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HomeMy WebLinkAboutSourdough Water Tank Rehabilitation - 2008 Natgun Corp. Bidder~O C ~i~ of ~~z~~~n~~ ~~~~~nan, i'~e~~ta~a i,~~It~4 ~ 0~~ ;• .Q5~.76t7.U31 L~ htt~tN: Enid fnrrn s:~3!! not be removed fram this bound co~1t~. x ~EC~ ~~t'4wi ~ ~ J~i~~ ~i ~~',~~~d~~~~~~ ,~~c~~.~~a~~rl~dgec~ '~ ~~/~ ~y~ ~~CJ9~'i~ ~~cl~~e~ re~;ured ~~r: ~' ~.~~~ ~~ ~. Arr:G•mpi~vet-Urmerl Co»~z~a,Rnv L7~z~~~i1~ f~0/t~~fc.~~7C~ ~artlE? ~~ ~j~C~~i' Natgun Corporation -Contractor Registration No. 157$34 r~:~t~l'PSS 11 Teal Road, Wakefield, MA 01880. _______ ~@iE:~JilOCI£,' NO. 781-246-1133 _._ P1'O~C',Ct X0.0417.055.700.310 ,~@$ ~~. ~~ ,_~_ Pd:\04171Q55\SPEC~\cover vcl 1.doc 8/25/48 PROJECT MANUAL FOR SOURDOUGH WATER TANK REHABILITATION - 2008 CITY OF BOZEMAN P.O. Box 1230 BOZEMAN, MT 59771-1230 AUGUST 2008 Prepared by: Morrison-Maierle, Inc. 901 Technology Blvd. P.O. Box 1113 Bozeman, MT 59718 Phone: (406) 587-0721 Fax: (406) 587-5238 ,.~ . TA #~, •q~ v ~, ; No.1 83 P~ ~~ EN5~0 . ~~S~ONA1- ~ „ ounuTv or Z4 No. Approval~yDate t!/ _ ~ Date ~_~O_~ Na o`1~7. D55.7mo. Ziv N: \0417\055\S PECS\Cover2. doc Written By: CEB Checked By: JRN Approved by: James R. Nickelson Project Manager PROJECT NO: 0417.055.700.0310 TABLE OF CONTENTS SOURDOUGH WATER TANK REHABILITATION - 2008 'PROJECT MANUAL SECTION TITLE DIVISION 0 - :BIDDING REQUIREMENTS, CONTRACT FORMS AND :DOCUMENTS `WHITE PAPER 00100 INVITATION TO BID 00200 Y'NSTRUCTIO'NS TO BIDDERS YELLOW PAPER 00300 BID FORM INFORMATION REQUIRED OF BIDDERS NON-COLLUSION AFFIDAVIT 00430 BID "BOND FORM (EJCDC No. C-430, 2002 Edition). UVHI TE PAPER 00500 AGREEMENT FORM 00610 PERFORMANCE BOND (EJCDC No. C-610, 2002 Edition). 00615 PAYMENT BOND (EJCDC No. C-615, 2002 Edition) BLUE PAPER 00700 STANDARD GENERAL CONDITIONS FOR THE CONSTRUCTION CONTRACT 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PINK PAPER PREVAILING WAGE RATES (MT. Dept. Of Labor & Industry) WHITE PAPER MISCELLANEOUS FORMS NOTICE OF AWARD NOTICE TO PROCEED CHANGE ORDER WORK CHANGE DIRECTIVE FIELD ORDER ORDER TO CONTRACTOR TO SUSPEND WORK ORDER TO CONTRACTOR TO RESUME WORK APPLICATION FOR PAYMENT CERTIFICATE OF SUBSTANTIAL COMPLETION CONTRACTORS CERTIFICATE AND RELEASE N:\0417\055\SPECS\toc.doc 8/26/2008 Table of Contents -Page 1 of 2 TABLE OF CONTENTS - CONT'D DURSTON ROAD IMPROVEMENTS , PROJECT MANUAL GREEN PAPER ' TECHNICAL SPECIFICATIONS , CIFICATIONS MONTANA PUBLIC WORKS STANDARD SPE The Montana Public Works Standard .:Specifications (MPWSS), .Fifth Edition, March 2003, shall apply on this project, subject to the modifications and additions provided in the City of Bozeman Modifications to Montana Public :Works Standard - Speci~cations, Fifth Edition, dated IVlarch 2004, including Addenda Nos. 1, 2 & 3. All ' of the above are incorporated herein by reference and shall be subject to the modifications and additions provided in the following Technical Specifications. The asterisked (*) MPWSS technical sections have been specifically identified in this Table of Contents for convenience, but are not bound in this Project Manual. SECTION TITLE DIVISION 1 -GENERAL REQUIREMENTS ' SECTION 01010 Summary. of Work SECTION 01019 Contract Considerations ' SECTION .01025.. Measurement and Payment SECTION 01027 Application for Payment Consent of Surety Company to Final Payment ' SECTION 01035 Change Order. Procedures SECTION 01040 Coordination And Site Conditions SECTION 0.1041 Project Coordination ' *SECTION 01090 References SECTION 01300- Submittals SECTION 01400 Contractor Quality Control And Owner Quality Assurance ' SECTION 015.00 Construction Facilities and Temporary Controls SECTION 01560 Environmental Quality Control SECTION 01570 Construction Traffic Control ' SECTION 01600 Materials and-Equipment SECTION 01700 Contract Closeout SECTION 01770 Substantial Completion. ' DIVISION 3 -CONCRETE SECTION 03330 Galvanized Strand Prestressing and Shotcrete ' SECTION 03740 Epoxy Adhesive Injection of Cracks in Concrete Members PLAN SET END OF TABLE OF CONTENTS Table of Contents -Page 2 of 2 ' N:\0417\055\SPECS\toc.doc 8/26/08 SECTION 00100 .INVITATION TO BID Separate sealed bids for :construction of the Sourdough Water Tank .Rehabilitation - 2008, .Bozeman, Montana, will be received by the City of Bozeman at the office of the City Clerk, City Hall, 411 East 'Main, Bozeman, MT 59715 .until 2:00 PM local time ort Tuesday, September 9. 2008, and then publicly opened .and read aloud. The .project .generally consists of, but is not necessarily limited to, the rehabilitation of the existing 147' .diameter concrete Sourdough Water Tank ..:including :repair of the existing pre-stressed dome :ring., :installation of .additional prestressed strand. restraints and shotcrete, and epoxy adhesive injection spot :repair of the existing tank exterior. The .contract documents consisting of half size Drawings and Project Manual may be examined or obtained at the :office of Morrison-Maierle, Inc. 2880 Technology .Blvd. West, Bozeman, Montana. Required deposit is $100.00 :per set, which is not refundable, by regular mail or lJnited Parcel Service (UPS). Payment of an additional 20.00 is required for :express mail. In addition, the Drawings and Project Manual may also be examined at the following locations: • Bozeman City Engineers Office, AI Stiff Professional Building, 20 East Olive, Bozeman, Montana, • Builder's Exchanges located in Bozeman, MT and McGraw Hill Const./Dodge Plan Center -Boise, D. • The offices °of the consulting engineer, Morrison-Maierle, Inc., located at: 2880 Technology Blvd. West, Bozeman, Montana 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. CONTRACI"OR's are required to have registered with the DLI prior to bidding on this project. Invitation to Bid - 00100 -Page 1 of 3 N:\0417\055\SPECS\DIV 0\00100 invite bid.doc 8/25/08 All laborers and mechanics employed by CONTRACTOR(s) or subcontractors in performance of the construction worn 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 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 #or employment are not discriminated against because of their race, color, religion, sex or national origin. Each Bid must be accompanied by Bid security made payable to the City of Bozeman in an amount often percent (10%)'of Bidder's maximum Bid price and in the'#orm -of cash, 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 inchaded in the contract documents 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. 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%) of the contract amount. Insurance as required ~ shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shalt be provided. 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 sixty {60) days, and to accept the lowest responsive and responsible. bid which is in the best interest of the City of Bozeman. Invitation to Bid - 00100 -Page 2 of 3 N:\0417\055\SPECS\DIV 0\00100_invite_bid.doc 8/25/08 C~ u I~ 0 [] r The CITY OF BOZEMAN, MONTANA is an Equal Opportunity Employer. Dated this 21st day of August, 2008. Stacy Ulmen City Clerk (Title) Address: 411 East Main Bozeman Montana 59715 Publication Dates: Bozeman Daily Chronicle Sunday, August 24, 2008 Sunday, August 31, 2008 Invitation to Bid - 00100 -Page 3 of 3 N:\0417\055\SPECS\DIV 0\00100_invite bid.doc 8/25/08 SECTION :00200 INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS ARTICLE 1 -DEFINED TERMS ...................................................................................... 3 ARTICLE 2 -COPIES OF BIDDING DOCUMENTS ....................................................,... 3 ARTICLE 3 -QUALIFICATIONS OF BIDDERS .............................................................. 3 ^ ARTICLE 4 -EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, .................................................................................... ^ AND SITE •••••••••••••••4 ............................................... 7 ' ARTICLE 5 -PRE-BID CONFERENCE ...............:........... ARTICLE 6 -SITE AND OTHER AREAS ........................................................................7 ^ ARTICLE 7 -INTERPRETATIONS AMID ADDENDA ...................................................... 7 ^ ARTICLE 8 -BID SECURITY .......................................................................................... 8 ARTICLE 9 -CONTRACT TIMES ................................................................................... 8 ARTICLE 10 -LIQUIDATED DAMAGES ........................................................................ . 8 ARTICLE 11 -SUBSTITUTE AND "OR-EQUAL" ITEMS ............................................... . 9 ARTICLE 12 -SUBCONTRACTORS, SUPPLIERS, AND OTHERS .............................. . 9 ARTICLE 13 -PREPARATION OF BID ........................................................................ 10 ARTICLE 14 -BASIS OF BID; COMPARISON OF BIDS .......................................... 11 ARTICLE 15 -SUBMITTAL OF BID .............................................................................. 12 ARTICLE 16 -MODIFICATION AND WITHDRAWAL OF BID ...................................... 13 ARTICLE 17 -OPENING OF BIDS ............................................................................... 14 ARTICLE 18 -BIDS TO REMAIN SUBJECT TO ACCEPTANCE ................................. 14 ARTICLE 19 -EVALUATION OF BIDS AND AWARD OF CONTRACT ....................... 14 ARTICLE 20 -CONTRACT SECURITY AND INSURANCE ......................................... 15 ARTICLE 21 -SIGNING OF AGREEMENT .................................................................. 16 ARTICLE 22 -MONTANA STATE LAWS AND REGULATIONS .................................. 16 Instructions to Bidders - 00200 -Page 9 of 19 N:\0417\055\SPECS\DIV 0\00200insr_bid.doc 8/25/08 ARTICLE 23 - MPW STANDARD SPECIFICATIONS ........................................:..........17 ARTICLE 24 -COMPLIANCE WITH LABOR`STANDARDS AND WAGE RATE REQUIREMENTS' ..................................................................................17 ARTICLE 25 -DELETED ............:........................~~ .............18 ........................................... ARTICLE 26 -.:DELETED ..................................................................:.:.....:...................18 ARTICLE 27 - RETAINAGE ....................:.....................................................................18 ARTICLE 28 -DELETED .........................................................................:....................18 ARTICLE 29 -'BOZEMAN BUSINESS `LICENSE ...................... ...18 ................................. ARTICLE 30 -PAYMENTS AND BIDDER BREAKDOWN OF BIDS.... .........................18 ARTICLE 31 - NOTICE OF APPROVAL OF PAYMENT REQUEST PROVISION ........19 ARTICLE 32 -NOTICE OF EXTENbED PAYMENT PROVISION ................................19 Instructions to Bidders - 00200 -Page 2 of 19 N:\0417\055\SPECS\DIV 0\00200insr bid.doc 8/25/08 SECTION x0200 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. 1 1 B. Issuing Office--The office identified in the Invitation to.Bid#rom which the Bidding Documents are to be .issued and where the bidding procedures are to be :administered. C. Successful Bidder--The lowestresponsible Biddersubmi ting a responsiveBid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. ARTIGLE 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 Lssuing 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 forerrors 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 forthe 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 cabled 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 Bidderwill be acceptable if he is engaged in any otherwork which impairs his ability of meeting all requirements herein stipulated. Instructions to Bidders - 00200 -Page 3 of 19 N:\041T055\SPECS\DIV 0\OOp00insr_bid.doc 8/25/08 ~ B. In determining the .lowest responsible bid, the #ollowing elements will be considered; whetherthe Bidder involved: 1. maintains a permanent place of business; 2. has adequate plant and equipment to do the work .properly and expeditiously; 3. has a suitable financial status to meet obligations incident to the work; and 4. has appropriate technical experience. C. Each'Bidder may be :required to show that former work performed by him has been hand ed 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. ARTICLE 4 - EXAMINATIQN 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 of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established. in paragraph 4.02 of the`Suppiementary 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, Instructions to Bidders - 00200 -Page 4 of 19 N:\0417\055\SPECS\DIV 0\00200insr bid.doc 8/25/08 ~ 1 t including OWNER, or others. OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof .unless expressly provided otherwise :elsewhere. i~ ii 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those .reports and drawings .relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing he :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 of the Contract Documents, .:but the "technical data" contained therein :upon which Bidder is entitled,to rely as provided in paragraph 4.06 of the General Conditions has .been identified and established in .paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for :any interpretation or conclusion Bidder .draws from .any "technical data" or any other. data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Responsibility forAdequacy of Da#a Furnished A. .Provisions concerning .responsibilities ,for the adequacy of .data furnished to prospective :Bidders- with :respect to subsurface conditions, Underground Facilities, and other physical conditions, and possible changes in the Bidding Documents due to differing or unanticipated .conditions .appear in paragraphs 4.02, 4.03, and 4.04 of the .General. Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and .possible changes in .the Contract Documents .due .to any :Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawing or Specifications or identified in the :Contract Documents to be within the scope of the Work appear in :paragraph 4.06 of the General Conditions. 4.05. Access to the Site A. On request, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and tudies as Bidder deems necessary for submission of a Bid. Bidder shall. fill _and compact alh.holes-and clean up and restore the. Site to its former condition. upon completion of such explorations, investigations, gists, and studies. Bidder shall comply with all .:applicable Laws and Regulations ..relative to excavations and utility locates. 4.06 :Other Work at the Site A. Reference is made toAlticle 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. Instructions toBidders - 00200 -Page 5 of 19 N:\0417\055\SPECS\DIV 0\00200insr_bid.doc 8/25/08 4.07 It is the responsibility of each'Bidder before submitting a Bid to: , A. Examine and carefully study the :Bidding Documents, including any Addenda and the other related data identified in the .Bidding `Documents; B. Visit the Site and become familiar with and satisfy Bidder asto 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 atisfy Bidder al 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 he 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, and carefully study all reports and drawings of a , Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as..provided in paragraph 4.06 of the General Conditions; E. Obtain and careful) stud or acce t copse uences of not doin so all Y Y~ p q 9 ) 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 ofthe 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-forthe 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; Instructions to Bidders - 00200 -Page 6 of 19 N:10417\055\SPECS\DIV 0\00200insr bid.doc 8/25/08 I. Promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or ' discrepanciesthat 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 sufficientto indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 Representation Made by Submitting a Bid A. The submission of a Bid will constitute -an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the .Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, andior procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder.. has .discovered in the Bidding Documents and .the written resolutions thereof by ENGINEER .are acceptable to :Bidder, and that the Bidding .Documents and any written resolutions .are. generally sufficient to indicate and. convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 -PRE-BID CONF RENCE 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. Easements for ..permanent structures or permanent changes in .existing facilities .are to be obtained and .paid for by OWNER unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained.and paid for by CONTRACTOR. ARTICLE 7 -INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be -issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the.Bidding Documents. Questions received less than ten (10) days priorto 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. Instructions to Bidders - 00200 -Page 7 of 19 N:\0417\055\SPECS\DIV 0\00200insr_bid.doc 8/25/08 n J ' 7.02 Addenda may be issued to clarify, correct, or :change the Bidding :Documents as deemed advisable 'by OWNER or ENGINEER. ` Contract 7.03 Any addenda issued during the ime of bidding, or forming a part of the Documents loaned to the Bidderforthe preparation of hs;proposal, shall be covered in the Bid and shall be made a .part of he Agreement... Receipt of each addendum shall be acknowledged in the Bid and on the Bid form. Any Bid in which ali issued addenda are not acknowledged wilt 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. 1f the Successful Bidder fai`Is to execute and deliver the Contract Documents and furnish the required contract security within fifteen {15) days afterthe 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 QWNER believes to have a reasonable chance of receiving. the award may be retained`by OWNER until the earlier of seven (7) days after the Effective Date of the Agreement or sixty-one (61) days after .the Bid opening, whereupon Bid Security#urnished 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 will be returned within seven working days after the Bid opening. ARTICLE 9 -CONTRACT TIMES 9.01 The number of days within which, or the dates by which, [Milestones are to be achieved and] the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in Section. 00300 Bid Form and Section 00500 Agreement. ARTICLE 10 -LIQUIDATED DAMAGES 10.01- Provisions for liquidated damages, if any, are set forth in Section 00300 Bid form and Section 00500 Agreement. Instructions to Bidders - 00200 -Page 8 of 19 N:\0417\055\SPECS\DIV 0\00200insr_bid.doc 8/25/08 ARTICLE 11 -SUBSTITUTE AND "OR-EQUAL" ITEMS 11.0.1 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. 1Nhenever it is :indicated in the Bidding Documents that a substitute or "ar- equal" item of ..material or equipment may be furnished. or used "by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the'Effective Date of the Agreement. The procedure for submission. of any such application by CONTRACTOR and consideration by `ENGINEER is set forth in: Paragraph 6.05 of the General Conditions andmay be supplemented in the Supplementary Conditions orthe General Requirements of .the technical specifications. ARTICLE 12 -SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require or the OWNER requests 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 five (5)-days after Bid opening, submit to OWNER a .List of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the 1Nork 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 ENGLNEER, 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, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in-cost-occasioned by such substitution, and OWNER may consider such .price adjustment in evaluating Bids andmaking the Contractaward. 12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may determine such Bidder to be non-responsive and reject the Bid [, and may award the Contract to the ,next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, ..individuals, or .entities].. Declining to make_ requested substitutions will _not constitute grounds for forfeiture of the 'Bid Security of -any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGLNEER-makes no written objection .prior to the .giving of the Notice of Award will be deemed acceptable #o OWNER and ENGINEER ubjectto revocation ofsuch acceptance afterthe 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 reaso able objection. Instructions to Bidders - 00200 -Page 9 of 19 N:\0417\055\SPECS\DIV 0\00200insr bid.doc 8/25/08 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 #orms provided in this :bound copy of the Project Manual. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof ordeviations therefrom maybe 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. Erasures or alterations shall be initialed in ink'by the person signing the Bid .Form. A Bid price shall be indicated for each section, .Bid item, alternative, __ adjustment unit. price item, and unif .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 bythe president or a vice-president ol- other corporate officer-who is authorized to bind the corporation, .and the corporate seal shall be affixed and attested bythe secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. The Bid ' of a corporation which is igned by a ,person other than' a corporate officer must `be accompanied by evidence of authority to sign. ' h' name and si ned b a 13.04 A Bld by a partnership shall be executed m the partners Ip g y 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 ABid-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 JointVenture must be shown below the signature. he n e low t k b 13.08 All signatures are to be in ink and names must be typed or printed in i 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. Instructions to Bidders - 00200 -Page 10 of 19 N:\0417\055\SPECS\DIV 0\00200insr bid.doc 8/25/08 13.11 The Bid must contain evidence of Bidder's authority and qualification to do business in Montana. Bidder's current Montana state contractor registration number must be shown on the Bid Form. 13.12 The Bid will not be considered unless accompanied by proper Bid Security in accordance with Article 8 of these Instruction 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 invited to: Noncollusion Affidavit Certification of Nonsegregated .Facilities DBE Certifications EEO Certifications Clean Air Act .and Water Pollution .Control Act Certifications Federal Lobbying Certification 13.14 Alternate Bids will not be considered unless called for. 13.15 Bids by telephone, telegraph, fax or other telecommunication systems will .not be considered. 13.16 No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. ARTICLE 14 - ..BASIS OF BID; ,COMPARISON OF BIDS 14.01 Bids A. Bidders shall submit a Bid on a unit price and/orlump sum basis for each .item of Work listed in the .Bid Schedule as provided in the Bid Form and as described below. The Bid will not be considered unless the Bid Form contains :prices for all unit priceand/orlump 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 igned. 14.02 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in he Bid Schedule. B. The total of all estimated prices.will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid-forthe item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. Instructions to .Bidders - 00200 -Page 11 of 19 N:\0417\055\SPECS\DIV 0\00200insr bid.doc 8/25/08 C. Discrepancies between the multiplication of units of Work and unit prices will be , resolved in'#avor of the unit prices. .Discrepancies .between the indicated sum of any column of figures and he correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. ' 14.03 The Bid ;price shall include such amounts asthe 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. 14.04 The low Bidder will be determined on the basis of the sum of-the lowest Combined Total Bid without consideration of any additive or deductive alternate bids for lump sum proposals. The Owner reserves the right to exercise any or all additive or deductive alternatives in any combination after the lowest acceptable proposal has been determined. Owner to negotiate with the responsible Bidder 14.05 The right also is reserved for .the . submitting the owest responsive bid in the event such lowest 'bid exceeds the amount ' budgeted for this contract. Such negotiations, if the Owner elects#o 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 toprovide. Such Bidder then may be invited by the Owner to submit a revised bid. The Bidder may elecf 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 1'5 -SUBMITTAL OF BID 15.01 Each prospective Bidder is furnished one bound copy of the Bidding Documents with one copy of the 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 of the Instructions to Bidders, Bid Form, Bond forms, Agreement, contract stipulations, or other specifications hall 'be removed from the `bound copy of tMe Project Manual prior to submission of Bid. Data to `be submitted with the'Bid inclu-des: 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 (and, if app4icablle, the designated portion of the Project forwhch the Bid is submitted.), 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: IJ L Instructions to Bidders - 00200 -Page 12 of 19 N:\0417\055\SPECS\DIV 0\00200insr_bid.doc 8/25/08 City of .Bozeman Attn: Stacy Ulmen, City Clerk 411 East Main Bozeman, 'MT 5971'5 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: .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. .Acknowledge and. attach all Addendums. 15.05 Statement of Bidder's Qualifications and Other Information: The apparent low Bidder shall be required to submit certain information as requested in the section titled "Information .Required of Bidders." This information shall be submitted within with the Bid. Failure to comply .with this requirement may render the Bid unresponsive .:.and may result in the 1 rejection of the Bid. Furthermore, failure of the low Bidder to provide his 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 1 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 inthe 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 1f, withintwenty-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 OWNERthat there was amaterial 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. Instructions to Bidders - 00200 -Page 13 of 19 N:1041T055\SPECS\DIV 0\00200insr bid.doc 8/25/08 16.03 Bids and modifications orwithdrawals thereof received atthe office designated in the Invitation :for Bid after the exact time set for opening of .Bids will not be considered .unless: They are received before award is made; and either (1) they are sent by registered mail, or by certified .mail not dater than the fifth calendar day before the date specified forthe Bid for , which an official dated .post office tamp (postmark) on the original Receipt for Certified Mail has been obtained and it is determined by the'OWNER that the Gate receipt vvas due solely to delay in the mail forwhich the BIDDER was not responsible; or (2) if submitted by mail, it ' is determined by the 01NNER that the late receipt was due solely to mishandling by the OWNER after receipt atthe OWNER's'installation: PROVIDED, that timely receipt at such installation is established upon examination of an appropriate date ortime stamp (if any) of such installation, or of other documentary evidence of receipt (if readily available) with the control of such installation or of'the post office serving it; or (3) was sent by U.S. Postal Express Mail next dray service not later than 5:00 `P.M. at the place of mailing two working ' days prior to the date specified-for receipt of Bids. 16.04 Bidders using .certified mail are cautioned to obtain a Receipt for Certified Mail showing a legible, dated postmark and-to retain such receipt againstthe chance that. it will be required as evidence that a'Bid was timely mailed. If the post mark on the original Receipt for Certified `Mail does not show a date, 'the Bid shall not be considered. , ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place set for the opening as indicated in the Invitation to Bid .and, unless obviously non-responsive, will be read aloud .publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 -BIDS TO REMAIN SUBJECT TO ACCEPTANCE ' 18.01 All Bids will remain subject to acceptance for sixty (60) days after the day of the'Bid opening, `but OWNER may, in its sole discretion, release any Bid and return 'the 'Bid i Security prior to the end of this period. ARTICLE 19 -fVALUATION'OF BIDS AND AWARD OF CONTRACT ' 19.01 OWNER reserves the right to reject any and/or all Bids, including without limitation, nonconforming.,... nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid.,. of any ...Bidder whom it finds, after reasonable :inquiry. and evaluation, to'bevon-responsible. OWNER also reservesthe righttowaive 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 o 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 Instructions to Bidders - 00200 -Page 14 of 19 N:10417\055\SPECS\DIV 0\00200insr bid.doc 8/25/08 r 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#o 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. 19..05 OWNER may conduct such investigations as OVIINER 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 Ifthe Contract is to be awarded, OWNER will award the Contract to the responsible Bidder whose Bid is in the best interests of the Project. Consideration factors-will include conformance with .all .material terms and .conditions of the Contract .Documents, Bid price, and other appropriate factors. 19.07 If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within sixty {60) 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 denoted as separate schedules. The OWNER wilt award a single contract for the work. 19.09 The OWNER reserves the right to cancel the award of-any Agreement at any time before the complete execution of said Agreementby all parties without any liability against the OWNER. 19.10 If, at the time#his 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 Dwner'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. Instructions to Bidders - 00200 -Page 15 of 19 N:\0417\055\SPECS\DIV 0\00200insr bid.doc 8/25/08 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, stccessful Bidder shall sign and five (5) counterparts of the Agreement and attached documents to OWNER. Within fifteen (15) days thereafter, ' OWNER shall deliver two 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, employment preference to Montana contractors and Montana residents, and gross receipts tax. 22:02 MONTANA CONTRACTOR REGISTRATION REQUIREMENT. Title 39, Chapter 9, Part 2, MCAfor regis#ration of C©NTRACTORS 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, Heiena, 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 asprovided by-law or specified herein, 1 percent (1%) of all paymentsdue the CONTRACTOR and shall transmit such moneys to ' the Montana Department of Revenue. 22.04 BIDDER PREFERENCE. In accordance with the :provisions of Title 18, Chapter 1, ' Part 1, MCA, a preference will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder from any state or country that enforces a ' preference in their state or country for their resident Bidders. The preference given to Montana resident Bidders will be equal to the preference given in the other state or country. This Bidder preference applies unless specifically prohibited by Federal laws or regulations. , Products manufactured or produced in the State of Montana shall bepreferred for use in all projects if such products are comparable in ;price and quality. Further, wherever possible, products manufactured and .produced in the State, which are suitable substitutes -for products manufactured or produced outside the State, and comparable in price, quality and performance, shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. Instructions to Bidders - 00200 -Page 16 of 19 N:\0417\055\SPECS\DIV 0\00200insr_bid.doc 8/25/08 22.05 LOCAL LABOR. CONTRACTOR shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. ARTICLE_23 -MPW STANDARD SPECIFICATIONS 23..01 TheMonfana Public Works Standard Specifications, Fifth Edition, March 2003, are ' . referred to elsewhere in his document as the MPW Standard Specifications. Copies ofthe MPW Standard :Specifications and all addenda are available from: Associated General Contractors of America 'Montana Contractors Association 1717 11th Avenue Helena, MT 59601 Telephone: {406) 442-4162 23.02 The City of Bozeman Modifications to Montana Public Works Standard Specifications, Fifth Edition, dated March .2004, including Addenda, are referred to elsewhere in this document as he City of :Bozeman Modifications to MPW . Copies of the City of .Bozeman Modifications to'MPW are available from: City of .Bozeman, Engineering Department 20 East Olive Bozeman, MT 59715 Telephone: (406) 582-228:0 ~~ ARTICLE 24 -COMPLIANCE WITH .LABOR .STANDARDS AND WAGE RATE REQUIREMENTS 24.01 For public works projects, pursuant to MCA 18-2-422, all laborer and mechanics employed by the CONTRACTOR(s) or subcontractors in performance of construction projects with a total cost of $25,000 or more, shall be paid, minimumwages in conformance with the prevailing State Wage Rates published by the Montana Department of Labor and Industry. Theprevailing wage rate schedules are included herein. The OWNER does not guarantee that labor can be procured for the minimum wages shown on the referenced schedules. The -rates of wages listed are minimum only, below which the CONTRACTOR cannot pay, and `they do not constitute a representation that labor can be procured`for the minimum listed. 24.02 The minimum wages included in the Project Manual are not controlling except as to the minimum for the purpose of Montana State Law or the Davis-Bacon Act; therefore,. it is incumbent upon each employer'to pay the-standard prevailing rate of wages including fringe 'benefits for health and welfare and pension contributions, and travel allowance ,provisions in effect and applicable to the county or-locality to which the work is being performed. Should the prevailing rate of wages change during the life of the contract, the CONTRACTOR andior 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 Instructions to Bidders - 00200 -Page 17 of 19 N:\0417\055\SPECS\DIV 0\00200insr bid.doc 8/25/08 ~ MCA. The CONTRACTOR .and all subcontractors are directed to the Montana Commissioner of Labor forinformation on the standard `.prevailing rate of wages applicable to this contract within this,project area. 24.03 ``Standard Prevailing Rate of Wages" :is :defined by section 18-2-401 1VICA, as including wages, fringe benefits!for health and welfare and pension contributions and travel allowance which are paid in the county or locality by other contractors for work of a similar character performed in that county or locality by each craft, classification or type of worker needed to complete a contract. 24.04 Any infraction of the Laws of the State of Montana covering Labor, Title 39, Chapters 1 through 73, MCA will be forwarded to the State of Montana Department of `Labor and Industry. 24.05 "Travel Allowance", in effect at the time of contract award, and according to latest information received by the State of 'Montana Department of Labor and Industry, Labor Standards Division, shall be adhered to where applicable. 24.06 Travel allowance if applicable, .:may or may .:not be all inclusive of "travel" .and/or subsistence and travel time due employees. it is incumbent on the employer to determine the amounts due for each craft employed according to the method of computation outlined for each craft where applicable. 24.07 To comply with Montana Law Section 18-2-401 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 25 -DELETED ARTICLE 26 -.DELETED ARTICLE 27 - RETAINAGE 27.0.1 Provisions concerning CONTRACTOR's rights to deposit securities in lieu of retainage are set forth in the Agreement. ARTICLE 28 -.DELETED ARTICLE 29 - BOZEMAN BUSINESS LICENSE 29..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 theJicense may be obtained by calling. 406-582- 2300. Applications may be obtained at City Hall, 411 East Main .Street. ARTICLE 3Q - :PAYMENTS AND BIDDER BREAKDOWN OF BIDS Instructions to Bidders - 00200 -Page 18 of 19 N:\0417\0551SPECS\DIV 0\00200insr bid.doc 8/25/08 1 ~ r t 30.01 Payment for all work performed .under this Agreement will be made by the OWNER within the time period specified in and in accordance with the .procedures outlined in the General Conditions. Payments made after the time limit will be subject to .interest at the rate specified in the Agreement. When the work extends beyond thirty (30) days, progress payments will be made monthly for any work accomplished during he.preceding month, but subject to retainage as specified elsewhere. ARTICLE 31 -NOTICE OF APPROVAL OF <PAYMENT REQUEST PROVISION 31.01 These Contract Documents and this Contract allows he OWNER#o review and approve :each CONTRACTOR's periodic payment request within 34 days after the request is received by the OWNER. ARTICLE 32 -NOTICE OF EXTENDED PAYMENT PROVISION 32.01 These Contract Documents and this Contract allow the OWNER#o make periodic payments within 14 :days after the OWNER's approval of each periodic payment request. END OF SECTION 00200 Instructions to Bidders - 00200 -Page 19 of 19 N:\0417\055\SPECS\DIV 0\00200insr_bid.doc 8/25/08 SECTION 00300 BLD FORM PROJECT :.IDENTIFICATION: Sourdough Water Tank Rehabilitation - 2008 Bozeman, MT CONTRACT IDENTIFICATION A D NUMBER: MMI #417.055.700.0310 THIS BID'IS SUBMITTED TO: City of Bozeman, .Montana Attn: Stacy Ulmen, City Clerk 411 East `Main ..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 alt :Work as specified or indicated in the :Bidding Documents for the prices and within -the times indicated in this B d 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 REMAFN 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 si 60 days after the -Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. Section- 00300 -Page 1 of 9 N:\0417\055\SPECS\DIV 0\00300 bid form.doc 8/25/2008 i ARTICLE 3 -SUBMITTING THE B'ID 3.01 Fn submitting this Bid, :Bidder represents, asset #orth 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 i ~ ~I L n become familiar with and is satisfied as to B. Bidder has vlslted the .Sete a d the general, local and Site conditions that may affect <cost, progress, and performance of the Work. C. Bidder is familiar with ..and is satisfied as o 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. ` M studied (or assumes responsibility for E. Bidder has obtained and carefully 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 affectcost, ..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. M 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. Section 00300 -Page 2 of 9 N:\0417\055\SPECS\DIV 0\00300 bid_form.doc 8/25/2008 G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the V11ork as indicated in the Bidding Documents. H. Bidder has correlated the .information known to Bidder, information and observations obtained #rom 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. Bidder has :given ENGLNEER 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 individua or entity and is not submitted in conformity with any agreement or rules of any group, associa#ion, 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. ARTICLE 4 -BID SHEET SCHEDULES 4.01 Bidder will complete the Work in accordance with the Contract Documents and the provisions below for the following price(s) as summarized in the Bid Sheet Schedule(s) hereinafter. A. The Bidder understands and acknowledges that estimated quantities are not guaranteed and are solely the purpose of comparing Bids from the various :Bidders and that final payment under the Contract for all unit price bid items will be based on the actual quantities of work installed and measured in accordance with the Contract Documents. Bidder will complete the Work for the price set forth in the following unit .price or lump sum schedules. N:\0417\055\SPECS\DIV 0\00300_bid_form.doc 8/25/2008 Section 00300 -Page 3 of 9 B. The Bidder agrees that all sales and use taxes are included in the stated bid prices .for the work, unless provision is made herein for'the Bidder. to separately itemize the estimated amount of sales or use taxes. C. All specific cash allowances are included in the Lump Sum .prices set forth below and have been computed in accordance with. paragraph 11.02 of the General Conditions. D. Unit Prices have been computed in accordance with paragraph 11.03.6 of the General Conditions. The undersigned agrees thatthe unit prices shall govern in checking the Bid, and .should a discrepancy. exist in the Total 'Estimated Price and l"otal Amount of Unit Prices Bid as listed after extensions are checked :and corrections made, if any, the Total Amount of Unit Prices Bid as corrected shall be used in awarding this Contract. E. The OWNER reserves the. right to reject any or all bids. F. A single contract for the work shall be awarded. Bidders sha l submit a Bid for all Bid Schedules on a unit ..price and/or lump sum basis for each item of Work listed as .provided and described below. Section 00300 -Page 4 of 9 N:\0417\055\SPECS\DIV 0\00300 bid form.doc 8/25/2008 ' ADDENDUM No. 1 SOURDOUGH WATER TANK REHABILITATION -- 2008 CITY OF BOZEMAN, MT MM1 Project No.: 0417.055.700.0310 Addendum Date: September 3, 2008 Bid Date: September 9, 2008 NOTICE TO ALL BIDDERS & PLANHOLDERS The Contract Documents and Construction Drawings are hereby modified and/ar superseded as follows in this Addendum No. 1, and in submitting a bid, each bidder shall acknowledge receipt of all addenda according to the procedures outlined in the INSTRUCTION TO BIDDERS. TO THE CONTRACT DOCUMENTS 1. Section 00300, BID FORM: a. Complete the attached revised Bid Sheet, Page 5 of 9 -Addendum No. 1 (in lieu of the original page) and attach the completed revised page to the original Bid Sheet Page 5 of 9 in the Section 00300 Bid Form. 2. SECTION 01025, MEASUREMENT AND PAYMENT: Modify the basis of measurement and payment under Article 1.04.C as follows: a. Revise Item 103 to read as follows: Item 103 -EXISTING TANK DOME RING REPAIR, COMPLETE: Measured and paid at the contract unit price bid by the square feet of existing water tank dome ring repaired and rehabilitated in accordance with the Contract Documents. Bid pace shall include any and all materials, tools, labor and equipment necessary for removal and disposal of the existing deteriorated dome ring mortar, cleaning and preparation of the existing dome ring mortar and prestressed wire; and patching with non-shrink repair grout. b. Add paragraph "Item 105" as follows: Item 705 -NEW ADDITIONAL PRESTRESSED DOME RING SYSTEM, COMPLETE: Measured and paid at the contract Lump Sum price bid for the preparation and installation of the new additional prestressed dome ring system, Addendum No.1 Page 1 of 2 Addendum No.1 i Page 2 of 2 SOURDOUGH WATER TANK REHABILITATION - 2008 B1D SHEET The 'Bid forthe following items shall 'be a :unit price or,lump sum::bid for :all construction work .described in the Contract .Documents. The bid :price shall include all #emporary or permanentequipment, materials, supplies, and labor necessary to construct the item in accordance with the Contract,Documents. Item Estimated Unit <Wnit Total No. Description Quantity Price Price 101 MOBILIZATION/DEMOBILIZATION 1 L5 (No more than 3% or Total Bid) TAXES, BONDS, INSURANCE AND:.. 1 LS 102 ADMINISTRATION , EXISTING TANK DOME RING REPAIR AND 103 ADDITIONAL PRESTRESSING SYSTEM WITH 360 SF CONCRETE FINISH, COMPLETE EXISTING TANK EPOXY ADHESIVEiNJECTION g SF 104 REPAIR, COMPLETE TOTAL PRICE 'BID Total Bid in figures: BASIS ~JF AWARD If the Contract is awarded, the Owner wilF award a single Contract in accordance with Article 19 of Section 00200, INSRUCTION TO BIDDERS. The award will be made by the Owner on the basis of that Bid from the lowest responsive, responsible Bidder which, in the Ownel-'s sole and absolute judgment, witl best serve the interest of the Owner. The low bid will be determined on the basis of the'lowest Total Combined Bid amount. 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 Contract time for all schedules -shall .run concurrently under one `Notice 'to Proceed. Bidder agrees that the work will be substantially complete within 60 calendar days after the date when the Contract Times commence to run as provided in Section 00300 -Page 5 of 9 N;\0417\055\SPECS\DIV 0\00300_bid_form.doc 8/25/2008 t paragraph 2.03 of the General Conditions, and will 'be .completed and ready for final payment in accordance with .paragraph 14.07 of the General Conditions within 90 calendar days after the date when the Contract Times commence to run. ARTICLE 6 -LIQUIDATED `DAMAGES 6.01 In the event the'Bidder is awarded the Contract for Schedules 1, 2, 3, 4 and 5 .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 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 #hese 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/or supporting staff necessitated by the Bidder furnishing materials, workmanship, and/or equipment not in conformance with the Contract Documents resulting in additional construction administration/observation work and/or redesign work by the Engineer; or any reestablishment of survey lines or benchmarks destroyed by the Bidder's actions; or additional work <required by the failure of the Contractor to maintain adequate record documents. 6.04 Construction observation time will be accrued at straight time up to 40 hours per week and 1.5 times over 40 hours .per week or legal holidays. The Contractor shall provide a construction schedule [per Section 01300, SUBMITTALS. If :the Contractor intends to work double shifts, then two construction observers may be required. If two construction observers are on the job, then observation time will be accrued at straight time up to 40 hours per week per .observer. 6.05 Liquidated damages for the unscheduled employment of the Engineer, Resident Observer, and supporting staff shall be determined based on the following hourly rates: Straight Time Overtime Engineer $114.00/Hour $114.OOIHour Resident Observer $ 95.00/Hour $142.50/hour Surveyor $ 91.00/Hour- $136.50/Hour Technician..... $ 76.00/Hour $114.00/Hour Clerical $ 46.00/Hour $ 69.00/Hour 6.06 Out of .pocket expenses for materials, equipment, supplies, transportation and subsistence #or each construction inspector shall be billed at cost plus 10 percent. - Section 00300 -Page 6 of 9 N:\0417\055\SPECS\DIV 0\00300 bid form.doc 8/25/2008 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 1D% of the maximum Bid price. including alternates, ifi any, and in the :form of a 'Bid Bond (Section .00430), or other form.of Bid Security as identified in the:Instructons to Bidders.. ARTICLE 8 -`MEANING OF TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings-indicated in the instructions to :Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 -BID REJECTION 9.01 The OWNER reserves the right to reject any or all bids. ARTICLE 10 - BID SUBMISSION SUBMITTED on September 9 , 20 08 Montana Contractor Registration No. i57s34 Employer's Tax ID No. o42ii4562 If Bidder is: A Corporation Corporation Name: Natgun Corporation (SEAL) State Of Incorporation: Massachusetts Type (General .Business, Professional, Service, Limited Liability): General Bus' ess By: ature -- attach evi ence u city to sign if not a Corporate officer) Name ~fyped or printed): Joseph G. Manzi, Jr. Title: Vice President - Concrete Tank Services Section 00300 -Page 7 of 9 N:\0417\055\SPECS\DIV 0\00300 bid form.doc 8/25/2008 Attest: ~ (Corporate Seal) {Signature of Secretary) Marie ~. McGah Business address: 11 Teal Road, Wakefield, MA 01880 Phone NO.: 781-246-1133 FAX NO.: 781-224-5153 Date of Qualification to dobusiness [in Montana] is septe~ber 17, 2007 An Individual Name (typed. or-printed).: gy: (SEAL) (Individual's signature) Doing business as: Business address: Phone No.: A Partnership Name (typed or printed): By: ;SEAL) (Individual's signature) Name (typed or printed): Business address: Phone No.: FAX No.: FAX No.: Section 00300 -Page 8 of 9 N:\0417\055\SPECS\DIV 0\00300 bid form.doc 8/25/2008 ' From:DLI_CONT._REG. 4064443465 09f04f~009 09:05 #609 P.001f001 'STATE ®~ ®NTI~IY~ ®EPARTIVIENT DF LABOR & INDUSTRY CONSTRUCTION CONTRACTOR REGISTRATION UNIT ~EI~7`IFICATE OF CO,[~iTRACTOR R.EGISTIZATIOI~ REGIs~7'EIlAT60lY N®.157834 NATGUN CORPORATION i 1 TEAL RD WAKEFIELD, MA 01880 Effective Date: May 12, 2008 Expiration Date: May 11, 20 i 0 Employer Additional Ira ornlatioH orr buck ~ ---- f _-._,_- __._ . .. ........ ..._.. ~ --Pleitse-~otifytbis-ayesrcyof aNycbarcges wirhin-~o days. ' NATGUN CORPORATION Action by Unanimous Written Consent of Directors Without A Meeting .July 16, 2008 The undersigned, being all of the directors of Natgtui Corporation, a Massachusetts corporation (the ' "Corporation"), do hereby take the following actions and adopt the following resolutions by unanimous written consent as of the date first above written, ita accordance with Section 8.21 of the Massachusetts Business Corporation Act, M.G.L. Chapfer 156D, and do hereby direct the Secretary of the Corporation to make this ' instrument a part of the records of the Board of Directors of the Corporation. NOW THEREFORE, IT IS HEREBY RESOLVED: That effective July 16, 2008, the authority of any individual previously authorized to execute ' contracts or agreements in the name of, and on behalf of the Corporation, is hereby rescinded and that on and after July 16, 2008, the following individuals are hereby authorized and empowered to execute contracts or agreements on behalf of the Corporation: Charles E. Crowley, I~emleth E. Johnson, William F. Crowley, Donald Paula, Edward F. Holmes, Joseph G. Manzi, and Eric T. ' Reaman, or any one of them singly; and, further RESOLVED: That, effective Juiy 16, 2008, the following individuals be and hereby are elected to the following offices of this Corporation, to serve in such capacities until their successors shall be duly elected and qualified, or until their earlier resignation or removal: ' Name Office s Charles E. Crowley President Kenneth E. Johnson Vice President-Operations ' William F. Crowley Executive Vice President Salvatore Marques Vice President -Engineering Donald Paula Chief Financial Officer/Treasurer Christopher C. Hodgson Vice President Marketing ' Eric T. Reaman Vice President-Estimating Edward F. Holmes Vice President Construction ' Richard H. Keough Marie L. McGah Vice President-Logistics Vice President-Administration & Human Resources/Secretary Erin L. Colliton Assistant Secretary IN WITNESS WHEREOF, the undersigned have executed this instrument to indicate their consent to the adoption of the foregoing resolutions and the taking of the above-referenced actions. L F ~ ' Dan Bucks Director Montana Department of Revenue NATGUN CORPORATION ' PO BOX 1691 HELENA, MT 59624 fl o f TnE s^ __-~_:.