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HomeMy WebLinkAbout08- City of Bozeman Landfill, Phase 2 Closure Project Manual, 9/08Project Manual City of Bozeman Landfill Phase 2 Closure Project ~ Bid Bond ~ Bid Sheets and Signature Page 0 Acknowledgement ofAddenda September 2008 Prepared by: engineering Set No.. HELENA BILLINGS PO Box 4817 • 2501 Belt View Drive 115 N Broadway • Suite 500 Helena, MT 59604 Billings, MT 59101 j (406) 449-8627 • Fax (406) 449-8631 (406) 652-5000 • Fax (406) 248-1363 ~'~'~~ www.greatwesteng.com rat est - engineering ADDENDUM #1 CITY OF BOZEMAN PHASE II LANDFILL CLOSURE PROJECT DATE OF ADDENDUM: BIDS DUE: LOCATION TO DELIVER BIDS: BID OPENING: TO ALL PLANHOLDERS: September 16, 2008 2:00 PM, September 22, 2008 City of Bozeman Clerk of Commission City Hall 411 East Main Street PO Box 1230 Bozeman, MT 59771 2:00 PM, September 22, 2008 City Hall 411 East Main Street Bozeman, Montana This addendum shall serve to modify the plans and specifications for the City of Bozeman Phase II Landfill Closure Project as follows: CONTRACT DOCUMENTS AND SPECIFICATIONS 1. Division 0, Specification 00200 -Instructions to Bidders, Article 22 -State Laws and Regulations, Section 22.2, Clarification Subcontractors shall be registered with the Montana DOLT in order to bid this project. "Construction Contractors shall be registered in order to bid this project. Registration shall be per Montana Code Annotated 39-9-201. All Subcontractors whose portion of the work is over $2,500 will be required to submit proof of registration with Department of Labor and Industry (DOLT)." 2. Division 0, Specification 00300 -Bid Form Bid Item #6 -Reclaiming Borrow Area, completion of this bid item shall be contingent under the City's direction. The City reserves the right to eliminate this item should they elect to. fl 0 C u L Addendum #1 City of Bozeman Phase I Landfill Closure September 16, 2008 Page 2 of 3 rat Est engineering Should the City eliminate this bid item the Contractor will not be able to renegotiate the contract under Article 11 of the General Conditions. This bid item will be included in the total bid price and in the determination of Award. 3. Division 1 Specification 01275 -Measurement and Pavment, Section 3.1.B and 3.1.C, Clarification Bid Item #2 and Bid Item #3 shall be paid at the contract lump sum bid as indicated in the Bid Form. Plan sheets 2 and 3 show the area to be closed during this project and show the area that has already been closed under a previous phase of the project. Portions of the cell have been previously closed which leaves an estimated amount of 11 acres remaining to be closed within this project time. The Contractor is responsible for determining all quantities associated with these two bid items. Plan sheets 4 and 5 show cross sections of the closure area. The Contractor shall utilize this information to determine quantities. The borrow area has been designed for an adequate amount of material to complete this project plus a reasonable shrink/swell factor. 4. Division 1, Specification 01275 -Measurement and Payment, Section 3.1 .B, Addition The fencing located on the top of the landfill cell shall be removed by the Contractor and taken to the scrap metal pile at the end of the compost ' area. This cost for this item shall be included under Bid Item #2. 5. Division 1 Specification 01275 -Measurement and Payment, Section ' 3.1.G. Addition Install erosion control rolls around the perimeter of the borrow area. This item shall be paid on a unit price basis under Bid Item #7. Refer to the SWPP plan in Appendix A. ' 6. Division 2 Specification 02300 -Earthwork Section 3.8.C, Clarification The Owner and Engineer acknowledge that the Phase II Closure project is ' located on a Sanitary Landfill. Therefore, the Contractor is not responsible for settling of the closure cap past the end of the contract time. ii i~ 7 i '~ ii 7 Addendum #1 City of Bozeman Phase I Landfill Closure September 16, 2008 Page 3 of 3 rat Est engineering 7. Dust Control: The contractor shall be responsible for dust control using a water truck. The city will provide free water through a city fire hydrant located on Caddy Court. ACKNOWLEDGMENT OF ADDENDUM #1 All bidders shall acknowledge receipt of Addendum #1 in the Bid. Any Bid in which all issued addenda are not acknowledged may be considered incomplete. Sincerely, Great West Engineering, Inc. o ert Chur E Principal Enclosures Plan holders List - 2 pages Pre-Bid Conference Sign-In Sheet 7 fl n 1 u ~~~ J 0 7 ' 09/16/2008 10:36 4062461363 MONTANA ENGINEERING PAGE 02 1 L 1 J 0 0 l u u 0 ii u i PROJECT MANUAL Prepared for: City of Bozeman September 2008 Prepared by: Robert E. Church, PE Stephanie Reinig, EI ~~pNTgN ?BE E. ~, ~ ~.,CH ,,'10~ PE J ~O,~s~~l''~ Jam, ~z'~ Q AL 0 ~ ~` GreatWest engineering C 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS The Montana Public Works Standard Specifications, Fifth Edition, March 2003 and 2006 Addendum are incorporated herein by reference and shall be subject to the modifications and additions provided in the following Specifications. SERIES 0 -BIDDING AND CONTRACTING REQUIREMENTS Section Title WHITE SECTION 00100 Invitation to Bid 00200 Instructions to Bidders YELLOW SECTION 00300 Bid Form Bid Bond Form (EJCDC No. C-430 (2002)) WHITE SECTION 00500 Agreement Form BLUE SECTION 00700 Standard General Conditions (EJCDC No. C-700 (2002)) 00810 Supplementary Conditions to the General Conditions GOLD SECTION 00910 Special Provisions WHITE SECTION 00950 Standard Modifications to MPWSS PINK SECTION Wage Rates i 0 ~'~ ~~ [] 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DIVISION 1-GENERAL REQUIREMENTS Division Title 01041 Project Coordination 01250 Contract Modification Procedures 01275 Measurement and Payment 01290 Payment Procedures 01300 Submittals 01320 Construction Progress Documentation 01400 Contractor Quality Control and Owner Assurance 01500 Construction and Temporary Facilities 01600 Product Requirements 01700 Contract Closeout 01730 Execution Requirements DIVISION 2 -SITE CONSTRUCTION Section Title 02230 Site Clearing 02300 Earthwork 02370 Erosion Control and Sediment Retention Straw Rolls 02627 Leachate Collection System 02925 Seeding APPENDIX A -Erosion Control Plan/Notice of Intent/Storm Water Prevention Plan APPENDIX B - Geotechnical Evaluation 1 1 n u 1 J 0 0 i u 1 INVITATION TO BID 7 0 SECTION 00100 ' INVITATION TO BID ' Separate sealed bids for construction of the City of Bozeman Landfill Phase 2 Closure will be received by The City of Bozeman at the Clerk of Commission at the City Hall, 411 East Main St., PO Box 1230, Bozeman, MT 59771 until 2:00 pm local time on September 22, 2008 and then publicly opened and read aloud. ' The project consists of the base project and one additive alternate. The base project includes the construction of an 11-acre soil cover system to overlie the remaining portions of the City of Bozeman Landfill which have reached their final waste elevations. Construction elements include a 5.5-foot thick final cover system, ' comprising a 5-foot thick native soil layer and 0.5-foot thick native topsoil layer. Other work includes leachate cleanout extensions, reclamation of borrow area, seeding, and erosion control. Additive Alternate #1 includes ' closure of a 0.8 acre asbestos pit. The contract documents, consisting of half size Drawings and Project Manual, may be examined or obtained at the office of Great West Engineering, located at 2501 Belt View Drive, Helena, MT 59601, phone 406-449- , 8621 in accordance with Article 2.1 of Instructions to Bidders. Required deposit is $125.00 per set, which is not refundable. Individual full size plan sets are available upon request for an additional non-refundable deposit of $5.00 per full size plan sheet. ' In addition, the Drawings and Project Manual may also be examined at the following locations: Billings Builders Exchange Great Falls Builders Exchange Bozeman Plan Exchange Butte Builders Exchange Montana Contractors Association (Helena) ' There will be aPre-Bid Conference at the City landfill equipment building on Story Mill Road at 2:00 pm on September 15, 2008. Interested Contractors are encouraged to attend. Contractor and any of the Contractor's Subcontractors bidding or doing work on this project will be required to be registered with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, PO Box 8011, 1805 Prospect, Helena MT 59604-8011. ' Information on registration can be obtained by calling (406) 444-7734. All laborers and mechanics employed by Contractor or Subcontractors in performance of the construction work shall be paid wages at rates as required by Montana Prevailing Wage Rates. Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the ' City of Bozeman, in an amount not less than ten percent (10%) of the total amount of the bid. Successful Bidders shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance, as required, shall be provided by the successful Bidder(s) and a certificate(s) of that insurance shall be provided. The right is reserved to rej ect any or all proposals received, to waive informalities, to postpone the award of the _ contract for a period not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid that ' is in the best interest of the Owner. The City of Bozeman is an Equal Opportunity Employer. ' ~ SECTION 00100 INVITATION TO BID ' PAGE 1 OF 2 Published at Bozeman, Montana, this 31, day of August, this 7, and 14 day of September, 2008. Stacy Ulmen Citv Clerk, City of Bozeman (Title) END OF SECTION SECTION 00100 INVITATION TO BID PAGfi 2 OF 2 i~ 1 INSTRUCTIONS TO BIDDERS 0 1 1 SECTION 00200 INSTRUCTIONS TO BIDDERS ' ARTICLE 1-DEFINED TERMS 1.1 Terms used in these Instructions to Bidders will have the meanings indicated in the General ' Conditions and the Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below, which are applicable to both the singular and plural thereof A. "Bidder" -the individual or entity who submits a Bid directly to Owner. ' B. "Issuing Office" -the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. ' C. "Successful Bidder" -The lowest responsible Bidder submitting a responsive Bid to whom Owner (on the basis of Owner's evaluations as hereinafter provided) makes an award. ARTICLE 2 -COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in ' the Invitation to Bid maybe obtained from the Issuing Office. The deposit will not be refunded. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. ' 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. ' 2.4 The Contractor to whom a contract is awarded will be furnished, without cost to him, four copies of the Specifications and four sets of Drawings, together with all Addenda thereto. Additional ' copies of Specifications and Drawings may be obtained from the Engineer by the Contractor awarded the contract only on the following basis: ' Full or partial sets of Drawings $5.00 per sheet (Full size) $1.50 per sheet (Half size) Each book of Specifications $125.00 ARTICLE 3 -QUALIFICATION OF BIDDERS 3.1 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, present commitments and other such data as maybe called for in the Special Provisions. SECTION 00200 ' INSTRUCTIONS TO BIDDERS PAGE 1 OF 10 In determining the lowest responsible bid, the following elements will be considered: whether the Bidder involved (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the work properly and expeditiously; (c) has a suitable fmancial status to meet obligations incident to the work; and (d) has appropriate technical experience. Each Bidder maybe required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work that impairs his ability to fmance his contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. ARTICLE 4 - EXANIINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA AND SITE 4.1 Subsurface and Physical Conditions A. The Special Provisions identify: 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 paragraph 4.O1.A will be made available by Owner to any Bidder upon 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 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. 4.2 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by Owners of such Underground Facilities, including Owner, or others. Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless expressly provided otherwise elsewhere. 4.3 Hazardous Environmental Condition A. The Special Provisions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by Owner to any Bidder upon request. Those reports and drawings are not part of the SECTION 00200 INSTRUCTIONS TO BIDDERS PAGE 2 OF 10 ii 1 1 1 ' ~, 1 1 ~ o, ~ w~ 1 1 1 1 Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in the Special Provisions 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. Responsibility for Adequacy of Data Furnished A. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 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 Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. Access to the Site A. Upon request, Owner will provide Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill and compact all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Other Work at the Site A. Reference is made to Article 7 of the General Conditions and the Special Provisions 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 work. 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 as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; including but not limited to those general and local conditions affecting transportation, disposal, handling and storage facilities, availability of labor, water, power, roads, climactic conditions and seasons, physical conditions at the work Sites and project area as a whole, job site topography and ground conditions, equipment and facilities needed preliminary to and during work prosecution, SECTION 00200 INSTRUCTIONS TO BIDDERS PAGE 3 OF 10 4.8 ' C. Become familiar with and satis Bidder as to all Federal State and Local Laws and fS' , Regulations that may affect cost, progress, or performance of the Work; D. Carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except underground Facilities) which have been identified in the Special Provisions 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 ' Special Provisions as provided in paragraph 4.06 of the General Conditions; E. Obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to , any aspect of the means, methods, techniques, sequences and procedures of construction 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, exploration, tests, studies or data are necessary for the determination of its Bid for performance of the Work at the price 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 indicted in the Bidding Documents; H. Correlate the information known to Bidder, information and observations obtained from , visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; ' I. Promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to the Bidders; and , J. Determine that the Bidding Documents are generally sufficient to indicate and convey , understanding of all terms and conditions for the performance of the Work. 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 or procedures of construction that maybe 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 Bidding Documents and the written resolutions thereof by Engineer are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. , SECTION 00200 INSTRUCTIONS TO BIDDERS ' PAGE 4 OF 10 u I~ ARTICLE 5 -PRE-BID CONFERENCE 5.1 A pre-Bid conference will be held at the time and place listed 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 6.1 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. ARTICLE 7 -INTERPRETATIONS AND ADDENDA 7.1 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten (10) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.2 Addenda maybe issued to clarify, correct or change the Bidding Documents as deemed advisable by Owner or Engineer. 7.3 Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal, shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged maybe considered incomplete. ARTICLE 8 -BID SECURITY 8.1 A Bid must be accompanied by Bid Security made payable to Owner in an amount often percent (10%) of Bidder's maximum Bid price and in the form 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 a form attached if a form is prescribed) 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. 8.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents and furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within SECTION 00200 INSTRUCTIONS TO BIDDERS PAGE 5 OF 10 fifteen 15 da s after the Notice of Award Owner ma annul the Notice of Award and the Bid , ( ) Y ~ Y Security of that Bidder will be forfeited. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award maybe retained by Owner until the earlier of , (7) seven days after the Effective Date of the Agreement or (61) sixty-one days after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. 8.3 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving , the award will be returned within seven days after Bid opening. ARTICLE 9 -CONTRACT TIlVIES 9.1 The number of days within which, or the dates by which, the Work is to be (a) Substantially ' Completed and (b) also completed and ready for fmal payment are set forth in the Agreement. ARTICLE 10 -LIQUIDATED DAMAGES , 10.1 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11-SUBSTITUTE AND "OR-EQUAL" ITEMS , 11.1 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. If the Contractor bases his bid on substitute or "or-equal" items, he does so entirely at his own risk. Whenever it is indicted in the Bidding Documents that a substitute or "or equal" item of , material or equipment maybe 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 Paragraphs 6.05 of the General Conditions and maybe ' supplemented in the General Requirements or Special Provisions. ARTICLE 12 -SUBCONTRACTORS, SUPPLIERS AND OTHERS ' 12.1 The appazent Successful Bidder, and any other Bidder so requested, shall within five (5) days after Bid opening submit to Engineer a list of all such Subcontractors, Suppliers, individuals or entities ' proposed for the Work. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, Supplier, individual or ' entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. ' 12.2 If the apparent Successful Bidder declines to make any such substitution, the Owner may determine such Bidder to be non-responsive and reject the Bid. Declining to make requested substitution 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 and Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the ' Agreement as provided in Paragraph 6.06 of the General Conditions. SECTION 00200 INSTRUCTIONS TO BIDDERS PAGE 6 OF 10 , 12.3 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity ' against whom Contractor has reasonable objection. ARTICLE 13 -PREPARATION OF BID ' 13.1 The Bid Form is included with the Bidding Documents; additional copies maybe obtained from the Engineer. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations there from maybe considered as sufficient cause for rejection. Bids carrying ' riders or qualifications to the Bid being submitted maybe rejected as irregular. 13.2 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each Bid item listed therein. 13.3 Bids by a corporation must be executed in the corporate name by the president or avice-president or other corporate officer who is authorized to bind the corporation, and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that ' person's authority. 13.4 A bid by a partnership shall be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 13.5 A Bid by a limited liability company shall be executed in the name of the fum 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. ' 13.6 s name and official address. A Bid by an individual shall show the Bidder 13.7 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. Bonding and insurance for Joint Ventures shall be provided by a single company. 13.8 All signatures are to be in ink and names must be typed or printed below the signature. The title of the person(s) executing the Bid shall be clearly indicated beneath the signature. 13.9 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). Bids in which all issued addenda are not acknowledged may be considered incomplete. 13.10 The address and telephone number for communications regarding the Bid must be shown. 13.11 Current Montana Contractor's registration number must be shown. SECTION 00200 INSTRUCTIONS TO BIDDERS PAGE 7 OF 10 ARTICLE 14 -BASIS OF BID; EVALUATION OF BIDS 14.1 Bids. A. Bidders shall submit a Bid on a unit price and/or lump sum basis for each item of Work listed in the Bid schedule as provided in the Bid form. The Bid will not be considered unless the Bid Form is complete, containing all Unit Prices or lump sum prices as shown on the Bid Form, and Bids and totals are shown legibly in their proper locations. The total amount of the Bid shall be legibly written and numerically presented in the proper places and the Bid Form shall be manually signed. 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 for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit price will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the 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. ARTICLE 15 -SUBMITTAL OF BID 15.1 Each prospective Bidder is furnished one copy of the Bidding Documents. The Bid form is to be completed and submitted with the Bid security along with additional documents, if any, as identified in the Special Provisions. The Bid Form shall not be removed from this book. The entire Project Manual shall be submitted as a bid. 15.2 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 applicable, the designated portion of the Project for which the bid is submitted), the name and address of Bidder, the registration number of Bidder if available, 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 the address shown in the Invitation to Bid. 15.3 A. The Bid will not be considered unless accompanied by proper Bid Security in accordance with Article 8 of these Instructions to Bidders. B. Alternative Bids will not be considered unless called for. C. Bids or bid modifications by telephone, telegraph, fax or other telecommunication systems will not be considered. ARTICLE 16 -MODIFICATION AND WITHDRAWAL OF BIDS C~ ii C~ 0 16.1 Bids maybe modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date SECTION 00200 INSTRUCTIONS TO BIDDERS PAGE 8 OF 10 1 and time for the opening of Bids as called for in the Invitation to Bid. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s) who signed the Bid. 16.2 If, within twenty-four hours after Bids aze opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 -OPENING OF BIDS 17.1 Bids will be opened at the time set for opening in the Invitation to Bid and, unless obviously non- responsive, 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 18.1 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 security prior to the end of this period. ARTICLE 19 -AWARD OF CONTRACT 19.1 Owner reserves the right to reject any and 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 fmds, after reasonable inquiry and evaluation, to be non-responsible. Owner also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Owner reserves the right to reject the Bid of any Bidder if Owner believes it would not be in the best interest of the Project to make an award to that Bidder whether because Bid is not responsive or the Bidder is unqualified or of doubtful fmancial ability or fails to meet any other pertinent standard or criteria established by Owner. 19.2 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work maybe cause for disqualification of the Bidder and the rejection of all Bids in which that Bidder has an interest. ' 19.3 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 maybe requested in the Bid Form or prior to the Notice to Proceed. ' 19.4 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 Special Provisions. u ii SECTION 00200 INSTRUCTIONS TO BIDDERS PAGE 9 OF 10 19.5 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications and fmancial ability of Bidders, proposed Subcontractors, Suppliers, individuals or entities to perform the Work in accordance with the Contract Documents. 19.6 If the Contract is to be awarded, Owner will award the Contract to the responsible Bidder whose Bid, conforming with all material terms and conditions of the Bidding Documents, is lowest price, in the best interest of the Project, and other factors considered. The Owner reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to cancel the award of any Agreement at any time before the complete execution of said Agreement by all parties without any liability against the Owner. ARTICLE 20 -CONTRACT SECURITY 20.1 Article 5 of the General Conditions, as maybe modified by the Supplementary Conditions, sets forth Owner's requirements as to performance Bond, payment Bond, and certificates of insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by such Bonds and insurance. ARTICLE 21-SIGNING OF AGREEMENT 21.1 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver at least three (3) counterparts of the Agreement and attached documents to Owner. Within ten (10) days thereafter Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22 -STATE LAWS AND REGULATIONS 22.1 All applicable laws, ordinances and the rules and regulations of authorities having jurisdiction over construction of the project shall apply to the Contract throughout. State laws and ordinances which the Contractor must comply with, include but are not limited to, those involving workmen's compensation insurance, Contractor registration, and gross receipts tax. 22.2 Construction Contractors shall be registered in order to bid this project. Registration shall be per Montana Code Annotated 39-9-201. All Subcontractors whose portion of the work is over $2,500 will be required to submit proof of registration with Department of Labor and Industry (DOLI). 22.3 Pursuant to Section 15-50-205, Montana Codes Annotated, the Owner is required to withhold one (1) percent of all payments due the Contractor and is required to transmit such monies to the State Board of Equalization as part of the Public Contractor's Fee. In like fashion, the Contractor is required to withhold one (1) percent from payments to Subcontractors. Under the statute, these Public Contractor's Fees maybe used as credits against income tax and corporation license tax paid or due in Montana. END OF SECTION SECTION 00200 INSTRUCTIONS TO BIDDERS PAGE 10 OF 10 C J 0 BID FORM 1 n ` t SECTION 00300 ' BID FORM ' PROJECT IDENTIFICATION: City of Bozeman Landfill-Phase 2 Closure ' (Name of Project) Bozeman Montana (Location) THIS BID SUBMITTED TO: City of Bozeman, Clerk of Commission (Organization) ' 411 East Main St., PO Box 1230 (Street; PO Box) Bozeman MT 59771 (City) (State) (Zip Code) 1.1 The undersigned Bidder proposes and agrees if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents, to perform and furnish all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.1 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid, and Instruction to Bidders, including without limitations those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for sixty (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 B[D FORM PAGE 1 OF 9 n 7 7 3.1 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A- Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged the following Addenda: Addendum No. Addendum Date ~' ~ Co og B- Bidder has visited the site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Special Provisions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazard Environmental Condition, if any, which has been identified in the Special Provisions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F- Bidder does not consider that any further examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for perfornlance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of the Work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. SECTION 00300 BID FORM PAGE 2 OF 9 Ci Ci 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. 4.1 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or Hales of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. The BIDDER certifies that no official of the OWNER, ENGINEER or any member of such officials immediate family, has direct or indirect interest in the pecuniary profits or Contracts of the BIDDER. 5.1 The Bidder will complete the Work in accordance with the Contract Documents for the following price(s): SECTION 00300 BID FORM PAGE 3 OF 9 1 1 C 1 I~ [] ~. BID SHEETS CITY OF BOZEMAN LANDFILL PHASE 2 CLOSURE BASE PROJECT Total 1`v o. Quantity Unit Item Unit Price Price 1 1 LS Mobilization ~~ 2 1 LS Excavate, Haul and Place Native ET Soil ~ Material ~ $ ~ ~5 C~'~~O $ `~5 ` 3 1 LS Excavate, Haul and Place Native Topsoil & Compost o $ ! 3 ~J $ [ 3~ ~p~ ~ r 4 1 LS Leachate Cleanout Extensions o~~ $ 1 ©G~ $ ~i~~ , 5 1 LS Seeding & Fertilizing o `' ~/' $ ~ ~~j $ l -2-. ~ ~ O 6 1 LS Reclaiming Borrow Area 7 30,000 LF Erosion Control Rolls ~J ~ ~J $ 5~~~~ $ J~ ~l _ ___- ~ J ,~ $ol ~~o~ 8 1 LS Lysimeter TOTAL BID PRICE (BASE PROJECT) TOTAL BID PRICE (BASE ~ PROJECT) ~ ~~ h 6 v ~ no ~_ ~~ q~'c~ (Figures) (Words) ~ him e~ ~ J~~.-r-~C. ~©/1c~5 4-- ~~~ cs2~~S SECTION 00300 BID FORM P.AGE40F9 1 1 r BID SHEETS CITY OF BOZEMAN LANDFILL PHASE 2 CLOSURE ADDITIVE ALTERNATE #1 ASBESTOS PIT CLOSUR_E_ Total No. Quantity LJnit Item Unit Price Price 101 1 LS Excavate, Haul and Place Final Cover o~ System $~ ~~ $ ~~ J~~~ _ J 102 1 LS Excavate, Haul and Place Native Topsoil o o`er a _/ & Compost $ ~ ~~~ $ ~~ Z50 103 1 LS Seeding & Fertilizing D' o_ j TOTAL BID PRICE (ADDITIVE ALTERNATE) $ ~~- 9 ~o~o (Figures) TOTAL Blll PRICE $ (ADDITIVE ALTERNATE) (Words) Gt'ol ~Ci/5 ~- Z 2.1n ~~S SECTION 00300 BID FORM PAGE 5 OF 9 1 C~ D BID SHEETS CITY OF BOZEMAN LANDFILL PHASE 2 CLOSURE BASE PROJECT & ADDITIVE ALTERNATE #1 r -~ BASE PROJECT ADDITIVE ALTERNATE #1 T otal SECTION 00300 BID FORM PAGE 6 OF 9 o~ $ o~ ~'~ g00 ~- i ~O© Hof $ ~y (~~X~ i~ 1 1 A. Unit Prices have been computed in accordance with paragraph 1 t .03.B. of the General Conditions. B. Bidder acknowledges that estimated quantities are not guaranteed, and arc solely for tl~e purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. C. The undersigned agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the Total Estimated Price and Total Amount of Unit Prices Bid as listed above 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. D. The OWNER reserves the right to reject any or all bids. 6.1 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.2 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.1 The following documents are attached to and made a condition of the Bid: A. Required Bid security in the amount of 10% of the maximum Bid price including alternates, if any, and in the form of a Bid Bond identified in the Instructions To Bidders. 8.1 The terms used in this Bid with the initial capital letters have the meanings indicated in the Instructions to Bidders, General Conditions, and the Supplementary Conditions. SUBMITTED on Q~ ~,`~ ZO©~ , Montana Contractor's Registration # fJ`~(~ ~ ~ Employer's Tax ID No. ~( - ~ ~ ~ 7 ~ GJ If BIDDER is: An IndividuaL• (Name typed or printed) By: (Individual's Signature) (SIJAL) Doing business as: Business Address: Phone No.: Fax No: SECTION 00300 BID FORM PAGE 7 OF 9 u 1 ~~~~ 1 n 0 it 1 r r r A Partnership: (Partnership Name) By: (Signature) (Name, typed or printed) Business Address: Phone No.: Fax No: A Corporation:1~c~l~~ ~ ~ ~- ~~~~ry ~Q'~ ~G (~~') t , (Corporation Name) State of Incorporation: l"lOn7FGC/_~ Type (General Business, Professional, Service, Limited Liability (7 Pry ~Gt,J~ .bc.~S Jn.2,SS By: ~i Title: 1 7~ Attest: (CORPORATE SEAL) (Signature of Secretary) Business Address: ~f2 ~~0~~s.a ~ ~ tli~ % ~~~ ~ J~~7 Phone No.: ~/~~ ~~ ~ 'o~try FAX No: ('~~So~ c~-~'~t'~~`7" Date of Qualification To Do Business Is: ~.~ ~ ~ ~ Z.., ~-~'~ A Joint Venture: Each Joint Venture Must Sign Joint Venturer Name: By: Name: Title: Business Address: Phone No.: (Name) (Signature of Joint Venture Partner) (Name, printed or typed) (~~-) FAX No: SECTION 00300 BID FORM PAGE 8 OF 9 1 J 0 u '?r PERFORMANCE BOND ' Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural wh~re`applicable. ' CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): Trapper Peak Construction,lnc. Berkley Regional Insurance Company P.O. Box 184 11201 Douglas Avenue ' Willow Creek, MT 59760 Des Moines, IA 50322 OWNER (Name and Address): City of Bozeman ' 411 East Main Street Bozeman, MT 59771 CONTRACT /I~ ~~ ~/ ' Effective Date of Agreement: ~ ~ // d Amount: $304,600.00 Three Hundred Four Thousand Six Hundred Dollars and 00/100 Description (Name and Location): City of Bozeman Final Landfill Closure ' BOND Bond Number: 0132604 ' Date (Not earlier than Effective Date of Agreement): 1 ~/ /~ /d~ Amount: $304,600.00 Three Hundred Four Thousand Six Hundred Dollars and 00/100 ' Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY ' Trapper Peak Construction,lnc. (Seal) Berkley Regional Insurance Company (Seal). Contractor's Nam o rate Seal Surety's Name and Corporate Seal 1 BY~ By: ( ' Signa u lgnature (Attach Power of Attorney) Jonathan M. Emmons Print a Print Name 1 Attorney-in-Fact Title r--, Title ' Attest~~...,.. ,~-:~,~,~ ~~ amt-~-- Attest: ~. Signature Si/gnatu>re .;~ ' G~ _ ~.c.~•-~~~~~ Title Title ' Note: Provide execution by additional parties, such as joint venturers, if necessary. 7 EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 1 E' Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by ' reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to ' participate in conferences as provided in Paragraph 2.1. i 0 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 __ 1 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; ' S.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages ' caused by delayed performance ornon-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the ' Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY - (Name, Address and Telephone)Payne Financial Group, Inc. Surety Agency or Broker: 1200 N. Montana Avenue, Helena, MT 59604 406-457-2124 Owner's Representative (Engineer or other party): EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Paee 3 of 3 r i u 1 PAYMENT BOND ' Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Trapper Peak Construction,lnc. Business): P.O. Box 184 Berkley Regional Insurance Company Willow Creek, MT 59760 11201 Douglas Avenue OWNER (Name and Address): Des Moines, IA 50322 City of Bozeman 411 East Main Street Bozeman, MT 59771 CONTRACT ~/ Effective Date of Agreement: ~ ~ ~ ~ /~ b Hfandred Four Thousand Six Hundred Dollars and 00/100 (~ Amount: $304,600.00 Three I Description (Name and Location):City of Bozeman Final Landfill Closure BOND Bond Number: 0132604 Date (Not earlier than Effe tive Date qf' Agreement): ~ (~) ~ /~~ Amount: $304,600.00 Three Hundred Four Thousand Six Hundred Dollars and 00/100 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Tra er Peak Construction c. (Seal) Berkley Regional Insurance Company (Seal) Contractor's Na nd rporate Seal Surety's Name and Corpo Seal By: By: _~ ~'1~ Sign re Signature (Attach Power of Attorney) ~..~Y"~ Jonathan M. Emmons Print N e Print Name Title' _ , \ ~, - Attest~____.~~~ f,~`~, Attest: Signature ~~__-,: , Title Attorney-in-Fact Title ~-.-. Signature Title - Note: Provide execution by additional parties, such as joint venturers, if necessary. {MW001504;1} EJCDC C-615(A) Payment Bond March zuus Prepared by the Engineers Joint Contract Documents Committee. - Page 1 of 3 l t i L J J 1 1 1 1 1 ~' ,~ . 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. ' 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or a$er the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense ' in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be ' sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common ' law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. ' 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with afirst-tier t subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, ' or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. ' 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY- (Name, Address, and Telephone)Payne Financial Group, Inc. Surety Agency or Broker: 1200 N. Montana Avenue, Helena, MT 59604 406-457-2124 Owner's Representative (Engzneer or other): {MW001504;1} EJCDC C-615(A) Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 l u i 1 ' ° ' No. 7810 POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a _ corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, Connecticut, has made, constituted and appointed, and does by these presents make, constitute and appoint: Jonathan M. Emmons, Patrick S. McCutcheon or Sharon M. Pfeiffer of Payne Financial Group, Inc. of Helena, MT its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Thirty Million and 00/100 Dollars ($30,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following - resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: J J ~ "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and ~' qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on y behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and ~' _ further J RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or - other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further ~a, RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though ~_ manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or = persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be u such at the time when such instruments shall be issued." ~- -- = IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its '=~, corporate seal hereunto affixed this ~~' day of ~=~j , 2008. ~> J~ ~ Attest: ---- Berkley Re 1InsuranceCompany .~-! ~ L /~ (Seal) By ~,~" / ~` By :.f~ Ira S. Lederman Robert P. Cole r ,: _ Senior Vice President & Secretary Senior Vice President r WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERK.LEY" SECURITY PAPER. STATE OF CONNECTICUT ) ss: 3 COUNTY OF FAIRFIELD ) _ Sworn to before me, a Notary Public in the State of Connecticut, this ~~' day of ~-"~`'~-~'''" , 2008, by Robert P. Cole and Ira S. Lederman »^ who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance Company. EILEEN KILLEEN ~ ~~"~~~'`" ~~'`~'~-`°`°~'"' NOTARY PUBLIC Notary Public, State of Connecticut MY COIUlMISSIQN EXPIRES JUNE 30, 2012 CERTIFICATE `J _- I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a ~- true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the 1 authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this day of (Seal) ~~ ' John F eers 1 Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group, Inc. manages all of the surety business of the following affiliated companies: Acadia Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance Company, Union Standard Insurance Company, Continental Western Insurance Company and Union Insurance Company. To verify the authenticity of this bond please call (800) 549-1727 or email BSGlnquiry~wrbcsurety.com Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Croup, Inc. 325 Columbia Turnpike Suite 203 Florham Park, NJ 07932 Attention: Surety Claims Department Ur email BSGCIaim(a wrbcsurety.com I'Icasc inclade with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted please set forth generally the basis of the claim. In the case of a payment or performance bond please identify the project to which the bond pertains. 1 n i AGREEMENT FORM ii 1 i 0 1 Notice to Proceed 1 Dated Project: pwn~ Owners Contract No.: City of Bozeman Landfill Phase 2 Closure City of Bozeman Landfill Pro'ect Contract: Engineers Project No.: City of Bozeman Landfill Phase 2 Closure Project 2-85-00069 Contractor. Trapper Peak Construction, Inc. Contractor's Address: [send Certified Mail, Retum Receipt Requested] ' 306 Broadway PO Box 184 ' Willow Creek, MT 59760 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 fmal payment is not applicable [(or) the number of days to achieve Substantial Completion is 105, and the number of days to achieve readiness for fmal payment is not applicablel• ' Before you may start any Work at the Site, Paragraph 2.O1.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. ' Also, before you may start any Work at the Site, you must [add other requirements]: N/A ' Owner Given by: ' Authorized Signature Title Date ' Copy to Engineer ' EJCDC No. C-550 (2002 Edition) Page 1 of 1 Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the ' Associated General Contractors of America and the Construction Specifications Institute. 1 1 J 1 J 0 SECTION 00500 ' AGREEMENT FORM + ~~ ~ptlt ~t/ q This Agreement is dated as of the I ~ day of in the yeara0~~, by and between City of Bozeman ' hereinafter called "Owner" and Trapper Peak Construction, Inc., hereinafter called "Contractor". Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ' ARTICLE 1-WORK ' 1.1 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: ' The project consists of the base project and one additive alternate. The base project includes the construction of an 11-acre soil cover system to overlie the remaining portions of the City of Bozeman Landfill which have reached their final waste elevations. Construction elements include a 5.5-foot thick final cover system, comprising a 5-foot thick native soil layer and 0.5-foot thick native topsoil layer. ' Other work includes leachate cleanout extensions, reclamation of borrow area, seeding, and erosion control. Additive Alternate # 1 includes closure of a 0.8 acre asbestos pit. ARTICLE 2 -THE PROJECT 2.1 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: t i~ 7 r City of Bozeman Landfill Phase 2 Closure ARTICLE 3 -ENGINEER ~.._ 3.1 The Project has been designed by Great West En ineering (Engineer), who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 -CONTRACT TIME 4.1 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.2 Days to Achieve Substantial Completion and Final Payment A. The Base Project Work will be substantially completed within 90 days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions. If the Additive Alternate is awarded the Contractor will be allowed 15 additional calendar days after the date when the Contract Time commences. Both the Base Project and Additive SECTION OOSbO AGREEMENT FORM PAGE 1 OF 8 r ' Alternate will be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 30 days after the date of substantial completion. ' 4.3 Liquidated Damages ' A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree "that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner ' five hundred dollars ($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 $500.00 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 -CONTRACT PRICE ' S.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the quantity of that item that is constructed and accepted. Unit prices are those listed in the Unit Price Schedule of the Bid Form attached as Exhibit A to this Agreement. Estimated quantities used for bidding purposes are not guaranteed, payment will be for actual quantities as ' determined by ENGINEER in accordance with Article 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions. ARTICLE 6 -PAYMENT PROCEDURES ' 6.1 Submittal and Processing of Payments ' A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the Contract Documents. ' 6.2 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 Engineer, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the number of units of each bid item completed times the bid unit price in the Unit Price Schedule of the Bid Form for that item. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the sum of the unit price items less the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer SECTION 00500 AGREEMENT FORM ' PAGE 2 OF 8 s '~~ 1 1 ' 6.3 may determine or Owner may withhold, in accordance with Paragraph 14.02 of the General Conditions: a. The Owner shall retain five percent (5%) of the amount of each payment until fmal completion and acceptance of all Work covered by the Contract Documents. b. Retainage will be five percent (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 General Conditions). Upon Substantial Completion, and at the Owner's discretion, shall pay an amount of retainage may be further reduced if requested by the Contractor. Final Payment A. Upon final completion and acceptance of the work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 14.07. ARTICLE 7 -INTEREST 7.1 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest ' at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS ' 8.1 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 paragraph 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 and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Special Provisions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Special Provisions as provided in Paragraph 4.06 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground facilities at or contiguous to the site. SECTION 00500 AGREEMENT FORM PAGE 3 OF 8 s ~~~~ i1 E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by 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 of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. ' G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations ' obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 -CONTRACT DOCUMENTS ' 9.1 Contents A. The Contract Documents consist of the following: ' 1. This Agreement (pages 1 to 8, inclusive). ^ 2. Performance bond (pages 1 to 2, inclusive). Payment bond (pages 1 to 2, inclusive). 4. Supplementary Conditions to the General Conditions -Section 00810 Montana Public Works Standard Specifications (pages 1 to 12, inclusive). Special Provisions (pages 1 to 7, inclusive). 6. 2007 Montai--a Prevailing Wage Rates (pages 1 to 27, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. SECTION 00500 AGREEMENT FORM PAGE 4 OF 8 r i r r r i 8. Drawings consisting of a cover sheet and sheets numbered 1 through 9 with each sheet bearing the following general title: City of Bozeman Landfill Phase 2 Closure Plans. 9. Addenda (numbers 1 to 1, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages 1 to 8, inclusive). b. Documentation submitted by Contractor prior to Notice of Award (pages 1 to 11, inclusive). 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments. b. Notice to Proceed (pages 1 to 2, inclusive). c. Work Change Directives. d. Change Order(s). B. The documents listed in Paragraph 9.O1.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 -MISCELLANEOUS 10.1 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.2 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract 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 become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. SECTION 00500 AGREEMENT FORM PAGE 5 OF 8 10.3 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. 10.4 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. SECTION 00500 AGREEMENT FORM PAGE 6 OF 8 0 ~I 1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Dustin Johnson, Project Engineer Chris Kukulski, City Manager SUBJECT: 2008 Bozeman Landfill Final Closure Contract Notice of Award MEETING DATE: 10/20/08 BACKGROUND: Attached are three copies, of the Notice of Award for the above referenced project. This project includes the construction of an 11-acre soil cover system to overlie the remaining portions of the City of Bozeman Landfill which have reached their final waste elevations. Construction elements include a 5.5 foot thick final cover system, leachate cleanout extensions, reclamation of borrow area, seeding, and erosion control. Additive Alternate #1 includes closure of a 0.8 acre asbestos pit. Bids for the above-referenced project were opened on September 22, 2008 with 12 bids being submitted. The low bid was submitted by Trapper Peak Construction, Inc. in the amount of $304,600.00. The Bid Tabulation for the project is attached. The contract engineer, Great West Engineering, has reviewed the bids and found the low bidder to be responsive and recommends the contract be awarded to Trapper Peak Construction, Inc. Attached is a copy of Great West Engineering's letter of recommendation. .. ,, ,~~ .» The project is currently funded in the solid waste closure/post closure fund. RECOMMENDATION: Approve and authorize City Manager to sign the Notice of Award. FISCAL EFFECTS: $304,600.00 to be paid from the Solid Waste Fund upon completion of improvements. 0 u 1 ALTERNATIVES: Disapprove Respectfully submitted, Dustin Johnso Project ngineer Chris A. Kukulski, City Manager Attachments: Notice of Award Letter of recommendation from Great West Engineering Bid Tabulation Report compiled on 10/8/08 7 1 I~~ i~ i n NOTICE OF AWARD ' TO: Trapper Peak Construction Inc Dated: 9/22/2008 ADDRESS: P.O. Box 184, Willow Creek MT 59760 PROJECT: Final Landfill Closure CONTRACT FOR: Final Landfill Closure ' You are notified that your Bid dated for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for: City of Bozeman Final Landfill Closure. The Contract Price of your Contract is: Three Hundred Four Thousand. Six Hundred Dollars ($304,600). ' S Copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. 5 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 (15) days of the date of this Notice of Award, that is, by November 4.2008. 1. You must deliver to the OWNER Five (5) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (Article 20), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SC-5.1). 3. List other conditions precedent: Required Insurance Certificates and evidence of Worker Compensation Insurance as required in the General Conditions and Supplementary Conditions Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF B~~ OZE,,MaAN, MONTANA (CITY MANAGER) DATE: October 20, 2008 ATTEST: BY: 1 - - _ (CLERK F CO ISSION) ~~J 1 L n r L 1 HELENA PO Box 4817 • 2501 Belt View Drive Helena, MT 59604 (406) 449-8627 • Fax (406) 449-8631 www.greatwesteng.co m September 25, 2008 Steve Johnson City of Bozeman Landfill PO Box 1230 Bozeman, MT 59771-1230 BILLINGS 115 N Broadway • Suite 500 Billings, MT 59101 (406) 652-5000 • Fax (406) 248-1363 RE: ~:ity or i~ozeman it_ancffiii i~inase ii ~Ciosure Project Dear Steve Johnson: r ~ engineering We have reviewed the bids received on September 22, 2008 from twelve contractors for construction of the above referenced project. The low responsive bidder is Trapper Peak Construction, Inc. with a bid of $304,600.00. We have also received, and have reviewed, the requested qualifications information from Trapper Peak Construction, Inc. The qualifications information submitted by Trapper Peak Construction, Inc. documents that they completed these types of projects in the past. We have also made telephone calls to two of the engineers who worked with Trapper Peak Construction, Inc. on similar projects. The reference checks indicated that Trapper Peak Construction, Inc. successfully completed each of these projects. This letter serves as Great West Engineering's recommendation to award the City of Bozeman Landfill Phase II Closure Project contract to Trapper Peak Construction, Inc. If the City concurs with our recommendation, please sign this letter and the Notice of Award, keep a copy of the letters for your records and mail the originals to back to me. If you have any questions, please do not hesitate to contact me at 449-8627. Sincerely, Great West Engineering Steph nie Reinig, EI Mr. Steve John n Project Engineer City of Bozeman Solid Waste Manager F:\BOZEMAN-LF Consulting-99104\Construction\PHII Closure\award\award letter.doc I C LII 0 1 i G~ 0 r U N tC .C a a O 0 N O W W Cq Q ' F A Ca 1 [] A v, ~ ~ o o ~ o°o ~ °o °o °o ,,,a v ~ ~ ~ ~ v o v~ o Q ~ O O ~ ~ O ~ M ~ t ~ ~ O M 69 M 69 ~ 69 ~ [ 69 00 69 o b4 M 69 ~ 69 F .~ O C ~ ai a~i ~ a~i a`ni a`~'i a`~'i a~'i a> ^O Q H A~ s ~ ~ s s s s ~ s E 0 0 0 0 0 0 0 0 0 C i U ,-~ r-, ,-. r, ,-. ,-~ r, .-, r, w ~ O ° ° r ~ O ~ Q o ti N in ~ M ~ Q. ~ `'' r ~ ~ ° ~ o ~ U V ~ H H ~" ~+ (~ (~ ~ U s. o y v o :+ Q U O ~ a ~ i, v, a~ ~ ~ ~ o A O C ~ ' q ~ ~ . + ~ a~'i N E"'+ cQ "~ ti k U C .i7 p .~ .+ .+ C v i U "~ fl ~ w -r k F"i . fl y s.. C ~ ie W ~ o c~ o L cCa° c UQ E o~ ~ B °~'z ~ ~~ ~ • u~°~ ~z p= ~.L 3 Q ~ O ~ ~ ~ ~ N O O U ~ O~ ~ w p ~ 70 ~ 'O~ ~ r G~ O Z r O ~ iG ~ (~ H ~ ~ ~ n CQ ~ . ~ N CQ ++ ~~ (~ ~O C. ~ M -~i Q Q~ Qr r.l Q .-1 x+ ~ Q Qr Z 1 CIS 1 u n A A o 0 0 0 0 a Q O~ O~ O~ 69 69 69 69 EH b9 O ~ fA ~ 69 V 69 N rl ~ G ~ ~' ~ r1'i N r7'i a~ v ^C Q F A ~ o 0 0 U W ~ ~ ~ ~ '~ v'~ ~• N r, vi L. i u w a 0 U on 0 ~ a V ~ k H V W o „'. q C Q c~ ~ ce V1 ' ~ C ~ .: O ca ~ i . •~ C~ n fx s H u ~ ~ ~ A ~ ~ a~ Q ~ 'fl E~ Q' F n ~ ~ :+0 ° ~Nr aj Ta y ~' y v C C ^i C W ~ c E ~ A x ..+ c ~ ca x ea ~~ ~ as a d Z p u ~ a ~ c~ a N N aa v~ ~ U c aa i a~ ~, U ~, ~U 0 0 N N N C3. N C O a N a~ .D G cC b a> C f1. O 3 :n .n a 0 .~ .~ cC .` U ,.U a a 0 0 U N F, Q J 1 1 ii i 1 STANDARD GENERAL CONDITIONS C fl LI 1 li "1 i~ `l'h:s document has important legal consequences; consultation with an attorney is encouraged with respect to its use or maaification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By i~ i~ i~ i~ i~ i~ i~ i~ i~ i~ _ 11EationaJ Society of Pr+ofessior~ai E,rsgineers« ,4uvni~.tuC:r~i:nci~.