- - -yT yP O ~ O C~ ... ww ° -- ,d Brian Schweitzer Governor October 23, 2007 SOS Id: 000052419 Letter Id: L1339914752 Congratulations and welcome! The Montana Secretary of State has informed us that your business or organization has registered or qualified to do business in Montana on September 18, 2007. To keep your business or or^yaniz~tion's account current, please provide the information below to the department by either mailing your response to P.O. Box 5805, Helena, MT 59604-5805 or faxing to (406) 444-0750 within 30 days. CHECK MONTANA ENTITY TYPE MONTANA FORM RETURN DUE DATE TYPE 15th day of the 5th month C. Corporation CLT-4 following close of tax year 15th day of the 3rd month S. Corporation CLT-4S following close of tax year 15th day of the 4th month Partnership PR-1 following close of tax year Corresponds to owners federal Disregarded Entity DER-1 due date or August 31st 15th day of the 4th month Individual Form 2 following close of tax year An LLC or LLP must also select an entity type above corresponding to its federal election. Form 8832 election Based on Federal Form 8832 Limited Liability Company Type: classification election Form 8832 election Based on Federal Form 8832 Limited Liability Partnership Type: classification election Entity's filing name: Natgun Corporation FEIN: 04-2114562 Federal year-end: 5/31 Entity is included in combined or consolidated return? Y X N If yes, provide the following: Name of filing entity: Natgun Corporation FEIN: 04-2114562 Entity is a single owner electing to be treated as a disregarded entity? Y N~_ If yes, provide the following (i.e. Sole-proprietor filing a federal Schedule C or F; Qualified Subchapter S Subsidiary): Name of single owner: FEIN or SSN: Name and title of co tact person: l ~ Telephone Number ' da 781-224-5108 ' To learn more n ut your~usiness ~ organiza~io~i's reporting requirements or obtain tax forms, contact our customers ice center or visit our website listed below. L Customer Service (406) 444-6900 • TDD (406) 444-2830 • www.mt.gov/revenue A Joint Venture (Each Joint Venture must sign.) By Joint Venturer Name: SEAL) (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 00300 Section 00300 -Page 9 of 9 N:\0417\055\SPECS\DIV 0\00300 bid_form.doc 8/25/2008 INfORMATION REQUIRED OF BIDDERS The Bidder shall furnish the following information as specified in the Instructions To Bidders. Failure to do so may render the Bid unresponsive and may result in°rejection of the Bid. Additional sheets as required maybe attached. 1. Contractor name and address: Natgun Corporation, 11 Teal Road, Wakefield, MA 01880 2. Contractor's telephone number: 781-246-1133 3. Names and titles of major officers of Contractor firm: Charles E. Crowley, President William F Crowley Executive Vice President Kenneth E. Johnson Vice President -Operations 4. Name of Contractor's representative who inspected the site: Joseph G. Manzi, Jr. Date of Inspection: September 8, 2008 5. Name, address and elephone number of surety company and agent who will .provide .required bonds on this contact: Western Surety Company, Eastern Insurance Group, 233 West Central Street Natick,. MA 01760 Frank J. Smith, .Executive Vice President - 800-333-7234, x1223 6. Bank reference. List the Bank name, Contact person, and telephone number: Sovereign Bank, Frances Mueller, Vice President, 617-234-9332 19 Pleasant Street Woburn MA 01801 9. Have you ever failed to complete any work awarded to you? No If so, where and why?: 10. 11 1 No Information Required of Bidders- 1 of 3 N:\0417\055\SPECS\DIV 0\00300a_Information Required of Bidders.doc Revised 6/19/03 Have you ever defaulted on a contract? No If so, where and why? Have you ever had any project terminated by the Owner? If so, where and why?: 12. Are you involved in any lawsuits or are any lawsuits pending at the present time? No If yes, give. the details: 13. Will you, upon .request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? : Yes 44. Bidders are required #o submit the following in#ormation with their bids: a) The information in Section 03330, Articles 1:03 and 1.04 herein pertaining to the prestressing equipment. and the Contractor qualifications. b) The name(s) of the .proposed resident .;project superintendent who will be in direct charge of the project for the full duration of the Contract. Attach a resume of the proposed resident project superintendent including a list and description of all prestressed concrete member projects, similarto this Project, 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. c) A list of at least 5 construction contracts completed by the Bidder during the last 5 years and the amount of the Contract on which the proposed qualifying prestressed concrete member system has been furnished and installed by the Contractor.. The list shall include projects the Bidder is currently working on along with the project name and completion date, and names, addresses, and the telephone numbers of the project owner representative most familiar with the details of the project. The list shall identify whether the Contractor or the name of the Subcontractor who completed the work on each of the following work elements for said projects. - Finite-Element Analysis of strand-stressed dame. - Concrete removal and Sandblast the exterior concrete surface to be repaired. - Galvanized strand floating anchor system to -dome ring installation. - Shotcrete covercoat applications. - Epoxy inject of hollow locations on the tanKwall: 15. 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: N/A Value: Information Required of Bidders - Z of 3 N:\0417\055\SPECS\DIV 0\00300a_Information Required of Bidders.doc Revised 6/19/03 Name: Value Name: Value: Name: Name: Value: Value: The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recital comprising this statement of Bidder's qualifications and other Information Required of Bidders. The undersigned further agrees that they will not bring suit in a court of law for any information that is furnished to Owner in good faith by said parties or persons responding to Owner's requests for information concerning Bidder's qualifications. Dated this fifth day Of September , 200$ Natgun Corporation Name of Bidd: By: ~l J s h G. Manzi, Jr. Tifil ,.o PrP~; r~Pnt - nnr PrP Tank SiP YTTI END OF INFORMATION REQUIRED OF BIDDERS Information Required of Bidders - 3 of 3 N:\0417\055\SPECS\DIV 0\00300a_Information Required of Bidders.doc Revised 6/19/03 CJ r NON-COLLUSION AFFIDAVIT (TO BE EXECUTED AND .PROVIDED W1TH $ID FORM) • STATE OF MONTANA ) SS COUNTY OF Gallatin 1 1 1 1 1 1 1 1 1 Joseph G. Manzi, Jr. ,being first duly sworn, deposes and says that he is vice President (sole owner, a partner, president, secretary, etc.) of Concrete Tank Services Natgun Corporation , 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 idding; that said Bidder has not in any manner, directly or .indirectly, sought by agreement., communica#ion, 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 otherfinancial interest with said Bidder in his general business. Signed: ph G. Manzi, Jr. Title: (SEAL) 1 1 Subscribed and sworn to before me this -f~i day day of ~epde.-.4~~ , 20 ~. _1 = ~ '_ _ - Notary Public - My Commission Expires Dec. 2fi, 2014 'Non-collusion Affidavit -Page 1 of 1 N:\0417\055\SPECS\DIV 0\00300b noncollu.doc 8/25/08 ' 1990 -Present 1980 -1990 0 1973 -1980 i. C Roy Twombley CTS Superintendent Professional Experience Natgun Corporation, Wakefield MA CTS Superintendent: responsible for executing CTS projects from contract award/assignment to completion within budget, in accordance with contract documents to assure a safe and quality project. Coordinate efforts with the Project Manager and CTS Director to address project needs and recommend solutions to resolve issues. Also responsible for field training of CTS Repair Apprentices and Technicians and ensure compliance with company construction procedures and safety policies. This position may find one working solo one day, applying carpentry, labor or mechanical skills to resolve an issue, to directing subcontractors and field crews the next day to close out a new tank project, and then still yet the next day running a crew executing a tank rehabilitation project that might include, coredrilling, restressing prestress wires, installing new pipe or a mixing system, cleaning and coating the exterior or interior, to resolving any number of other issues. Field Superintendent: responsible for executing projects in accordance with the contract documents and engineers shop drawings within budget and on schedule. Daily interaction and coordination with the Project Manager and Resident Engineer to provide updates and make recommendations as necessary to improve project performance. Carpenter Foreman: responsible for performing and supervising the completion of all work required throughout the phases of the tank building process. Also provided training to Carpenter Apprentices and non-company men during the course of the any given project. 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L GJ > O L ++ . L GJ O O O ~ ~ to 41 O O ~ ~ Z L GJ O L O Y a ~ Z ~ ~ Z 2 z v +-' ~° ~ i., tv o ~ a x w ~ } v *' '>>° +, cv o ~ a O °' w ~ L O N +~ In o ~ ~ a~ co' ~ v *'' >>~ ,., ro o ~ w a ~ C - Y C7 v R u ( 6 L Q Z ~ > B U v f 0 c..~ I O 0 0 ~ C fD L v i"~ v L v A ~ L ~ Io ~ > ~ u L u L L p ~ C G i-+ C L i-+ C ~L a U ra C C G L Y C L ~+ C 3 'C (O F+ L i+ O (O C C G it . +, L O p L ~ L, ~ O O ~ ~ O O O v O ~ c O c O C O O ~ O d tL O D U ~ '~' ~ U U Z d N U U to F- ~ U U~ d' N 7 Z Q1 (d a O O N EQUIPMENT LIST uantit Description & Capacity Net Value Condition 1 2001 Kenworth, 2 Axle Truck $40,000 Excellent 1 Steel Dia hra m Rollin Machine $500,000 ~ Excellent 4 Shotcrete Putzmeister Thomkatts 2050 Pum s $120,000 Excellent 2 Shotcrete Putzmeister Thomkatts 2045 Pum s $60,000 Excellent 3 Shotcrete Reed B50 Pum s $150,000 Excellent 1 Self Pro elled Electric Prestressin Unit $200,000 Excellent 1 Self-Pro elled Prestressin Unit $90,000 Excellent 1 Brake Resistance Prestressin Unit $50,000 Excellent 12 Prestressin Units $60,000 Excellent 20 Electronic Stressometers $75,000 Excellent 100 Generators $75,000 Good to Excellent 14 Box Stora e Trailers $52,000 Good 15 Lasers $38,000 Excellent 12 Transits $6,000 Excellent 6 Dia hra m Seamers $12,000 Excellent 16 Shorin Lowerin Winches $48,000 Excellent 3 Forklifts $65,000 Good 10 Tamms Pum s $30,000 Excellent NOTES: • Plus various small tools, including, but not limited to, roto hammers, rock drills, waterstop sealers and testers, drills, saws, vibrators, steel pipe wall braces, shoring braces, lifting hardware, and spreader beams. • All of the above equipment is in good to excellent working condition and is owned 100% by Natgun Corporation. • In addition to the above, Natgun plans to rent the following equipment: Cranes, manlifts, lulls, compressors, loaders Dated: November 14, 2006 'D N M M c00M~ O N r r U r r In _ i y 0 ~N U ~ a 0 ~OONN ~ C O r r 0) > Q ~ ~ C N ~ C N L11 ~ ~ L 5 °~ a ~ ~ ~~ ~ v U , ~ CJ ~ (/') ~ N N Y m ~'' .~' O N ~ ~ 'O O 'O O f- C ~ ~ '6 N ~ O i0 O X O X N U ~ i v c °~ L c m ~ ~ m ~ U v °-' z o ~ rn ~ ~ aJ ~ .~~ O ~ v aJ ~ s~ O u1 L O W ~ ~ C Z ~ ' t0 ~ C Z tp ~ O O = O ~ v ~ C O v o 0 C O u o 0 O ._ ~ w U v ~ ~ w~ ~ w cv ~ N ~ ro L O I v'f ~ ~ ~ v'f ~ ~ ~ W Z U am' n ~ d 1 U ~ CG U ~ ~ m U ~ ~ 'w Y/ ^ 'f~,l J ~ ~ ~ V C ~ ,~ ^~ ~ Y ~ •c.~ w ~ O O Y ro L ~--I E rl o . c E ~ ~ W ~ v °' c O z O z ; +~ > o _ ~ ~ L ++ N ~ ~ Z O ~ L O C1' ~ ~` O L Ol t UD 41 C L11 ('/) O fD to t0 ~ O N ~ Z ~ m O O ~ fD O L ~ ~ +•+ O Y `~ L ~ ++ I~ ~ z m ~ l"I ~ L Z to m r{ C1 C O = ` t ~ ~ O fC d. f9 ~ I~ ~ ~ O O ca U 00 ° ~ O O v 00 +? 3 , N + vv to ~ ~ N 0 3 rn ~ ~ +, c ~ o z ~ ~ ~ c Z m ~ ~ l0 c c C ~~-i O U~ f-O N a0 U ~ U l0 G~ r, U C U l0 CO ,~ U~ a W LL ~ ° ~ O O i- o W (~ ~ O ~ o v o o 0 .1~~~ ~ C Y O Z p ~ ~ ~ m Z W~ 'L ~ v ro c ~ v ~ '° o ~ . ~ Z o G N NO C ,Q ~ ~ ~~ i ~ ~ O N ++ C ~+ Z GJ Z z L ~ 4J 0 O ++ Q~ ~ ~ GJ ~ O G. Q v ~ a Z ~ GJ p O Q z L GJ p O Q ~ _ ~ G~ cd ~ C7 c ~a L m L L .~ ~ L v v v1 ~ v f6 ~ ~ a. D ~ ~ ~ v i v ~• L ~ - ~ O GI v i v +_~ i 4" ~~ E o 0 0 °+~' c a°JO c c 3 . ~ ~ °-° c c° fD tin +~ ,. o a O lO U U ~ m o v U Z ~ m~ u v z m~ ~ v~ r O O Z N f0 a O 0 0 N 'ONMM f6 O) M tf') O ONr-~ U r r l(') _ i i i _y OO~Od~'N U ~oONN ~ r r m > ¢ ~ ~ C N ~ C N L L J ~ _ ~ ~ a ~ ~ c'o ~ ~~ -~ c ~ O o ~ v ~ ~ ~ m x ~ > ~ _ ~ ~ N 4J ~ ~ bD i H O L H N M OJ w t 'O u ~ ~ ~ ~ f0 M W X O ~ ~ ~ ~ U p ~ .~ ~ J G1 ~ ~ °' N w~ W ~~ ~ ^~ ~ Vv a u C W ~ ~ ~ ~ F- i GJ ~ N ~ ~ ~ U ~ GJ > 'C p ~ ro t U `+- O Y u > O ~ O f°-~ c v ~ uNi m ~ ~ o W - ZI ¢ o° ~~ p c o ~ 'i 4J O (~Y Z ~ O ~ ~ Z o ~ +' ° ~ Q U ~ ~ }+ w Gl a-+ v O ? Z ~ ~ p Q V O ~ ~ U f9 U (0 L ,~ ~ ' c G ~L+ aL-+ ~cv d + ' ~ O C U C Q U ~ lD N N 3 Z N N O O N 'ONMM (9 a) M Ln O O N ~ r U ~ r r ~ ~ ~ M _ ~ ~N U O O O ~00NN ~ r r ~ ~ > Q ~ C O ~ C N LL1 ~ ~ L ~ a a~ ~~ y v v a U U • u • u • .~ ~ ~ ~ ~ N V) to v'I Y O Y C Y C Y C ~ H ~ ~ v +; +; +; +, L L L L U O V = (~ ~ U ~ O U O U O U O U ~ v ~ c I c I c I c O > > u~0 urn ~ ~ W Z Z Z Z IA `Id ^~ J ~ '1 ' ~ ~ ~ ~ G~ ~ ~ L •u "O ~ C X ~ ~ O m QQ !C ~ ° ~ 3 O tO o ?. 3 W ~ ~ ~ c v Z a ~ ~ 0 m V }' v v c ~. °' ¢ ~ o o v oo ,n 3 ~ 0 ~ ~ ~ v U ~ N ~ O t O N to N O 'O ~- O J i A N Y y W L l~ ~ Q O ~ rl ~' i ~ = Q O 3 to C o ~ N u~ ~ z ~ ~ ~ w c n ~ rn O , ~ U ~ ~ ~ a~ ~ ~ ,: i Q- 2 ~ U ~ O ? em u 111 ~ G1 O i ~ N Z ~ O v ~ v o t ra c rot ~ ~ a 4- m O m J ~ O ~ ~ O u 'd• H ~w U d• H vNi a Q o~o v o z t~ oo Y C W ID ~ O ~U ~ Y O O ~ ~ ~ O ~V~ ~ C ° C ~ O ° ~ 00 C ro O O i O O ~ iun ~ 00 ~~j. ~ Y 00 V} ~ p '~ C ~ ~ V} YZ Z O °' O *' to °O ~ L O Q c cv o O +., 0 }, o N +.+ F, ro ~ o O +-+ Q N C ~ ~--. N C to C O F- U N C a d ~ }' f° aO+ O *' ~ w C' OD ~ O ~ i • +v+ ~ ~ Y ~ ~ O C z - f0 w z ~ co o Q y O a ~ O ro ~ Q ca a ~ ~ ~ O Q (CO O ~ ~ O Q O ~ Z ~ IU Y U ~ ++ W U L ~ ++ (n +, U Y U ~ ~ ~ (~ ~-+ U y U ~ L ~ O Ul -~ Y U +-+ ~+ V -_ ~ t ~ ~ i •O t 4J i i GJ ~ 4- ~ i i .O J C ~ ~ .Q p • f O X o c c v a"' N ~ c c ~ O E .-a c c v *'' 3 O fD ~ c c s ~- G. O 0 c-1 0 U 0 U~ cv W ~ O U O U O O d ~ O U O U ~ Z M 0 U 0 GJ U ~' r N 7 Z N N a 0 O N BID BOND PENAL SUM FORM Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable. BIDDER (Name and Address): Natgtn CArporation ll Teal. Read, ~4kefi e]s3, MA 0180 SURETY (Name. acid Address of Principal Place of Business): [nl~stem St.~ty Car-a~ry Q~4 Sta~ty, 100 Newport Ave., Ext., 4th Floor, Qtrii~y, l~A 02269 OWNER (Name and Address): (qty of BozeRan 411 Fast Ni~irt, Bozsrar~, NII' 59715 BID Bid Due Date:- Sept. 9 2008 Project (Brief Description ~ncluding Location): ~ ~~ ~~ phi li t~Lj~- ~$~ $p~g.[~,1~t,~.~3 BOND Bond Number: N/A Date (Not later than Bid due date): t. 9 20~ Penal sum 1t7 A~rrnnt of ~ drrrti nt - ~ 1CP/ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalfby its authorized officer, agent, or repre'sentative_ BIDDER.. _ SURETY . (Seal (Seal) N3tQtrt Crrporaticn ) W tent Sir~ty C-ry Bidder's Name and Corporate Seal Surety's Name and Corporate Seal ' _ A (1 i 1 J nature and"i'itle - Presi ~ \ ~ _Q~ Attest: Signature and itle Marie L. McGah Secretary By: V~ uw~~ Signature and Title (Attach Power of Attorn Yotxl~~ Attest: / „GEC ~ ` Signature and Titl J 1~].T1S ,Jr At -;,. Note: Above addresses are to be used for giving required notice. , ., ~t Nlunt~a Res ~ ~ gait Bid Bond - 00430 -Page 1 of 2 N:~04171055~SPECSIDIV 0100430 bid bond c-430.doc 8/25/OS _ PENAL SUM FORM BID BAND Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable. BIDDER (Name and Address): ,~ SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Project (Brief Description Including Location): BOND Bond Number: Date (Not later than Bid due date): Penal sum (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER SURETY (Seal (Seal) Bidder's Name and Corporate Seal ) Surety's Name and Corporate Seal By. By. Signature and Title Signature and Title (Attach Power of Attorney) Attest: Attest: Signature and Title Signature and Title Note: Above addresses are to be used for giving required notice. Bid Bond - 00430 -Page 1 of 2 N:\0417\055\SPECS\DIV 0\00430 bid_bond c-430.doc 8/25/08 AL SUM FORM PEN L Bidder and :Surety, jointly .and severally, bind themselves, their heirs, executors, administrators, successors .and assigns to pay to Owner upon default of Bidder the penal sum set .forth on the face of this Bond. Payment of the penal sum is the extent of .Surety's liability. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required'by the Bidding Documents and any :performance .and payment bonds required by the Bidding Documents. This obligation shall be null and void if: 3.1. Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2. All Bids are rejected by Owner, or 3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, :consented. to by Surety when required by Paragraph 5 hereofj. 4. Payment under this Bond will be due and payable upon default by Bidder and .within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice .will.. be .given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 4. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, :offer, or proposal as applicable. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. Bid Bond - i704~S0 ; Race 2 of 2 N:\0417\055\SPECS\DIV 0\00430 bid_bond c-430.doc 8/25/08 NOTICE THE FOLLOWING BLANK SPACES 1N THE AGREEMENT AND BONDS ARE NOT TO BE 'FILLED IN BY THE BIDDER AT THE TIME OF SUBMITTING HIS PROPOSAL. THE AGREEMENT ANO BOND FORMS ARE INCLUDED AT THIS TIME TO FAMILIARIZE THE BIDDER WITH THE FORM OF AGREEMENT AND BONDS WHICH THE SUCCESSFUL BIDDER WILL BE REQUIRED TO EXECUTE. Agreement Notice -Page 1 of 1 N:\0417\055\SPECS\DIV 0\00500 Notice.rtf 8!25/08 SECTION 00500 AGREEMENT FORM THIS -AGREEMENT is dated as of the day of in the year 2008, (effective-date), by and between the City of Bozeman ..(hereinafter called OWNER) and (herenaftercalled CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter et 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 Projectfor which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Sourdough Water Tank `Rehabilitation ARTICLE 3 -ENGINEER 3.01 The Project has .been designed by: ±Morrison-Maerle, .Inc. 2880 Technology Blvd. West Bozeman, MT 59718 who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rigfits and .authority assigned to ENGINEER in the Contract Documents in connection with the comp etion of the Work in accordance with the Contract Documents. ARTICLE 4 -CONTRACT TIMES 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. 4.01 Tirne of the Essence 4.02 Days to Achieve Substantial Completion and Final Payment Agreement Form -.00500 -Page 1 of 8 N:\0417\055\SPECS\DIV 0\00500_agree.doc 8/25/08 A. Contract Time :for .all schedules shall run concurrently :under on Notice to Proceed. The Work will be ubstantially complete within 60 calendar days after the date when the 'Contract Time commences `to run as ::provided in paragraph 2.03 of the General Conditions, -:and will 'be complete and ready .for. final ..payment in accordance with ,paragraph 1:4.07 of the General Conditions within 90 calendar days after he date when the Contract Time commences to run. 4.03 Liquidated .Damages A. CONTRACTOR and OWNER .recognize that time is of the<essence of this Agreement and what OWNER will duffer financial loss 'if the Work is not completed within the -times .specified in paragraph 4.02 above, plus any :extensions whereof 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 #ime. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR :agree that .as liquidated damages #or :delay (but not as a penalty), CONTRACTOR shall ;pay OWNER Five Hundred Do tars 500.00 for each day that expires .after the .time .specified in paragraph 4.02 for Substantial Completion until the Work is substantially .complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof ,granted by OWNER, CONTRACTOR shall pay OWNER Five Hundred Dollars 500.00 for each day that expires afterthetime pecified in paragraph 4.02 for completion-and readiness for final payment until he Work is completed and ready for final .payment. B. Liquidated damages for unscheduled :employment of the ENGINEER shall be paid by the CONTRACTOR towhe 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 .dollars. ($ ), based on the prices stipulated in the Bid Form and subject to adjustment as provided in the Contract:Documents. A. As provided in paragraph .11.01 of the General Conditions, CONTRACTOR agrees that lump sum amount(s) constitute full payment for the work and that these lump sum amount(s) represent a true. measure of the labor and materials required to perform the work, including all allowances for overhead, profit, taxes, bonds, insurance, and all other costs for each type and unite 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,. Agreement Form - 00500 -Page 2 of 8 N;\0417\055\SPECS\DIV 0\00500_agree.doc 8/25/08 ' ARTICLE 6 -PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit A lications for Pa merit in accordance with pp Y Article 14 of the General Conditions. Applications for :''Payment will be processed by ENGINEER as :provided in the General Conditions or other portions of the Contract Documents. . ' 6.02 Progress Payments; Retainage A. OWNER shall :make ,progress ..payments in accordance with Article 14 of the General Conditions on account of the Contract Price on the .basis of CONTRACTOR's Applications for Payment as recommended by the ENGINEER once each month during performance of the Work as ,provided in paragraphs 6.02.A.1 .and 6.02.A.2 below. .All such progress payments will be measured :by :the schedule of values established in paragraph 2.05.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 #or 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 maywithhold, including :but nof, invited to liquidated damages, in accordance with paragraph 14.02 of the General Conditions: a. The OWNER shall retain 5% of he 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 ubstantial 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 1..00% 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 Agreement Form - 00500 -Page 3 4f 8 N:\0417\055\SPECS\DIV 0\00500 agree.doc 8/25/08 1 , A. U on final com letion and acceptance of the Work in accordance with P P paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price.<as recommended by ENGtNEER as=provided in said :paragraph 14.07. B. Lien releases shall be required in accordance with SC-14.07A for all :project materials and equipment, from subcontractors and uppfiers and any other ' related vendors and subcontractors before final .payment is made to Contractor. ARTtGLE 7 -INTEREST , 7.01 All .moneys not :paid when due as provided in Article 14 of the General Conditions t - aw rate allowed by and Supplementary Conditions shall bear interest at the maximum at the .place of the'Project. ARTICLE 8 - CONTRACTO.R'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 affecf cost, progress, performance, and furnishing of the Work. D. CONTRACTOR has carefully studied aIL• - (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 m 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 #or 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, ' Agreement Form - 00500 -Page 4 of 8 N:\0417\055\SPECS\DIV 0\00500_agree.doc 8/25/08 investigations, explorations, tests, studies, and data concerning conditions (surface, r 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 :Pace, within the Contract Times, and in ' accordance with the. other erms 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 forperformance and furnishing of the Work. ARTICLE 9 -CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist-of the following: This Agreement (pages 1 to 8,-inclusive).; 2. Performance Bond (pages 1 to 2,:,inclusive); 3. Payment Bond (pages 1 to 2, .inclusive); 4. Other Bonds (pages to ,inclusive); a. Bid Bond (pages 1 to 2, inclusive); b. (pages to ,inclusive); Agreement Form - 00500 -.:Page 5 of 8 N:\0417\055\SPECS\DIV 0\00500_agree:doc 8/25/08 c. (pages to ,inclusive); 5. General Conditions `(pages 1 to 44, <inclusive); 6. Supplementary Conditions (pages 1 to 15, inclusive).; 7. 8. Specifications as isted in the Table of Contents of the Project Manual; 9. Drawings consisting of a cover sheet and sheets numbered °1 through 2, inclusive, with each sheet bearing the following general title: Sourdough Water Tank. Rehabilitation - 2D08. 10. Addenda (numbers to , .inclusive); 11. 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. lnformation :Required of 'Bidders documentation submitted by CONTRACTOR prior to 'Notice of Award (pages 1 to 4 , :inclusive); d. , 12. 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. Agreemenf Form - 00500 -Page 6 of 8 N:\0417\055\SPECS\DIV 0\00500_agree.doc 8/25/08 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 parry 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 un ess specifically stated o the contrary in any written consent to an assignment, no assignment will release or-discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract :Documents. 10.04 Severability A. Any provision or .part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract. Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable_provision that comes as .close as possible to expressing the intention of the stricken provision. 10.05 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." Agreement Form - 00500 -Page 7 of 8 N:\0417\055\SPECS\DIV 0\00500_agree.doc 8/25/08 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five (5) copies of this Agreement. Two (2) :counterparts have been ..delivered to OWNER, two (2) to CONTRACTOR, :and one (1) to ENGINEER. All ,.;portions of the Contract Documents-have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on heir behalf. This Agreement wil be effective on the date shown on page 1 (which is the Effective Date of the Agreement). OWNER: By; (Signature) Attest (Signature) Address for giving notices: Phone: Facsimile: [CORPORATE SEAL] CONTRACTOR: By: Attest (Signature) {Signature) Address for giving notices: Phone.: Facsimile: [CORPORATE SEAL] Montana Contractors' Registration No The foregoing Contract, including all Contract Documents which are a part thereof, is in due form according to the -law, and is hereby=approved. By: (Signature) Attorney of the City of Bozeman (Owner) END OF SECTION 00500 Agreement Form - 00500 -Page 8 of 8 N:\0417\055\SPECS\DIV 0\00500_agree.doc 8/25!08 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. I ~ CONTRACTOR (Name and Address): I' OWNER (Name and Address): ' CONTRACT Date: Amount: ' Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms 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 SURETY ,Company: Signature: _ Name and Title: (Seal) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach. Power of Attorney) Attest: Signature and Title SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: (Seal) (Seal) :Signature and Title: EJCDC No. C-610 (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, and the American Institute of Architects. Performance Bond - 00610 -Page 1 of 2 N:\0417\055\SPECS\DIV 0\00615 perf.bond_c-610.doc ' 8/25/08 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 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 considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days .after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declaze a Contractor Default; and 3.2. Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received noticeas providedin Paragraph 3.1;and 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepazed for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety-equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain anew contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is detemrined, tender payment therefor to Owner; or 2. Deny liability 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 under this Bond, and Owner shall be entitled 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 liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. FOR INFORMATION ONLY -Name, Address and Telephone Surety Agency or Broker Owner's Representative (engineer or other party) 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amountof 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 by delayed performance or non- performance. of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated 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 equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part ofthe'Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two yeazs after Surety refuses'; or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been famished 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. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by Oyvner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 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 been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. Performance Bond - 00610 -Page 2 of 2 N:\0417\055\SPECS\DIV 0\00615 perf.bond_c-610.doc 8/25/08 I~ i~ PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. I ~ CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT ' Date: Amount: Description (Name and Location): BOND Bond Number: ' Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY. (Name and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause. this Payment Bond to be duly executed on its behalf by its .authorized officer,. agent, or representative. CONTRACTOR AS PRINCIPAL `SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal i~ (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title:. (Seal) (Seal) By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title SURETY Surety's Name and Corporate 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. Payment Bond - 00615 -Page 1 of 2 N:\0417\055\SPECS\DIV 0\00610 pay.bond_c-615.doc 8/25/08 ill 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 famished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1. Promptly makes ,payment, directly or indirectly, 'for -all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, iens, or suits alleging non-payment by Contractor by any person or entity who famished labor, materials, or equipment. for use in the performance of the Contract, provided Ovw~er has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Pazagraph 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 famished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last famished 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 famishing 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 Pazagraph 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 aze undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of'this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. ' 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract aze 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 aze 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, pwchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in .which the Work or part of the Work is located or after the expiration of one yeaz 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. ff the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. Wherrthis Bond has been famished 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 appeazing to be a potential beneficiary of this Bond, Contractor shall promptly famish 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 afirst-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, azchitectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were famished. 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. C! i 1 FOR INFORMATION ONLY -Name, Address. and Telephone Surety Agency or Broker: Owner's Representative: (engineer or other party): Payment Bond - 00615 -Page 2 of 2 N:\0417\055\SPECS\DIV 0\00610 pay.bond_c-615.doc 8/25/08 ii 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 particulaz circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepazed by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By National SocFety of ~~~~ American Society Pmfe~ssFana/ En~i»~ers of Civi(Fngineers Air,a~rGnwQ,acnvae.aekar~:rnmuxrur.Co.,ir,~wiss ;rf~IORB~~l1PBt$~-~f~f7tBP/8 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 ~~ ure En+ironr~M Construction Specifications Institute Standard General Conditions of the Construction Contract - 00700 -Page 1 of 44 H:\CORPORATEIRJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 NOTE: Deletions from the Standard EJCDC General Conditions are shown by stril£eent. ' Additions to the Standard EJCDC General Conditions are Underlined. Adaptation of Standard General Conditions prepared by 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 1 1 Standard General Conditions of the Construction Contract - 00700 -Page 2 of 44 , H:\CORPORATE\RJ MIWORDP\ejcdc\C-700.std.gen. cond.doc 2/17/2005 TABLE OF CONTENTS ' ARTICL Paee E 1 -DEFINITIONS AND TERMINOLOGY ..............................................................................................................6 1.01 Defined Terms ..............................................................................................................................................................6 1.02 Terminology .................................................................................................................................................................8 ARTICLE 2 -PRELIMINARY MATTERS ...............................................................................................................................9 2.01 2.02 Delivery of Bonds and Evidence of Insurance ............................:...............................................................................9 Copies of Documents ..................................................................................................................................................9 2.03 2.04 Commencement of Contract Times; Notice to Proceed ...............................................................................................9 Starting the Work .........................................................................................................................................................9 2.05 Before Starting Construction .......................................................................................................................................9 2.06 Preconstruction Conference ......................................................................................................................................10 2.07 Initial Acceptance of Schedules .................................................................................................................................10 ' ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ......................................................................10 3.01 Intent ..........................................................................................................................................................................10 ' 3.02 3.03 Reference Standards ..................................................................................................................................................10 Reporting and Resolving Discrepancies ....................................................................................................................11 3.04 Amending and Supplementing Contract Documents .................................................................................................. l l 3.05 Reuse of Documents ...................................................................................................................................................11 ' 3.06 Electronic Data .......................................................................................................................................................... l l ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRO NMENTAL CONDITIONS; REFERENCE POINTS ................................................................................................12 4.01 Availability of Lands ..................................................................................................................................................12 4.02 Subsurface and Physical Conditions ..........................................................................................................................12 ' 4.03 Deering Subsurface or Physical Conditions ............................................................................................................12 4.04 Underground Facilities ..............................................................................................................................................13 4.05 Reference Points ........................................................................................................................................................14 4.06 Hazardous Environmental Condition at Site .............................................................................................................14 ' ARTICLE 5 -BONDS AND INSURANCE .............................................................................................................................15 5.01 Performance, Payment, and Other Bonds ..................................................................................................................15 ' 5.02 5.03 Licensed Sureties and Insurers ..................................................................................................................................15 Cert~cates oflnsurance ............................................................................................................................................15 5.04 Contractor's Liability Insurance ...............................................................................................................................16 5.05 Owner's Liability Insurance ......................................................................................................................................17 5.06 5.07 Property Insurance -Purchased by Contractor ........................................................................................................17 Waiver of Rights .........................................................................................................................................................18 5.08 Receipt and Application of Insurance Proceeds ........................................................................................................18 5.09 Acceptance of Bonds and Insurance; Option to Replace ...........................................................................................19 5.10 Partial Utilization, Acknowledgment of Property Insurer .........................................................................................19 ' ARTICL E 6 -CONTRACTOR'S RESPONSIBILITIES ..........................................................................................................19 6.01 Supervision and Superintendence ..............................................................................................................................19 ' 6.02 6.03 Labor; Working Hours ...............................................................................................................................................19 Services, Materials, and Equipment ..........................................................................................................................19 6.04 Progress Schedule ......................................................................................................................................................20 ' 6.05 6.06 6.07 Substitutes and "Or-Equals" .....................................................................................................................................20 Concerning Subcontractors, Suppliers, and Others ...................................................................................................21 Patent Fees and Royalties ..........................................................................................................................................22 6.08 Permits .......................................................................................................................................................................22 6.09 Laws and Regulations ................................................................................................................................................22 ' 6.10 6.11 Taxes .......................................................................................................................................................................... 23 Use of Site and Other Areas .......................................................................................................................................23 6.12 Record Documents .....................................................................................................................................................23 6.13 Safety and Protection .................................................................................................................................................23 6.14 Safety Representative .................................................................................................................................................24 6.15 Hazard Communication Programs ............................................................................................................................24 6.16 Emergencies ...............................................................................................................................................................25 ' 6.17 Shop Drawings and Samples .....................................................................................................................................25 Standard General Conditions of the Construction Contract - 00700 -Page 3 of 44 H:\CORPORATE\RJM\WORDP\ejcd c\C-700.std.gen. cond.doc 2/17/2005 6.18 Continuing the Work ..................................................................................................................... 6.19 Contractor's General Warranty and Guarantee ........................................................................... .............................26 .............................26 , 6.20 Indemnification ............................................................................................................................. .............................26 6.21 Delegation of Professional Design Services ................................................................................. .................:...........27 ARTICLE 7 -OTHER WORK AT THE SITE ..................................................................:......................... ....................................................................... rk at Site t d W 01 R l 7 .............................27 ..............................27 ' ............................................. e a e o . 7.02 Coordination ...........................:.................................................................................................... ......:.......................28 28 7.03 Legal Relationships ...................................................................................................................... .............................. 28 ARTICLE 8 - OWNER'S RESPONSIBILITIES ........................................................................................ ....................... : .............................. ..............................28 ........ 8.01 Communications to Contractor .................................................................... ' 8.02 Replacement of Engineer .............................................................................:............................... ..............................28 28 8.03 Furnish Data ................................................................................................................................ 8.04 Pay When Due ............................................................................................................................. .............................. ..............................28 28 ' 8.05 Lands and Easements; Reports and Tests ....................................................:............................... .............................. 8.06 Insurance ..................................................................................................................................... ..............................28 28 8.07 Change Orders ............................................................................................................................. 8.08 Inspections, Tests, and Approvals ................................................................................................ .............................. ..............................28 , 8.09 Limitations on Owner's Responsibilities ..................................................................................... ..............................28 8.10 Undisclosed Hazardous Environmental Condition ..................................................................... ...............................28 8.11 Evidence of Financial Arrangements ...........................................................:.............................. ENGINEER'S STATUS DURING CONSTRUCTION ...................................................... LE 9 ...............................29 ...............................29 - ARTIC 9.01 Owner's Representative .............................................................................................................. ...............................29 .29 9.02 Visits to Site ................................................................................................................................ .............................. 29 9.03 Project Representative ................................................................................................................ ............................................................... tions in Work d V i h i 04 A 9 ............................... ...............................29 ' .................................... ar a or ze ut . 9.05 Rejecting Defective Work ............................................................................................................ ...............................29 9.06 Shop Drawings, Change Orders and Payments .......................................................................... ...............................29 9.07 Determinations for Unit Price Work ........................................................................................... k W bili ...............................30 .....30 ........................ or ty of 9.08 Decisions on Requirements of Contract Documents and Accepta .......................... 9.09 Limitations on Engineer's Authority and Responsibilities .......................................................... ...............................30 ARTICLE 10 -CHANGES IN THE WORK; CLAIMS ............................................................................ es in the Work ............................................................................................ 01 Authorized Chan 10 ...............................30 ...............................30 ' g . 10.02 Unauthorized Changes in the Work ....................................................................................... ................................31 •10.03 Execution of Change Orders .................................................................................................. ................................31 10.04 Noti rcation to Sure f .ty ............................................................................................................. ........ 05 Claims 10 31 ................................31 , .......... . 32 ARTICLE 11 -COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK .................................. ................................ 11.01 Cost of the Work .................................................................................................................... ................................32 11.02 Allowances ............................................................................................................................. ......................................................................... it Price Work 03 U 11 ................................33 ................................33 ' ............................................ n . 34 ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ..................... ................................ 12.01 Change of Contract Price ...................................................................................................... 12.02 Change of Contract Times ..................................................................................................... ................................34 ................................35 ' 12.03 Delays ...........................................................................................................................................:........................35 ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ....................................................................................................................................................... 01 Notice of Defects ................................................................................................................:... 13 ................................35 ................................35 , . 35 13.02 Access to Work ....................................................................................................................... ................................ 35 13.03 Tests and Inspections ............................................................................................................ ................................. 36 13.04 Uncovering Work .................................................................................................................. ...................... W k h ................................. .................................36 ' .............................................................................. or e 13.05 Owner May Stop t 13.06 Correction or Removal of Defective Work ............................................................................ .................................36 13.07 Correction Period ................................................................................................................. .................................36 13.08 Acceptance of Defective Work .............................................................................................. .................................37 ...........37 13.09 Owner May Correct Defective Work ..................................................................................... ...................... ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION ............................................. .................................38 14.01 Schedule of Values ................................................................................................................ 14.02 Progress Payments ................................................................................................................ .................................38 .................................38 ' ..........40 s Warranty of Title ............................................................................................. 14.03 Contractor ....................... 14.04 Substantial Completion ......................................................................................................... .................................40 14.05 Partial Utilization ................................................................................................................. .................................40 Standard General Conditions of the Construction Contract - 00700 -Page 4 of 44 H:\CORPORATEIRJM\WORDP\ejcd c\C-700.std.gen. cond.doc 2/17/2005 14.06 Final Inspection ..................................................................................................................................................... 41 ' ' ' 14.07 Final Payment ........................................................................................................................................................ 14.08 Final Completion Delayed ..................................................................................................................................... 14.09 Waiver of Claims ..................................................................................................................................................: ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION ......................................................................................... 15.01 Owner May Suspend Work ..................................................................................................................................... 15.02 Owner May Terminate for Cause ........................................................................................................................... 15:03 Owner May Terminate For Convenience ............................................................................................................... 15.04 Contractor May Stop Work or Terminate ...................................................:.......................................................... ARTICLE 16 -DISPUTE RESOLUTION ................................................................................................................................ 16.01 Methods and Procedures ......................................................................:................................................................ ARTICLE 17 -MISCELLANEOUS .........................................................................:........:...................................................... 41 42 42 42 42 42 43 43 44 44 44 ' 17.01 17.02 17.03 Giving Notice ......................................................................................................................................................... Computation of Times ............................................................................................................................................ Cumulative Remedies ............................................................................................................................................. 44 44 44 ' 17.04 17.05 17.06 Survival of Obligations .......................................................................................................................................... Controlling Law ..................................................................................................................................................... Headings ................................................................................................................................................................ 44 44 44 u 1 fTHE REST OF THIS PAGE INTENTIONALLY LEFT BLANK,] ' Standard General Conditions of the Construction Contract - 00700 -Page 5 of 44 H:\CORPORATE\RJMIWORDP\ejcdc\C-700 std. gen.cond.doc 2/17/2005 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 defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement--The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. The definition of the word "Contract" is synonymous with the word "Agreement" and is used interchangeably in the Contract Documents. 3. Application for Payment--The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or fmal payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder--The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order--A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, ox 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 aze 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 (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor--The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work--See Paragraph 11.O1.A for defmition. 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. Standard General Conditions of the Construction Contract - 00700 -Page 6 of 44 H:\CORPORATE\RJM\WORDP\ejcd c\C-700.std.gen.cond.doc 2/17/2005 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 20. Engineer's Consultant--An individual or entity havine a contract with Engineer to furnish services as Eneineer's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions 21. 2& 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. ~ General Requirements--Sections of Division 1 of the ..Specifications. The General Requirements pertain to all sections of the Specifications. 23. ~? 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. 2-3: Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. 24-. Laws and Regulations; Laws or Regulations--Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 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. ~ 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. ~ Owner--The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization--Use by Owner of a substantially completed Hart of the Work for the purpose for which it is intended (or a related purposeZ rip or to Substantial Completion of all the Work. 32. ~ PCBs--Polychlorinated biphenyls. 33. 3-l- 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. 34.3 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. ~ Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 36.34- Project Manual--The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 37. ~ 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. ~ 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. 40.38. 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. 3~ 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. 42.4 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. ' Standard General Conditions of the Construction Contract - 00700 -Page 7 of 44 H:ICORPORATEIRJM\WORDP\ejcdc\C-700.std.gen. cond.doc 2/17/2005 43. 4~ 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. 4~ 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. 4?r. 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. 4~ Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 48. 4~ 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. 48: 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. 51.4 Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 52. ~ Unit Price Work--Work to be paid for on the basis of unit prices. 53. ~1- Work--The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 54. 3~: Work Change Directive--A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined 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 effector import to authorize an exercise of professional judgment by Engineer. In addition, the .~ ,~ z~ ,> 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 use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. Standard General Conditions of the Construction Contract - 00700 -Page 8 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700 std.gen.cond.doc 2/17/2005 ii 0 L~I ~~ J 1 r n 1 ', 1 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 inspectign, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases which have awell-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 -PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before Owner will execute the Agreement, and before any Work at the Site is started, Contractor ~ shall each-deliver to Owner tl3e-ether, 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 is required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or -;hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. Following; the execution of the Agreement by the Owner and the Contractor, written Notice to Proceed with the Work shall be ivg en by the Owner to the Contractor. The Contract Times will commence to run on the °z-'£^ "T^';^° `° D-'°^°°a : ~'~-° 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. lr} ne e~eat will the Ee~aet 'was .. ~ ;t,vr 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 Standard General Conditions of the Construction Contract - 00700 -Page 9 of 44 H:\CORPORATE\RJMIWORDP\ejcdc\C-700 std.gen. cond.doc 2/17/2005 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 preliminarylist of construction equipment with hourly rates owned or rented by the Contractor and all Subcontractors that will be used in the performance of the Work The equipment list will include information necessary to confirm the hourly rates in accordance with paragraph 11 OlA 5 c of these General Goriditions 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 n n« t + t n a t.oc t. ,.o «we s:..~+ ~L'QOCV1~Ixsnlwr-arla--yaxyx nrrY^Cw to + c « t.•t•+. + >;..,.;.,oo,. ~ .;aea ~1 +t, 1, a 1 w '++ a .7.+-.tee ..:«h v t, ~ nc n r «...,.«,.....t,.,n t,.u aa:«:,..,..t t o r a t. •+ «t, t, a t t.r .,« .,t..,n t.e ca'hrrc~c[vrxxrrcxxc r a r xx,~-Ee~trastetil acceptable sshe~les-aie A Prior to the first application for payment all schedules and documents identified in paragraph 2.OS.A of these General Conditions shall be finalized and acceptable to the Engineer and Owner. No progress ~ayment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner_ as provided below Acceptance of these schedules and documents by either Engineer or .Owner will neither impose on Engineer or Owner responsibility for the sequencingLscheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor's full responsibility therefore.. 1. The Progress Schedule will be acceptable to Engineer and Owner if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer and Owner responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. 4 Contractor's Schedule of Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11 O1 A 5 c of these General Conditions. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all.. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that 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. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. Standard General Conditions of the Construction Contract - 00700 -Page 10 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 ii n r-~ ~~ u l ~1 1 i 2. No provision of any such standazd, 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 n 0 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall cazefully 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, en•or, 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.I7.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 thereof) 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 final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. 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 Standard General Conditions of the Construction Contract - 00700 -Page 11 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for .easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. D If it is necessary or desirable that the Contractor use land outside of the Owner's easement or r~ht-of--way the Contractor shall obtain written consent from the propertyowner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men tools, equipment, construction materials or with materials excavated from the site an~ private -property outside the desienated construction easement boundaries or right-of-way without written permission from the property owner and tenant. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that 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 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, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 D ffering Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition at or contiguous to the 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 I~~ 7 u ii 7 I~ Standard General Conditions of the Construction Contract - 00700 -Page 12 of 44 H:\CORPORATE\RJ M\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 L i 7 l 1 i 1 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 ordinazily 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 Pazagraph 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 khysical 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 aze 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 any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times i£ a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, 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 chazges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated.• The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all. of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated ' Standard General Conditions of the Construction Contract - 00700 -Page 13 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen. cond.doc 2/17/2005 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 Clairn 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 shalt 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. 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, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor :interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, oi• anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. 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 4.06 Hazardous Environmental Condition at Site related thereto and delivered to Contractor written notice: A. Reports and Drawings: Reference is made to (i) specifying that such condition and any affected area is the Supplementary Conditions for the identification of or has been rendered safe for the resumption of Work; or those reports and drawings relating to a Hazardous (ii) specifying any special conditions under which such Environmental Condition identified at the Site, if any, that Work may be resumed safely. If Owner and Contractor have been utilized by the Engineer in the preparation of cannot agree as to entitlement to or on the amount or the Contract Documents. 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 Standard General Conditions of the Construction Contract - 00700 -Page 14 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen. cond.doc 2/17/2005 1 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 ax-y, 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 Pazagraph 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 chazges of engineers, architects, attorneys, and other professionals and all court or azbitration or other dispute resolution costs) aiising out of or relating to a Hazazdous Environmental Condition, provided that such Hazazdous 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 chazges of engineers, azchitects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazazdous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 -BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall famish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year. after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the 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 by_an agent must have a Power of Attorney form attached to the Bond. C. If the surety on any bond famished by Contractor is declazed 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 Pazagraph S.OLB, Contractor shall promptly nofify 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 S.O1.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 Cert~cates 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. Standard General Conditions of the Construction Contract _ 00700 -Page 15 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 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 B An Authorized R~resentative of the insurance co~any for the Contractor shall review the ~ecified insurance requirements of Article 5 and shall provide 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 minimumtprovided the insurance coverage as reauired by Article 5. C All insurance required to be provided under Article 5 shall be written in such a manner as to afford primary insurance coverage (as opposed to excess or secondary coveragl 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 being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 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 Policy purchased by Contractor will provide that the definition of bodily iniurv will include claims for mental aneuish. 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 ~' ^~ ~~~^^~' "^~~'~*~~` Owner and Engineer, Engineer's Consultants and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages against Contractor because of bodily injury, property damage, occupational sickness, accident or disease, or death of or to Contractor's employees; 3. claims for damages because of bodily injury, sickness, e~ disease, property 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. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 38 fo -five 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~eriod of at least antil one year following fmal payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and Standard General Conditions of the Construction Contract - 00700 -Page 16 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 ii IJI J ~~ n 0 i ~1 J~ I~ J 7. with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least twe 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 thisprovision 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 by Contractor A. Unless otherwise provided in the Supplementary Conditions, 9wne~ 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 a~-least include insurance for physical loss or damage to the Work, including machinery and testing 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 «,,.,« ..,.,~ .,,.nova «„ ;,, ....a«;,,.. w., n..mo,. 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 occu~ancy 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 final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 38 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. E: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained by 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 ~8 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 com~aany shall complywith the requirements of paragraph 5.02 and the Supplementary Conditions. E. D. 9w~rter ..n ,.« ,.e ~:,.,e f . ~,...«....,.«,... e..w,...,,«...,,.«,.«.. ,.«t,e....:., «t.e ~i~,..v «,. «t.e ~" .The risk of loss to the Work 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. ' Standard General Conditions of the Construction Contract - 00700 -Page 17 of 44 H:\CORPORATEIRJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 F. £: 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. Qualifications of the property insurance company shall be as specified in the Supplementary Conditions. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, a~ 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, and Contractor, Subcontractors, BnQineer, En ing eer's Consultants and all other persons or entities identified in the Sup~lementarv Conditions to be listed as insureds or additional insureds. under such policies 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, a~ 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, and Engineer, Engineer's Consultants, and the officers, directors, partners, employees,. agents, consultants and subcontractors of .each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, er 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 ^^~• ~~°~~~°a '^°s Losses insured under the policies of insurance required by Paragraphs 5.06 and SC- 5.06 that include Owner as a named insured will be adjusted with Owner and made payable to Owner as 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 ~ 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-€~siar}~ 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-~asiary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner ~ shall give bond for the proper performance of such duties. Arbitrators shall be chosen as provided in paraeranh 5.08.C. Owner shall in that case make settlement with the insurers in accordance with the direction of such arbitrators If distribution of the insurance proceeds by arbitration is required the arbitrators will direct such arbitration. C Arbitrators if required shall be selected in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. Standard General Conditions of the Construction Contract - 00700 -Page 18 of 44 H:\CORPORATE\RJ M\WORDP\ejcdc\C-700.std.gen. cond.doc 2/17/2005 0 r J 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 Pazagraph 2.O1.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 Pazagraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraphs 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 lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. Contractor shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent given after prior written notice to Engineer. Emergency work may be done without prior permission. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All 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. ' Standard General Conditions of the Construction Contract - 00700 -Page 19 of 44 H:\CORPORATEIRJ M\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 6.04 Progress Schedule a. in the exercise of reasonable judgment Engineer detennines that: A. Contractor shall adhere to the Progress 1) it is at least equal in materials of Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided construction, quality, durability, appearance, below. strength, and design chazacteristics; ' 1. Contractor shall submit to Engineer fer , +, ~ + ; ,,;,,,,+e,, D ,. ~ ~~~ ~ 2) it will reliably perform at least equally well the function and achieve the results t + , „ „ „ ~ r r with each application for payment an updated yrogress im osed b the desi conce t of the com leted p y ~ p p ' schedule reflecting the amount of work completed and Project as a functioning whole, proposed adjustments in the Progress Schedule that will 3) it has a proven record of performance not result in changing the Contract Times. Such and availability of responsive service; and ' adjustments will comply with any provisions of the - General Requirements applicable thereto. b. Contractor certifies that, if approved and 2 Until the dated schedules. are submitted to incorporated into the. Work: and accttable to Engineer and Owner, Owner may 1) there will be no increase in cost to withhold an amount from a___pro rg ess~ayment that is the Owner or increase in Contract Times, and pay the direct expenses that Owner may sufficient to _ reasonably effect will be necessary to correct any 2) it will conform substantially to the ' problems based on Contractor's failure to submit detailed requirements of the item named in the acceptable updated schedules Review and acceptance of Contract Documents. progress schedules by the Engineer will neither impose on Engineer responsibility for the seauencinQ schedulme or 2. Substitute Items progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefore. a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor 3. 2: Proposed adjustments in the Progress does not qualify as an "or-equal" item under ' Schedule that will change the Contract Times shall be Paragraph 6:OS.A.1, it will be considered a submitted in accordance with the requirements of Article proposed substitute item. 12. Adjustments in Contract Times may only be made by Contractor shall submit sufficient information b a Change Order. . as provided below to allow Engineer to 6.05 Substitutes and "Or-Equals" determine that the item of material or equipment proposed is essentially equivalent to that named A. Whenever an item of material or equipment is and an acceptable substitute therefore. Requests , specified or described in the Contract Documents by for review of proposed substitute items of using the name of a proprietary item or the name of a material or equipment will not be accepted by particulaz Supplier, the specification or description is Engineer from anyone other than Contractor. intended to establish the type, function, appearance, and The requirements for review by Engineer will c , quality required. Unless the specification or description contains or is followed by words reading that no like, . be as set forth in Paragraph 6.OS.A.2.d, as equivalent, or "or-equal" item or no substitution is supplemented in the General Requirements and permitted, other items of material or equipment or as Engineer may decide is appropriate under the ' material or. equipment of other Suppliers may be circumstances. submitted to Engineer for review under the circumstances d. Contractor shall make written application to described below. Engineer for review of a proposed substitute item ' 1. "Or-Equal " Items: If in Engineers sole of material or equipment that Contractor seeks to discretion an item of material or equipment proposed by furnish or use. The application: Contractor is functionally equal to that named and 1) shall certify that the proposed ' sufficiently similaz so that no change in related Work will substitute item will: be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the a) perform adequately the functions and proposed item may, in Engineer's sole discretion, be achieve the results called for by the , accomplished without compliance with some or all of the general design, requirements for approval of proposed substitute items. d b be similar in substance to that ) For the purposes of this Paragraph 6.OS.A.1, a propose item of material or equipment will be considered specified, and , functionally equal to an item so named i£ c) be suited to the same use as that specified; Standard General Conditions of the Construction Contract - 00700 -Page 20 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen. cond.doc 2/17/2005 _ 2) will state: n 1 C~~~ 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; 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 Pazagraphs 6.OS.A.2 and 6.OS.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. Pavment for such evaluation and redesign shall be made at the hourly rates specified in the Bid Form and made by deduction from the monthlyproQress payments and the fmal ~ayment 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 4) and shall contain an itemized estimate of all costs or credits that will result A. Contractor shall not employ .any directly or indirectly from use of such substitute Subcontractor, Supplier, or other individual or entity item, including costs of redesign and claims of (including those acceptable to Owner as indicated in other contractors affected by any resulting Paragraph 6.06.B), whether initially or as a replacement, change, against whom Owner may have reasonable objection. Contractor shall not be required to employ any B. Substitute Construction Methods or Subcontractor, Supplier, or other individual or entity to Procedures: If a specific means, method, technique, furnish or perform any of the Work against whom sequence, or procedure of construction is expressly Contractor has reasonable objection. required by the Contract Documents, Contractor may B. If the Supplementary Conditions require the furnish or utilize a substitute means, method, technique, identity of certain Subcontractors, Suppliers, or other sequence, or procedure of construction approved by individuals or entities to be submitted to Owner in Engineer. Contractor shall submit sufficient information advance for acceptance by Owner by a specified date to allow Engineer, in Engineer's sole discretion, to prior to the Effective Date of the Agreement, and if detennine that the substitute proposed is equivalent to that Contractor has submitted a list thereof in accordance with expressly called for by the Contract Documents. The the Supplementary Conditions, Owner's acceptance requirements for review by Engineer will be similar to (either in writing or by failing to make written objection those provided in Pazagraph 6.OS.A.2. thereto by the date indicated for acceptance or objection C. Engineer's Evaluation: Engineer will be in the Bidding Documents or the Contract Documents) of allowed a reasonable time within which to evaluate each any such Subcontractor, Supplier, or other individual or proposal or submittal made pursuant to Paragraphs 6.OS.A entity so identified may be revoked on the basis of and 6.OS.B. Engineer may require Contractor to furnish reasonable objection after due investigation. Contractor additional data about the proposed substitute item. shall submit an acceptable replacement for the rejected Engineer will be the sole judge of acceptability. No or Subcontractor, Supplier, or other individual or entity, and equal" or substitute will be ordered installed or utilized the Contract Price will be adjusted by the difference in the , until Engineer's review is complete which will be cost occasioned by such replacement, and an appropriate , evidenced by either a Change Order for a substitute or an Change Order will be issued. No acceptance by Owner of approved Shop Drawing for an "or equal." Engineer will any such Subcontractor, Supplier, or other individual or advise Contractor in writing of any negative entity, whether initially or as a replacement, shall determination constitute a waiver of any right of Owner or Engineer to . reject defective Work. Standard General Conditions of the Construction Contract - 00700 -Page 21 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 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 -inn the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. Owner or Engineer may furnish to any such Subcontractor Supplier or other person or oreanization, to the extent practicable information about amounts paid to Contractor in accordance with Contractor's Applications for Payment on account of the particular Subcontractor's Suppliers or other person's or other organization's Work. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as 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 against Owner, Contractor, a~ 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) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, 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 A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. Standard General Conditions of the Construction Contract - 00700 -Page 22 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700std.gen.cond.doc 2/17/2005 1 u I ii 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 changes 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 aze in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shad may be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas L Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for .any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, a~ 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 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 azeas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable~Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated 'to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. B. The cost of any additional work required of the Engineer to complete the record documents due to failure of the Contractor to maintain adequate record documents shall be calculated at the hourly rates specified in the Bid Form for unscheduled em l~oyment of the Engineer. Pavment for such work shall be made by deduction from the monthly ,progress payments and the final payment as the costs aze 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: ' Standard General Conditions of the Construction Contract - 00700 -Page 23 of 44 H:\CORPORATE\RJ M\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 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 amibutable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or Engineer's Consultants , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). 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 supervising safety precautions and programs in connection with the Work. While Owner and Engineer may_have the right to observe and report or otherwise review the work progress .and operations of Contractor and any subcontractors or suppliers, this observation report or review shall not relieve Contractor from any of its covenants and obligations hereunder. Contractor shall incorporate all safety requirements into its construction progress and work schedules, including preconstruction and regularly scheduled safety meetings, posted safety rules tailgate meetings and site inspections by safety and other inspectors employed by the Contractor. F The Contractor shall be re~onsible for and shall take necessary precautions and~rovide all material and equipment to_protect shore brace, support and maintain all underground work and facilities, including pipes conduits drains sewers water mains gas mains, cables etc and other underground construction work uncovered in the~roximity, or otherwise affected by the construction work performed by him. All pavement, surfacing driveways curbs walks buildings grass areas, trees utility poles or guy wires damaged by the Contractor's operations in the performance of this work shall be repaired and/or replaced to the satisfaction of the Owner Engineer and affected property owner at the Contractor's expense The Contractor shall also be responsible for all damage to streets roads, hiehwavs, shoulders ditches embankments culverts bridges, or other public or private property or facility regardless of location or character which may be caused by the work, including moving hauling or otherwise transporting etc uipment materials or men to and from the work or any part of the site thereof whether by him or his subcontractors The Contractor shall make satisfactory and acceptable arrangements with the owner of. or the agency or authority havingjurisdiction over the damaged propert~or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. G. The Contractor shall conduct his work so as to interfere as little as possible with public travel whether vehicular or pedestrian Whenever it is necessary to cross obstruct or close roads driveways or walks, whether pubic or private the Contractor shall obtain approval from the governi~,party and shall, at his own expense provide and maintain suitable and safe bridges, detours and other temporary expedients for the accommodation of public and private drives before interfering with them Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads Theprovisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of theprivate property or from the authority having_iurisdiction over public .property involved to obstruct traffic at the designated point. 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. Standard General Conditions of the Construction Contract - 00700 -Page 24 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 i n C~ 7 u 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 Pazagraph 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 Pazagraph 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 with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 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. Standard General Conditions of the Construction Contract - 00700 -Page 25 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen. cond.doc 2/17/2005 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 ofParagraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during alt 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: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the• Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. , 6.20 Indemn~cation A. To the fullest extent permitted by Laws and Regulations,. Contractor shall indemnify and hold harmless Owner, a~ 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 bv, 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 aneuish or death, or to injury to or destruction of tangible property ~~r~~e `.".'~.'.='-=c-''-t;, including the loss of use resulting therefrom but only to the extent caused by any ~eg~iger~{ 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 ht to observe or otherwise review the work, progress and operations of the Contractor and any Subcontractors or Suppliers it is expressly understood and agreed that this observation report or review shall not relieve the Contractor from any of its covenants and oblieations hereunder. 2. normal wear and tear under normal usage. C. l~. In any and all claims against Owner or Engineer or any of their respective consultants, agents, C. Contractor's obligation to perform and officers, directors, partners, or employees by any complete the Work in accordance with the Contract employee (or the survivor or personal representative of Documents shall be absolute. None of the following will such employee) of Contractor, any Subcontractor, any constitute an acceptance of Work that is not in accordance Supplier, or any individual or entity directly or indirectly with the Contract Documents or a release of Contractor's employed by any of them to perform or famish any of the obligation to perform the Work in accordance with the Work, or anyone for whose acts any of them may be Contract Documents: liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation 1. observations by Engineer; on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such 2. recommendation by Engineer or payment by Subcontractor, Supplier, or other individual or entity Owner of any progress or final payment; under workers' compensation acts, disability benefit acts, or other employee benefit acts. Standard General Conditions of the Construction Contract - 00700 -Page 26 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 i ii 1 J 1 1 D. E 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 o£ 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or , damage. E. The exceptions to Contractor's indemnification obligations under paragraph 6.20.D shall not apply to any claim or demand against Engineer and Engineer's .Consultants or to the officers, directors partners, employees, agents and other consultants and subcontractors of each and any of them which is based on asserted liability for the reporting or failing to report of matters relating to alleged health and safety violations in connection with the work of Contractor and any Subcontractor or Sup Ip ier• 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services aze 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 prepazed 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 Pazagraph 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 aze 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 ' Standard General Conditions of the Construction Contract - 00700 -Page 27 of 44 H:\CORPORATEIRJM\WORDP\ejcdc\C-700.std. gen.cond.doc 2/17/2005 delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. 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.O1.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.O1.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. 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 Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. Standard General Conditions of the Construction Contract - 00700 -Page 28 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2!17/2005 1 I 0 0 1 1 0 u u 1 ii 0 [1 u n 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial 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 of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. B. However, there will be no relaxine, substitutins or qualif~g 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.Ob 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. ' Standard General Conditions of the Construction Contract - 00700 -Page 29 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 1 D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by 'recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Pazagraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 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. 1 r u A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is :due relating to the acceptability of the Work, and the. interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner ~pr 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 10.O5.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Pazagraph 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 D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guazantees, 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. [l u [] 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 anytime 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. Standard General Conditions of the Construction Contract - 00700 -Page 30 of 44 H:\CORPORATE\RJ M\WORDP\ejcdc\C-700std.gen.cond.doc 2!17/2005 1 1 u I~ 0 1 7 rl 7 1 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders ' A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.O1.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Not cation 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 Reguired: 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.O1.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 submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.O5.C or denial pursuant to Paragraphs 10.O5.C.3 or 10.O5.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. 1 Standard General Conditions of the Construction Contract - 00700 -Page 31 of 44 H:\CORPORATE\RJ M\WORDP\ejcdc\C-700.std. gen. cond.doc 2/17/2005 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.O1.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.O1.B. 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 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. 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 Standard General Conditions of the Construction Contract - 00700 -Page 32 of 44 H:\CORPORATE\RJ M\WORDP\ejcd c\C-700.std.gen. cond.doc 2/17/2005 i C i 0 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 11.O1.A.1 or specifically covered by Paragraph 11.01.A.4, all of which aze 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 chazges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.O1.A and 11.O1.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 12.O1.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.O1.A and 11.O1.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation ,overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each sepazately 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 guazanteed and aze 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 ' Standard General Conditions of the Construction Contract - 00700 -Page 33 of 44 H:ICORPORATE\RJM\WORDP\ejcdc\C-700.std.gen. cond.doc 2!17/2005 Contractor will be made by Engineer subject to the mutually agreed lump sum (which may include an overhead and profit not necessarily in f ll provisions of Pazagraph 9.07. or owance a accordance with Pazagraph 12.O1.C.2); or ' C. Each unit price will be deemed to include an where the Work involved is not covered by 3 amount considered by Contractor to be adequate to cover rofit for each separately head and r' t . unit prices contained in the Contract Documents and , p s over o Contrac agreement to a lump sum is not reached under Paragraph identified item. 12.O1.B.2, on the basis of the Cost of the Work Owner or Contractor may make a Claim for D (determined as provided in Paragraph 11.01) plus a . an adjustment in the Contract Price in accordance with Contractor's fee for overhead and profit (determined as ' Paragraph 10.05 if: provided in Paragraph 12.O1.C). 1. C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: ' ' a' * a ' *'~ ^ m°~`' ^^'' 1. a mutually acceptable fixed fee; or ~ ~~ then a fee d 2•~.~.~~~--.~°°~I° r a upon, 2. if a fixed fee is not agree } •L.°r .v... ~- ~ based on the following percentages of the various portions 1 the quantity of a particulaz item of Unit Price of the Cost of the Work: ' Work performed by Contractor differs by more than 25 for costs incurred under Paragraphs 11.O1.A.1 a percent from the estimated quantity of such item indicated . and 11.01.A.2, the Contractor's fee shall be 15 in the A~xeement; and percent; 2 the total cost of the~articulaz individual item for costs incurred under Paragraph 11.O1.A.3, b of Unit Price Work amounts to 10 percent or more of the f . the Contractor's fee shall be five percent; Contract Price which is the total sum of all schedules (i an • and c. where one or more tiers of subcontracts are on ' Contractor believes that Contractor is entitled 3 the basis of Cost of the Work plus a fee and no . to an increase in Contract Price as a result of having fixed fee is agreed upon, the intent of Pazagraph incurred additional expense or Owner believes that Owner 12.O1.C.2.a is that the Subcontractor who will at whatever tier Work th f , is entitled to a decrease in Contract Price and the parties i , , e orms actually per be paid a fee of 15 percent of the costs incurred ncrease are unable to agree as to the amount of any such by such Subcontractor under Pazagraphs or decrease. 11.O1.A.1 and 11.O1.A.2 and that any higher tier ' Subcontractor and Contractor will each be paid a ARTICLE 12 -CHANGE OF CONTRACT PRICE; fee of five percent of the amount paid to the next CHANGE OF CONTRACT TIMES lower tier Subcontractor; ' d. no fee shall be payable on the basis of costs 12.01 Change of Contract Price itemized under Paragraphs 11.O1.A.4, 11.O1.A.5, and 11.O1.B; ' A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the e. the amount of credit to be allowed by Contract Price shall be based on written notice submitted Contractor to Owner for any change which by the party making the Claim to the Engineer and the results in a net decrease in cost will be the ' the Contract in accordance with the other party to amount of the actual net decrease in cost plus a . provisions of Paragraph 10.05. deduction in Contractor's fee by an amount equal to five percent of such net decrease; and B. The value of any Work covered by a Change ' Order or of any Claim for an adjustment in the Contract f. when both additions and credits are involved Price will be determined as follows: in any one change, the adjustment in Contractor's fee shall be computed on the basis 1. where the Work involved is covered by unit of the net change in accordance with Paragraphs t prices contained in the Contract Documents, by 12.O1.C.2.a through 12.O1.C.2.e, inclusive. application of such unit prices to the quantities of the items involved (subject to the provisions of Pazagraph D Lump sum quotations for modifications to the ' 11.03); or Work shall include substantiating documentation with an 2. where the Work involved is not covered by itemized breakdown of direct project related Contractor ding labor materials l i t unit prices contained in the Contract Documents, by a nc u s and Subcontractor cos Standard General Conditions of the Construction Contract - 00700 -Page 34 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 _ rentals, and unproved services as summarized in Paragraphs 11.O1A.1 through 11 Ol A 4• and overhead and profit (fixed feel as defined in paragraph 12.O1.C. 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 approved by the Engineer. and Owner, all work on the project shall cease. The Engineer will not be available for work inspection durine such shutdowns and anv work completed by the Contractor during such shutdown will not be accepted 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 Standard General Conditions of the Construction Contract - 00700 -Page 35 of 44 H:\CORPORATE\RJ M\WORDP\ejcdc\C-700.std.gen. cond.doc 2/17/2005 shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith,: and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provjded in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engjneer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, 'testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop. the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as Standard General Conditions of the Construction Contract - 00700 -Page 36 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 1 I'~J ~ 0 i~ 0 7 0 ii CI' Ci I contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, azchitects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) azising 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 o~ 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 Pazagraph 13.07 aze 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 Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties aze unable to :agree as to the amount thereof, Owner may make a Claim therefor as provided in Pazagraph 10.05. If the acceptance occurs after such recommendation, anappropriate 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 Pazagraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees,. Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Pazagraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, azchitects, 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 Pazagraph 13.09 will be chazged 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 ' A. If, instead of requiring correction or removal Price. If the parties aze unable to agree as to the amount of and replacement of defective Work, Owner (and, prior to the adjustment, Owner may make a Claim therefor as Engineer's recommendation of final payment, Engineer) provided in Pazagraph 10.05. Such claims, costs, losses prefers to accept it, Owner may do so. Contractor shall and damages will include but not be limited to all costs of ' pay all claims, costs, losses, and damages (including but repair, or replacement of work of others destroyed or not limited to all fees and chazges of engineers, azchitects, damaged by correction, removal, or replacement of attorneys, and other professionals and all court or Contractor's defective Work. abbitration or other dispute resolution costs) attributable to ' Standard General Conditions of the Construction Contract - 00700 -Page 37 of 44 H:\CORPORATE\RJ M\WORDP\ejcdc\C-700.std.gen. cond.doc 2/17/2005 D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate properly 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 a ui ment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first pro reg ss payment application However proof of payment and cleaz title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in storage will be deducted from subsequent payments. Beginning with the second application, all reauests for pa ment for materials in storage shall be accompanied by Bill of Sale invoice or other document warranties clear title as required above. 2 Each application for progress payment shall be accompanied by Contractor's updated schedule of operations or progress report with such shop drawings schedules procurement schedules value of materials on hand included in application and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified_payrolls by the Contractor.. After the first pro rg ess payment which requests payment for materials in storage has been made by the Contractor to the Owner, the Contractor must submit with the following month's payment request evidence satisfactory to the Owner that such material has been~aid for. Failure to provide this evidence with the first request and subsequent requests will result in withholding from subsequent progress payments the amount in dispute requested for materials in storage in accordance with Paragraph 14.02B. 3 The Owner may retain a portion of the amount otherwise due the Contractor. Except as state law otherwise provides the amount retained by the Owner shall be as stipulated in the Agreement. In accordance with state law the Owner may accept deposited securities in lieu of cash retainage Retainage may be used by the Owner to offset costs for an~of the losses enumerated in Paragraphs 14 02 B 5 a through 14.02.B.S.d inclusive, 14 02 D 1 a through 14 02 D.l.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. 4 Liquidated damages for unscheduled employment of the Engineer shall be calculated at the hourly rates indicated in the Bid Form. Liquidated damages shall be paid b~deduction from monthly progress pay estimates and the final pay estimate as the liquidated damages are incurred. 5 Each application for pro rg ess payment shall be accon~anied by a statement of certification by the Contractor that no claim exists against the Owner or Engineer unless e~ressly stated otherwise; that the payment claimed represents the actual value of the work accomplished• that the work accomplished and materials supplied are in accordance with the Contract Documents; that the quantities claimed were properly determined; and that all labor provisions have been complied with in full. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a to Owner or return the Application to Contractor 2 ~ ,,,,.w +,,e ~o~„„,, ~„„,;,,,,~;r„ f „ recommendation of payment and present the Application ' indicating in writing Engineer's reasons for refusing to ., c.w .xr,._,. ,.~..e woo„ ..