~~i f:.vc:i.urrniwr. (:ci~+rn~~ix~ PlIIf8St10dJf Eflg7A8trf57R Pl7Yii1B Pl2Ci7S8 Awnr+c.3sciec~d. G~vti lrwp..~rn PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the Iv'ATIONAL 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 Knowledge for Creating ~~ antl Sustaining the BuiN Environment Construction Specifications Institute EJCDC C-7U0 Standard C:eneral Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 0 Copyright G?.CGC2 National Society of Profes~;e>nal Engineers 1420 King Street, Ale::~.r~ ~t r;. a, VA 22314 American Council of Enga«°•ing Companies 101515th Street, N.W., ~la~:E~iugton, DC 20005 American Society o`~ Ci~•il Engineers 1801 Alexander Bell Drive, Ides~sn, 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). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society oCProfessional Engineers for EJCDC. All rights reserved. 00700 - t t A TABLE OF CONTENTS / Paee ARTICLE 1 -DEFINITIONS AND TERMINOLOGY ............................................................................................................. 5 1.01 Defined Terms .............................................................................. .....................................................................5 1.02 Terminology ........................................................................................ ..................7 .................:................................. I ARTICLE 2 -PRELIMINARY MATTERS .............................................................................................................................. 2.01 Delivery of Bonds and Evidence of Insurance ........................................................................................................ . 8 . 8 2'.02 Copies of Documents .............................................................................................................................................. . 8 2.03 Commencement of Contract Times; Notice to Proceed .......................................................................................... . 8 2.04 Starting the Work.......: ............................................................................................................................................ . 8 2.05 Before Starting Construction .................................................................................................................................. . 8 2.06 Preconsn-uction Conference ................................................................................................................................... . 8 2.07 Initial Acceptance of Schedules .:............................................................................................................................ ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ....................................................................... . 8 . 9 3.01 Intent ....................................................................................................................................................................... . 9 3.02 Reference Standards ............................................................................................................................................... . 9 3.03 Reporting and Resolving Discrepancies ................................................................................................................. . 9 3.04 Amending and Supplementing Contract Documents ............................................................................................. 10 3.05 Reuse of Documents ............................................................................................................................................... 10 3.06 Electronic Data ..................................................................................................................................................... ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOtI~~ 10 ENVIRO NMENTAL CONDITIONS; REFERENCE POINTS ................................................................................................ 10 4.01 Availability of Lands .............................................................................................................................................. 10 4.02 Subsurface and Physical Conditions .................................................................................................................... 11 ~ 4.03 Differi~zg Subsurface or Physical Conditions ........................................................................................................ 11 4.04 Underground Facilities .............. .................................................................................................... ....................... 12 4.05 4.06 Reference Points .....:.............................................................................................................................................. Hazardous Environmental Condition at Site ......................................................................................................... 12 12 ARTICL E 5 -BONDS AND INSURANCE ............................................................................................................................. 13 5.01 Performance, Payment, and Other Bonds ............................................................................................................. 13 5.02. 5.03 Lice.,~s~ed Sureties and Insurers .............................................................................................................................. Certificates of Insurance ........................................................................................................................................ 14 14 5.04 Contractor's Liability Insurance ........................................................................................................................... 14 5.05 5.06 Owner's Liability Insurance .................................................................................................................................. Property Insurance ................................................................................................................................................ 15 15 5.07 Waiver of Rights .................................................................................................................................................... 16 5.08 Receipt and Application oflnsuranceProceeds .................................................................................................... 16 5.09 5.10 Acceptance of Bonds and Insurance; Option to Replace ....................................................................................... Partial Utilization, Acknowledgment of Property Insurer ..................................................................................... 16 I7 ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES .......................................................................................................... I7 6.01 6.02 Supervision and Superintendence .......................................................................................................................... Labor,- Working Hours ...........:.............................................................................................................................. 17 17 6.03 Services, Materials, and Equipment .................................................:.................................................................... 17 6.04 Progress Schedule ................................................................................................................................................. 17 6.05 6.06 Substitutes and "Or-Equals " ................................................................................................................................. Concerning Subcontractors, Suppliers, and Others .............................................................................................. 18 19 6.07 Patenf Fees and Royalties .........:........................................................................................................................... 20 ' 6.08 6.09 Permits .......:........................................................................................................................................................... Laws and Regulations ............................................................................................................................................ 20 20 6.10 Taxes ...................................................................................................................................................................... 21 6.11 Use of Site and Other Areas .................................:................................................................................................ 21 ' • 6.I2 Record Documents ................... .............................................................................................................................. 21 6.13. Safety and Protection ............................................................................................................................................. 21 6.14 Safety Representative ............................................................................................................................................. 22 6.15 Hazard Communication Programs ........................................................................................................................ 22 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers Cor EJCDC. All rights reserved. 00700 - Z 6.16 Emergencies ...................................................................................................................,.,.................................... 22 6.17 Shop Drawings and Samples ................................................................................................................................. 2' 6.18 Continuing the Work .............................................................................................................................................. 23 6.19 Contractor's General Warranty and Guarantee ................................................................................................... 23 6.20 Indemnification ............... ....................................................................................................................................... ~ ~3 6.21 Delegation of Professional Design Services .......................................................................................................... 24 ARTICLE 7 -OTHER WORK AT THE SITE ................................................................................................:........................ 24 7.01 Related Work at Site .............................................................................................................................................. 24 7.02 Coordination .......................................................................................................................................................... 25 7.03 Legal Relationships ............................................................................................................................................... 25 ARTICLE 8 -OWNER'S RESPONSIBILITIES ...................................................................................................................... 25 8.01 Communications to Contractor ............................................................................................................................. 25 8.02 Replacement of Engineer ....................................................................................................................................... 25 8.03 Furnish Data .............................:............................................................................................................................ 25 8.04 Pay 6Vhen Due ....................................................................................................................................................... 25 8.05 Lands and Easements; Reports and Tests .............................................................................................................. 25 8.06 Insurance ............................................................................................................................................................... 25 8.07 Change Orders ...................................................................................................................................................... 25 8.08 Inspections, Tests, and Approvals .....................................:.................................................................................... 25 8.09 Limitations on Owner's Responsibilities ............................................................................................................... 26 8.10 Undisclosed Hazardous Environmental Condition ................................................................................................ 26 8.11 Evidence of Financial Arrangements ...............................................:.................................................................... 26 ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION .................................................................................... 26 9.01 Owner's Representative ......................................................................................................................................... 26 9.02 Visits to Site .............................................................................................:............................................................. 26 9.03 Project Representative .............................................................................................................................:............. 26 9.04 Authorized Variations in Work .............................................................................................................................. 26 9.05 Rejecting Defective Work ............................................:.......:................................................................................. 26 9.06 Shop Drawings, Change Orders and Payments .................................................................................................... 27 9.07 Determinations for Unit Price Work ..................................................................................................................... 27 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work .................................................. .27 9.09 Limitations on Engineer's Authority and Responsibilities ....................................................................................27 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS .:........................................................................................................:27 10.01 Authorized Changes in the Work ......................:................................................................................................... .27 10.02 Unauthorized Changes in the Work ...................................................................................................................... .28 10.03 Execution of Change Orders ................................................................................................................................ .28 10.04 Notification to Surety ...........................:................................................................................................................ .28 10.05 Claims ................................................................................................................................................................... .28 ARTICLE 11 -COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ................................................................ .29 11.01 Cost of the Work ...................:............................................................................................................................... . 29 11.02 Allowances ............................................................................................................................................................ .30 11.03 Unit Price Work .................................................................................................................................................... . 30 ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .................................................... . 31 12.01 Change of Contract Price ..................................................................................................................................... . 31 12.02 Change of Contract Times ................................................................................................:................................... . 32 12.03 Delays .................................................................................:......................................................... ........ ................ . 32 ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ..... . 32 13.01 Notice of Defects ................................................................................................................................................... .32 13.02 Access to Work ...................................................................................................................................................... .32 13.03 Tests and Inspections ...............................................................................................................:............................ .32 13.04 Uncovering Work .................................................................................................................................................. .33 13.05 Owner May Stop the Work .....................:.............................................................................................................. . 33 13.06 Correction or Removal of Defective Work ............................................................................................................ . 33 13.07 Correction Period ................................................................................................................................................. . 33 13.08 Acceptance of Defective Work .............................................................................................................................. . 34 13.09 Owner May Correct Defective Work ................................:................................................................................... . 34 ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION ...........................:.........................................,....... . 35 14.01 Schedule of t~alues .....::......................................................................................................................................... . 35 14.02 Progress Payments ...........................................:.......:.....................:..................................................................... . 3 5 14.03 Contractor's Warranty of Title ............................................................................................................................. . 36 14.04 Substantial Cornpletion ......................................................................................................................................... .36 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ®2002 National Society of Processional Engineers for EJCDC. All rights reserved. nmm~ _ i t 1 t A i~ 14.05 Partial Utiliaation ............................................................................... ~~ ' 14.06 Finallnspecrion ................................................................ ............................ .........37 ............................. ................... 14.07 Final Pavment ........................................................................................................... .....................37 14.08 Final Completion Delayed .................................................................................. ..38 ................................................. 14.09 Waiver of Claims ................................................................................................................................................... 38 ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION ................................. ..................................... 38 .................. 15.01 Owner May Suspend Work ......................................................................................................... ........ 38 .................... 15.02 Owner Mav Terminate for Catrse ................................................................................................................... .. 38 ..... 15.03 Owner Ma}, Terminate For Convenience .............................................................................................................. 39 15.04 Conn•aetor May Stop Work or Terminate .............................................................................................................. 39 ARTICLE 16 -DISPUTE RESOLUTION ................................................................................................................................ 40 L 16.01 Methods and Procedures ....................................................................................................................................... 40 ARTICLE 17 - IvIISCELLANEOUS ....................................................................... ................................40 .................................. 17.01 Giving Notice .................................................................................................................. ....................................... 40 17.02 Computation of Times ..................................................................................... .............................. 40 ......................... 17.03 Cumulative Remedies ............................................................................................................................................. 40 17.04 Survival of Obligations .................................................................................. ........................................................ 40 17.05 Controlling Law ..................................................................................................................................................... 40 17.06 Headings ................................................................................................................................. ........40 i~ i~ i~ i~ i~ i~ i~ i~ i~ i~ i~ it EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 3u700 - 4 t t 1 GENERAL CONDITIONS ARTICLE I -DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement--The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application fo~• Payment--The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. ~. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder--The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents--The Bidding Requirements and the proposed .Contract Documents (including all Addenda). 8. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order--A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment .in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim--A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Conh•act--The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price--The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Conir•actor--The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work-See Paragraph 11.O1.A for definition. 17. Drawings--That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by _the last of the two parties to sign and deliver. 19. Engineer--The individual or entity named as such in the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 Nation9l Society of Professional Engineers for EJCDC. All rights reserved. oo~oo - s 20. Field Order--A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Tirnes. 21. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work 23. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regularions- -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens--Chazges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone--A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. i 27. Notice of Award-The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed-A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner--The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs--Polychlorinated biphenyls. 31. Petroleum-Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule- :A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual--The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material--Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity - An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative--The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 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. 39. 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. 40. 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. 41. 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. 42. 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. 43. Specifications--That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standazds and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 6 1 1 1 1 t t t administrative requirements and procedural matters applicable thereto. 44. Subconrractor--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. 45. 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. 46. Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions-That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier--A manufacturer, fabricator, suppli- er, 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. 49. 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. 50. Unit Price Work--Work to be paid for on the basis of unit prices. 51. 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. 52. 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 effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. mm~n _ ~ E. Furnish, hutall. 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 instal] said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" 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 Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 -PRELIMINARY MATTERS 2.01 Delivery of Bonds a~zd Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents or, if a Notice to Proceed is given, cn the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 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 Staz•iing Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference 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.OS.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Owner shall furnish to Contractor up to ten A. At least 10 days before submission of the fast printed or hard copies of the Drawings and Project Application for Payment a conference attended by Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be at the cost of reproduction. held to review for acceptability to Engineer as provided below the schedules submitted in accordance with 2.03 Commencement of Contract Times; Notice to Paragraph 2.OS.A. Contractor shall have an additional 10 Proceed days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C-700 Standard Genera{ Conditions of the Construction Contract. Copyright ®2002 National Society of Professional Engineers t'or EJCDC. All rights reserved. 00700 - 8 1 1 t t t t 1 1 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. 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 requrred 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 Regula- tions 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. responsibiliries of Owner, Contractor, or Engineer, or anv 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 respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly ,report in writing to Engineer any conflict, error,. ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the perfon-nance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance-of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, 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 2. No provision of any such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or, applicable to the performance of the Work EJCDC C-70o Standard General Conditions of the Construction Contract. Copyright ®2002 National Society of Professional Engineers for EJCnC. All rights reserved. 00700 - 9 1 (unless such an intezpretation of the provisions sole risk. If there is a discrepancy between the electronic of the Contract Documents would result in viola- tiles and the hard copies, the hard copies govern. tion of such Law or Regulation). 3.04 ,4ntending 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. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the parry 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.. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 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 AIv'D PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or famishing 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 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. 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 famished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's 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. 1 t t 1 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. oo~oo - to C 1 1 t t 1 1 x.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~ering Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face 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 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b.. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor lalew 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, explo- ration, 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 EJCDC C-700 Standard GeneraLConditions of the Construction Contract. Copyright ©2002 National So;iety of Professional Engineers for E.ICDC. All rights reserved. 00700 - 1I c. Contractor tailed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price .or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data 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 Sup- plementary 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 Under- ground Facilities, and repairing any damage thereto resulting from the Work. B. Not Sliown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any ` Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no .changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because.of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Conn•actor 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: EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 12 1 1 1 i 1 t 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 infomtation. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16. A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included v~rithin 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 conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Conrtractor 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 F. If after receipt of such written notice A. Contractor shall famish performance and Contractor does not agree to resume such Work based on payment bonds, each in an_ amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of .Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when fmal payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved 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 Compa- nies" 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. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph S.O1.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and. surety, both of which shall comply with the requirements of Paragraphs S.OI.B and 5.02. 5.02 Licensed Sureties and Insurers ~ A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Conrractor'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 oblieations under the Contract Documents, whether it is to be performed by Contractor. any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional 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; EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -14 1 1 1 1 t 1 1 t 1 ii 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under 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 ]east 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after final payment. a. Contractor shall famish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liabilii}-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 Owners own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, 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 r~zitten on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lighrning, 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 specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other 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. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained 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 30 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 accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - r5 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 K'aiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary 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 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, and Engineer, 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, 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 extendine beyond direct physical loss or damage to Owner's propert}~ 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 Uwner during partial utilization pursuant to Paragraph 14.05.. after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them 1 1 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requuernents of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order . B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such .objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such, agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. "If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 1 1 1 Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence ,requested) required by Paragraph 2.U1.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 Utilisation, slcknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as maybe 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 superin- tendent who shall not be replaced without written notice to Uwner 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 Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property- at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Uriless 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 waranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. oo~on - t ~ 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that -will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substautes and "Or-Eguals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal " Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.OS.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named i£ a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.OS.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.OS.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to famish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or riot use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. nn-rnn i o 1 1 1 1 1 c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified ,and b) available engineering, sales, maintenance, repair, and replacement services; . 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of ' other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.OS.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Pazagraphs 6.OS.A and 6.OS.B. Engineer may require Contractor to famish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: -Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.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 Ownerj resulting from the acceptance of each proposed substitute. F. Corrtr•acror's Expense: Contractor shall provide al] data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concerning Subconn•actors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance .for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued . No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute awaiver of any right of Owner or Engineer to reject .defective Work. C. Contractor shall be fully responsible to Owner and Engineer for .all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in 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 arty such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ®2D02 National Society of Professional Engineers for EJCDC. All rights reserved. mm~n _ t 4 or entrty except as may otherwise be required by Laws and Re~_ulations. 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 indtrect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors 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 appro- priate 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, and Engineer„ 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 Rovalties 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 permttted by Laws and Regulations, Contractor shall indemnify and hold harmless Ovmer and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to 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 Supple- mentary 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 al] charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall _eive all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work lotowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not Mown at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Pazagraph 10.05. EJCDC C-70U Standard General Conditions of the Construction Contract. Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 20 1 1 1 6.10 Tates A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, 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 perfotTrlance 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 pemutted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion 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 Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions 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: 1. all persons on the Site or who may be affected by the Work; 2. all the W-ork and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including. trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C-700 Standard General Conditions o(the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 21 1 ings or Specifications or to the acts or omissions of Owner or Engineer or , 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;). b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.0. 1 D. Contractor's duties and responsibilittes for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise .expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating 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 v~7th Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion 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 accor- dance 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. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specited in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.0. 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 22 1 w-ith 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 submit- ted to Engineer for review attd approval of each such variation. D. Engineer's Reviex~ i~ t 1 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 con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any, variation from the requirements of the Contract Documents unless Contractor has complied w7th the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall retain the required number of cor- rected 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 Coniinuing the Work 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, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owrter of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner, 4, use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not A. Contractor shall carry on the Work and adhere limited to all fees and charges of engineers, architects, to the Progress Schedule during all disputes or attorneys, and other professionals and all court or EdCDC C-700 Standard General Conditions of the Construction Contract. Copyright ®2002 National Society oC Professional Engineers fer EJCDC. All rights reserved. ninon - 23 arbitration or other dispute resolution costs] arising out of or relating to the performance of the Worl:, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of 1. the preparation or approval of, or the failure to prepare or approve; maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other subnuttals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review ~ and- approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 -OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract 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 B. If professional design services or and Owner; if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and EJCDC C-700 Standard General Conditions.of the Construction Contract. Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 24 1 1 1 I C t 1 t ii properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering then work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any 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 def cts 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 Condi- tions: 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 responsibili- ties will be provided. B. unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 1 ~I 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 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 -OWNER'S RESPONSIBILITIES 8.01 Communications to Conn•actor A. Except as otherwise provided in these General Conditions, Owner shall issue al] 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 artd 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 Ov~ner'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 insur- ance 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 I3.03.B. EJCaC C-700 Standard General Conditions of the Construction Contract. Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 25 8.09 Limitations on Oirner 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 undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 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 9.04 ,~uthoriced Y'ariations in T3'ork 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities 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 inter- vals 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 accoraance 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. 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 Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, w•ho shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 26 t 1 1 1 9.06 Shnp 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 Anicles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Conb•act Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the-date fmal payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the perfom~rance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor 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 Paragraph 10.05. 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 Authurir)~ and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- srble for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, cemficates 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 cornplies with .the require- ments of, and in the case of cemficates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsi- bility set forth. in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 -CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, 'at any time or from time to time, order additions, deletions, or revisions in the D. When funcrioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 27 promptly proceed with the V~'ork involved which will be performed under the applicable conditions of'the Contract Documents (except as otherwise specifically provided). B. If Ov<mer 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. 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 appropri- ate Chanee Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph IO.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 W ork 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 Nor f 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 an}~ such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A. decision by Engineer shall be required as a condition precedent to any exercise by Owner oi- 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. T'he 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 parry 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 1O.OS.C or denial pursuant to Paragraphs 10.O5.C.3 or lO.OS.D will be fmal and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in. Article 1(i within 30 days of such action or denial. t t EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 28 ' F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.0. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ] 1.01 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 detemuned 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 pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and Contractor and shall deliver such bids to Owner, v~~ho will then detern~ine, 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 mainte- nance, 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 perfor- mance 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 equip- ment, 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. returns from sale of surplus materials and equipment shall f. Losses and damages (and related expenses) accrue to Owner, and Contractor shall make provisions so caused by damage to the Work, not compensated that they maybe obtained. by insurance or otherwise, sustained by Contractor in connection with the performance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06.D), provided such losses and damages have EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. nn~nn _ ~o resulted from causes other than the neeli_aence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, 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, attor- neys, 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.O1.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and .making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 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. ~'~'hen 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 con-espondingly 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 separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 30 1 1 1 1 B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHA.TIGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Conzract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and .profit not necessarily in accordance with Paragraph ]2.O1.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.O1.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.O1.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee: or 2. if a fixed fee is not agreed upon. then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.O1.A.1 and 11.O1.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.O1.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.OI.C.2.a is that the Subcontractor w-ho actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.O1.A.1 and 11.O1.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.O1.A.4, 11.O1.A.5, and 11.O1.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.O1.C.2.a through 12.O1.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C-700 Standard General Conditions oC the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 31 by the party making the Claim to the Engineer and the other party to the Contract in accordance ~e~ith 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 contemplat- ed 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 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. ARTICLE 13 - TESTS .hND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Norice 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 inspecrions, tests, or approvals covered by Pazagraphs 13.03.C and 13.03.D belov~; 2. that costs incurred in connection with tests or inspections conducted. pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract 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 foil 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. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor, and Engineer's acceptance of materials or equipment to EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 32 1 u 0 L 1 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 provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, fiunishing 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 aze 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 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society oCProfessional Engineers for EJCDC. All rights reserved. 00700 - 33 B. If Contractor does not promptly comply with the terms of .Owner's written instructions, or in an emergency v~~here delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective YY"ork A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner Mav Con•ect Defectivc 1•Y'ork A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the W ork; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be Limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values 1 1 A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. 90700 - 34 1 payments and will be incorporated into a form of AppIica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each~Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications n 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend .payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations 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 indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that n:tight entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-35 mspecttons or tests, revise or revoke any such payment 3. If it is subsequently determined that Owner's recommendation previously made. to such extent as may refusal of payment was not justited, the amount ' be necessary in Engineer's opinion to protect Owner from wrongfully withheld shall be treated as an amount due as loss because: ~ determined by Paragraph 14.02.C.1. a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due ]4.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. V~'hen 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. 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 furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.S.a through 14.02.B.S.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. 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 correct- ed) 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 recommen- dation 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 EJCDC C-700 Standard Genera{ Conditions of the Construction ContraM. Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 36 1 1 Completion, En~~ineer'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 Utilisation 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 condi- tions. 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 acid substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 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 substan- tially 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. 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. 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 lin>ited 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 Pazagraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, .services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may fuunish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. __._ 00700 - 37 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, indicat- ing 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 docu- mentation, 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, throush 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; sand 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 Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to; failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events .identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Gwner has paid Contractor but which are stored elsewhere, and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 38 1 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Ovvrrer. 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 1~.02.B and 15.02.C, Contractor's services will riot be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph S.O1.