„„,:°a ,. recommend payment. In the latter case, Contractor may `-°r""T~"° ° '"~'~'" "r`'""`~ ~"" make the necessary corrections and resubmit the Standard General Conditions of the Construction Contract - 00700 -Page 38 of 44 H:\CORPORATE\RJ M\WORDP\ejcd c\C-700.std.gen. cond. doc 2/17/2005 ii fl ii u I~ CI' C ii Application. ' 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's ' observations 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 appeaz to have been fulfilled in so faz 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 of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and cleaz 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 Pazagraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and dischazge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended, including liquidated damages; or ' Standard General Conditions of the Construction Contract - 00700 -Page 39 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen. cond.doc 2/17/2005 d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.S.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 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 an~proeress ~ayment by Engineer nor pavment by the Owner to Contractor nor anv use or occu~aanc~of the. Work or anv part thereof will release the Contractor from comylyin~ with the Contract Documents Specifically the Contractor shall maintain in accordance with Article 5. nroyerty insurance on all Work materials and eguinment whether incorporated in the proiect or not and whether included in an application for pavment or not for the full insurable value thereof Passing title to Owner for materials and etc uirJment included in an application .for vayment does not relieve the Contractor of the Contractor's oblieation to provide insurance (including, nroperty insurance) as required in Article 5 of these General Conditions and the Supplementar~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 determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially Standard General' Conditions of the Construction Contract - 00700 -Page 40 of 44 H:\CO RPORATE\RJM\WORDP\elcdc\C-700 std.gen.cond.doc 2/17/2005 n 0 0 i~ n 1 i r If u ii ~i i 0 ii complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any .time .may notify Owner and Engineer in writing that Contractor considers any such part of the Work .ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable .time after either such request, Owner, Contractor, and Engineer shall make'an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. B. Owner has the right to take possession of or use an~completed or substantially completed portions of the work at anv 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 anv facilities so identified in the Contract Documents will not be grounds for extension of the contract time or chance in the contract price. Owner's use of any facilities not specifically identified in the Contract Documents will be in accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitabl~justed with a Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the entire work will be done in accordance with Article 14.04. Guarantee periods for accepted or substantially completed work including mechanical and electrical equipment will commence upon the start of continuous use by Owner. All tests and instruction of Owner's personnel must be satisfactorily completed, and Owner shall assume responsibility for and operation of all facilities occupied or used except as may arise through portions of work not vet completed by Contractor. If the work has been substantially completed and the Engineer certifies that full completion thereof is materially delayed throu no fault of the Contractor, the Owner shall, without terminating the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. 14.06 Finallnspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify .Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. After Contractor has remedied all deficiencies to the satisfaction of the Owner and Engineer and delivered all construction records. maintenance and operating instructions, schedules,- guarantees, bonds, certificates of inspection, and other documents (all as required by the Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer that the work is acce tp able• 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.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 famish such a release or receipt in full, Contractor may furnish a bond or other collateral ' Standard General Conditions of the Construction Contract - 00700 -Page 41 of 44 H:\CORPORATE\RJ M\WORDP\ejcdc\C-700.std. gen. cond.doc 2/17/2005 1 satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for' Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work 'has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons .for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and ,will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion. of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractorand Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. If the Contractor fails to complete the work required by the Contract Documents, or uvon The occurrence of any one or more of the following events, the Owner may terminate the Agreement relating to the whole Work or anv 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: 1 I~ 1 1 ii Standard General Conditions of the Construction Contract - 00700 -Page 42 of 44 ' H:\CORPORATE\RJM\WORDP\ejcdc\C-700 std.gen.cond.doc 2/17/2005 it 1 0 1 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 aze stored elsewhere, and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Pazagraph 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, azchitects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Pazagraph S.O1.A, the termination procedures of that bond shall supersede the provisions of Pazagraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Corrvenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or azbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 aze 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. ' Standard General Conditions of the Construction Contract - 00700 -Page 43 of 44 H:\CORPORATE\RJ M\WORDP\ejcdc\C-700.std.gen. cond.doc 2/17/2005 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 ih effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.O5.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 Pazagraph 10.O5.C or a denial pursuant to Paragraphs 10.O5.C.3 or 10.O5.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of 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: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B The business address for giving notices of Contractor given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Contractor will be mailed or delivered. The address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices letters and other communication to Owner shall be mailed or delivered. Either party may change its address at any time by an instrument in writing delivered to Engineer and to the other party. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, '~ ~~" ''° ~•~+°`' *° 1 .7 41. F' 4 .7 1 .~ 41, 1.,..t .].,.. ., 4' n ,..1, n°«: ~.i c~cvxcsac-cr[c casc-cu ...... .,...,. »~ „_ .,.._.. t. ____.. the time will commence to run on the day or date indicated in the Notice to Proceed or any other. properly executed document. The time will be computed to include the first day or date indicated in the number of days. 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 aze otherwise imposed or available by Laws or Regulations, by special warranty or guazantee, 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. 0 ii r-, ~~i i~ 1 Standard General Conditions of the Construction Contract - 00700 -Page 44 of 44 ' H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen. cond.doc 2/17/2005 Li fl L C n r u SECTION 00810 SUPPLEMENTARY CONDITIONS TO TH'E GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend. or upplernent the Standard General Conditions of the Construction Contract. [(No. C-700, 2002 Edition)] [and the Funding Agency Edition (No. 1910-8-FA, 1997 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. lndex of Supplementary Conditions to the General Conditions Article or Paragraph No. Title or Subject-Matter SC-1.01.A.20 Engineer's Consultants 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-11.01.A.5.c Equipment Rental Rates -Use of Blue Book SC-13.03 Tests and Inspections SC-14.02.6 Progress Payments- Whole or Partial Payment Refused by Engineer SC-14.02.C Progress Payments -Payment Becomes Due SC-14.02.D Progress Payments -Full Payment Refusal by Owner SC-14.07 A Final Payment Application -Releases and Waivers SC-14.07.6 Final Payment -Refusal by Engineer SC-14.07.C Final Payment -Payment Becomes Due SC-16.02 Dispute Resolution -Mediation SC-17.04.6 Survival of Obligation -Statutes of Limitation Supplementary Conditions - 00810 -Page 1 of 15 N:\0417\055\SPECS\DIV 0\00810_Supplementary Conditions to the General Conditions.rtf Revised 10/30/07 L SC-1.01.A.20 ENGI'NEER'S CONSULTANTS ' SC-1.01.A.20 'Engineer's Consultants: No consultants were employed by the Engineer to provide professional services for the Project. 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 four (4) copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, insert executed copies of the required Bonds and Power of Attorney and Certificates of 'Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two (2) copies to the Contractor who shall promptly deliver one (1) copy to his Surety. Owner shall also furnish one (1) counterpart or conformed copy to the Engineerand shall retain one (1)-copy. i SC-2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: A. Prior to the first application for payment all schedules and documents identified in paragraph 2.05.A of these General Conditions shall be finalized and submitted to the Engineer and Owner. Until acceptable schedules are submitted to Engineer and Owner. as provided below, Owner may withhold an amount from a progress payment that is sufficient to pay the direct expenses that Owner may reasonably expect will be necessary to correct any problems based on Contractor's ' failure to submit acceptable schedules. The progress schedule shall be CPM form or other acceptable format that shows estimated time for each work item, and starting and completion dates for each part of the Work. Acceptance of these schedules and ' documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the .sequencing, scheduling or progress of the Work, and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. ' SC-3.03.6 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: Su lementa Conditions - 00810 - Pa e 2 of 15 PP rY 9 N:\0417\055\SPECS\DIV 0\00810_Supplementary Conditions to the General Conditions.rtf Revised 10/30/07 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 SC-4.02 SUBSURFACE AND PHYSICAL CONDITtONS -TECHNICAL DATA Add the following new paragraphs} immediately after paragraph 4.02..8 of the General Conditions: Delete Paragraph 4.02.A and 4.02.6 in the General Conditions in their entirety and insert the following: ' A. In the preparation of the Drawings and Specifications, the Engineer or Engineer's Consultants have relied on upon no reports of explorations and tests of subsurface conditions at the site:. 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: Supplementary Conditions - 00810 -Page 3 of 15 N:\0417\055\SPECS\DIV 0\00810_Supplementary Conditions to the General Conditions.rtf Revised 10/30/07 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. D. Construction surveys shall be done under the direction of a Registered Professional Engineer or Land Surveyor experienced in construction layout work. E. The Contractor shall notify the Engineer of any discrepancies between plan locations and verified field locations or dimensions. All connections of new facilities to existing facilities (pavement, pipe and duct inverts, and other critical horizontal or vertical dimensions) shall be verified by the Contractor prior to starting , construction. Any differences between the plans and field construction surveys will be resolved by the Engineer. F. When required, the Contractor shall provide a survey crew during normal working hours. to assist the Engineer in checking lines and elevations in the Contractor's layout and for measuring quantities for payment purposes as the work proceeds. The ' Contractor shall cooperate with the Engineer so that the checking and measuring may be accomplished with the least interference to the Contractor's operations. SC-4.06 HAZARDOUS ENVIRONMENTAL CONDITION AT SITE - "TECHNICAL DATA" ' Add the following new paragraph(s) immediately after paragraph 4.06.A of the General Conditions: Delete Paragraph 4.06.A and 4.06.6 in the General Conditions in their entirety and insert the following: ' A. No reports or drawings related to Hazardous Environmental Conditions are known to the Owner or Engineer. SC-5.02 LICENSED SURETIES AND INSURERS ' Add the following immediately after paragraph 5.02.A of the General Conditions: B. Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the state of the project location, with , Supplementary Conditions - 0081.0 -Page 4 of 15 N:\0417\055\SPECS\DIV 0\00810 Supplementary Conditions to the General Conditions.rtf , Revised 10/30/07 ~i CIS ~~~ ~I u 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 5.03.6 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 CONTRAeTOR'S LIABILITY INSURANCE Add the following new paragraph immediately after paragraph 5.04.6 of the General Conditions: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverages for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation and Related Coverages under Paragraphs 5.04.A.1 and 5.04.A.2 of the General Conditions: a. State Statutory b. Applicable Federal (e.g. Longshoremens) Statutory c. Employer's Liability $1,000,000 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; Supplementary Conditions - 00810 -Page 5 of 15 N:\0417\055\SPECS\DIV 0\00810_Supplementary Conditions to the General Conditions.rtf Revised 10/30!07 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 #hrough 5.04.A.6 ~ may be satisfied byprimary 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 A re ate Limi is diminished b an gg 9 Y 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: ' a. Premises -Operations b. Operations of Independent Contractor c. Contractual Liability ' d. Personallnjury e. Product and Completed Operations f. Broad Form Property Damage (to include explosion, collapse, blasting, and underground where applicable) g. 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. Supplementary Conditions - 00810 -Page 6 of 15 N:\0417\055\SPECS\DIV 0\00810_Supplementary Conditions to the General Conditions.rtf Revised 10/30/07 ~~ ' 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 5.04.8.4 of the General Conditions shall provide coverage for not less than the following amounts: a. General Aggregate Per Project $5,000,000.00 ' b. Each Occurrence $5,000,000.00 (Bodily Injury and Property Damage). 5. OWNERS and CONTRACTORS' Protective Policy -Purchased By CONTRACTOR: In addition to the insurance required to be provided by Contractor under paragraph 5.04.A.1 through 5.04.A.6 inclusive, Contractor shall purchase and maintain a separate Owners and Contractors Protective Policy (OCP) to ' protect Owner against claims which may arise from operations under the Contract Documents, with limits of liability as specified below. This liability insurance shall include as additional insureds the Engineer and the Engineer's Consultants, and include coverage for the respective directors, officers, partners, employees, agents and other consultants and subcontractors of all such additional insureds. a. General Aggregate $2,000,00.0.00 b. Each Occurrence $1,000,000.00 (Bodily Injury and Property Damage) ' 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. Additionallnsureds: ' a. With respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6, inclusive, include the following as additional insureds. Use the following Additional Insured Endorsements: ' Su lementa Conditions - 00810 - Pa e 7 of 15 PP rY 9 N:\041710551SPECS\DIV 0\00810_Supplementary Conditions to the General Conditions.rtf Revised 10/30/07 ENTITY FORM Owner -City of Bozeman use Additional Insured Endorsements CG2010 and CG2037 Engineer -Morrison Maierle, Inc use Additional Insured Endorsement CG2032 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 the following Additional Insured Endorsement: ENTITY FORM Engineer -Morrison Maierle, Inc use Additional Insured Endorsement; CG2031 SC-5.06 PROPERTY INSURANCE -PURCHASED BY CONTRACTOR A. With respect to the Contractor's property insurance .coverage required by paragraph 5.06.A of the General Conditions, include the following as an insured or additional insured: OWNER: City of Bozeman SUBCONTRACTORS: (Contractor to list Subcontractors) ENGINEER: Morrison-Maierle, Inc. ENGINEER'S Consultants: [List Consultants] B. Deductible may not exceed $5,000 unless approved by appropriate Change Order. SC-6.02 LABOR; WORKING HDURS Add the following new paragraphs immediately after paragraph 6.02.6 of the General Conditions: C. Working hours for the Contractor shall be limited to the hours between 7:00 a.m. and 7:00 p.m. and shall not exceed 10 hours per day with authorized overtime. With Owner and Engineer approval the Contractor may work a -four day, ten hour per day work week. The Contractor must notify the. Owner and Engineer in writing three (3) days in advance of his intention to work during other periods to allow assignment of additional inspection personnel when they are reasonably available. Emergency work may be done without prior permission. D. If a resident project representative is reasonably available, the Engineer may authorize the Contractor to perform work during periods other than normal working hours and/or days. The cost of this inspection will be calculated at the hourly rate specified in the Bid Form for unscheduled employment of the Engineer and will be Supplementary Conditions - 00810 -Page 8 of 15 N:\0417\055\SPECS\DIV 0\00810_Supplementary Conditions to the General Conditions.rtf Revised 10/30/07 I~ fl [7 u ~I u ' 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 theproducts 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 anal 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 6.06.6 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 ' B. In accordance with Instruction to Bidders, paragraph 1.2.01, within ten (10) 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 Supplementary Conditions - 0081.0 -Page 9 of 15 N:\0417\055\SPECS\DIV 0\00810_Supplementary Conditions to the General Conditions.rtf ' Revised 10!30/07 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 other persons or organizations shall be furnished. Acceptance and substitution of proposed Subcontractors, Suppliers, or other persons or organization prior to Notice of Award is governed by Instructions to Bidders paragraph 12.01. The Contractor may not change Subcontractors, Suppliers, or other persons and organizations accepted by Owner prior to the Notice of Award without the written permission of the Owner. C. Revocation of Subcontractor, Supplier, or other persons or organizations acceptance after the Effective Date of the Agreement is governed by General Condition 6.06. B. SC-6.17 SHOP DRAWINGS AND SAMPLES Add the following paragraphs immediately after paragraph 6.17.E of the General Conditions: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three (3) submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. G. In the event that Contractor requests a substitution for a previously approved item, Contractor shall reimburse Owner for Engineer's charges for such time unless the need#or such substitution is beyond the control of Contractor. SC-11.01.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: Supplementary Conditions - 00810 -Page 10 of 15 N:\0417\055\SPECS\DIV 0\00810 Supplementary Conditions to the General Conditions.rtf Revised 10/30/07 ii ~I 0 1 J I'~ 1 Ci 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50 percent of the monthly rental rate divided by 176 -hours per month, and the hourly operating cost shall not be applied. 3.: For specialized equipment rented for a short duration used for ' change order work or additional work not part of the scope of work bid, the equipment rental rates will be negotiated prior to the work being - performed. 4. Use of Blue Book rates, and review and approval of equipment rates associated with equipment lists submitted. according to GC-2.05.A.4 and GC-2.07.A shall not extend to the settlement of any claim submitted under GC-10.05 and GC-12.01. In claim settlements, actual costs are recoverable, not blue book rates or rates approved with submittals of schedules of value or equipment lists. SC-13.03 TESTS AND INSPECTIONS Replace paragraph 13.03.6 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 ao 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-14.02.6 PROGRESS PAYMENTS -WHOLE OR PARTIAL PAYMENT REFUSAL BY ENGINEER Add the following paragraph 14.02.6.6 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; Supplementary Conditions - 00810 -Page 11 of 15 N:\0417\055\SPECS\DIV 0\00810_Supplementary Conditions to the General Conditions.rtf Revised 10/30/07 i~ I~ 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 far labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; f. Damage to the Owner; or g. The existence of reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. SC=14.02.C PROGRESS PAYMENTS -PAYMENT BECOMES DUE Delete paragraph 14.02.C.1~ of the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor's Application for Payment, with Engineer's recommendation, review and. act upon said .payment within twenty-on (21) days after Contractor has submitted the application. Within fourteen (14) days after approving all or part of the application, the Owner will pay for the work approved (subjecf to the provisions of Paragraph 14.02.D of these General Conditions). SC-14.02.D PROGRESS PAYMENTS -FULL PAYMENT REFUSAL BY OWNER Add the following paragraph 14.02.D.1.eto the General Conditions: e. there exists: i. Unsatisfactory progress of the Work; ii. Failure to remedy defective Work or materials; iii. Disputed Work or materials; iv. Failure to comply with material provisions of the Contract Documents. v. Failure of the Contractor to make timely payment upon request, including but not limited to payment for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; vi. Damage to the Owner; or vii. The existence of reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. Delete Paragraph 14.02.D.2 of the General Conditions in its entirety and replace it with the following: Supplementary Conditions - 00810 -Page 12 of 15 N:\0417\055\SPECS\DIV 0\00810_Supplementary Conditions to the General Conditions.rtf Revised 10/30/07 1 2. If Owner refuses to make payment of the full .amount recommended by Engineer, Owner will give Contractor written notice (with .a copy to Engineer) within twenty-one (21) days of actual receipt of the Application for Payment by Engineer, stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner may only withhold an amount from a payment that is sufficient to pay the direct expenses that the Owner may reasonably expect will 'be necessary to correct any problems created by the items listed in Paragraph 14.02.D.1. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. SC-14.07. A FINAL PAYMENT APPLICATION -RELEASES AND WAIVERS Delete Paragraphs 14.07.A.2.d and 14.07.A.3 of the General Conditions in their entirety and replace them with the following Paragraphs 14.07.A.2.d and 14.07.A.2.e: d. all releases and waivers in Contractor's ..possession for obligations for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent and royalties arising out of or related to the Work. e. an .affidavit of Contractor certifying and warranting to Owner that all obligations for labor, equipment, materials, subcontracts., taxes., fees, professional services, rent and royalties arising out of or related to the Work will be fully .paid and satisfied on receipt of final payment, and agreeing that the Contractor will indemnify, hold harmless and defend Owner against any and all claims, liabilities;~demands, liens, damages and expenses for .any obligation or asserted obligation for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent and royalties arising out of or related to the Work. SC-14.07.8 FINAL PAYMENT -REFUSAL BY ENGINEER Add the following sentence to the end of Paragraph 14.07.6.1 of the General Conditions: Engineer may refuse to recommend final payment if, in Engineer's opinion, there exists: a. Unsatisfactory progress of the Work; b. Failure to remedy defective Work or materials; c. Disputed Work or materials; e. Failure of the Contractor to make timely payment upon request, including but not limited to payment for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; f. Damage to the Owner; or Supplementary Conditions - 0081.0 -Page 13 of 15 N:\0417\055\SPECS\DIV 0\00810_Supplementary Conditions to the General Conditions.rtf Revised 10/30/07 g. The existence of reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. SC-14.07.C FINAL PAYMENT -'PAYMENT BECOMES DUE Delete Paragraph 14.07.C.1 of the General Conditions in its .entirety and replace it with the following: 1. Twenty-one (21) 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 14.07.6 of these General Conditions), will become due, and when due will. be paid by Owner to Contractor within fourteen (14) 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 ' Supplementary Conditions - 00810 -Page 14 of 15 N:\0417\055\SPECS\DIV 0\00810_Supplementary Conditions to the General Conditions.rtf Revised 10/30/07 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-16.02.6, if a Claim or counterclaim, dispute or other matter in question between Owner and Contractor involves the Work of a Subcontractor, either Owrier or Contractor may join such Subcontractor as a party tb the mediation between Owner and Contractor hereunder. Contractor shall include in all subcontracts required by paragraph GC-6.06.G specific 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: B. Causes of action between the parties or the Engineer pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run in any and all events not later than the date of final payment to the Contractor. The Contractor shall include this provision in all contracts he enters into with subcontractors, consultants and suppliers who provide any work, products or services for this project. END OF SECTION 00810 Supplementary Conditions - 00810 -Page 15 of 15 N:\0417\055\SPECS\DIV 0\00810_Supplementary Conditions to the General Conditions.rtf Revised 10/30/07 r •• ~I~n Montana P~+eva P Wa a Rafes P .: ~'~ ~ 5 ~ Mw .~ `r_ ,~ ,; L , 1.. [ y^ ~. ~'M ~r+t,~,~t- y, fit ~ >,S t ' -. ~~' =~ . ;, ,~ ~: ~ ~-: t ,~,~ ~,. ~ •r~ ~' . . µ ~ n. c ~ ~ * r ~t~ ; ,~" .. ~ ~ ~' .,~. '' s ~~ "`~ ,~. ~ '~ ~; MONTANA PREVAILING WAGE RATES FOR BUILDING CONSTRUCTION 2008 Effective: July 18, 2008 Brian Schweitzer, Governor State of Montana Keith Kelly, Commissioner Department of Labor and Industry For information relating to public works projects and payment of prevailing wage rates, or to obtain copies of prevailing wage rate schedules, please visit the Labor Standards Bureau at: www.mtwagehourbopa.com, or contact them at: Labor Standards Bureau Montana Department of Labor and Industry P. 0. Box 6518 Helena, MT 59604-6518 Phone: 406-444-5600 TDD:406-444-5549 The Labor Standards Bureau welcomes questions, comments and suggestions from the public. In addition, we'll do our best to provide information in an accessible format, on request, in compliance with the Americans with Disabilities Act. ~7 L u [] 0 ii ii 0 1 TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication .......................................................................... 5 B. Definition of Building Construction ...................................... 5-6 C. Definition of Public Works Projects ............................................ 6 D. Prevailing Wage Schedule ............................................................. 6 E. Rates to Use for Projects ................................................................ 6 F. Fringe Benefits .............................................................................. 6-7 G. Per Diem .............................................................................................. 7 H. Prevailing Wage Districts ............................................................... 7 I. Computing Travel Benefits ........................................................... 8 J. Apprentices ........................................................................................ 8 K. Posting Notice of Prevailing Wages ........................................... 9 L. Employment Preference ................................................................ 9 M. Building Construction Occupations Website ......................... 9 N. Welders` Rates .................................................................................... 9 0. Foremen's Rates ................................................................................ 9 WAGE RATES: ............................................... Boilermakers 10 ............................................ k M 10 asons ....................................................................... Brick and Bloc Carpenters ................................................................................................ 11 Cement Masons and Concrete Finishers ....................................... 11 Construction Equipment Operators Operators Group 2 ............................................................................. 12 Operators Group 3 ............................................................................. 13 Operators Group 4 ............................................................................. 13 Operators Group 5 .............................................................................14 WAGE RATES (CONT.) ........................................................................... Operators Group 6 14 .. Operators Group 7 ............................................................................. 15 t Construction Laborers laborers Group 1 ......................................................................:........ 15 , Laborers Group 2 ............................................................................... 16 Laborers Group 3 ............................................................................... 16 Laborers Group 4 ............................................................................... 17 ' Drywall Applicators .............................................................................. 17 Electricians ............................................................................................... 18 Elevator Constructors .......................................................................... 18 Floor Coverers ......................................................................................... 19 Glaziers ...................................................................................................... Heating and Air Conditioning ........................................................... 19 19 ' Insulation Workers-Mechanical-Heat and Frost ......................... Structural Iron and Steel Workers .................................................... 20 20 ' Millwrights ............................................................................................... 21 Painters and Pa erhan ers ................................................................ p 9 21 Pile Bucks ..................................................................................................21 ' ............................22 Plasterers and Stucco Masons .............................. Plumbers, Pipefitters, and Steamfitters .........................................22 , Roofers ..................................................................................................... .23 Sheet Metal Workers ............................................................................23 Sprinkler Fitters ......................................................................................24 Stonemasons ..........................................................................................24 , Tapers ........................................................................................................24 Teamsters Group 2 ................................................................................25 r Telecommunications Equipment Installers and Repairers.... Tile and Marble Setters ....................................................................... .25 .26 , 5 ' MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with ' Sections 18-2-401 and 18-2-402 of the Montana Code Annotated, has determined the standard prevailing rate of wages for the occupations listed in this publication. ' The wages specified herein control the prevailing rate of wages for the purposes of 18-2-401., et seq., .Montana Code Annotated. It is required that each employer pay, as a minimum, the rate of wages, including fringe benefits, travel allowance and per ' diem applicable to the district in which the work is being performed, as provided in the attached wage determinations. ' All Montana Prevailing Wage Rates are available on the Internet at: www mtwaseh~ourbopa.eom or by contacting the Labor Standards Bureau at (406) 444-5600. This publication provides general information concerning compliance ' with Montanas 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 mtwa~eh~ourbopa.com or contact the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549. KEITH KELLY Cornrnissioner Department of Labor and Industry State of Montana A. Date of Publication: July 18, 2008 B. Definition of Building Construction For the purposes of Prevailing Wage, the Commissioner of Labor and Industry has determined that building construction occupations are defined to be those performed by a person engaged in a recognized trade or craft, or any skilled, semiskilled, or unskilled manual labor related to the construction, alteration, or repair of a public building or facility, and does not include engineering, superintendence, management, office or clerical work. The Administrative Rules of Montana (ARM) 24.17.501 (2) - 2(a), Public Works Contracts for Construction Services Subject to Prevailing Rates, states that "Building construction projects generally are the construction of sheltered enclosures with walk-in access for housing persons, machinery, equipment, or supplies. It includes all construction of such structures, incidental installation of utilities and equipment, both above and below grade level, as well as incidental grading, utilities and paving. 6 ' Examples of building construction include, but are not limited to, alterations ' and additions to buildings, apartment buildings (five stories and above), arenas (closed), auditoriums, automobile parking garages, banks and financial buildings, ' barracks, churches, city halls, civic centers, commercial buildings, court houses, detention facilities, dormitories, farm buildings, fire stations, hospitals, hotels, industrial buildings, institutional buildings, libraries, mausoleums, motels, ' museums, nursing and convalescent facilities, ofl^ice buildings, out-patient clinics, passenger and freight terminal buildings, police stations, post offices, power plants, prefabricated buildings, remodeling buildings, renovating buildings, , repairing buildings, restaurants, schools, service stations, shopping centers, stores, subway stations, theaters, warehouses, water and sewage treatment plants (buildings only), etc." 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 building construction occupations and rates. 'These ' rates will remain in effect until superseded by a more current publication. Current prevailing wage rates schedules for Heavy, Highway, and Non-construction ' Services occupations can be found on the Internet at www mtwagehourboPa. com or by contacting the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549. ' E. Rates to use for Projects Rates to be used on a public works projects are those that are in effect at the time ' the project and bid specifications are advertised. F. Fringe Benefits Section 18-2-412 of the Montana Code Annotated states that: "(1) to fulfill the obligation...a contractor or subcontractor may: (a) pay the amount of fringe benefits and the basic hourly rate of pay that is ' part of the standard prevailing rate of wages directly to the worker or employee in cash; ' (b) make an irrevocable contribution to a trustee or a third. person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the ' 1 7 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 (1)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits for health and welfare and pension contributions that meet the requirements of the Employee Retirement Income Security Act of 1974, travel, or other bona fide programs approved by the United States department of labor, that is applicable to the district for the particular type of work being performed. (2) The fringe benefit fund, plan, or program described in subsection (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. G. Per Diem ' Per Diem typically covers the costs associated with board and lodging expenses and are paid when an employee is required to work at a location outside the daily ' commuting distance and is required to stay overnight or longer. H. Prevailing Wage Districts Montana counties are aggregated into 10 districts for the purpose of prevailing wage. A map showing these districts follows: 1 r i g I. Computing Travel Benefits Travel pay, for the purposes of public works projects, shall be determined by measuring the road miles (one way) over the shortest practical maintained route ' from the county courthouse of the designated city for each district or the employee's home, whichever is closer, to the center of the job. Each city shall be considered the point of origin only for jobs within the counties identified in that district (as shown below): District 1 -Kalispell: includes Flathead, Lake, Lincoln, and Sanders counties District 2 -Missoula: includes Mineral, Missoula, and Ravalli counties District 3 -Butte: ' includes Beaverhead, Deer Lodge, Granite, Madison, Powell, and Silver Bow counties ' District 4 -Great Falls: includes Blaine, Cascade, Chouteau, Glacier, Hill, Liberty, Pondera,Teton, and Toole counties ' District 5 -Helena: includes Broadwater, Jefferson, Lewis and Clark, and Meagher counties District 6 -Bozeman: includes Gallatin, Park, and Sweet Grass counties District 7 -Lewistown: ' includes Fergus, Golden Valley, Judith Basin, Musselshell, Petroleum, and Wheatland counties District 8 -Billings: includes Big Horn, Carbon, Rosebud, Stillwater, Treasure, and Yellowstone counties ' District 9 -Glasgow: includes Daniels, Garfield, McCone, Phillips, Richland, Roosevelt, Sheridan, and Valley counties District 10 -Miles City: includes Carter, Custer, Dawson, Fallon, Prairie, Powder River, and Wibaux counties J. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. However, apprentices not registered in approved federal or state apprenticeship programs will be paid the prevailing ' wage rate when working on a public works contract. I~ II 9 K. 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. L. Employment Preference Sections ]. 8-2-403 and 18-2-409, Montana Code Annotated requires contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. M. Building Construction Occupations You can find definitions for these occupations on the following Bureau of Labor Statistics website: http://wwwbls.gov/oes/2001/oes stru.htrn N: Welders receive rate prescribed for craft performing operation to which welding is incidental. O. Foreman occupations Rates are no longer set for foremen. However, if a foreman performs journey level work, the foreman must be paid at least the journey level rate. 10 Wage Rates BOILERMAKERS (47-2011) Wage Benefit Trave! (ALL): District 1 $28.41 $17.97 0-120 mi. free zone District 2 $28.41 $16.51 120 + mi. IRS allowable rate per mile . District 3 .$28.41 $17.97 District 4 $28.41 $17.97 Subsistence (ALL): District 5 $28.41 $17.97 0-70 mi. free zone District 6 $28.41 $17.97 70-120 mi. $30/day District 7 $28.41 $17.97 120 + mi. $40/day District 8 $28.41 $17.97 District 9 $25.77 $17.97 District 10 $28.41 $17.97 BRICK AND BLOCK MASONS (47-2027 ) Description: Lay and bind building materials, such as brick, structural tile, concrete block, cinder block, glass block, and terra-cotta block, with mortar and other substances to construct or repair walls, partitions, arches, sewers and other structures. District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 Wage $24.50 $24.50 $24.50 $23.03 $23.03 $23.03 $23.03 $23.03 $23.03 $23.03 Benefit $9.16 $9.16 $9.16 $9.16 $9.16 $9.16 $9.16 $9.16 $9.16 $9.16 Subsistence (ALL): 0 - 40 miles free Over 40 miles = $60.00 per day u ~i ~, 1 n C C C~ I~ L~ J 1 11 CARPENTERS (47-2031) Wage Benefit Travel: District 1 $18.09 $5.76 Districts 1 & 2 District 2 $18.46 $6.64 0-30 miles free zone District 3 $17.49 $6.97 31-50 mi +$20/day District 4 $17.49 $7.90 Over 50 mi +$30/day District 5 $17.49 $7.73 District 6 $16.87 $5.82 District 3 District 7 $17.44 $7.90 0-30 miles free zone District 8 $17.49 $5.04 31-50 mi $18 per day District 9 $16.48 $7.90 50+ mi $ 25 per day District 10 $17.49 $7.90 Districts 4 -10 *May also install cabinets, si ding, drywall 0-15 miles free zone and batt or roll insulation. 15-30 mi base pay +$1.00 30-50 m i base pay +$1.50 Over 50 mi base pay +$2.00 CEMENT MASONS AND CONCRETE FINISHERS (47-2057 ) Description: Smooth and fini sh surfaces of poured concrete, such as floors, walks, sidewalks, roads, or curbs using a variety of hand and power tools. Align forms for sidewalks, curbs, or gutters; patch voids; use saws to cut expansion joints. Wage Benefit Travel: District 1 $15.47 $3.66 All Districts District 2 $17.17 $6.50 0-30 mi. free zone District 3 $19.40 $6.80 30-60 mi. $2.95/hr. District 4 $18.29 $6.80 Over 60 mi. $4.75/hr District 5 $18.29 $6.80 District 6 $18.29 $2.00 District 7 $18.29 $6.80 District 8 $18.29 $6.80 District 9 $18.29 $6.80 District 10 $18.29 $6.80 2 1 CONSTRUCTION EQUIPMENT OPERATORS (47-2073) i Travel For All Groups and Districts 0-30 mi. base pay 30-60 mi. base pay +$3.30/hr. Over 60 mi. base pay +$5.30/hr. OPERATORS GROUP 2 , This Group includes but is not limited to: Air Doctor;Backhoe\Excavator\Shovel, to and incl. 3 cu.yds; Bit Grinder; Bituminous Paving Travel Plant; Boring Machine, Large; Broorn, Self-Propelled; Concrete travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatacher; Concrete Finish , Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader,1 cu.yds to and inc. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift , Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-propelled; Pugmill; Pumpcrete\Grout Machine; Punch Truck; Roller, Other than Asphalt; Roller, , Sheepsfoot {Self-Proplelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under Eft; Trenching Machine; Washing\Screening Plant. Wa a Benefit 9 District 1 $21.99 $8.00 District 2 $21.99 $8.00 District 3 $21.99 $8.12 District 4 $21.44 $8.05 ' District 5 $21.99 $6.65 District 6 $21.99 $5.61 District 7 $21.99 $8.55 ' District 8 $21.33 $6.65 District 9 $21.99 $8.55 District 10 $21.99 $8.55 ' 0 1 f~ 13 OPERATORS GROUP 3 This Group includes but is not limited to: Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; ' Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\ Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; ' Pioneer Dozer; Roller Asphalt (Breakdown & Finish) Rotomill, Over Eft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat. ' Wage Benefit District 1 $19.12 $5.50 District 2 $22.39 $8.55 District 3 $22.39 $8.55 District 4 $22.39 $8.55 District 5 $22.39 $6.65 District 6 $22.06 $6.72 District 7 $22.39 $8.55 District 8 $20.25 $6.65 District 9 $22.39 $8.55 ' District 10 $22.39 $8.55 OPERATORS GROUP 4 This Group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons-44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. Wa a Benefit 9 District 1 $23.05 $8.55 District 2 $23.05 $8.55 District 3 $23.05 $8.55 ' District 4 $23.05 $8.55 District 5 $23.05 $8.55 District 6 $23.05 $8.55 District 7 $23.05 $8.55 District 8 $23.05 $8.55 District 9 $23.05 $8.55 1 District 10 $23.05 $8.55 1 14 OPERATORS GROUP 5 This Group includes but is not limited to: Cranes, 45 tons to and incl.74 tons Wage Benefit District 1 $23.55 $8.55 District 2 $23.55 $8.55 District 3 $23.55 $8.55 District 4 $23.55 $8.55 District 5 $23.55 $8.55 District 6 $23.55 $8.55 District 7 $23.55 $8.55 District 8 $23.55 $8.55 District 9 $23.55 $8.55 District 10 $23.55 $8.55 OPERATORS GROUP 6 This Group includes but is not limited to: Cranes, 75 tons to and inc1.149 tons; Cranes, Whirley (ALL) Wage Benefit District 1 $24.65 $8.55 District 2 $24.65 $8.55 District 3 $24.65 $8.55 District 4 $24.65 $8.55 District 5 $24.65 $8.55 District 6 $24.65 $8.55 District 7 $24.65 $8.55 District 8 $24.65 $7.12 District 9 $24.65 $8.55 District 10 $24.65 $8.55 r 1 1 1 7 1 1 1 r 1 i~ 1 i~ ii ii i~ i~ 1 OPERATORS GROUP 7 This Group includes but is not limited to: Cranes, 150 tons to and incl. 250 tons; Cranes, Over 250 tons-Add $1.00 for every 100 tons over 250 tons; Crane Stiff-Leg or Derrick; Crane, Tower (All); Helicopter Hoist Wage Benefit District 1 $25.15 $8.55 District 2 $25.15 $8.55 District 3 $25.15 $8.55 District 4 $25.15 $8.55 District 5 $25.15 $8.55 District 6 $25.15 ~ $8.55 District 7 $25.15 $8.55 District 8 $25.15 $8.55 District 9 $25.15 $8.55 District 10 $25.15 $8.55 CONSTRUCTION LABORERS (47-2061) Travel for A!I Districts Free Zone (0-15 miles) Zone II (15-30 miles) Base Pay + $.65 Zone III (30-50 miles) Base Pay + $.85 Zone IV (>50 miles) Base Pay + $1.25 LABORERS GROUP 1 Flagperson Wage Benefit District 1 $15.15 $6.00 District 2 $17.95 $6.10 District 3 $12.87 $6.00 District 4 $15.15 $6.00 District 5 $15.15 $6.00 District 6 $15.15 $6.00 District 7 $15.15 $6.00 District 8 $15.15 $6.00 District 9 $15.15 $6.00 District 10 $15.15 $6.00 ' 16 LABORERS GROUP 2 ' This Group includes but is not limited to: General Labor, Asbestos Removal, Burning Bar, Bucket Man, CarpenterTender, Caisson Worker, Cement Mason Tender, Cement Handler (dry), ChuckTender, Choker Setter, , Concrete Worker, Curb Machine-lay Down, Crusher and Batch Worker, Heater Tender, Fence Erector, Landscape Laborer, Landscaper, Lawn Sprinkler Installer, Pipe Wrapper, Pot Tender, Powderman Tender, Rail and Truck Loaders and Unloaders, Riprapper, ' Sign Erection, Guardrail and Jersey Rail, Spike Driver, Stake Jumper, Signalman, Tail Hoseman, Tool Checker and Houseman and Traffic Control Worker Wage Benefit District 1 $16.84 $6.75 District 2 $16.30 $5.45 District 3 $15.65 $6.00 District 4 $16.05 $5.73 District 5 $15.80 $5.02 District 6 $16.04 $4.80 District 7 $19.62 $6.01 District 8 $15.41 $4.53 District 9 $18.84 $5.56 45 53 $4 t 10 $16 Di i ' . . str c LABORERS GROUP 3 ' This Group includes but is not limited to: ' Concrete Vibrator, Dumpman (Grademan), Equipment Handler, Geotextile and Liners, High-Pressure Nozzleman, Jackhammer (Pavement Breaker) Non-Riding Rollers, Pipelayer, Posthole Digger (Power) Power Driven Wheelbarrow, Rigger, Sandblaster, Sod Cutter-Power and Tamper Wage Benefit District 1 $18.04 $4.31 District 2 $18.35 $6.10 District 3 $15.79 $6.00 District 4 $16.10 $6.00 District 5 $19.39 $5.19 District 6 $21.34 $6.13 District 7 $20.19 $5.23 District 8 $19.30 $5.50 ' District 9 $19.32 $4.59 District 10 $19.09 $5.58 1 1 1 1 C~ 1 ~~ 17 LABORERS GROUP 4~ This Group includes but is not limited to: Hod Carrier, Water Well Laborer, Blaster, Wagon Driller, Asphalt Raker, Cutting Torch, Grade Setter, High- Scaler. Power Saws (Faller & Concrete) Powderman, Rock & Core Drill, Track or Truck Mounted Wagon Drill and Welder including air Arc. Wage Benefit District 1 $17.32 $4.46 District 2 $18.01 $6.10 District 3 $16.51 $6.00 District 4 $16.15 $6.00 District 5 $23.33 $6.10 District 6 $19.85 $6.17 District 7 $18.37 $5.83 District 8 $19.29 $6.10 District 9 $16.81 $5.61 District 10 $16.76 $5.31 *Hod Carriers will receive the same amount of travel and /or subsistence pay as Brick- layerswhen required to travel DRYWALL APPLICATORS (47-2081) Description: Apply plasterboard or other wallboard to ceilings or interior walls of buildings. Apply or mount acoustical tiles or blocks, strips, or sheets ofshock-absorbing materials to ceilings and walls of buildings to reduce or reflect sound. Materials maybe of decorative quality. Includes lathers who fasten wooden, metal or rockboard lath to walls, ceilings or partitions to provide support base for plaster, fire-proofing, or acoustical material. Wage Benefit District 1 $19.40 $8.25 District 2 $19.40 $8.25 District 3 $17.49 $7.90 District 4 $17.49 $7.90 District 5 $17.49 $7.90 District 6 $17.49 $7.90 District 7 $17.49 $7.90 District 8 $17.49 $7.90 District 9 $17.49 $7.90 District 10 $17.49 $7.90 18 , ELECTRICIANS:INCLUDING BUILDING , AUTOMATION CONTROL (47-2111) Description: Electrical Wiring, Equipment, and Fixtures Street Lights, Electrical Control Systems Wage Benefit ' District 1 $26.11 $7.05 District 2 $25.74 $8.44 District 3 $25.50 $10.14 District 4 $25.06 $8.27 District 5 $26.06 $9.18 District 6 $25.14 $9.46 District 7 $26.06 $9.66 District 8 $26.83 $10.43 District 9 $26.83 $10.43 District 10 $26.83 $10.43 Travel: Districts 1, 2 District 6 0-10 miles (Free Zone) 0-8 miles (Free Zone) 11-45 miles - $0.45/mile 9-60 miles - current Federal Government Over 45 miles - $45/day mileage reimbursement District 3 >60 miles - $55/day subsistence 0-10 miles (Free Zone) + Federal Government mileage 11-55 miles -current Federal reimbursementto job and return trip Government mileage reimbursement Districts 8, 9, and 10 >55 miles - $50/day subsistence 0-17 miles (Free Zone) + Federal Government mileage 18-60 miles - $0.485 per mile reimbursement to job and return trip >60 miles - $55/day subsistence + Districts 4, 5, and 7 $0.485 per mile reimbursement to job 0-8 miles (Free Zone) and return trip 9-60 miles -Federal rate >60 miles - $SO/day subsistence + Federal Government mileage reimbursementto job and return trip 1 1 19 ELEVATOR CONSTRUCTORS (47-4021) Wage Benefit District 1 $41.91 $16.47 Travel: District 2 $41.91 $16.47 District 3 $41.91 $16.47 All Districts District 4 $41.91 $16.47 Zone I: 0-25 miles - 1 /2 hour at the District 5 $41.91 $16.47 prevailing wage plus $0.25 at the District 6 $41.91 $16.47 Federal mileage rate. District 7 $41.91 $16.47 Zone II: 21-35 miles- 1/2 hour at the District 8 $41.91 $16.47 prevailing wage plus 40 miles at the District 9 $41.91 $16.47 Federal mileage rate. District 10 $41.91 $16.47 Zone III: Over 35 mi. $72.55/day FLOOR COVERERS (47-2042) Description: Apply blocks, strips, or sheets ofshock-absorbing, sound-deadening, or decorative coverings to floors, including carpets, and the scraping, sanding, and application of coats of finish to wooden floors See Painters for wages, benefits, per diem, and travel. GLAZIERS (47-2121) Description: ' Install glass in windows, skylights, store fronts, and display cases, or on surfaces, such as building fronts, interior walls, ceilings, and tabletops. See Painters for wages, benefits, per diem, and travel. HEATING AND AIR CONDITIONING (49-9021) Description: Install or repair heating, central air conditioning, or refrigeration systems, including oil burners, hot air furnaces, and heating stoves. See Sheet Metal Workers for wages, benefits, and travel. 20 ~. _. L__. INSULATION WORKERS-MECHANICAL-HEAT AND FROST (47-2132) Description: Apply insulating materials to popes or ductwork, or other mechanical systems in order to help control and maintain temperature. District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 Wage $23.34 $23.34 $23.34 $23.34 $19.00 $23.34 $23.34 $23.34 $23.34 $23.34 Benefit Travel: All Districts When work is performed, all employees will be paid $0.40 per mile up to a maximum of $154.00. $12.78 $12.78 $12.78 $12.78 $12.78 $12.78 $12.78 $12.78 $12.78 $12.78 Subsistence: $54/day for overnight stays on jobs 60+ miles from dispatch point When the employee travels on the employer's time in the employee's vehicle, the employee shall be paid $0.20 per mile. When an employee travels in a company provided vehicle with company fuel; the "Travel Allowance" shall not apply C 0 1 i~ STRUCTURAL IRON AND STEEL WORKERS (47-2221) ' Wage Benefit Travel: District 1 $23.17 $13.79 Districts 1 & 2 ' District 2 $23.17 $13.79 0-45 mi. free zone District 3 $23.25 $14.71 46-60 mi. $18/day District 4 $23.25 $14.71 61-100 mi. $40/day , District 5 $23.25 $14.71 Over 100 mi $50/day District 6 $23.25 $14.71 , District 7 $23.25 $14.71 Districts 3-10 District 8 $23.25 $14.71 Over 50 mi. $50/day District 9 $23.25 $14.71 ' District 10 $23.25 $14.71 Per Diem: $70/day 21 MILLWRIGHTS (49-9044) Description: Install, dismantle, or move machinery and heavy equipment according to layout plans, blueprints, or other drawings. Wage Benefit District 1 $21.90 $8.25 District 2 $21.90 $8.25 District 3 $19.49 $7.90 District 4 $19.49 $7.90 District 5 $19.49 $7.90 District 6 $19.49 $7.90 District 7 $19.49 $7.90 District 8 $19.49 $7.90 District 9 $19.49 $7.90 District 10 $19.49 $7.90 PAINTERS AND PAPERHANGERS (47-2141 & 47-2142) Wage Benefit Travel: District 1 $16.60 $5.80 All Districts District 2 $16.60 $5.80 0-10 mi. free zone District 3 $15.94 $8.19 Over 10 mi. $0.20/mi. District 4 $15.41 $5.80 District 5 $15.41 $5.80 Per Diem: District 6 $16.30 $3.61 $32/day with overnight stay District 7 $15.41 $5.80 District 8 $19.95 $10.62 District 9 $15.41 $5.80 District 10 $19.95 $10.62 22 PILE BUCKS (47-2099) Description: Set up crane, set up hammer, weld tips on piles, set leads, insure piles are driven straight with the use of level or plum bob. Will give direction to crane operator as to speed and direction of swing. Cut piles to grade. Wage Benefit District 1 $18.95 $8.25 District 2 $18.95 $8.25 District 3 $17.74 $7.90 District 4 $17.74 $7.90 District 5 $17.74 $7.90 District 6 $17.74 $7.90 District 7 $17.74 $7.90 District 8 $17.74 $7.90 District 9 $17.74 $7.90 District 10 $17.74 $7.90 PLASTERERS AND STUCCO MASONS (47-2161) Description: Apply interior or exterior plaster, cement, stucco, or similar materials. May also set ornamental plaster. Wage Benefit District 1 $18.29 $6.80 Travel: District 2 $18.29 $6.80 All Districts District 3 $19.40 $6.80 0-30 mi. free zone District 4 $18.29 $6.80 30-60 mi. $2.95/hr. District 5 $18.29 $6.80 Over 60 mi. $4.75/hr District 6 $18.29 $6.80 District 7 $18.29 $6.80 District 8 $18.29 $6.80 District 9 $18.29 $6.80 District 10 $18.29 $6.80 1 ~1 0 1 L [1 1 u 1 1 1 I~ 1 23 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS (47-2152) Description: Assemble, install, alter, and repair pipelines or pipe systems that carry water, steam, air, or other liquids or gasses. May install heating and cooling equipment and mechanical systems. Wage Benefit District 1 $25.21 $10.88 District 2 $25.21 $10.88 District 3 $26.25 $10.50 District 4 $26.25 $10.50 District 5 $26.25 $10.50 District 6 $26.25 $10.50 District 7 $26.05 $12.75 District 8 $26.05 $12.20 District 9 $26.05 $10.50 District 10 $26.05 $12.65 Travel: Districts 1 & 2 _ 0-30 mi. free zone 30-50 mi. $20/day 50-75 mi. $35/day Over 75 mi. $45/day 20+ miles using own vehicle gets paid $0.20 per mile. Per Diem: $70/day Districts 3, 4, 5, 6 0-40 mi. free zone 40-80 mi. $30/day 80+ mi.$60/day Pay is half of above if employer supplies vehicle ROOFERS (47-2181) Districts 7, 8, 9,10 $.55/mile from point of dispatch and return if using own vehicle Paid wages if using company vehicle Per Diem: $75/day (0-75 mile free zone) Wage Benefit Travel: District 1 $16.38 $7.95 Districts 1 & 2 District 2 $16.38 $7.95 0-50 mi. free zone District 3 $15.16 $6.80 Over 50 mi. $0.30/mi. District 4 $16.25 $2.12 Per Diem: District 5 $16.40 $6.35 $48 per overnight on job District 6 $15.27 $2.55 District 7 $16.86 $2.34 District 3 - 6 District 8 $16.40 $2.50 One way on employer's time District 9 $18.14 $2.86 Per Diem: District 10 $18.14 $2.64 $23/day + room cost Districts 7-10 No Rate Established Per Diem: No Rate Established 2 SHEET METAL WORKERS (47-2211) Description: Fabricate, assemble, install, and repair sheet metal products and equipment, such as ducts, control boxes, drainpipes, and furnace casings. Work may involve any of the following: setting up and operating fabricating machines to cut, bend. And straighten sheet metal; shaping metal over anvils, blocks, or forms using hammer; operating soldering and welding equipment to join sheet metal parts; inspecting, assembling, and smoothing seams and joints of burred surfaces. Includes sheet metal duct installers who install prefabricated sheet metal ducts used for heating, air conditioning, or other purposes. Wage Benefit District 1 $24.49 $10.56 District 2 $24.49 $10.56 District 3 $24.49 $10.56 District 4 $24.49 $10.56 District 5 $24.49 $10.56 District 6 $24.49. $ 9.99 District 7 $24.49 $10.56 District 8 $22.96 $ 9.67 District 9 $24.49 $10.56 District 10 $24.49 $10.56 Travel: All Districts 0-30 mi. free zone 30+ $0.25/mi. employer's vehicle; $0.55/mi in employee's vehicle Per Diem: $50/day per day out SPRINKLER FITTERS (47-2152) Wage Benefit Travel: District 1 $27.95 $13.85 All Districts District 2 $27.95 $13.85 0-60 mi. free zone District 3 $27.95 $13.85 60-80 mi. $15/day District 4 $27.95 $13.85 80-100 mi. $25/day District 5 $27.95 $13.85 Over 100 mi. $70/day Subsistence District 6 $27.95 $13.85 +$0.40/mi once to/from job site District 7 $27.95 $13.85 together with travel time at the rate of District 8 $27.95 $13.85 1/4 hour travel time for each 15 miles District 9 $27.95 $13.85 traveled. District 10 $27.95 $13.85 1 0 C 1 u 1 27 STONEMASONS (47-2022) Description: Build stone structures, such as piers, walls, and abutments. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. See Bricklayers for wages, benefits, and travel. TAPERS (47-2082) Description: Seals joints between plasterboard or other wallboard to prepare wall surface for paint- ing or papering. See Painters for wages, benefits, and travel. TEAMSTERS GROUP 2 (53-3032) Description: Drive atractor-trailer combination or a truck with a capacity of at least 26,000 GVW, to transport and deliver goods, livestock, or materials in liquid, loose, or packaged form. May be required to unload truck. May require use of automated routing equipment. Requires commercial drivers' license Wage Benefit Travel: District 1 $25.23 $5.50 All Districts District 2 $17.27 $6.49 0-30 mi. Base Pay District 3 $22.00 $6.49 30-60 mi. Base Pay + $2.50/hr District 4 $19.55 $5.50 Over-60 mi. Base Pay + $4.00/hr District 5 $18.84 $5.92 District 6 $22.73 $6.49 District 7 $22.73 $6.49 District 8 $19.92 $6.49 District 9 $22.73 $6.49 District 10 $22.73 $6.49 2 TELECOMMUNICATIONS EQUIPMENT INSTALLERS AND REPAIRERS, EXCEPT LINE INSTALLERS (49-2022) Description: Installation of voice, sound, vision, and data systems. This occupation includes burglar alarms, fire alarms, fiber optic systems, and video systems for security or entertainment. Wage Benefit District 1 $20.93 $6.79 Travel: District 2 $20.52 $5.34 All Districts District 3 $20.93 $6.79 Federal mileage reimbursement rate District 4 $20.93 $6.79 each way when using employee's District 5 $20.93 $6.79 vehicle District 6 $20.83 $6.88 District 7 $20.93 $6.79 Per Diem: District 8 $20.83 $6.88 Over night stay only -reimbursement District 9 $20.93 $6.79 for meals and lodging not to exceed District 10 $20.83 $6.88 $65 per day TILE AND MARBLE SETTERS (47-2044) Description: Apply hard tile, marble, and wood the to walls, floors, ceilings, and roof decks. Wage Benefit Travel District 1 $17.00 $2.00 All Districts District 2 $17.00 $8.80 0-40 mi. free zone District 3 $17.00 $8.80 Over40 mi. $60.00/day District 4 $17.00 $8.80 District 5 $17.00 $8.80 District 6 $17.00 $8.80 District 7 $17.00 $8.80 District 8 $17.00 $8.80 District 9 $17.00 $8.80 District 10 $17.00 $8.80 r 0 [] 1 ii 1 1 Labor Standards Bureau Montana Department of Labor and Industry Employment Relations Division P. O. Box 6518, Helena, MT 59604-6518 ' Ph: (406) 444-5600 TDD: (406) 444-5549 www.mtwa~ehourbopa.com ~~ This public document was produced for web distribution. Printed copies are available upon request, and are produced at an estimated cost of $0.38 per copy, which includes $0.38 for printing and $0.00 for distribution. r~ MISCELLANEOUS FORMS The following miscellaneous forms are provided for the CONTRACTOR's information. They will be used by the ENGINEER and OWNER in the administration of the construction contract. MISCELLANEOUS FORMS NOTICE OF AWARD ' NOTICE TO PROCEED CHANGE ORDER WORK CHANGE DIRECTIVE ' FIELD ORDER ORDER TO CONTRACTOR TO SUSPEND WORK ORDER TO CONTRACTOR TO RESUME WORK ' APPLICATION FOR PAYMENT CERTIFICATE OF SUBSTANTIAL COMPLETION CONTRACTORS CERTIFICATE AND RELEASE ' Miscellaneous Forms -Page 1 of 1 N:\0417\055\SPECS\DIV 0\MISC FORMS\1 Miscellaneous Forms Index.doc ' 8/26/08 Notice of Award Dated Project: Owner: Owner's Contract No.: Contrail: Engineer's Project No.: Bidder: Bidder's Address: (send Certified Mail, Retum Receipt Requested) You are notified that your Bid dated for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for (Indicate total Work, alternates or sections or Work awarded.) The Contract Price of your Contract is Dollars ($ ). (Insert appropriate data if Unit Prices are used. Change language for Cost-Plus contracts.) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date you receive this Notice of Award. 1. Deliver to the Owner [_~ fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), [and] General Conditions (Paragraph 2.01 and 5.01) [and Supplementary Conditions (Paragraph SC-2.01).] 3. Other conditions precedent: Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award and declare your Bid security forfeited. Within fifteen days after you comply with the above conditions, Owner will return to you two fully executed counterparts of the Contract Documents. Owner Bv: Authorized Signature Title Copy to Engineer Notice of Award -Page 1 of 1 N:\04171055\SPECS\DIV OWIISC FORMS\2 notice award c-510.doc 8/25/08 Notice to Proceed Dated Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address: [send Certified Mail, Return Receipt Requested] You are notified that the Contract Times under the above contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is_ and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is ,and the number of days to achieve readiness for final payment is 1. Before you may start any Work at the Site, Paragraph 2.01.8 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) Owner Received by: Given by: Authorized Signature (Title) Title (Date) Copy to Engineer Date Notice to Proceed -Page 1 of 1 N:\0417\055\SPECS\DIV OWIISC FORMS\3 notice,~rocd_o-550.doc 8/25/08 ' CHANGE ORDER No. DATE OF ISSUANCE EFFECTNE DATE OWNER CONTRACTOR Contract: Project: ENGINEER 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: CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates Net change from previous Change Orders No. _ to No. _- Substantial Completion: Ready for fmal payment: da s Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: da s or dates Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR (Authorized Signature) Date ' RECOMMENDED BY: APPROVED BY: ' (ENGINEER -Signature) Date OWNER (Authorized Signature) Date ' EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. ' Page 1 of 2 N:\0417\055\SPECS\DIV 0\MISC FORMSk1 COB Change Order Form.doc CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. Page 2 of 2 N:\0417\055\SPECS\DIV OWIISC FORMS\4 COB Change Order Form.doc ~. - Work Change Directive No. ' Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: ' Contract: Date of Contract: ' Contractor. Engineer's Project No.: ' You are directed to proceed promptly with the following change(s): Item No. Description Attachments (list documents supporting change): ' Purpose for Work Change Directive: Authorization for Work described herein to proceed on the basis of Cost of the Work due to: Nonagreement on pricing of proposed change. Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. ' Estimated change in Contract Price and Contract Times: Contract Price $ (increase/decrease) Contract Time (increase/decrease) days 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: ' Work Change Directive -Page 1 of 1 N:\0417\055\SPECS\DIV 0\MISC FORMS\5 wrk direct c-940.doc ' 8/25/08 Field Order No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: ' Contract: ; Date of Contract: ' Contractor: Engineer's Project No.: ' Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.05A., 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) /Detail(s)) ' Description: Attachments: ' Engineer: ' Receipt Acknowledged by (Contractor): Date: ' Copy to Owner Field Order -Page 1 of 1 N:\0417\055\SPECS\DIV 0\MISC FORMS\6 field order c-942.doc ' 8/25/08 i~ ~i ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number ' Morrison-Maierle, Inc. Project Number TO: OWNER: Suspend Work Order No. DATE: PROJECT AND LOCATION ' 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 calendardayshavebeen used and there remain calendar days in which to complete the contract. ' Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. ' CONTRACTOR OWNER Receipt Acknowledged, Date: BY: ' BY: TITLE: TITLE: Address for Correspondence: cc: Morrison-Maierle, Inc. ' Order to Contractor to Suspend Work -Page 1 of 1 N:\0417\055\SPECS\DIV 0\MISC FORMS\7 suspend_wrk.doc ' 8/25/08 i~ II ORDER TO CONTRACTOR TO RESUME WORK I' Federal/State Project Number 0 Morrison-Maierle, Inc. Project Number TO: OWNER: DATE: Resume Work Order No. PROJECT AND LOCATION 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 Receipt Acknowledged, Date: BY: TITLE: i~ i~ i~ i~ i~ cc: Morrison-Maierle, Inc. OWNER RY• TITLE: Address for Correspondence: Order to Contractor to Resume Work -Page 1 of 1 N:\0417\055\SPECS\DIV 0\MISC FORMS\9 resume_wrk.doc 8/25/08 J 7 APPLICATION FOR PAYMENT (Periodic Cost Estimate) Page 1 of 2 pages 1. Owner's Name and Address 5. (Insert Fed Proj #) 2. Official Name and Location of Project: 6. Application No. 3. Contractor's Name and Address: 7. Period Ending: 8. Date Prepared: 9. Percent Complete: 10. M-M No. 4. Description of Work 11. Orig. Contract Amount' 12. Contract Time: 13. Dates 14. No. Days Contractor is A. Work to Start: B. Work Started C. Completion Due: D. Est. or Act. Comp: Ahead: In Arrears: 15. Breakdown of Application for Payment ITEM Original Proposal Revised Work Performed to Date NO. DESCRIPTION OF WORK QNTY UNIT UNIT PRICE AMOUNT QNTY AMOUNT QNTY AMOUNT 16. CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment number 1 through _ inclusive; (2) title to all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of paymentfree and clear of alt liens, claims, security interest and encumbrances (except such as are covered by Bond acceptable to OWNER indemnifying OWNER against any such lien, claim, security interests or encumbrance) (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents; and (4) there are no claims far extra work, delays, omitted items or of any nature against the OWNER or ENGINEER not set forth herein unless expressly stated otherwise in this Application for Payment. DATE: CONTRACTOR: TITLE: SIGNATURE: 17. Payment of Amount Due CONTRACTOR (Page ~ is recommended. DATE: ENGINEER: Morrison-Maierle, Inc. TITLE: SIGNATURE: Application for Payment C-620 -Page 1 of 3 ' N:\0417\055\SPECS\DIV 0\MISC FORMS\8 appl_for_payl_c-620.doc 8/25/08 APPLICATION FOR PAYMENT (Periodic Cost Estimate) Page 2 of 2 pages (Continuation Sheet) 1. Sponsor's Name Official Name of Project 5. [Insert Fed. Proj.#] 15. Breakdown of Application for Payment 6. Application No. COMPLETED TO DATE, ORIGINAL CONTRACT ITEMS COMPLETED TO DATE, CHANGE ORDERS PLUS MATERIALS ON SITE TOTAL COMPLETED TO DATE LESS DEDUCTIONS (1) Retained (5%) (2) Liquidated Damages (3) Retesting TOTAL AMOUNT DEDUCTED TOTAL AMOUNT EARNED TO DATE LESS PREVIOUS PAYMENTS NET AMOUNT DUE THIS ESTIMATE 1% STATE TAX (withheld this estimate) NET AMOUNT DUE CONTRACTOR ACCOMPANYING DOCUMENTATION: Application for Payment C-620 -Page 2 of 3 N:\0417\055\SPECS\DIV OUVIISC FORMS\8 appl_for pay1_c-620.doc 8/25/08 7 ii 0 C I' ~'~ i-i u 0 APPLICATION FOR PAYMENT INSTRUCTIONS A. GENERAL INFORMATION The sample form of Schedule of Values in intended as a guide only. Many projects require a more extensive form with space for numerous items, descriptions of Change Orders, identification of variable quantity adjustments, summary of materials and equipment stored at the site and other information. It is expected that a separate form will be developed by Engineer and Contractor at the time Contractor's Schedule of Values is finalized. Note also that the format for retainage must be changed if the Contract permits (or the law provides), and Contractor elects to deposit securities in lieu of retainage. Refer to Article 14 of the General Conditions for provisions concerning payment to Contractor. B. COMPLETING THE FORM The Schedule of Values, submitted and approved as provided in paragraphs 2.05.A.3 and 2.07.A.3 of the General Conditions should be reproduced as appropriate in the space indicated on the Application for Payment form. Note #hat the cost of materials and equipment is often listed separately from the cost of installation. Also, note that each Unit Price is deemed to include Contractor's overhead and profit. All Change Orders affecting the Contract Price should be identified and included in the Schedule of Values as required for progress payments. The form is suitable for use in the Final Application for Payment as well as for Progress Payments; however, the required accompanying documentation is usually more extensive forfinal payment. All accompanying documentation should be identified in the space provided on the form. C. LEGAL REVIEW All accompanying documentation of a legal nature, such as Lien waivers, should be reviewed by an attorney, and Engineer should so advise Owner. Application for Payment C-620 -Page 3 of 3 N:\0417\055\SPECS\DIV 0\MISC FORMS\8 appl for_payl_c-620.doc 8/25/08 i~ i~ Certificate of Substantial Completion Owner: Owners Contrail No.: Project: Contract: Date of Contract: Contractor: Engineer's Projeil No.: This [tentative] [definitive] Certificate of Substantial Completion applies to: ^ All Work under the Contract Documents: ^ The following specified portions: Date of Substantial Completion i~ ii i~ i~ The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [revised tentative] [definitive] list of items to be completed or corrected, is attached hereto. This list may not be all- inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: ^ Amended Responsibilities ^ Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date Certificate of Substantial Completion -Page 1 of 1 N:\0417\055\SPECS\DIV OWIISC FORMS\10 cert_sub_comp_c-625.doc 8/25/08 CONTRACTOR'S CERTIFICATE AND RELEASE FROM: (Name of Contractor) TO: [.Insert Owner's Name and Address] REFERENCE CONTRACT NUMBER 20 ,between the [Owner's Name] and of (City) (State) (Name of Contractor) for the purpose of (Type of Operation) within the [limits of the City of (Project Location)]. KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned hereby certifies that there is due from and payable by the [Insert Owner's Name] to the Contractor under the Contract and duly approved Change Orders and modifications the balance of 2. The undersigned further certifies that in addition to the amount set forth in Paragraph I, there are outstanding and unsettled the following items which he claims are just and due owing by the [Insert Owner' Name]: (a) (b) (c) (d) (Itemize claims and amounts due. If none, so state) Contractor's Certificate and Release -Page 1 of 3 N:\0417\055\SPECS\DIV 0\MISC FORMS\11 cert_&_release.doc 8/25/08 entered into the day of , 3. The undersigned further certifies that all work required under this Contract including ' work required under Change Orders numbered: ,and ,has been performed in accordance with the terms thereof, and that there are no unpaid , claims for materials, supplies or equipment and no claims of laborers or mechanics for unpaid wages arising out of the performance of this Contract, and that the wage rates paid by the Contractor and all Subcontractors were in conformity with the ' Contract provisions relating to said wage rates. 4. Except for the amounts stated under Paragraphs I and II hereof, the undersigned ' has received from the [Insert Owner's Name] all sums of money payable to the undersigned under or pursuant to the above-mentioned Contract or any modification or change thereof. ' 5. That in consideration of the payment of the amount stated in Paragraph I hereof the undersigned does hereby release the [Insert Owner's Name] from any and all claims ' arising under or by virtue of this Contract, except the amount listed in Paragraph II hereof, provided, however, that if for any reason the [Insert Owner's Name] does not pay in full the amount stated in Paragraph I hereof, said deduction shall be ' automatically included under Paragraph II as an amount which the Contractor has not released but will release the [Insert Owner's Name] from any and all claims of any nature whatsoever arising out of said Contract or modification thereof, and will , execute such further releases or assurances as the [Insert Owner's Name] may request. Further, in consideration of the payment of the amount stated in Paragraph I hereof, the undersigned agrees to hold the [Insert Owner's Name] , harmless from any and all costs, liability or expense of any kind in any way arising out of the contract referenced herein, or any subcontracts awarded pursuant thereto. ' IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this ' da of , 20_. Y , Contractor ( ) ' Si nature ( 9 ) (Title) being first duly sworn on oath, deposes and ' says, first, that he is the of the , (Title) (Name of Company) Contractor's Certificate and Release -Page 2 of 3 N:\0417\055\SPECS\DIV OWIISC FORMS\11 czrt & release.doc 8/25/08 ' 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 My commission expires (Notary) Contractor's Certificate and Release -Page 3 of 3 N:\0417\055\SPECS\DIV 0\MISC FORMS\11 cert_&_release.doc 8/25/08 20 1 SECTION 01010 DIVISION 1 -GENERAL REQUIREMENTS SUMMARY OF WORK ' PARTI GENERAL CI ii n [l i1 iJ 1.01 SECTION INCLUDES: A. Organization And Interpretation Of Contract Documents B. Standard Specifications And Technical Provisions C. Other Specifications D. Work Covered By Contract E. Time For Completion And Liquidated Damages F. (Section Not Used) G. Boundaries Of Work H. Protection Of Site I. Salvageable And Non-Salvageable Items J. OSHA Regulations K. Contaminated Materials L. Underground/Aboveground Facilities M. Miscellaneous Surface Improvements, Public Services N. Field Office Facilities O. Temporary Facilities P. Site Access 1.02 ORGANIZATION AND INTERPRETATION OF CONTRACT DOCUMENTS A. Specifications and Drawings included in these Contract Documents establish the performance, quality requirements, location and general arrangement of materials and equipment, and establish the minimum standards for quality of workmanship and appearance. B. Specification sections have not been divided into groups for work of subcontractors or various trades. Should there be questions concerning the. applicability or interpretation of a particular section or part of a section or Drawing, direct questions to the Engineer. C. Piping and electrical conduit work shown on the Drawings is intended to be depictive and may not be an exact and complete representation of the actual finished work. Include fittings, joints, supports, nuts, bolts, and other accessories required to provide complete and satisfactory piping and conduit systems, as specified, even though some items may not be specifically shown on the Drawings. D. Apart of the work that is necessary or required to make each installation satisfactory and operable for its intended purpose, even though it is not specifically included in the Specifications or on the Drawings, shall be performed as incidental work as if it were described in the Specifications and shown on the Drawings. ' 01010 -Page 1 of 9 N:\0417\055\SPECS\DIV 1\SEC01010.doc 8/26/2008 SECTION 01010 ' DIVISION 1 -GENERAL REQUIREMENTS SUMMARY OF WORK 1.03 STANDARD SPECIFICATIONS AND TECHNICAL PROVISIONS ' A. The Montana Public Works Standard Specifications (MPWSS), Fifth Edition, March 2003, shall apply on this project, subject to the modifications and ' additions provided in the City of Bozeman Modifications to Montana Public Works Standard Specifications, Fifth Edition, dated March, 2004, including Addenda Nos. 1, 2 & 3. All of the above are incorporated herein by , reference and shall be subject to the modifications and additions provided in the following Technical Specifications. Co ies of the MPWSS are available from: ' p Associated General Contractors of America , Montana Contractors Association 1717 11th Avenue ' Helena, Montana 59601 Telephone: (406) 442-4162 Copies of the City of Bozeman Modifications to Montana Public Works ' Standard Specifications are available from: City of Bozeman, Engineering Department , 20 East Olive Bozeman, MT 59715 ' Telephone: (406) 582-2280 B. Technical Provisions: The Technical Provisions are defined as all of the ' technical specifications (Divisions 1 through 16) incorporated into this Project Manual, and are hereby made a part of this contract. C. All work, unless otherwise specified in this Project Manual, shall be , completed in accordance with the Standard Specifications as amended by the Technical Provisions. In performance of the work, the Technical ' Provisions shall take precedence over the Standard Specifications. D. If, during the performance of the work, the Contractor finds a conflict, error or , discrepancy between the Standard Specifications and the Technical Provisions or between any portions thereof, the conflict, error, or discrepancy shall be reported to the Engineer before proceeding with the affected work. ' The Contractor may proceed with the affected work upon receiving a clarification from the Engineer. E. Any subsequent addenda issued after the publication date of these Technical Provisions shall take precedence over the Technical Provisions and the Standard Specifications. , 01010-Page2of9 ' N:\0417\055\SPECS\DIV 1\SEC01010.doc 8/26/2008 i~ i~ i~ i~ i~ i~ SECTION 01010 DIVISION 1 -GENERAL REQUIREMENTS SUMMARY OF WORK 1.04 OTHER SPECIFICATIONS A. Other published specifications, regulations or test methods referred to in the Project Manual, the Standard Specifications or on the Drawings shall be made a part of the Contract Documents by such reference. 1.05 WORK COVERED BY CONTRACT A. Work Covered by Contract. The work under this Contract consists of rehabilitation of on the existing 147' diameter concrete Sourdough Water Tank including the repair of the existing prestressed dome ring, installation of additional prestressed strand restraints and shotcrete, and epoxy adhesive injection spot repair of the existing tank exterior. The work is scheduled to be constructed and completed during the fall of 2008 under a single contract. ' B. Nature of Work. Due to the nature of this project, in making repairs to existing structure that ' may be in an ofd or a deteriorated condition, it is not uncommon to experience leaks or other problems with the existing structure while the repair work is being performed. The Contractor shall conduct his work under ' active facility conditions. ' If emergency type repairs are needed to keep the existing water tank and distribution system in service, the Owner should be contacted immediately to shut down the existing system. The Contractor will be required to conduct ' the repairs in an expeditious manner. Refer to Section 01560, ENVIRONMENTAL QUALITY CONTROL for ' additional Contractor's responsibilities for storm water discharge associated with construction activity. ' 1.06 TIME FOR COMPLETION AND LIQUIDATED DAMAGES A. Time for completion shall be as specified in the Bid Form and the ' Agreement. B. Liquidated damages shall be as specified in the Bid Form and the Agreement ' Form. ' 01010-Page3of9 N:\0417\055\SPECS\DIV 1\SEC01010.doc 8/26/2008 SECTION 01010 , DIVISION 1 -GENERAL REQUIREMENTS SUMMARY OF WORK 1.07 (SECTION DELETED) ' 1.08 BOUNDARIES OF WORK :, A. The Owner shall provide rights-of-way for the work specified in this Contract and make suitable provisions for ingress and egress, and the Owner shall _' not cause the Contractor to enter or occupy with workers, tools, equipment or material, any ground outside the rights-of-way of the Owner without the written consent of the owner of such ground. The approximate location of ' the boundaries of work is shown on the Drawings. The final location and extent of the areas to be used shall be staked by the Engineer. Other contractors and employees or agents of the Owner may for all necessary ' purposes enter upon the premise provided for the Contractor, providing the operations of other contractors do not interfere with the actual scheduled operations. The Contractor shall conduct his work so as not to unduly , impede any work being done by others on or adjacent to the site. B. It shall be understood that the responsibility for protection and safekeeping of , equipment and materials on or near the site will be entirely that of the Contractor and that no claim shall be made against the Owner or the ' Engineer by reason of any act of an employee or trespasser. C. The Contractor shall be solely responsible for obtaining and shall pay all ' costs in connection with any additional work area, storage sites, access to the site, or temporary right-of-way, which may be required for proper completion of the work. , D. The work is located on public and private property on public right-of-way, easements and temporary construction permits obtained by the Owner. The ' physical limits of construction and conditions of use are dictated by the permits and easements and are summarized in the plans and Section 00910, Special Provisions. , The Contractor shall confine all construction operations to within said public right-of-way, easements or permit limits or, at his own expense, make special , written arrangements with property owners or the appropriate public agency for his use of additional area. The Contractor shall furnish Ownerwith copies of said written special arrangements prior to expanding his operations , beyond the limits for which the Owner has obtained easements or permits. 1.09 PROTECTION OF SITE ' A. Except as otherwise provided herein, the Contractor shall take all necessary precautions and provide all material and equipment to protect, shore, brace, ' support and maintain all public and private property in the proximity or 01010-Page4of9 ' N:\0417\055\SPECS\DIV 1\SEC01010.doc 8/26/2008 SECTION 01010 DIVISION 1 -GENERAL REQUIREMENTS SUMMARY OF WORK otherwise affected by the construction work performed by him. The Contractor shall remove from the site all unused materials. ' B. Also see Section 01040, COORDINATION AND SITE CONDITIONS. 1.10 SALVAGEABLE AND NON-SALVAGEABLE ITEMS A. Any items determined to be salvageable during the progress of the work shall be removed by the Contractor from the existing system under the work of this Contract. These items shall remain the property of the Owner and shall be delivered by the Contractor to a site of the Owner's choosing within the property limits of said Owner. Should. the Owner choose not to accept any ' salvageable items, the Contractor shall dispose of those items at an approved site or landfill. B. Any non-salvageable items exposed during the work shall be removed from the trench and disposed of at an approved site or landfill. All old piping and materials removed from the trench as a result of the work shall be removed from the site and disposed of at an approved landfill. All waste asphalt materials, concrete materials, and other products. shall be disposed of at disposal sites that are in compliance with all current Owner, County, State and Federal Regulations. C. Any Contractor's costs associated with any of the above work shall be ' considered incidental to the work. ' 1.11 OSHA REGULATIONS A. General: The Contractor will be required to comply with the current the ' Occupational Safety and Health Administration Construction Standards. Any conflicting information between the OSHA document and these Contract ' Documents shall be revised so that the OSHA document requirements supersede and take precedence over all other conflicting information. The Contractor shall be required to obtain copies of the OSHA document and to ' complete his review of the same to avoid misinterpretation of their regulations. ' If there are any discrepancies between the Geotechnical Reports, Document 00200 and other sections of these Contract Documents, the other sections of these Contract Documents shall supersede Section 00200. 01010-Page5of9 N:\0417\055\SPECS\DIV 1\SEC01010.doc 8/26/2008 SECTION 01010 DIVISION 1 -GENERAL REQUIREMENTS SUMMARY OF WORK B. Hazardous Atmospheres: The Contractor shall prevent employee exposure to potentially harmful levels of atmospheric contaminants and assure acceptable atmospheric conditions by complying with the requirements of 29 CFR, Part 1926, Subpart P. Monitoring equipment shall be supplied as a requirement of this project. 1.12 CONTAMINATED MATERIALS A. General: If contaminants are encountered, the Contractor shall provide notice to the Engineer, the Owner, and the Montana Department of Health and Environmental Sciences (MDHES). B. If contaminants are encountered during the project (such as hazardous substances or wastes), the situation will be addressed by the Owner at the time of discovery. 1.13 UNDERGROUND AND ABOVEGROUND FACILITIES A. Gas, Power, Telephone, etc., Municipal, and Private Utilities -Responsibility of Contractor: No aboveground facilities are shown on these plan sheets except for what may be discernible from the aerial photographs. These aboveground facilities shall be identified or verified by field examination by the Contractor and it shall be his responsibility to be cognizant of these aboveground facilities for both location and clearance. Section 02114, MPWSS. 5th Edition shall be revised to: Require that the Contractor request from the private utility companies any relocation work that the Contractor believes is necessary to protect the facility in question. Any expense incurred by the Contractor as a result of conflict with aboveground facilities shall be reflected in the Contractor's bid as incidental work. The Contractor shall be responsible for requesting to the City of Bozeman and to the owner of all public and private facilities, as to the location of such facilities, i.e. water service lines, irrigation system lines, valve boxes, sanitary sewer services, gas lines, underground telephone lines, etc. The Contractor shall be solely responsible for any damage done to such facilities due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the companies and to keep them informed of his 01010-Page6of9 N:\0417\055\SPECS\DIV 1\SEC01010.doc 8/26/2008 1 1 1 1 ' SECTION 01010 DIVISION 1 -GENERAL REQUIREMENTS SUMMARY OF WORK ' construction activities so that these vital facilities are fully protected and remain operational at all times. ' A Montana-One Call System has been set up to facilitate requests or underground facilities locate information. The Contractor is cautioned that all utilities are not on this system. The One Call System requires a minimum of ' 48 hours notification. Other utilities not on this system vary in the amount of notification required. The Contractor is advised to contact all utilities to determine their individual requirements. A list of representatives to contact for information regarding facilities is as follows:. Montana-One Call System Dispatcher 1-800-424-5555 Nothwestern Energy 1-800-424-5555 ' QWest (including Fiber Optics) 1-800-424-5555 City of Bozeman 1-800-424-5555 ' It shall be the responsibility of the Contractor to protect all existing facilities and to complete backfill restoration around any exposed or disturbed facilities with materials and methods acceptable to the Owner or party ' responsible for the facility. Any specified sand or select backfill materials or hand compaction methods shall be included in the facility crossing items. ' Any note on the plan sheets that explains that "exact vertical location of the buried utility is unknown" shall be understood that probable extra care shall be needed for these crossings for location in the field. The costs for this ' work shall be taken into account by the Bidder and shall be considered incidental to the Underground Crossings Bid Item. Exploration shall not be paid for any of these utilities identified in the above manner. ' 1.14 MISCELLANEOUS SURFACE IMPROVEMENTS, PUBLIC SERVICES ' A. Water Valve Boxes and Vault Structures: Water lines, valves, and Vault structures shown on plans have been located as accurately as possible, but ' it shall be the responsibility of the Contractor to verify them during construction. ' Prior to the beginning of operations and upon request by the Contractor, all known valves and vaults will be located and marked in the field by the City of Bozeman. Once the Contractor has been shown their exact location, he ' shall be wholly responsible for these valves and manholes through all phases of construction including keeping them adjusted down out of the way of traffic and in working order at all times so that the City of Bozeman can use them ' during construction should the need arise. The Contractor shall exercise ' 01010-Page7of9 N:\0417\055\SPECS\DIV 1\SEC01010.doc 8/26/2008 SECTION 01010 ' DIVISION 1 -GENERAL REQUIREMENTS SUMMARY OF WORK adequate care of these facilities so that they do not become filled with dirt or become broken. Should any structures not shown on the plans or not located in the field by the City of Bozeman be encountered during operations, the Contractor shall promptly notify the City of Bozeman of the existence of such a valve or manhole. It shall be the responsibility of the Contractor to exercise adequate ' care of these facilities so they do not become filled with dirt or become broken. B. For an work areas near overhead power lines, the Contractor shall comply Y with all safety regulations. ~ ' All poles that may have excavation work beside it should be secured during the excavation process. All work associated with securing of utility poles shall be considered incidental to work and no separate measurement and ' payment shall be made. The Contractor should recognize the dangers that exist when working in the proximity of the lines. OSHA also requires supplemental protection or ' de-energization of power lines when working within 10 feet of them. All work of this Section shall be considered incidental to the work and no , separate measurement and payment shall be made. C. All work of this Section shall be considered incidental to the other work and ' no separate measurement and payment shall be made, except as specifically identified and included for payment under Section 00300, BID ' FORM and Section 01025, MEASUREMENT AND PAYMENT. 1.15 FIELD OFFICE FACILITIES ' A. The Contractor shall supply the Engineer with a copy of any temporary land use agreement between the Contractor and Property Owner for his field ' office location(s). B. The Contractor does not need to provide a temporary field office for the , Engineer. 1.16 TEMPORARY FACILITIES ' A. The Contractor shall be responsible for supplying his own office, toilet and storage facilities at the site. The Contractor shall also be responsible for ' providing potable water and water needed for construction purposes.. All expenses for connection of electrical service, telephone or other temporary services shall be the responsibility of the Contractor. The Contractor shall remove all traces of these facilities prior to completion of the project. 01010 -Page 8 of 9 , N:\0417\055\SPECS\DIV 1\SEC01010.doc 8/26/2008 SECTION 01010 DIVISION 1 -GENERAL REQUIREMENTS SUMMARY OF WORK B. Also see Section 01500, CONSTRUCTION FACILITIES AND TEMPORARY CONTOLS. 1.17 SITE~ACCESS A. The Contractor- shall be responsible for determining the adequacy of all roads and bridges used in moving equipment and materials to the construction site. The Contractor shall provide alternative methods of access, such as temporary crossings, for any equipment that exceeds the capacity of existing access facilities. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION 01010 N:\0417\0551SPECS\DIV 1\SEC01010.doc 8/26/2008 01010-Page9of9 ~~I SECTION 01019 DIVISION 1 -GENERAL REQUIREMENTS CONTRACT CONSIDERATIONS PART1 GENERAL 1.01 SECTION INCLUDES A. Cash Allowances B. Work Sequence Schedule Restrictions/Time/Liquidated Damages C. Adverse Weather Shutdown 1.02 RELATED SECTIONS A. Document 00500 -Agreement Form. B. Section 01035 -Change Order Procedures. C. Section 01300 -Submittals. 1.03 CASH ALLOWANCES A. None 1.04 WORK SEQUENCE SCHEDULE RESTRICTIONS/TIME/LIQUIDATED DAMAGES A. General: The Contractor shall complete his work within the time stated in the BID FORM afterthe Notice to Proceed is issued. Scheduling restrictions are identified in the Special Provisions. All references to "Days" shall be clarified to be Calendar Days. B. Time: The contract time provided for the construction completion of this project is based on the Contractor working 5 days a week, 8 hours per day (40 hours per week maximum). Should the Contractor or his subcontractor desire to work more than 8 hours per day, or on the designated off days, then pre-approval to do so must be requested from the Engineer and the Owner. Neither the Engineer nor the Owner shall be-under any obligation of approval of the requested extra work, and both parties must approve the request before the extended work hours beyond 8 hours per day or 40 hours per week will be permitted. For work weeks that are less than 5 days as a result of Holidays or weather delays, or should Contractor desire to work on a schedule other than five 8 hour days, an adjustment may be allowed, if requested by the Contractor and approved by Owner and Engineer, to work up to 10 hours per day maximum for up to a 40 hour week. N:10 41 710 5 51SPECSIDIV 11SEC01019.doc 8/26/08 01019 -Page 1 of 3 SECTION 01019 DIVISION 1 -GENERAL REQUIREMENTS CONTRACT CONSIDERATIONS All work shift times of the Prime Contractor and his subcontractors shall coincide with each other to prevent extending the total hours of work in a single day. To recognize noise level concerns in these project areas, the shift shall begin no earlier than 7:00 a.m. nor end no later than 7:00 p.m., unless emergency conditions exist. The designated off days shall be all weekends and the following national holidays: New Years' Day Martin Luther King Presidents' Day Memorial Day Independence Day Labor Day Columbus Day Day Veterans' Day Thanksgiving Day Christmas Eve Christmas Day C. Liquidated .Damages: 40 Hour Work Week. The provisions of this contract provide 40 hours per week for Contractor and his subcontractors to complete their work. •Any work in excess of 40 hours is a violation of these contract documents, unless written approval is provided by both the Owner and Engineer allowing such overtime work. The basis for approval of overtime work will be: 1) the impact such overtime work will have on the public community, 2) the impact such overtime work will have on the project schedule, and 3) the extra costs to the Owner that result from such overtime work. Costs to the Owner that will be considered are direct expenses, overtime labor costs incurred by the Owner for maintaining staff onsite (if necessary), and expenses incurred by the Owner for additional manpower by the Engineer. Work in excess of 40 hours per week, without the approval of both the Owner and Engineer, will result in a liquidated damage costs charged to the Contractor. The extra engineering cost associated with this work shall be in accordance with the rates provided in Section 00300 -Bid Form. These costs shall be limited to the actual additional engineering costs incurred by the Owner. Should the Contractor complete the work in a period of time such that no additional engineering costs are incurred by the Owner for the overall project, the Contractor will not be assessed for the overtime hours worked. In this case, the withholdings will be refunded. 01019-Page2of3 N:10 41 710 5 51SPECSIDIV 11SEC01019.doc ' 8126/08 I~ SECTION 01019 DIVISION 1 -GENERAL REQUIREMENTS CONTRACT CONSIDERATIONS ' 1.06 ADVERSE WEATHER SHUTDOWN ' The Contractor is advised that should he request an adverse weather shut down and should.such a shut down be approved by the Engineer, all work on the project shall cease. The Engineer will not be available for work ' inspection during such shut downs and any work completed by the Contractor during such a shut down will not be accepted by the Engineer. ' In no case will an adverse weather shut down be approved by the Engineer when construction work is only partially completed, unless otherwise approved by the Engineer. Where the Engineer decides it is necessary, the Contractor shall restore all utility services to users in the construction area, and open up traffic access in the construction area. S The Owner shall reserve the right to order a seasonal shutdown if the work cannot be performed in a manner to comply with the specifications, as a result of seasonal weather, or if there are reasonable expectations that public ' services will be adversely affected if a shutdown is not ordered. Atypical seasonal shutdown would occur from November 1 thru April 1 on projects involving water mains and large volume paving. This condition is considered ' typical for construction projects of this region, and no claim for project delays shall be made by.the Contractor in the event of a seasonal shutdown. PART 2 PRODUCTS ' Not used PART 3 EXECUTION ' Not used END OF SECTION 01019 0 ii 01019-Page3of3 ' N:1041710551SPECSIDIV 11SEC01019.doc 8/26/08 u SECTION 01025 DIVISION 1 -GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT PART1 GENERAL 1.01 SCOPE ' A. This section describes the method of measurement and basis of payment for all work covered by the Contract Documents. ' B. For the purposes of this Contract, this Measurement and Payment Section shall govern and take precedence over all other references to measurement and payment (with exception to the Supplementary Provisions and any ' addenda) referenced in these specifications or the Montana Public Works Standard Specifications (MPWSS), Fifth Edition, March 2003 with the modifications and additions provided in the City of Bozeman Modifications to ' Montana Public Works Standard Specifications, Fifth Edition, dated March 2004, including Addenda Nos. 1, 2, & 3. 1.02 BID PRICES A. The bid price for each item of the Contract in the Bid Form shall cover all ' work shown on the Drawings and required by the specifications and other Contract Documents. All costs in connection with the work, including furnishing all materials, equipment, supplies and appurtenances; providing all required construction support plants, equipment, and tools; constructing and . maintaining dewatering systems; performing all necessary labor and ' supervision to fully complete the work; and all sales and use and contractor taxes, license and permit costs and fees, shall be included in the unit and/or lump sum prices bid in the Bid Sheet Schedules. The amounts shown on the ' Bid Sheet Schedules shall be the contract price. B. No item that is required by the Contract Documents for the proper and successful completion of the work will be paid for outside of, or in addition to, the prices submitted in the bid. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid. ' 1.03 ESTIMATED QUANTITIES A. All estimated quantities stipulated in the Bid Sheet `Schedules or other ' Contract Documents are approximate and are to be used; (1) only as a basis for estimating the probable cost of the work and (2) for the purpose of comparing the bids submitted for the work. ' 1.04 BASIS OF MEASUREMENT AND PAYMENT ' A. Lump Sum Items: Portions of the work in the Contract are based on lump sum priced bid items for construction activities and materials required to ' 01025 -Page 1 of 3 N:1041T055\SPECS\DIV 1\SEC01025.doc 8/26/2008 SECTION 01025 DIVISION 1 -GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT , complete the work described in the Contract Documents. No measurement of Lump Sum bid items contained in this Contract will be made. Progress of completion on Lump Sum bid items, or the approved schedule of values as applicable, shall serve as the basis of measurement. Payment shall be at the lump sum price bid for each item and shall include all labor, materials, ' equipment, and incidentals required to complete the item. B. Unit Price Items: Portions of the work in this Contract are based on unit ' priced bid items for construction activities and materials required to complete the work described in the Contract Documents. The unit priced bid is broken down into separate items for the purpose of progress payments and for the , information of the Owner. Measurement of specified units, fully completed in accordance with the Contract Documents, including testing, shall be made for each Unit Priced bid item and shall serve as the basis of progress ' completion for Unit Priced bid items. Payment for the items shall include all labor, materials, equipment, and incidentals required to complete the item. C. The Basis of Measurement and Pa ment are described in the followin v Item 101- Mobilization/Demobilization: ' Shall include moving equipment to and from the project site and other , necessary associated work items. Payment will be at the lump sum bid prices with 50 percent to be paid when mobilizing to begin construction and the remaining 50 percent to be paid following completion and acceptance of ' the work for that bid schedule. The bid price for this item cannot exceed three percent of the applicable schedule total bid. Item 102 - Taxes, Bonds, Insurance and Administration: , Shall include any and all taxes, bonds, and insurance costs and all costs for , project administration and submittals in relation to this project together with any fees, permits, licenses, and incidental regulatory costs assessed by local, state or Federal agencies as required for successful completion of this project. This item shall be paid 50 percent upon mobilizing to begin construction if the bid price for this item is equal to or less than 5 percent of the total price. For the second 50 percent of the bid amounts plus that ' portion of the taxes, bonds, and insurance price greater than 5 percent, if any, payment of the second 50 percent and the excess greater than 5 percent shall be paid in increments on the basis of the percentage of work , completed at each progress estimate. 0 N:10417\0551SPECSIDIV 1\SEC01025.doc 8/26/2008 01025 -Page 2 of 3 SECTION 01025 DIVISION 1 -GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT Item 103- EXISTING TANK DOME RING REPAIR AND ADDITIONAL PRESTRESSING SYSTEM WITH CONCRETE FINISH, COMPLETE: Measured and paid at the contract unit price bid for the square feet of existing water tank dome ring repaired and rehabilitated in accordance with the Contract Documents. Bid price shall include any and all, all materials, tools, labor and equipment necessary for removal and disposal of the existing deteriorated dome ring mortar; cleaning and preparation of the existing dome ring mortar and prestressed wire, and patching with non-shrink repair grout; and preparation and installation of new additional prestressed system with concrete sealant in accordance with the Contract Documents; and shall also include any traffic control, and restoration and site clean-up and all other incidental work related and required for successful completion of the work. Item 104 - EXISTING TANK EPOXY ADHESIVE INJECTION REPAIR, COMPLETE: Measured and paid at the contract unit price bid for the square feet of existing watertank repaired by epoxy adhesive injection, as specified, which price shall include all materials, tools, labor and equipment necessary to complete the item and all incidental work related thereto. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION ' 01025 -Page 3 of 3 N:1041710551SPECSIDIV 11SEC01025.doc 8126/2008 SECTION 01027 DIVISION 1 -GENERAL REQUIREMENTS APPLICATIONS FOR PAYMENT PART1 GENERAL 1.01 SECTION INCLUDES A. Format _ B. Preparation of Applications C. Submittal Procedures D. Final Payment Application E. Substantiating Data 1.02 RELATED SECTIONS A. Section 01025 -Measurement and Payment. B. Section 01035 -Change Order Procedures C. Section 01300 -Submittals: Submittal Procedures. D. Section 01700 -Contract Closeout: Final Payment. 1.03 FORMAT A. Use the Periodic Estimate Form supplied in either this Project Manual or approved by the Engineer including continuation sheets when required. B. For each item, provide: Amount completed to date for individual items. For materials on hand provide item description, relation of material to individual bid item, dollar value of material stored and dollar value of material in place. The amount allowed for material stored shall not exceed the value of material remaining to be installed less the value of installation. C. Change order items shall not be included in requests for payment until approved by Owner and Engineer. Payment requests for change order items shall be made on Engineer supplied forms similar to payment requests for original work items. 1.04 PREPARATION OF APPLICATIONS A. Present required information for preparation of progress payments in either typewritten or legibly handwritten form. B. Review all requests for payment with Resident Project Representative (RPR). Obtain concurrence of quantities with RPR prior to submitting request for payment to Engineer. C. Upon receipt of processed pay request from Engineer, execute pay request, claim forms (if any) and certification by signature of authorized officer. N:\0417\055\SPECS\DIV 1\SEC01027.doc 8/26/2008 01027 -Page 1 of 3 ~ SECTION 01027 , DIVISION 1 -GENERAL REQUIREMENTS APPLICATIONS FOR PAYMENT D. List each authorized Change Order on individual change order request form provided by Engineer. ' 1.05 SUBMITTAL PROCEDURES A. Submit one copy of each Application for Payment to Engineer. B. Submit an updated construction schedule with each Application for Payment. C. Submit paid invoices for material in storage obtained from vendors or suppliers after initial payment for said invoices has been made under previous progress payment. Payment for materials on hand will be made upon presentation of the initial invoice. No further payment will be made to Contractor for work or materials on hand until such time that. proof of payment to producers or suppliers has been made in proportion to payments made to contractor. "Paid" invoices will be submitted by Contractor to substantiate payment to producers or suppliers. D. Payment Period: Submit at intervals stipulated in the Agreement. 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 14.02 of the Standard General Conditions and the Supplementary 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. These Contract Documents allow the OWNER to review and approve each CONTRACTOR's periodic payment request within 30 days afterthe request is received by the OWNER allow the OWNER to make periodic payments within 14 days after the OWNER's approval of each periodic payment request. E. Submit request for payment under transmittal letter specified in Section 01300. 7 ii N:\0417\055\SPECS\DIV 1\SEC01027.doc 8/26/2008 01027 -Page 2 of 3 SECTION 01027 DIVISION 1 -GENERAL REQUIREMENTS APPLICATIONS FOR PAYMENT 1.06 FINAL PAYMENT APPLICATION A. Supply lien waivers, releases and prime contractor affidavit, and Consent of Surety Company to Final Payment (on attached form) in accordance with 14.07 of the Supplementary Conditions. B. Submit all documents including operation/maintenance data, record drawings, and warranty data as specified in Section 01700. 1.07 SUBSTANTIATING DATA A. When Engineer requires substantiating information, submit data justifying dollar amounts in question. B. Provide one copy of data with cover letter for each copy of submittal. Show Application number and date, and line item by number and description. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 01027 N:\0417\055\SPECSIDIV 1\SEC01027.doc 8/26/2008 01027 -Page 3 of 3 CONSENT OF OWNER ^ SURETY COMPANY ARCHITECT ^ TO FINAL PAYMENT CONTRACTOR ^ AIA DOCUMENT G707 SURETY ^ OTHER PROJECT: (name, address) TO (Owner) r L CONTRACTOR: -~ ARCHITECT'S PROJECT NO: CONTRACT FOR: J CONTRACT DATE: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Swety Company) SURETY COMPANY, on bOrid Of (here insert name and address of Contractor) ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 20 Surety Company Signature of Authorized Representative Attest: (Seal): Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition AIA DOCUMENT G707 • CONSENT OF SURETY COMPANY TO FINAL PAYMENT • APRIL 1970 EDTTION •AIA® ONE PAGE m1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 Consent of Surety Company to Final Payment -Page 1 of 1 N:\0417\055\SPECS\DIV OWIISC FORMS\01027 Consent.doc 8/25/08 SECTION 01035 DIVISION 1 -GENERAL REQUIREMENTS CHANGE ORDER PROCEDURES PART1 GENERAL 1.01 SECTION INCLUDES A. Submittals. B. Documentation Necessary for Change in Contract Price and Contract Time. C. Change in Work Procedures. D. Work Directive Change. E. Stipulated Sum Change Order. F. Unit Price Change Order. G. Time and Material Change Order. H. Execution of Change Orders. I. Correlation of Contractor Submittals. 1.02 RELATED SECTIONS A. Agreement Forms: Monetary values of established Unit Prices and percentage allowances for Contractor's overhead and profit. B. Section 01025 -Measurement and Payment C. Section 01027 -Applications for Payment: Payment applications. D. Section 01300 -Submittals. E. Section 01700 -Contract Closeout: Lien Releases and Project Record Documents. 1.03 SUBMITTALS A. Submit name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employment or Subcontractors of changes to the Work. B. Change Order Form: Engineer Supplied Change Order Form. 1.04 DOCUMENTATION NECESSARY FOR CHANGE IN CONTRACT PRICE AND CONTRACT TIME A. Maintain detailed records of work done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. 01035 -Page 1 of 4 N:\041710551SPECS\DIV 11SEC01035.doc 8/26/2008 SECTION 01035 DIVISION 1 -GENERAL REQUIREMENTS CHANGE ORDER PROCEDURES C. On request, provide additional data to support computations: 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds.. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from Contract, similarly documented. D. Support each claim for additional costs, and for work done on a time and material basis, with additional information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 1.05 CHANGE IN WORK PROCEDURES ' A. The Engineer will advise of minor changes in the Work not involving an adjustment to Contract Sum/Price or Contract Time as authorized by General Conditions Paragraph 9.5 by issuing supplemental instructions on a field memorandum. ' B. The Engineer may issue a Proposal Request or a Notice of Change which includes a detailed description of a proposed change with supplementary or ' revised drawings and specifications, and a change in Contract Time for executing the change with a stipulation on any overtime work required. Contractor will prepare and submit an estimate within 2 days. C. The Contractor may propose a change by submitting a request for change to the Engineer, describing the proposed change and its full effect on the Work, with a statement describing the reason for the change, and the effect on the Contract Price and Contract Time with full documentation. Document any requested substitutions in accordance with Section 01600. D. Contractor will not proceed with change order work, except work authorized by a Work Directive Change (para. 1.06) until such time as Owner has approved the change order. 01035 -Page 2 of 4 N:1041T0551SPECS\DIV 11SEC01035.doc 8/26/2008 i~ SECTION 01035 DIVISION 1 -GENERAL REQUIREMENTS CHANGE ORDER PROCEDURES 1.06 WORK DIRECTIVE CHANGE A. When the Engineer issues a Work. Directive Change, signed by the Owner, it shall instruct the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. The document will describe changes in the Work, estimated cost, and will designate method of determining any change in Contract Sum/Price or Contract Time. C. Contractor shall promptly execute the Change in Work. 1.07 STIPULATED SUM CHANGE ORDER A. Based on a Proposal Request or the issuance of a Work Directive Change at the Contractor's maximum price quotation, or; B. Based on Contractor's request for a Change Order as approved by Engineer. 1.08 UNIT PRICE CHANGE ORDER A. When based on predetermined unit prices and quantities, the Change Order . will be executed in accordance with the fixed unit prices defined in the Agreement. B. When based on unit costs or quantities of units of work which are not predetermined, the Change Order Work will be executed under a Work Directive Change. C. Changes in Contract Price and Contract Time will be computed as specified under Time and Material Change Orders. 1.09 TIME AND MATERIAL CHANGE ORDER A. Submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. B. Engineer will determine the change allowable in Contract Price and Contract Time as provided in the Contract Documents. C. Maintain detailed records of work done on Time and Material basis. D. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work.. N:10417\055\SPECSIDIV 1\SEC01035.doc 8/26/2008 01035 -Page 3 of 4 SECTION 01035 ' DIVISION 1 -GENERAL REQUIREMENTS CHANGE ORDER PROCEDURES E. Change orders will be paid according to the General Conditions, except the ' overhead and profit allowance shall apply only to labor and materials. F. Equipment charges shall be figured on the monthly rates of "The DataQuest ' Rental Rate Blue Book", latest edition, divided by 176 to figure tlae hourly rate, with no overhead and profit allowance allowed. G. No additional or deduction of costs will be incorporated into each change order for costs associated with Contractor's taxes, bonds and insurance. As these items are reflective of the overall project cost, a final change order may ' be initiated by either party to recover costs or savings associated with the projects final construction cost. ' 1.10 EXECUTION OF CHANGE ORDERS A. Engineer will issue Change Orders for signatures of parties as provided in a the Conditions of the Contract. 1.11 CORRELATION OF CONTRACTOR SUBMITTALS ' A. Promptly revise progress schedules to reflect any change in Contract Time, revise sub-schedules to adjust time for other items of work affected by the change, and resubmit. B. Promptly enter changes in Project Record Documents. ' ' PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used ' END OF SECTION 01035 ' 01035 -Page 4 of 4 N:\04171055\SPECSIDIV 1\SEC01035.doc ' 8/26/2008 SECTION 01040 COORDINATION AND DIVISION 1 -GENERAL REQUIREMENTS SITE CONDITIONS PART1 GENERAL 1.01 SECTION INCLUDES A. Jobsite Coordination B. Submittals C. Site Conditions D. Sequence Of Work E. Time of Work 1.02 JOBSITE COORDINATION A. Coordination with Other Work: The project shall be coordinated with the Operation of: 1. Bozeman Water Treatment Plant. Contact: Rick Moroney, Superintendent, 586-7158. B. Owner may perform additional work related to this project himself, or he may let other direct contracts therefore, which shall contain General Conditions and General Requirements similar to these. Contractor shall afford the other contractors who are .parties to such direct contracts, (or Owner, if Owner is performing additional work), reasonable opportunity for the introduction and storage of materials and equipment and execution of work, and shall properly connect and coordinate his work with theirs. C. If any part of Contractor's work depends on proper execution or results from the work of any such other contractor (or Owner), Contractor shall inspect and promptly report to Owner and Engineer in writing any defects or deficiencies in such work that renders it unsuitable for such proper execution and results. His failure to so report shall constitute an acceptance of the other work as fit and proper for the relationship of his work except as to defects and deficiencies, which may appear in the other work after the execution of his work. D. Contractor shall do all cutting, fitting, and patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by 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 the Engineer and of the other contractors whose work will be affected. N:\0417\055\SPECS\DIV 1\SEC01040.doc August 26, 2008 01040 -Page 1 of 11 SECTION 01040 COORDINATION AND DIVISION 1 -GENERAL REQUIREMENTS SITE CONDITIONS E. If the performance of additional work by other contractors or Owner is not noted in the Contract Documents prior to the execution of the Contract, written. notice thereof shall be given to Contractor prior to starting any such additional work. If Contractor believes that the performance of such additional work by Owner or others involves him in additional expense or entitles him to an extension of the contract time, he may make a claim therefore. F. Contractor shall be responsible for all areas of the site used by him and all Subcontractors in performance of the work. He shall exert full control over the actions of all employees and other persons with respect to the use and preservation of property and existing facilities, except such controls as may be specifically reserved to Owner or others. G. Contractor and all Subcontractors shall cooperate in the coordination of their separate activities in a manner that will provide the least interference with the Owner's operations and utility companies working in the area, and in the interfacing and connection of the separate elements of the overall project work. If any difficulty or dispute should arise in the accomplishment of the above, the problem shall be brought immediately to the attention of the Owner and Engineer. All Contractors working on this site are subject to this requirement for cooperation, and all shall abide by the Engineer's decision in resolving project coordination problems without additional cost to the Owner. 1.03 SUBMITTALS A. Contractor shall submit the following information as applicable to coordination activities: Subsurface Information and Utilities: a. Records or logs of borings or test holes made by Contractor, if any. b. Results of exploratory excavations made to verify locations and nature, shape, dimensions, etc., of existing utilities and facilities; where possible, indicate this information on clean copy of Contract Drawings. 2. Field Relocation: Clearly show proposed relocations of new or existing facilities, or related work affected by the relocation, on clean copy of the Contract Drawings and submitted prior to performing the relocation. 3. Easements: Copy of any easements and other agreements the Contractor has obtained from utilities and property owners for carrying out his work, including materials disposal, alternate access; facilities, n u i 0 01040-Page2of11 ' N:\0417\055\SPECS\DIV 1\SEC01040.doc August 26, 2008 u SECTION 01040 COORDINATION AND DIVISION 1 -GENERAL REQUIREMENTS SITE CONDITIONS equipment and material storage; additional construction limits or other purposes associated with the project. 4. Connecting Work: Proposed methods of connecting new work to existing facilities, where not shown. or specified. 5. Cutting and Patching: a. Written notice requesting consent to perform cutting which may affect structural safety or normal functioning of existing facilities. b. Recommendations indicating changed conditions, alternative materials or methods, time when uncovered work may be observed, and other information necessary to evaluate substitutions when work conditions necessitate change of materials or methods. ' 6. Detailed Construction Sequencing and Bypass Plan meeting the requirements of this section and Section 01300, SUBMITTALS. Schedule shall clearly identify all interfacing work, work sequence and dates that existing facilities must be modified, connected to, and/or taken out of service. 1.04 SITE CONDITIONS A. Information on Site Conditions: ' 1. General: Information obtained by the Owner regarding site conditions, topography, subsurface information, groundwater elevations, existing ' construction of site facilities as applicable, and similar data is included in the Contract Documents or will be available for inspections at the office of the Engineer or Owner upon request. Such information is ' offered as supplementary information only. Neither the Engineer nor the Owner assumes any responsibility for its accuracy or completeness or for the Contractor's interpretation of such ' information. 2. Subsurface Information: Subsurface investigations at the site have ' been performed. However, it shall be the responsibility of the Contractor to verify subsurface conditions priorto bidding on the work. This information is not part of this Contract and is offered as ' supplementary information only. Neither the Engineer nor the Owner assumes any responsibility for its accuracy or completeness orforthe t Contractor's interpretation of such information. 3. Topographic elevations are included in the Drawings. ' 01040 -Page 3 of 11 N:\0417\055\SPECS\DIV 1\SEC01040.doc August 26, 2008 SECTION 01040 COORDINATION AND ' DIVISION 1 -GENERAL REQUIREMENTS SITE CONDITIONS 4. Control Points: Contractor shall check existing and establish new (if ' desired) vertical and horizontal survey control points on structures and improvements located in the vicinity of the work prior to beginning , work. Contractor shall check the points for movements when directed by the Engineer. Furnish Engineer with copses of survey notes for each survey and a copy of the layout of survey control points. , B. Existing Utilities: 1. Location: a: Known underground utilities and facilities adjacent to or within the work area are shown on the Drawings. The locations shown are taken from existing records and the best information available from existing utility plans. It is expected that there may be some discrepancies and omissions in the locations and quantities shown. ' b. Contractor compensation for all above ground facilities shall be incidental to the project work. Refer to Section 01010, Article 1.13 for further clarification regarding above ground facilities. c. Contractor shall exercise reasonable care to verify locations of utilities and facilities shown on the Drawings and to determine , the presence of those not shown. Immediate and adjacent areas where excavations are to be made shall be thoroughly checked by visual examination for indications of underground ' facilities and also checked with electronic metal and pipe detection equipment. Contractor shall make necessary exploratory investigations of any facility where there is , reasonable cause to verify the presence or absence of an underground facility, or where information on buried facilities is required to verify their nature, shape, configuration, , dimensions, materials, or other properties, prior to proceeding with major excavation in the area. The cost of said work shall be incidental to the associated work item. ' d. The Contractor is advised that there is a One Call utility locate number in use for utility location requests within the State of ' Montana for buried gas and electrical lines and buried telecommunication lines. The one call number is 1-800-424- 5555. MCA 69-4-501 through 69-4-506 requires the use of the ' One Call System prior to any excavation work in Montana. 01040-Page4of11 ' N:\0417\055\SPECS\DIV 1\SEC01040.doc August 26, 2008 SECTION 01040 ' COORDINATION AND DIVISION 1 -GENERAL REQUIREMENTS SITE CONDITIONS 2. Contractor's Responsibilities: a. Where Contractor's operations could cause damage or ' inconvenience telephone, television, power, oil, gas, water, sewer, storm sewer or irrigation systems, the Contractor shall make arrangements necessary for the protection of these ' utilities and services. Replace existing utilities removed or damaged during construction with equal or better materials, unless otherwise provided for in these Contract Documents. ' b. Notify utility offices that are affected by construction operations at least 48 hours in advance. Under no circumstances expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for the utilities. Refer to Section 1010, SUMMARY OF WORK for additional requirements with utilities. c. Protect all utility poles from damage. If interfering utility poles will be encountered, notify the utility company at least 48 hours in advance of construction operations to permit necessary ' arrangements with the utility company for protection of the interfering poles, at no additional cost to the Owner. ' d. Contractor shall be solely and directly responsible to owner and operator of such properties for damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any ' character brought because of injuries or damage which may result from construction operations under this Contract. e. Neither Owner nor its officers or agents shall be responsible to Contractor for damages as a result of Contractor's failure to protect utilities encountered in the work. ' f. In event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental damage due to ' construction operations, promptly notify the Owner and/or proper authority. Cooperate with Owner and said authority in restoration as promptly as possible and pay for repair. Prevent interruption of utility service unless granted permission by the utility owner. ' g. Known drainage culverts, shown on the contract drawings, which may be impacted by installation of the work shall be maintained and protected or removed by the Contractor and replaced in kind, at no additional cost to the Owner. ' 01040 -Page 5 of 11 N:\0417\055\SPECS\DIV 1\SEC01040.doc August 26, 2008 SECTION 01040 COORDINATION AND , DIVISION 1 -GENERAL REQUIREMENTS SITE CONDITIONS C. Interfering Structures: , 1. Take necessary precautions to prevent damage to existing structures whether on the surface, above ground, or underground. An attempt , has been made to show major structures on the Drawings. While the ' information has been compiled from the best available sources, its' completeness and accuracy cannot be guaranteed. , 2. Protect existing structures from damage, whether or not they lie within limits of easements obtained by the Owner. Where existing fences, gates, sheds, buildings, or other structures must be removed to properly carry out work, or are damaged during work, restore them to original condition and to the satisfaction of property owner. 3. Contractor may remove and replace in equal or better than original condition, small structures such as fences, mailboxes, and signposts that interfere with Contractor's operations. Temporary facilities must be provided until the original facilities are replaced. 4. Refer to Section 01010, Summary of Work, Article 1.13 regarding payment for known and unknown underground and above ground facilities. ' D. Field Relocation: , 1. If existing structures are encountered that prevent construction as shown, notify the Engineer before continuing with work so Engineer may make necessary field revisions. , 2. Where necessary, shown or as directed by and acceptable to the Engineer and Owner, relocate existing facilities to including piping, , utilities, equipment, structures, electrical conduit wiring, electrical duct bank, and other miscellaneous items. Use only new materials for relocation of existing facilities. Match materials of existing facilities ' unless otherwise shown or specified. Perform relocations to minimize downtime of existing facilities. Install new portions of existing facilities in their relocated position prior to removing existing facilities, unless ' otherwise accepted by Engineer. E. Monuments and Markers: 1. Preserve and protect survey monuments and markers throughout construction. If damage occurs or removal becomes necessary, ' immediately notify Engineer and restore monument or marker to original condition. ' 01040 -Page 6 of 11 , N:\0417\055\SPECS\DIV 1\SEC01040.doc August 26, 2008 SECTION 01040 COORDINATION AND ' DIVISION 1 -GENERAL REQUIREMENTS SITE CONDITIONS 2. Preserve private and public monuments that are found. If monument ' must be removed, replace at original locations using registered land surveyor. Notify Engineer when monuments are encountered. If. ' government monuments are encountered: reference the monument for later replacement and provide 10-day advance notification to Engineer who will notify the proper authority. F. Easements: ' 1. Where portions of work will be located on public or private property, easements and permits will be provided by the Owner for use of property for construction purposes. Copies of these easements and permits will be available from Owner for inspection. Contractor shall review the easements and permits obtained and abide by easement and permit limitations and provisions. Confine construction operations to within easement and permit limits or make special arrangements with property owners or appropriate public agency for additional area required. 2. Before final payment will be authorized, Contractor shall furnish the Owner written releases from property owners or public agencies where side agreements or special easements have been made, or where Contractor's operations have not been kept within the Owner's property. ' h e 3. In the event Contractor is unable to secure written releases, inform t Owner of the reasons: d O wner a. Owner or its representatives will examine the site, an will direct Contractor to complete work that may be necessary ' to satisfy terms of the easements. b. Should Contractor refuse to do this work, Owner reserves the ' right to have it done by separate contract and deduct the cost of same from the Contract amount, or require the Contractor to furnish a satisfactory bond in a sum to cover legal claims for ' damages. c. When Owner is satisfied that work has been completed in ' agreement with the Contract Documents and terms of easements, the right is reserved to waive the requirement for written release if Contractor's failure to obtain such statement ' is due to the grantor's refusal to sign, and this refusal is not based upon any legitimate claims that Contractor has failed to fulfill the terms of the easement or Contractor is unable to ' contact or has had undue hardship in contacting the grantor. ' 01040 -Page 7 of 11 N:\0417\055\SPECS\DIV 1\SEC01040.doc August 26, 2008 SECTION 01040 COORDINATION AND DIVISION 1 -GENERAL REQUIREMENTS SITE CONDITIONS G. Erosion and Dust Control On-Site: 1. The Contractor shall be responsible for reducing soil erosion and dust due to wind or water to a level meeting federal, state, and local regulations at the construction site. Control measures that may be required include, but may not be necessarily limited to, the following: a. Suspending excavation during high winds or rain. b. Minimizing land exposure in area and time. c. Covering erodible areas as quickly as possible with gravel landscaping or by compaction. d. Retaining existing vegetation where possible. e. Prohibiting clearing or grubbing until a firm construction schedule is known. f. Stabilizing construction site soils. g. Controlling dust during construction by use of water spray. 2. Also see Section 01560, ENVIRONMENTAL QUALITY CONTROL. 1.05 SEQUENCE OF WORK A. Operation and Shutdown of Existing Facilities: 1. The treated water supply flowing to and from the Sourdough Water Tank must and shall be protected and maintained at all times. At no time shall the Contractor be permitted to interrupt the water supply to or from the water tank without the Owners' explicit pre-approval. 2. The Contractor will be responsible for selecting the appropriate means and methods of construction to accomplish the work and continue providing water supply to the treatment plant., within the constraints specified herein. B. Protection of ExistingTransmission Main Water Tank and Ancitlary Facilities: The Contractor shall be responsible for selecting the appropriate means and methods of construction to accomplish the work while continuing to provide, at all times throughout the project, an uninterrupted water supply to and from the Sourdough Water Tank. Any disruption of the treated water supply to or from the water tank will require prior written authorization by the City. The written authorization shall identify the specific time and duration of the disruption. N:\0417\055\SPECS\DIV 1\SEC01040.doc August 26, 2008 01040 -Page 8 of 11 n i; C~ n fl n SECTION 01040 COORDINATION AND DIVISION 1 -GENERAL REQUIREMENTS SITE CONDITIONS 1.06 (SECTION DELETED) 1.07 TIME OF WORK A. No work shall be done between 7:00 p.m. and 7:00 a.m., nor on Saturdays, ' Sundays or legal holidays, without the written permissron of the Owner. However, maintenance or emergency work during these hours may be done without prior permission. - B. Overtime Notice: If Contractor for convenience should desire to carry on work at night or outside regular working hours between 8:00 a.m. to 5:00 p.m., submit written notice to the Owner and Engineer and allow ample time for satisfactory arrangements to be made for observing work in progress as specified in the Supplementary Conditions. Said Contractor shall pay the Engineer's expenses and salary to the Engineer at a rate as specified in the Bid Form per person for onsite observation required when the Contractor's onsite operations exceed 40 hours per week. The Engineer will be the sole judge of whether onsite observation is required. C. Onsite observation will be required when pipe or other items of work are being buried or otherwise concealed. The Contractor's payment to the Owner for observation services exceeding 40 hours per week will be for a maximum of two resident observers. The overtime rate for each observer '~ required will be at the overtime rates specified in the Bid Form. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 CUTTING AND PATCHING A. General: 1. Execute cutting (including excavating), fitting, or patching of work, required to: a. Make the several parts fit properly. b. Uncover work to provide for installation of specified work. [7 c. Remove and replace defective work or work not conforming to requirements of Contract Documents. d. Install specified work in existing construction. ' 01040 -Page 9 of 11 N:\0417\055\SPECS\DIV 1\SEC01040.doc August 26, 2008 SECTION 01040 COORDINATION AND DIVISION 1 -GENERAL REQUIREMENTS SITE CONDITIONS 2. Perform the following upon written. instruction of Engineer: a. Uncover work to provide for Engineer's observation of covered work. b. Remove work to provide for alteration of existing work. ' 3. Contractor shall not, without written consent of Owner or Engineer: a. Cut or alter work of another contractor. b. Cut structural or reinforcing steel. c. Endanger existing or new structures or facilities. d. Shut down or disrupt existing operations. 4. Materials for replacement of work removed shall comply with applicable sections of these Specifications for corresponding type of work to be done. ~ 1 1 5. Provide all tools and equipment required to accomplish cutting and patching. 1 B. Inspection and Preparation: 1. Inspect existing conditions of work, including elements subject to , movement or damage during cutting, patching, excavating, and backfilling. ' 2. After uncovering work, inspect conditions affecting installation of new products. 3. Prior to cutting, provide safety protection. C. Procedures: ' 1. Execute fitting and adjustment of products to provide finished ' installation to comply with specified tolerances and finishes. 2. (Paragraph Deleted) 3. Restore work, which has been cut or removed; install new products ' and provide completed work in accordance with specified requirements. 01040 -Page 10 of 11 , N:\0417\055\SPECS\DIV 1\SEC01040.doc August 26, 2008 SECTION 01040 COORDINATION AND DIVISION 1 -GENERAL REQUIREMENTS SITE CONDITIONS 4. Restore structures and surfaces damaged that are to remain in the completed work including concrete-embedded piping, conduit, and other utilities. 5. Make restorations with new materials and appropriate methods as specified for new work of similar nature; if not specified, use best recommended practice of manufacturer or appropriate trade association. - 6. Restore damaged work so there is a secure and intimate bond or fastening between new and old work. Finish restored surfaces to such planes, shapes, and textures that no transition between new and old work is evident iri finished surfaces. END OF SECTION 01040 N:\0417\055\SPECS\DIV 1\SEC01040.doc August 26, 2008 01040 -Page 11 of 11 ~~~ SECTION 01041 DIVISION 1 -GENERAL REQUIREMENTS PROJECT COORDINATION ' PART1 GENERAL 1.01 SEC TION INCLUDES ' A. Pre-Construction Conference B. Project Meetings Or Reports ' C. Protection And Field Relocation D. Sequence Of Work 1.02 PRE-CONSTRUCTION CONFERENCE A. After the contract.has been awarded, but before the start of construction, a Preconstruction Conference will be held for the purpose of discussing requirements on such matters as project supervision, construction staking, submittals, on-site inspections, progress schedules and reports, payrolls, payments to Contractors, contract Change Orders, insurance, safety, and other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel connected with the project on hand to meet with ' representatives of the Owner and the Engineer. B. At the Preconstruction Conference, the Contractor shall submit a complete ' construction schedule showing the weekly schedule of work. The format shall be such that the schedule can be used to show actual progress of the work so that schedule adjustments, if required, can be easily made. The ' Contractor shall schedule all work under this contract to be completed within the contract time specified in these documents. ' C. The Contractor's construction schedule will be reviewed in detail at the Preconstruction Conference by representatives of the Owner, Engineer and ' Contractor. The Contractor shall make final adjustments, if any, to the construction schedule following the conference and submit the revised construction schedule within seven (7) days to the Engineer for final ' approval. 1.03 PROJECT MEETINGS OR REPORTS ' A. Preconstruction Conference: A preconstruction conference will be scheduled after the Notice of Award. ' B. Progress Meetings: The Owner may schedule regular progress meetings approximately every one to two weeks to review work progress, schedules, ' and other matters needing discussion and resolution. At a minimum, each meeting must be attended by the Contractor's project manager or field superintendent. ' 01041 -Page 1 of 3 N:\0417\055\SPECS\DIV 1\SEC01041.doc 8/26/2008 SECTION 01041 DIVISION 1 -GENERAL REQUIREMENTS PROJECT COORDINATION C. Progress Reports: A monthly progress report shall be provided with an updated schedule by the Contractor prior to the submission of the application for progress payment. No progress payments shall be made to the Contractor without prior submittal and subsequent review of the associated progress report and updated schedule. If the work falls behind schedule, Contractor shall submit progress reports at such intervals as the Owner or Engineer may request. Each progress report shall include sufficient narrative to describe current and anticipateddelaying factors, their effect on the construction schedule, and proposed corrective actions to meet the agreed-upon schedule. Any work reported complete, but which is not readily apparent to the Engineer must be substantiated with satisfactory evidence. 1.04 PROTECTION AND FIELD RELOCATION A. During construction, it is expected that minor revisions to proposed facility locations will be necessary. Make. such relocations only as directed by the Engineer. If existing structures are encountered that prevent construction as shown, or if a conflict between proposed structure locations is encountered, notify the Engineer before continuing with work so Engineer may investigate and make a decision regarding the necessary field revisions. B. Monuments And Markers: Preserve and protect private and public survey monuments, markers and property pins throughout construction. If damage occurs or removal becomes necessary, immediately notify Engineer and restore monument or marker to original condition using registered land surveyor. C. Contractor shall protect existing structures or facilities, including supporting soils, from damage at all times during performance of the work. D. Connecting To Existing Facilities: Unless otherwise shown or specified, determine methods of connecting new work to existing facilities, and to facilities to be constructed under separate contract. Obtain Engineer's review and acceptance of proposed connections before performing the work. 1.05 SEQUENCE OF WORK A. Operation And Shutdown Of Existinq_Facilities: Schedule and conduct activities to enable existing services and facilities to operate continuously, unless otherwise specified. If interruption of existing services and/orfacilities is necessary, conduct work to minimize such interruptions outside normal working hours. Avoid. undesirable conditions within limits specified in the Supplementary Conditions. 1 01041 -Page 2 of 3 , N:\0417\055\SPECS\DIV 1\SEC01041.doc 8/26/2008 0 fl 0 ii 0 ~I~ ~~ SECTION 01041 DIVISION 1 -GENERAL REQUIREMENTS PROJECT COORDtNATIDN B. Modifications To Existing Facilities: Where existing facilities are to be modified during the course of work, obtain Owner, .and Engineer's reviews and acceptances of submittals for temporary shutdown, demolition, modification, connections between new and existing work, and other related work. Conform to other sections as applicable. Connections to existing facilities or utilities, or other work that requires the temporary shutdown of any existing operations of utilities shall be planned in detail with appropriate scheduling of the work and coordinated with Owner and Engineer. The schedule for shutdown or restart shall be given by written advance notice in order that the Owner or Engineer may witness the shutdown, tie-in, and startup. 2. The City of Bozeman Water Department personnel shall operate all existing water valves. At no time is the Contractor to operate any existing facility valves. Work shall be thoroughly planned in advance and all required equipment (including emergency equipment), materials, and labor shall be on hand at the time of undertaking the connections. Work shall proceed continuously, around the clock if necessary, to complete connections in the minimum time. PART2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) PART 4 MEASUREMENT AND PAYMENT (Not Used) END OF SECTION 01041 ' 01041 -Page 3 of 3 N:\0417\055\SPECS\DIV 1\SEC01041.doc 8/26/2008 SECTION 01300 DIVISION 1 -GENERAL REQUIREMENTS SUBMITTALS PART1 GENERAL 1.01 SEC TION INCLUDES A. :Submittal procedures. B. Construction progress schedules. C. Proposed products list. D. Shop drawings. E. Samples and Test Specimens F. Quality Control Submittals G. Manufacturers' instructions. H. Mix Designs I. Manufacturers' certificates. J. Record Drawings 1.02 RELATED SECTIONS A. Section 01040, COORDINATION AND SITE CONDITIONS regarding submittal of a Construction Sequencing and Bypass Plan. B. Section 01400, QUALITY CONTROL AND OWNER QUALITY ASSURANCE regarding Manufacturers' field services and reports. C. Section 01700, CONTRACT CLOSEOUT regarding contract closeout submittals. 1.03 SUBMITTAL PROCEDURES A. Submittal Register: The Contractor shall submit to the Engineer a register indicating the required submittal data and his proposed submittal dates for all equipment and materials for which a submittal is required. The register shall be submitted to the Engineer by the Contractor within fifteen (15) working days after the date of the Notice of Award. 01300 -Page 1 of 13 N:\0417\055\SPECS\DIV 1\SEC01300.doc 8/26/2008 C SECTION 01300 DIVISION 1 -GENERAL REQUIREMENTS _ SUBMITTALS ' B. General Procedures: , Procedures and requirements for submittals are specified herein. Owner reserves the right to modify the procedures and requirements ' for submittals, as necessary to accomplish the specific purpose of each submittal. Direct inquiries to Engineer regarding the procedure, purpose, or extent of any submittal. ' 2. Review, acceptance, or approval of substitutions, schedules, shop drawings, lists of materials, and procedures submitted or requested by ' Contractor shall not add to the Contract amount, and additional costs which may result therefrom shall be solely the obligation of Contractor. 3. Owner is not precluded, by virtue of review, acceptance, or approval, from obtaining a credit for construction savings resulting from allowed , concessions in the work or materials therefore. 4. Owner is not responsible to provide engineering or other services to , protect Contractor from additional costs accruing from submittals. 5. Submittals processed by Engineer do not become Contract ' Documents and are not Change Orders; the purpose of submittal review is to establish a reporting procedure and is intended for Contractor's convenience in organizing the work and to permit , Engineer to monitor Contractor's progress and understanding of the design. 6. Submittals will be acted on by the Engineer as promptly as possible and returned to the Contractor not later than the time allowed for review in Paragraph SPECIFIC SUBMITTAL PROCEDURES. Delays caused by the need for resubmittal shall not constitute basis for claim or for an extension of contract time. 7. After checking and verifying all field measurements, make submittals to Engineer, in accordance with the submittal register for review. a. Contractor Approval: All drawings, equipment, materials, and other submitted data shall be carefully reviewed by an authorized representative of the Contractor priorto submission to the Engineer. Each submittal shall be dated, signed, and certified by the Contractor, as being correct and in strict conformance with the Contract Documents. No consideration for review by the Engineer of any Contractor submittals will be made for any items which have not been so certified by the 01300 -Page 2 of 13 N:\0417\055\SPECS\DIV 1\SEC01300.doc 8/26/2008 SECTION 01300 DIVISION 1 -GENERAL REQUIREMENTS SUBMITTALS Contractor. All non-certified submittals will be returned to the Contractor without action taken by the Engineer, and any delays caused thereby shall be the total responsibility of the Contractor. b. Data shown shall be complete with respect to quantities, dimensions, specified performance and redesign criteria, materials, and similar data to enable Engineer to review the information. c. Submitted data shall be fully sufficient in detail for determination of compliance with the Contract Documents. 8. Before submission of each submittal, determine and verify quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar data with respect thereto; review and coordinate each submittal with other submittals, requirements of the work, and Contract Documents. 9. At the time of each submission, give Engineer specific written notice of each variation that the submittal may have from the requirements of the Contract Documents; in addition, make specific notation on each shop drawing submitted to Engineer for review and approval of each such variation. 10. Engineer's review will be only for conformance with the design concept of the project and for compliance with the information given in the Contract Documents, not extending to means, methods, techniques, sequences, or procedures of construction (except where a specific means, method, technique, sequence, or procedure of construction is indicated in or required by the Contract Documents) nor to safety precautions or programs incident thereto. The review of a separate item as such will not indicate review of the assembly in which the item functions. 11. Engineer's review of submittals shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless .Contractor has in writing called Engineer's attention to each such variation at the time of submission, and Engineer has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the shop drawing or sample approval; nor will any approval by Engineer relieve Contractor from responsibility for errors or omissions in the shop drawings or from responsibility for having complied with the provisions therein. N:\0417\055\SPECS\DIV 1\SEC01300.doc 8/26/2008 01300 -Page 3 of 13 SECTION 01300 DIVISION 1 -GENERAL REQUIREMENTS SUBMITTALS 12. Where a shop drawing or sample is required by the Specifications, related work performed prior to Engineer's review and approval of the pertinent submission shall be the sole expense and responsibility of Contractor. 13. Should the Contractor propose any item on his shop drawings, or incorporate an item into the work, and that item should subsequently prove to be defective or otherwise unsatisfactory, (regardless of the Engineer's preliminary review), the Contractor shall, at his own expense, replace the item with another item that will perform satisfactorily. 14. Review of first submittal and one resubmittal will be performed by the Engineer at no cost to the Contractor. Subsequent submittals will be reviewed by the Engineer; however, the Engineer will document the work-hours and other expenses required for such review(s) and the Contractor shall reimburse the Owner for the charges of the Engineer with a deduction from the Contractor's monthly pay estimate. C. SPECIFIC SUBMITTAL PROCEDURES Submit the number of copies the Contractor requires, including all product data sheets, plus four (4) additional complete sets to be retained by the Engineer. 2. Combine submittals specified in each Specification section into a single package. Partial packages will not be reviewed until all submittals required for the section have been received. These shop drawings shall be accurate, distinct, and complete, and shall contain all required information, including satisfactory identification of items, units, and assemblies in relation to the Contract Drawings and Specifications. 3. Transmit each submittal with an Engineer accepted form. 4. Sequentially number the transmittal forms. Resubmittals to have original number with an alphabetic suffix. 5. Identify project, Contractor, subcontractor or supplier; pertinent Drawing sheet and detail number(s), and Specification section number, as appropriate. 6. Apply Contractor's stamp, signed or initialed certifying that review, verification of products required, field dimensions, adjacent ' N:\0417\055\SPECS\DIV 1\SEC01300.doc 8/26/2008 01300 -Page 4 of 13 SECTION 01300 ' DIVISION 1 -GENERAL REQUIREMENTS SUBMITTALS 1 construction work, and coordination of information is in accordance with the requirements of the work and Contract Documents. ' 7. Schedule submittals to expedite the project, and deliver to Morrison- Maierle, Inc. 2880 Technology Blvd. West, P.O. Box 1113, Bozeman, Montana, 59771. Coordinate submission of related items. 8. Identi variations from Contract Documents and product or system fy limitations which may be detrimental to successful performance of the completed work. 9. Provide space for Contractor and Engineer review stamps. 10. Revise and resubmit submittals as required, identify all changes made since previous submittal. 11. Distribute copies of reviewed submittals to concerned parties. Instruct ^ parties to promptly report any inability to comply with provisions. 12. Submittals will be acted upon by Engineer and transmitted to Contractor not later than 20 regular working days after receipt by Engineer. Shop drawings shall be submitted insufficienttimeto allow the Engineer not less than 20 regular working days for examining the 1 shop drawings. 13. It is intended that the Engineer will, upon review, mark the shop ' drawings as appropriate. When shop drawings have been reviewed by the Engineer, copies will be returned to the Contractor appropriately annotated. ' a. If major changes or corrections are necessary, the shop drawings may be rejected with such changes or corrections indicated. The Engineer will retain two copies and the remaining copies will be returned to the Contractor. Correct and resubmit the shop drawings in the same manner and quantity as specified forthe original submittal, unless otherwise directed by the Engineer. If changes are made by the Contractor (in addition to those requested by the Engineer) on ' the resubmitted shop drawings, such changes shall be clearly explained in a transmittal letter accompanying the resubmitted shop drawings. b. Upon approval, or approval with required corrections noted, one annotated copy will be retained for the Owner and one 01300 -Page 5 of 13 N:\0417\055\SPECS\DIV 1\SEC01300.doc 8/26/2008 SECTION 01300 DIVISION 1 -GENERAL REQUIREMENTS _ SUBMITTALS copy will be kept by the Engineer. The remaining annotated copies provided will be given to the Contractor. 1.04 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate within 15 days after date of Owner's Notice of Award for the Engineer's review. B. Submit revised schedules with each Application for Payment, identifying changes since previous version. C. Submit a chart with separate line for each major section of work or operation, identifying first work day of each week. D. Show complete sequence of construction by activity, identifying work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration. E. Indicate estimated percentage of completion for each item of work at each i submission. F. Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates. 1.05 PROPOSED PRODUCTS LIST A. Within 15 days after date of Owners Notice of Award, submit complete list of , major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. C. Should the Contractor elect to substitute a proposed equivalent material to an "or approved equal" specification, the Contractor shall submit to the Engineer adequate documentation allowing the Engineer to determine the equivalency of the material. 1.06 SHOP DRAWINGS A. General: 1. The Contractor shall submit shop drawings, equipment and materials data as required in the Technical Provisions of these specifications concerning the specific item as soon as practical. The Contractor ' 01300 -Page 6 of 13 N:\0417\055\SPECS\DIV 1\SEC01300.doc 8/26/2008 1 ~I 1 n n SECTION 01300 DIVISION 1 -GENERAL REQUIREMENTS SUBMITTALS may proceed, only at his own risk, with manufacture or installation of any equipment or work covered by said drawings, etc. until they are approved, and no claim, by the Contractor, for extension of the contract time will be granted by reason of his failure in this respect. 2. Shop drawings, as defined herein, consist of all drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by or for Contractor to illustrate some portion of the work; and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a manufacturer and submitted by Contractor to illustrate material or equipment for distinct portions of the work. 3. Submittal of incomplete or unchecked shop drawings will not be acceptable. Shop drawing submittals which do not clearly show Contractor's review stamp or specific written indication of Contractor review will be returned to Contractor for resubmission. 