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice. to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of temunation, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally detemrined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 -DISPUTE RESOLUTION 16.01 Methods and Procedures ' A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C~J 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 39 governed by the Construction Industry Mediation Pules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph I O.OS.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.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 Noiice 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 firrrt or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of~Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cu»tulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 40 ~ SUPPLEMENTARY CONDITIONS TO 1 THE GENERAL CONDITIONS 1 1 SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full ' force and effect. SC - 2.01 DELIVERY OF BONDS ' Add the following to Paragraph: 2.O1.A Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents ' bound therewith. Contractor shall execute the Agreement, attach executed copies of the required Bonds and Power of Attorney and Certificate of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the ' Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain three copies. SC - 2.03 NOTICE TO PROCEED Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following in its place: 1 Following the execution of the Agreement by the Owner and the Contractor, written Notice to Proceed with the Work shall be given by the Owner to the Contractor. The Contract Time will commence to run on the day indicated in the Notice to Proceed. SC - 2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.OS.A.3 of the General Conditions which is to read as follows: ' 2.OS.A.4 Contractor shall submit a preliminary list of construction equipment with hourly rates, owned or rented by the Contractor and all Subcontractors that will be used in the performance of ' the Work. The equipment list will include information necessary to confirm the hourly rates per Paragraph 11.O1.A.S.c of the General Conditions and these Supplementary Conditions including: make, model, and year of manufacture as well as the horse power, capacity or weight, and ' accessories. SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE 1 OF 11 SC - 2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: Prior to the first application for payment all schedules and documents identified in paragraph 2.OS.A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. Add the following after Paragraph 2.07.A.3: Contractor's Schedule of 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.S.c. SC - 4.01 AVAILABILITY OF LANDS Add to Paragraph 4.O1.C of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's. easement or right-of--way, the Contractor shall obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right-of--way without written permission from the property owner and tenant. SC - 4.02 -SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following: A. Reports and Drawings: The Special Provisions identify: SC - 4.03 -DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE 2 OF 11 1 1 t 1 for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. Add the following new paragraph immediately after Paragraph 4.04.A.2. SC - 4.04 -UNDERGROUND FACILITIES 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC - 4.06 -HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A. Reports and Drawings: Reference is made to the Special Provisions for the identification..... SC- 5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injury, or property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverages shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period. SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS • PAGE 3 OF 11 SC - 5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions. a. State Statutory b. Applicable Federal (e.g. Longshoremans) Statutory c. Employer's Liability $ 500,000.00 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE $ 3,000,000.00 b. Products-Completed Operations Aggregate $ 3,000,000.00 c. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00 e. Coverage will include: 1. Premises -Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury S Products and Completed Operations 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each Person $ 500,000.00 Each Accident $ 1,000,000.00 SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE 4 OF I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Property Damage: Each Accident (or) 1 b. Combined Single Limit Coverage to Include 1. All Owned 2. Hired 3. Non-Owned $1,000,000.00 $ 1,000,000.00 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions as ' follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's ' Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. ' 6. The Contractual Liability coverage required by Paragraph 5.04.B.4. of the General Conditions shall provide coverage for not less than the following amounts: ' Each Occurrence $ 1,000,000.00 Aggregate $ 3,000,000.00 ' SC- 5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.B.5 of the General Conditions by striking out the words " 30 days" and replacing them with the words "45 days" and as so amended paragraph 5.04.B.5 remains in effect. SC - 5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: ' A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). ' This insurance shall: SECTION 00810 ' SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE 5 OF 11 1. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors, Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious• mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; and 5. be endorsed to allow occupancy and partial utilization of the Work by Owner; 6. include testing and start-up; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by Contractor in accordance with this paragraph SC5.06 shall comply with the requirements of paragraph 5.06.C of the General Conditions. D. The policies of insurance required to be purchased and maintained by Contractor in accordance with this paragraph 5.06.A shall comply with the requirements of GC - 5.06.C. The qualifications of the insurance company shall comply with the requirements of SC- 5.02.A. SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE 6 OF 11 CIS I_~ SC-6.02 WORKING HOURS Add the following to Paragraph 6.02.B: Regular working hours are defined as 8:00 AM. to 5:00 P.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments will be acceptable to Engineer as providing an orderly progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefore. SC- 6.13 SAFETY AND PROTECTION Add new paragraphs to the end of paragraph 6.13.D of the General Conditions as follows: E. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. The right of the Owner and Engineer to observe or otherwise review the Work and operations shall not relieve the Contractor from any of his covenants and obligations hereunder. Contractor shall incorporate all safety requirements into his construction progress and work schedules including preconstruction and scheduled monthly safety meetings, posted safety rules, tailgate meetings, and site inspections by safety and other inspectors employed by the Contractor. F. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables, etc., and other underground construction uncovered in the proximity, or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires damaged by the Contractor's operations in the performance of this work shall be repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor's expense. The Contractor shall also be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE 7 OF I 1 1 any part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. G. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. H. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. ' SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer's Resident Project Representative (if any). SC- 11.01 COST OF THE WORK Delete paragraph 11.01 .A.S.c of the General Conditions in its entirety and insert the following in its place: 11.O1.A.S.c The cost for the use of all construction equipment and machinery and parts thereof whether owned by the Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed 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 SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE 8 OF 11 C ~II C' 1 such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC-2.05 and SC-2.07, and as follows: For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the equipment rental rates will be negotiated prior to the work being performed. SC-11.03 UNIT PRICE WORK Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the following in its place: 1. the quantity of a particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or more of the Contract Price which is the total sum of all schedules (if any), and SC- 14.02.A APPLICATIONS FOR PAYMENTS Add the following language at the end of paragraph 14.02.A.1 of the General Conditions: Payments for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in storage will be deducted from subsequent payments. Beginning with the second application, all requests for payment for materials in storage shall be accompanied by Bill of Sale, invoice or other document warranting clear title as required above. Add the following to Paragraph 14.02.A.3: In accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainage may be used by the Owner to offset costs for any of the losses enumerated in SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE 9 OF I I Paragraphs 14.02.B.S.a through 14.02.B.S.d inclusive, 14.02.D.1.a. through 14.02.D.1.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. SC -14.02.C PAYMENT BECOMES DUE Delete Paragraph 14.02.C.1 of the General Conditions in its entirety and insert the following in its place: The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Payment will become due when Owner approves the application for payment and will be paid by Owner to Contractor with in 30 days of the day of the month stipulated above at the preconstruction conference. SC- 14.02.D.1.c Amend the sentence of Paragraph 14.02.D.1.c to read: ...entitling Owner to a set-off against the amount recommended, including liquidated damages; or... SC-14.03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the full insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor's obligation to provide insurance (including property insurance) as required in Article 5 of the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE 10 OF 11 1 1 SC- 14.05 PARTIAL UTILIZATION ' Add the following to Paragraph 14.OS.A: Owner has the right to take possession of or use any completed or substantially completed i portions of the work at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Owner's use ' of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner's use of any facilities not specifically identified in the Contract Documents will be m accordance with conditions agreed to pnor to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adjusted with a Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner pnor to substantial completion of the entire work will be done in accordance with General Conditions 14.04. Guarantee periods for accepted or substantially completed work including mechanical and electrical equipment will commence upon the start of continuous use by Owner. All tests and ' instruction of Owner's personnel must be satisfactorily completed, and Owner shall assume responsibility for and operation of all facilities occupied or used except as may arise through portions of work not yet completed by Contractor If the work has been substantially completed and the Engineer certifies that full completion thereof is materially delayed through no fault of the Contractor, the Owner shall, without terminating the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. SC- 14.06 FINAL INSPECTION t Add the following to Paragraph 14.06.A: ' After Contractor has remedied all deficiencies to the satisfaction of the Engineer and delivered all construction records, maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, and other documents (all as required by the Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer that the work is acceptable. SC- 17.01 GIVING NOTICE Add the following to Paragraph 17.O1.A: The mailing address for giving notices to Contractor given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Contractor will be mailed or delivered. The mailing address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE I 1 OF 11 1 1 SPECIAL PROVISIONS n 0 n L L 0 SECTION 00910 n 7 SPECIAL PROVISIONS SP-Ol INCORPORATION OF THE MPWSS ................................................................................. 2 SP-02 PREBID EXPLORATION/SITE INFORMATION ............................................................. 2 SP-03 TESTING .............................................................................................................................. 2 SP-04 MOISTURE AND DENSITY TESTING STANDARDS .................................................... 3 SP-OS WINTER SHUTDOWN ........................................................................................................ 3 SP-06 PERMITS .............................................................................................................................. 3 SP-07 WORKING HOURS ............................................................................................................. 4 SP-08 UNSCHEDULED EMPLOYMENT OF THE ENGINEER ................................................. 4 SP-09 CONTRACTOR EMERGENCY CONTACT ...................................................................... 5 SP-10 NOXIOUS WEEDS .............................................................................................................. 5 SP-11 DUST CONTROL ................................................................................................................. 5 SP-12 SEEDING .............................................................................................................................. 5 SP-13 FIELD OFFICES /RESIDENT INSPECTOR'S TELEPHONE .......................................... 5 SP-14 CONSTRUCTION STAKING .............................................................................................. 6 SP-15 TOLERANCES ..................................................................................................................... 6 SP-16 SELECT ENGINEERING MATERIAL, HAUL ROADS, AND WATER SOURCES ...... 6 SP-17 FINAL CLEANUP ................................................................................................................ 6 SP-18 PROPERTY PINS AND MONTI'ORING WELLS PROTECTION .................................... 6 SP-19 ET LAYER AND TOPSOIL BORROW AREA .................................................................. 7 SP-20 TEMPORARY ACCESS ROADS ........................................................................................ 7 SP-21 SAFETY ................................................................................................................................ 7 SP-22 CELLULAR TELEPHONE FOR INSPECTOR ................................................................... 7 SECTION 00910 SPECIAL PROVISIONS PAGE 1 OF 7 1 7 u 7 u SP-O1 INCORPORATION OF THE MPWSS All provisions of the Montana Public Works Standard Specifications, Fifth Edition, March 2003 and 2006 Addendum, hereafter collectively referred to as the MPWSS, apply to the project, except where portions of the MPWSS are modified or replaced by the Contract Documents. SP-02 PREBID EXPLORATION/SITE INFORMATION All Bidders are strongly encouraged to visit the site of the work and conduct all field investigations at their disposal to become acquainted with the nature of the work. Obtain written authorization from the Owner, prior to entering the property, conducting field tests, drilling, boring, or excavating. If potential Bidders wish to excavate test pits, the excavations will be limited to the vicinity of those areas that appear on the Drawings to be excavated. Excavations must be backfilled in a reasonably uniform manner and graded to the original ground surface line and grade. Many test pits and test borings have been dug at various points throughout the site. The large majority of the soils the Contractor will encounter in his excavations will be silty clays, silty clay loams, and loams. The Contractor may assume that no bedrock will be encountered in the excavation. The Contractor shall be responsible for satisfying himself as to the actual nature of the soils, etc. For the Contractor's benefit, a copy of the soils report is enclosed within Appendix B. SP-03 TESTING Complete testing of all components of the project shall be required to the satisfaction of the Owner and the Engineer. All defects and performance problems revealed by the testing shall be remedied to the satisfaction of the Engineer by the Contractor at no additional expense to the Owner. The Engineer will conduct the tests listed below at no cost to the Contractor, except for retests. Should the materials fail to meet the test specified, the Contractor shall pay the costs of all retests conducted by the Engineer, or the Contractor may elect to have a certified testing laboratory conduct retests at the Contractor's expense. The Engineer shall conduct the following tests at no cost to the Contractor except for retests as stipulated above: a) In-place density and moisture testing of embankment and backfill as outlined within the Special Provisions. b) The Engineer has provided several proctor tests for native soils within Appendix B. The Contractor may utilize these curves for compaction. If the Contractor wishes additional proctor tests, he will pay for them. The Contractor shall conduct and pay for the following tests: a) Other tests as outlined in the Technical Specifications. SECTION 00910 SPECIAL PROVISIONS PAGE 2 OF 7 All tests which are the responsibility of the Contractor shall be conducted by an approved testing laboratory or individual. Acceptance or rejection of materials will generally be determined from tests made in-place in the field. SP-04 MOISTURE AND DENSITY TESTING STANDARDS The Engineer shall conduct moisture and density testing on-site. The Engineer has provided all proctor testing that should be needed for the native soils to be used for ET embankment on-site.. This information is enclosed in Appendix B. Embankment shall be constructed in accordance with Sections 02230 and 02300 of the Technical Specifications. Density and moisture testing shall be completed according to the minimum standards shown in the following table. ITEM COMPACTION STANDARD TESTING FREQUENCY Sitework Items ET layer 85% of Std. Proctor (Maximum Compaction) 5 tests/acre The testing frequencies listed above are the minimum requirements. The Engineer reserves the right to perform additional testing should the material, moisture, compaction equipment or other condition change substantially. SP-OS WINTER SHUTDOWN A shutdown due to inclement weather during the winter months may be requested by the Contractor. Indicate the number of calendar days being requested in the original shutdown request. This initial request may be extended during the shutdown period as long as such extension is justifiable and requested at least 14 days prior to the date the original extension was to elapse. Any extension of shutdown will require the Contractor to demonstrate that adequate operations can be maintained throughout the extended period. Shutdown extensions may require operation modifications and approval of the Montana DEQ. Only one winter shutdown will be granted during the project. The Owner reserves the right to approve or disapprove any shutdown or extension requests. As a condition of approval of a shutdown, close all open excavations, provide for maintaining traffic, and provide for protection of public property at the work site. The Contractor will not be allowed to perform any work during the shutdown period unless prior approval is granted by the Owner. SP-06 PERMITS The Owner currently possesses a general permit for stormwater discharges associated with Industrial Activity. For Industrial activity whose development over time inherently requires construction activity (i.e. landfill cell development and closure), the DEQ requires an erosion control plan for construction activity related to this permit. Therefore, a NOI and an ECP must be submitted prior to construction taking place and will be a part of the construction activity SWPPP. The owner has storm water erosion control measures on-site which will preclude the need for contractor- constructed controls except at the borrow area. The Contractor will be responsible for control of SECTION 00910 SPECIAL PROVISIONS PAGE 3 OF 7 L C i n ii C r l ii I~ stormwater from the borrow area. Controls will include down gradient straw rolls as indicated in the SWPPP. Examples of on-site controls include a storm water detention pond downgradient of the construction area. The Engineer has written an erosion control plan (ECP) and Notice of Intent (NOI) for the project. Once the Notice of Award has been signed, the Contractor will be responsible for signing the approved ECP plan and submitting a complete Notice of Intent (NOn package to the Montana Department of Environmental Quality (DEQ). The Owner will pay costs associated with the permit application. Copies of the draft Erosion Control Plan and Notice of Intent are included in Appendix A. The Contractor shall implement and comply with the provisions of the Erosion Control Plan. If the Contractor elects not to carry out the provisions of the Erosion Control plan, the Owner will assess liquidated damages of $500/day for each day erosion control is not in place. This will not release the Contractor from any damages or fines the State of Montana may assess for non-compliance. At the end of the project, the Owner will be responsible for submitting and signing a completed Notice of Termination (NOT) form to the DEQ. The Contractor will be responsible for obtaining all other permits required by Local, State or Federal jurisdictions. SP-07 WORKING HOURS Regular working hours are defined as an eight-hour period (plus 1 hour lunch allotment) within the bounds of 7:00 AM and 7:00 PM. Work during other hours may be permitted following written approval of the Owner. Notify the Engineer at least three (3) days prior to working other hours, or in excess of 8 hours per day. Emergency work may be done without prior permission. SP-08 UNSCHEDULED EMPLOYMENT OF THE ENGINEER Damages for the unscheduled employment of the Engineer and/or Inspector will be assessed against the Contractor necessitated by: (1) the Contractor working beyond the specified contract time; (2) the Contractor working more than 8 hours per day, (or 40 hours per week if four ten hour shifts are run) or on Saturdays, Sundays, and Federal Holidays; (3) the Contractor utilizing material, supplies, or equipment that requires the redesign of the project; (4) the Contractor destroying or disturbing baselines benchmarks or reference stakes; and (5) the failure of the Contractor to maintain acceptable as-built records. Damages for the unscheduled employment of the Engineer and/or Inspector will be determined based on the following hourly rates: Straight Time Project Manager $125.00/Hour Project Engineer $80.00/Hour Resident Project Representative (RPR) $74.00/Hour RPR Overtime Rate $88.00/Hour Clerical $45.00/Hour Mileage $ 0.65/Mile Nuclear Densometer $75.00/Day The rates listed herein are subject to changes on January ls` of each year. SECTION 00910 SPECIAL PROVISIONS PAGE 4 OF 7 Out of pocket expenses for materials, equipment, supplies, transportation, and subsistence will be billed at cost plus ten percent. Damages for unscheduled employment of the Engineer and/or Inspector will be deducted from monthly progress payments and the final payment as the damages are incurred. Damages ' for unscheduled employment of the Engineer are independent from liquidated damages for delay as described in the agreement. ' SP-09 CONTRACTOR EMERGENCY CONTACT Provide a primary and secondary 24-hour, 7-day a week emergency contact. ' SP-10 NOXIOUS WEEDS Comply with the County Noxious Weed Management Act, Title 7, Chapter 22, Part 21 and all county and contract noxious weed control requirements. Determine the specific noxious weed control requirements of each county where the project is located before submitting a bid. Equipment and vehicles will be washed prior to entering the project site to remove vegetation to avoid the spread of weeds. All costs incurred to meet noxious weed control requirements are incidental to other items of the contract. SP-11 DUST CONTROL The contractor shall be~responsible for dust control using a water truck. The city will provide free water through a city fire hydrant located on Caddy Court. , SP-12 SEEDING Furnish a native grass seed mixture containing brome grass (20%), orchard grass (40%), tall fescue ' (25%), timothy (10%), and annual rye (5%). Sow seed in the areas described in the Contract Documents at the rate of 25 pounds per acre on a "pure live seed" basis. The necessary bulk seed can be calculated by: Total Pounds (kg) Pure Live Seed Required ' Necessary Bulk Seed = 0 0 (/o Germination) x (/o Purity) SP-13 FIELD OFFICES /RESIDENT INSPECTOR'S TELEPHONE Maintain a suitable field office at the site, which will serve as headquarters for the project Superintendent. ' All communications, drawings, instructions, and other articles will be delivered to the Contractor's field office or to the Contractor's main office as appropriate. Communications delivered to either location will be deemed to have been delivered to the Contractor. ' Maintain copies of record drawings, specifications, shop drawings, submittals, and all communications pertinent to the performance of the work at the field office and make them available to the Owner or Engineer for use at all times. The Contractor does not need to provide a field office for the Engineer. All electrical and heating bills for the field office are the responsibility of the contractor. SECTION 00910 SPECIAL PROVISIONS PAGE 5 OF 7 1 I~ 0 SP-14 CONSTRUCTION STAKING The Engineer will provide the following staking consisting of wooden stakes or poppies. • Vertical control consisting of a benchmark elevation as indicated on the Plans. • Phase II ET Layer -Horizontal control representing the perimeter of the ET layer, consisting of stakes at PC, PT, and every 200 ft, as shown on the Plans. • ET Layer and Topsoil Borrow -Horizontal control consisting of perimeter stakes at each PC, PT and a minimum of every 200 feet. The Contractor shall provide all additional staking necessary for vertical and horizontal control including offsets such that the project may be completed in accordance with the plans and specifications. The Contractor will pay for replacement of any stakes or benchmarks which are destroyed by the Contractor. SP-15 TOLERANCES Unless otherwise specified, the Contractor shall construct all earthwork and piping within a tolerance of +two inches in the vertical direction and one foot in the horizontal direction. SP-16 SELECT ENGINEERING MATERIAL AAUL ROADS AND WATER SOURCES The Owner has designated borrow areas on-site for ET layer material, and topsoil material (see plans). The Contractor will be responsible for reclaiming borrow areas. Topsoil shall be stripped from the ET borrow area, stockpiled, and used to cover the ET layer. The extra topsoil shall be stockpiled for reclamation of the borrow area. The 6" topsoil layer applied to the closure area and borrow area shall include 4" of topsoil obtained from the Borrow Area and 2" of compost obtained from the City's on-site stockpile. The Contractor shall be responsible for locating, developing, and reclaiming all engineering material, water, etc, sources for this project that are not made available to the Contractor on site and for all royalties and costs associated therewith. The Contractor shall be fully responsible for maintaining and repairing all roads used for hauling materials to or from the project. SP-17 FINAL CLEANUP Excess material accumulated from construction, such as piles of gravel or soil, broken pipe or concrete, debris, papers, rejected materials, worn out equipment parts, waste liner material, etc. shall be picked up and disposed of at the landfill. SP-18 PROPERTY PINS AND MONITORING WELLS PROTECTION The Contractor shall take extreme caution to protect and preserve existing property pins and monitoring wells. Locations of Monitoring Wells and property lines are shown on the plans. The Contractor shall replace, at his own expense, any property pins and/or monitoring wells that may be damaged during construction. SECTION 00910 SPECIAL PROVISIONS PAGE 6 OF 7 5P-19 ET LAYER AND TOPSOIL BORROW AREA The area proposed for excavation of the ET borrow site is shown on the plans. ' The Contractor will strip the topsoil from the ET borrow area to a minimum depth of 12", stockpile it and ' use it for the topsoil layer of the cover. The remaining topsoil not utilized in the closure project will be stockpiled for reclamation of the borrow area. Also an existing topsoil pile exists near the borrow area and will be utilized to reclaim the portion of the borrow area which has already been utilized. t SP-20 TEMPORARY ACCESS ROADS , Any temporary roads needed by the Contractor to construct the project will be constructed by the Contractor at no additional cost to the Owner. Temporary access roads will need to accommodate surface ' run-off and drainage on-site. All temporary access roads will be approved by the Engineer prior to being constructed by the Contractor. Temporary roads will be reclaimed after the project unless otherwise approved by the Owner to remain in place. SP-21 SAFETY , The Contractor shall be responsible for identifying and meeting all safety standards that are ' applicable to this project. The Contractor shall hold harmless the Owner and the Engineer from any claims made as a result of the Contractor's responsibilities in this regard. SP-22 CELLULAR TELEPHONE FOR INSPECTOR ' The Contractor shall provide a cellular telephone with service coverage available at the construction site ' for the Resident Inspector. The Contractor will be responsible for monthly telephone payments up to 800 minutes a month incurred on the cellular phone. 0 0 SECTION 00910 SPECIAL PROVISIONS ' PAGE 7 OF 7 ~i f J ii ~~ STANDARD MODIFICATIONS TO MPWSS i SECTION 00950 STANDARD MODIFICATIONS to MPWSS SM-00001 GENERAL ............................................................................................................................ 3 SM-01010 SUMMARY OF WORK ...................................................................................................... .3 SM-01041 PROJECT COORDINATION .............................................................................................. .4 SM-01050 FIELD ENGINEERING ....................................................................................................... .4 SM-01300 SUBMITTALS ..................................................................................................................... .5 SM-01400 CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE........ .5 SM-01500 CONSTRUCTION AND TEMPORARY FACILITIES ...................................................... .5 SM-01570 CONSTRUCTION TRAFFIC CONTROL .......................................................................... .5 SM-01700 CONTRACT CLOSEOUT ................................................................................................... .6 SM-02110 GEOTEXTILES ................................................................................................................... .6 SM-02112 REMOVAL OF EXISTING PAVEMENT, CONCRETE CURB, SIDEWALK, DRIVEWAY, AND/OR STRUCTURES .............................................................................8 SM-02113 ADJUSTING EXISTING MANHOLES, LAMPHOLES, INLETS, WATER VALVE BOXES, WATER SERVICES, AND FIRE HYDRANTS TO GRADE ............................. .8 SM-02114 RELOCATING OR REMOVING UTILITY POLES, STREET SIGNS, AND MAIL,BOXES ........................................................................................................................ 8 SM-02221 TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES .....................................................................................................................9 SM-02230 STREET EXCAVATION, BACKFILL, AND COMPACTION ........................................ 15 SM-02234 SUB BASE COURSE ......................................................................................................... 15 SM-02235 CRUSHED BASE COURSE .............................................................................................. 15 SM-02502 ASPHALT PRIME AND/OR TACK COAT ...................................................................... 16 SM-02504 ASPHALT SEAL COAT .................................................................................................... 16 SM-02510 ASPHALT CONCRETE PAVEMENT .............................................................................. 17 SM-02528 CONCRETE CURB AND GUTTER .................................................................................. 19 SM-02529 CONCRETE SIDEWALKS, DRIVEWAYS, APPROACHES, CURB TURN FILLETS, VALLEY GUTTERS, AND MISCELLANEOUS NEW CONCRETE CONSTRUCTION20 SM-02660 WATER DISTRIBUTION .................................................................................................. 22 SM-02720 STORM DRAIN SYSTEMS ............................................................................................... 30 SM-02730 SANITARY SEWER COLLECTION SYSTEMS ............................................................. 30 SM-03210 REINFORCING STEEL ..................................................................................................... 34 SM-03310 STRUCTURAL CONCRETE ............................................................................................. 35 MD-0221-1 TYPICAL UTILITY TRENCH .......................................................................................... 36 MD-02660-2 WATER AND SEWER MAIN SEPARATION ................................................................. 37 SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 1 OF 41 "1 MD-02660-4 FIRE HYDRANT SETTING .............................................................................................. 38 MD-02660-6 MD-02720-3 WATER SERVICE LINE ................................................................................................... SANITARY SEWER AND STORM DRAIN MANHOLE ............................................... 39 40 i~ J 1 u SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 2 OF 41 1 0 ii SM-00001 GENERAL These Standard Modifications apply changes, deletions, and additions to the Montana Public Works Standard Specifications Fifth Edition, March 2003 and 2006 Addendum, referred to collectively as the MPWSS. Each Section of the MPWSS that has been modified is listed in the Table of Contents of Section 00950 Standard Modifications to MPWSS. The entire Section from the MPWS has not been rewritten for these modifications. Instead, modifications are indicted for a specific subsection, paragraph, sentence or drawing. Where a Standard Modification to MPWSS does not exist for a particular Section of MPWSS it shall be assumed the work is to be completed in accordance with the appropriate MPWSS Section. When a Standard Modification to MPWSS does exist the requirements of that modification supersede the related MPWSS requirement. Where paragraphs are specifically deleted or modified, or new paragraphs added, all other parts of the MPWSS will remain in effect unless otherwise modified by the Project Manual in accordance with the order of governance as specified in "Summary of Work". Forms included in the Project Manual will be used in lieu of similarly titled forms in the MPWSS. Where Technical Specifications follow these Modifications in later Divisions of the Project Manual, those Specifications replace same numbered specifications in the MPWSS. Delete Part 4: MEASUREMENT AND PAYMENT in all sections of the MPWSS. Payment for an item will only be made if that item is listed as a Bid Item in Section 00300: Bid Form. If an item is listed as a Bid Item, administrative and procedural requirements will be listed in Section 01275: Measurement and Payment. If an item is not listed as a Bid Item, the item is not required or is considered an incidental cost to other Bid Items. SM-01010 SUMMARY OF WORK Delete Section 01010.1.2.D and replace with the following: D. The various portions of the Contract documents, of which these specifications are a part, are essential parts of the Agreement, and a requirement occurring in one is as binding as though occurring in all. All portions are intended to be complementary and to describe and provide for complete work as referenced in Article 3, General Conditions. Unless specifically noted otherwise, in the case of discrepancy, the following precedence will govern. 1. Permits from Town/City/County Departments and other agencies as maybe required by law, which will govern over; 1 2. Change Orders, which will govern over; 3. Executed Agreement, which will govern over; 4. Addenda, which will govern over; 5. Special Provisions, which will govern over; L SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 3 OF 41 ill hi h i 6. govern w c ons, w Divisions 1 through Division 16 Technical Specificat over; 7. Funding Agency Special Provisions for Montana Public Facility Projects, which ' will govern over; 8. Standard Modifications to the Montana Public Works Standard Specifications, , which will govern over; 9. Supplementary Conditions to the General Conditions, which will govern over; 10. General Conditions, which will govern over; hi h ill D i 11. govern over; c w raw ngs, w 12. Contractor's Bid, which will govern over; 13. Montana Public Works Standard Specifications 2006 Addendum, which will govern over; 14. Montana Public Works Standard Specifications, Fifth Edition, March 2003, which will govern over; 15. Montana Department of Transportation Standard Specifications for Road and Bridge Construction, which will govern over; 16 overn over hi h will ti S if R f . ; g ons, w c erence pec ica e With reference to Drawings, the order of precedence is as follows: 1. Addenda/Change Order Drawings govern over any other Drawings. 2. Figures govern over scaled dimensions. ' 3. Contract Detail Drawings govern over Contract General Drawings. 4. Contract Drawings govern over Standard Drawings. SM-01041 PROJECT COORDINATION , Delete Section 01041 in its entirety and replace with Section 01041: PROJECT COORDINATION contained in the Project Manual. SM-01050 FIELD ENGINEERING Delete Section 01050 in its entirety. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 4 OF 41 1 i n 1 1 SM-01300 SUBMITTALS Delete Section 01300 in its entirety and replace with Section 01300: SUBMITTALS contained in the Project Manual. SM-01400 CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE Delete Section 01400 in its entirety and replace with Section 01400: CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE contained in the Project Manual. SM-01500 CONSTRUCTION AND TEMPORARY FACILITIES Delete Section 01500 in its entirety and replace with Section 01500: CONSTRUCTION AND TEMPORARY FACILITIES contained in the Project Manual. SM-01570 CONSTRUCTION TRAFFIC CONTROL Delete Sections 01570.1.3.B and C and replace with the following: B. Prepare traffic control Drawings and submit to the Engineer for approval at least 14 days prior to the beginning of construction or change in a zone of work. Do not commence work until said plan is approved. C. Cooperate with the Engineer and the Owner to adjust traffic control Drawings as required to fit specific field conditions. Modifications to construction timing based upon field adjustments to the traffic control plan will not constitute a claim for additional payment to the Contractor. D. The Engineer will forward traffic control Drawings and subsequent changes to the Drawings to the Montana Department of Transportation (MDT) for any work performed within MDT right-of--way. The Contractor is responsible for making all modifications to traffic control Drawings required by MDT based upon their review. No time extension will be given for delays caused by failure to gain approval of plan by MDT. E. Notify all impacted parties (including but not limited to landowners, businesses, and residents adjacent to the work, local utilities, City and County personnel, emergency services, school district transportation directors, and the postal service) regarding the type and duration of the construction. F. For project sites involving a through street, provide the Engineer with a news release when submitting the traffic control Drawings. Include in the release, as a minimum, the work activity and duration. Once approved, furnish the news release to the local media at least 2 weeks before starting work. Add Section 01570.1.4. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 5 OF 41 1.4 TRAFFIC CONTROL OFFICER A. Name one employee responsible to coordinate traffic control for the entirety of the project. Assure the individual responsible for traffic control remains on-site whenever construction activity is taking place. Delete Section 01570.3.1.B and replace with the following. B. Inspect the work area at least twice a day during construction, including weekends, holidays, and other non-working days. Correct all deficiencies discovered during inspections and assure traffic control is appropriate to the work. Maintain records of traffic control devices used and their location and daily checklists, signed by the traffic control officer, for each inspection. ^ Delete Section 01570.3.2.C and replace with the following. C. The Contractor is solely responsible for the construction traffic control system including removing, repairing, or replacing any traffic control device not providing its intended function. The Engineer will periodically observe the traffic control for compliance with the approved traffic control Drawings and inform the Contractor of any discovered non- compliance. SM-01700 CONTRACT CLOSEOUT Delete Section 01700 in its entirety and replace with Section 01700: CONTRACT CLOSEOUT contained in the Project Manual. SM-02110 GEOTEXTILES Delete Section 02110.2.1.A and replace with the following. A. Assure that fibers used in the manufacture of geotextiles, and the threads used in joining geotextiles by sewing, consist of long-chain synthetic polymers, composed of at least 95 percent by weight polyolefins or polyesters. They must be formed into a network so the filaments on yarns retain dimensional stability relative to each other, including selvedges. Add Section 02110.2.3.B B. At the time of installation, the fabric will be rejected if it has defects, seams or weakness, rips, holes, flaws, deterioration, or damage incurred during manufacture, transportation or storage. Add Section 02110.2.4 2.4 MATERIALS A. Separation/Stabilization Fabric 1. Provide high survivability non-woven polypropylene fabric that is inert to commonly encountered chemicals and soils and that remains stable over a SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 6 OF 41 temperature range of -50 degrees Fahrenheit (-46° C) to 150 degrees Fahrenheit (66° C) and at a pH range of 2 to 13. 2. Assure separation/stabilization geotextile meets the minimum requirements in the following table. Required Properties for Separation/Stabilization Fabric Property Test Method Value Minimum Grab Tensile Strength (lbs) ASTM D4632 200 Grab Tensile Elongation (%) ASTM D4632 50 Puncture (lb) ASTM D4833 130 Maximum Apparent Opening (US Sieve No.) ASTM D4751 100 B. Silt Fence Geotextile 1. Support silt fence with either wood or metal fence posts. 2. Assure silt fence geotextile meets the minimum requirements in the following table. Required Properties for Silt Fence Property Test Method Value Minimum Grab Tensile Strength (lbs) ASTM D4632 125 Minimum Grab Tensile Strength, X Direction ASTM D4632 100 (lbs) Minimum Permittivity (sec ~) ASTM D4491 0.05 Maximum Apparent Opening (US Sieve No.) ASTM D4751 30 Ultraviolet Stability (% Retained After 500 ASTM D4355 70 hrs of Exposure) C. Landfill Cell Filter Fabric 1. Assure landfill cell filter fabric minimum requirements in the following table. Required Properties for Landfill Cell Filter Fabric Property Test Method Value Minimum Grab Tensile Strength (lbs) ASTM D4632 390 Grab Tensile Elongation (%) ASTM D4632 50 Puncture (lb) ASTM D4833 240 Maximum Apparent Opening Size ASTM D4751 100 (US sieve number) SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 7 OF 41 Delete Section 02110.3.3.B and C and replace with the following. B. Overlap geotextile a minimum of 24 inches (60 cm) at the ends and sides of adjoining sheets or sew the geotextile joints according to the manufacturer's recommendations. Overlap the uphill or upstream sheet over the downhill or downstream sheet. Offset end joints of adjacent sheets a minimum of 5 feet (1.5 m). Pins may be used to hold the geotextile sheets in place other than on interior slopes of lagoons or ponds. Space pins along the overlaps at approximately 3 foot (1 m) centers. C. Place aggregate, slope protection, or riprap on the geotextile starting at the toe of the slope and proceed upward. Place materials by overhead construction methods or in such a manner that no vehicles or equipment operate directly on the fabric. Place riprap onto the geotextile from a height of less than 12 inches (30 cm). Place slope protection rock or aggregate backfill onto the geotextile from a height less than 3 feet (1 m). In underwater applications, place the geotextile and cover material in the same day. SM-02112 REMOVAL OF EXISTING PAVEMENT, CONCRETE CURB, SIDEWALK, DRIVEWAY, AND/OR STRUCTURES Delete Section 02212.3.1.C and replace with the following. C. Remove and dispose of existing private concrete driveways and/or sidewalks which interfere with construction of street improvements or which do not match new grade as shown on the contract documents or as directed by the Engineer. Remove such driveways and/or sidewalks to distance of 8 inches (20 cm) behind curbs, or to greater distance if required to properly match the new curb and gutter grade. Remove along the neat line produced by a concrete saw cut. Make cuts to a depth of the thickness of the driveway and/or sidewalk or to a maximum depth of 6 inches (15 cm), whichever is lesser, and take care in removing the concrete assuring the slab breaks on the sawed neat line. SM-02113 ADJUSTING EXISTING MANHOLES LAMPHOLES INLETS WATER VALVE BOXES WATER SERVICES AND FIRE HYDRANTS TO GRADE Delete Section 02113.3.1.E and replace with the following. D. Provide backfill material conforming to the requirements of Section 02235, 1 inch (25 mm) Minus Crushed Base Course, and compacted to at least 97 percent of the maximum dry density as determined by AASHTO T99 or ASTM D698. SM-02114 RELOCATING OR REMOVING UTILITY POLES, STREET SIGNS, AND MAILBOXES Delete Section 02114.3.1.A and replace with the following. A. Affected utility companies are to move power, street light, and telephone poles, unless they are designated in the contract documents to be removed or relocated by the SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 8 OF 41 t n 1 1 t 'J Cl 1 t 1 1 1 Contractor. If a utility company is non-responsive, notify Engineer. Coordinate all utility relocation activity with the construction activity. SM-02221 TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Add the following publications to the list in Section 02221.1.2.A. ASTM D4235 Relative Density ASTM D4254 Relative Density In Section 02221.1.3, delete the reference to Standard Drawings 02221-1: Typical Utility Trench Detail and refer to the attached Modified Standard Drawing 02221-1. Delete Section 02221.1.4.A.1 replace with the following. Meet the testing requirements of Special Provisions and Section 01400: Contractor Quality Control and Owner Quality Assurance. Delete Section 02221.1.4.A.3 and replace with the following. Re-testing failing areas is at the expense of the Contractor. Where Engineer provides testing on behalf of the Owner, the Contractor will be assessed the cost of all retests conducted by the Engineer, with that cost deducted from the progress payments. Delete Section 02221.1.4.B.1 and replace with the following. Quality assurance tests will be made by the Contractor for each on-site natural soil or each source of off-site material, including borrow material, to determine the laboratory maximum density values and optimum compaction moisture content according to ASTM D698. Delete Section 02221.1.4.0.3 and replace with the following. 3. Submit to the Engineer laboratory moisture-density relationship testing results of on-site and off-site borrow soils. ' Delete Section 02221.2.1.A and replace with the following. t ~~ 1 A. TYPE 1 PIPE BEDDING Type 1 Pipe Bedding includes the material placed from 4 inches (10 cm) below the bottom of the pipe to 6 inches (15 cm) over the pipe. 2. Provide Type 1 Bedding consisting of crushed stone or gravel, which is free of cementitious substances or thin, flat particles in an amount that would cause the material to cake, pack, or otherwise form and unyielding support for the pipe. 3. Provide imported granular material with a gradation as follows and a maximum plasticity index of 6, determined by AASHTO T89 and T90 or by ASTM D4318. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 9 OF 4I Percent by Weight Passing Sieve Size % Passing 1" (25 rnm) 100 3/4" (19.0 mm) 90 - 100 3/8" (9.5 mm) 20 - 55 No. 4 (4.75 mm) 5 - 10 No. 8 (2.36 mm) 0 - 5 4. Crush material so that the percentage of fractured particles in the finished product is as constant and uniform as practical. Crush to produce material where at least 50 percent of the material retained on the No. 4 sieve has at least one fractured face. 5. To prevent migration of material from around the pipe, do not use sand, sandy gravel, or a material composed mainly of sand for bedding material in the pipe zone where ground water is or will be present or where existing material contains voids which would allow migration. Where trench excavation encounters wet or unstable material, Type 1 Pipe Bedding must be well graded, free draining, and non-plastic. 6. Refer to the Special Provisions and details in the Drawings for other requirements. Delete Section 02221.2.1.B in its entirety. Delete Section 02221.2.1.D.3 and replace with the following. Type 2 Bedding consists of granular material meeting the following gradation and having a maximum plasticity index of 6 and a maximum liquid limit of 25 percent. Percent by Weight Passing Sieve Size Type B-Modified 3" (75 mm) 100 No. 4 (4.75 mm) 0 - 25 No. 8 (2.36 mm) 0 - 10 Delete Section 02221.3.3.A.8 and replace with the following. 8. No classification of trench excavated material materials will be made. Excavation and trenching work includes the removal and subsequent handling of all earth, loose or cemented gravel, loose or solid rock, and other materials excavated or otherwise removed in performance of the contract work, regardless of the type, character, composition, or condition thereof. All materials excavated SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 10 OF 41 1 1 L1 1 1 1 t L n 1 w 1 1 1 t or otherwise removed including asphalt, curb, butter, sidewalk, soils, etc., will become the property of the Contractor, who will be responsible for environmentally sound disposal of said material in accordance with state and federal regulations. Add Section 02221.3.3.B.2.b. b. If the trench is excavated wider than the specified minimum, provide Type 1 Pipe Bedding for the additional width to yield a consistent backfill for the entire width of the trench or take such other measures as the Engineer may direct to protect the pipe against the crushing forces of trench backfill at the Contractor's expense. Delete Section 02221.3.3.E.2 and replace with the following. 2. Remove and replace all pavement damaged during construction by the Contractor's equipment, or the use thereof, to at least a depth of 1 inch (25 mm). Patches will not be allowed less than 1 inch (25 mm) in thickness. Add Sections 02221.3.3.E.3 and 4. Replace all asphalt pavement damaged during construction outside of restoration pay limits in conjunction with asphalt restoration and as otherwise required by the Engineer. Provide asphalt meeting the requirements of Section 02510: Asphalt Concrete Pavement, and place asphalt to produce a final surface uniform in texture and consistent with the line and grade of adjacent pavement or as directed by Engineer. No compensation will be allowed for removal and replacement of damaged pavement outside of the pay limits for asphalt restoration. 4. Assure work and materials for pavement restoration is in accordance with Section 02510: Asphalt Concrete Pavement. Delete Section 02221.3.4.A and replace with the following. A. General Furnish all necessary labor, equipment, and incidentals necessary to dewater the project site during construction. 2. Keep all excavation dry and free from water during construction and the placement of materials. Do not place pipe, bedding, or backfill materials below the groundwater elevation established by dewatering operations. Do not allow ground water or stormwater to enter or flow through the underground piping during installation. 3. The cost of dewatering operations will be incidental to the cost of pipeline and appurtenance installation and no additional payment will be made for dewatering. Consider shifts in the groundwater level caused by changing seasons or local conditions in estimating the cost of dewatering operations, as no additional payments will be made for fluctuating groundwater levels. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 11 OF 41 4. Protect all structures that could be potentially impacted by dewatering operations Repair any damage to structures caused as a result of dewatering at Contractor's expense. Add Section 02221.3.4.B. B. Discharge Do not discharge or dispose of water from dewatering operations in such a manner as to flood existing landscaped areas, graveled areas, or structures unless approved by Engineer. Written permission from the appropriate landowner shall also be required for discharge or disposal on private property. 2. It is the Contractor's responsibility to comply with requirements and regulations of federal, state, and local agencies that govern areas affected by dewatering of the construction site and application for, and maintenance of, any required permits. Add Sections 02221.3.6.A.2 and 3. Storage of all imported backfill materials, including protecting said materials from adverse conditions that would disqualify them from use under these specifications, is the responsibility of the Contractor. Delete Sections 02221.3.6.B.1.a and b and replace with the following. a. Place Type 1 Pipe Bedding material 4 inches (10 cm) under, around the pipe, and to a point 6 inches (15 cm) above the top of the pipe in 6 inch (15 cm) lifts, using hand or other compaction methods without damaging or disturbing the pipe including mains and service lines and all appurtenances. b. Place bedding material in equal lifts on both sides of the pipe for the full trench width. Thoroughly compact each lift of pipe bedding by tamping, vibration, slicing with a shovel, rodding, or by a combination of these methods. Take special care to assure complete compaction under the haunches of the pipe. Delete Section 02221.3.6.B.2 in its entirety. Delete Section 02221.3.6.0.1 and replace with the following. After the pipe bedding materials are placed and compacted as specified, backfill the trench. a. Use backfill material free of cinders, ash, refuse, organic or frozen material, boulders, or other deleterious material. b. From the top of the Type 1 Bedding to 6 inches (15 cm) below the ground surface, or the subgrade elevation, material containing stone up to 8 inches (20 cm) in the greatest dimension maybe used. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 12 OF 41 t t n f1 CI' [] t t 1 u ii 1 t Cost of screening, drying, or moistening excavated backfill to comply with specifications will be considered incidental to the Contractor's bid price per linear foot of pipe and service lines, and unit prices for appurtenances, and no additional payment will be made for such work. Delete Sections 02221.3.6.C.6.athrough cand replace with the following. a. Type A Trench Backfill. Place trench backfill in maximum 8 inch (20 cm) compacted lifts within 3 percent of optimum moisture content and compact to at least 95 percent of maximum dry density determined by AASHTO T99 or by ASTM D698. For materials that do not exhibit a typical well-defined moisture-density curve, compact backfill to 70 percent relative density as determined by ASTM D4253 and D4254. b. Type B Trench Backfill. Place trench backfill in maximum 8 inch (20 cm) compacted lifts within 3 percent of optimum moisture content, and compact to at least 90 percent of maximum dry density determined by AASHTO T99 or by ASTM D698. For materials that do not exhibit a typical well-defined moisture-density curve, compact backfill to 50 percent relative density as determined by ASTM D4253 and D4254. c. Tvue C Trench Backfill. Place and compact Type C Trench Backfill in maximum 12 inch (30 cm) lifts at densities equal to or greater than the densities of adjoining undisturbed soil. Mound earth over the trench top, if so directed by the Engineer. In cultivated areas, place stripped topsoil uniformly over the backfilled trench to the original depth. Do not compact the topsoil, but grade to provide a smooth surface conforming to the adjoining ground surfaces. Delete Section 02221.3.6.D and replace with the following. D. Replacement of Unsuitable Backfill Material Remove and dispose of excavated soils that are saturated, contain deleterious materials, or have characteristics that, in the opinion of the Engineer, render the soils unsuitable as backfill, or which cannot be readily conditioned or dried to be made suitable. 2. Replace unsuitable soils with material obtained from trench excavations within the project limits at the expense of the Contractor. If suitable replacement material is not available within project limits, obtain material from an approved borrow source, to be paid for as Irported Backfill Material. 3. Provide imported backfill material with a gradation as follows and a maximum plasticity index of 10, determined by AASHTO T89 and T90 or by ASTM D4318. Imported backfill may not contain rock measuring greater than 6 inches (15 cm) in the greatest dimension. SECTION 00950 STANDARD MODIFICATIONS to MPW5S PAGE 13 OF 41 1 Percent by Weight Passing Sieve Size % Passing 1" (25 mm) 70 -100 No. 4 (4.75 mm) 40 - 80 No. 10 (2.00 mm) 25 - 60 No. 200 (0.075 mm) 2 - 35 1 4. Place and compact all imported material according to the applicable backfill specification requirements. Delete Section 02221.3.6.F.1 and replace with the following. 1 t . Provide warning tape as described in this Section. Bury tape a maximum of 18 inches (45 cm) below finish surface grade. Add Section 02221.3.8.B. B. Dispose of vegetation; coarse debris resulting from pavement or sidewalk removal; stones, junk, debris, and other materials encountered in excavation work; and other similar waste materials away from the site of the work at the Contractor's expense. Delete Section 02221.3.9.C and replace with the following. C. The maximum permissible distance between backfilling/compaction operations and the end of newly installed pipe is 100 feet (30 m) in existing streets (and/or alleys) and 200 feet (60 m) in all other areas. Delete Section 02221.3.9.E. and replace with the following. E. For each work group consisting of a trench excavator, a pipe laying crew, and a backfilling/compaction crew, the maximum allowable open ditch at any time is 200 feet (60 m) in existing streets (and/or alleys) and 400 feet (120 m) in all other areas. Add Section 02221.3.9.G. G. At the completion of each working day, fill all trenches and/or provide safety netting, Jersey barrier, and other barricades required for public safety. Add Section 02221.3.10. 3.10 DRAINAGE CROSSINGS A. Where trenches are constructed in or across roadway ditches or other water courses, protect the backfill from surface erosion by adequate means. Where the grade of the ditch exceeds 1 percent, prevent erosion by a suitable method approved by the Engineer. Backfill trenches in such a manner that water will not accumulate in unfilled or partially filled trenches. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 14 OF 41 1 1 1 t 1 1 B. Remove all material deposited in roadway ditches or other water courses crossed by the trench immediately after backfilling is completed and restore the section, grades, and contours of such ditches or water courses to their original conditions, in order that the surface drainage is obstructed no longer than necessary. SM-02230 STREET EXCAVATION, BACKFILL, AND COMPACTION Delete Section 02230.1.3.A and replace with the following. A. Field Density Testing Meet the testing requirements of Special Provisions and Section 01400: Contractor Quality Control and Owner Quality Assurance. 2. Assure in-place field density tests meet ASTM D1556 (AASHTO T191) Sand Cone Method or ASTM D2922 and D3017 (AASHTO T238 and T239) Nuclear Densometer Methods. Quality assurance field density testing frequency is at the Engineer's discretion. Delete Section 02230.3.1.A and replace with the following. A. Perform Clearing and grubbing including the excavation, removal and disposal of roots, stumps, sod, or any organic material and buried debris from within construction limits. Construction limits are defined by all areas within the cut/fill limits and extending 1 foot (0.3 m) beyond the back of sidewalk and/or curb and gutter, or 2 feet (0.6 m) beyond the edge of pavement if no sidewalk or curb and gutter is present. Remove unsuitable material to at least 12 inches (30 cm) below subgrade elevation. Delete Section 02230.3.4.A and replace with the following. A. Excavate to the specified lines and grade or as directed by Engineer. Excavate without causing rutting, pumping, or other disturbances to underlying materials. SM-02234 SUB BASE COURSE Delete Section 02234.2.S.A and replace with the following. A. Use water from an approved source. SM-02235 CRUSHED BASE COURSE Delete Section 02235.2.2.C and replace with the following: C. Crush material so that the percentage of fractured particles in the finished product is as constant and uniform as practical. Crush to produce material where at least 50 percent of the material retained on the No. 4 sieve has at least one fractured face. Delete Section 02235.2.4.A and replace with the following. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 15 OF 41 A. Use water from an approved source. SM-02502 ASPHALT PRIlVIE AND/OR TACK COAT Delete Section 02502.2.1.A and replace with the following: A. Unless otherwise specified, furnish asphalt material grade and typed as specified below. 1 1. Furnish Liquid Asphalt, MC-70 meeting the requirement of Section 702 of the MDT Standard Specifications for all asphalt prime coat applications. 2. Furnish Liquid Asphalt, MC-800 and/or MC-3000 meeting the requirement of Section 702 of the MDT Standard Specifications for all chip seal applications on gravel roads. 3. Furnish Emulsified Asphalt, SS-1 meeting the requirements of Table 1 in this section for all asphalt tack coat applications. 4. Furnish Emulsified Asphalt, CRS-2 or CRS-2P meeting the requirements of Table 2 in this section for all asphalt chip seal applications. Add the following to Section 02502.3.2.B: 1 1 A. Apply MC-70 at a rate of 0.20 gallons per square yard (0.91 L/m2) on all asphalt prime coat applications. SM-02504 ASPHALT SEAL COAT Add the following to Section 02504.2.2.A: A. Unless otherwise specified, furnish'h inch (13 mm) seal coat aggregate meeting the requirements of Section 2510: Asphalt Concrete Pavement and Table 1 in this section for all chip seal applications on gravel roads. Unless otherwise specified, furnish 3/8 inch (9.5 mm) seal coat aggregate meeting the requirements of Section 2510: Asphalt Concrete Pavement and Table 2 for all chip seal applications on asphalt roads. Add the following to Section 02504.3.3.B: 2. Do not perform seal coat work if the local weather forecast includes a predicted temperature lower than 45 degrees Fahrenheit (7° C) within 12 hours after the intended close of the work for the day. Do not perform seal coat work if the local weather forecast includes a probability of precipitation greater than 45 percent within the intended schedule of operations for the day. Regardless of the weather forecast, seal coat work maybe suspended if impending adverse weather conditions occur in the vicinity of the work. Delete Section 02504.3.3.D.1 and add the following: SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 16 OF 41 1 t ' 1. Apply asphalt material at a rate of 0.35 gallons per square yard (1.6 L/m2) when using Emulsified Asphalt CRS-2 or CRS-2P, and at a rate of 0.50 (2.3 L/mZ) gallons per square yard when using Liquid Asphalt MC-800 or MC-3000. Apply asphalt material at a rate of 0.20 gallons per square yard (0.9 L/m2) for sand seal applications. Apply the asphalt material uniformly at the rate specified. t Delete Section 02504.3.3.E.1 and add the following: 1. Apply seal coat material at a rate of 25 pounds per square yard (13.6 kg/m2) on ' all chip seal applications. Apply seal coat material at a rate of 15 pounds per square yard (8.1 kg/mz) on all sand seal applications. During the course of the work, make adjustments in the rate of application as required or as directed by the Engineer. I SM-02510 ASPHALT CONCRETE PAVEMENT Delete Section 02510.2.1.B and C and replace with the following. B. Unless otherwise specified, furnish Type B or B-Modified aggregate meeting the requirements of Table 2 in this section for all asphalt pavement applications. ' C. Unless otherwise specified, furnish (PGAB) PG58-28 Asphalt Binder Material meeting the requirements of Table 3 in this section for all asphalt pavement applications. Delete Section 02510.2.2.H and replace with the following. H. Produce coarse aggregate retained on the No. 4 sieve (4.75 mm) having a minimum of 75 percent by weight of particles with at least two mechanically fractured faces. When fractures are contiguous, assure the angle between the fracture planes is at least 30 degrees to count as two fractured faces. Add the following to Table 2 in Section 02510.2.2.L.1. 1 1 J l] Percent by Weight Passing Sieve Size Type B-Modified 1" (25 mm) --- 3/4" (19 mm) 100 1/2" (12.5 mm) 82 - 95 No. 4 (4.75 mm) 45 - 65 No. 10 (2.00 mm) 32 - 45 No. 40 (0.425 mm) 15 - 25 No. 200 (0.075 mm) 4 - 8 Add the following to Section 02510.2.S.B.2: SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 17 OF 41 All type B-modified asphaltic concrete surfacing shall meet the following Marshall Design criteria as determined by ASTM D1559. a. Number of Compaction Blows, Each End of Specimen .... 75 r b. Stability, Minimum ................................ 15001bs. c. Flow ............................................8 - 16 d. Air Voids, Percent ................................. 3% - 5% e. Percent Voids in Mineral Aggregate (minimum) .......... 65-75 Add the following to Section 02510.3.14.B.3: d. Skin patching will not generally be considered a satisfactory method of repair. e. Tack coat all existing edges prior to placing new asphalt concrete. Delete Section 02510.3.9 and replace with the following. A. Sampling and testing of the aggregates and other constituent materials will meet the requirements of Special Provisions and Section 01400: Contractor Quality Control and Owner Quality Assurance. Delete Section 02510.3.16.A.1 and add the following: 1. The maximum lift thickness is 3 inches (compacted depth) for surface courses and 6 inches (compacted depth) for base courses. Delete Section 02510.3.29 and replace with the following. 3.29 PAVEMENT AND MATERIAL TESTING REQUIREMENTS A. Meet the testing requirements of the Special Provisions and Section 01400: Contractor ' Quality Control and Owner Quality Assurance. B. Owner or Owner's representative may perform field density testing of the pavement through the use of a nuclear densometer and/or by providing 4 inch diameter core samples of the asphalt surface courses. C. The Owner or Owner's representative may determine the field thickness of the pavement by inserting a flat blade through the material to the previously placed base, measuring core samples, or other approved method. The actual measured thickness must be within 1/ inch (6.35 mm) of the specified thickness. When the measurement of any field thickness is less than the plan thickness by more than the allowable deviation, the actual thickness of the pavement in this area maybe determined by taking additional measurements at intervals parallel to the centerline in each direction from the affected locations until, in each direction, pavement is found which is not deficient by more than the allowable deviation. Additional measurements of field thickness are considered as re- testing of failing areas. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 18 OF 41 1 1 1 1 J D. In all cases, the costs of the following tests are at Contractor's expense: 1. Initial Aggregate Tests 2. Job Mix Formula 3. Any Tests Contractor Requires for Quality Control for Crushing, Screening, or Other Construction Operations 4. Re-testing of Failing Tests or Required Additional Testing E. Correct all pavement composition and field density deficiencies at Contractor's expense. Areas found deficient in thickness by more than the allowable deviation will be evaluated by the Engineer. If the Engineer determines the deficient areas warrant removal, remove and replace the areas with asphaltic concrete of the thickness shown on the Drawings at the Contractor's expense. SM-02528 CONCRETE CURB AND GUTTER Delete Section 02528.2.3.A and replace with the following. A. Furnish pre-formed expansion joint material meeting the requirements of AASHTO M213. ' Add Section 02528.2.S.A.2. 2. Apply liquid membrane-forming compound between April 15 and August 14 of each year. Add Section 02528.2.S.B.2. 2. Apply water-soluble or emulsified linseed oil compound between August 15 and April 14 of each year. Delete Section 02528.3.2.B and replace with the following. i] 1 B. Complete excavation to the lines shown in the Contract Documents, or as specified by Engineer. Delete Section 02528.3.4.A and replace with the following. A. Place reinforcement as required by Contract Documents or Engineer's direction. Place and hold in position before placing concrete. Delete Section 02528.3.6.B.1 and replace with the following. 1. Finish the surface of the concrete curbs and gutters true to the lines and grades shown on the Drawings. Work concrete until the coarse aggregate is forced down into the body of the concrete and no coarse aggregate is exposed. Delete Section 02528.3.9.A and replace with the following: SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 19 OF 41 A. Complete the curb backfill to 4 inches (10 cm) below the top of curb before final grading , the subgrade and placing the base course of the street section. Delete Section 02528.3.9.E and replace with the following. r E. Compact backfill to prevent settlement and level the surface to be free draining. Complete all backfill within 4 days after curb and gutter is placed. SM-02529 CONCRETE SH)EWALKS DRIVEWAYS APPROACHES CURB TURN FILLETS, VALLEY GUTTERS, AND MISCELLANEOUS NEW CONCRETE CONSTRUCTION Delete Standard Drawing 02529-6, Retrofit Drive Approach, from the list in Section 02529.1.2.A and the drawing itself in its entirety from Appendix A. Delete Sections 02529.3.2.A and B and replace with the following. A. Excavate to the specified depth, or as directed by the Engineer. Assure the concrete subgrade has a firm and even surface and is compacted as specified in Section 02230, as may be modified by the Standard Modifications. B. Place and compact at least 3 inches (75 mm) of gravel base material to a firm, even ' surface. This requirement is waived for concrete if it is to be installed on street base course material exceeding 3 inches (75 mm} or more in thickness and is approved by Engineer. Delete Section 02529.3.4.A and replace with the following. A. Place and hold in position reinforcement meeting the contract requirements, or as , directed by Engineer, before placing the concrete. Delete Section 02529.3.6.B.1 and replace with the following. , Finish the concrete surface true to lines and grades shown on the Drawings. Work concrete until the coarse aggregate is forced down into the body of the ' concrete and no coarse aggregate is exposed. Float the concrete surface using a magnesium float to a smooth and uniform surface. Plastering of the surface is prohibited. Edge all outside edges of the slab and all joints using a '/ inch (6.4 mm) radius edging tool. 2. Immediately after the forms have been removed, remove all form bolts and tie wires to a depth of at least '/2 -inch (12.5 mm) below the surface of the concrete. ' Clean and fill all holes and depressions caused by the removal or setting back of form bolts or tie wires with Portland cement mortar composed of 1 part cement by volume and 2 parts sand. Chip out, clean and fill all rock pockets, honey, and ' air pockets with mortar, in compliance with instruction of the Engineer. If, in the judgment of the Engineer, rock pockets are of such an extent or character as to materially affect the strength of the structure or to endanger the life of the steel , reinforcement, he may declare the concrete defective and order the complete removal and replacement of that portion of the structure so affected. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 20 OF 41 1 1 1 1 3. Carefully make all mortar patches using a very dry mortar tamped firmly in the void. Keep the patches wet for a period of 3 days after which it will be inspected for shrinkage cracks. Excessive cracking will require complete removal and replacement of the patch. 4. Screed, float and light broom finish sidewalks, exterior slabs, approaches, etc. and membrane cure. After concrete has hardened sufficiently, give the surface a broom finish. Obtain Engineer approval of the broom before use. Assure the broom strokes are square across the concrete from edge to edge, overlapping adjacent strokes. Broom without tearing the concrete. Assure the broomed finish produces regular corrugations not exceeding'/8 inch (3.2 mm) in depth. 5. Steel trowel finish interior floor surfaces which will be exposed after construction is completed, surfaces to be covered with resilient floor coverings or seamless floor coverings, the exposed portion of the top of equipment bases, the top of interior curbs, and other surfaces designated on the Drawings. Perform troweling after the second floating when the surface has hardened sufficiently to prevent an excess of fines from being drawn to the surface. Produce a dense, smooth, uniform surface free from blemishes and trowel marks. 6. Apply liquid or shake-on floor hardener to all interior concrete floors which are subject to foot or equipment traffic and are not required to be covered with resilient floor coverings or seamless flooring. Prior to application, thoroughly clean the floor of all dirt, grease, and other foreign matter. Do not apply curing compounds to floors scheduled to receive floor hardener unless compatibility with the hardener is demonstrated in manufacturer's data. Delete Section 02529.3.9.0 and replace with the following C. Compact backfill to prevent settlement and level the surface to a neat appearing and free draining surface within 4 days after concrete is placed. Delete Section 02529.3.11.A and replace with the following. A. Construct new street monuments, new street light bases, and other miscellaneous concrete construction in accordance with the detail drawings, or as directed by Engineer. Add Section 02529.3.11.B. B. New concrete construction required to maintain or restore existing structures will be considered incidental to the cost of pipe installation and no additional payments made. Include the concrete costs associated with thrust blocks with the unit costs bid for the valve, fittings, or appurtenance requiring the thrust block. New concrete work not included above, or specifically called out on the Drawings, must first be approved by Engineer. Add Section 02529.3.11.0. C. Construct all curb ramps with detectable warning surfaces in conformance with the requirements of the Americans with Disabilities Act Accessibility Guidelines (ADAAG). Detectable warning surfaces shall be black. Detectable warning surfaces shall be SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 21 OF 41 considered deficient and subject to replacement by the Contractor if more than 5 percent of the truncated domes on a ramp surface are missing or damaged, if the detectable warning product has lost any adhesion to the concrete, or if the detectable warning product is cracked or shows other signs of distress, at the end of the two year warranty period. SM-02660 WATER DISTRIBUTION Add the following publications to the list in Section 02660.1.3. ASTM F477 Elastomeric Seals (Gaskets) for Joining Plastic Pipe AWWA C116 Protective Fusion-Bonded Epoxy Coatings for the Interior and Exterior , Surfaces of Ductile-Iron and Gray-Iron Fittings for Water Supply Services AWWA C502 Dry-Barrel Fire Hydrants ' AWWA C600 Installation of Ductile-Iron Water Main and Their Appurtenances In Section 02660.1.4, delete the reference to Standard Drawings 02660-2: Water and Sewer Main Separation, 02660-4: Fire Hydrant Setting, and 02660-6: Water Service Line and refer to the attached Modified Standard Drawings 02660-2, 02660-4, and 02660-6. Delete Sections 02660.2.2.B.1 and 2 and replace with the following. , 1. Furnish Class 52 wall thickness meeting AWWA C151, American National Standard for Ductile Iron Pipe for Water. Add Section 02660.2.2.B.S.b and c. b. Restrained joint systems and mechanical restrained joint fittings shall be installed where specifically indicated in the Drawings. Restrained joints may also be allowed in applications not specifically identified in the Drawings in lieu of concrete thrust blocks with Engineer approval. 1) Furnish restrained joint systems as manufactured by US Pipe (Field Lok 350 Gaskets), American Pipe (Fast-Grip Gaskets), or , an approved equivalent. 2) Provide mechanical restrained joint fitting constructed of ductile iron and conforming to the material and performance requirements of AWWA C153. Assure all mechanical restrained joint fittings have seals conforming to ASTM F477 and the physical testing requirements of AWWA C111. Provide mechanical restrained joint fittings coated with fusion bonded epoxy coatings meeting the requirements of AWWA C116. Install all restrained joints in full conformance with manufacturer's recommendation, and assure the assembly of fitting joints does require beveling of the plain end of a cut pipe or the use of jacks or power equipment to force the pipe end past the gasket. Furnish mechanically restrained joint fittings as manufactured by One Bolt, Inc. (OneBolt), EBAA Iron, Inc. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 22 OF 41 ' Add Sections 02660.2.2.B.6.b and c. (Mega-Lug mechanical joint restraint), or an approved equivalent. b. Field verify material type and size to ensure that couplings will be sized for appropriate material and size. c. Furnish type (1) above coupling as manufactured by Romac Industries, Dresser Piping Specialties, or an approved equivalent. Delete Section 02660.2.2.D Concrete Cylinder Pipe in its entirety ' Delete Section 2.2.E.1.a. and replace with the following. ' a. Furnish service pipe of the size or sizes specified. If not specified, match the size of existing service lines being connected to or replaced. Service lines are considered 2 inch (50 mm) size and under. Service lines over 2 inch (50 mm) size are considered as water mains and are specified under the applicable sections. Add Section 02660.2.2.E.c.2 and 3. Add Section 02660.2.2.E.d.2. 2) Assure all new copper service pipes are continuous and free of joints from the corporation stop to the curb box unless otherwise approved by Engineer. 3) For all copper service pipe, assure corporation stops, curb stops, couplings, and all other fittings have compression connection as manufactured by Mueller (110 Compression Connection Series), Ford (Quick Joint Connection Series), A.Y. McDonald (McQuick Compression-Q Series), or an approved equivalent. ' 2) For all polyethylene service pipe, assure corporation stops, curb stops, couplings, and all other fittings have pressure connections designed specifically for polyethylene pipe as manufactured by ' Mueller (Insta-Tite Connection Series) or an approved equivalent.. 1 I_J Add Section 02660.2.3.B. B. Furnish sleeve (1) above as manufactured by Mueller, Rockwell, Dresser, or an approved equivalent. Provide thrust blocking behind tee flow-through sized per thrust block detail in the drawings. Furnish type (2) above as manufactured by Smith-Blair (Model 622), Ford (FTS), or an approved equivalent. Delete Section 02660.2.4 through 7 and replace with the following. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 23 OF 4I 1 2.4 CORPORATION STOPS A. Furnish brass corporation stops with inlet end to meet tapping requirements and outlet with compression coupling for copper tubing or pressure coupling for polyethylene tubing. 2.5 SERVICE CLAMPS A. Provide service clamps, where required, that are flat, double strap, ductile iron bodied and that have a nylon coating and standard AWWA corporation stop threads. Assure , service clamps meet all applicable parts of AWWA C800. B. Assure service clamps for PVC pipe provide full support around the pipe circumference ' with a bearing area of sufficient width along the pipe axis, 2 inch (50 mm) minimum, to insure the pipe will not be distorted when the saddle is tightened. Service clamps for PVC pipe, where required, shall be stainless steel full circumference bands with , corporation stop threads. 2.7 CURB BOXES ' A. Provide extension type curb boxes having at least a 6.5 foot (1.98 m) extended length and a range between the extended length and retracted length that allows for the curb box to be installed absolutely flush with the sidewalk or fmished grade. B. Furnish curb boxes as manufactured by Ford (EM2-xx-56 or EM2-xx-57 Series), Mueller (H-10300 Series or H-10380 Series), A.Y. McDonald (5614 or 5615), or an approved equivalent. Delete Section 02660.2.8.A.1 and replace with the following. 1. Unless designated otherwise, valves 12 inches (30 cm) in diameter or smaller ' will be gate valves. Furnish iron body gate valves or resilient seat gate valves with non-rising stems with design, construction, and pressure rating meeting ' AWWA C509 and the following requirements. Add Section 02660.2.8.A.4. , 4. Furnish resilient seat gate valves as manufactured by Mueller, Clow, American Darling, or an approved equivalent. Delete Section 02660.2.8.B and replace with the following. ' B. Butterfly Valves 1. Unless designated otherwise, all valves larger than a 12 inch (30 cm) diameter will be butterfly valves. Furnish Class 150, rubber seated, butterfly valves for water distribution systems meeting AWWA C504 requirements. Valves are to be equipped with push-on ends and lubricated screw type operators designed for underground service. ' 2. Rubber valve seats to be replaceable without disassembling the valve and not interrupted by the shafting. Rubber seats may be retained on the disc edge by SECTION 00950 , STANDARD MODIFICATIONS to MPWSS PAGE 24 OF 41 1 i~ 1 stainless steel clamping instead of bonding to the valve body. Assure shaft packing is the self-adjusting, permanent type. Assure underground service operators are permanently lubricated, screw type, totally enclosed and watertight constructed. Assure overload protection is incorporated in the operator allowing 450 foot pounds (610 J) input torque at full-open and full-closed positions without damaging the operator or valve. Install valves with the operating mechanism oriented on either the south or west side of the pipeline. 4. Provide a 2 inch (50 mm) square operating nut and valve box for operating the valve. Valves to open counter clockwise. Furnish bonnet and gland bolts and nuts either fabricated from low-alloy steel for corrosion resistance or electroplated with zinc or cadmium. The hot-dip process in accordance with ASTM A153 is not acceptable. 5. Evenly coat all exterior ferrous surfaces, except the flange faces, with black asphalt varnish in accordance with Section 5.3 of AWWA C509, or epoxy in accordance with AWWA C550. Evenly coat with epoxy all wetted ferrous surfaces in accordance with AWWA C550. Apply epoxy coating to a minimum uniform 4 mil thickness. 6. Furnish performance certification, leakage and hydrostatic tests as specified in AWWA C504. Assure valve manufacturer has at least 5 years experience manufacturing waterworks and distribution valves. 7. Furnish butterfly valves as manufactured by Dresser Industries (450 Valve), Allis-Chalmer (Streamseal), Henry Pratt (Groundhog), or an approved equivalent. Add Sections 02660.2.14 through 2.17. 2.14 WATER MAIN INSULATION A. Furnish extruded polystyrene rigid foam insulation conforming to ASTM C578, Type IV, with a minimum thermal resistance (R value) of 5.0 per 1 inch of thickness at 75° Fahrenheit mean temperature. Water absorption for the insulation shall not exceed 0.10 by volume as measured by ASTM C272. B. Materials shall be delivered in their original unopened units, stored off the ground, protected from direct sunlight with alight-colored opaque polyethylene film and ventilated to prevent excessive temperature. Damaged or deteriorated materials shall be removed from the premises. C. Furnish extruded polystyrene rigid foam insulation as manufactured by Dow Chemical Company (Styrofoam Freezermate), Owens-Corning (Foamular 250), or an approved equivalent. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 25 OF 41 2.15 FLUSHING HYDRANTS 1 A. Furnish hidden type flushing hydrants with a dry barrel design and a 2'/z inch (63 cm) hose connection with National Standard hose threads for 6.5 foot (2 m) minimum bury. B. Furnish flushing hydrants complete with shut-off valves with aclosed-bottom body, tee head key, and an integral drain to allow hydrant post to drain after use to prevent freeze damage. C. Furnish a meter box with a minimum width of 18 inches (50 cm) and a minimum depth of 24 inches (60 cm) and a locking lid to house the hydrant outlet. D. Paint any portions of the flushing hydrant above the ground line to meet the Owner's standard. E. Furnish flushing hydrants as manufactured by The Kupferle Foundry Company (MainGuard No. 78, Underground Model) or an approved equivalent. 2.16. YARD HYDRANTS A. Provide frost-proof yard hydrants designed for a minimum operating pressure of 100 pounds per square inch (689 kPa) and a minimum bury depth of 6.5 feet (2 m). B. Furnish yard hydrants complete with brass hydrant ells and tees, a brass vacuum breaker, an anti-siphon outlet, and integral drain that allows hydrant barrel to drain after use to prevent freeze damage. C. Provide a set of spare parts per each two yard hydrants installed that are manufactured by the same manufacturer as the yard hydrants and specific to the model of yard hydrant. D. Assure hydrants are equipped with an integral locking eyehole for the placement of a padlock. Provide a padlock compatible with the yard hydrants with each hydrant installed. Assure all locks provided are keyed alike and provide at least two sets of keys for the padlocks. 1 i] E. Furnish yard hydrants as manufactured by Merrill (Model C-1000 with Spare Parts Kit C) , or an approved equivalent. 2.17 BLOWOFF HYDRANTS A. Provide 2 inch (50 mm) diameter post type blowoff hydrants meeting all applicable parts of AWWA C502. B. Furnish blowoff hydrants with a dry barrel design, a compression type main valve, and dual bronze drain valves. C. Assure blowoff hydrants are rated for 150 pounds per square inch (1,034 kPa) maximum working pressure and 300 pounds per square inch (2,068 kPa) test pressure. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 26 OF 41 1 ' Delete Sections 02660.3.2.A.3 and 4 and replace with the following. ' 3. Store all material safely and to prevent damage. Keep pipe interior and other accessories free from dirt and foreign matter at all times. If pipe is stored on site out of doors for more than 7 days, keep ends of pipe sealed against rodent ' intrusion and cover PVC pipe with protection from ultraviolet radiation from the sun. ' 4. Deliver and distribute all Contractor furnished pipe at the site. Load and unload pipe, fittings, specials, valves, and accessories to prevent damage. Do not permit pipe handled on skidways to skid or roll against pipe already on the ground. Do not make metal-to-metal contact between pipes or between fittings when moving ' or in storage, but rather use non-metal materials such as fire-hose. Do not drop pipe under any circumstance. Delete Sections 02660.3.2.0.3 in its entirety. Delete Sections 02660.3.2.0.7 and 8 and replace with the following. 1 Long radius curves, either horizontal or vertical, may be laid with ductile iron pipe using deflections at the joints when shown on the Drawings. Deflection at the joints is not to exceed 50 percent of manufacturer's recommended maximum deflection. PVC pipe maybe deflected over the length of the pipe or at fittings when shown on the Drawings, based upon manufacturer's recommendations. The Contractor shall provide the Engineer all manufacturers' deflection requirements and warranty information that specifically states that deflection of pipe and fittings does not reduce or eliminate warranty coverage or pressure and safety ratings. No additional payment will be made for laying pipe on planned curves, nor for field changes involving standard pipe lengths deflected at the joints or over the length of the pipe. Add Section 02660.3.2.0.12. 12. Provide vertical fittings with thrust blocks one and a half times the sizes set forth in Standard Drawing 02660-1 and include 2 #5 rebar anchors bent around each fitting and set into the concrete. Add Section 02660.3.3.B: B. Polyethylene encasement installation shall be per the Ductile Iron Pipe Research Association (DIPRA) Polyethylene Encasement Installation Guide. Delete Section 02660.3.4.A.1 and replace with the following. 1. Perform hydrostatic and leakage testing in accordance with AWWA 0600. Once the pipe is laid and backfilled, test for at least 2 hours, all newly laid pipe, or any valved section, at the highest point along the test section. Test to a hydrostatic pressure 2.0 times the normal operating pressure at the test point, but in no case less than a minimum gage pressure of 125 pounds per square inch (931 kPa) or SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 27 OF 41 , greater than the pressure rating of the pipe being tested. Do not test more than 1,000 linear feet (305 m) of pipeline at one time, unless otherwise approved by the Engineer. Delete Section 02660.3.4.B.1 and replace with the following. 1. Before chlorination, flush the mains thoroughly after the pressure and leakage ' test are completed. Contractor is responsible for all permits, as may be required, associated with cleaning water mains and the entire disinfection process. , Delete Section 02660.3.4.C.2.a.3 in its entirety. Delete Section 02660.3.4.C.3.aand replace with the following. ' a. Two (2) methods of chlorination maybe used. The continuous feed method gives a 24 hour chlorine residual of not less than 25 parts per ' million (25 mg/L), and the slug method provides a 3 hour exposure of not less than 50 parts per million (50 mg/L) free chlorine. Delete Section 02660.3.4.C.3.a.1 in its entirety. ' Delete Section 02660.3.4.C.3.a.2.b and replace with the following. , b) Use water from the existing distribution system or other approved source of supply to flow at a constant, measured rate in to the newly laid water main. At a , point not more than 10 feet (3 m) downstream from the beginning of the new main, assure water entering the new main receives a dose of chlorine fed at a constant rate such that the water will have at least 50 parts per ' million (50 mg/L) free chlorine. To assure that this concentration is provided, measure the chlorine concentration at regular intervals. , Delete Section 02660.3.4.C.3.a.2.dand replace with the following. , d) During chlorine application, position valves so that the chlorine solution in the main being treated does not flow into water mains in active service. Do not stop chlorine , application until the entire main is filled with chlorinated water. Retain the chlorinated water in the main for at least 24 hours, operating all valves and hydrants in the , section treated to disinfect the appurtenances. At the end of the 24 hour period, the treated water in all portions of the main must have a minimum free chlorine residual of 25 parts per million (25 mg/L). ' Delete Section 02660.3.4.D.1 and replace with the following. ' 1. After final flushing and before the water main is placed in service, test a sample, or samples, collected from the main(s) for turbidity and bacteriological quality. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 28 OF 41 ' IVY 1 1 1 1 Collect at least one sample from the new main and one from each branch. Collect the samples and have the tests performed at an approved laboratory. Add Section 026603.6.B.1. Install gate valve boxes such that the tops are 3 inches (76 mm) below the finished grade in aggregate surfaced areas and at finished grade in asphalt surfaced areas. In unsurfaced areas, leave the top of gate valve boxes 6 inches (152 mm) above the existing grade and slope backfill to the top at a 4:1 slope. Delete Section 02660.3.6.0.1 replace with the following. For clarity thrust blocks have not been shown on Drawings, but install each valve with thrust blocking and anchor rods per the details in the Drawings. Delete Section 02660.3.7 and replace with the following. A. Set all hydrants plumb with the pumper nozzle facing the street. Set the hydrant with the ground line at the location indicated by the hydrant manufacturer. Assure 1 to 2 inches (25 to 50 mm) of clearance between the existing ground or sidewalk and the bolt bottom on the hydrant bottom flange. Verify depth and riser length to establish clearance within 1 inch (25 mm) tolerance. B. Provide drainage at the hydrant base by placing clean gravel under and around it. Place gravel at least 12 inches (30 cm) on all sides from the base of the hydrant to at least 6 inches (15 cm) above the drain opening. Brace the hydrant against unexcavated earth at the trench end with concrete backing as detailed on the Drawings. Furnish hydrants with the specified gate valves. The gate valve shall be located three feet from the hydrant unless otherwise staked in the field by the Engineer. Install hydrants in accordance with the detail provided in the Drawings, or as located in the field by the Engineer. Add Section 026603.8.0 C. As the Contractor is constructing the new mains, he will be responsible for locating existing services. Locate new services in the same proximity as the existing services. Delete Section 02660.3.9.B and replace with the following. ' B. Provide water service clamps for all corporation stops. Set the saddle and corporation stop on the pipe prior to tapping and make the tap through the corporation stop using a standard tapping machine only. Assure taps for water service saddles are full-size taps. ' Undersized taps will not be allowed. Perform tapping using an approved tapping machine using clean, sharp drill taps for DIP. Use shell cutters for tapping PVC pipe. 1 `JI Add Sections 02660.3.10.A through C. 3.10 WATER MAIN INSULATION A. Install insulation on the new water main when crossing under, over, or within six feet of culverts that are open to the air, or in cases where less than six feet of cover is provided. Install the insulation the full width of the trench excavation. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 29 OF 41 1 B. Place a 6 mil thick polyethylene sheeting over the insulation, lapping any joints a ' minimum of 12 inches (30 cm). C. Place a 6 inch (15 cm) sand cushion above and below the insulation. , 3.11 FLUSHING HYDRANTS ' A. Set all flushing hydrants plumb with the hose connection orientated as directed by Owner. Set hydrants with the hose connection with the bury line as indicated by the l hydrant manufacturer 8 inches (20 cm) below finished grade in the thermal shell. Instal ' hydrants in accordance with the detail provided in the Drawings, or as specified by the Engineer. d i t. B. Provide drainage at the flushing hydrant by placing clean gravel under and aroun Place gravel at least 12 inches (30 cm) on all sides from the base of the hydrant and shut- off valve to at least 6 inches (15 cm) above the drain opening. , 3.12 YARD HYDRANTS A. Set all yard hydrants plumb with the outlet orientated as directed by Owner. Assure hydrants have a finished height above the final grade between 30 and 36 inches (75 and 90 cm). Install hydrants in accordance with the detail provided in the Drawings, or as specified by the Engineer. ' B. Provide drainage at the yard hydrant by placing clean gravel under and around it. Place gravel at least 12 inches (30 cm) on all sides from the base of the hydrant to at least 6 , inches (15 cm) above the drain opening. YSTEMS , SM-02720 STORM DRAIN S In Section 02720.1.4, delete the reference to Standard Drawings 02720-3: Sanitary Sewer and Storm Drain Manhole and refer to the attached Modified Standard Drawing 02720-3. , SM-02730 SANITARY SEWER COLLECTION SYSTEMS Add the following publications to the list in Section 022730.1.3. ASTM D5926 PVC Gaskets for DWV, Sewer, Sanitary, and Storm Plumbing Systems r ASTM C1173 Flexible Transition Couplings for Underground Piping Systems AWWA C111 Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings ' AWWA C115 Flanged Ductile-Iron Pipe with Ductile-Iron or Gray-Iron Threaded Flanges AWWA C151 Ductile-Iron Pipe, Centrifugally Cast, for Water or Other Liquids ' AWWA C600 Installation of Ductile-Iron Water Mains and Their Appurtenances CSA B602 Mechanical Couplings for Drain, Waste, Vent Pipe, and Sewer Pipe In Section 02730.1.4, delete the reference to Standard Drawings 02660-2: Water and Sewer Main ' Separation and 02720-3: Sanitary Sewer and Storm Drain Manhole and refer to the attached Modified Standard Drawings 02660-2 and 02720-3 SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 30 OF 41 ~I Add Section 02730.2.2.A.6. 6. Gravity Sewer Service Couplings a. Provide coupling with a 0.12 inch (3 mm) minimum thickness stainless steel shield and stainless steel clamps. b. Assure coupling gaskets meet material requirements of CSA B602, ASTM D5926, and ASTM C 1173. c. Furnish coupling as manufactured by Fernco (Strong Back RC Series) or an approved equivalent. Delete Sections 02730.2.2.C and D and replace with the following. C. If HOPE pipe is included in the work, refer to the "High Density Polyethylene (HOPE) Pipe" technical specification. D. Ductile Iron Pipe (DIP) 1. General a. Furnish ductile iron pipe with a Class 52 wall thickness and a minimum operating pressure of 150 psi (10 Bar) that meets AWWA C151. b. Assure the pipe interior is coated with a fusion bonded epoxy, a 40 mil polyethylene liner, or another coating rated for wastewater applications, as approved by Engineer. c. Assure the outside pipe surface is coated with a minimum of 1 mil thickness of bituminous coal tar base coating. d. Polyethylene encasement installation shall be per the Ductile Iron Pipe Research Association (DIPRA) Polyethylene Encasement Installation Guide. 2. Pipe Jointing a. For underground applications, assure joints are push-on joints or mechanical j oints meeting AW WA C 111. b. For aboveground or submerged applications, assure joints are flanged joints meeting AWWA C115. Add Section 02730.3.1.D.5. 5. Lay all pipe for gravity lines with the bell end of the pipe sections placed toward the uphill side of the slope. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 31 OF 41 Delete Section 02730.3.1.E.1 and replace with the following. Install the pipe within `/2 inch (13 mm) of the specified alignment and within '/ inch (6 mm) of the specified grade for pipe 14 inches (35 cm) in diameter and smaller and within''/z inch (13 mm) of the specified grade for pipe greater than 14 inches (35 cm) in diameter. These tolerances will apply to any point along the entire length of the pipe. The following are minimum slopes that must be provided, unless specifically indicated otherwise on the Drawings: Minimum Slope in Feet Sewer Size Per 100 feet Sewer Size Per 100 feet 6 inch 0.60 21 inch 0.10 8 inch 0.40 24 inch 0.08 10 inch 0.28 27 inch 0.067 12 inch 0.22 30 inch 0.058 14 inch 0.17 33 inch 0.052 15 inch 0.15 36 inch 0.046 16 inch 0.14 39 inch 0.041 18 inch 0.12 42 inch 0.037 Add Section 02730.3.3.C. C. Connect exiting services at closest possible point to the new main unless otherwise indicated on the Drawings or specified in the special provisions. Delete Section 02730.3.4.D.3 and replace with the following. The allowable infiltration or exfiltration, including manholes, cannot exceed 100 gallons per day per mile of sewer per inch of pipe diameter (92.5 Liters per day per kilometer of sewer per centimeter of pipe diameter). This does not exclude obvious and concentrated leaks and physical defects, such as open joints, pinched gaskets, cracked barrels or bells, etc. Make repairs on concentrated leaks and as required to reduce infiltration or exfiltration leakage below the specified rate. Delete Sections 02730.3.4.E.4 and 5 and replace with the following. 4. Apply air slowly to the pipeline until the pressure reaches 4.0 pounds per square inchg (27.6 kPa). Throttle the air supply to maintain the internal pressure between 4.0 and 3.5 pounds per square inchg (27.6 and 24.1 kPa) for at least 2 minutes. During this time, check the plugs with soap solution to detect any plug leakage. When the pressure reaches exactly 3.5 pounds per square inchg (24.1 kPa), disconnect the air supply, start a stopwatch, and record the time for the pressure to drop to 2.5 pounds per square inchg (17.2 kPa). The minimum time allowed for the pressure drop is computed on an air loss rate of 1.0 ft3/min (1.7 m3/min) SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 32 OF 41 C~ L! 1 i or an air loss rate of 0.0015 ft3/min per square foot (0.0275 m3/min per square meter) of inner pipe surface area under test, whichever rate yields the least time ' for the pressure drop. Should the time of the pressure drop be less than the allowable specified time, make the necessary leakage repairs and repeat the air test. Delete Sections 02730.3.4.E.7 and 8 in their entirety. ' Delete Sections 02730.3.4.6.1 - 2 and replace with the following. 1. Before final acceptance, Owner will require all sewers to be inspected using a television camera after leakage tests. Dewatering equipment must be shut down a minimum of 24 hours prior to the television inspection to allow groundwater to return to typical levels. Adequately flush the sewer lines prior to each television inspection. Television inspection of dry sewer lines is not acceptable. A sewer line is deficient and unacceptable if (1) the alignment is outside the specified limits, (2) water ponds in any section are equal to or greater than 2 times the grade tolerances specified herein under Section 02730.3.E.1, or (3) the pipe has visible defects such as open joints, pinched gaskets, cracked barrels or bells, or similar defects. Correct any deficiencies and re-inspect using a television camera. Sanitary sewer service lines may be subject to the same television inspection requirements as sanitary sewer mains at the discretion of the Engineer and Owner. 2. As with all other testing, the cost for televising the sewer line for final acceptance will be considered incidental to the Contractor's bid price per lineal foot of pipe, and no additional payment will be made for such work. All costs incurred in any television inspection performed solely for the Contractor's benefit will be the ' responsibility of the Contractor. Add Section 02730.3.4.J. Hydrostatic and Leakage Testing for Force Mains 1. Perform hydrostatic and leakage testing in accordance with AWWA C600. Once the pipe is laid and backfilled, test for at least 2 hours, all newly laid pipe, or any valved section, at the highest point along the test section. Test to a hydrostatic pressure 2.0 times the normal operating pressure at the test point, but in no case ' less than a minimum gage pressure of 125 pounds per square inch (931 kPa) or greater than the pressure rating of the pipe being tested. ' 2. Slowly fill the pipe with water, purging all air, and apply the test pressure using a pump hooked up so that the pressure and leakage can be measured. To purge the pipe of air during the test, it is necessary to tap the pipe at its highest points if permanent air vents are not located at the high points. Use corporation stops for ' this purpose. Furnish the pump connections, gauges, stops, and all necessary apparatus for testing. ' 3. Disassemble and reassemble all joints showing leakage after thorough cleaning. Remove and replace all cracked or defective pipes or fittings discovered during ' the pressure test with sound material and repeat the test. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 33 OF 41 1 4. Conduct the leakage test concurrent with the pressure test for 2 hours. Leakage is defined as the quantity of water supplied into the pipe, or any valved section thereof, necessary to maintain pressure within 5 pounds per square inch of the pressure test after the pipe has been filled with water and purged of air. 5. The pipe installation will be rejected if the leakage exceeds that determined by the following formula: L = SD(P)'~2 - 133,200 allowable leaka e in allons er hour; S is the length of , In which L equals the g g P pipe being tested, in feet; D is the nominal diameter of the pipe being tested, in inches; and P is the average test pressure during the leakage test, in pounds per ' square inch gauge. Where the pipe being tested for leakage is thermally fused HDPE, the allowable leakage will be reduced to 25 percent of L, as calculated. 6. Should any test of pipe laid disclose leakage exceeding that specified above, locate and repair the defective joints until the leakage is within the specified allowance. 7. Conduct the pressure and leakage tests with the Engineer present. , SM-03210 REINFORCING STEEL ' Delete Section 03210.2.1.A and replace with the following. 1. Furnish deformed reinforcement steel meeting ASTM A615, (AASHTO M31) or , ASTM A705, Grade 60. Delete Section 03210.3.3.A and replace with the following. , A. Accurately place and hold firm all steel reinforcement in the plan locations, or as directed t d e concre by Engineer, as concrete is being placed. Thrusting dowels into freshly poure ' is prohibited. Delete Section 03210.3.3.C and replace with the following. ' C. Overlap welded wire fabric for successive mats or rolls providing an overlap measured between outermost cross wires of each fabric sheet not less than the greatest spacing of the cross wires plus 2 inches (50 mm) but not less than 6 inches (150 mm), whichever is , greater. Extend the fabric across supporting beams and walls to within 4 inches (100 mm) of concrete edges. It may extend through contraction joints. Adequately support the fabric during concrete placement to maintain its position in the slab using the methods , previously described or by laying the fabric on a concrete layer of the required depth before placing the upper slab layer. ' SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 34 OF 41 ' ' Delete Section 03210.3.3.G and replace with the following. 1 G. Follow the minimum concrete protective covering for reinforcement below, unless noted otherwise on the Drawings. SM-03310 STRUCTURAL CONCRETE Delete Section 03310.1.3.B and replace with the following. B. Employ, at the Contractor's expense, a testing laboratory acceptable to the Engineer to perform material evaluation tests, the mix design prior to placing any concrete, and all acceptance testing during the onsite placement of the concrete. Retesting or additional testing of concrete or materials failing to meet the requirements of these specifications must be done by the Contractor at no additional cost to the Owner. Amend the footnote for Table 2.2 in Section 03310.2.2.B.4 to read the following. *Air content tolerance is plus two percent (+2%) to minus one percent (-1%). Delete Section 03310.3.7.A.2.a and replace with the following. a. During each day's pour, check the consistency of the concrete by slump test. Also perform a slump test each time a test cylinder is made. Assure slump tests meet ASTM C 143 "Method of Test for the Slump of Portland Cement Concrete." Delete Section 03310.3.7.A.3.h and replace with the following. h. When concrete fails to meet the requirements above or when tests of field cured cylinders indicate deficiencies in protection and curing, the Contractor may order tests on the hardened concrete under Chapter 17.3 ofACI-301-84 or load tests in Chapter 20 of the ACI Building Code (ACI 318-83) for that portion of the structure where the questionable concrete has been placed. In the event the load or core tests also indicate that the structure is unsatisfactory, make all modifications as directed by the Engineer to make the structure sound. Delete Section 03310.3.7.A.4.a and replace with the following. a. During each strength test, check the air content by either ASTM C231 "Method of Test for Air Content of Freshly Mixed Concrete by the Pressure Method, ASTM C 173 "Method of Test for Air Content of Freshly Mixed Concrete by the Volumetric Method", or ASTM C138 "Method of Test for Unit Weight, Yield, and Air Content (Gravimetric) of Concrete." Add Sections 03310.4.2.A.2 and 3 2. Concrete producers are to allow access to their facilities by Owner or Owner's representative for inspecting their facilities and/or sampling materials. Assure all SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 35 OF 41 1 facilities meet the requirements of the "National Ready-Mix Concrete Association" check list for concrete production facilities. 3. Items directly affecting a facility's ability to properly proportion, transport, and , deliver concrete maybe reason for disqualifying that facility as a source of supply until such deficiencies are corrected. Examples would include cement , and aggregate scales that will not accurately weigh materials or mixer units which will not thoroughly mix concrete materials. Amend the note for Table 4.1 in Section 03310.4.2.D to read the following. , Note: The monthly reports indicated above will not be required during non-production months. Frequency of submittals may change as dictated by variations of test data. ' SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 36 OF 4I n [l MANHOLE RING & COVER, ADJUSTED FINISHED GRADE 22" ADJUSTABLE RINGS - MIN ~ 2" MIN, 12" MAX x 0 1, d- w J m a STEPS, 16" MAX ON CENTER h I 48" 12 MAX r CONCRETE ('TYP) I _ _ / SHELF A CWWNEL 1/2 ! OF PIPE ECCENTRIC MANHOLE CONE :~ RADIUS OF MANHOLE SLOPE SHELF AT 1 " PER 1' ~ SECTION A-A J v _ --_~ ~ DROP INLET, USE FOR DROP MANHOLE I;; I 3" CLEAR CONCRETE `' ~ ENCASEMENT ,; ~ ~ / - - - FLEXIBLE GASKET-~ t~A JOINT (TYP) 5'-4" NOTES: 1. ALL JOINTS BETWEEN MANHOLE SECTIONS, ADJUSTING RINGS, MANHOLE RING & TOP SECTION, AND AROUND PIPE INTO MANHOLE SHALL BE WATERTIGHT. 2. JOINTING MATERIAL SHALL BE "RAM-NEK" OR EQUAL FOR ALL JOINTS EXCEPT BETWEEN PIPE AND MANHOLE WALL. FLEXIBLE GASKETED JOINTS SHALL BE USED BETWEEN SEWER PIPE AND MANHOLE WALL. 3. CONCRETE BASE SHALL BE PRECAST OR POURED-IN-PLACE. MINIMUM THICKNESS FOR PRECAST BASE IS 6". MINIMUM THICKNESS FOR POURED-IN-PLACE BASE IS 8". REVISED: 12-3-07 SCALE: SANITARY SEWER MODIFIDRA NGNDARD GreatWest NONE AND STORM DRAIN N0.02720-3 engineering MANHOLE 1 0 J t WAGE RATES i Montana Prevailing Wage Rates ~~ ~ ~-. -~.. 1 MONTANA PREVAILING WAGE RATES FOR HEAVY AND HIGHWAY CONSTRUCTION ' 2008 Rates effective: July 78, 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, orcontact them at: ' Labor Standards Bureau Montana Department of Labor and Industry P. O. 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. LJ ~~ 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 and zone pay applicable to those occupations in which the work is being performed, as provided in the at- tached wage determinations. All Montana Prevailing Wage Rates are available on the Internet at: www mtwaee- hourbopa.com or by contacting the Labor Standards Bureau at (406) 444-5600. This publication provides general information concerning compliance with Mon- tana's Prevailing Wage Law and payment of prevailing wages. For detailed compli- ance information relating to Public Works projects and payment of prevailing wage rates, please consult the Regulations on the Internet at: www mtwagehourboPa. com or contact the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549. KEITH KELLY ' Commissioner Department of Labor and Industry State of Montana I I TABLE OF CONTENTS Montana Prevailing Wage Requirements: A. Date of Publication .......................................................................4 B. Definition of Heavy Construction ..... .......................................4 C. Definition of Highway Construction ................................4--5 D. Definition of Public Works Projects .. .......................................5 E. Prevailing Wage Schedule ................... .......................................5 F. Fringe Benefits ......................................... ...................................5-6 G. Apprentices .............................................. .......................................6 H. Posting Notice of Prevailing Wage ... .......................................6 I. Employment Preference ...................... .......................................7 J. Rates to use for Projects ....................... .......................................7 Heavy Construction Wage Rates .................. ................................ 8-20 Highway Construction Wage Rates ............. ..............................22-28 1 t i~ u 'I 1 'l 1 a A. Date of Publication: July 18, 2008 B. Definition of Heavy Construction 'The Administrative Rules of Montana (ARM) 24.17.501 (4) - (4)(a), Pub- lic Works Contracts For Construction Services Subject to Prevailing Rates, states that "Heavy construction projects include, but are not limited to, those ` ' projects that are not properly classified as either building construction , or `highway construction.' Heary construction projects include, but are not limited to, antenna tow- ers, bridges (major bridges designed for commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut-offs, chemical complexes or facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredging projects, electrification projects (outdoor), fish hatcheries, flood control projects, industrial incinerators (other than building), irrigation projects, jetties, kilns, land drainage (not incidental to other construction), land leveling (not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries (other than buildings), pipe lines, ponds, ' pumping stations (prefabricated drop-in units -not buildings), railroad con- struction, reservoirs, revetments, sewage collection and disposal lines, sewers (sanitary, storm, etc.), shoreline maintenance, ski tows, storage tanks, swim- ming pools (outdoor), subways (other than buildings), tipples, tunnels, unshel- tered piers and wharves, viaducts (other than highway), water mains, waterway construction, water supply lines (not incidental to building), water and sewage treatment plants (other than buildings) and wells." ' Federal Davis-Bacon wage rates as published in U.S. Department of Labor General Decision No. MT070001 Modification No. 7 have been adopted by the Montana Department of Labor and Industry for use in Heavy Construc- t tion projects and are included in this publication. "These rates apply statewide or as shown in MT070001 Modification No. 7. ii C. Definition of Highway Construction The Administrative Rules of Montana (ARM) 24.17.501 (3) - (3)(a), Pub- lic Works Contracts For Construction Services Subject to Prevailing Rates, states that "Highway construction projects include, but are not limited to, the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, and parking areas, bridges constructed or repaired in conjunction with highway work, and other similar projects not incidental to building construction or heavy construction:' 1 1 Highway construction projects include, but are not limited to, alleys, base courses, bituminous treatments, bridle paths, concrete pavement, curbs, excavation and embankment (for road construction), fencing (highway), grade crossing elimination (overpass or underpass), guard rails on highway, highway signs, highway bridges streets and highways, roadways, runways, shoulders, stabilizing courses, storm sewers incidental to road construction, street paving surface courses taxiways and trails. Federal Davis-Bacon wage rates as published in U.S. Department of Labor General Decision No. MT070002 Modification No. 2 have been adopted by the Montana Department of Labor and Industry for use in Heavy Construc- tion projects and are included in this publication. 'These rates apply statewide or as shown in MT070002 Modification No. 2. D. Definition of Public Works Projects The Montana Code Annotated (18-2-401 (] 1)(a)) defines "public works con- tract" as "a contract for construction services let by the state, county, munici- pality, school district, or political subdivision or for non construction services let by the state, county, municipality, or political subdivision is which the total cost of the contract is in excess of $25>000." E. Prevailing Wage Schedule This publication covers only Heary and Highway Construction occupations and rates in the specific localities mentioned herein. 'These rates will remain in effect until superseded by a more current publication. Current prevailing wage rates schedules for Building Construction 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. F. Fringe Benefits Section 18-2-412 of the Montana Code Annotated states that: "(1)... 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 Em- ployee Retirement Income Security Act of 1974 or that is a bona fide program approved by the United States Department of Labor; or 1 u A t 6 (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 appli- cable 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. Employers are obligated to pay the wage rates and fringes as listed in the book- let, including the zone hourly rate when applicable. For heavy and highway construction occupations, the vacation benefit amount is not included in the prevailing wage rate, unless stated otherwise. G A ti . ppren ces Wage rates for apprentices registered in approved federal or state apprentice- ship 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. H. 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. 1 7 1 I. Employment Preference Sections 18-2-403 and 18-2-409> Montana Code Annotated require contrac- tors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. J. Rates to Use for Projects Rates to be used on a public works project are those that are in effect at the time the project and bid specifications are advertised. 8 MONTANA STATEWIDE PREVAILING DAVIS-BACON Rates Effective: July 18, 2008 HEAVY CONSTRUCTION WAGE RATES General Wage Determinations Issued Under the Davis-Bacon and Related Acts State: Montana Construction Types: Heavy Counties: Montana Statewide 9 HEAVY CONSTRUCTION PROJECTS ZONE DEFINITIONS CARPENTERS, *CEMENT MASONS, LABORERS, AND TRUCK DRIVERS The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Court House of the following listed towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HAVRE, HELENA, KALISPELL, LEWISTOWN, MILES CITY, MISSOULA Zone 1: 0 to 30 miles -Base Pay Zone 2: 30 to 60 miles -Base Pay+ $2.95 Zone 3: Over 60 miles -Base Pay + $4.70 *CEMENT MASONS ZONES: The above cities plus DILLON, GLASGOW, GLENDIVE, SIDNEY CARP0028-002 05/01 /2007 Rates Fringes Carpenters: (Zone 1) Carpenter & Pilebuck $22.00 $8.40 Millwright $24.00 $8.40 10 CARP0028-004 06/01 /2006 Diver Tender Diver Rates Fringes $27.27 $7.80 $56.54 $7.80 DEPTH PAY (Surface Diving) 050 to 100 feet $2.00 per foot 101 to 150 feet $3.00 per foot 151 to 220 feet $4.00 per foot 221 ft & deeper $5.00 per foot ELE00044-001 06/01 /2006 BEAVERHEAD, BIG HORN, BLAINE, BROADWATER, CARBON, CARTER,CASCADE, CHOUTEAU, CUSTER, DANIELS, DAWSON, DEER LODGE, FALCON, FERGUS, GALLATIN, GARFIELD, GLACIER, GOLDEN VALLEY, GRANITE,HILL, JEFFERSON, JUDITH, BASIN, LEWIS AND CLARK, LIBERTY, MADISON, MCCONE, MEAGHER, MINERAL, MISSOULA, MUSSELSHELL, PARK, PETROLEUM, PHILLIPS, PONDERA, POWDER RIVER, POWELL, PRAIRIE, RAVALLI, RICHLAND, ROOSEVELT, ROSEBUD, SHERIDAN, SILVER BOW, STILWATER, SWEET GRASS, TETON, TOOLE, TREASURE, VALLEY, WHEATLAND, WIBAUX, AND YELLOWSTONE COUNTIES Rates Fringes Line Construction (1) Lineman $29.60 $4.75%+10.36 (2) Equipment Operator $22.69 $4.75%+10.36 (3) Experienced Groundman $18.44 $4.75%+10.36 11 *ELEC0233-001 06/01 /2007 BLAINE, BROADWATER, CASCADE, CHOUTEAU, FERGUS, GLACIER, HILL, JUDITH BASIN, LEWIS & CLARK, LIBERTY, MEAGHER, PETROLEUM, PHILLIPS, PONDERA,TETON, VALLEY, AND WHEATLAND COUNTIES Rates Fringes Electrician $26.06 $4.25%+8.55 ~ELEC0233-002 08/01 /2007 BEAVERHEAD, DEER LODGE, GRANITE, JEFFERSON, MADISON, POWELL, AND SILVER BOW COUNTIES Electrician Rates Fringes $25.50 $4.25%+9.20 ELEC0532-001 06/01 /2007 GALLATIN, PARK, AND SWEET GRASS COUNTIES Rates Fringes Electrician $25.14 $4.25%+8.40 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 12 ELEC0532-003 06/01 /2007 BIG HORN, CARBON, CARTER, CUSTER, DANIELS, DAWSON, FALCON, GARFIELD, GOLDEN VALLEY, MCCONE, MUSSELSHELL, POWDER RIVER, PRAIRIE, RICHLAND, ROOSEVELT, ROSEBUD, SHERIDAN, STILLWATER, TREASURE, WIBAUX AND YELLOWSTONE COUNTIES Rates Fringes Electrician $26.83 $4.25%+9.14 ELEC0768-001 03/01 /2007 FLATHEAD, LAKE, LINCOLN, MINERAL, MISSOULA, RAVALLI, AND SANDERS COUNTIES Electrician ELEC0768-003 12/01 /2005 FLATHEAD, LAKE, AND LINCOLN COUNTIES Rates Fringes $26.43 $10.25 Rates Fringes Line Construction (1) Cable Splicer $32.32 $11.48 (2) Lineman $29.75 $11.27 (3) Groundman $18.18 $10.36 (4) Line Equipment Operator $22.55 $10.75 (5) Pole Sprayer $23.48 $10.82 (6)TreeTrimmer $24.37 $10.97 (7) Utility Locator $16.03 $4.50 13 ENG10400-001 05/01 /2007 Rates Fringes Power Equipment Operator (Zone 1) Group 1 $21.52 $8.55 Group 2 $21.99 $8.55 Group 3 $22.39 $8.55 Group 4 $23.05 $8.55 Group 5 $23.55 $8.55 Group 6 $24.65 $8.55 Group 7 $25.15 $8.55 ZONE DEFINITIONS FOR POWER EQUIPMENT OPERATORS: The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Court House of the following listed towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL, MISSOULA Zone 1: 0 to 30 miles -Base Pay Zone 2: 30 to 60 miles -Base Pay + $3.30 Zone 3: Over 60 miles -Base Pay + $5.30 POWER EQUIPMENT OPERATORS CLASSIFICATIONS , GROUP 1: Air Compressor; Auto Fine Grader; Belt Finishing Machine; Boring Machine, small; Cement Silo; Crane, A-FrameTruck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-end Loader under 1 cu yd; Heavy Duty Drills; Herman Nelson Heater; Mulching Machine; Oiler, all except Cranes. & Shovels; Pumpman. t 1 GROUP 2: 14 Air Doctor; Backhoe/Excavator/Shovel to and including 3 cu yd; Bit Grinder; Bituminous Paving Travel Plant; Boring Machine, large; Broom, self-propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push & Side ' Boom; Elevating Grader/Gradall; Field Equipment Serviceman; Front- end Loader 1 cu yd to including 5 cu yd; Grade Setter; Heavy Duty Drills, all types; Hoist/Tugger, all; Hydralift & similar; Industrial Locomotive; Motor Patrol, except Finish; Mountain Skidder; Oiler -Cranes & Shovels; Pavement Breaker, EMSCO; Power Saw, self-propelled; Pugmill; Pumpcrete/Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot,self- propelled; Roller, 25 tons and over; Ross Carrier; Rotomill under 6 ft; Trenching Machine; Washing/Screening Plant. [~ 1 1 C ~~ GROUP 3: Asphalt Paving Machine; Asphalt Screed; Backhoe/Excavator/Shovel over 3 cu yd; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine/Slip Form Paver; Finish Dozer; Front-end Loader over 5 cu yd; Mechanic/V1/elder; Pioneer Dozer; Roller, Asphalt (Breakdown & Finish); Rotomill, over 6 ft; Scraper, single, twin, or pulling Belly Dump; Yo-Yo Cat. GROUP 4: Asphalt/Hot Plant Operator; Cranes, 25 tons to 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. GROUP 5: Cranes, 45 tons to including 74 tons; Crane, Tower, all. GROUP 6: Cranes, 75 tons to including 149 tons; Crane, Whirley, all. GROUP 7: Cranes, 150 tons to including 250 tons (add $1.00 for every 100 tons over 250 tons); Crane, Stiff-Leg or Derrick; Helicopter Hoist. 15 IRON0014-002 07/07 /2006 FLATHEAD, GLACIER, LAKE, LINCOLN, MINERAL, MISSOULA, AND SANDERS COUNTIES Ironworker IRON0841-002 07/01/2005 REMAINING COUNTIES Rates Fringes $23.17 $14.70 Rates Fringes Ironworker $20.45 $12.76 LAB00098-001 05/01 /2005 Rates Fringes Laborers: (Zone 1) Group 1 $15.17 $5.90 Group 2 $17.99 $5.90 Group 3 $18.13 $5.90 Group 4 $18.85 $5.90 LABORERS CLASSIFICATIONS: GROUP 1: Flagperson GROUP 2: All General Labor work; Burning Bar; Bucket man; Carpenter Tender; ' Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-Lay Down; Crusher and Batch worker; Fence Erector; Form Setter; Form Stripper; HeaterTender; Landscaper; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sealants for concrete and other materials; Sign Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman; ' Tail Hoseman;Tool Checker and Houseman; Traffic Control worker. GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker); Laser Equipment; Non-Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power; Tampers; Creosote Handler GROUP 4: Asphalt Raker; Asbestos Laborer; Cutting Torch; Grade Setter; Hazmat Worker; High- Scaler; Power Saws (Faller & Concrete); Powderman ($1.00 per hourabove Group 4 rate); Rock & Core Drill; TanWVessel Cleaner;Track orTruck mounted Wagon Drill; Welder including Air Arc PAIN0260-001 07/01 /2002 BLAINE, BROADWATER, CASCADE, CHOUTEAU, DANIELS, FERGUS, GARFIELD, GLACIER, GRANITE (South of a line running East & West through the Southern city limits of Phillipsburg), HILL, JEFFERSON, JUDITH BASIN, LEWIS AND CLARK, LIBERTY, MCCONE, MEAGHER, PETROLEUM, PHILLIPS, PONDERA, POWELL (South of a line running East & West through the Southern City limits of Helmsville), RICHLAND, ROOSEVELT, SHERIDAN, TETON,TOOLE,VALLEY,AND WHEATLANDCOUNTIES Rates Fringes Painter $13.85 $1%+3.45 17 PAIN0260-002 07/07 /2002 FLATHEAD, GRANITE (North of a line running East & West through the Southern city limits of Phillipsburg), LAKE, LINCOLN, MINERAL, MISSOULA, POWELL (North of a line running East & West through the Southern city limits of Helmsville), RAVALLI, AND SANDERS COUNTIES Rates Fringes Painter $16.85 $1%+3.45 PAIN 7 922-001 06/01 /2001 BEAVERHEAD, BIG HORN, CARBON, CARTER, CUSTER, DAWSON, DEERLODGE, FALCON, GALLATIN, GOLDEN VALLEY, JEFFERSON, MADISON, MUSSELSHELL, PARK, POWDER RIVER, PRAIRIE, ROSEBUD, SILVER BOW, STILLWATER, SWEET GRASS,TREASURE, WIBAUX, AND YELLOWSTONE COUNTIES Rates Fringes Painter $17.80 $7.63 (Industrial, includes industrial plants, tanks, pipes, bridges) PLA50119-001 05/01 /2005 STATEWIDE (except Deer Lodge, Jefferson, Powell, and Silver Bow Counties) Rates Fringes Cement Masons: (Zone 1) Area 1 $17.71 $6.20 Area 2 $18.82 $6.20 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 18 AREA 1: STATEWIDE (except Deer Lodge, Jefferson, Powell, and Silver Bow Counties) AREA 2: DEER LODGE, JEFFERSON, POWELL, AND SILVER BOW COUNTIES *PLUM0030-003 09/01/2007 BIGHORN, BLAINE, CARBON, CARTER, CASCADE, CHOUTEAU, CUSTER, DANIELS, DAWSON, FALCON, FERGUS, GARFIELD, GLACIER, GOLDEN VALLEY, HILL, JUDITH BASIN, LIBERTY, MCCONE, MEAGHER, MUSSELSHELL, PETROLEUM, PHILLIPS, PONDERA, POWDER RIVER, PRAIRIE. RICHLAND, ROOSEVELT, ROSEBUD, SHERIDAN, STILLWATER,TETON,TOOLE,TREASURE, VALLEY, WHEATLAND, WIBAUX AND YELLOWSTONE COUNTIES Rates Fringes Plumber Commercial Industrial -Power $26.05 $12.65 Generating Plants $28.40 512.65 PLUM0041-001 07/01 /2007 BEAVERHEAD, BROADWATER, DEER LODGE, GALLATIN, GRANITE, JEFFERSON, LEWIS AND CLARK, MADISON, PARK, POWELL, SILVER BOW, AND SWEET GRASS COUNTIES Plumber Rates Fringes $26.25 $10.50 19 PLUM0459-001 05/01 /2007 FLATHEAD, GLACIER, LAKE, LINCOLN, MINERAL, MISSOULA, RAVALLI, AND SANDERS Rates Fringes Plumber $25.21 $10.80 TEAM0002-001 06/01 /2004 Rates Fringes Truck drivers: (Zone 1) Group 1 $14.14 $5.92 Group 2 $18.84 $5.92 TRUCK DRIVERS CLASSIFICATIONS: GROUP 1: Pilot Car GROUP 2: All Combination Trucks and Concrete Mixers; Distributor Driver; All Dry Batch Trucks; Dumpman, Gravel Spreader Box Operator; All Dump Trucks and similar equipment including DW 20, DW 21, or Euclid Tractor; Dumpsters; Flat Trucks; Servicemen; Lowboys, Four- WheelTrailers; Float Semi-Trailer; Lumber Carriers, Lift Trucks & Fork Lifts; Pick-up Driver hauling material; Powder Truck (Bulk Unloader type); Power Boom; Service Truck Dirvers, Fuel Truck Drivers, Tiremen; All WaterTank Drivers; Petroleum Products Drivers; Trucks with Power Equipment such as Winch, A-Frame Truck, Crane, Hydralift, Gout-CreteTruck, and Combination Mulching, Seeding & Fertilizing Truck; Truck Mechanic WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental. t 1 1 1 1 1 1 1 1 1 1 1 20 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU"designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION 1 1 1 21 MONTANA STATEWIDE PREVAILING DAVIS-BACON Rates Effective: July 18, 2008 HIGHWAY CONSTRUCTION WAGE RATES General Wage Determinations Issued Under the Davis-Bacon and Related Acts State: Montana Construction Types: Highway Counties: Montana Statewide 22 HIGHWAY CONSTRUCTION PROJECTS **ZONE PAY** CARPENTERS, CEMENTS MASONS, IRON WORKERS, LABORERS, POWER EQUIPMENT OPERATORS,TRUCK DRIVERS The hourly wage rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Court House of the following towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HAVRE, HELENA, KALISPELL, LEWISTOWN, MILES CITY, MISSOULA ZONE 1: 0 to 30 miles -Free ZONE 2: 30 to 60 miles -Base Pay +$2.50 ZONE 3: Over 60 miles -Base Pay + $4.00 Rates Fringes Carpenters: Carpenter, Piledriverman $21.64 $8.85 Millwright $23.64 $8.85 Rates Fringes Cement Mason: $20.36 $8.50 Rates fringes Electricians: Area 1 $18.74 $2.93+3.8% Area 2 $20.13 $4.76+3.8% Area 3 $19.98 $3.44+3.8% Area 4 $19.84 $3.51+3.8% Area 5 $20.54 $3.54+3.8% Area 6 $18.02 $3.44+3.8% 23 ELECTRICIANS AREA DESCRIPTIONS AREA 1: Beaverhead, Deer Lodge, Granite, Jefferson, Madison, Silver Bow, and Powell Counties AREA 2: Big Horn, Carbon, Carter, Custer, Dawson, Fallon, Garfield, Golden Valley, Musselshell, Powder River, Prairie, Rosebud, Stillwater, Treasure, Wibaux, and Yellowstone Counties AREA 3: Blaine, Cascade, Chouteau, Daniels, Fergus, Glacier, Hill, Judith Basin, Liberty, McCone, Petroleum, Ponders, Phillips, Richland, Roosevelt, Sheridan, Teton, Toole, Valley, and Wheatland Counties AREA 4: Broadwater, Lewis and Clark, and Meagher Counties AREA 5: Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders Counties AREA 6: Gallatin, Park, and Sweet Grass Counties Rates Fringes Ironworker: Flathead, Glacier, Lake, Lincoln, Mineral, Missoula, and Sanders $24.80 $13.71 Remaining Counties $23.15 $13.71 24 Rates Fringes Laborers: Group 1 $16.37 $6.75 Group 2 $19.07 $6.75 Group 3 $19.26 $6.75 Group 4 $20.13 $6.75 LABORERS CLASSIFICATIONS: GROUP 1: Flag person GROUP 2: All General Labor work; Burning Bar; Bucket man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); ChuckTender; Choker Setter; Concrete worker; Curb Machine-Lay Down; Crusher and Batch Plant Worker; Fence Erector; Form Setter; Form Stripper; Heater Tender; Landscaper; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sealants for Concrete and other materials; Sign Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman; Tail Hoseman;Tool Checker and Houseman; Traffic Control Worker GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzlemen; Jackhammer (Pavement Breaker); Laser equipment; Non-riding Rollers; Pipelayer; Posthole Digger (power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-power; Tampers GROUP 4: Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete); Powderman ($1.00 per hour above Group 4 rate); Rock & Core Drill; Track orTruck-Mounted Wagon Drill; Welder including Air Arc 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 25 Rates Fringes Line Construction: Equipment Operator $19.16 $5.05 Groundman $15.40 $5.05 Rates Fringes Painters: $23.00 $8.00 Pavement Marking/Milling and related work. Includes operating marking and all other equipment and all work involved in traffic marking including removal, surface preparation and application of pavement markings including epoxies, paints, tape, buttons, thermo- plasticsand any other products applied for traffic marking purposes and for directing and regulating traffic, and cutting Rumble Strips Rates Fringes Power Equipment Operator: Group 1 $20.52 $8.00 Group 2 $22.48 $8.00 Group 3 $23.31 $8.00 Group 4 $23.98 $8.00 Group 5 $25.28 $8.00 Group 6 $25.94 $8.00 Group 7 $27.97 $8.00 POWER EQUIPMENT OPERATORS CLASSIFICATIONS: GROUP 1: A-Frame Truck Crane; Air Compressor; Auto Fine Grader; Belt Finishing Machine; Boring Machine (small); Cement Silo, Crane; Crusher Conveyor, DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form-Grader; Front-end Loader under 1 cu yd; Oiler, Heavy Duty Drills; Pumpman; Oiler (All, except Cranes and Shovels) I 26 1 GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to & incl 3 cu yd Bit Grinder; Bituminous Paving Travel Plant; Boring Machine, large: Broom, Self- Propelled; Concrete Bucket Dispatcher; Concrete Conveyor; Concrete I Finish Machine; Concrete Float and Spreader; Concrete Travel Batcher; Distributor; Dozer, Rubber tired, Push, and Side Boom; Drills, Heavy Duty (all types); Elevating Grader/Gradall; Field Equipment I Serviceman; Front-end Loader 1 cu yd to and incl. 5 cu yd; Grade Setter; Hoist/Tugger (All Hydralift & Similar); Industrial Locomotive; Motor Patrol (Except Finish); Mountain Skidder; Oiler, Cranes & I Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumpcrete/Grout Machine; Punch Truck; Rollers (All except Asphalt Finish and Breakdown); Ross Carrier; Rotomill under 6 ft; Trenching Machine; Washing/Screening Plant I GROUP 3: Asphalt Finish Roller; Asphalt Breakdown Roller; Asphalt Paving ' Machine; Backhoe/Excavator/Shovel larger than 3 cu yd; Asphalt Screed; Concrete Batch Plant; Cableway Highline; Concrete Curing Machine; Cranes, 24 tons & under; Cranes, Creter; Cranes, Electric I Overhead; Concrete Pump; Curb Machine/Slip Form Paver; Finish Dozer; Mechanic/Welder; Pioneer Dozer; Rotomill 6 ft and over; Scraper, Single Engine; ScraperTwin or pulling Belly Dump; Yo Yo Cat Front-end Loader over 5 cu yd; I GROUP 4: ' Asphalt/Hot Plant Operator; Cranes, 25 tons to 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper SPECIAL OPERATORS I : GROUP 5: Cranes, 45 tons to and including 74 tons I GROUP 6: Cranes, 75 tons to and including 149 tons I GROUP 7: I Cranes, 150 tons to and including 250 tons; Cranes over 250 tons: add $1.00 for every 100 tons over 250 tons; Crane, Stiff-Leg or Derrick; Crane,Tower all); Crane, Whirley (all); Helicopter Hoist I L 27 Rates Fringes Truck drivers: Group 1 $17.76 $7.75 Group 2 $22.73 $7.75 GROUP 1: Pilot Car GROUP 2: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; DumpTrucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; ServiceTruck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks Welders: Receive rate prescribed for craft performing operation to which welding is incidental. ' Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). it In the listing above, the"SU"designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION 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 mtwagehour opa.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. 1 1 ~ DIVISION 1 1 ~ GENERAL REQUIREMENTS n ii 0 1 J JII r n 0 i~ 1 1 SECTION 01041 ' PROJECT COORDINATION PART 1 -GENERAL 1. l RELATED DOCUMENTS A. Drawings and Special Provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: 1. Preconstruction Conference 2. General project coordination procedures. 3. Conservation. 4. Coordination Drawings. 5. Administrative and supervisory personnel. 6. Project meetings. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section "Construction Progress Documentation" for preparing and submitting the Contractor's Construction Schedule. 2. Division 1 Section "Execution Requirements" for procedures for coordinating general installation and field-engineering services, including establishment of ' benchmarks and control points. 3. Division 1 Section "Contract Closeout" for coordinating Contract closeout. 1.3 COORDINATION A. Coordination: Coordinate construction operations included in various Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections, that depend on each other for proper installation, connection, and operation. 1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components with other contractors to ensure maximum accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. B. If necessary, prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. 1. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required. 1 SECTION 01041 PROJECT COORDINATION PAGE 1 OF 4 C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other contractors to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Preparation of Contractor's Construction Schedule. 2. Installation and removal of temporary facilities and controls. 3. Delivery and processing of submittals. 4. Progress meetings. 5. Preconstruction conferences. 6. Project closeout activities. D. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. 1. Salvage materials and equipment involved in performance of, but not actually incorporated into, the Work. a. All material salvaged in the project shall become the property of Owner unless otherwise specified. Material identified as salvage shall be delivered by the Contractor to a suitable storage location as directed by the Engineer. ii 1.4 SUBMITTALS 1.5 A. Staff Names: At the Preconstruction conference submit a list of principal staff assignments, including superintendent and other personnel in attendance at Project site. Identify individuals and their duties and responsibilities; list addresses and telephone numbers, including home and office telephone numbers. Provide names, addresses, and telephone numbers of individuals assigned as standbys in the absence of individuals assigned to Project. 1. Post copies of list in Project meeting room, in temporary field office, and by each temporary telephone. ADMINISTRATNE AND SUPERVISORY PERSONNEL A. General: In addition to Project superintendent, provide other administrative and supervisory personnel as required for proper performance of the Work. it 1.6 PROJECT MEETINGS 1 A. General: The Engineer will schedule and conduct meetings and conferences at Project site, unless otherwise indicated. 1. Attendees: Contractor shall inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. 2. Agenda: The Engineer will prepare the meeting agenda. Distribute the agenda to all invited attendees. 3. Minutes: Contractor, Engineer and Owner shall record significant discussions and agreements achieved. All parties shall distribute the meeting minutes to everyone concerned, including Owner and Engineer, within 3 days of the meeting. B. Preconstruction Conference: The Engineer will schedule a preconstruction conference before starting construction, at a time convenient to Owner and Engineer, but no later than IS days after execution of the Agreement. The conference will be at Project site or SECTION 01041 PROJECT COORDINATION PAGE 2 OF 4 i~ 1 1 ~I 1 another convenient location. The meeting will review responsibilities and personnel assignments. I. Attendees: Authorized representatives of Owner, Engineer, and their consultants; Contractor and its superintendent. The Contractor shall be responsible for ensuring that all major subcontractors; manufacturers; suppliers; and other concerned parties attend the conference. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Contractor shall bring a written, detailed construction schedule to the preconstruction conference. 3. Agenda: Discuss items of significance that could affect progress, including the following: a. Tentative construction schedule. b. Phasing. c. Critical work sequencing. d. Designation of responsible personnel. e. Subcontractor list f. Testing Responsibilities g. Traffic Control h. Procedures for processing field decisions and Change Orders. i. Procedures for processing Applications for Payment. j. Distribution of the Contract Documents. k. Submittal procedures. 1. Preparation of Record Documents. m. Use of the premises. n. Responsibility for temporary facilities and controls. o. Office, work, and storage areas. p. Delivery and storage of materials and equipment. q. Security. r. Progress cleaning. s. Working hours. t. Specific TSEP, SRF, RUS, EPA AND DRNC requirements. u. Specific County requirements. v. Montana DEQ requirements. w. Railroad requirements and issues. x. Coordination with private land owners. C. Progress Meetings: Engineer will conduct progress meetings at regular intervals. 1. Attendees: In addition to representatives of Owner and Engineer, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's Construction Schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to SECTION 01041 PROJECT COORDINATION PAGE 3 OF 4 h e ensure that current and subsequent activities will be completed within t Contract Time. b. Review present and future needs of each entity present, including the follow- ing: 1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Off-site fabrication. 6) Access. 7) Site utilization. 8) Temporary facilities and controls. 9) Work hours. 10) Hazards and risks. 11) Progress cleaning. 12) Quality and work standards. 13) Change Orders. 14) Documentation of information for payment requests. i ng 3. Reporting: Engineer, Owner and Contractor shall distribute minutes of the meet to each party present and to parties who should have been present. Include a brief summary, in narrative form, of progress since the previous meeting and report. a. Schedule Updating: Contractor shall revise Construction Schedule after each progress meeting where revisions to the schedule have been made or recog- nized. Issue revised schedule concurrently with the report of each meeting. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION (Not Used) END OF SECTION SECTION 01041 PROJECT COORDINATION PAGE 4 OF 4 SECTION 01250 CONTRACT MODIFICATION PROCEDURES PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and Special Provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for handling and processing Contract modifications. B. Related Sections include the following: 1. Division 1 Section "Measurement and Payment" for administrative requirements. 2. Division 1 Section "Product Requirements" for administrative procedures for handling requests for substitutions made after Contract award. 1.3 VARIATIONS IN WORK ' A. Engineer will issue a Field Order authorizing variations in Work, not involving adjustment to the Contract Sum or the Contract Time. The Field Order will be completed on EJCDC No. C-942 (2002 Edition). 1.4 PROPOSAL REQUESTS A. Owner-Initiated Proposal Requests: Engineer will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. 1. Proposal Requests issued by Engineer are for information only. Do not consider them instructions either to stop work in progress or to execute the proposed change. 2. Within time specified in Proposal Request, after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change. a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. c. Include an updated Contractor's Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. ' SECTION 01250 CONTRACT MODIFICATION PROCEDURES ' PAGE I OF 2 B. Contractor-Initiated Proposals: If latent or unforeseen conditions require modifications to the Contract, Contractor may propose changes by submitting a request for a change to Engineer. 1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. 2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. 3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 4. Include an updated Contractor's Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. 5. Comply with requirements in Division 1 Section "Product Requirements" if the proposed change requires substitution of one product or system for product or system specified. 1.5 CHANGE ORDER PROCEDURES A. On Owner's approval of a Proposal Request, Engineer will issue a Change Order for signatures of Owner and Contractor on EJCDC No. C-94I (2002 Edition). 1.6 WORK CHANGE DIRECTNE A. Work Change Directive: Engineer may issue a Work Change Directive on EJCDC C-940 (2002 Edition). Work Change Directive instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. I. Work Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time. B. Documentation: Maintain detailed records on a time and material basis of work required by the Work Change Directive. I. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION (Not Used) END OF SECTION SECTION 01250 CONTRACT MODIFICATION PROCEDURES PAGE 2 OF 2 1 i SECTION 01275 ' MEASUREMENT AND PAYMENT PART 1 -GENERAL L 1 RELATED DOCUMENTS A. Drawings and Special Provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for measurement and payment. 1.3 DEFINITIONS A. Unit price is an amount proposed by bidders, stated on the Bid Form, as a price per unit of measurement for materials or services added to or deducted from the Contract Sum by appropriate modification, if estimated quantities of Work required by the Contract Documents are increased or decreased. ' 1.4 PROCEDURES A. Unit prices include all necessary material, plus cost for delivery, installation, insurance, overhead, and profit. B. Measurement and Payment: The Measurement and Payment sections do not necessarily name all incidental items required to complete the work. The cost of all such incidentals shall be included in the various related items of work. All estimated quantities stipulated in the Bid Forms or other Contract Documents are approximate and are to be used only as a basis for estimating the probable cost of the work and for the purpose of comparing the proposals submitted for the work. It is understood and agreed that the actual amounts of work performed and materials furnished under unit price items may differ from such estimated quantities and the payment for such work and materials shall be based on the actual amount of work done and materials furnished in each case. C. Engineer will determine the actual quantities and classifications of Unit Price Work performed by the Contractor. D. List of Bid Items: A list of unit Bid Items is included at the end of this Section. ' Specification Sections referenced in the schedule contain requirements for materials described under each Bid Item. PART 2 -PRODUCTS (Not Used) SECTION 01275 MEASUREMENT AND PAYMENT PAGE 1 OF 6 PART 3 -EXECUTION 3.1 LIST BID ITEMS A. Bid Item No. 1 -MOBILIZATION: 1. Description: This item shall cover the costs of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for the establishment of all facilities necessary for the work on the project; for the costs of obtaining the required permits, bonds, and insurance; and for all other work and operations which must be performed, or costs incurred prior to beginning work on the various items of the project. This bid item shall not exceed 10% of the total base bid amount. 2. Unit of Measurement: Lump Sum. 3. Measurement: When the percentage of the original Contract amount for each Unit shown below is earned, the percentage of the Contract Lump Sum price for MOBILIZATION shown below will be paid. Percentage of Original Contract Amount In-Place 5 10 25 65 90 100 Percentage of Lumn Sum Price for Mobilization Earned 20 50 60 75 90 100 4. Payment: Payment for MOBILIZATION will be made on the percentage of the contract unit price bid per lump sum as indicated in the Bid Form. B. Bid Item No. 2- EXCAVATE, HAUL, AND PLACE NATIVE ET SOIL MATERIAL: 1. Description: This item consists of excavating native ET soil material from the designated borrow area shown on the plans and placing 5 feet of material over the existing intermediate cover, to the lines and grades shown on the plans. Costs for the excavation of this material shall be in this Bid Item. 2. Work Required: Work required under this section shall include but not be limited to the following: a. Excavate, haul and place stockpiled soil; b. Placing material in 18-inch minimum lifts per section 02300; c. Insuring that layer does not exceed 85% of standard proctor density; d. Final grading before installation of topsoil; e. Additional staking as necessary; f. All labor, tools, equipment, materials, royalties and incidentals required to complete the work as specified. 3. Unit of Measurement: Lump Sum 4. Measurement: Measurement for EXCAVATE, HAUL AND PLACE NATIVE SOIL ET LAYER MATERIAL will be by lump sum. 5. Payment: Payment for EXCAVATE, HAUL AND PLACE NATIVE SOIL ET LAYER MATERIAL will be made at the contract lump sum bid as indicated in the Bid Form. SECTION 01275 MEASUREMENT AND PAYMENT PAGE 2 OF 6 1 L' J t 1 1 it 1 1 C. Bid Items No. 3 -EXCAVATE, HAUL AND PLACE NATIVE TOPSOIL & COMPOST: 1. Description: This bid item includes stripping 12-inches of topsoil from the borrow area shown on the Plans stockpiling it and placing 6-inches of topsoil over the entire ET soil cover layer (see Bid Item #2) area and borrow area. This item shall comply with Section 02300 of the Technical Specifications. The contractor will also augment the topsoil layer with a 2 inch depth of compost obtained from the City's stockpile on-site. 2. Work Required: Work required under this section shall include but not be limited to the following: a. Excavate stockpile, haul and place topsoil and compost where required; b. Final grading and cleanup; c. All labor, tools, equipment, materials, royalties and incidentals required to complete the work as specified. 3. Unit of Measurement: Lump Sum. 4. Measurement: Measurement for EXCAVATE, HAUL AND PLACE NATIVE TOPSOIL & COMPOST will be by lump sum. 5. Payment: Payment for EXCAVATE, HAUL AND PLACE NATIVE TOPSOIL & COMPOST will be made at the contract lump sum bid as indicated in the Bid Form. D. Bid Items No. 4 -LEACHATE CLEANOUT EXTENSIONS 1. Description: This item consists of extending leachate collection piping and cleanouts at the existing cleanout locations shown on the Plans. The item shall meet the requirements of Section 02627 of the Technical Specifications and Section 02221 of the MPW Specifications. 2. Work Required: Work required under this section shall include but not be limited to the following: a. Providing piping, fittings, submittals; b. Furnishing and installing HDPE piping and fittings; c. Furnishing and installing cleanouts; d. Providing compacted Type A backfill of leachate cleanout trenches; e. Additional staking as necessary; f. All labor, tools, equipment, materials, royalties and incidentals required to complete the work as specified. 3. Unit of Measurement: Lump Sum. 4. Measurement: Measurement for LEACHATE CLEANOUT EXTENSIONS will be by the lump sum. 5. Payment: Payment for LEACHATE CLEANOUT EXTENSIONS will be made at the contract lump sum bid as indicated in the Bid Form. E. Bid Item No. 5- SEEDING AND FERTILIZING: 1. Description: This item includes seeding all disturbed areas with an approved seed mixture and spreading method. Areas to receive seed include the entire ET cover system area and borrow area. This item shall meet the requirements of Section 02925 of the Technical Specifications. 2. Work Required: Work required under this section shall include but not be limited to the following: a. Preparing area to be seeded; b. Furnishing and spreading approved seed mixture; c. Furnishing and spreading approved fertilizer mixture; d. Providing one-year warranty on seeding; SECTION 01275 MEASUREMENT AND PAYMENT PAGE 3 OF G e. All labor, tools, equipment, materials, royalties and incidentals required to complete the work as specified. 3. Unit of Measurement: Lump Sum. 4. Measurement: Measurement for SEEDING AND FERTILIZING will be made by lump sum. 5. Payment: Payment for SEEDING AND FERTILIZING will be made at the contract lump sum bid as indicated in the Bid Form. F. Bid Item No. 6 -RECLAIMING BORROW AREA: 1. Description: This item includes grading borrow area to the grades shown on the plans. Spreading 6" topsoil over borrow area (see Bid Item # 3), and seeding all disturbed areas with an approved seed mixture and spreading method. The borrow area topsoil layer will also be augmented with compost from the City's stockpile. 2. Work Required: Work required under this section shall include but not be limited to the following: a. Final grading and cleanup of borrow area; b. Placing 6" topsoil; c. Preparing area to be seeded; d. Seed area in accordance with Bid Item #5; e. All labor, tools, equipment, materials, royalties, and incidentals necessary to complete the work as specified. 3. Unit of Measurement: Lump Sum. 4. Measurement: Measurement for RECLAIMING BORROW AREA will be made by lump sum 5. Payment: Payment for RECLAIMING BORROW AREA will be made at the contract lump sum bid as indicated in the Bid Form. G. Bid Item No. 7 -EROSION CONTROL ROLLS: 1. Description: This item shall meet the requirements of the contract documents, general and supplemental conditions, Special Provisions, Technical Specifications, drawings, Standard Drawings, and referenced standards. This item shall consist of installing straw rolls in the areas indicated in the GENERAL PERMIT TO DISCHARGE STORM WATER ASSOCIATED WITH CONSTRUCTION ACTNITIES. A copy of the Erosion Control Plan is included in Appendix A. 2. Work Required: Work required under this section shall include but not be limited to the following: a. Site preparation; b. Signing and filing for the Construction Discharge Permit; c. Furnish and install straw rolls; d. Conduct operations in accordance with Surface Water Pollution Protection Plan in Appendix A. e. All labor, tools, equipment, materials, royalties and incidentals required to complete the Work as specified. 3. Unit of Measurement: Per Lineal Foot. 4. Measurement: Measurement for EROSION CONTROL STRAW ROLLS will be per lineal foot as indicated in the Bid Form. 5. Payment: Payment for EROSION CONTROL STRAW ROLLS will be made at the contract unit price bid per lineal foot as indicated in the Bid Form. SECTION 01275 MEASUREMENT AND PAYMENT PAGE 4 OF 6 1 n 1 1 t 1 t 1 it H. Bid Item No. 8 -LYSIMETER: 1. Description: This item includes excavating the 10'x15' area to the lines and grades shown on the plans. Installing the reinforced polypropylene, vertical, watertight, and free of wrinkles. Installing single sided geocomposite. Installing 4" schedule 40 PVC pipe and new 48" diameter concrete manhole. Placing 5 feet of ET layer in the sealed polypropylene with 6" of topsoil above the ET layer. 2. Work Required: Work required under this section shall include but not be limited to the following: a. Excavate 10'x15' area to lines and grades shown on plans; b. Installing watertight reinforced polypropylene; c. Walls of polypropylene shall be vertical; d. Floor of polypropylene shall be wrinkle free; e. Installing geocomposite; f. Installing bentonite per plans; g. Installing 4" Schedule 40 PVC; h. Installing 48" diameter concrete manhole; i. Placing ET material in 18-inch minimum lifts per section 02300; j. Insuring that ET layer does not exceed 85% of standard proctor density; k. Final grading before installation of topsoil; 1. Additional staking as necessary; m. Installation of topsoil per bid item #3; n. Seeding and fertilizing per bid item #5; o. All labor, tools, equipment, materials, royalties and incidentals required to complete the work as specified. 3. Unit of Measurement: Lump Sum. 4. Measurement: Measurement for LYSIMETER will be made by lump sum 5. Payment: Payment for LYSIMETER will be made at the contract lump sum bid as indicated in the Bid Form I. Bid Item No. 101-ADDITIVE ALTERNATE #1 EXCAVATE, HAUL AND PLACE FINAL COVER SYSTEM: 1. Description: This item consists of excavating and hauling native soil material from the excavation of the asbestos pit and placing 3 feet of material over the existing intermediate cover, to the lines and grades shown on the plans. The material will be obtained from a stockpile located northwest of the landfill shop. Costs for the excavation of this material shall be in this Bid Item. 2. Work Required: Work required under this section shall include but not be limited to the following: a. Excavate, haul and place stockpiled soil; b. Placing material in 18-inch minimum lifts per section 02300; c. Insuring that layer does not exceed 85% of standard proctor density; d. Final grading before installation of topsoil; e. Additional staking as necessary; £ All labor, tools, equipment, materials, royalties and incidentals required to complete the work as specified. 3. Unit of Measurement: Lump Sum 4. Measurement: Measurement for ADDITIVE ALTERNATE #1 EXCAVATE, HAUL AND PLACE NATIVE ET SOIL MATERIAL will be by lump sum. 5. Payment: Payment for ADDITIVE ALTERNATE #1 EXCAVATE, HAUL AND PLACE NATIVE ET SOIL MATERIAL will be made at the contract lump sum bid as indicated in the Bid Form. SECTION 01275 MEASUREMENT AND PAYMENT PAGE 5 OF 6 J. Bid Items No. 102 -ADDITIVE ALTERNATE #1 EXCAVATE, HAUL AND PLACE NATIVE TOPSOIL & COMPOST: 1. Description: This bid item includes placing 6-inches of topsoil over the entire ET asbestos pit (see Bid Item #101) area. The topsoil will be obtained from the stockpile located in the borrow area. This item shall comply with Section 02300 of the Technical Specifications. The contractor will also augment the topsoil layer with a 2 inch depth of compost obtained from the City's stockpile on-site. 2. Work Required: Work required under this section shall include but not be limited to the following: a. Excavate stockpile, haul and place topsoil and compost where required; b. Final grading and cleanup; c. All labor, tools, equipment, materials, royalties and incidentals required to complete the work as specified. 