4. Submittal of shop drawings not required under these Contract Documents and not shown on the Submittal Register will be returned to the Contractor unreviewed and unstamped by the Engineer. B. Shop Drawing Contents: r 1 C Shop drawings referred to herein shall include shop drawings and other submittals for both shop and field-fabricated items. In addition, the Contractor shall submit, as applicable, the following for all prefabricated or manufactured structural, mechanical, electrical, plumbing, process systems, and equipment: a. Shop drawings or equipment drawings, including dimensions, size and location of connections to other work, and weight of equipment. b. Catalog information and cuts. c. Installation or placing drawings for equipment, drives, and bases. d. Supporting calculations for equipment and associated supports specified to be designed by equipment manufacturers or suppliers. e. Wiring and control diagrams of systems and equipment. ' 01300 -Page 7 of 13 N:\0417\055\SPECS\DIV 1\SEC01300.doc 8/26/2008 SECTION 01300 DIVISION 1 -GENERAL REQUIREMENTS SUBMITTALS ' f. Complete manufacturer's specifications, including materials description and paint system. g. List of special motor features being provided (i.e. space heater, altitude corrections, thermal protectors, etc.). h. Performance data and pump or mixer performance curves. Complete motor rating for all motors 15 horse-power and larger, including motor no-load, starting, and full-load current at rated voltage; full-load speed and current at 110 percent voltage; motor efficiency and power factor at 1 /2, 3/4, and full- load at rated voltage. j. Suggested spare parts list with current price information. k. List of special tools required for checking, testing, parts replacement, and maintenance (special tools are those which have been specially designed or adapted for use on parts of the equipment, and which are not customarily and routinely carried by maintenance mechanics). a. List of special tools furnished with the equipment. m. List of materials and supplies required for the equipment prior to, and during startup. n. List of materials and supplies furnished with the equipment. o. Samples of finish colors for selection. p. Special handling instructions. q. Requirements for storage and protection prior to installation. r. Requirements for routine maintenance required prior to startup. s. List of all requested exceptions to the Contract Documents C. Seismic Design: Machinery, equipment, and components such as tanks, piping, and electrical panels, including their supports and anchorages, designed by manufacturers or suppliers, shall be designed in accordance with the provisions of the latest edition of the Uniform Building Code to withstand seismic loads in addition to other loads. Design shall be N:\0417\055\SPECS\DIV 1\SEC01300.doc 8/26/2008 01300 -Page 8 of 13 1 1 SECTION 01300 DIVISION 1 -GENERAL REQUIREMENTS SUBMITTALS performed by an appropriately licensed professional engineer familiar with seismic design. Submittals shall be certified, by the Design Engineer, that designs are in conformance with Uniform Building Code Requirements. D. Interfacing Work: Where called for in the Specifications, and as determined necessary by Engineer to provide proper correlation with other work, complete interface information shall b_e submitted. This interface information shall be accurate and contain all information necessary to allow for manufacturing and construction of the interfacing or connection work. 1.07 SAMPLES AND TEST SPECIMENS A. Where required in the Specifications, and as determined necessary by Engineer, submit test specimens or samples of materials, appliances, and fittings to be used or offered for use in connection with the work. Include information as to their sources, prepay cartage charges, and submit such quantities and sizes for proper examination and tests to establish the quality or equality thereof, as applicable. B. Submit samples and test specimens in ample time to enable Engineer to make tests or examinations necessary, without delay to the work. C. Submit additional samples as required by Engineer to ensure equality with the original approved sample and/or for determination of Specification compliance. D. Laboratory tests and examinations that Owner elects to make in its own laboratory will be made at Owner's cost except that if a sample of any material or equipment proposed for use by Contractor fails to meet the Specifications, Contractor shall bear cost of testing subsequent samples. E. Test required by the specifications to be performed by an independent laboratory shall be made by a laboratory licensed or certified in accordance with state statutes. See Section 01400, QUALITY CONTROL AND OWNER QUALITY ASSURANCE for requirements. 2. Submit certified test results of specified tests in duplicate to Engineer. F. Samples and laboratory services shall be at the expense of Contractor and included in the prices bid for the associated work. 01300 -Page 9 of 13 ' N:\0417\055\SPECS\DIV 1\SEC01300.doc 8/26/2008 SECTION 01300 DIVISION 1 -GENERAL REQUIREMENTS SUBMITTALS G. Approved sample items (fixtures, hardware, etc) may be incorporated into the work upon approval and when no longer needed by Engineer for reference. 1.08 QUALITY CONTROL. SUBMITTALS A. Manufacturers' Certification of Proper Installation: Where manufacturer's certification is required in the Specifications, the manufacturer shall provide certification stating the following: 1. The product or system has been installed in accordance with the manufacturer's recommendations. 2. The product or system has been inspected by a manufacturer's authorized representative. 3. Applicable safety equipment has been properly installed. 4. Proper electrical and mechanical connections have been made. 5. The product or system has been serviced with the proper lubricants -. 6. Proper adjustments have been made and the product or system is ready for functional testing, startup, and operation. B. Certification of Compliance: 1. Where specified, furnish certification of compliance for products specified to a recognized standard or code prior to the use of such products in the work. a. Engineer may permit use of certain materials or assemblies prior to sampling and testing if accompanied by a certification of compliance. b. Certifications shall be signed by the manufacturer of the product; state that the components involved comply in all respects with the requirements of the Specifications. 1 1 c. Furnish certification of compliance with each lot delivered to the jobsite and clearly identify the lot so certified. 2. Products used on the basis of a certification of compliance may be sampled and tested at any time. The fact that a product is used on the basis of a certification of compliance shall not relieve Contractor of N:\0417\055\SPECS\DIV 1\SEC01300.doc 8/26/2008 01300 -Page 10 of 13 SECTION 01300 DIVISION 1 -GENERAL REQUIREMENTS SUBMITTALS responsibility for incorporating products in the-work which conforms to requirements of the Contract Documents. Products not conforming to such requirements will be subject to rejection whether in-place or not. 3. Engineer reserves the right to refuse permission for use of products on the basis of a lack of a certification of compliance. C. Functional Test Certification: Where a certification of functional testing is specified for certain facilities or equipment, Contractor (as applicable to the facilities or equipment furnished) shall state in writing that: 1. Necessary hydraulic structures, piping systems, valves, and similar facilities have been successfully tested. 2. Necessary equipment systems and subsystems have been checked for proper installation, started, and successfully tested to indicate they are operational. 3. Adjustments and calibrations have been made. 4. The systems and subsystems are capable of performing their intended functions. 5. The facilities are ready for performance testing, or for startup and intended operation, as applicable. 6. The manufacturer has reviewed and acknowledged this certification. Where several manufacturers have furnished equipment in a system, obtain each manufacturer's review and acknowledgment of its ' respective equipment as part of a functional test for the overall system. ' D. Performance Test Reports: Prepare and submit performance test reports where specified for equipment and systems. ' 1.09 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification Sections, submit manufacturers' ' printed instructions for delivery, storage, assembly, installation, adjusting, and finishing, in quantities specified for product data. B. Identify conflicts between manufacturers' instructions and Contract Documents. InI u 01300 -Page 11 of 13 ' N:\0417\055\SPECS\DIV 1\SEC01300.doc 8/26/2008 1 SECTION 01300 DIVISION 1 -GENERAL REQUIREMENTS SUBMITTALS 1.10 MIX DESIGNS A. When specified in individual specification sections, submit manufacturer's product mix design to Engineer for review and approval. Mix designs shall include either a mix report by a certified testing laboratory or the specified number of laboratory test results. 1.11 MANUFACTURER'S CERTIFICATES u ~~ ~~ A. When specified in individual specification Sections, submit manufacturers' , certificate to the Engineer for review. B. Indicate that the material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on the material or product, but must be acceptable to Engineer. 1.12 RECORD DRAWINGS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications 3. Addenda. 4. Change Orders and Other Modifications to the Contract. 5. Reviewed Shop Drawings, Product Data, and Samples. B. A "Record Set of Drawings" shall show all field changes, as built elevations, service locations (size and type), crossing details of all existing utility lines, unusual conditions encountered during construction, the manufacturer and manufacturer's catalog number of equipment supplied, and all such other data as required to provide the Owner with an accurate "as constructed" set of Record Drawings. n ~, C. Record Documents and Shop drawings: Legibly mark each item to record actual construction including: I~ , l~~' N:\0417\055\SPECS\DIV 1\SEC01300.doc 8/26/2008 01300 -Page 12 of 13 n SECTION 01300 DIVISION 1 -GENERAL REQUIREMENTS SUBMITTALS 1. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the. Work. 3. Field changes of dimension and detail. 4. Details not on original Contract Drawings. D. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications. E. Contractor to furnish the "Record Set" to the Engineer at the completion of the project. F. Delete Engineer title block from all documents. _ G. Contractor's final payment estimate and final payment will not be processed until such time as the "Record Set" of drawings has been received and approved by the Engineer. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01300 N:\0417\055\SPECS\DIV 1\SEC01300.doc 8/26/2008 01300 -Page 13 of 13 SECTION 01400 ' CONTRACTOR QUALITY CONTROL DIVISION 1 -GENERAL REQUIREMENTS AND OWNER QUALITY ASSURANCE PART1 GENERAL 1.01 SECTION INCLUDES A. Related Sections B. Quality Assurance/Control of Installation C. Substitutions D. Inspections and Testing Laboratory Services E. Engineering Services, Materials and Control Testing 1.02 RELATED SECTIONS A. Section 1300, SUBMITTALS, Submission of Manufacturers' Instructions and Certificates 1.03 REFERENCE STANDARDS A. Should specified reference standards conflict with the Contract Documents, request clarification from the Engineer before proceeding. B. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference in any reference document. 1.03 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, ,manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality. B. Comply with all specified standards and requirements in this Project Manual as a minimum quality for the work. C. Obtain copy of and comply fully with manufacturers' instructions, including each step in installation or construction sequence. Should the manufacturers' instructions conflict with the Contract Documents, request a clarification from the Engineer before proceeding. D. Perform work using persons qualified to produce workmanship of specified quality. 01400 -Page 1 of 4 N:\0417\055\SPECS\DIV 1\SEC01400.doc 8/26/2008 SECTION 01400 CONTRACTOR QUALITY CONTROL ' DIVISION 1 -GENERAL REQUIREMENTS AND OWNER QUALITY ASSURANCE 1.04 SUBSTITUTIONS , A. Where the phrase "...or equal," "...or Engineer-approved equal," or similar wording is encountered in the Contract Documents, do not assume that the materials, equipment or methods will be accepted as equal unless the item has been specifically so approved for this work by the Engineer. B. Substitute or alternate manufacturers, fabricators, installers, materials and , methods proposed by the Contractor shall in all ways equal or exceed the requirements of the Contract Documents, as determined by the Engineer. C. If unforeseen circumstances occur that cause the Contractor to change suppliers, materials or methods after the bid is submitted, the Engineer will record all time and materials used by the Engineer and the Engineer's consultants in evaluating the proposed substitutions. D. If the Contractor can demonstrate to the satisfaction of the Engineer that a specified material or method was ordered in a timely manner and will not be available in time to meet specified completion dates, the Contractor ' shall submit the required information on the proposed substitution to the Engineer for approval. However, the Contractor is ultimately responsible for meeting the specified completion dates, and is fully responsible for any delays caused by late deliveries of the required equipment, materials or personnel ' 1.05 INSPECTION AND TESTING LABORATORY SERVICES A. The Owner shall appoint, employ, and pay for services of an Engineer to perform inspection and testing as specified hereafter. The Engineer will perform inspections, tests, and other services as specified in the Contract Documents. ' B. The Contractor shall notify the Engineer 24 hours prior to expected time for operations requiring services. ' C. The Contractor shall cooperate with the Engineer by furnishing the design mix and samples of materials, and by providing equipment, tools, storage , and assistance as requested. D. The Contractor shall make arrangements with an independent firm and ' pay for additional samples and tests required for Contractor's use. E. Re-testing required because of non-conformance to specified requirements shall be performed by the Engineer. Payment for re-testing 01400 -Page 2 of 4 N:\0417\055\SPECS\DIV 1\SEC01400.doc ' 8/26/2008 SECTION 01400 CONTRACTOR QUALITY CONTROL DIVISION 1 -GENERAL REQUIREMENTS AND OWNER QUALITY ASSURANCE will be charged to the Contractor by deducting the inspection or testing charges from his Progress Payment. 1.06 ENGINEERING SERVICES, MATERIALS AND CONTROL TESTING A. The following materials and control tests may be made by the Engineer to ' determine the Contractor's compliance with the specifications: 1. In-place Furnish Portland cement concrete cylinder and beam tests for concrete placed in the public right-of-way and concrete incorporated into public infrastructure improvements. One set of tests shall be required for every 50 cubic yards of concrete placed with a minimum of one set of tests per project. B. The following tests shall be made and paid for by the Contactor to determine the Contractor's compliance with the specifications: 1. Any tests the Contractor requires to control his crushing, screening or other construction operations. 2. Equipment performance and/or functional tests. 3. Test failures. C. Acceptance and rejection of materials will generally be determined from tests made of the various courses complete and in-place in the field. While the Engineer may, during the course of construction, make tests at the source or point of production, it is the responsibility of the Contractor to conduct, control, and test his production operations in such a manner that the material produced will meet the specification requirements. E. For all testing conducted by the Engineer or his assigns, the Contractor shall provide necessary trench safety protection measures, where applicable. Any Contractor's costs associated with any of this work shall be considered incidental to the work PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 MINIMUM TESTING REQUIREMENTS A. Tank leakage testing will not be conducted. Minimum quality control testing requirements for this project are summarized below: 01400 -Page 3 of 4 ' N:\0417\055\SPECS\DIV 1\SEC01400.doc 8/26/2008 SECTION 01400 CONTRACTOR QUALITY CONTROL DIVISION 1 -GENERAL REQUIREMENTS AND OWNER QUALITY ASSURANCE 1. Concrete Strength Cylinder Tests: As specified in Section 03330. 3.02 CLEANING DURING CONSTRUCTION A. During execution of work, clean site and public .properties and dispose of waste materials, debris, and rubbish to assure that buildings, grounds, roads, and public properties are maintained. free from accumulations of waste materials. B. Wet-down dry materials and rubbish to prevent blowing dust. C. Provide approved containers for collection and disposal of waste material, debris, and rubbish. D. Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials from exposed and partially exposed surfaces. E. Repair, patch, and touch up marred surfaces to specified finish and to match adjacent surfaces. F. Vacuum clean interior building areas when ready to receive finish painting, and continue vacuum cleaning as needed until building is ready for substantial completion or occupancy. G. Vacuum clean all interior spaces, including inside cabinets. Broom clean paved surfaces and rake clean other surfaces of grounds. H. Handle materials in a controlled manner with as few handlings as possible; do not drop or throw materials from heights. I. Schedule cleaning operations so that dust and other contaminants resulting from cleaning process will not fall on wet, newly painted surfaces. J. Use only cleaning materials recommended by manufacturer of surfaces to be cleaned. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 4 MEASUREMENT AND PAYMENT (Not Used) END OF SECTION 01400 01400 -Page 4 of 4 N:\0417\055\SPECS\DIV 1\SEC01400.doc 8!26!2008 n 1 1 ii l SECTION 01500 CONSTRUCTION FACILITIES ' DIVISION 1 -GENERAL REQUIREMENTS AND TEMPORARY CONTROLS ' PART1 GENERAL 1.01 SECTION INCLUDES A. Temporary utilities required during construction. B. Temporary construction facilities, including access roads, field offices, and storage facilities. C. Requirements for security and protection of facilities and property. D. Requirements for traffic regulation and access to the work. ' 1.02 RELATED WORK SPECIFIED UNDER OTHER SECTIONS A. See Section 01560, ENVIRONMENTAL QUALITY CONTROL fortemporary controls for protection of the environment during construction. 1.03 MOBILIZATION A. Use area designated for Contractor's temporary facilities as shown as the staging area on Drawings. Arrange and pay for additional area if needed for construction operations, as acceptable to Owner, Engineer, and adjacent • property owners. B. Notify Owner of obstructions not shown or not readily apparent by visual inspection of the staging area. If such obstructions adversely affect Contractor's operations, proper adjustment to Contract will be considered. Do not remove obstructions without Owner's prior consent. 1.04 TEMPORARY UTILITIES A. Costs After Substantial Completion: Upon acceptance of the work or a portion of the work defined and certified as substantially complete by Engineer, and Owner commences full-time successful operation of the facility or portion thereof, the Owner will bear the cost for utilities used for Owner's operation. B. Electric Power: 1. Electric power for the Contractor's use may not be initially available at or near the project site or staging area. Determine the type and amount available and make arrangements for obtaining temporary electric power service, metering equipment, and pay all costs for the electric power used during the Contract period, except as specifically 01500 -Page 1 of 8 ' N:\0417\055\SPECS\DIV 1\SEC01500.doc 8/26/2008 SECTION 01500 CONSTRUCTION FACILITIES ' DIVISION 1 -GENERAL REQUIREMENTS AND TEMPORARY CONTROLS provided for utilities used by the Owner on portions of the work designated in writing by the Engineer as substantially complete. 2. Temporary electric power installations shall meet construction safety ' requirements of OSHA, state, and other governing agencies. 3. Cost of electric power used in performance and acceptance testing , shall be borne by Contractor. C. Water: ' 1. The Contractor shall provide an adequate supply of water of a quality suitable for all domestic and construction purposes. ~ ' 2. All drinking water on the site during construction shall be furnished by the Contractor and shall be bottled water or water furnished in approved metal or plastic dispensers. 3. The Contractor shall not make connection to, or draw water from any ' fire hydrant or pipeline without first obtaining permission of the authority having jurisdiction over the use of said fire hydrant or pipeline and from the agency owning the affected water system. For each such connection made, the Contractor shall first attach to the fire hydrant or pipeline a valve, a backflow preventer, and a meter, if required by the said authority, of a size and type acceptable to said authority and agency. 4. The Contractor is alerted that a water use permit system is in effect in ' Montana for temporary water uses for construction purposes. The Montana Water Use Act is codified in Chapters 2 and 15 of Title 85, MCA. The regulations pursuant to the Act are found in Chapters 12 and 14 of Title 36, ARM. A Permit to Appropriate Water must be applied for and received before construction of diversion work begins or water is diverted from any surface water source. Developments of ' around water with an anticipated use of more than 35 gallons per minute or 10 acre-feet require a Permit to Appropriate Water before any development begins or water is used. In the case of construction ' projects, a TEMPORARY PERMIT may be requested if the use of water is intended for only a limited period of time. An application for a Temporary Permit is processed according to the same procedures as ' for a provisional permit. The Temporary Permit has an expiration date based on the period requested and will automatically expire on that date. No Certificate of Water Right is issued on a Temporary Permit. 01500 -Page 2 of 8 N:\0417\055\SPECS\DIV 1\SEC01500.doc ' 8/26/2008 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 -GENERAL REQUIREMENTS AND TEMPORARY CONTROLS 7. Fire Protection: The construction plant and all other parts of the work shall be connected with the Contractor's water supply system and shall be adequately protected against damage by fire. Hose connections and hose, water casks, chemical equipment, or other sufficient means shall be provided for fighting fires in the temporary structures and other portions of the work, and responsible persons shall be designated and instructed in the operation of such fire apparatus-so as to prevent or minimize the hazard of fire. The Contractor's fire protection program shall conform to the requirements of Subpart F of the OSHA Standards for Construction. E. Sewage: Provide and maintain sanitary facilities for Contractor's employees and subcontractors' employees that comply with regulations of local and state health departments. Provide chemical toilets of suitable types and maintain them in a sanitary condition at all times, conforming to code requirements and acceptable to the health authorities. They shall be watertight construction so that no contamination of the area can result from their use. Make arrangements for frequent emptying of toilets. Upon completion of the work, remove toilets and restore area to original condition. F. Telephone: Arrange for onsite telephone service for Contractor's use during construction. Costs of installation and monthly bills for Contractor's telephone services shall be borne by the Contractor. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 TEMPORARY CONSTRUCTION A. Access Roads and Parking: Contractor may use the existing access to the .water tank. Any temporary access roads and detours which are necessary to execute the work require approval by the Owner and Engineer. Maintain existing and temporary access roads in good condition. Remove the temporary roads when no longer needed, and restore and revegetate any disturbed areas or otherwise leave the disturbed area in a preconstruction condition satisfactory to the Owner and Engineer. 01500 -Page 3 of 8 ' N:\0417\055\SPECS\DIV 1\SEC01500.doc 8/26/2008 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 -GENERAL REQUIREMENTS AND TEMPORARY CONTROLS 2. Use area designated as staging area on Drawings or other area as designated by the Owner for parking of Contractor's employees vehicles. B. Storage Yards and Buildings: 1. Construct temporary storage yards for the storage of products that are not subject to damage by weather conditions. Materials such as pipe, and reinforcing and structural steel shall be stored on pallets or racks, off the ground, and in a manner to allow ready access for inspection and inventory. Temporary gravel surfacing of storage yards must be approved by the Owner and Engineer. 2. Erect or provide temporary storage buildings of various sizes needed to protect mechanical and electrical equipment and other materials, as recommended by manufacturers of such equipment and materials: a. Provide environmental control systems that meet recommendations of manufacturers of equipment and materials stored in the buildings. b. Buildings shall be of sufficient size. c. Arrange or partition buildings to provide security for their contents and ready access for inspection and inventory. d. At or near completion of the work, temporary storage buildings shall be dismantled, removed from the site, and remain the property of the Contractor. 3. Store combustible materials (paints, solvents, fuels, etc.) in a well- ventilated building remote from other buildings. C. Fencing and Barricades: 1. Security Fence: a. Contractor shall maintain the existing security fence or provide temporary security fencing to maintain the existing tank in a secure state at all times. b. If desired by the Contractor, erect a temporary (or permanent, if applicable) security fence with gates and locks around the construction and/or staging area site, located and as approved by Owner and Engineer. C n 0 u u [] t 1 01500 -Page 4 of 8 ' N:\0417\055\SPECS\DIV 1\SEC01500.doc 8/26/2008 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 -GENERAL REQUIREMENTS AND TEMPORARY CONTROLS ' c. Where existing or new permanent fencing is used for security fence, restore to original or specified condition at completion of the work. ' 2. Barricades: Provide barricades as necessary to prevent unauthorized entry to construction areas, both inside and outside of fenced area. ' Also provide barricades to protect existing facilities and adjacent properties from potential damage. Locate barriers to enable access by facility operators and property owners. D. Engineer's Field Office: 1. The Contractor is not required to provide an Engineer's field office for this project. ' 3.02 SAFETY AND PROTECTION A. Examination of Existing Facilities: ' 1. After the Contract is awarded, before the commencement of work, at the Contractor's request, Contractor and Engineer shall make a ' thorough examination of all existing buildings, structures, and other improvements in the vicinity of the work and for which permission for entry has been granted, as applicable, which might be damaged by ' construction operations. 2. Records in triplicate of all observations shall be prepared by the ' Contractor and each copy of every document shall be signed by the authorized representative of the Owner and of the Contractor. ' 3. Photographs, as requested by the Owner, shall be made by the Contractor and signed in the manner specified above. One signed copy of every document and photograph will be kept on file in the office of the Engineer. 4. These records and photographs are intended for use as indisputable ' evidence in ascertaining whether and to what extent damage occurred as a result of the Contractor's operations, and are for the protection of the adjacent property owners, the Contractor, and the Owner. B. Safety Requirements: 1. Contractor shall do whatever work is necessary for safety and be solely and completely responsible for conditions of the jobsite, including safety of all persons (including employees) and property ' during the Contract period. This requirement shall apply continuously and not be limited to normal working hours. 01500-Page5of8 N:\0417\055\SPECS\DIV 1\SEC01500.doc 8/26/2008 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 -GENERAL REQUIREMENTS AND TEMPORARY CONTROLS 2. Safety provisions shall conform to Federal and State Departments of ' Labor Occupational Safety and Health Act (OSHA), and other applicable federal state, county, and local laws, ordinances, codes, ' requirements set forth herein, and regulations that may be specified in other parts of these Contract Documents. Where these are in conflict, ' the more stringent requirement shall be followed. Contractor shall , become thoroughly familiarwith governing safety provisions and shall comply with the obligations set forth therein. 3. Contractor shall develop and maintain for the duration of the Contract, ' a safety program that will effectively incorporate and implement required safety provisions. Contractor shall appoint a qualified ' employee who is authorized to enforce compliance with the safety program. 4. Engineer's duty to conduct construction review of the Contractor's , performance is not intended to include a review or approval of the adequacy of Contractor's safety supervisor, safety program, or safety ' measures. 5. Contractor shall do all work necessary to protect the general public ' from hazards, including, but not limited to, surface irregularities or unramped grade changes in pedestrian sidewalk or walkway, and trenches or excavations in roadway. , 6. Barricades, lanterns, and proper signs shall be furnished in sufficient amount to safeguard the public and the work. ' 7. As part of safety program, Contractor shall maintain at its office or other well-known place at the jobsite, safety equipment applicable to ' the work as prescribed by the governing safety authorities, and articles necessary for giving first-aid to the injured. Establish procedures for the immediate removal to a hospital or a doctor's care ' of person who may be injured on the jobsite. 8. Construct and maintain satisfactory and substantial temporary chain , link fencing, solid fencing, railing, barricades or steelplates, as applicable, at all openings, obstructions, or other hazards in highways, roads, streets, sidewalks, floors, roofs, and walkways. Such barriers , shall have adequate warning lights as necessary or required for safety. 9. If death or serious injuries or damages are caused, the accident shall be reported immediately by telephone or messenger to the Engineer and Owner. In addition, Contractor shall promptly report in writing all , N:\0417\055\SPECS\DIV 1\SEC01500.doc 8/26/2008 01500 -Page 6 of 8 ' o SECTION 0150 ' CONSTRUCTION FACILITIES DIVISION 1 -GENERAL REQUIREMENTS AND TEMPORARY CONTROLS ' accidents whatsoever arising out of, or in connection with, the performance of the work whether on or adjacent to the site, giving full details and statements of witnesses. 10. If claim is made by anyone against Contractor or any subcontractor on account of accident, Contractor shall promptly report the facts in writing, giving full details of the claim. C. Fire Prevention: Perform all work in a fire safe manner. Furnish and maintain on the site adequate fire fighting equipment capable of extinguishing incipient fire. Comply with applicable federal, local, and state fire prevention regulations. Where these regulations do not apply, follow applicable parts of the National Fire Prevention Standard of Safeguarding Building Construction Operations (NFPA No. 241). D. Use of Explosives: No blasting or use of explosives will be allowed on the jobsite. E. Protection of Work and Property: 1. General: a. Contractor shall employ such means and methods necessary to adequately protect public property and property of the Owner against damage. In the event of damage to such property, immediately restore the property to a condition equal to its original condition and to the satisfaction of the Engineer and the owner of said property, and bear all costs therefore. b. Protect stored materials, cultivated trees and crops, and other items located adjacent to the proposed work. Notify Owner and property owners affected by the construction at least 48 hours in advance of beginning of construction in different areas. 2. Finished Construction: a. Contractor shall assume the responsibility for protection of finished construction and shall repair and restore any and all damage to finished work to its original or better condition. b. Prevent wheeling of loads over finished floors, either with or without plank protection, except in rubber-tired wheelbarrows, buggies, or dollies. Protect finished floors and concrete floors exposed as well as those covered with composition the or other applied surfacing. ' 01500 -Page 7 of 8 N:\0417\055\SPECS\DIV 1\SEC01500.doc 8/26/2008 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 -GENERAL REQUIREMENTS _ AND TEMPORARY CONTROLS c. At such time temporary facilities and utilities are no longer required for the work, notify Engineer of intent and schedule for their removal. Remove temporary facilities and utilities from the site as Contractor's property and leave the site in such condition as specified, as shown on the Drawings or as directed by the Owner or Engineer. d. In unfinished areas, leave the site evenly graded, seeded, or planted as necessary, in a condition that will restore original drainage, and with an appearance equal to or better than original. 3. Site Cleanup: a. Upon completion of the work, the Contractor shall remove all traces of temporary facilities, including office and storage facilities, stockpiles, equipment, construction debris, unused materials and scrap materials. The site shall be restored by re-grading and re-vegetating disturbed areas to resemble their original condition. If an agreement is reached with the Owner, surplus/leftover materials may be left on site for the Owner's future use. Site cleanup shall be performed as an incidental to the performance of the work and the Unit Prices on the Bid Sheet. END OF SECTION 01500 01500 -Page 8 of 8 , N:\0417\055\SPECS\DIV 11SEC01500.doc 8/26/2008 SECTION 01560 ENVIRONMENTAL DIVISION 1 -GENERAL REQUIREMENTS QUALITY CONTROL PART 1 GENERAL 1.01 SECTION INCLUDES A. General Provisions B. Erosion and Sediment Control Measures and Works C. Water Pollution Control D. Storm Water Discharge Permit E. Chemical Pollution F. Dust Abatement G. Noise Pollution H. Preservation of Historical and Archeological Data I. Waste Material Disposal J. Maintenance, Removal and restoration 1.02 WORK INCLUDED A. The work shall consist of installing measures or performing work to control and protect the environmental quality of the project site and to minimize the pollution of the water and air during the construction operations in accordance with these specifications. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 GENERAL PROVISIONS A. The Contractor in executing the work shall maintain affected areas within and outside project boundaries free from environmental pollution that would be in violation of federal, state, or local regulations. B. Do not impair operation of existing systems. Prevent construction material, pavement, concrete, earth, volatile and corrosive wastes, and other debris from entering sewers, pump stations, or other structures. Maintain original site drainage wherever possible. 3.02 EROSION AND SEDIMENT CONTROL MEASURES AND WORKS A. The Contractor shall conduct his work in accordance with the requirements of the Montana Department of Environmental Quality (MDEQ), Storm Water Program requirements discussed in Article 3.04 herein. N:\0417\055\SPECS\DIV 1\SEC01560.doc 8/26/2008 01560 -Page 1 of 8 SECTION 01560 ENVIRONMENTAL , DIVISION 1 -GENERAL REQUIREMENTS QUALITY CONTROL B. Control of Earthwork Activities: Any excavation and moving of soil materials shall be scheduled so that the smallest possible areas will be unprotected from erosion for the shortest time practical. 2. Excavated materials or other construction materials shall not be stockpiled or deposited near or on stream banks, lake shorelines, or other watercourse perimeters where they can be washed away by high water or storm runoff or can in any way encroach upon the actual watercourse itself. 3. All areas disturbed or newly created by the construction activity, shall be seeded with vegetation both in kind and in quantity (this will include both herbaceous and woody species) that are indigenous to the area for protection against subsequent erosion and to minimize adverse impacts to fish and wildlife resources. This may require maintenance such as reseeding, watering, implementation of grazing restrictions, fencing, etc., to ensure the survival of the replacement vegetation. C. Seeding: Seeding to protect disturbed areas shall be used as specified in MPWSS Section 02910, SEEDING, and Section 02920, HYDRAULIC SEEDING. D. Mulching: Mulching shall be used to provide temporary protection to soil surfaces from erosion. E. Vegetation Conservation: Except where clearing is required for the permanent works, approved construction roads, or excavation operations, all trees, native shrubbery, grass lawn, and vegetation shall be preserved and shall be protected from damage by the construction operations and equipment. The Contractor shall move equipment on access routes within the right-of-way in a manner which will prevent damage to lawns, crops, range land, or property. F. Diversions: 1. Diversions shall be used to divert water away from work areas and/or to collect runoff from work areas for water quality treatment and safe discharge. 2. Diversions or channel changes required by the Contractor to complete the work shall be completed in a manner to minimize erosion and to leave the stream course essentially unchanged. N:\0417\055\SPECS\DIV 1\SEC01560.doc 8/26/2008 01560 -Page 2 of 8 1 1 SECTION 01560 ' ENVIRONMENTAL DIVISION 1 -GENERAL REQUIREMENTS QUALITY CONTROL ' 3. T.he Contractor shall remove all diversions, culverts, bridges and other temporary work following completion of the work and shall restore the area disturbed to essentially the same configuration as it was prior to ' construction or to the final lines and grades as shown on the Contract Documents. ' G. Sediment Basins: Sediment basins shall be used to settle and filter out sediment from eroding areas, and to protect properties and streams below the construction areas. 3.03 WATER POLLUTION CONTROL ' A. The Contractor's construction activities shall be performed by methods that will prevent the entrance, or accidental spillage, of solid matter, contaminants, debris, and other objectionable pollutants and wastes into ' streams, flowing or dry watercourses, lakes, and underground water sources. Such pollutants and wastes shall include, but are not restricted to, refuse, garbage, cement concrete, sanitary waste, industrial waste, radioactive substances, oil and other petroleum products, aggregate processing tailings, mineral salts, and thermal pollution. B. Compliance with Applicable Laws and Regulations: ~' 1. The Contractor shall comply with all applicable Federal, State and ' local laws, orders, and regulations concerning the control and abatement of water pollution. ' 2. Prior to the discharge of any wastewater or other pollutants, or any dredged or fill materials into Waters of the U.S., the Contractor shall ' obtain the proper permits (in addition to the existing Section 404 permit) and provide a copy of each to the Engineer. ' C. Other Provisions: 1. All construction debris shall be disposed of on land in such a manner ' that it cannot enter a waterway or wetland. 2. Equipment for handling and conveying materials during construction ' shall be operated to prevent dumping or spilling the materials into the water except as approved herein. ' 3. During construction and subsequent operation of this facility, no petroleum products, chemicals, or other deleterious materials shall be allowed to enter or be disposed of in such a manner so that they ' could enter the water and precautions shall be taken to prevent entry of these materials into the water. 01560 -Page 3 of 8 N:\0417\0551SPECS\DIV 1\SEC01560.doc 8/26/2008 SECTION 01560 ENVIRONMENTAL DIVISION 1 -GENERAL REQUIREMENTS QUALITY CONTROL D. Dewatering Procedures: 1. The Contractor shall construct, maintain, and operate cofferdams, channels, flume drains, sumps, pumps, or other temporary diversion and protection works. Furnish materials required, install, maintain, and operate necessary pumping and other equipment for the environmentally-safe removal and disposal of water from the various - parts of the work. Maintain the foundations and parts of the work free from water. 2. Where an excavation extends below the water table, dewater in a manner that will prevent loss of fines from the foundation. Maintain stability of slopes and bottom of the excavations, and perform construction operations in the dry. Use screened wells or equivalent methods for dewatering. Control seepage along the bottom of excavations, which may require ditches and pipe drains leading to sumps from which the water shall be pumped and properly discharged. E. (SECTION DELETED) 3.04 STORM WATER DISCHARGE PERMIT A. No Storm Water Discharge Permit is anticipated to be needed for the project work. If however, the Contractor's site disturbance exceeds the permit threshold requiring a permit, the Contractor shall apply to MDEQ for a storm water discharge permit. A Notice of Intent (NOI) Form, Storm Water Pollution Prevention Plan (SWPPP), and Notice of Termination (NOT) have been provided in Appendix B of the project bid documents. The Contractor shall complete the NOI form and SWPPP as Operator 1 (the sole permittee), and shall be fully responsible for paying all fees, including any renewal fees, and meeting all applicable requirements of the NOI, the SWPPP, and the General Permit. B. The Contractor shall provide the Engineer with copies of the completed application and the Receipt Confirmation Letterfrom MDEQ, priorto initiating any ground disturbance or earthmoving activities. The cost associated with this work shall be incidental to the other project work. C. The Contractor shall complete and submit the Notice of Termination (NOT) form to MDEQ in compliance with the provisions of the General Permit and shall provide copies of said NOI to the Engineer. ~f, 1 01560 -Page 4 of 8 N:\0417\055\SPECS\DIV 1\SEC01560.doc , 8/26/2008 60 SECTION 015 . ENVIRONMENTAL DIVISION 1 -GENERAL REQUIREMENTS QUALITY CONTROL ' 3.05 CHEMICAL POLLUTION A. The Contractor shall provide tanks or barrels to be used to dispose of ' chemical pollutants produced as a by-product of the project work such as drained lubricating or transmission oils, greases, soaps, asphalt, etc. At the completion of the construction work, storage tanks or barrels shall be ' removed from the site and properly disposed of. B. Sanitary facilities such as chemical toilets or septic tanks shall not be placed ' adjacent to live streams, wells, or springs. They shall be located at a distance of 200 feet or as required to prevent contamination of any well or water course. C. The term pesticide as used in these Specifications shall include all herbicides, insecticides, fungicides, and rodenticides. Should the Contractor find it necessary to use pesticides in the areas of work under this contract, he shall submit his plan for such use to the Engineer for written approval. The Contractor shall not proceed prior to approval by the Engineer. D. Pesticides used shall only be those registered with the Environmental Protection Agency in compliance with the Federal Environmental Pesticide Control Act of 1972 and other Federal pesticide acts. Pesticides names on the Department of the Interior's "Prohibited List" shall not be used. 3.06 AIR POLLUTION A. The Contractor shall comply with applicable Federal, State, and local regulations and permitting requirements concerning the prevention and control of air pollution and the burning of brush, slash or other materials. Burning is not permitted at the project site or on any City property. In no case shall unapproved materials, such as tires, plastics, rubber products, asphalt products, or other materials that create heavy black smoke or nuisance odors, be burned. Trash burning will not be permitted and smoke of any kind shall be minimized. B. Fire prevention measures shall be taken to prevent the start or the spreading of fires resulting from the project work. C. In the conduct of construction activities and operation of equipment, the Contractor shall utilize such practicable methods and devices as are reasonably available to control, prevent, and otherwise minimize atmospheric emissions or discharges of air contaminates. D. Equipment and vehicles that show excessive emissions of exhaust gases shall not be operated until corrective repairs or adjustments are made. 01560 -Page 5, of 8 ' N:\0417\055\SPECS\DIV 1\SEC01560.doc 8/26/2008 SECTION 01560 ENVIRONMENTAL DIVISION 1 -GENERAL REQUIREMENTS QUALITY CONTROL 3.07 DUST ABATEMENT A. All public access or haul roads used during construction of the project shall be sprinkled with water as required to fully suppress dust. The Contractor shall prevent dust which has originated from has operation from damaging lawns, crops, cultivated fields, rangeland, trees, businesses, and dwellings, or causing a nuisance. The Contractor shall be held liable for any damage resulting from dust originating from his operations under these Contract Documents. 3.08. NOISE POLLUTION A. The Contractor shall comply with applicable Federal, State, and local laws, orders, and regulations concerning the prevention, control, and abatement of excessive noise. B. The use of jackhammers, pile driving, or combustion engine driven dewatering pumps or generators, or other operations producing high-intensity noise may not be performed at night unless the Contractor receives prior approval of the Owner and nearby property owners. 3.09 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA A. Federal legislation provides for the protection, preservation, and collection of scientific, prehistorical, historical, paleontological, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project. B. The Contractor agrees that, should he or any of his employees in the performance of this contract discover evidence of possible scientific, prehistorical, historical, paleontological, or archeological data, he will cease work and notify the Owner or Engineer immediately giving the location and nature of the finding. Written confirmation shall be forwarded immediately. The Contractor shall exercise care so as not to damage artifacts or fossils uncovered during excavation operations and shall provide the cooperation and assistance necessary to preserve the findings for removal. C. Where appropriate by reason of a discovery, the Engineer may order delays in the time of performance, or changes in the work, or both. If such delays, or changes, or both, are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the General Conditions. D. The Contractor agrees to include the above provision in all subcontracts which involve the performance of work on the project site. 0 u 1 01560 -Page 6 of 8 N:\0417\055\SPECS\DIV 1\SEC01560.doc August 26, 2008 SECTION 01560 ' ENVIRONMENTAL DIVISION 1 -GENERAL REQUIREMENTS QUALITY CONTROL 3.10 WASTE MATERIAL DISPOSAL A. Excess excavated material not required or suitable for backfill, and other waste material, including Asbestos materials, must be disposed of in licensed landfills or at other sites for which local, county, or state approval is obtained. B. Unacceptable disposal sites include, but are not limited to, sites within a Waters of the U.S. (i.e., wetlands and waterways) or critical habitat and sites where disposal will have a detrimental effect on surface water or groundwater quality. C. Contractor may make his own arrangements for disposal subject to submission of proof that the owner(s) of the proposed site(s) has a valid fill permit issued by the appropriate governmental agency. D. Maintain areas covered by the Contract and affected public properties free from accumulations of waste, debris, and rubbish caused by construction operations. Remove excavated materials from the site, or stockpile where shown or directed by Owner or Engineer. E. Cleaning and disposal shall comply with local ordinances and pollution control laws. Do not burn or bury rubbish or waste materials on the project site. Do not dispose of volatile wastes such as mineral spirits, oil, chemicals, or paint thinner on-site or in storm or sanitary drains. Disposal of wastes into streams or waterways is prohibited. Provide acceptable containers for collection and disposal of waste materials, debris, and rubbish. 3.11 MAINTENANCE, REMOVAL AND RESTORATION A. The Contractor shall, at all times, keep the construction area, including storage areas used by him, free from accumulations of waste materials and rubbish. B. Waste materials including, but not restricted to, refuse garbage, sanitary wastes, industrial wastes, and oil and other petroleum products, shall be disposed of by the Contractor. Materials must be disposed of by acceptable means such as an approved solid waste facility. It shall be the responsibility of the Contractor to make any necessary arrangements pertinent to the locations and regulations of such disposal. Any fees or charges required to be paid for disposal of materials shall be paid by the Contractor. 01560 -Page 7 of 8 N:\0417\055\SPECS\DIV 1\SEC01560.doc August 26, 2008 SECTION 01560 ENVIRONMENTAL DIVISION 1 -GENERAL REQUIREMENTS QUALITY CONTROL C. Disposal of construction debris shall meet the requirements of the Montana Solid Waste Management Act (MCA-75-10-201 et seq.). The regulations pursuant to the Act are in ARM 16.14.501 et seq. and are referred to as the Montana Refuse Disposal Regulations. The statute and regulations are administered and enforced by the Montana Department of Environmental Quality. END OF SECTION 01560 N:\0417\055\SPECS\DIV 1\SEC01560.doc August 26, 2008 01560 -Page 8 of 8 SECTION 01700 DIVISION 1 -GENERAL REQUIREMENTS CONTRACT CLOSEOUT PART1 GENERAL 1.01 SECTION INCLUDES A. Damage to Existing Structures. B. Closeout Procedures. - C. Final Cleaning. D. Project Record Documents. E. Not Used F. Warranties, Bonds and Affidavits. G. Finallnspection. H. Not Used 1.02 DAMAGE TO EXISTING STRUCTURES A. Prior to final acceptance by the Owner, the Gontractor shall repair or otherwise return to original condition any parts of the existing or newly constructed facilities which have been damaged during constructron. 1.03 CLOSEOUT PROCEDURES A. The Contractor shall submit written certification that the Contract Documents have been reviewed, the work has been inspected, and that the work is complete in accordance with the Contract Documents and is ready for the Engineer's final inspection. B. The Contractor shall provide any submittals to the Engineer and/or the Owner that are required by governing or other authorities. C. The Contractor shall submit the final Application for Payment identifying the total adjusted Contract Sum, previous payments, and the sum remaining due. 1.04 FINAL CLEANING A. The Contractor shall keep the premises free of the accumulation of surplus materials and rubbish resulting from his construction operations and the operations of his subcontractors. The Contractor shall remove all waste and surplus materials, rubbish, and construction facilities from the site. N:\0417\055\SPECS\DIV 1\SEC01700.doc 8/26/2008 01700- Page 1 of 4 SECTION 01700 DIVISION 1 -GENERAL REQUIREMENTS CONTRACT CLOSEOUT B 3. Should Contractor not remove rubbish or debris or not clean the facilities and site as specified above, the Owner reserves the right to i have final cleaning done at the sole expense of the Contractor. C D. The Contractor shall execute final cleaning prior to the final inspection according to the following provisions: 1. Clean, sweep, wash, and polish work and equipment provided under the Contract, including finishes. Leave the structure and site in a complete and finished condition to the satisfaction of the Engineer and Owner. 