3. Unit of Measurement: Lump Sum. 4. Measurement: Measurement for ADDITNE ALTERNATE #1 EXCAVATE, HAUL AND PLACE NATIVE TOPSOIL & COMPOST will be by lump sum. 5. Payment: Payment for ADDITIVE ALTERNATE #1 EXCAVATE, HAUL AND PLACE NATNE TOPSOIL & COMPOST will be made at the contract lump sum bid as indicated in the Bid Form. K. Bid Item No. 103- ADDITIVE ALTERNATE #1 SEEDING AND FERTILIZING: 1. Description: This item includes seeding all disturbed areas with an approved seed mixture and spreading method. Areas to receive seed include the entire ET cover system area. This item shall meet the requirements of Section 02925 of the Technical Specifications. 2. Work Required: Work required under this section shall include but not be limited to the following: a. Preparing area to be seeded; b. Furnishing and spreading approved seed mixture; c. Furnishing and spreading approved fertilizer mixture; d. Providing one-year warranty on seeding; e. All labor, tools, equipment, materials, royalties and incidentals required to complete the work as specified. 3. Unit of Measurement: Lump Sum. 4. Measurement: Measurement for ADDITIVE ALTERNATE #1 SEEDING AND FERTILIZING will be made by lump sum. 5. Payment: Payment for ADDITIVE ALTERNATE #1 SEEDING AND FERTILIZING will be made at the contract lump sum bid as indicated in the Bid Form. END OF SECTION SECTION 01275 MEASUREMENT AND PAYMENT PAGE 6 OF 6 1 PART 1 -GENERAL 1. l RELATED DOCUMENTS SECTION 01290 PAYMENT PROCEDURES ' A. Drawings and Special Provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY 1 u J 1 A. This Section specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. B. Related Sections include the following: 1. Division 1 Section "Measurement and Payment" for administrative requirements governing use of unit prices. 2. Division 1 Section "Contract Modification Procedures" for administrative procedures for handling changes to the Contract. 3. Division 1 Section "Construction Progress Documentation" for administrative requirements governing preparation and submittal of Contractor's Construction Schedule and Submittals Schedule. 1.3 APPLICATIONS FOR PAYMENT A. Each Application for Payment shall be consistent with previous applications and payments as certified by Engineer and paid for by Owner. 1. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements. B. Payment Application Forms: EJCDC C-620 (2002 Edition) or Engineer approved equal. C. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Engineer will return incomplete applications without action. 1. Include amounts of Change Orders and Construction Change Directives issued before. last day of construction period covered by application. 2. Materials stored: 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. 3. Review all requests for payment with Resident Project Representative (RPR). Obtain concurrence of quantities with RPR prior to submitting request for payment to Engineer. D. Transmittal: Submit 3 signed and notarized original copies of each Application for Payment to Engineer by a method ensuring receipt within 24 hours. 1. One copy shall include waivers of lien and similar attachments if required. SECTION 01290 PAYMENT PROCEDURES PAGE 1 OF 3 2. 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. 3. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application. E. Submit final Application for Payment with or preceded by final waivers from every entity involved with performance of the Work covered by the application who is lawfully entitled to a lien. 1. Waiver Forms: Submit waivers of lien on forms, executed in a manner acceptable to Owner. F. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following: 1. List of subcontractors. 2. Contractor's Construction Schedule (preliminary if not final.). 3. Products list. 4. Schedule of unit prices. 5. Submittals Schedule (preliminary if not final). 6. List of Contractor's staff assignments. 7. List of Contractor's principal consultants. 8. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work. 9. Initial progress report. 10. Report of preconstruction conference. 11. Certificates of insurance and insurance policies. 12. Performance and payment bonds. 13. Data needed to acquire Owner's insurance. G. Application for Payment at Substantial Completion: After issuing the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete. 1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum. H. Final Payment Application: Submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following: 1. Evidence of completion of Project closeout requirements. 2. Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid. 3. Updated final statement, accounting for final changes to the Contract Sum. 4. Contractor's Affidavit of Release of Liens. 5. Consent of Surety to Final Payment. 6. Evidence that claims have been settled. 7. List of all claims against Owner that Contractor believes are unsettled. 8. Evidence of Insurance. SECTION 01290 PAYMENT PROCEDURES PAGE 2 OF 3 1 1 9. Final meter readings for utilities, a measured record of stored fuel, and similar data as of date of Substantial Completion or when Owner took possession of and assumed responsibility for corresponding elements of the Work. 10. Final, liquidated damages settlement statement. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION (Not Used) END OF SECTION SECTION 01290 PAYMENT PROCEDURES PAGE 3 OF 3 n n 1 SECTION 01300 SUBMITTALS PART 1 -GENERAL 1.1 RELATED DOCUMENTS ' A. Drawings and Special Provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. ' 1.2 SUMMARY A. This Section includes administrative and procedural requirements for submitting Shop ' Drawings, Product Data, Samples, and other miscellaneous submittals. B. Related Sections include the following: 1. Division 1 Section "Payment Procedures" for submitting Applications for Payment. 2. Division 1 Section "Project Management and Coordination" for submitting Coordination Drawings. 3. Division 1 Section "Construction Progress Documentation" for submitting schedules and reports, including Contractor's Construction Schedule. 4. Division 1 Section "Contractor Quality Control and Owner Quality Assurance" for submitting test and inspection reports and Delegated-Design Submittals. ' 1.3 DEFINITIONS ' A. Action Submittals: Written and graphic information that requires Engineer's responsive action. B. Informational Submittals: Written information that does not require Engineer's approval. Submittals may be rejected for not complying with requirements. 1.4 SUBMITTAL PROCEDURES A. General: Electronic copies of CAD Drawings of the Contract Drawings will not be provided by Engineer for Contractor's use in preparing submittals. B. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. ' 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a. Engineer reserves the right to withhold action on a submittal requiring coordi- ' nation with other submittals until related submittals are received. SECTION 01300 SUBMITTALS PAGE 1 OF 7 C. Submittals Schedule: Comply with requirements in Division 1 Section "Construction ' Progress Documentation" for list of submittals and time requirements for scheduled performance of related construction activities. D. Direct Transmittal from Prime Contractor: Engineer will not accept submittals from anyone but the Prime Contractor. E. Processing Time: Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Engineer's receipt of ' submittal. 1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. Engineer will advise Contractor when a submittal being processed must ' be delayed for coordination. 2. Allow 15 days for processing each resubmittal. 3. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing. F. Identification: Place a permanent label or title block on each submittal for identification. 1. Indicate name of firm or entity that prepared each submittal on label or title block. ' 2. Provide a space approximately 4 by 5 inches on label or beside title block to record Contractor's review and approval markings and action taken by Engineer. 3. Include the following information on label for processing and recording action taken: a. Project name. b. Date. ' c. Name and address of Engineer. d. Name and address of Contractor. e. Name and address of subcontractor. f. Name and address of supplier. g. Name of manufacturer. h. Unique identifier, including revision number. , i. Number and title of appropriate Specification Section. G. Deviations: Highlight, encircle, or otherwise identify deviations from the Contract , Documents on submittals. H. Additional Copies: Unless additional copies are required for final submittal, and unless Engineer observes noncompliance with provisions of the Contract Documents, initial , submittal may serve as final submittal. I. Transmittal: Package each submittal individually and appropriately for transmittal and , handling. Transmit each submittal using a transmittal form. Engineer will discard submittals received from sources other than Contractor. 1. On an attached separate sheet, prepared on Contractor's letterhead, record relevant information, requests for data, revisions other than those requested by Engineer on previous submittals, and deviations from requirements of the Contract Documents, including minor variations and limitations. Include the same label information as , the related submittal. 2. Include Contractor's certification stating that information submitted complies with requirements of the Contract Documents. SECTION 01300 SUBMITTALS PAGE 2 OF 7 ' I J i~ 3. Transmittal Form: Provide locations on form for the following information: a. Project name. b. Date. c. Destination (To:). d. Source (From:). e. Names of subcontractor, manufacturer, and supplier. f. Category and type of submittal. g. Submittal purpose and description. h. Submittal and transmittal distribution record. i. Remarks. j. Signature of transmitter. J. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. K. Use for Construction: Use only final submittals with mark indicating action taken by Engineer in connection with construction. PART 2 -PRODUCTS 2.1 ACTION SUBMITTALS A. General: Prepare and submit Action Submittals required by individual Specification Sections. 1. Number of Copies: Submit five copies of each submittal, unless otherwise indicated. Engineer will return two copies. Mark up and retain one returned copy as a Project Record Document. B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard printed data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable: a. Manufacturer's written recommendations. b. Manufacturer's product specifications. c. Manufacturer's installation instructions. d. Standard color charts. e. Manufacturer's catalog cuts. f. Wiring diagrams showing factory-installed wiring. g. Printed performance curves. h. Operational range diagrams. i. Mill reports. j. Standard product operating and maintenance manuals. k. Compliance with recognized trade association standards. 1. Compliance with recognized testing agency standards. m. Application of testing agency labels and seals. n. Notation of coordination requirements. SECTION 01300 SUBMITTALS PAGE 3 OF 7 C. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. Preparation: Include the following information, as applicable: a. Dimensions. b. Identification of products. c. Fabrication and installation drawings. d. Roughing-in and setting diagrams. e. Wiring diagrams showing field-installed wiring, including power, signal, and control wiring. f. Shopwork manufacturing instructions. g. Templates and patterns. h. Schedules. i. Design calculations. j. Compliance with specified standards. k. Notation of coordination requirements. 1. Notation of dimensions established by field measurement. Wiring Diagrams: Differentiate between manufacturer-installed and field-installed wiring. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches but no larger than 30 by 40 inches. D. Coordination Drawings: Comply with requirements in Division 1 Section "Project Management and Coordination." E. Contractor's Construction Schedule: Comply with requirements in Division 1 Section "Construction Progress Documentation" for Construction Manager's action. F. Submittals Schedule: Comply with requirements in Division 1 Section "Construction Progress Documentation." G. Application for Payment: Comply with requirements in Division 1 Section "Payment Procedures." H. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Include the following information in tabular form: 1. Name, address, and telephone number of entity performing subcontract or supplying products. 2. Number and title of related Specification Section(s) covered by subcontract. 3. Drawing number and detail references, as appropriate, covered by subcontract. 2.2 INFORMATIONAL SUBMITTALS A. General: Prepare and submit Informational Submittals required by other Specification Sections. 1. Number of Copies: Submit two copies of each submittal, unless otherwise indicated. Engineer will not return copies. 2. Certificates and Certifications: Provide a notarized statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall SECTION 01300 SUBMITTALS PAGE 4 OF 7 J u 1 it 1 1 be signed by an officer or other individual authorized to sign documents on behalf of that entity. 3. Test and Inspection Reports: Comply with requirements in Division 1 Section "Quality Requirements." B. Contractor's Construction Schedule: Comply with requirements in Division 1 Section "Construction Progress Documentation." C. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, names and addresses of Engineers and owners, and other information specified. ' D. Product Certificates: Prepare written statements on manufacturer's letterhead certifying that product complies with requirements. ' E. Installer Certificates: Prepare written statements on manufacturer's letterhead certifying that Installer complies with requirements and, where required, is authorized for this specific Project. 1 ri i~ u F. Manufacturer Certificates: Prepare written statements on manufacturer's letterhead certifying that manufacturer complies with requirements. Include evidence of manufacturing experience where required. G. Material Certificates: Prepare written statements on manufacturer's letterhead certifying that material complies with requirements. H. Material Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements. I. Preconstruction Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements. Compatibility Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion. K. Field Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements. L. Product Test Reports: Prepare written reports indicating current product produced by manufacturer complies with requirements. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. SECTION 01300 SUBMITTALS PAGE 5 OF 7 M. Maintenance Data: Prepare written and graphic instructions and procedures for operation and normal maintenance of products and equipment. Comply with requirements in Division 1 Section "Closeout Procedures and Operation and Maintenance Data." N. Design Data: Prepare written and graphic information, including, but not limited to, performance and design criteria, list of applicable codes and regulations, and calculations. Include list of assumptions and other performance and design criteria and a summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers. O. Manufacturer's Instructions: Prepare written or published information that documents manufacturer's recommendations, guidelines, and procedures for installing or operating a product or equipment. Include name of product and name, address, and telephone number of manufacturer. Include the following, as applicable: 1. Preparation of substrates. 2. Required substrate tolerances. 3. Sequence of installation or erection. 4. Required installation tolerances. 5. Required adjustments. 6. Recommendations for cleaning and protection. P. Manufacturer's Field Reports: Prepare written information documenting factory- authorized service representative's tests and inspections. Include the following, as applicable: 1. Name, address, and telephone number of factory-authorized service representative making report. 2. Statement on condition of substrates and their acceptability for installation of product. 3. Statement that products at Project site comply with requirements. 4. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. 5. Results of operational and other tests and a statement of whether observed performance complies with requirements. 6. Statement whether conditions, products, and installation will affect warranty. 7. Other required items indicated in individual Specification Sections. Q. Insurance Certificates and Bonds: Prepare written information indicating current status of insurance or bonding coverage. Include name of entity covered by insurance or bond, limits of coverage, amounts of deductibles, if any, and term of the coverage. R. Material Safety Data Sheets: Submit information directly to Owner. If submitted to Engineer, Engineer will not review this information but will return it with no action taken. PART 3 -EXECUTION 3.1 CONTRACTOR'S REVIEW A. Review each submittal and check for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Engineer. SECTION 01300 SUBMITTALS PAGE 6 OF 7 1 i] r i Li r, ii 3.2 B. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. ENGINEER'S ACTION A. General: Engineer will not review submittals that do not bear Contractor's approval stamp and will return them without action. B. Action Submittals: Engineer will review each submittal, make marks to indicate corrections or modifications required, and return it. Engineer will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken, as follows: 1. No Exceptions Noted 2. Exceptions Noted 3. Returned For Correction C. Informational Submittals: Engineer will review each submittal and will not return it, or will reject and return it if it does not comply with requirements. Engineer will forward each submittal to appropriate party. D. Submittals not required by the Contract Documents will not be reviewed and may be discarded. END OF SECTION SECTION 01300 SUBMITTALS PAGE 7 OF 7 i ~. [] 1 1 ' PART 1 -GENERAL SECTION 01320 CONSTRUCTION PROGRESS DOCUMENTATION 1.1 RELATED DOCUMENTS A. Drawings and Special Provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following: 1. Preliminary Construction Schedule. 2. Contractor's Construction Schedule. 3. Submittals Schedule. 4. Daily construction reports. B. Related Sections include the following: 1. Division 1 Section "Payment Procedures" for submitting the Schedule of Values. 2. Division 1 Section "Project Coordination" for submitting and distributing meeting and conference minutes. 3. Division 1 Section "Submittals" for submitting schedules and reports. 4. Division 1 Section "Contractor Quality Control and Owner Quality Assurance" for submitting a schedule of tests and inspections. 5. Division 1 Section "Contract Closeout" for submitting photographic negatives as Project Record Documents at Project closeout. 1.3 DEFINITIONS A. Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources. 1. Critical activities are activities on the critical path. They must start and finish on the planned early start and finish times. 2. Predecessor activity is an activity that must be completed before a given activity can be started. B. Event: The starting or ending point of an activity. C. Float: The measure of leeway in starting and completing an activity. 1. Float time is not for the exclusive use or benefit of either Owner or Contractor, but is a jointly owned, expiring Project resource available to both parties as needed to meet schedule milestones and Contract completion date. 2. Free float is the amount of time an activity can be delayed without adversely affecting the early start of the following activity. 3. Total float is the measure of leeway in starting or completing an activity without adversely affecting the planned Project completion date. SECTION 01320 CONSTRUCTION PROGRESS DOCUMENTATION PAGE 1 OF 4 D. Fragnet: A partial or fragmentary network that breaks down activities into smaller activities for greater detail. E. Milestone: A key or critical point in time for reference or measurement. F. Network Diagram: A graphic diagram of a network schedule, showing activities and activity relationships. 1.4 SUBMITTALS A. Qualification Data: For firms and persons specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include lists of completed projects with project names and addresses, names and addresses of Engineers and owners, and other information specified. n B. Preliminary Construction Schedule: Submit two printed copies; one a single sheet of reproducible media, and one a print. ' C. Contractor's Construction Schedule: Submit two printed copies of initial schedule, one a reproducible print and one ablue- or black-line print, large enough to show entire schedule for entire construction period. D. Daily Construction Reports: Submit 2 copies at monthly intervals. 1.5 COORDINATION A. Coordinate preparation and processing of schedules and reports with performance of construction activities and with scheduling and reporting of separate contractors. B. Coordinate Contractor's Construction Schedule, list of subcontracts, Submittals Schedule, progress reports, payment requests, and other required schedules and reports. 1. Secure time commitments for performing critical elements of the Work from parties involved. 2. Coordinate each construction activity in the network with other activities and schedule them in proper sequence. PART 2 -PRODUCTS 2.1 CONTRACTOR'S CONSTRUCTION SCHEDULE, GENERAL A. Time Frame: Extend schedule from date established for the Notice to Proceed to date of Substantial Completion. 1. Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order. 2. Procurement Activities: Include procurement process activities for long lead items and major items, requiring a cycle of more than 60 days, as separate activities in schedule. Procurement cycle activities include, but are not limited to, submittals, approvals, purchasing, fabrication, and delivery. 3. Submittal Review Time: Include review and resubmittal times indicated in Division 1 Section "Submittal Procedures" in schedule. Coordinate submittal review times in Contractor's Construction Schedule with Submittals Schedule. 4. Startup and Testing Time: Include time for startup and testing. SECTION 01320 CONSTRUCTION PROGRESS DOCUMENTATION PAGE 2 OF 4 u 1 ' S. Substantial Completion: Indicate completion in advance of date established for Substantial Completion, and allow time for Engineer's administrative procedures necessary for certification of Substantial Completion. B. Constraints: Include constraints and work restrictions indicated in the Contract ' Documents and as follows in schedule, and show how the sequence of the Work is affected. C. Milestones: Include milestones indicated in the Contract Documents in schedule, ' including, but not limited to, the Notice to Proceed, Substantial Completion, and Final Completion. 1 D. Contract Modifications: For each proposed contract modification and concurrent with its submission, prepare atime-impact analysis using fragnets to demonstrate the effect of the proposed change on the overall project schedule. 2.2 PRELIMINARY CONSTRUCTION SCHEDULE A. Bar-Chart Schedule: Submit preliminary horizontal bar-chart-type construction schedule at the preconstruction conference. B. Preparation: Indicate each significant construction activity separately. Identify first workday of each week with a continuous vertical line. Outline significant construction activities for construction. Include cash requirement prediction based on indicated activities. 2.3 REPORTS A. Daily Construction Reports: Prepare a daily construction report recording the following information concerning events at Project site: 1. List of subcontractors at Project site. 2. List of separate contractors at Project site. 3. Approximate count of personnel at Project site. 4. High and low temperatures and general weather conditions. 5. Accidents. 6. Meetings and significant decisions. 7. Daily work progress. 8. Unusual events (refer to special reports). 9. Stoppages, delays, shortages, and losses. 10. Meter readings and similar recordings. 11. Emergency procedures. 12. Orders and requests of authorities having jurisdiction. 13. Change Orders received and implemented. 14. Work Change Directives received. 15. Services connected and disconnected. 16. Equipment or system tests and startups. 17. Partial Completions and occupancies. 18. Substantial Completions authorized. SECTION 01320 CONSTRUCTION PROGRESS DOCUMENTATION PAGE 3 OF 4 PART 3 -EXECUTION 3.1 CONTRACTOR'S CONSTRUCTION SCHEDULE ' A. Contractor's Construction Schedule Updating: At monthly intervals, update schedule to reflect actual construction progress and activities. Issue schedule one week before each regularly scheduled progress meeting. 1. Revise schedule immediately after each meeting or other activity where revisions have been recognized or made. Issue updated schedule concurrently with the report ' of each such meeting. 2. Include a report with updated schedule that indicates every change, including, but not limited to, changes in logic, durations, actual starts and finishes, and activity ' durations. 3. As the Work progresses, indicate Actual Completion percentage for each activity. B. Distribution: Distribute copies of approved schedule to Engineer, Owner, separate testing and inspecting agencies, and other parties identified by Contractor with aneed-to- know schedule responsibility. 1. Post copies in Project meeting rooms and temporary field offices. 2. When revisions are made, distribute updated schedules to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in performance of construction activities. END OF SECTION ' 1 i L~ r~ 1 SECTION 01320 , CONSTRUCTION PROGRESS DOCUMENTATION PAGE 4 OF 4 , SECTION 01400 CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE PART1-GENERAL 1.1 RELATED DOCUMENTS ' A. Drawings and Special Provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. 1. Specific quality-control requirements for individual construction activities are ' specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products. 2. Specified tests, inspections, and related actions do not limit Contractor's quality- ' control procedures that facilitate compliance with the Contract Document requirements. 3. Requirements for Contractor to provide quality-control services required by ' Engineer, Owner, or authorities having jurisdiction are not limited by provisions of this Section. C. Related Sections include the following: ' 1. Division 1 Section "Construction Progress Documentation" for developing a schedule of required tests and inspections. 2. Divisions 2 through 16 Sections for specific test and inspection requirements. ' 1.3 DEFINITIONS ' A. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and ensure that proposed construction complies with requirements. ' B. Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that completed construction complies with requirements. Services do not include contract enforcement activities performed by Engineer. C. Testing Agency: An entity engaged to perform specific tests, inspections, or both. ' Testing laboratory shall mean the same as testing agency. ' SECTION 01400 CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE PAGE 1 OF 4 1.4 1.5 SUBMITTALS A. Qualification Data: For testing agencies specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by a recognized authority. B. Reports: Prepare and submit certified written reports that include the following: 1. Date of issue. 2. Project title and number. 3. Name, address, and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making tests and inspections. 6. Description of the Work and test and inspection method. 7. Identification of product and Specification Section. 8. Complete test or inspection data. 9. Test and inspection results and an interpretation of test results. ' 10. Ambient conditions at time of sample taking and testing and inspecting. 11. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. ' 12. Name and signature of laboratory inspector. 13. Recommendations on retesting and reinspecting. C. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, ' licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the ' Work. QUALITY ASSURANCE , A. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well ' as sufficient production capacity to produce required units. B. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of , manufacturer's products that are similar in material, design, and extent to those indicated for this Project. ' C. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service , performance. D. Manufacturer Qualifications: A firm experienced in manufacturing products or systems , similar to those indicated for this Project and with a record of successful in-service performance. E. Testing Agency Qualifications: An agency with the experience and capability to conduct testing and inspecting indicated, as documented by ASTM E 548, and that specializes in types of tests and inspections to be performed. ' SECTION 01400 CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE -PAGE 2 OF 4 ' F. Preconstruction Testing: Testing agency shall perform preconstruction testing for compliance with specified requirements for performance and test methods. 1. Contractor responsibilities include the following: ' a. Provide test specimens and assemblies representative of proposed materials and construction. Provide sizes and configurations of assemblies to ade- quately demonstrate capability of product to comply with performance re- ' quirements. b. Submit specimens in a timely manner with sufficient time for testing and ana- lyzing results to prevent delaying the Work. ' 2. Testing Agency Responsibilities: Submit a certified written report of each test, inspection, and similar quality-assurance service to Engineer, with copy to Contractor. Interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from the Contract Documents. ' 1.6 QUALITY CONTROL ' A. Owner Responsibilities: Where quality-control services are indicated as Owner's responsibility, Owner will engage a qualified testing agency or Engineer to perform these services. ' 1. Owner will furnish Contractor with names, addresses, and telephone numbers of testing agencies engaged and a description of the types of testing and inspecting they are engaged to perform. 2. Costs for retesting and reinspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Contractor. B. Contractor Responsibilities: Unless otherwise indicated, provide quality-control services specified and required by authorities having jurisdiction. 1. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality-control services. a. Contractor shall not employ the same entity engaged by Owner, unless agreed to in writing by Owner. ' 2. Notify testing agencies at least 24 hours in advance of time when Work that requires testing or inspecting will be performed. 3. Where quality-control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality-control service. 4. Testing and inspecting requested by Contractor and not required by the Contract Documents are Contractor's responsibility. ' S. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct. C. Manufacturer's Field Services: Where indicated, engage afactory-authorized service ' representative to inspect field-assembled components and equipment installation, including service connections. Report results in writing. D. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality-control services, including retesting and reinspecting, for construction that revised or replaced Work that failed to comply with ' requirements established by the Contract Documents. SECTION 01400 CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE PAGE 3 OF 4 ' E. Testing Agency Responsibilities: Cooperate with Engineer and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections. , 1. Notify Engineer and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. 2. Interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements. ' 3. Submit a certified written report, in duplicate, of each test, inspection, and similar quality-control service through Contractor. 4. Do not release, revoke, alter, or increase requirements of the Contract Documents or , approve or accept any portion of the Work. 5. Do not perform any duties of Contractor. ' F. Associated Services. Cooperate with agencies performing required tests, inspections, and similar quality-control services, and provide reasonable auxiliary services as requested. l f personne . Notify agency sufficiently in advance of operations to permit assignment o ' Provide the following: 1. Access to the Work. 2. Incidental labor and facilities necessary to facilitate tests and inspections. , 3. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. 4. Facilities for storage and field-curing of test samples. 5. Delivery of samples to testing agencies. ' 6. Preliminary design mix proposed for use for material mixes that require control by testing agency. 7. Security and protection for samples and for testing and inspecting equipment at ' Project site. G. Coordination: Coordinate sequence of activities to accommodate required quality- ' assurance and quality-control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. 1. Schedule times for tests, inspections, obtaining samples, and similar activities. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION 3.1 REPAIlZ AND PROTECTION ' A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes. ' 1. Provide materials and comply with installation requirements specified in other Sections of these Specifications. Restore patched areas and extend restoration into adjoining areas in a manner that eliminates evidence of patching. B. Protect construction exposed by or for quality-control service activities. , C. Repair and protection are Contractor's responsibility, regardless of the assignment of ' responsibility for quality-control services. END OF SECTION ' SECTION 01400 CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE PAGE 4 OF 4 I~ SECTION 01500 CONSTRUCTION AND TEMPORARY FACILITIES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and Special Provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes requirements for temporary facilities and controls, including temporary utilities, support facilities, and security and protection facilities. B. Temporary utilities include, but are not limited to, the following: 1. Sewers and drainage. 2. Water service and distribution. 3. Sanitary facilities, including toilets, wash facilities, and drinking-water facilities. 4. Heating and cooling facilities. 5. Ventilation. 6. Electric power service. 7. Lighting. 8. Telephone service. C. Support facilities include, but are not limited to, the following: 1. Temporary roads and paving. 2. Dewatering facilities and drains. 3. Project identification and temporary signs. 4. Waste disposal facilities. 5. Field offices. 6. Storage and fabrication sheds. 7. Lifts and hoists. 8. Temporary elevator usage. 9. Temporary stairs. 10. Construction aids and miscellaneous services and facilities. D. Security and protection facilities include, but are not limited to, the following: 1. Environmental protection. 2. Stormwater control. 3. Tree and plant protection. 4. Pest control. 5. Site enclosure fence. 6. Security enclosure and lockup. 7. Barricades, warning signs, and lights. 8. Covered walkways. 9. Temporary enclosures. 10. Temporary partitions. 11. Fire protection. SECTION 01500 CONSTRUCTION AND TEMPORARY FACILITIES PAGE 1 OF 7 E. Related Sections include the following: 1. Division 1 Section "Submittals" for procedures for submitting copies of implementation and termination schedule and utility reports. 2. Division 1 Section "Execution Requirements" for progress cleaning requirements. C C ~~ 1.3 DEFINITIONS ' 1.4 A. Permanent Enclosure: As determined by Engineer, permanent or temporary roofing is complete, insulated, and weathertight; exterior walls are insulated and weathertight; and all openings are closed with permanent construction or substantial temporary closures. USE CHARGES A. General: Cost or use charges for temporary facilities are not chargeable to Owner or Engineer and shall be included in the Contract Sum. Allow other entities to use temporary services and facilities without cost, including, but not limited to, the following: 1. Owner's construction forces. 2. Occupants of Project. 3. Engineer. 4. Testing agencies. 5. Personnel of authorities having jurisdiction. 1.5 B. Electric Power Service: Pay electric power service use charges, whether metered or otherwise, for electricity used by all entities engaged in construction activities at Project site. QUALITY ASSURANCE A. Standards: Comply with ANSI A10.6, NECA's "Temporary Electrical Facilities," and NFPA 241. 1. Trade Jurisdictions: Assigned responsibilities for installation and operation of temporary utilities are not intended to interfere with trade regulations and union jurisdictions. 2. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70. ~' [] B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits. 1.6 PROJECT CONDITIONS A. Conditions of Use: The following conditions apply to use of temporary services and facilities by all parties engaged in the Work: 1. Keep temporary services and facilities clean and neat. 2. Relocate temporary services and facilities as required by progress of the Work. SECTION 01500 CONSTRlJCTION AND TEMPORARY FACILITIES PAGE 2 OF 7 C ' PART 2 -PRODUCTS 2.1 MATERIALS A. General: Provide new materials. Undamaged, previously used materials in serviceable ' condition may be used if approved by Engineer. Provide materials suitable for use intended. B. Water: Potable. 2.2 EQUIPMENT ' A. General: Provide equipment suitable for use intended. B. Field Offices: Mobile units or other suitable unit with lockable entrances, operable windows, and serviceable finishes; heated and air conditioned; on foundations adequate for normal loading. ' C. Fire Extinguishers: Hand carried, portable, UL rated. Provide class and extinguishing agent as indicated or a combination of extinguishers of NFPA-recommended classes for exposures. 1. Comply with NFPA 10 and NFPA 241 for classification, extinguishing agent, and size required by location and class of fire exposure. D. Self-Contained Toilet Units: Single-occupant units of chemical, aerated recirculation, or combustion type; vented; fully enclosed with aglass-fiber-reinforced polyester shell or similar nonabsorbent material. E. Drinking-Water Fixtures: Containerized, tap-dispenser, bottled-water drinking-water units, including paper cup supply. F. Heating Equipment: Unless Owner authorizes use of permanent heatin:~ system, provide vented, self-contained, liquid-propane-gas or fuel-oil heaters with individual space thermostatic control. 1. Use of gasoline-burning space heaters, open-flame heaters, or salamander-type heating units is prohibited. 2. Heating Units: Listed and labeled, by a testing agency acceptable to authorities ' having jurisdiction, and marked for intended use for type of fuel being consumed. G. Electrical Outlets: Properly configured, NEMA-polarized outlets to prevent insertion of 110- to 120-V plugs into higher-voltage outlets; equipped with ground-fault circuit ' interrupters, reset button, and pilot light. H. Power Distribution System Circuits: Where permitted and overhead and exposed for ' surveillance, wiring circuits, not exceeding 125-V ac, 20-A rating, and lighting circuits may be nonmetallic sheathed cable. SECTION 01500 CONSTRUCTION AND TEMPORARY FACILITIES 1 PAGE 3 OF 7 PART 3 -EXECUTION , 3.1 INSTALLATION, GENERAL A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required. ' B. Provide each facility ready for use when needed to avoid delay. Maintain and modify as required. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. 3.2 TEMPORARY UTILITY INSTALLATION ' A. General: Engage appropriate local utility company to install temporary service or connect to existing service. Where utility company provides only part of the service, provide the remainder with matching, compatible materials and equipment. Comply with utility company recommendations. 1. Arrange with utility company, Owner, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services. 2. Provide adequate capacity at each stage of construction. Before temporary utility is available, provide trucked-in services. 3. Obtain easements to bring temporary utilities to Project site where Owner's easements cannot be used for that purpose. B. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking-water fixtures. Comply with regulations and health codes for type, number, location, operation, and maintenance of fixtures and facilities. 1. Disposable Supplies: Provide toilet tissue, paper towels, paper cups, and similar disposable materials for each facility. Maintain adequate supply. Provide covered waste containers for disposal of used material. 2. Toilets: Install self-contained toilet units. Shield toilets to ensure privacy. 3. Drinking-Water Facilities: Provide bottled-water, drinking-water units. C. Heating and Cooling: Provide temporary heating and cooling required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of low temperatures or high humidity. Select equipment from that specified that will not have a harmful effect on completed installations or elements being installed. ' D. Electric Distribution: Provide receptacle outlets adequate for connection of power tools and equipment. ' 1. Provide waterproof connectors to connect separate lengths of electrical power cords if single lengths will not reach areas where construction activities are in progress. Do not exceed safe length-voltage ratio. 3.3 SUPPORT FACILITIES INSTALLATION A. General: Comply with the following: ' 1. Locate field offices, storage sheds, sanitary facilities, and other temporary construction and support facilities for easy access. SECTION 01500 CONSTRUCTION AND TEMPORARY FACILITIES PAGE 4 OF 7 1 aved ads and i t i t d C p emporary ro n a n onstruct an ma B. Temporary Roads and Paved Areas: areas adequate to support loads and to withstand exposure to traffic during construction period. Locate temporary roads and paved areas within construction limits indicated on Drawings. 1. Provide dust-control treatment that is nonpolluting and nontracking. Reapply treatment as required to minimize dust. C. Traffic Controls: Provide temporary traffic controls at junction of temporary roads with ' public roads. Include warning signs for public traffic and "STOP" signs for entrance onto uirements of authorities having jurisdiction. with re ublic roads Com l q . p y p D. Be responsible for dust control, providing all equipment and personnel for the work. Furnish Engineer with the name(s) and telephone numbers(s) of the person(s) responsible for dust control during evenings and weekends. If a responsible person cannot be contacted or does not respond, Owner may perform or contract out dust control duties at Contract's expense. E. Dewatering Facilities and Drains: Comply with requirements in applicable Division 2 Sections for temporary drainage and dewatering facilities and operations not directly associated with construction activities included in individual Sections. Where feasible, use same facilities. Maintain Project site, excavations, and construction free of water. 1. Dispose of rainwater in a lawful manner that will not result in flooding Project or adjoining property nor endanger permanent Work or temporary facilities. 2. Remove snow and ice as required to minimize accumulations. F. Project Identification and Temporary Signs: Prepare Project identification and other signs in sizes indicated. Install signs where indicated to inform public and persons seeking entrance to Project. Do not permit installation of unauthorized signs. ' I. Engage an experienced sign painter to apply graphics for Project identification signs. Comply with details indicated. 2. Prepare temporary signs to provide directional information to construction personnel and visitors. 3. Construct signs of exterior-type Grade B-B high-density concrete form overlay plywood in sizes and thicknesses indicated. Support on posts or framing of preservative-treated wood or steel. ' 4. Paint sign panel and applied graphics with exterior-grade alkyd gloss enamel over exterior primer. ' G. Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to handle waste from construction operations. Containerize and clearly label hazardous, dangerous, or unsanitary waste materials separately from other waste. Comply with Division 1 Section "Execution Requirements" for progress cleaning requirements. 1. If required by authorities having jurisdiction, provide separate containers, clearly labeled, for each type of waste material to be deposited. 3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction in ways and by methods that comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. Avoid using tools and equipment that produce harmful noise. SECTION 01500 CONSTRUCTION AND TEMPORARY FACILITIES PAGE 5 OF 7 3.5 Restrict use of noisemaking tools and equipment to hours that will minimize complaints from persons or firms near Project site. B. Stormwater Control: Provide earthen embankments and similar barriers in and around excavations and subgrade construction, sufficient to prevent flooding by runoff of stormwater from heavy rains. ~ C. Barricades, Warning Signs, and Lights: Comply with standards and code requirements for erecting structurally adequate barricades. Paint with appropriate colors, graphics, and warning signs to inform personnel and public of possible hazard. Where appropriate and needed, provide lighting, including flashing red or amber lights. D. Temporary Enclosures: Provide temporary enclosures for protection of construction, in progress and completed, from exposure, foul weather, other construction operations, and similar activities. Provide temporary weathertight enclosure for building exterior. 1. Where heating or cooling is needed and permanent enclosure is not complete, provide insulated temporary enclosures. Coordinate enclosure with ventilating and material drying or curing requirements to avoid dangerous conditions and effects. 2. Vertical Openings: Close openings of 25 sq. ft. (2.3 sq. m) or less with plywood or similar materials. 3. Horizontal Openings: Close openings in floor or roof decks and horizontal surfaces with load-bearing, wood-framed construction. 4. Install tarpaulins securely using fire-retardant-treated wood framing and other materials. E. Temporary Fire Protection: Until fire-protection needs are supplied by permanent facilities, install and maintain temporary fire-protection facilities of types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 241. 1. Provide fire extinguishers, installed on walls on mounting brackets, visible and accessible from space being served, with sign mounted above. a. Field Offices: Class Astored-pressure water-type extinguishers. 2. Store combustible materials in containers in fire-safe locations. 3. Maintain unobstructed access to fire extinguishers, fire hydrants, temporary fire- protection facilities, stairways, and other access routes for firefighting. Prohibit smoking in hazardous fire-exposure areas. ' 4. Supervise welding operations, combustion-type temporary heating units, and similar sources of fire ignition. ' OPERATION, TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. B. Maintenance: Maintain facilities in good operating condition until removal. Protect from damage caused by freezing temperatures and similar elements. 1. Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation, anal similar facilities on a 24-hour basis where required to achieve indicated results and to avoid possibility of damage. 2. Prevent water-filled piping from freezing. Maintain markers for underground lines. Protect from damage during excavation operations. SECTION 01500 CONSTRUCTION AND TEMPORARY FACILITIES PAGE 6 OF 7 .. 1 C. Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. Materials and facilities that constitute temporary facilities are the property of ~ Contractor. Owner reserves right to take possession of Project identification signs. f~~ C END OF SECTION SECTION 01500 CONSTRUCTION AND TEMPORARY FACILITIES PAGE 7 OF 7 ii ii 1 fl PART 1 -GENERAL SECTION 01600 PRODUCT REQUIREMENTS 1.1 RELATED DOCUMENTS A. Drawings and Special Provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. I 1.2 SUMMARY A. This Section includes the following administrative and procedural requirements: selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; product substitutions; and comparable products. ' B. Related Sections include the following: 1. Division 1 Section "References" for applicable industry standards for products specified. 2. Division 1 Section "Contract Closeout" for submitting warranties for contract closeout. ' 3. Divisions 2 through 16 Sections for specific requirements for warranties on products and installations specified to be warranted. 1.3 DEFINITIONS A. Products: Items purchased for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent. 1. Named Products: Items identified by manufacturer's product name, including make or model number or other designation, shown or listed in manufacturer's published ' product literature that is current as of date of the Contract Documents. 2. New Products: Items that have not previously been incorporated into another project or facility. Products salvaged or recycled from other projects are not ' considered new products. 3. Comparable Product: Product that is demonstrated and approved through submittal process, or where indicated as a product substitution, to have the indicated qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product. B. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor. C. Basis-of-Design Product Specification: Where a specific manufacturer's product is named including make or model number or other designation, to establish the significant qualities related to type, function, dimension, in-service performance, physical properties, SECTION 01600 PRODUCT REQUIREMENTS PAGE I OF 5 1.4 appearance, and other characteristics for purposes of evaluating comparable products of other named manufacturers. D. Manufacturer's Warranty: Preprinted written warranty published by individual , manufacturer for a particular product and specifically endorsed by manufacturer to Owner. E. Special Warranty: Written warranty required by or incorporated into the Contract Documents, either to extend time limit provided by manufacturer's warranty or to provide more rights for Owner. SUBMITTALS A. Substitution Requests: Submit three copies of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. Substitution Request Form: 2. Documentation: Show compliance with requirements for substitutions and the following, as applicable: , a. Statement indicating why specified material or product cannot be provided. b. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by Owner and sepa- rate contractors that will be necessary to accommodate proposed substitution. c. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, and specific features and requu-ements indicated. d. Product Data, including drawings and descriptions of products and fabrication and installation procedures. e. Samples, where applicable or requested. f. List of similar installations for completed projects with project names and ad- dresses and names and addresses of Engineers and owners. g. Material test reports from a qualified testing agency indicating and interpret- ing test results for compliance with requirements indicated. h. Detailed comparison of Contractor's Construction Schedule using proposed , substitution with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating lack of availability or delays in delivery. i. Cost information, including a proposal of change, if any, in the Contract Sum. j. Contractor's certification that proposed substitution complies with require- ments in the Contract Documents and is appropriate for applications indicated. k. Contractor's waiver of rights to additional payment or time that may subse- quently become necessary because of failure of proposed substitution to pro- duce indicated results. 3. Engineer's Action: If necessary, Engineer will request additional information or documentation for evaluation within one week of receipt of a request for substitution. Engineer will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or 7 days of receipt of additional information or documentation, whichever is later. SECTION 01600 PRODUCT REQUIREMENTS PAGE 2 OF 5 a. Form of Acceptance: Change Order. b. Use product specified if Engineer cannot make a decision on use of a pro- posed substitution within time allocated. B. Basis-of-Design Product Specification Submittal: Comply with requirements in Division 1 Section "Submittal Procedures." Show compliance with requirements. ' 1.5 QUALITY ASSURANCE A. Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project, product selected shall be compatible with products previously selected, even if previously selected products were also options. ' 1.6 PRODUCT DELNERY, STORAGE, AND HANDLING A. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft. Comply with manufacturer's written instructions. 1. Schedule delivery to minimize long-term storage at Project site and to prevent 'overcrowding of construction spaces. ' 2. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. 3. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. 4. Inspect products on delivery to ensure compliance with the Contract Documents and to ensure that products are undamaged and properly protected. 5. Store products to allow for inspection and measurement of quantity or counting of units. 6. Store materials in a manner that will not endanger Project structure. 7. Store products that are subject to damage by the elements, under cover in a weathertight enclosure above ground, with ventilation adequate to prevent ' condensation. 8. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather-protection requirements for storage. 9. Protect stored products from damage. 1.7 PRODUCT WARRANTIES A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents. B. Special. Warranties: Prepare a written document that contains appropriate terms and ' identification, ready for execution. Submit a draft for approval before final execution. 1. Refer to Divisions 2 through 16 Sections for specific content requirements and particular requirements for submitting special warranties. C. Submittal Time: Comply with requirements in Division 1 Section "Closeout Procedures." SECTION 01600 PRODUCT REQUIREMENTS PAGE 3 OF 5 PART 2 -PRODUCTS 2.1 PRODUCT OPTIONS t A. General Product Requirements: Provide products that comply with the Contract Documents, that are undamaged, and unless otherwise indicated, that are new at time of installation. 1. Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation and indicated use and effect. 2. Standard Products: If available, and unless custom products or nonstandard options are specified, provide standard products of types that have been produced and used successfully in similar situations on other projects. 3. Or Equal. Where products are specified by name and accompanied by the term "or equal" or "or approved equal" or "or approved," comply with provisions in "Comparable Products" Article to obtain approval for use of an unnamed product. B. Product Selection Procedures: Procedures for product selection include the following: 1. Product: Where Specification paragraphs or subparagraphs titled "Product" name a single product and manufacturer, provide the product named. a. Substitutions may be considered. 2. Products: Where Specification paragraphs or subparagraphs titled "Products" introduce a list of names of both products and manufacturers, provide one of the products listed that complies with requirements. a. Substitutions may be considered, unless otherwise indicated. 3. Manufacturers: Where Specification paragraphs or subparagraphs titled ' "Manufacturers" introduce a list of manufacturers' names, provide a product by one of the manufacturers listed that complies with requirements. unless otherwise indicated Substitutions ma be considered a ' . . y , 2.2 PRODUCT SUBSTITUTIONS A. Timing: Engineer will consider requests for substitution if received within 30 days after the Notice of Award. Requests received after that time may be considered or rejected at discretion of Engineer. B. Conditions: Engineer will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Engineer will return requests without action, except to record noncompliance with these ' requirements: 1. Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Engineer for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations. 2. Requested substitution does not require extensive revisions to the Contract Documents. 3. Requested substitution is consistent with the Contract Documents and will produce indicated results. 4. Substitution request is fully documented and properly submitted. SECTION 01600 , PRODUCT REQUIREMENTS PAGE 4 OF 5 5. Requested substitution will not adversely affect Contractor's Construction Schedule. 6. Requested substitution has received necessary approvals of authorities having jurisdiction. 7. Requested substitution is compatible with other portions of the Work. 8. Requested substitution has been coordinated with other portions of the Work. 9. Requested substitution provides specified warranty. 2.3 COMPARABLE PRODUCTS r A. Where products or manufacturers are specified by name, submit the following, in addition to other required submittals, to obtain approval of an unnamed product: 1. Evidence that the proposed product does not require extensive revisions to the Contract Documents, that it is consistent with the Contract Documents and will produce the indicated results, and that it is compatible with other portions of the Work. ' 2. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant qualities include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. 3. Evidence that proposed product provides specified warranty. 4. List of similar installations for completed projects with project names and addresses and names and addresses of Engineers and owners, if requested. 5. Samples, if requested. ' PART 3 -EXECUTION (Not Used) END OF SECTION !7 i~ SECTION 01600 PRODUCT REQUIREMENTS PAGE 5 OF 5 j~ ~~ Ll u iJ t t 1 [~ 1 r~ t 1 SECTION 01700 CONTRACT CLOSEOUT PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and Special Provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Inspection procedures. 2. Project Record Documents. 3. Operation and maintenance manuals. 4. Warranties. 5. Instruction of Owner's personnel. 6. Final cleaning. B. Related Sections include the following: 1. Payment for Substantial and Final Completion. 2. Division 1 Section "Construction Progress Documentation" for submitting Final Completion construction photographs and negatives. 3. Division 1 Section "Execution Requirements" for progress cleaning of Project site. 4. Divisions 2 through 16 Sections for specific closeout and special cleaning requirements for products of those Sections. 1.3 SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, complete the following. List items below that are incomplete in request. 1. Prepare a list of items to be completed and corrected (punch list), the value of items on the list, and reasons why the Work is not complete. 2. Advise Owner of pending insurance changeover requirements. 3. Submit specific warranties, Performance bonds, maintenance service agreements, final certifications, and similar documents. 4. Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5. Prepare and submit Project Record Documents, operation and maintenance manuals, damage or settlement surveys, property surveys, and similar final record information. 6. Deliver tools, spare parts, extra materials, and similar items to location designated by Owner. Label with manufacturer's name and model number where applicable. 7. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's personnel of changeover in security provisions. 8. Complete startup testing of systems. SECTION 01700 CONTRACT CLOSEOUT PAGE 1 OF 6 1.4 d s. 9. Submit test/adjust/balance recor 10. Terminate and remove temporary facilities from Project site, construction tools, and similar elements. 11. Advise Owner of changeover in heat and other utilities. 12. Submit changeover information related to Owner's occupancy, use, operation, and maintenance. 13. Complete final cleaning requirements, including touchup painting. 14. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. ' B. Inspection: Submit a written request for inspection for Substantial Completion. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Engineer, that must be completed or corrected before certificate will be issued. ' 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 2. Results of completed inspection will form the basis of requirements for Final Completion. C. There will only be a single Substantial Completion document issued for each Contract. The warrantee period will begin at the issuance date of the Substantial Completion document representing all schedules covered under Contract. There will not be individual warrantee periods for each schedule or portions thereof this project. FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining date of Final Completion, complete the following: 1. Submit a final Application for Payment according to Division 1 Section "Payment Procedures." 2. Submit certified copy of Engineer's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Engineer. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 3. Submit evidence of final, continuing insurance coverage complying with insurance requirements. 4. Submit evidence that bonds shall be in effect until one year after the date when final payment becomes due or until completion of the correction period specified, whichever is later. 5. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will. prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. SECTION 01700 CONTRACT CLOSEOUT PAGE 2 OF 6 1.5 LIST OF INCOMPLETE ITEMS (PUNCH LIST) ' A. Preparation: Submit three copies of list. Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. 1. Organize list of areas in sequential order. 2. Organize items applying to each area by major element. ' 3. Include the following information at the top of each page: a. Project name. b. Date. c. Name of Engineer. d. Name of Contractor. e. Page number. 1.6 PROJECT RECORD DOCUMENTS A. General: Do not use Project Record Documents for construction purposes. Protect Project Record Documents from deterioration and loss. Provide access to Project Record Documents for Engineer's reference during normal working hours. B. Record Drawings: Maintain and submit one set of blue- or black-line white prints of Contract Drawings and Shop Drawings. 1. Mark Record Prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, ' whether individual or entity is Installer, subcontractor, or similar entity, to prepare the marked-up Record Prints. a. Give particular attention to information on concealed elements that cannot be readily identified and recorded later. b. Accurately record information in an understandable drawing technique. c. Record data as soon as possible after obtaining it. Record and check the ' markup before enclosing concealed installations. d. Mark Contract Drawings or Shop Drawings, whichever is most capable of showing actual physical conditions, completely and accurately. Where Shop Drawings are marked, show cross-reference on Contract Drawings. 2. Mark record sets with erasable, red-colored pencil. Use other colors to distinguish between changes for different categories of the Work at the same location. ' 3. Mark important additional information that was either shown schematically or omitted from original Drawings. 4. Note Construction Change Directive numbers, Change Order numbers, alternate numbers, and similar identification where applicable. 5. Identify and date each Record Drawing; include the designation "PROJECT RECORD DRAWING" in a prominent location. Organize into manageable sets; bind each set with durable paper cover sheets. Include identification on cover ' sheets. C. Miscellaneous Record Submittals: Assemble miscellaneous records required by other 1 Specification Sections for miscellaneous record keeping and submittal in connection with actual performance of the Work. Bind or file miscellaneous records and identify each, ready for continued use and reference. 1 SECTION 01700 CONTRACT CLOSEOUT PAGE 3 OF 6 1 1.7 OPERATION AND MAINTENANCE MANUALS A. Assemble a complete set of operation and maintenance data indicating the operation and maintenance of each system, subsystem, and piece of equipment not part of a system. Include operation and maintenance data required in individual Specification Sections and as follows: 1. Operation Data: a. Emergency instructions and procedures. b. System, subsystem, and equipment descriptions, including operating stan- dards. c. Operating procedures, including startup, shutdown, seasonal, and weekend operations. d. Description of controls and sequence of operations. e. Outline, cross section, and assembly drawings, engineering data, and wiring diagrams. f. Test data and performance curves, where applicable. g. Piping diagrams. 2. Maintenance Data: a. Manufacturer's information, including list of spare parts. b. Name, address, and telephone number of Installer or supplier. c. Maintenance procedures. d. Maintenance and service schedules for preventive and routine maintenance. e. Maintenance record forms. f. Guide to "troubleshooting". g. Sources of spare parts and maintenance materials. h. Copies of maintenance service agreements. i. Copies of warranties and bonds. B. Organize operation and maintenance manuals into suitable sets of manageable size. Bind and index data in heavy-duty, 3-ring, vinyl-covered, loose-leaf binders, in thickness necessary to accommodate contents, with pocket inside the covers to receive folded oversized sheets. Identify each binder on front and spine with the printed title "OPERATION AND MAINTENANCE MANUAL," Project name, and subject matter of contents. ~~ t J 1.8 WARRANTIES A. Submittal Time: Submit written warranties on request of Engineer for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated. B. Contractor's General Warranty and Guarantee: The Contractor shall guarantee all materials and equipment furnished and work performed for a period of one (1) year from the date of Substantial Completion. The Contractor warrants and guarantees for a period of one (1) year from the date of Substantial Completion of the system that the completed system is free from all defects due to faulty materials or workmanship and the Contractor shall promptly make such corrections as may be necessary by reason of such defects, including the repairers of the damage of other parts of the system resulting from such defects. The Owner will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make such repairs, adjustments, or other work that may be made necessary by such defects, the Owner may do so and charge the SECTION 01700 CONTRACT CLOSEOUT PAGE 4 OF 6 1 'LI 1 t 1 ' Contractor the cost there by incurred. The Performance Bond and Payment Bond shall remain in full force and effect through the guarantee period. ' C. Provide additional copies of each warranty to include in operation and maintenance manuals. t PART 2 -PRODUCTS ' 2.1 MATERIALS A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. PART 3 -EXECUTION ' 3.1 DEMONSTRATION AND TRAINING A. Instruction: Instruct Owner's personnel to adjust, operate, and maintain systems, subsystems, and equipment not part of a system. 1. Provide instructors experienced in operation and maintenance procedures. 2. Provide instruction at mutually agreed-on times. For equipment that requires ' seasonal operation, provide similar instruction at the start of each season. 3. Schedule training with Owner, through Engineer, with at least seven days' advance notice. ' 4. Coordinate instructors, including providing notification of dates, times, length of instruction, and course content. ' B. Program Structure: Develop an instruction. program that includes individual training modules for each system and equipment not part of a system, as required by individual Specification Sections. For each training module, develop a learning objective and teaching outline. Include instruction for the following: 1. System design and operational philosophy. 2. Review of documentation. 3. Operations. 1 4. Adjustments. 5. Troubleshooting. 6. Maintenance. 7. Repair. 3.2 FINAL CLEANING A. General: Provide final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and ' antipollution regulations. B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. ' Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a portion of Project: SECTION 01700 CONTRACT CLOSEOUT ' PAGE 5 OF 6 a. Clean Project site, yard, and grounds, in areas disturbed by construction ac- tivities, including landscape development areas, of rubbish, waste material., lit- ter, broken pipe, sheeting, worn-out parts, rejected materials, concrete, asphalt and other foreign substances. b. Remove excess piles of gravel or soil deposited throughout project. c. Final grade in unpaved and ungraveled areas with a motor. patrol. d. Remove all loose rocks, boulders, and coarse gravel pushed into a berm by fi- nal grading. e. Restore surface drainage to original condition unless otherwise detailed in the project plans and specifications. f. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits. g. Rake grounds that are neither planted nor paved to a smooth, even-textured surface. h. Remove tools, construction equipment, machinery, and surplus material from Project site. i. Clean exposed exterior and interior hard-surfaced finishes to a dirt-free condi- tion, free of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition. j. Remove debris and surface dust from limited access spaces, including roofs, plenums, shafts, trenches, equipment vaults, manholes, attics, and similar spaces. k. Sweep concrete floors broom clean in unoccupied spaces. 1. Clean transparent materials, including mirrors and glass in doors and win- dows. Remove glazing compounds and other noticeable, vision-obscuring materials. Replace chipped or broken glass and other damaged transparent materials. Polish mirrors and glass, taking care not to scratch surfaces. m. Remove labels that are not permanent. n. Touch up and otherwise repair and restore marred, exposed finishes and sur- faces. Replace finishes and surfaces that cannot be satisfactorily repaired or restored or that already show evidence of repair or restoration. o. Do not paint over "UL" and similar labels, including mechanical and electrical nameplates. p. Wipe surfaces of mechanical and electrical equipment, and similar equipment. Remove excess lubrication, paint and mortar droppings, and other foreign substances. q. Replace parts subject to unusual operating conditions. C. Comply with safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from Project site and dispose of lawfully. END OF SECTION SECTION 01700 CONTRACT CLOSEOUT PAGE 6 OF 6 1 1 J II 1 SECTION 01730 ' EXECUTION REQUIREMENTS ' PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and Special Provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. t 1.2 SUMMARY A. This Section includes general procedural requirements governing execution of the Work including, but not limited to, the following: 1. Construction layout. 2. Field engineering and surveying. 3. General installation of products. 4. Coordination of Owner-installed products. 5. Dust Control 6. Progress cleaning. 7. Starting and adjusting. 8. Protection of installed construction. 9. Correction of the Work. B. Related Sections include the following: 1. Division 1 Section "Project Coordination" for procedures for coordinating field engineering with other construction activities. 2. Division 1 Section "Submittals" for submitting surveys. 3. Division 1 Section "Contract Closeout" for submitting final property survey with Project Record Documents, recording of Owner-accepted deviations from indicated lines and levels, and final cleaning. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION ' 3.1 EXAMINATION A. Existing Conditions: The existence and location of site improvements, utilities, and other construction indicated as existing are not guaranteed. Before beginning work, investigate and verify the existence and location of mechanical and electrical systems and other ' construction affecting the Work. 1. Before construction, verify the location and points of connection of utility services. B. Existing Utilities: The existence and location of underground and other utilities and ' construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence and location of underground utilities and other construction affecting the Work. ' SECTION 01730 EXECUTION REQUIREMENTS PAGE 1 OF 6 1. Before construction, verify the location and invert elevation at points of connection of sanitary sewer, storm sewer, and water-service piping; and underground electrical services. 2. Furnish location data for work related to Project that must be performed by public utilities serving Project site. r 3.2 PREPARATION 3.3 A. Existing Utility Information: Furnish information to local utility that is necessary to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction. B. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: 1. Notify Engineer not less than two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Engineer's written permission. C. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. D. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. E. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents, submit a request for information to Engineer. Include a detailed description of problem encountered, together with recommendations for changing the Contract Documents. CONSTRUCTION LAYOUT A. Verification: Before proceeding to lay out the Work, verify layout information shown on Drawings, in relation to the property survey and existing benchmarks. If discrepancies are discovered, notify Engineer promptly. t B. General: Engage a land surveyor to lay out the Work using accepted surveying practices. 1. Establish benchmarks and control points to set lines and levels. 2. Establish dimensions within tolerances indicated. Do not scale Drawings to obtain required dimensions. 3. Inform installers of lines and levels to which they must comply. 4. Check the location, level and plumb, of every major element as the Work progresses. 5. Notify Engineer when deviations from required lines and levels exceed allowable tolerances. 6. Close site surveys with an error of closure equal to or less than the standard established by authorities having jurisdiction. SECTION 01730 EXECUTION REQUIREMENTS PAGE 2 OF 6 I~ C' ~ a 1 C. Site Improvements: Locate and lay out site improvements, including pavements, grading, fill and topsoil placement, utility slopes, and invert elevations. D. Record Log: Maintain a log of layout control work. Record deviations from required lines and levels. Include beginning and ending dates and times of surveys, weather conditions, name and duty of each survey party member, and types of instruments and tapes used. Make the log available for reference by Engineer. FIELD ENGINEERING A. Identification: Owner and Engineer will identify existing benchmarks, control points, and property corners to the best of his knowledge. The Contractor will have the ultimate responsibility to locate, recognize and preserve all of these that are encountered. B. Retain a license land surveyor, at the Contractor's expense, to replace any survey corners, property pins, or highway right-of-way monuments removed or damaged during construction. C. Reference Points: Locate existing permanent benchmarks, control points, and similar reference points before beginning the Work. Preserve and protect permanent benchmarks and control points during construction operations. 1. Do not change or relocate existing benchmarks or control points without prior written approval of Engineer. Report lost or destroyed permanent benchmarks or control points promptly. Report the need to relocate permanent benchmarks or control points to Engineer before proceeding. 2. Replace lost or destroyed permanent benchmarks and control points promptly. Base replacements on the original survey control points. D. Benchmarks: Establish and maintain a minimum of two permanent benchmarks on Project site, referenced to data established by survey control points. Comply with authorities having jurisdiction for type and size of benchmark. 1. Record benchmark locations, with horizontal and vertical data, on Project Record Documents. 2. Where the actual location or elevation of layout points cannot be marked, provide temporary reference points sufficient to locate the Work. 3. Remove temporary reference points when no longer needed. Restore marked construction to its original condition. INSTALLATION A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. 1. Make vertical work plumb and make horizontal work level. 2. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. C. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion. SECTION 01730 EXECUTION REQUIREMENTS PAGE 3 OF 6 3.6 3.7 , D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy. l l l i E. eve s. no se Tools and Equipment: Do not use tools or equipment that produce harmfu F. Anchors and Fasteners: Provide anchors and fasteners as required to anchor each ' component securely in place, accurately located and aligned with other portions of the Work. G. Hazardous Materials: Use products, cleaners, and installation materials that are not ' considered hazardous. DUS T CONTROL I A. Be responsible for dust control, providing all equipment and personnel for the work. Furnish Engineer with the name(s) and telephone numbers(s) of the person(s) responsible , for dust control during evenings and weekends. If a responsible person cannot be contacted or does not respond, Owner may perform or contract out dust control duties at Contract's expense. PRO GRESS CLEANING Remove and s di i l A. . ng common area nc u General: Clean Project site and work areas daily, properly dispose of excess material accumulated from demolition and construction (such as piles of gravel or soil, broken concrete, debris, papers, rejected materials, worn-out equipment parts, etc.) from the project site at the Contractor's expense. Coordinate , progress cleaning for joint-use areas where more than one installer has worked. Enforce requirements strictly. Dispose of materials lawfully. 1. Comply with requirements in NFPA 241 for removal of combustible waste materials ' and debris. 2. Do not hold materials more than 7 days during normal weather or 3 days if the temperature is expected to rise above 80 deg F (27 deg C). ' 3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. i , B. s. Site: Maintain Project site free of waste materials and debr C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary , for proper execution of the Work. 1. Remove liquid spills promptly. D. Installed Work: Keep installed work clean. Clean installed surfaces according to written , instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not ' damage exposed surfaces. E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space. , SECTION 01730 EXECUTION REQUIREMENTS PAGE 4 OF 6 F. Exposed Surfaces: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion. ' G. Cutting and Patching: Clean areas and spaces where cutting and patching are performed. Completely remove paint, mortar, oils, putty, and similar materials. 1. Thoroughly clean piping, conduit, and similar features before applying paint or other finishing materials. Restore damaged pipe covering to its original condition. H. Waste Disposal: Burying or burning waste materials on-site will not be permitted. Washing waste materials down sewers or into waterways will not be permitted . I. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. 1 J. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. K. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. 3.8 STA RTING AND ADJUSTING ' A. Start equipment and operating components to confirm proper operation. Remove malfunctioning units, replace with new units, and retest. ' B. Adjust operating components for proper operation without binding. Adjust equipment for proper operation. ' C. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment. D. Manufacturer's Field Service: If afactory-authorized service representative is required to inspect field-assembled components and equipment installation, comply with qualification requirements in Division I Section "Quality Requirements." 3.9 PROTECTION OF INSTALLED CONSTRUCTION A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. 3.10 CORRECTION OF THE WORK A. Repair or remove and replace defective construction. 1. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment. B. Restore permanent facilities used during construction to their specified condition. SECTION 01730 EXECUTION REQUIREMENTS PAGE 5 OF 6 C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without visible evidence of repair. D. Repair components that do not operate properly. Remove and replace operating components that cannot be repaired. E. Remove and replace chipped, scratched, and broken glass or reflective surfaces. END OF SECTION SECTION 01730 EXECUTION REQUIREMENTS PAGE 6 OF 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 [7 ~ TECHNICAL SPECIFICATIONS 1 1 C 0 0 0 1 C 1 1 ii 1 1 SECTION 02230 SITE CLEARING PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Protecting existing trees and vegetation to remain. 2. Removing trees and other vegetation. 3. Clearing and grubbing. 4. Topsoil stripping. B. Related Sections include the following: 1. Division 1 Section "Construction and Temporary Facilities" for temporary utilities, temporary construction and support facilities, temporary security and protection facilities, and environmental protection measures during site operations. 2. Division 2 Section "Earthwork" for soil materials, excavating, backfilling, and site grading. 3. Division 2 Section "Seeding" for fmish grading, including placing and preparing topsoil for lawns and planting. 1.3 DEFINITIONS A. Topsoil: Natural or cultivated surface-soil layer containing organic matter and sand, silt, and clay particles; friable, pervious, and black or a darker shade of brown, gray, or red than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than 2 inches (50 mm) in diameter; and free of weeds, roots, and other deleterious materials. 1.4 MATERIALS OWNERSHIP A. Except for materials indicated to be stockpiled or to remain Owner's property, cleared materials shall become Contractor's property and shall be removed from the site. 1.5 PROJECT CONDITIONS A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during site-clearing operations. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. 2. Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. SECTION 02230 SITE CLEARING PAGE 1 OF 3 B. Improvements on Adjoining Property: Work on adjoining properties is not included in the scope of this project. C. Salvageable Improvements: Carefully remove items indicated to be salvaged and store on Owner's premises where indicated. D. Notify utility locator service for area where Project is located before site clearing. , PART 2 -PRODUCTS ' 2.1 SOIL MATERIALS A. Satisfactory Soil Materials: Requirements for satisfactory soil materials are specified in Division 2 Section "Earth Work." PART 3 -EXECUTION ' 3.1 PREPARATION ' A. Protect and maintain benchmarks, survey control points, and monitoring wells from disturbance during construction. B. Provide erosion-control measures to prevent soil erosion and discharge ofsoil-bearing ' water runoff or airborne dust to adjacent properties and walkways. C. Locate and clearly flag trees and vegetation to remain or to be relocated. ' D. Protect existing site improvements to remain from damage during construction. 1. Restore damaged improvements to their original condition, as acceptable to Owner. 3.2 TREE PROTECTION ' A. Erect and maintain a temporary fence around drip line of individual trees or around perimeter drip line of groups of trees to remain. Remove fence when construction is complete. 1. Do not store construction materials, debris, or excavated material within drip line of ' remaining trees. 2. Do not permit vehicles, equipment, or foot traffic within drip line of remaining trees. ' B. Do not excavate within drip line of trees, unless otherwise indicated. C. Where excavation for new construction is required within drip line of trees, hand clear , and excavate to minimize damage to root systems. Use narrow-tine spading forks, comb soil to expose roots, and cleanly cut roots as close to excavation as possible. 1. Cover exposed roots with burlap and water regularly. 2. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil. 3. Coat cut faces of roots more than 1-1/2 inches (38 mm) in diameter with an , emulsified asphalt or other approved coating formulated for use on damaged plant tissues. 4. Cover exposed roots with wet burlap to prevent roots from drying out. Backfill with ' soil as soon as possible. SECTION 02230 SITE CLEARING ' PAGE 2 OF 3 1 D. Repair or replace trees and vegetation indicated to remain that are damaged by ' construction operations, in a manner approved by Engineer. 1. Employ a qualified arborist, licensed in jurisdiction where Project is located, to submit details of proposed repairs and to repair damage to trees and shrubs. ' 2. Replace trees that cannot be repaired and restored to full-growth status, as determined by the qualified arborist. E. Transplant trees and vegetation indicated to be relocated to the location designated by the ' Engineer, in a manner approved by Engineer. 1. Employ a qualified arborist or landscaping expert, licensed in jurisdiction where Project is located, to transplant trees and shrubs. 2. Operation shall be completed in such manner as to protect the root wad of the tree or other vegetation. ' 3.3 CLEARING AND GRUBBING A. Remove obstructions, trees, shrubs, grass, and other vegetation to permit installation of ' new construction. Removal includes digging out stumps and obstructions and grubbing roots. 1. Do not remove trees, shrubs, and other vegetation indicated to remain or to be relocated. 2. Cut minor roots and branches of trees indicated to remain in a clean and careful manner where such roots and branches obstruct installation of new construction. 3. Completely remove stumps, roots, obstructions, and debris extending to a depth of ' 18 inches (450 mm) below exposed subgrade. 4. Use only hand methods for grubbing within drip line of remaining trees. B. Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. 1. Place fill material in horizontal layers not exceeding 8-inch (200-mm) loose depth, ' and compact each layer to a density equal to adjacent original ground. 3.4 TOPSOII. STRIPPING A. Remove sod and grass before stripping topsoil. B. Strip topsoil to whatever depths are encountered in a manner to prevent intermingling ' with underlying subsoil or other waste materials. 1. Strip surface soil of unsuitable topsoil, including trash, debris, weeds, roots, and other waste materials. C. Stockpile topsoil materials away from edge of excavations without intermixing with subsoil. Grade and shape stockpiles to drain surface water. 1. Do not stockpile topsoil within drip line of remaining trees. 2. Dispose of excess topsoil as specified for waste material disposal. 3. Stockpile surplus topsoil and allow for respreading deeper topsoil. ' END OF SECTION SECTION 02230 SITE CLEARING PAGE 3 OF 3 1 1 1 1 il, SECTION 02300 EARTHWORK PART 1 -GENERAL L 1 RELATED DOCUMENTS S A. Drawings and genera] provisions of the Contract, including General and Supplementary Conditions, Division 1 Specification Sections and Special Provisions apply to this ' Section. 1.2 SUMMARY A. This Section includes the following: ' 1. Native soil (Evapo-Transpiration) ET layer excavation, embankment, and grading 2. Top Soil Layer 3. Reclaiming borrow area. 1 B. Related Sections include the following: 1. Division 1 Section "Temporary Facilities and Controls" for temporary controls, utilities, and support facilities. 2. Division 2 Section "Site Clearing" for temporary erosion and sedimentation control measures, site stripping, grubbing, stripping and stockpiling topsoil, and removal of ' above- and below-grade improvements and utilities. 1.3 DEFINITIONS A. Excavation: Removal of material encountered above subgrade elevations and to lines and dimensions indicated. 1. Authorized Additional Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions as directed by Engineer. Authorized additional excavation and replacement material will be paid for according to Section 01275 "Measurement and Payment or Contract provisions for changes in the Work. 2. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions without direction by Engineer. Unauthorized excavation, as well as remedial work directed by Engineer, shall be without additional compensation. B. Fill: Soil materials used to raise existing grades. C. Rock: Rock material in beds, ledges, unstratified masses, conglomerate deposits, and boulders of rock material 1 cubic yard or more in volume that exceed a standard penetration resistance of 100 blows/2 inches when tested by an independent geotechnical testing agency, according to ASTM D 1586. D. Structures: Buildings, footings, foundations, retaining walls, slabs; tanks, curbs, mechanical and electrical appurtenances, or other man-made stationary features constructed above or below the ground surface. SECTION 02300 EARTHWORK PAGE I OF 4 f f ace o E. Subgrade: Surface or elevation remaining after completing excavation, or top sur a fill or backfill immediately below subbase, drainage fill, or topsoil materials. F. Utilities: On-site underground pipes, conduits, ducts, and cables, as well as underground services within buildings. UALITY ASSURANCE 1 4 . Q A. Field Survey and Construction Tolerances: The Engineer will provide the initial horizontal and vertical control for earthwork as specified in the Special Provisions. The Contractor shall provide all additional surveys for line, grade and structural location. Construction tolerances shall be + 0.2 feet of line and grade. i mum B. Compaction: Specified percentages of compaction shall be the percentage of max density as specified in the Special Provisions. The Engineer will systematically measure the degree of compaction during the construction of embankment. Measurements will be , based on the moisture density curves already completed on native soils. Please see attached geotechnical information within Appendix B. If the Contractor wishes to have additional proctor test data, the Contractor shall be responsible to obtain, transport and pay for the additional laboratory tests. When, in the opinion of the Engineer, the field soil conditions differ from those represented by the curve, a new moisture density curve will be prepared and paid for by the Engineer and all subsequent compaction testing will be based on the results of the new curve. 1.5 PROJECT CONDTTIONS ' A. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by Engineer and then only after arranging to provide temporary utility services according to requirements indicated. 1. Notify Engineer not less than two weeks in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Engineer's written permission. 3. Contact utility-locator service for area where Project is located before excavating. B. Demolish and completely remove from site existing underground utilities indicated to be removed. Coordinate with utility companies to shut off services if lines are active. PART2-PRODUCTS 2.1 SOII., MATERIALS A. ET Layer Material: Native soil material for ET embankment shall be obtained from the borrow area as indicated on the plans. Embankment material shall be free of organic debris and deleterious material with no rocks greater than six inches. B. Topsoil Material: The topsoil materials for final cover shall be obtained from the designated borrow area, as shown on the plans. Topsoil shall be free of organic debris and deteriorating material with no rocks greater than 6 inches. , SECTION 02300 EARTHWORK PAGE 2 OF 4 PART 3 -EXECUTION 3.1 PREPARATION A. General: All sitework excavation and embankment shall consist of the excavation and embankment or disposal of any and all material regardless of type or nature obtained within the construction limits designated on the Plans. B. Line and Grade Control: Prior to beginning excavation, grading and embankment operations, the Contractor shall perform all necessary surveys for control of line and grade and establish firm and protected monuments for reference throughout the con- struction period. A sufficient number of such monuments shall be provided throughout the work to permit verification of the work within the tolerances specified. C. Protect structures, utilities, sidewalks, pavements, and other facilities from damage ted d h h d s crea azar er ot caused by settlement, lateral movement, undermining, washout, an by earthwork operations. D. Preparation of subgrade for earthwork operations including removal of vegetation, topsoil, debris, obstructions, and deleterious materials from ground surface is specified in Division 2 Section "Site Clearing." E. Protect and maintain erosion and sedimentation controls, which are specified in Division 2 Section "Site Clearing," during earthwork operations. 3.2 DEWATERING A. Prevent surface water and ground water from entering excavations, from ponding on prepared subgrades, and from flooding Project site and surrounding area. 3.3 EXPLOSIVES A. Explosives: Do not use explosives. 3.4 EXCAVATION, GENERAL A. Unclassified Excavation: Excavate to subgrade elevations regardless of the character of surface and subsurface conditions encountered. Unclassified excavated materials may include soil materials, and obstructions. No changes in the Contract Sum or the Contract Time will be authorized regardless of the character of surface and subsurface conditions encountered. ~, 1. If excavated materials intended for ET Layer include unsatisfactory soil materials and rock, replace with satisfactory soil materials. B. The Contractor shall utilize excavating equipment appropriate for the work being performed. The method of excavation shall be the Contractor's responsibility. All methods and equipment used shall result in finished work meeting the construction tolerances specified. No work shall be performed beyond the property line without prior written approval from the adjoining landowner. SECTION 02300 EARTHWORK PAGE 3 OF 4 3.5 3.6 3.7 3.8 EMBANKMENT A. Embankment shall be constructed of suitable on-site materials excavated or borrowed materials from approved sources. Embankment material shall consist of material free of vegetation. B. The topsoil shall be placed in one continuous 6-inch lift. C. Embankment for the ET layer shall consist of approximate lifts between 18-and 24-inches thick. The ET layer shall be placed at a density not to exceed 85% of standard proctor density. D. Embankment material shall not be excessively dry or wet when placed. If necessary, the Contractor shall manipulate the material as required to assure that compaction will be performed at or near the optimum moisture content given in the moisture density curve. RADING G A. General: Uniformly grade areas to a smooth surface, free of irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated. 1. Provide a smooth transition between adjacent existing grades and new grades. 2. Fill low spots, and trim high spots to comply with required surface tolerances. FIELD QUALITY CONTROL A. The Engineer will make periodic tests for compaction according to the schedule detailed within the Special Provisions. ' B. Tests shall be evenly and randomly distributed under the direction of the Engineer. The Engineer reserves the right to request more extensive testing if materials, moisture, compaction equipment or other procedures change during embankment placement. PROTECTION A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. B. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. 1. Scarify or remove and replace soil material to depth as directed by Engineer; and ~. reshape. C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing. 1. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to greatest extent possible. END OF SECTION SECTION 02300 EARTHWORK PAGE 4 OF 4 SECTION 02370 EROSION CONTROL AND SEDIMENT RETENTION STRAW ROLLS ~~ L s 1 t PART 1 -GENERAL 1.1 DESCRIPTION A. Work in this section consists of furnishing materials, supplies, labor, equipment and performing all operations in connection with erosion control on closure slope and construction perimeter with the use of straw rolls according to specifications. 1.2 QUALITY ASSURANCE A. Qualifications of Workmen 1. Provide at least one person who shall be present at all times during execution of this portion of the work and who shall be thoroughly familiar with the type of materials being installed and the best methods for their installation and who shall direct all work performed under this section. 1.3 PRODUCT HANDLING A. Protection B. Delivery 1. Straw roll labeling and shipment shall follow the manufactures written storage and handling procedures. Product labels shall clearly show the manufacturer or supplier name, straw roll diameter and length. C. Storage 1. During storage, straw rolls shall be elevated off the ground and adequately covered to protect them from the following: site construction damage, precipitation, extended ultraviolet radiation including sunlight, chemicals that are strong acids or strong bases, flames including welding sparks, excess temperatures, and any other environmental conditions that may damage the physical property values of the rolls. D. Samples and Certificates 1. Certificates attesting that the following material meet the requirements specified, shall be submitted to the Engineer/Owner's Representative. a. Straw Rolls PART 2 -MATERIALS 2.1 STRAW ROLLS A. Straw Rolls shall be manufactured from rice straw and be wrapped in a tubular plastic netting. The netting shall have a strand thickness of 0.03 inch, and a knot thickness of 0.055 and a weight of 0.35 ounce per foot (each +/- 10%) and shall be made from 85% high density polyethylene, 14% ethyl vinyl acetate and 1% color for UV inhibition. Straw SECTION 02370 EROSION CONTROL AND SEDIMENT RETENTION STRAW ROLLS PAGE 1 OF 3 t Rolls shall be nine inches in diameter (+/- one inch), twenty-five feet long (+/- 0.5 feet) and weigh approximately 35 pounds (+/- 10%). PART 3 -EXECUTION 3.1 SURFACE CONDITION A. Inspection 1. Prior to all work of this section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence. Verify that seeding may be completed in accordance with the original design and the referenced standards. B. Discrepancies 1. In the event of discrepancy, immediately notify the Engineer/Owner's Representative. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. 3.2 SITE PREPARATION A. Proper site preparation is essential to ensure complete contact of the sediment retention device (straw roll) with the soil. B. The slope shall be prepared to receive the surface mulching/re-vegetation treatment prior to installation of the erosion control and sediment retention straw rolls. C. Remove all rocks, clods, vegetation or other obstruction so that the installed straw rolls will have direct contact with the soil. D. A small trench 2-3 inches in depth shall be excavated on the slope contour and perpendicular to water flow for installation of the straw roll. Soil from the excavation should be placed down-slope next to the trench. 3.3 INSTALLATION A. Install the straw rolls in the trench, insuring that no gaps exist between the soil and the ~ bottom of the straw roll. The ends of adjacent rolls shall be tightly abutted so that no opening exists for water or sediment to pass through. Alternately, rolls may be lapped, 6" minimum to prevent sediment passing through the field joint. B. Wooden stakes shall be used to fasten the rolls to the soil. When conditions warrant, a straight metal bar can be used to drive a "pilot hole" through the roll and into the soil. C. Wooden stakes (18" -24") shall be placed 6" from the straw roll end angled towards the adjacent roll and spaced at 4 feet on center. Stakes shall be installed so that 1-2 inches of stake is exposed above the roll. D. Backfill the upslope length of the roll with the excavated soil and compact per manufacturer's specifications. SECTION 02370 _ EROSION CONTROL AND SEDIMENT RETENTION STRAW ROLLS PAGE 2 OF 3 E. F G Care shall be taken during installation so as to avoid damage occurring to the roll as a result of the installation process. Should the straw roll be damaged during installation, a wooden stake shall be placed either side of the damaged area terminating the log segment. Any roll damaged during placement shall be replaced as directed by the Engineer, at the contractor's expense. Straw rolls shall be left as installed to degrade over time. END OF SECTION SECTION 02370 EROSION CONTROL AND SEDIMENT RETENTION STRAW ROLLS PAGE 3 OF 3 1 ~_ 1 t it 1 I~ PART ONE -GENERAL 1.1 DESCRIl'TION SECTION 02627 LEACHATE COLLECTION SYSTEM A. This item consists of elements necessary to construct leachate collection system/cleanout extensions. System components include collection pipe and cleanouts with related appurtenances. The work consists of providing all materials, tools, equipment and labor necessary to install the leachate collection system/cleanout extensions as shown on the Plans. Work items include: 1. Furnishing and installing 6" HDPE leachate collection pipe 2. Furnishing and installing steel cleanout extensions with lockable caps PART TWO -MATERIALS 2.1 HDPE LEACHATE COLLECTION PIPING EXTENSIONS A. Materials. The polyethylene piping material used shall have a cell classification of 345434C or better, in accordance with ASTM D3350-84 Standard Specification for Polyethylene Plastics Pipe and Fittings Materials, or most recent revision thereof. 1. It also shall conform to ASTM F714-89a Standard Specification for Polyethylene (PE) Plastic Pipe (SDR-PR) Based on Outside Diameter, or most recent revision thereof. 2. All piping and screen materials shall be listed by the Plastic Pipe Institute (PPI) with a designation of PE 3408. All polyethylene pipe shall be supplied in Nominal Diameter and Standard Diameter Ratio (SDR). 3. Piping shall be 6" SDR 17 solid wall pipe. 2.3 STEEL CLEANOUT EXTENSIONS A. The protective steel cleanout extension assembly shall consist of 10" diameter steel piping, hinged locking cap (locking cap to consist of hinged plate steel cap equipped with plate 1 hasp; hasp will lock with hasp welded to pipe). PART THREE -INSTALLATION 3.2 LEACHATE COLLECTION PIPING/CLEANOUT EXTENSIONS A. The leachate collection piping and steel protective cleanout extensions shall be configured to the existing cleanout locations shown on the Plans. The HDPE piping shall be butt fusion welded to the existing piping per manufacturer's specifications. The existing steel protective cleanout piping shall be exposed and cut to facilitate welding of new steel pipe cleanout material. The piping/cleanout trenches shall be prepared such that the piping may be backfilled with native material in accordance with Section 02221 of the Montana Public Works Specifications as Type A Trench Backfill (no pipe bedding is required). SECTION 02627 LEACHATE COLLECTION SYSTEM PAGE 1 OF 2 The Contractor will allow no heavy equipment to travel over the leachate collection system/cleanout lines until the ET soil layer has been placed. Any damage to the LCS piping system or liner shall be repaired by the Contractor. END OF SECTION SECTION 02627 LEACHATE COLLECTION SYSTEM PAGE 2 OF 2 t 1 1 1 L~ fl PART 1 -GENERAL 1 1 1.1 DESCRIPTION SECTION 02925 SEEDING A. Work in this section consists of furnishing materials, supplies, labor, equipment and performing all operations in connection with fmish grading of topsoil, and preparation thereof for seeding, fertilizing, hydro-mulching, erosion control, maintenance and protection of all planted aY~as. All disturbed exterior areas within the construction limits, except surfaces occupied by buildings and structures and paving, and areas indicated to be undisturbed shall be seeded. All seeded areas will be drill seeded, if possible, according to the specifications. 1.2 QUALITY ASSURANCE A. Qualifications of Workmen 1. Provide at least one person who shall be present at all times during execution of this portion of the work and who shall be thoroughly familiar with the type of materials being installed and the best methods for their installation and who shall direct all work performed under this section. 1.3 PRODUCT 1-IANDLING A. Protection 2. Seed. -Seed shall be delivered in original sealed packages bearing the Producer's guaranteed analysis of percentages of mixtures, purity, germination, weedseed content, and inert material. Seed shall be labeled in conformance with the U.S. Department of Agricultural rules and regulations and applicable State seed laws. Seed that has become wet, moldy, or damaged, will not be acceptable. 3. Fertilizer. -Fertilizer shall be delivered to the site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name, trademark, and conformance with State and Federal laws. In lieu of containers, materials maybe furnished in bulk and a certificate indicating the above information shall accompany each delivery. 4. Storage. -Seed, hydromulch, hydromulch binder and fertilizer shall be kept in dry storage away form contaminants. B. Samples and Certificates 1. Samples & Certificates. -Certificates attesting that the following material meet the requirements specified, shall be submitted to the Engineer/Owner's Representative. a. Seed b. Fertilizer 2. Manufacturer's Literature. -Manufacturer's Literature on the following materials shall be submitted to the Engineer/Owner's Representative. SECTION 02925 SEEDING PAGE I OF 6 a. Mulch b. Hydromulch binder C. Replacements In the event of rejection of the seed, immediately make all replacements necessary to the approval of the Engineer/Owner's Representative and at no additional cost to the Owner. D. Schedule 1. Seasonal Limitations.