2. Remove debris including dirt, sand, and gravel from sewers, pipelines, and structures. The Contractor shall also provide for the following: ~ ~ ~ 1 ~ ~ ~ 1. Employ experienced workers or professional cleaners for final cleaning. i 2. Conduct final inspection of exposed interior and exterior surfaces and of concealed spaces in preparation for substantial completion or occupancy. ~ 3. Remove grease, dust, dirt, stains, labels, fingerprints, and other i foreign materials from exposed interior and exteriorfinished surfaces. 4. Repair, patch, and touch up marred surfaces to specified finish, and match adjacent surfaces. 5. Broom clean paved surfaces; rake clean other surfaces. 6. Remove from the Owner's property temporary structures and materials, equipment, and appurtenances not required as part of, or appurtenant to, the completed work. See Section 01500, CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS. 7. Leave water courses, gutters, and ditches open and in condition satisfactory to Engineer and Owner. Owner will assume responsibility for cleaning as of the date of substantial completion. ~ ~ N:\0417\055\SPECS\DIV 1\SEC01700.doc 8/26!2008 01700- Page 2 of 4 CI SECTION 01700 DIVISION 1 -GENERAL REQUIREMENTS CONTRACT CLOSEOUT 1.05 PROJECT RECORD DOCUMENTS A. The Contractor shall maintain on site, one set of the following record documents to record actual revisions to the work: 1. Contract Drawings, Specifications, and Addenda. 2. Change Orders and other Contract Modifications. 3. Reviewed shop drawings, product data, and samples. B. The Contractor shall store Record Documents separate from the documents used for construction. C. The Contractor shall record information concurrent with the construction progress. D. The Contractor shall legibly mark and record in the Construction Documents at each product section, the description of actual products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda end Modifications. E. The Contractor shall legibly record all Documents and Shop Drawings to record actual construction characteristics including: 1. Measured horizontal and vertical locations of any underground utilities and appurtenances, referenced to permanent surface improvements. 2. Measured depths of foundations in relation to project datum. 3. Field changes of dimension and detail. 4. Details not on the original Contract Drawings. 5. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the work. F. The Contractor shall submit the required documents to Engineer with claim for Final Application for Payment. 1.06 NOT USED N:\0417\055\SPECS\DIV 1\SEC01700.doc 8/26/2008 01700- Page 3 of 4 SECTION 01700 DIVISION 1 -GENERAL REQUIREMENTS CONTRACT CLOSEOUT 1.07 WARRANTIES, BONDS AND AFFIDAVITS A. The Contractor shall submit all written warranties, bonds, and affidavits, along with notarized copies, as required to the Owner prior to final payment. B. Warranties shall extend for the full period of the required guarantee period after: 1. Replacement of work found defective during guarantee period. 2. Repair of inoperative items or adjustments to properworking condition of items not operating properly at time of final inspection. C. The Contractor shall execute and assemble documents from all subcontractors, suppliers, and manufacturers. D. The Contractor shall submit four (4) sets prior to the application for final payment, bound in 8 'h x 11-inch pages, in binders with durable plastic covers. The binder shall be provided with a printed title "WARRANTIES, BONDS AND AFFIDAVITS" and the project title. E. For Items of Work delayed beyond the date of Substantial Completion, the Contractor shall provide an updated submittal within ten days after acceptance, listing the date of acceptance as the start of warranty period. 1.08 FINAL INSPECTION A. The Contractor shall request a final inspection in writing prior to the anticipated date of completion. B. Work will not be considered ready for final inspection until it has been completed and the Contractor has certified that all items are properly operating and in strict compliance with the Contract Documents. C. The Contractor or his project supervisor shall be at the job-site during the final inspection. D. The Engineer will present to the Contractor, after the final inspection, a list of any items not meeting contract requirements. This list will be confirmed in writing by the Engineer and all items on it must be made acceptable before final payment will be made. PART2 PRODUCTS PART 3 EXECUTION (Not Used) END OF SECTION 01700 01700- Page 4 of 4 N:\0417\055\SPECS\DIV 1\SEC01700.doc 8/26/2008 SECTION 01770 DIVISION 1 -GENERAL REQUIREMENTS SUBSTANTIAL COMPLETION PART1 GENERAL ' 1.01 SECTION INCLUDES . A. General Application and Definition ' B. Certificate of Substantial Completion 1.02 GENERAL APPLICATION AND DEFINITION Except as noted herein, substantial completion shall be in accordance with the General Conditions and any related Supplementary Conditions. The warranty ' period for the work deemed to be substantially complete shall begin on the date identified on that comNleted Certificate of Substantial Completion. Contract time will continue to run until the Certificate of Substantial Completion for all work has been issued. In addition to the above requirements, completion, installation, and acceptance of all infrastructure improvements, acceptance of all surface restoration, and general clean-up shall be required to attain project substantial completion. ' The final completion inspection and project review for this project will be conducted by the Engineer and the Owner. ' There will be a single Substantial Completion document required for each group of schedules identified under each Contract. The warranty period will begin at the ' issuance date of the Substantial Completion document representing all schedules covered under Contract. There will not be individual warranty periods for each schedule or portions thereof of this project. ' 1.03 CERTIFICATE OF SUBSTANTIAL COMPLETION. ' (Form included in Miscellaneous Forms of this Project Manual) ' PART2 PRODUCTS Not Used. ' PART 3 EXECUTION Not Used. ' END OF SECTION 01770 01770 -Page 1 of 1 N:\0417\055\SPECS\DIV 1\SEC01770.doc 8/26/2008 SECTION 03330 ' GALVANIZED STRAND PRESTRESSING DIVISION 3 -CONCRETE AND SHOTCRETE PART1 GENERAL 1.01. DESCRIPTION This section covers the complete furnishing and installation= of galvanized strands for the circumferential prestressing of the repair of concrete dome ring and the complete shotcreting operations and the qualifications for _the Contractor. This section also covers general requirements for the tank repair and construction materials used for the repair and additional structural analysis of the repair using the finite element method to confirm the repair procedure method. In the event of a discrepancy between this section of the Specifications anal any other section of the Specifications, this section shall govern. . 1.02 RELATED WORK Related work specified in other sections: Section 03740 -Epoxy Injection of Existing Mortar Cracks 1.03 WORK BY CONTRACTOR A. Due to the nature of the project, it is the intent of these Specifications to obtain a first class product with emphasis on overall safety, quality and quality control, both during and after the repair process. B. The Owner is desirous of obtaining a repair which will not develop structural and aesthetic problems similar to the conditions requiring the current repair. Therefore, as evidenced by these Specifications and the required Shop that d t ' o assure e Drawings, a strong emphasis on performance has been ma desired details and proven construction methods be utilized to provide the highest quality structure available. ' i bid C. r s: Bidders are required to submit the following information with the ' 1. The name(s) and past experiences of the proposed superintendent who will be in direct charge of the project for the full duration of the Contract. ' 2. The information in Section 03330 - 1.04 herein pertaining to the pre- stressing equipment and the Contractor. D. The Contractor shall submit with his bid the name and address of the Owner ' and the completion dates and location of five structures on which the proposed qualifying equipment has been furnished and installed by the listed Contractor. Any stressing system that will not provide the substantial equiva- ' lent of the above requirements will be rejected. E A bid will not be considered responsive unless such data has been submitted ' . with the bid. ' 03330- Page 1 of 19 N:\0417\055\SPECS\DIV 3\3330.docx 8/26/2008 SECTION 03330 GALVANIZED STRAND PRESTRESSING ' DIVISION 3 -CONCRETE AND SHOTCRETE F. The prestressing shall be done by a firm or individual(s) having the equivalent ' of at least five (5) years continuous experience in the installation of the type of prestressing specified, and if subcontracted, the prestressing firm or individ- ual(s) will be responsible to the Contractor for the following phases of work:. ' 1. Perform a finite element analysis of the strand-stressed dome. 2. Sandblast the exterior concrete surface to be repaired. - , 3. Furnish and install the galvanized strand floating anchor system to dome ring. ' 4. Apply the shotcrete covercoat applications. 5. E oxy inject all hollow locations on the tank wall. , P 1.04 BID SUBMITTAL BY CONTRACTOR , A. The name and address of the Owner and the completion dates and location of five structures on which the proposed qualifying system, meeting the substance of these Specifications requirements, has been used by the Contractor. B. Descriptive literature of the strand stressing procedure meeting all of these ' Specification requirements. Failure to submit the above with the bid will cause the bid to be considered non- ' responsive and the bid will be rejected. 1.05 GENERAL DESCRIPTION OF WORK TO BE PERFORMED ' A. Disconnect and remove all exterior piping, ladders, handrails and any other , removable appurtenances which may cause obstruction to the repair. B. Sound the existing above grade area to be repaired for "hollow" areas and , defective concrete. C. Remove any areas of the above grade mortar found to be defective and ' replace to the equivalent existing thickness with anon-shrink mortar repair grout. D. Sandblast the exterior surface to be repaired. E. Apply'/2' thickness of shotcrete over the area to be repaired. ' F. Install galvanized strands around the tank circumference meeting the load requirements as indicated in the plans. 03330- Page 2 of 19 ' N:\0417\055\SPECS\DIV 3\3330.docx 8/26/2008 SECTION 03330 GALVANIZED STRAND PRESTRESSING DIVISION 3 -CONCRETE AND SHOTCRETE ' G. Apply 1.5" cover of shotcrete over all strands and floating anchor assemblies. H. Apply Thoroseal material to the top of the dome ring. ' I. Re-connect all detached piping, ladders handrails and appurtenances. ' 1.06 NON RESPONSIVE BID The information required in Section 03330 - 1.03 and Section 03330 - 1.04 above ' shall be submitted with the bid proposal. Failure to submit such information will be deemed a material irregularity which will cause the bid to be rejected as nonre- sponsive. . ' 1.07 FINITE ELEMENT ANALYSIS/SHOP DRAWINGS S A. The Contractor shall submit complete Shop Drawings for the prestressing and shotcreting work in accordance with these specifications. In preparing the shop drawings, the following design assumptions shall be used: 1. Roof dead load to be assumed to be su orted fully by the existing pP prestressing, no additional prestressing required for dead load. ' I d snow and/or eo to as indicated in drawin s. 2. Llve oa ( p p ) 9 3. I = 1.25 4. SS = 0.760 5. S1 = 0.233 ' B. It is outside the specifications of this project and the Contractor is not required to investigate or address any deficiencies in any other portion of the tank beyond supply prestressing for the roof live load. Areas that are not required to be addressed include but are not limited to: prestressing for the dead load, prestressing on wall, below grade gunite covercoat, strength and durability of ' existing concrete, adequacy of existing wall design under static and seismic loading, water tightness of tank and tank joints, seismic connections between tank dome, wall and base, adequacy and quality of tank appurtenances and piping, compliance with any regulatory requirements from local, state, federal agencies, geotechnical or hydraulic performance of tank. ' C. Before the dome is post-tensioned, the Contractor shall perform athree- dimensional Finite Element Analysis (FEA) of the dome and dome-ring. Such analysis shall verify that the compressive force in the dome-ring shall not exceed the allowable limits. In addition, the finite element analysis shall investigate and compute the effects of the imposed forces from the floating ' 03330- Page 3 of 19 N:\0417\055\SPECS\DIV 3\3330.docx 8/26/2008 SECTION 03330 GALVANIZED STRAND PRESTRESSING , DIVISION 3 -CONCRETE AND SHOTCRETE anchor strand stressing variations in the dome deflection and the effect, if any, , of the induced bending stresses. If the FEA shows detrimental stresses in the dome, the contractor shall propose solutions with corresponding cost and time impacts for the Owner's consideration. The final determination on how to , proceed shall be the Owner's. D. Contractor shall submit Shop Drawings of the circumferential prestressing ' schedule and the strand anchor elevations for the Engineer's approval before the repair is started. Shop drawings shall include structural analysis data sealed and signed by a qualified professional engineer licensed in the State of , Montana. 1.08 PRODUCT DELIVERY, STORAGE AND HANDLING , A. Prestressing steel shall be adequately packaged against intrusion of chemical contaminants (from the atmosphere or otherwise) for the protection of the ' steel against physical damage and corrosion during (and subsequently as the result of) shipping and storage. B. Prestressing steel that has sustained physical damage through rust or otherwise will be rejected. ' C. All materials and prestressing material delivered to the job site shall be stored off the ground on planks, supported by 4" x 4" timber, which must be covered with polyethylene or sizalkraft paper to prevent any moisture from coming up , from the bottom. D. Prestressing strands, anchorages, etc., shall be stacked neatly and as ' compact as possible. E. All materials for strands shall be covered with tarpaulins in such a manner that , water, rain, moisture and dust are kept away. PART 2 MATERIALS 2.01 GALVANIZED SEVEN-WIRE STRAND A. Hot-dipped galvanized seven-wire strand used for prestressing shall meet the ' following minimum requirements unless otherwise shown on the Drawings: Item 1. Nominal strand diameter 2. Nominal area after galy. 3. Nominal weight/1000 LF N:\0417\055\SPECS\DIV 3\3330.docx 8/26/2008 03330- Page 4 of 19 Specification ' Type A Type B 1/2" 6/10" 0.153 in2 0.217 in2 , 520 lbs. 720 lbs. SECTION 03330 GALVANIZED STRAND PRESTRESSING ~ DIVISION 3 -CONCRETE AND SHOTCRETE ' 4. Tensile strength (min.) 38,200 lbs. 54,200 lbs. 5. Yield strength @ 1 % extension (min). 28,600 lbs. 40,600 lbs. 6. Elong. in 24" at fracture (min.) 4.5% 4.5% ' 7. Weight of zinc coating (min.) 0.85 oz./ft.2 0.85 oz/ftz B. ~ Hot-dipped galvanized seven-wire strand shall be manufactured in ' accordance with ASTM A-416 prior to galvanizing. Each wire of the strand shall be individually hot-dipped galvanized before being stranded. ' 2.02 TESTING OF PRESTRESSING MATERIAL A. Contractor shall furnish at his own expense Mill test certificates showing the ' dimensional and physical characteristics of each size or heat of the prestressing steel he has furnished. ' B. Contractor shall furnish evidence, to the satisfaction of the Engineer, prior to the preparation of Shop Drawings and installation of galvanized strand, that the .proposed strand floating anchor system meets the requirements of these ' Specifications. The Engineer may order additional tests to be taken. Should such additional tests not meet the Specifications, such expenses shall be paid for by Contractor; otherwise such expenses shall be borne by the Owner. ' TE 2.03 SHOTCRE . A. Shotcrete Mix Design Proposals 1. Shotcrete Mix: Submit each mix design to the Engineer for review at least 14 days before first use is planned. Include substantiating test data and mix design details, including aggregate gradation and source, ' water/cement ratio, mix proportions, air content, slump, and strength. Substantiating data must include tests by an independent testing laboratory verifying the requirements specified under "Shotcrete ' Proportioning". Submit complete information for each mix design which has different strength, different aggregate size or gradation, different proportions or is to be transported differently. For previously used mix submit copies of at least 10 tests meeting these specifications. Do not use any concrete until the mix design and substantiating data for that concrete has been reviewed and approved. B. Portland Cement ' 1. Portland cement shall be from an approved source and shall conform to the requirements of the current ASTM Specification C-150, for Type II cement. Only one brand of cement from one manufacturing plant may ' be used. 03330- Page 5 of 19 N:\0417\055\SPECS\DIV 3\3330.docx 8/26/2008 ~ SECTION 03330 GALVANIZED STRAND PRESTRESSING , DIVISION 3 -CONCRETE AND SHOTCRETE 2. Cement may be delivered in paper sacks or in bulk. 3 If cement is delivered in sacks, each sack shall contain not less than 94 pounds of: cement, and if delivered in bulk, one barrel of cement shall be considered to weigh 376 pounds. 4. In order that the cement may not become unduly aged after delivery, the Contractor shall use cement that has been stored on the jobsite before using cement direct from freighting, hauling, or transporting operations. 5. Storage bins for bulk cement shall be watertight and constructed so that there will be no dead storage. 6. If there is reason to believe that dead storage exists, the bins shall be emptied completely at least once every four months. 7. Cement bins at the mixing plant, and cement storage silos shall be provided with effective dust collectors at the vents to prevent loss of cement. 8. The Contractor shall designate the source and quantity of cement required for his needs at least 30 days prior to its use, so that appropriate tests, inspection and certification can be made. 9 Certified mill certificates shall be furnished by the cement company with every shipment, giving proof that the above requirements have been met. 10. In addition, the Owner may conduct, at its own expense, any tests it considers necessary, to insure that the cement furnished meets the specified requirements. 11. Any cement not meeting the Specifications will be rejected. 12. The Owner may direct the use of Portland cement of a type other than that above specified, in which case it will pay the additional cost, if any for the cement required over the cost of that specified, or shall receive appropriate credit for any cement required of a lesser cost than specified. N:\0417\055\SPECS\DIV 3\3330.docx 8/26/2008 03330- Page 6 of 19 ~~i SECTION 03330 ' GALVANIZED STRAND PRESTRESSING DIVISION 3 -CONCRETE AND SHOTCRETE ' C. Fine aggregates 1. Fine aggregate shall be clean, natural sand consisting of hard, strong, ' durable and uncoated particles. 2. Material removable by decantation from fine aggregate shall not exceed ' five percent (5%) by weight. 3. The moisture content of fine aggregate shall be carefully monitored by ' the use of moisture probes, placed at varying depths, which indicate the moisture content at the time the aggregate is used for the concrete. ' 4. Fine aggregate shall be subjected to careful, thorough analysis to determine conformity with all requirements of these specifications. ' 5. Mortar specimens made with the fine aggregate shall have a compressive strength after seven (7) days of at least ninety percent ' (90%) of the strength of similar specimens made with Ottawa sand 10 40 ± 0 having a fineness modulus of 2 . . . 6. It shall contain no vegetable matter of soft, friable, thin, flat or elongated particles in quantities considered deleterious . ' 7. When tested in accordance with "Organic Impurities in Sands for Concrete: (ASTM C40), the fine aggregate shall provide a color in the supernatant liquid no darker than the reference standard color solution. ' 8. A well graded coarse sand shall be used for all shotcrete applications. 9. Coarse sand shall generally consist of the following gradation: ' Sieve Size % Passing by Weight 3/8 inch 100 ' No. 4 95-100 No. 8 80-100 No. 16 50- 85 ' No. 30 25- 60 No. 50 10- 30 ' no. 100 2- 10 The fineness modulus shall fall between 2.70 and 3.00. ' 10. Plastersand shall be used for finish coatings if smooth (as opposed to "natural") surfaces are required on the Shop Drawings. 03330- Page 7 of 19 ' N:\0417\055\SPECS\DIV 3\3330.docx 8/26/2008 SECTION 03330 GALVANIZED STRAND PRESTRESSING , DIVISION 3 -CONCRETE AND SHOTCRETE 11. Plastersand shall meet the following gradation: Sieve Size % Passing by Weight 3/8 inch No. 4 No. 8 No. 16 No. 30 No. 50 No. 100 The fineness mods D. Rebound 100 97-100 90- 98 70- 85 35- 55 15- 25 2- 8 ilus shall fall between 2.40 and 2.75. 1. Rebound is defined as aggregate mixed with some cements, which ricochets off the surface during the application of shotcrete because of collision with the harder surface, reinforcement, or with the aggregate particles themselves, which amount varies with the position of the work, air pressure, cement content, maximum size and grading of aggregate, amount of reinforcing and thickness of layer. 2. Rebound materials may not be reused in any form for shotcrete. E. Water Water shall meet the requirements set out in Section 03300 of these Specifications. F. Non-Shrink Mortar Repair Grout Non-Shrink mortar repair grout with natural aggregates for use in patching defects in the tank rim shall conform to the Corps of Engineers' Specification for non-shrink grout, CRD-C261 and to these specifications. Fluid grout as determined by the flow cone, CRD-C61, shall have a minimum strength of 4,800 psi at 7 days and 6,800 psi at 28 days as determined by CRD-C227. The following non-shrink grout, or approved equivalent, is acceptable for use as non-shrink mortar repair grout: 1. SikaTop 12.3 Plus, Sika Corporation. G. Waterproof Cement Coating Provide a waterproof cement coating in areas as shown in drawings. Apply waterproof cement coating per manufactures instructions. Prior to application N:\0417\055\SPECS\DIV 3\3330.docx 8/26/2008 03330- Page 8 of 19 1 SECTION 03330 ' GALVANIZED STRAND PRESTRESSING DIVISION 3 -CONCRETE AND SHOTCRETE ' of waterproof cement coating the product shall be submitted to the Engineer for approval. H. shotcrete Proportioning 1. Each one cubic yard of mortar in the ready mix truck or mixer shall consist of 0.1 % (1.5 lbs. per cubic yards) polypropylene fibers and a mix ratio of 3 lbs. of moist sand to 1 Ib. of Portland cement. Up to 50 oz. of PRO-KRETE-R or POZZOLITH 300R may be added at the option of Contractor during warm weather conditions. 2. Whenever night temperatures are expected to drop below 35F, "high early" Portland cement shall be used in lieu of regular Portland cement. Should "high early" Portland cement not be available, the mix design shall consist of a moist sand-Portland cement mix ratio, by weight, no greater than 2.59. 3. If the batching procedure requires that smaller volumes of cement and ' sand be used, the required cement-to-sand ratio shall still be strictly adhered to. ' 4. Additives other than PRO-KRETE-R or POZZOLITH 300R (such as POZZOLITH 300N or others) shall not be used unless specifically approved by the Engineer, after careful consideration of its corrosive ' influence on prestressing steels. 5. The total volumetric air content of the shotcrete before placement shall ' not exceed 7 percent (plus or minus one percent) as determined by ASTM C-173 or ASTM C-231. 6. Unless otherwise shown on the Drawings, shotcrete cylinder strengths at 28 days shall be no less than 4,000 psi. Higher shotcrete cylinder strengths shall not permit a reduction in the above specified cement contents. The cement content in the above mix designs may be in- creased should the specified 28 day strength requirement not be met. 7. The polypropylene fibers and admixtures shall be added to the shotcrete at the time it is batched and in the amounts as required here- in. Such additives shall be mixed in strict conformance to the manufacturer's instructions and recommendations for uniform and complete distribution. Each certificate of delivery supplied by the shotcrete supplier shall indicate the additive trade name, manufacturer's name and amount per cubic yard added to each batch of shotcrete. 03330- Page 9 of 19 N:\0417\055\SPECS\DIV 3\3330.docx 8/26/2008 SECTION 03330 GALVANIZED STRAND PRESTRESSING , DIVISION 3 -CONCRETE AND SHOTCRETE PART 3 CONSTRUCTION 3.01 Defective Concrete A. Using a heavy metal object, Contractor shall "sound".the entire above grade exterior surface to be repaired at approximately 12" o.c. in each direction. Any areas found to be "hollow" sounding or found to be visually defective, shall be removed by chipping hammer or drill. Any large cracks shall be opened, v-grooved and cleaned. B. All areas to be repaired shall be cleaned of loose concrete, dust, etc. These surfaces shall be coated with a 2 part epoxy. Drypacking shall proceed only while the epoxy coat is tacky. Any areas found to be in need of repair, shall be drypacked with a 1 cement to 2 sand mortar mix. The drypacked surface shall be finished flush with the adjoining concrete surface. C. All large cracks and/or hollow areas of gunite, shall be pumped, under pressure, with a 2 part water insensitive. epoxy. Epoxy grouting equipment shall be capable of developing a minimum pressure of 150 psi. Epoxy grouting equipment shall be furnished with a pressure gage having afull-scale reading to 500 psi. All cracks shall be clean and free of water and properly sealed to assure proper epoxy penetration. Grout injection pipes shall be fitted with positive mechanical shutoff valves or crimping devices which shall not be removed until the epoxy has properly set-up. In cold weather, especially during frosts, special precautions must be taken to avoid the freezing of epoxy grout and/or thermal expansion of the concrete cracks. 3.02. Prestressing Application A. The number and spacing of strands shown on the Shop Drawings shall not be altered without the Engineer's approval. B. Strands shall be used for prestressing which meet the requirements of Section 03330 2.01.A of these Specifications. C. Prestressing strands shall be accurately placed at the locations shown on the Shop Drawings, or as approved by the Engineer. D. Placing of strands shall be done to proper locations, elevations and alignments, with a maximum tolerance of plus or minus 1/4 inch. E. The bands of strands around the exterior surface to be repaired shall be installed to the elevations required on the Shop Drawings. F. Strands shall be temporarily placed and secured by blocking, wood framework and/or hanging apparatus. 03330- Page 10 of 19 N:\0417\055\SPECS\DIV 313330.docx 8/26/2008 SECTION 43330 ' GALVANIZED STRAND PRESTRESSING DIVISION 3 -CONCRETE AND SHOTCRETE G. Graphite pads or Teflon pads may be placed at locations where the strand, couplers and/or stressing anchor is in contact with the concrete surface. H. The Contractor shall be careful to install the couplers and stressing anchors in accordance to the locations shown on the Shop Drawings. All prestressing operations shall be performed in accordance with~ACl 350. 3.03 Circumferential Prestressing Operations A. The Contractor shall stress each band by applying 10,000 lbs. of force to the strand at two anchor locations, spaced 180° apart, chosen at random. The application of this load should be applied to one end of each anchor. This applied force should tighten up the band and eliminate any slack which may be in the line. B. Once the strand has been locked off at the 10,000 pound force, the Contractor shall engage the stressing machinery and pull the strand from the other end of the anchor to the remaining desired force and the strand shall then be locked off at this load. C. A check on the elongation shall be made at this time. D. After the initial anchor location has been stressed to the required final force, and the elongation has been checked, the Contractor may then proceed to the subsequent anchors and then to the next band. The same procedure as detailed above will then be followed. E. It is only necessary to pull one end of the remaining anchor assemblies in each band. These shall all be stressed to the final desired force shown on the Shop Drawings. F. The Contractor shall apply the stresses as per the sequence detailed on the Shop Drawings. G. The force setting on the strand stressing machinery shall be such that the applied forces fall within the specified minimum or maximum stress or force limitations; the force setting shall be corrected immediately when the applied force falls outside the required force tolerance limitations. 3.04 Safety Precautions A. Every precaution shall be taken to keep personnel and visitors outside the danger area of breaking strands. 03330- Page 11 of 19 N:\0417\055\SPECS\DIV 3\3330.docx 8/26/2008 I~ SECTION 03330 GALVANIZED STRAND PRESTRESSING , DIVISION 3 -CONCRETE AND SHOTCRETE B. At no time shall anyone stand in the line of stressed strand. C. No work shall be performed by anyone, other than the prestressing crew, within 100 feet from the strand stressing operation. D. Where access to the site by unauthorized persons is outside the Contractor's control, while prestressing work is in progress, Contractor shall erect protective fencing to prevent breaking strands from endangering such persons. E. There shall be no welding to anchor plates after the strand have been assembled, neither shall prestressing steel be used as a "ground" for welding operations. 3.05 Abrasive Blasting Exterior surfaces of the dome-ring, which will receive strandwrapping shall be abrasive blasted. The surface shall be abrasive blasted sufficiently to remove all laitance, form oil or other type of coatings. 3.07 Shotcrete Equipment A. B C Mixing This shall be done in conformance with the requirements of Section 03300 Delivery Equipment ii u 1. The delivery equipment shall be of an approved design and size which has given satisfactory results in similar previous work. 2. The equipment shall be capable of discharging mixed materials into the hose under close control and shall be able to deliver a continuous smooth stream of uniformly mixed material at the proper velocity to the discharge nozzle, free from slugs of any kind. 3. The nozzle shall be of a design and size that will ensure a smooth and uninterrupted flow of materials. 4. Delivery equipment shall be thoroughly cleaned at the end of each shift. 5. Equipment parts shall be regularly inspected and replaced as required. Air Supply The air capacity of the compressor shall be large enough that the minimum amount of air to be available at the nozzle shall be no less than 400 CFM, irrespective of whether or not air from the same air supply is used for other purposes. N:\0417\055\SPECS\DIV 3\3330.docx 8/26/2008 03330- Page 12 of 19 ii u ' SECTION 03330 GALVANIZED STRAND PRESTRESSING DIVISION 3 -CONCRETE AND SHOTCRETE ' 3.08. Shotcrete Application Process A. Shotcrete shall be applied under the wet mix process only. ' B. The nozzle shall be kept at a uniform constant distance from the surface, always insuring a right angle spray of the material to the surface. C. Grout materials shall be delivered to the jobsite in ready-mix trucks from approved batching plants. However, job mixing will be accepted provided ' automatic weigh batch plants are used. D. Th sand cement and water shall be remixed before bein um ed throw h e p 9p p 9 ' a 2" minimum hose by specially designed mortar pumps. E. The high velocity impact shall be developed pneumatically by injecting compressed air at the nozzle. F. The minimum air capacity to be furnished to the nozzle shall be 400 CFM. 3.09 Shotcrete Placing and Finishing A. General d fl t i t d i t d h ll b li ow. n errup e y, un n a s ea e app e 1. Shotcrete s a 2. Should the flow become intermittent for any cause, the machine ' operator shall direct the nozzle away from the work until it again becomes constant, or shut off the flow of materials. B. Position of Pneumatic Nozzles ' The nozzle shall be held at approximately right angles to the surface and shall be kept at the proper and the same distance from the surface dictated by good practice standards for the type of application, type of nozzle and air pressure employed. ' C. Shotcreting More Than One Layer ' 1. Sufficient time shall be allowed for each layer of shotcrete to set up so it may take the next layer without sagging. ' 2. The shotcrete shall be started at the bottom of the wall until all strands have been covered. Subsequent shotcrete layers may be applied from the top down or from the bottom up at the discretion of the Contractor. D. Application of Shotcrete ' 1. To ensure proper penetration around the stands and anchors and proper conveyance of the material through the hose, a 5" to 7" slump of the mortar at the pump is recommended. 03330- Page 13 of 19 N:\0417\055\SPECS\DIV 3\3330.docx 8/26/2008 SECTION 03330 GALVANIZED STRAND PRESTRESSING DIVISION 3 -CONCRETE AND SHOTCRETE 2. The application of the shotcrete in the number and thickness of layers specified here-in is mandatory for proper penetration of shotcrete behind the strands and to reduce shrinkage due to more uniform in-depth drying of the shotcrete. E. shotcrete Covercoats Over Galvanized Strands 1. Prior to placing the strands, the area to be repaired shall be covered with a minimum cover of 1/2" F. Coating Thickness 1. All shotcrete coatings shall be built up in layers of approximately'/z to 3/ inches in thickness until the final required thickness has been obtained. 2. Unless otherwise shown on the Shop Drawings, the minimum shotcrete cover over all strands and anchors shall be 1.5 inches. G. Protection of Adjacent Buildings and Surface 1. The Contractor shall take every possible precaution to protect adjacent buildings, concrete surfaces, vehicles, equipment, etc., from being damaged by overshooting shotcrete and by materials carried away by the wind. 2. Overshot shotcrete and rebound materials deposited on the roof shall be removed before it adheres to the concrete surface. 3. Contractor shall pay for all damages caused by operations under this contract. 3.10 STRENGTH TEST OF CYLINDERS DURING WORK A. The Contractor will retain an independent testing agency to provide concrete t testing herein. B. Provide for test purposes, sets of four cylinders each, taken for each 50 cubic yards or portions placed each day, minimum. Test one cylinder per set at 7 days, two at 28 days, and retain one for backup. C. Evaluation will be in accordance with ACI Standard Building Code Requirements for Reinforced Concrete (ACI 318 latest edition), Section 4.7, "Evaluation and Acceptance of Concrete", and these Specifications. Where the term "building official" is used in Section 5.6 of ACI 318, term shall be redefined to "the Owner's representative". N:\0417\055\SPECS\DIV 3\3330.docx 8/26/2008 03330- Page 14 of 19 SECTION 03330 ' GALVANIZED STRAND PRESTRESSING DIVISION 3 -CONCRETE AND SHOTCRETE D. Specimens will be made, cured, and tested by the Owner's independent testing firm in accordance with ASTM C31 and ASTM C39. The Engineer shall determine which concrete trucks are to be tested in any pour and shall direct the independent testing firm. Only the Engineer or the testing firm may transport specimens or cylinders from the site to the laboratory, unless specifically arranged otherwise by the engineer. E. Frequency of all testing may be increased at discretion of Engineer. F. Cold Weather Placement Tests: 1. During cold weather concreting, Contractor's independent testing firm will cast cylinders for field curing as follows. Use method which will produce greater number of specimens: a. Six extra test cylinders from the last 100 cubic yards of concrete. b. Minimum three specimens for each 2 hours of placing time or for each 100 yards. 2. These specimens shall be in addition to those cast by Contractor for lab testing. 3. Protect test cylinders from the weather until they can be placed under same protection provided for the parts of the structure which they represent. 4. Field cured test cylinders shall be taken and tested as specified herein to determine whether the required compressive strength has been achieved and forms can be removed. 5. Test cylinders in accordance with applicable sections of ASTM C31 and C39. 6. Evaluation and Acceptance: As specified herein. 3.11 shotcrete Nozzleman A. To ensure a high quality shotcrete, the Contractor shall satisfy the Engineer ' that the nozzleman has had sufficient and acceptable experience in the application of structural shotcrete. ' B. Experience gained on shotcrete pool and ditch construction will not be considered as experience for qualifying the nozzleman, unless approved by ' the Engineer. ' 03330- Page 15 of 19 N:\0417\055\SPECS\DIV 3\3330.docx 8/26/2008 SECTION 03330 GALVANIZED STRAND PRESTRESSING DIVISION 3 -CONCRETE AND SHOTCRETE C. The nozzleman shall be capable of applying thin coats of even and uniform ' thickness. D. The nozzleman's skill will be tested and approved by the Engineer before he ' may start any work. 3.12 Restrictions on Shotcrete Operation ' A. Shotcrete shall not be applied under such strong wind conditions that a considerable amount of cement and moisture will be removed by the wind ' from the mortar spray between the nozzle and the surface on which the shotcrete is applied. B. Shotcrete may be applied in cold weather provided the surfaces are not ' frozen. C. The temperature during the day must be expected to rise to at least 40° F and the night temperature of the first night after the shotcrete application must not be expected to drop below 27° F. D. The use of Type 3 Portland cement is required (when readily available) in the event shotcrete is applied at temperatures below 40° F. E. The Contractor may apply shotcrete under the conditions specified herein solely at his own risk. F. Whenever rain or frost has damaged shotcrete which has not had a chance to set up, such shotcrete shall be removed and replaced. G. Contractor shall consult with the Engineer to determine whether or not the shotcrete damaged by rain or frost will be accepted before applying any new layers of shotcrete. 3.13 Cold Weather Placing A. All concrete work, including concrete finishes, shall be protected from physical damage or reduced strength which could be caused by freezing or low temperatures, in compliance with the requirements of ACI 306 and ACI 318 and as herein specified. B. When the temperature of the surrounding air is expected to be below 40 degrees Fahrenheit during concrete placement or within 3 days (72 hours) thereafter, the temperature of the placed concrete shall be maintained at temperatures no lower than 60 degrees Fahrenheit nor sections less than 12 inches in any dimension or 55 degrees for any other section. Heated water and/or aggregate shall be used in accordance with ACI 306. 1. The placed concrete temperature shall be maintained at or above the specified temperatures for curing for at least 7 days. N:\0417\055\SPECS\DIV 3\3330.docx 8/26/2008 03330- Page 16 of 19 l,' ' SECTION 03330 GALVANIZED STRAND PRESTRESSING DIVISION 3 -CONCRETE AND SHOTCRETE C. Frozen concrete materials containing ice or snow shall not be used. Concrete shall not be placed on frozen subgrade or on subgrade containing frozen materials. The Contractor shall determine that the forms, reinforcing steel, ' and adjacent concrete surfaces are entirely free of frost, snow, and ice before placing any concrete. ' D. The use of calcium chloride, salt, or other materials containing antifreeze agent or chemical accelerators shall not be allowed, unless authorized in writing by the Engineer. E. Strength requirements may require additional protection and curing during cold weather due to delayed field strength gain. F. Determine strength, attainment, and the requirement for continue protection, from field test cylinders, cured alongside the cast concrete structure. G. Surface Temperature: 1. The actual temperature of concrete surface determines effectiveness of protection, regardless of air temperatures or whether the objective is durability or strength. 2. Provide a sufficient number of thermometers placed on concrete surfaces spaced throughout the work to allow inspection and monitoring of concrete surface temperatures representative of all, the work. H. External Heating Units: 1. Vent heating units and do not locally heat or dry concrete. a. Do not exhaust flue gases directly into an enclosed area. b. Ensure fire safety and fire prevention measures are enforced during use of heating units. ' I. Maintain. curing conditions which will foster normal strength development without excessive heat, and without critical saturation of concrete at the close of the protection period. ' J. Limit rapid temperature changes, particularly before strength has developed sufficiently to withstand temperature stresses. ' K. At end of the required period, discontinue protection in such a manner that the drop in temperature of any portion of concrete will be gradual and will not ' exceed, in 24 hours, 50 degrees F. ' 03330- Page 17 of 19 N:\0417\055\SPECS\DIV 3\3330.docx 8/26/2008 SECTION 03330 GALVANIZED STRAND PRESTRESSING DIVISION 3 -CONCRETE AND SHOTCRETE ' 3.14 Hot Weather Placing ' A. When hot weather conditions exist that would seriously impair the quality and strength of concrete, place concrete in compliance with ACI 305 and as herein ' specified. B. The ingredients shall be cooled before mixing to maintain the concrete ' temperatures at the time of placement below 80 degrees Fahrenheit. Mixing water may be chilled or chopped ice may be used. C. The use of retarding admixtures will not be allowed, unless otherwise ' accepted in mix designs by the Engineer. D. The forms shall be thoroughly wetted before placement of concrete. Make ' provisions for windbreaks, shading, fog sprays, sprinkling, or wet cover, when necessary. ' 3.15 Refl ective Cracking: A. Prevent reflective cracking due to differential temperatures between concrete ' and reinforcing steel. B. If reinforcement is in direct sunlight or is more than 20 degrees F higher in , temperature than concrete temperature before placement, wet reinforcement to cool it with water fog spray 10 minutes before placing concrete. Alternatively, reinforcing steel may be covered with water-soaked burlap if it ' becomes too hot, so that the steel temperature will not exceed the ambient air temperature immediately before embedment in concrete. C. Verify temperature of reinforcing is not more than 20 degrees F higher than ' fresh concrete. 3.16 shotcrete Watercuring ' A. Intermediate layers of shotcrete shall be kept damp by hand curing or other means no sooner than 12 hours after the shotcrete has been applied. ' B. This Watercuring is not required should additional shotcrete be applied on the entire wall surface within the following 12 hours. ' C. An indiscriminate use of continuous watercure for intermediate layers shall be avoided. ' D. Complete shotcrete surfaces, which do not receive any additional coatings, shall be intermittently watercured for a period of at least seven (7) days, with ' the aid of approved soaker hoses, placed around the top of the wall, and, if available, electric timers which permit the hoses to be automatically turned on and off at one hour intervals. Alternate methods of controlling the Watercuring ' may be used if approved by the Engineer. N:\0417\055\SPECS\DIV 3\3330.docx 8/26!2008 03330- Page 18 of 19 7 ' SECTION 03330 GALVANIZED STRAND PRESTRESSING DIVISION 3 -CONCRETE _ AND SHOTCRETE E. As an alternative to watercuring, the Contractor may encapsulate the shotcrete inside of plastic sheeting. Such plastic sheeting shall be lapped and sealed as necessary to properly cure the shotcrete. Membrane curing methods utilizing curing compounds or wax-based residuals will not be permitted. ' F. Wall coatings, as specified in Section 09900, shall be applied no later than five (5) days after completion of the watercuring. If conditions make it impos- sible to apply coatings within the five (5) day period, shotcrete shall be inter- ' mittently watercured for a period of ten (10) days instead of the seven (7) days specified here-in. END OF SECTION 03330- Page 19 of 19 N:\0417\055\SPECS\DIV 3\3330.docx 8/26/2008 SECTION 03740 ' EPOXY ADHESIVE INJECTION OF CRACKS DIVISION 3 -CONCRETE IN CONCRETE MEMBERS PART1 GENERAL 1.01 SCOPE The Contractor or his Subcontractor shall furnish. all materials, tools, equiprrr;ent, appliance, transportation, labor and supervision required to repair cracks by the injection of an epoxy resin adhesive. 1.02 QUALIFICATIONS A. Epoxy injection shall be performed by a certified applicator. B. Contractor's/Subcontractor's operator engaged in the epoxy injection process shall have satisfactory operator experience in the methods of restoring concrete structures utilizing the specific epoxy injection process indicated. Operator's experience shall include previous repairs of cracked or damaged concrete structures, the technical knowledge of correct material selection and use, and the operation, maintenance and troubleshooting of equipment. PART 2 MATERIALS & EQUIPMENT 2.01 EPOXY RESIN ADHESIVE FOR INJECTION Epoxy adhesive grout shall be a 100% solids 2-part water insensitive low-viscosity epoxy resin system. -.Epoxy shall be suitable for grouting both dry and damp cracks. Epoxy shall develop a minimum tensile strength (ASTM D695) of 6,000 psi and a minimum compressive strength of 8,000 psi. Epoxy shall be SELECT BOND GP-4440, as manufactured by SPC, Upland, CA, or equivalent. 2.02 SURFACE SEAL A. The surface seal material is that material used to confine the injection adhesive in the fissure during injection and cure. ' B. The surface seal material shall have adequate strength to hold injection fittings firmly in place and to resist injection pressures adequately to prevent leakage during injection. ' 2.03 EQUIPMENT FOR INJECTION A. The equipment used to meter and mix the two injection adhesive components ' and injection the mixed adhesive into the crack shall be portable, positive displacement type pumps with interlock to provide positive ratio control of exact proportions of the two components at the nozzle. The pumps shall be electric or ' air powered and shall provide in-line metering and mixing. B. The injection equipment shall have automatic pressure control capable of discharging the mixed adhesive at any pre-set pressure up to 200 psi plus or minus 5 psi and shall be equipped with a manual pressure control override. ' 03740 -Page 1 of 3 N:\0417\055\SPECS\DIV 3\03740.doc 8/26/2008 SECTION 03740 EPOXY ADHESIVE INJECTION OF CRACKS DIVISION 3 -CONCRETE IN CONCRETE MEMBERS C. The injection equipment shall have the capability of maintaining the volume ratio for the injection adhesive prescribed by the manufacturer of the adhesive within a tolerance of plus or,minus 5 percent by volume at any discharge pressure up to 200 psi. PART 3 EXECUTION OF WORK 3.01 PREPARATION A. Surface adjacent to cracks or other areas of application shall be cleaned of dirt, dust, grease, oil, efflorescence or other foreign matter which may be detrimental to the integrity of the bond between the epoxy and the injection surface. Acids and corrosives shall not be permitted. B. Entry ports shall be provided along the crack at intervals of not less than the thickness of the concrete at that location. C. Surface seal material shall be applied to the face of the crack between the entry ports. For through cracks, surface seal shall be applied to both faces. D. Enough time for the surface seal material to gain adequate strength shall pass before proceeding with the injection. 3.02 EPOXY INJECTION A. Injection of epoxy adhesive shall begin at lower entry port and continue until there is an appearance of epoxy adhesive at the next entry port adjacent to the entry port being pumped. B. When epoxy adhesive travel is indicated by appearance at the next adjacent port, injection shall be discontinued on the entry port being pumped, and epoxy injection shall be transferred to the next adjacent port where epoxy adhesive has appeared. C. Epoxy adhesive injection shall be performed continuously until cracks are completely filled. D. If port to port travel of epoxy adhesive is not indicated, the work shall immediately be stopped and the Engineer notified. 3.03 FINISHING A. When cracks are completely filled, epoxy adhesive shall be cured to sufficient time to allow removal of the surface seal without any draining or runback of epoxy material from cracks. B. Surface seal material and injection adhesive runs or spills shall be removed from concrete surfaces. , N:\0417\055\SPECS\DIV 3103740.doc 8/26/2008 03740 -Page 2 of 3 SECTION 03740 ' EPOXY ADHESIVE INJECTION OF CRACKS DIVISION 3 -CONCRETE IN CONCRETE MEMBERS ' C. The face of the crack shall be finished flush to the adjacent concrete showing no indention or protrusions caused by the placement of entry ports. 3.04 PRESSURE TEST A. The mixing head of the injection equipment shall be connected and the equipment run until clear uniformly mixed material flows into the purge pail. The Operator shall engage the equipment shut-off nozzle valve and subsequently bump the on-off switch while monitoring pressure on psi gauge until the pressure reaches 200 psi. Pressure gauge shall be monitored for one minute. If pressure is maintained between 190-200 psi, check valves shall be considered to be functioning properly and the injection may proceed. If pressure drops below 190 psi, Contractor shall be required to have new seals installed on the check valves and the equipment shall be subsequently retested. B. The pressure test shall be run for each injection unit at the beginning and after meal break of every shift that the unit is used in the work of crack repair. C. The adequacy and accuracy of the equipment shall be solely the responsibility of the Contractor. 3.05 RATIO TEST A. The epoxy mixture ratio shall be monitored continuously while injecting by placing a strip of masking tape on the sides of the A & B reservoirs full height. After filling reservoirs, the A & B levels shall be marked and monitored while running injection machine into purge pail for a period of one minute. B. The ratio test shall be run for each injection unit at the beginning and after meal break of every shift that the unit is used in the work of crack repair. 3.06 PROOF OF RATIO AND PRESSURE TEST s A. At all times during the course of the work the Contractor shall keep complete and accurate records available to the Engineer of the pressure and ratio tests ' specified above. B. In addition, the Engineer at any time without prior notification of the Contractor, ' may request the Contractor to conduct the tests specified above in the presence of the Engineer. END OF SECTION 03740 -Page 3 of 3 N:\0417\055\SPECS\DIV 3\03740.doc 8/26/2008