- Install seed mixes during the specified time periods. If special conditions exist that may warrant a variance in the specified plant dates or conditions, a written request shall be submitted to the Engineer/Owner's Representative stating the special conditions and proposed variance. PART 2 -MATERIALS 2.1 SEED A. General. -Contractor shall submit certification tags for approval. All grass seed shall be: * Free from noxious weed seeds and recleaned Grade A recent crop seed * Treated with appropriate fungicide * Delivered to the site in sealed containers with dealer's guaranteed analysis. NATIVE BASS SEED• MIX #1 Grass Species % Mixture * Brome Grass 20% * Orchard Grass 40% * Tall Fescue 25% * Timothy 0 1 ° * Annual Rye 5% 25 lbs/acre Total B. Topsoil. -Topsoil shall be obtained from the on-site borrow area shown on the Plans. 2.2 FERTII.,IZER A. General. -Fertilizer to be spread on areas to be seeded shall be commercially prepared and shall contain the following percentages by weight: 16% nitrogen 16% phosphoric acid 16% Potash .5% Zinc SECTION 02925 SEEDING PAGE 2 OF 6 Commercial fertilizer shall be complete, uniform in composition, dry and free flowing. The fertilizer shall be delivered to the site in the original waterproof containers, each bearing the manufacturer's statement of analysis. 1 1 i ~~ 1 1 PART 3 -EXECUTION 3.1 SURFACE CONDITION A. Inspection 1. Prior to all work of this section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence. Verify that seeding maybe completed in accordance with the original design and the referenced standards. B. Discrepancies 1. In the event of discrepancy, immediately notify the Engineer/Owner's Representative. 2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. 3.2 SUBGRADE PREPARATION A. Subgrade Preparation 1. Subgrade bed preparation shall pertain to the preparation of the surface of the ET layer to receive the topsoil. The soil shall be hand or machine raked so as to remove all debris, clods, stones, or other foreign matter larger than 1 inch, to a depth of 4 inches. Prior to dumping and spreading of topsoil, the surface shall be scarified to a minimum depth of 2 inches to facilitate bonding of topsoil to ET subgrade soil. Prior to spreading topsoil, all subgrades shall be graded evenly according to the Contract Documents. 2. Such debris, clods, rocks, and other material so removed shall be disposed of off the immediate property. Seed bed preparation shall not commence until the moisture conditions make the ground area and soil friable. 3.3 TOPSOIL PLACEMENT A. Spreading 1. Topsoil shall be mixed with 2 inches of compost to 4 inches of topsoil. The topsoil shall be spread evenly on the prepared areas to a minimum depth of 6 inches after machine compaction. Spreading shall not be done when the ground or topsoil is frozen or excessively wet. After spreading, any large, stiff clods or hard lumps shall be broken up and the ground shall be hand or machine raked to remove all debris, stones, or foreign matter larger than 1 inch to a depth of 6 inches. B. Finish Grading 1. Grade the areas to finish grades (as shown on the Plans) filling as needed or removing surplus dirt and floating areas to a smooth uniform grade. Rake and SECTION 02925 SEEDING PAGE 3 OF 6 u level as necessary to obtain true even surfaces. All fmish grades shall meet the approval of Engineer/Owner's Representative before seed is sown. C. Seed Bed Preparation 1. After finishing grading or just before seeding, the areas to be seeded shall be loosened to provide a rough, firm but finely pulverized seed bed. This should be accomplished by uniformly dozer tracking perpendicular to side-slopes. The intent is a texture capable of retaining water, seed, and fertilizer while remaining stable and allowing seed time to germinate. Seed shall be applied to the conditioned seed bed not more than 48 hours after the seed bed has been prepared. 2. If there has been a time lapse between the placement of topsoil and seeding operations to allow it to become settled and compacted on the surface, the area to be planted with seed shall be thoroughly harrowed, worked to a depth of 4 inches so as to provide a surface of such condition that it will allow hand raking and application of the seed in compliance with these specifications. D. Fertilizer/Soil Amendments 1. Application of fertilizer will be in two stages. Prior to application of seed, fertilizer shall be applied at the rate of 1.5 lbs/1000 S.F. for native grass areas. Fertilizer shall be applied by broadcasting, hydroseeding or drill methods, it shall be applied separately from the seed and mixed into the soil to a minimum depth of 2 inches and maybe incorporated as part of the topsoil placement and seed bed preparation operation. di S E ng ee . 1. Immediately prior to the application of the seed, the soil shall be loose to a depth of at least 1 inch and free from all material as specified. If soil is too loose or dry for good handling, it should be moistened and rolled lightly. 2. Seeding shall be done within the specified time periods and a at the following rates: 3. Seed shall be sown at a rate of 25 lbs/acre for Native Grasses and shall be planted in the spring from April 1st to May 15th or in the Fall from October 15th to November 15th. F. Methods 1. All seeding will be completed by drill seeding unless otherwise permitted by the Engineer. Hydraulic seeding or mulching shall not be completed during adverse , weather. 2. Areas sown will be visually inspected for uniformity of application. Areas which fail to reveal an average of two seeds per square inch will be resown at no additional expense to the Owner. 3. The applied seed, regardless of application, shall be covered by a soil thickness no greater than 1 /2 inch. a. Seeding by Drill: -Seeding by drill will be conducted unless otherwise approved by the Engineer. Seeding equipment used for applying grass seed must be designed, modified, or equipped to regulate the application rate and planting depth of grass seed. Seed must be uniformly distributed in the drill hopper during the drilling operation. All grass establishment equipment shall be operated perpendicular to the slope drainage. A drill shall be no wider than the width of the area in which it is to operate. The SECTION 02925 SEEDING ~ PAGE 4 OF 6 ~ ~~ rows of planted seeds shall be a maximum of 4 inches apart and shall be at right angles to the fmished slopes with a second pass at a skew to the initial direction. b. Broadcast seeding: -Broadcast seeding will not be permitted unless otherwise approved by the Engineer. When seed is sown by broadcasting, exercise great care that a uniform distribution of seed is obtained. Seeding shall be done on a still day using a hopper type seeder with one half of the seed for each area being sown at right angles to the other half. Seed distribution by broadcasting shall be covered with 1 /4 to 1 /2 inch of soil. The seed maybe covered by raking, dragging, or by appropriate mechanical means. c. Hydraulic Seeding: -Unless otherwise approved by the Engineer all seed will be applied by drill seeding. When hydraulic seed is used, seed and mulch shall be applied in separate and distant operations except for the following: The Contractor must provide one pound of mulch per each three gallons of water in the hydroseeder as a cushion against seed 1 damage. The mulch used as a cushion maybe part of the total required mulch with the remainder applied after the seed is applied metering during application. The application of seed slurry shall be made with equipment having abuilt-in agitation system and operating capacity sufficient to agitate, suspend and homogeneously mix a slurry containing water, seed, and mulch of seed. The slurry shall be sprayed over the soil in a uniform coat. All hydraulically seeded areas shall be hydromulched upon completion. Protection: -Protect all seeded areas by erecting temporary ~; fences, bamers, signs, etc. as necessary to prevent trampling. They shall remain in place for at least six weeks unless other 1 arrangements are made with the Engineer/Owner's Representative. 3.4 MAINTENANCE A. General 1. Maintain all Native grass seeded areas until a uniform plant coverage at a minimum density of 5 healthy plants per square foot is achieved and is free of excessive weed growth. Maintain for 60 days after fmal inspection. B. Work Included I . All areas shall be watered carefully as necessary so that they are not permitted to dry out or to form puddles of water. 2. Repair any portion of the surface that becomes gullied or otherwise damaged following seeding. 3. Prior to acceptance of the project, the Contractor shall remulch all areas from which the original mulch may have been washed or blown. If the original seed bed and seeding is damaged due to the displacement of mulching material, the seed bed shall be repaired and reseeded before mulching at no additional cost to the Owner. SECTION 02925 SEEDING PAGE 5 OF 6 1 C. Replacements 1. Any area that fails to produce an adequate stand of grass cover shall be reseeded by Contractor at no additional expense to the Owner, provided that such failure is caused by carelessness, neglect, or actual injury on the part of workmen of other individuals under the contractor's direction or control. 2. Replacements required because of vandalism or other causes beyond the control of the Contractor are not part of the Contract. D. Extension of Maintenance Period 1. Continue the maintenance period at no additional cost to the Owner until all previously noted deficiencies have been corrected at which time the fmal inspection shall be made. See 3.4.1 above, this page. END OF SECTION i] SECTION 02925 SEEDING PAGE 6 OF 6 APPENDIX A Erosion Control Plan/Notice of Intent/ Storm Water Prevention Plan ii i~ i~ 1 1 e 1 t 1 1 t EROSION CONTROL PLAN for STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY (Revised 3/15/99) Note: this site-specific signed erosion control plan must be submitted to the department for ' approval, along with the signed application and application fees, at least thirty (30) days prior to beginning construction activitites (including clearing, grading, excavating). A copy of this plan must be kept at the construction site. Any plan which requires engineered structures, such as detention ponds or diversion structures, or which would result in soil and vegetative disturbs of 20 acres or more, must be prepared under the direction of and certified by a registered professional engineer. The erosion control plan shall include at least the following items: A. PROJECT TRACHING SUMMARY 1. General Discharge Permit # MTR: 2. Project Name City of Bozeman Landfill Phase 2 Closure Proiect Project # 3. Project Address: 2143 Storv Mill Road Bozeman MT 59771 County Gallatin County Township 1S Range 6E Section 30 1/4 Section SE GIS Coordinates (if available) 4. Owner & Contractor Name & Address: a. Owner: City of Bozeman P.O. Box 1230 Bozeman. MT 59771 b. Contractor: Part II.C.2.a. Site & Project Description (1) Describe the overall nature of the construction & soil disturbance activities The project consists of the construction of an 11 acre soil cover svstem to overlie the remaining portions of the Cit of Bozeman Landfill which have reached their final waste elevations. Construction elements include a 5 5-foot thick final cover svstem comprising a 5-foot thick native soil lam and 0 5 foot thick native t~soil laver Other work includes leachate cleanout extensions, reclamation of borrow area seeding and erosion control. Provide a timetable for major construction and earth disturbance activities. 'll be 'n in S tember 2008 and be com leted in December 2008. rr~~ ect wi ~ ~ (2) Total area of the site (acres) 201 acres , Acreage of associated development (e.g. Phased development project) 22 acres Area expected to undergo clearing, excavation, grading 22 acres t (If total land disturbance > 20 acres, a registered professional engineer shall develop ECP.) ' um: check all features shown on (3) Develop Erosion Control Map(s) indicating, as a minim map): (a) Overview map. See Figure 1 project boundaries & limits of disturbances. See Attached Site Map define state waters (e.g. ephemeral, intermittent, perennial streams; ponds, lakes, wetlands, springs, 100 year flood-plain etc.) (b) ECP BMP Detailed Map. t See Fi urn e 1 define soil salvage and stockpile (soil & subsoil areas, define cut and fill slopes greater than 5' in vertical height, drainage patterns (upslope, project area & discharges), approximate slopes anticipated after major grading activities, location of all erosion control facilities or structures, vegetative controls (e.g. buffer strips, enhancement areas, outflows), major impervious structures (e.g. buildings, roads, parking lots, etc.), Are sand & gravel excavation and/or crushing operations associated with project? NO B. Controls 1. Tem orary Stabilization Practices: p X temporary seeding _ mulching X straw rolls erosion control blankets _ straw bale dikes _ temporary drain diversion _ temporary sediment basins brush barriers 1 1 1 1 1 1 Other practices: Existing surface water ditches and stormwater detention pond. Permanent Stabilization Practices: Provide the runoff coefficient if diversion structures and/or detention structures will be used. X permanent seeding sod stabilization check dams X vegetative buffer strips X grassed waterways erosion control blankets X drainage swales earth dikes pipe slope drain level spreader subsurface drain sediment traps drain inlet protection X sediment basin/pond rock outlet protection terraced slopes retaining walls Other practices: 25 ,year 24 hour storm water detention pond already exists on site as Industrial permit control. 3. Storm Water Management Controls: _ wet pond(s) or man-made wetland(s) X infiltration trench(es) or basin(s) dry pond(s) flow attenuation by use of vegetative waterways and natural depressions (most highway projects) 4. Narrative Sequence of Major Activities and Time Frames for Each: Other practices: Installation of BMPs -September 2008 Stripping & Stockpiling of Topsoil -September 2008 Construction of New Facilities -September -December 2008 Application of Topsoil, Reseeding, and Fertilizing -December 2008 5. Waste Disposal (List disposal methods for construction waste materials, hazardous waste, and sanitary wastes): All construction wastes will be hauled by the Contractor to the licensed landfill cell on site No hazardous wastes are expected to be generated. Sanitary wastes will be handled with an on site portable toilet which will be periodically pumped and the wastes disgosed of at an approved site 6. Off site Vehicle Tracking: Vehicle tracking will be mana~~ed with periodic road grading and dust suppression The Contractor will clean up any off-site vehicle tracking on a daily basis. C. Maintenance /Inspection Procedures List the Maintenance and inspection procedures to be conducted at the site and the person who will conduct the inspections. During construction Great West Engineering will have an engineer on the prof ect site This person will insure the contractor is adhering to all provisions of this erosion control plan The BMPs will be inspected on a weekly basis and after all maior run-off events. If deficiencies are noted the En 'Weer will have the Contractor correct these problems. Proiect Engineer Robert Church P E Great West Engineering D. Spill Prevention and Materials Storage Practices 1. Materials Inventory -check those materials which will be present at the site during construction: Concrete Detergents X Fertilizers Pesticides Paints X Fuel Solvents Metal Studs X Lumber Masonry Blocks Tom' X Petroleum Based Products Roofing Shingles List any other materials to be used or stored on-site: HDPE Wiping. 2. The following product specific storage practices will be followed on-site: Petroleum and Paint Products: Petroleum to be stored in an approved above around, on-site fuel tank. Fertilizers and Pesticides: Fertilizers to be stored in a sheltered above ground location. Hazardous Materials: Not present at site. Concrete Truck Wastewater Disposal: Not Applicable. 3. In addition to the good housekeeping and material management practices discussed in the previous sections of this plan, the following practices will be followed for spill prevention and clean-up: If a mill occurs the soil will be excavated and disposed of at a suitable disposal facilit~in accordance with state regulations. 4. Describe sand & gravel operations that will be in use related to the project. All native soils required for embankment will be excavated. Attach a site map of each sand and gravel operation and indicate the location of pits, stockpiled material, BMPs (if any) to control runoff, surface waters, and areas where chemicals or materials are stored. To Be Completed by Contractor. 5. Describe the temporary asphalt batch plant operations related to this project if a highway project. Attach a site map for the asphalt batch plant operation and indicate the location of surface waters, equipment for asphalt production, stockpiles, and chemical or material storage areas. Not Applicable 1 i t 1 1 t 6. Attach a map of the site and indicate the location of erosion control practices to be used, storage location of various materials stockpiles, cut and fill slopes, and state waters. See attached Figures OWNER CERTIFICATION ' I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or ' persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Owner ' Date i~ CONTRACT CERTIFICATION I certify under penalty of law that I understand the terms and conditions of the general Montana Pollutant Discharge Elimination System (MPDES) permit that authorizes the storm water discharges associated with construction activity from the construction site identified as part of this certification. Further, by my signature, I understand that I ambecoming a co-permittee, along with the owner(s) and other contractors and subcontractors signing such certifications, to the general MPDES permit for the storm water discharges associated with construction activity from the identified site. Asa co- permittee, Iunderstand that I, and my company, are legally required under the Clean Water Act, to ensure compliance with the terms and conditions of the storm water erosion control plan developed under the MPDES permit and the terms of the MPDES permit. Contractor i Date ' Responsible For Contractor Date Responsible For 1 C~ Application Number Date Received 1 1 ii 1 ~ A enc Use ~ i N o.: Perm t ~.~~~~~ ~,~~~~~ ~~ Date Recd Amount Recd ~~~ II~ Check No. WATER PROTECTION BUREAU Recd By Storm Water Pollution Prevention Plan (SWPPP) Form FORM SWPPP Storm Water Discharge Associated With Construction Activity MTR100000 READ THIS BEFORE COMPLETING FORM: Before completing this form all parties need to read the General Permit, particularly Part IV on SWPPPs. This SWPPP Form is intended to assist operators in developing a SWPPP which complies with Part IV of the General Permit. The term "Storm Water Pollution Prevention Plan" is defined in the Administrative Rules of Montana 17.30.1002(31). The SWPPP is a document which is developed to direct and assist permittees in identifying sources of potential pollutants at the construction activity site, and Best Management Practices (BMPs) to be used to help ensure such pollutants do not impact receiving surface waters through storm water runoff. It is the permittee's responsibility to ensure all required items in the General Permit are adequately addressed, and that the SWPPP is developed, implemented, and maintained. Additional narrative information may need to supplement this SWPPP Form in order to meet these requirements. A copy of the SWPPP must be maintained at the construction activity site as required in Part III.C. of the General l Permit. Sections B, C, and D on this SWPPP Form must state information exactly the same as that indicated on the NOI Form. Attach additional pages as necessary with the item number on this form indicated. For coverage under the General Permit to be valid upon the submittal of a NOI package, the NOI package must include a complete NOI Form, SWPPP, and fee. Do not submit these items separately. The 2007 General Permit, 2002 Fee Schedule, and related forms are available from the Storm Water Program at (406) 444-3080 or http•//www deq state mt us/wginfo/MPDES/StormwaterConstruction.asp. Section A -SWPPP Status (Check one): O New No prior SWPPP submitted for this site. O Modification Permit Number: MTR10 (Please specify these four numbers) _ _ _ _ I Section B -Facility or Site Information: Site Name City of Bozeman Landfill Phase 2 Closure Project Site Location City of Bozeman Landfill 2143 Story Mill Road, Bozeman, MT Nearest City or Town Bozeman County Gallatin Section C -Applicant (Owner/Operator) Information: Owner or Operator Name City of Bozeman Landfill I Mailing Address PO Box 1230 City, State, and Zip Code Bozeman, MT 59771 ` Phone Number (406) 582-2320 l SW-1 Page ] of 9 Version 1.0 Section D -General SWPPP Requirements: 1. Brief Description of Purpose and Nature of Construction Activity: The project consists of the construction of an 11-acre soil cover system to overlie the remaining portions of the City of Bozeman Landfill which have reached their final waste elevations. Construction elements include a 5.5-foot thick final cover system, comprising a 5-foot thick native soil layer and 0.5-foot thick native topsoil layer. Other work includes leachate cleanout extensions, reclamation of borrow area, seeding, and erosion control. Z. Proposed Implementation Schedule for Major Activities. In addition to major activities, include the estimated dates for the start and completion of the construction project, as well as the estimated date final stabilization ~:~ill hr cnmr~lPtP~ ' Stripping and stockpiling of topsoil -September 2008 Construction of final Cover System -September-November 2008 ing and Fertilizing -November-December 2008 3. Estimate of Total Area of the Site (and all other sites if a phased development pro~ect~: 22 4. Estimate of Total Area of the Site Expected to Undergo Disturbance Related to Construction Activity: 22 1 1 1 Page 2 of 9~ Version 1.0 SW-1 5. Check to confirm a site map has been developed and included with this SWPPP which indicates all required ' information stated in Part IV.G.I.c. of the General Permit: ~ Yes 6. Are sand & gravel excavation, other borrow areas, and/or crushing operations associated with project? C~ Yes ~ No 7 ~i 1! 1 1 Are temporary asphalt batch plant operations associated with this project? ®Yes ~ No If yes, be sure to include the requested information about these areas on the site map, or a similar separate map, as stated in PartIV.G.I.c. of the General Permit. 8. Estimate of Runoff Coefficient and Increase In Impervious Area (refer to Yart lv.ti. i.e. oz ine venerai rGiiiiit r~„l~~ anr~l;ec ;f total construction-related disturbance is 5 acres or more): - ~ .. Runoff coefficient is .3 based on steep terrain with silt loam. Version l.0 SW-1 Page 3 of 9 Describe the character and erodibility of soil and other earth material to be disturbed at the project site, ;n~lnrlina rot/fill material to he used: 9. Indicate Names of Receiving Waters and Describe the Size, Type, and Location of each Point Source T:,.,.L.,.«,.._, ..,. (1„*Foll lrafPr to Part TV ~T_ 1.f of General Permit): 'Receiving water flows into an intermittent stream to the north of Churn Creek. The site exhibits no particular discharge point and flow patterns drain in the northwest direction into the intermittent stream. 10. P°^^"'''° c*n,-.,, vvarPr n;~~haruPC From Su~nort Activities (refer to Part 1V.Ci.1.g. or t~enera~ rc~~~~l~~. The project consists of only 1 support activity which is the storage of topsoil. This area will be surrounded by (straw rolls. 1 1 SW 1 Page 4 ofl~ ' Version 1.0 Section E - SWPPP BEST MANAGEMENT PRACTICES (BMPs) AND STORM WATER MANAGEMENT CONTROLS t T~eccrihe Annlicable Local Erosion and Sediment Control Requirements: Version 1.0 -• - ------- --rr------ There are no known requirements. 2. Describe in detail, temporary BMPs and storm water management controls which will be used for erosion and/or sediment control during construction-related earthwork activities. Indicate the location of these measures on the site map required above, or a similar separate map, as much as practicable. Include a schedule for implementation for each of these measures. Attached details and specifications may be used to supplement this description. Refer to Parts IV.G.2.a, b, c. of the General Permit. Examples of temporary measures could include but are not limited to: slope roughening; vegetative buffer strips; sediment control (silt) fences; straw bale dikes; erosion control blankets/mats; temporary drain diversions; minimizing clearing; temporary sediment basins/traps; mulching; temporary seeding; brush barriers; up-slope runoff diversions/controls; inlet/outlet protection; disturbance area runoff diversions/controls; waterway protection; and, ditch runoff flow dispersers (e.g. level spreaders)/flow inhibitors. Temporary BMP's and storm water management controls include straw rolls around the construction boundary and minimizing clearing to maintain an area of vegetative growth between the construction site and the straw rolls. Existing ditches will also be preserved when possible to handle and direct overland flow. SW-1 Page 5 of 9 3. Describe in detail, permanent and structural BMPs and storm water management controls which will be used for erosion and/or sediment control during and after construction-related earthwork activities. These would include measures to achieve final stabilization (as defined in Part VI.8. of the General Permit). Indicate the location of these measures on the site map required above, or a similar separate map, as much as practicable. Attached details and specifications may be used to supplement this description. Refer to Parts G.2.a., b. of the General Permit. Examples of permanent measures could include but are not limited to: permanent seeding; check dams; retaining walls; drain inlet protection; rock outlet protection; drainage swales; sediment basin & traps; earth dikes; manmade erosion control structures; grassed waterways; sod stabilization; infiltration trenches or basins; subsurface drains; level spreader; terraced slopes; tree or shrub planting; pipe slope drains; .,o„o~.,+;.,o l.nffar ~,,-;.,~• rletPntinn n~nds: and. containment ponds. Permanent structural BMP's and storm water management controls include permanent seeding and fertilization all areas disturbed during construction. Existing ditches are to be used to direct overland flow away from the landfill area. All stormwater from the area at the closure work will be directed to the site's existing stormwater detention pond. The landfill operation is covered under a General Discharge Permit for Industrial Activity. 4. Describe what products or wastes may be stored or utilized at the construction activity site, indicate on the site map as required above, and indicate what BMPs will be used to minimize potential pollutants from these materials coming into contact with storm water runoff. Examples of products or wastes could include but is not limited to: fuels; tar or asphalt; cement or mortar; concrete truck wastewater; solvents; detergents; steel; roofing materials; fertilizers; paints; pesticides; other petroleum-based materials; other hazardous materials r;,,..t,,.a;,,~. «,~ctael•anrl cnlid wacteS_ None. 1 1 L 1 SW-1 Page 6 of 9'" I Version 1.0 Describe any other good-housekeeping measures to be used to help minimize non-sediment pollutant contact with storm water runoff. ~~ 6. Describe any measures that will be used to prevent vehicle tracking of sediment from the construction site onto roads (examples include a graveled access entrance and exit drives and parking areas, and a tire wash nad at exit drivel: I drip pans, pans under fuel trucks. Gravel access road and access entrance. 7. When trucking saturated soils from the site, either tight leak-proof trucks must be used or loads must be required to drain until drippage has been reduced to less than 1 gallon per hour before leaving the site. Will saturated soils be trucked from the site? ®Yes O No 8. Describe man-made and natural measures to control pollutants in storm water discharges after construction operations have been completed. Refer to Part IV.K. of the General Permit. Examples include: vegetative waterways and natural landscape; infiltration trenches or basins; storm water detention structures; wet ponds ~..... .,ao ..o+lo.,.io• ~r.i etnrm water rnntainmerit CtrllCtllreS. Man-made and natural measures to control pollutants in storm water discharges after construction include existing vegetative waterways, natural landscape, and storm water detention structures. Version 1.0 SW-1 Page 7 of 9 9. BMPs must minimize or prevent "significant sediment" (as defined in Part V.T.13. of this General Permit) from leaving the construction site. If "significant sediment" (as defined in Part VI of this General Permit) results from the failure of erosion or sediment control measures, the material should be cleaned up and placed back on site, disposed of in an acceptable manner which minimizes any impact to state surface water. The sediment must not be washed into the storm sewer(s), drainageway(s), or receiving state surface waters. The permittee must document the clean-up action in accordance with the inspection and monitoring requirements of Part III.C of this permit. This requirement does not waive any obligations for the permittee to obtain other permits or permissions to clean up the "significant sediment." Section F -Inspection and Maintenance Describe inspection procedures and BMP maintenance procedures to ensure compliance with Part III.A. of the General Permit. As a part of this, describe measures to identify and address non-storm water discharges should they occur Inspection and maintenance of the BMPs shall include visually checking for voids in the straw rolls and repairing these voids. Checking for blockages in the on-site drainage ditches and removing debris should a blockage occur .Should anon-storm water discharge occur it shall be routed to the on-site storm water detention pond. ~I 1 ~I 1 u 1 1 Page 8 of 9 Version 1.0 SW-1 1 i r~ Section G -CERTIFICATION. Permittee Information: This SWPPP must be completed, signed, and certified as follows: • For a corporation, by a principal officer of at least the level of vice president; • For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or • For a municipality, state, federal, or other public facility, by either a principal executive officer or ranking elected official. Alternatively, this SWPPP may be signed by a duly authorized representative of the person above. A person is a duly authorized representative only if: • The authorization is made in writing by a person described above; • The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company (a duly authorized representative may thus be either a named individual or any individual occupying a named position); • The written authorization is submitted to the department. All Permittees Must Complete the Following Certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate ' the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information; ' including the possibility of fine and imprisonment for knowing violations. [75-5-633, MCA] A. Name (Type or Print) B. Title (Type or Print) I C. Phone No. D. Signature E. Date Signed Clear Form Print Form Version 1.0 SW-1 Page 9 of 9 1 I~ I~ u t 1 A enc Use Permit No.: M+~'i~~c~i~~ I~~~I~~ ~~ Date Recd Amount Recd ~~~~ II Check No. ' WATER PROTECTION BUREAU Recd By FORM Notice of Intent (NOI) NOI Storm Water Discharge Associated With Construction Activity MTR100000 The NOI form is to be completed by the owner or operator of construction activity eligible for coverage under the Department's General Permit for Storm Water Discharges Associated with Construction Activities. Please read the attached instructions before completing this form. You must print or type legibly; forms that are not legible or are not complete or are unsigned will be returned. You must maintain a copy of the completed NOI form for our records. Section A - NOI Status (Check one): ' [~ New No prior NOI submitted for this site. Resubmitted Permit Number: MTR10 . _ - - ' ®Renewal Permit Number: MTR10 _ _, _. _ ® Modification Permit Number: MTR10 _ _ _ - (Discuss Modification in Section I) ' Section B -Facility or Site Information (See instruction sheet.): Site Name City of Bozeman Landfill Phase 2 Closure Project Site Location City of Bozeman Landfill 2143 Story Mill Road, Bozeman, MT Nearest City or Town Bozeman County Gallatin Latitude 45 degrees 43' 1" Longitude '111 degrees 1' 43" ' Is this facili or site located on Indian Lands? Yes X No Section C -Applicant (Owner/Operator) Information: Owner or Operator Name City of Bozeman Landfill Mailing Address PO Box 1230 City, State, and Zip Cod Bozeman, MT 59771 Phone Number 406-582-2320 ' Is the person listed above the construction project owner? Q Yes ^No Status of Applicant (Check one) ^ Federal ^ State ^ Private ^^ Public ^ Other (specify~_ Version 1.1 NOI Page 1 of 7 Section D -Existing or Pending Permits, Certifications, or Approvals: ^X None ^ MPDES ^ RCRA ^ PSD (Air Emissions) ^ Other ^ 404 Permit (dredge & fill) ^ Other Section E -Standard Industrial Classification (SIC) Codes: ' Provide at least one SIC code which best reflects the construction activity or project described in Section H. Code A. Prima Code B. Second 1 1794 Excavation, dirt hauling 2 ' Code C. Third Code D. Fourth 3 4 Section F -Facility or Site Contact Person/Position: Name and Title, or Position Title Contractor to be determined by competitive bid ' Mailing Address City, State, and Zip Code , Phone Number a e ur ace v n Section G - Rece Storm Water OutfalUDischarge Locations: For each outfall, list latitude and longitude to the nearest second and the name of the receivin waters Outfall Number Latitude Longitude Receiving Surface Waters 001 45° 43' 5" -111 ° 1' 42" Churn Creek 002 45° 43' 11" -111° 1' 48" Unnamed intermittent stream located north of Churn Creek 003 004 005 rs : , t W f S i i MAP: Attach a USGS topographic quadrangle map extending one mile beyond the property boundarles of the site or activity identified in Section B depicting the facility or activity boundaries, major drainage patterns, and the receivin surface waters stated above. Version 1.1 NOI Page 2 of Section H -Describe the Construction Activity or Project: The project consists of the construction of an 11-acre soil cover system to overlie the remaining portions of the City of Bozeman Landfill which have reached their final waste elevations. Construction elements include a 5.5-foot thick final cover system, comprising a 5-foot thick native soil layer and 0.5-foot thick native topsoil layer. Other work includes leachate cleanout extensions, reclamation of borrow area, seeding, and erosion control. Total Site Area (acres)?2 ~! Area of Construction Related Disturbance (acres)?2 Estimated Project Start Date September 2008 Estimated Project Completion Date December 2008 Estimated Project Final Stabilization Date December 2009 I Summary of Best Management Practices (BMPs) in SWPPP: 1 1 Temporary BMPs include straw rolls around the construction boundary and minimizing clearing to maintain an area of vegetative growth between construction site and straw rolls. Existing ditches will be preserved when possible to handle and direct overland flow. Permanent BMPs include permanent seeding and fertilization to all areas disturbed during construction. Section I -Supplemental Information Version 1.1 NOI Page 3 of 7 Section J -Fees: Is this project a single family residential dwelling? [~ Yes Fee is $250.00 (there is no annual fee) ~ No Is this a Permit Modification? ~ Yes Fee is $450.00 ®X No All Other Construction Projects: To obtain the application (NOI) fee, multiply: Total Number of Named or Perennial Receiving Surface Waters (maximum of 5) ~ x $450 x 2= $90000 Section K - CERTIFICATION Applicant Information: This form must be completed, signed, and certified as follows: • For a corporation, by a principal officer of at least the level of vice president; • For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or • For a municipality, state, federal, or other public facility, by either a principal executive officer or ranking elected official. All Applicants Must Complete the Following Certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information; including the possibility of fine and imprisonment for knowing violations. [75-5-633, MCA] Delegation of Signature Authority: For persons signing this NOI form on behalf of the authorized signatory identified above, the undersigned represents that he or she is authorized to sign this form on behalf of the permit applicant (owner/operator) identified in Section C. A copy of the letter of authorization, or equivalent, granting signature authority must be attached to this form. A. Name (Type or Print) B. Title (Type or Print) C. Phone No. D. Signature E. Date Signed The Department will not process this form until all of the requested information is supplied, and the appropriate fees are paid. Return this form (Form NOI), a complete and signed Storm Water Pollution Prevention Plan (SWPPP), and the applicable fee to: Department of Environmental Quality Water Protection Bureau PO Box 200901 Helena, MT 59620-0901 (406) 444-3080 Clear Form Print Form Version 1.1 NOI J 1 7 J Page 4 of 7~ INSTRUCTIONS FOR Form NOI -Storm Water Discharge Associated With Construction Activity IMPORTANT: The NOI form is to be completed by the owner or operator of a construction activity eligible for coverage under the Department's General Permit for Storm Water Discharges Associated with Construction Activity. Do not use this form to transfer permit coverage to a new owner or operator, you ' must use Form PTN. You must provide the information requested for this application to be complete. Responses must be self-explanatory and must not refer exclusively to attached maps, plans, or documents. The appropriate fees must accompany this NOI Form. Do not submit these items separately. Mail this NOI ' Form to the DEQ address stated on the Form. You must maintain a copy of the completed NOI Form for your records. Storm Water Construction General Permit documents and related forms are available from the Storm Water Program at (406) 444-3080 or on the DEQ website at: http•//www.deq.mt.gov ' Please type or print legibly; applications that are not legible or are not complete will be returned. SPECIFIC ITEM INSTRUCTIONS Section A - NOI Status ' Check the box that applies and provide the requested information. If an NOI has not been previously submitted for this site, check the first box (New). The Department will assign a permit number when the NOI is submitted. The permit number is a 9-digit code beginning with MTR1. If you submitted a NOI and ' the Department returned it to you as deficient or incomplete, check the second box (Resubmitted); if you were notified by the Department that the permit coverage expired and you submit an updated NOI, check the third box (Renewal); if there is a change in the facility or site information (Section H), check the last ' box (Modification). If an NOI has been submitted and returned as incomplete the number appears in the upper right hand corner of the NOI form. If the site is covered under the General Permit for Storm Water Discharges Associated with Construction Activity, the number is given on the Confirmation of Receipt ' letter sent to you by the Department. The permit number must be included on any correspondence with the Department regarding this site. Section B -Facility or Site Information: Identify the name of the site or what the project will be called. The site is the land or property where the facility or activity is physically located or conducted, including other land used in connection with the ' facility or activity. Give the address or location of this facility or site and the geographical information. Latitude and longitude must be accurate to the nearest second. Sources include GPS, a USGS topographic map, and/or "Topofinder" from http •//nris.mt.s?ov/interactive.html .The location may be a physical ' mailing address or description of how the site may be accessed. (PO Boxes are not acceptable.) 1 Section C -Applicant (Owner/Operator) Information: Give the name, as it is legally referred to, of the person, business, public organization, or other entity that owns, operates, controls or supervises the site or activity described in Section B of this NOI form. The permit will be issued to the entity identified in this section (Section C). The owner or operator assumes all liability for discharges from the site and compliance with the terms and conditions of the General Permit. If the owner or operator is other than a person or government entity it must be registered with the Montana Secretary of State's office. Section D-Existing or Pending Permits, Certifications, or Approvals: Specify by number any existing or pending permits that exist for this facility or activity. Section E -Standard Industrial Classification (SIC) Code: List, in descending order of significance, the four digit SIC Code(s) that best describe the type of construction activity at this site. Also, provide a brief description in the space provided. A complete list of Version 1.1 NOI Page 5 of 7 SIC Codes (and conversions from the newer North American Industry Classification System (NAILS)) can be obtained from the Internet at http•//www census~ov/e~cd/www/naics.html or in paper form from the document entitled "Standard Industrial Classification Manual", Office Management and Budget, 1987 SIC Code listings may also be found at http•//www osha gov/pls/imis/sicsearch.html . At least one SIC code must be provided. See attached table for common SIC codes. Section F -Facility or Site Contact Person/Position: Give the name, title, and work phone number of a person who is thoroughly familiar with the operation of the facility or site activity or project and with the facts reported in this form, and who can be contacted by the Department for additional information. Those facilities with periodic changes in the contact person may provide the contact person position instead of a person's name. Section G -Receiving Surface Water(s): An outfall location is considered to be a discrete channel, conveyance, structure, or flow path from which storm water discharge leaves the boundary of the construction site or facility and/or enters surface water. "Surface waters" is defined in ARM 17.30.1102(32) as any waters on the earth's surface including, but not limited to, streams, lakes, ponds, reservoirs, or other surface water including ephemeral and intermittent drainage ways and irrigation systems. Water bodies used solely for treating, transporting, or impounding pollutants shall not be considered surface water. Provide the following information in the table on the application form: 1. Assign a number to each outfall starting with 001. If the outfall is not well defined, assign the outfall number to a drainage area. For existing permittees, ensure outfall numbers used are consistent with those identified in the past for the same outfall. 2. Latitude/longitude can be derived from a USGS 7.5 minute topographic map and/or "Topofinder" at http•//nris.mt.>~ov/interactive.html. Latitude and longitude must be accurate to the nearest second. 3. Give the name of the surface waters that receive the storm water discharge. If the discharge reports to a municipal storm sewer, please indicate so. 4. Please attach a USGS topographic map(s) indicating the boundary of your construction site or facility, major drainage patterns, and the receiving surface water(s). Section H -Construction Activity or Project Information: As required by ARM 17.30.1115(2), provide the required information. A detailed description of the Best Management Practices (BMPs) must be included in the Storm Water Pollution Prevention Plan (SWPPP). In addition to the NOI form, you must submit a SWPPP for the Department to consider the NOI package to be complete. Section I -Supplemental Information: Use the space provided to expand upon any information requested in the NOI or information you wish to bring to the attention of the reviewer. Attach additional sheets, if necessary. For applicants requesting a modification to existing NOI or SWPPP, provide an explanation of the requested modification. Section J -Fees: Use the space provided to calculate the appropriate fee. The Department will not process the NOI form until the appropriate application fee is paid. Fees are determined based on the total number of named or perennial surface receiving waters provided in Section G and as shown on a USGS topographic map. Applicants may have to assess the potential storm water runoff drainage flow path down to these named or perennial surface waters to obtain this total number. For additional information on permit fees, see ARM 17.30.201 et seq. Version 1.1 NOI ~I 1 1 Page 6 of 7, Common Standard Industrial Classification (SIC) Codes 1 1 1 1 1 1 1 1 1 Division SIC Industrial Activity Represented 0211 Beef Cattle Feedlots 0212 Beef cattle, Exce t Feedlots 0213 Ho s 0214 Shee and Goats 0241 Dai Farms Agriculture, Forestry and 0251 Broiler, F er and Roaster Chickens Fishing 0252 Chicken E s 0253 Turke sand Turke E s 0254 Poul Hatcheries 0259 Poul and E s, not elsewhere classified (Ducks 0272 Horses and Other E uines 0921 Fish Hatcheries and Preserves 1021 Co er Ores 1031 Lead and Zinc Ores 1044 Silver Ores Mining 1041 Gold Ores 1221 Bituminous Coal and Li ite Surface Minin 1311 Crude Petroleum and Natural Gas 1442 Construction Sand and Gravel 1521 General Contractors -Sin le Famil Houses 1522 General Contractors -Residential Bld s Other Than Sin le Famil 1542 General Contractors -Nonresidential Buildings, Other than Industrial Buildin sand Warehouses 1611 Hi hwa and Street Construction, Exce t Elevated Hi hwa s Construction 1622 Brid e, Tunnel, and Elevated Hi hwa Construction 1623 Water, Sewer, Pi eline, Communications & Power Line Construction 1629 Hea Construction, Not Elsewhere Classified 1794 Excavation Work 1541 General Contractors -Industrial Buildin sand Warehouses 2011 Meat Packin Plants 2063 Beet Su ar 2421 Sawmills and Plannin Mills, General Manufacturing 2611 Pul Mills 2911 Petroleum Refinin 3241 Cement, H draulic 4911 Electric Services Transportation, 4941 Water Su 1 Communications, Electric, 4952 Sewera e S stems Gas and Sanitary Services 4953 Refuse S stems 5093 Scra and Waste Materials Wholesale Trade 5154 Livestock 5171 Petroleum Bulk Stations and Terminals 5541 Gasoline Service Stations Retail Trade 5984 Li uefied Petroleum Gas Bottled Gas Dealers 7011 Hotels and Motels Services 7033 Recreational Vehicle Parks and Cam sites 7542 Carwashes 9224 Fire Protection Public Administration 9711 National Securi Version 1.1 NOI Page 7 of 7 1 IJ 1 1 i~ APPENDIX B Geotechnical Evaluation ~I Ivh~xim ~'echnologies B' E ~ ~ ~ ~ ~ ~ ~ 6 E 5 303 Irene Street, P.O. Box 4699 ~ ~ ~; Helena, IvIT 59604 Telephone: (40b) 443-5.',10 FAX: (40 07 44 9-3 729 ~~~5~ CL'.t~+1VT: GREAT WEST ENGINEEP,ING P.O. BOX 4817 HELENA, MT 59604-4817 PROJECT NO.: 9873749 ~'~®~' CrY': BOZEMAN LANDFILL REPORT NO.: 1510 5 DATE OF SERVICE; 5/25/2005 - AUTHORIZATION: BRUCE S IEGNNND ' REPORT DATE: 6 / 0 2/ 2 0 0 5 SERVICES: Perform sieve. analysis of soil delivered tq our laborat or in a d ' with ASTM D1140. y ccor ance Bozeman Land€ill _ BZTP-1 BZTP-5 _ BZTP 8 (7 ) Lab No. 15105-1 Lab No. 15105-2 SIEVE AIJA~"4IS Lab No. 15105-3 . Sieve Siz PERCENT PASSING No.4 No.10 100 100 ' No.20 100 100 100 No.40 100 99 100 No.80 99 98 100 No.200 98 97 98 97 95 95 [ Report Of Tests :Continued On Page 2 jp Our lacers and reports are for the exchuive use of the client to whom they are addressed and shall cwt be reproduced except in oo ql Full withnu[ the approval of the testim, Laboratory. The use of our [tame must receive our written approval. Our letters ana reports apply only ro the sample tested and/or insoecred, and are not mdieauve f h - o t e quanu[ia of apparently Identical or similar prndLCC. ~~I GREAT WEST ENGINEERING PROJEC'P NO. 9 8 7 3 7 4 9 REPORT NO. 15105 PAGE 2 OF 2 DATE OF SERVICE:. 5/ 2 5/ 2 0 05 ~S~S (Continued) Bozeman Landfill BZTP-10(3') BZTP-11(9') BZTP-13(3') Lab No. 15105-4 Lab No. 15105-5 Lab No. 15105-6 , SIEVE ANALYSIS Sieve Size PERCENT PASSING No.4 •100 100 ~ 100 ' No.10 100. 100 99 No.20 100 100 99 No.40 100 99 a8 No.80 99 97 96 No.200 98 93 95 BZT ' P-15{4.5 ) BZTP-15(9'} Lab No. 15105-7 Lab No. 15105-8 SIEVE ANALYSIS Sieve Size P , ERCENT PASSING No.4 100 100 No.10 99 gg ' No.20 99 9.6 No . 4 0 98 94 No.80 97 92 No.200 95 gg , T'e~9~niciau: Dustin Falk Engineering Technici an Reg~og-t F}istrflbution: ' (7) GREAT WEST ENGINEERING • ~A~ 'Y'ECTrINOLQG~ES Il'dC . ~ r ~ ~.- =:~%" . ARD JOHNSON , CET Our letters and reports are for the exclusive f LP.BORATORY NLANAGER use pF the client to whom they are addmsed and shall not be r d d ull withom the ao royal of the tuaine labora l09o g? a tory. The use of our name must receive o epro uce except in ur wrinen a l O l pprova ur euers and reports apply only ro tha s mple tesred and/o~ irt:pected, mu! are not indicative of the uamities of a a l id q pp reru y enurai or similar products. ~,~ n 1 1 ~~ LJ 1 Project Number :00069-bzLF Date :4/12/05 Operator :City of Bozeman Equipment : backhoe Geologist : B. Siegmund LOG OF BORING BZ~P-4 (Page 7 of 1) U Depth 2 Surf. DESCRIPTION Elev. feet ~ 4834.05 ~ 0 ~ ~ ~ 4834 ~ ~ F topsoil; dk brown organic clayey silt . 1 B horizon; yellowish tan clayey silt, damp 4833 2 - _ _ C horizon; light grey to white clayey silt; very dry, ample 4832 - - carbonates 3 4831 4 4830 5 subsoil; yellowish tan clayey silt 4829 6 4628 7 4827 $ -4626 9 - 4825 7 0 r ~ - 4824 _ J ~ ~~ ~ 4623 u N b~ - 12 - 4622 a n 3 1s - 4821 14 j V S - 4820 V n 15 u !J 1 fl Project Number :00069-bzLF Date :4/12/05 Operator :.City of Bozeman Equipment : backhoe Geologist : B..Siegmund LOG OF BORING BZTP~-5 (Page 1 of 1) Depth V = ~ DESCRIPTION Surt. Elev feet . ~ 483'1:99 0 .. ~ ~ ~ topsoil; dk brown organic clays silt 7 B horizon; yellowish tan clayey silt, damp 4831 2 _ C horizon; light grey to white clayey silt; very d am le 4830 - ry, carbonates p 3 4829 4 4828 5 subsoil; yellowish tan clayey silt 4827 6 4826 7 4825 8 - 4824 9 ~ -4823 i ~O - 4822 71 - 4821 12 - 4820 13 - 4819 74 - 4816 15 - 4817 Project Number : 00069-bzLF Date :4/12/05 Operator :-City of Bozeman Equipment : backhoe Geologist : B. Siegmund - LOG OF BORING B~'P-6 (Page 1 of 1) De th p U _ Surf. " DESCRIPTION Elev. feet Q C'3 4843.63 , D ~ ~ 1• topsoil; dk brown organic Ga ey sltf • 4843 1 B horizon; yellowish tan clayey silt, damp 4642 2 - ~ horizon; mottled fight grey to w tte c ayey st t ; very ry, am le carbonates 4841 3 4840 4 4839 5 subsoil; yellowish tan clayey silt 4838 6 4837 7 4636 8 - 4835 9 - = 4634 10 ~ 3 - 4633 ' ll ' ~ ~ - 4832 ~ 12 - 4831 ' 13 i - 483D 14 Y - 4629 ' 15 1 i i~ 1 I~ o N O 1 • Project Number :00069-bzLF Date :4/12/05 Operator .:City of Bozeman Equipment : backhoe Geologist : B. Siegmund LOG OF BORWG BZ~i'P-7 (Page 1 of 1} Depth U z ~ DESCRIPTION Surf: elev feet . ~ 4859.65 0 ~ ~ ~ • ~ ~ ~ topsoil; dk brown organic clayey silt ~ 4859 1 B horizon; yellowish tan clayey silt, damp; mottled with gray 2 4858 - - honzon; mottled fight grey tow ite clayey si t; very ry, ample carbonates 3 _ - _ 4857 4856 4 5 subsoil; yellowish tan clayey sili 4855 4854 ti 4853 7 4852 $ 4851 9 - 4850 70 - 4849 ~ ~ ~ - 4848. 7 2 - 4847 13 - 4846 '14 15 - 4845 Project Number :00069-bzLF Date :4/12/05 Operator :City of Bozeman Equipment : backhce Geologist ~ : B. Siegmund LOG OF BORING BZTP-8 (Page 1 of 1) De th p U S Surf. DESCRIPTION Elev. feet ~ aBSS.42 ~ D ~ ~ F to soil; dk brown organic cla a silt 4866 1 B horizon; yellowish tan clayey silt, damp; 4865 2 - C horizon; mottled light grey to white clayey silt; ve d ample carbonates ry ry, ~~ 3 _ _ 48fi3 4 - - - 4662 5 subsoil; yellowish tan clayey silt 4861 6 4660 7 4859 ' 8 - - 4858 9 - 4857 10 - 4856 J 7 0 11 n - 4655 ' 12 n - 4854 13 - - 4853 14 _ r V - 4852 j 15 ~i 1 ~I I 1 1 1 i~ IJI ' o N N lit 0 Project Number :00069-bzl_F Date :4/12/05 Operator :City of Bozeman Equipment : backhoe Geologist : B. Siegmund LOG OF BORlh1G BZTP-9 (Page 1 of 1) Depth Surt. DESCRIPTION Elev. feet ~ ~ ~ 4672.19 0 ~ ~ ~ to soil; dk brown organic cfaye silt ' 487? 1 B horizon; yellowish tan clayey silt, damp; 4871 2 - - C horizon; .mottled tight grey to white clayey silt; ve d X70 - - ry ry, l _ amp e carbonates; some clay coatings high in horizon 3 - ,. - 4869 4 4866 5 subsoil; yellowish tan clayey silt as67 6 4866 7 - 4865 8 4864 9 ' - 4863 10 - 4862 11 -4861 12 - 4860 13 - 4859 14 - 4858 15 Project Number :00069-bzLF Date :4/12/05 Operator : Ciry of Bozeman Equipment : backhoe Geologist : B. Siegmund LOG OF BORING BZTP-10 (Page 1 of 1 } U Depth _ Surf. DESCRIPTION El~• s et o 4867.33 ~ 0 ~ ~ ~ ~ ~ topsoil; dk brown organic clayey silt i 4867 1 B horizon; yellowish tan clayey silt, damp; . 4866 2 C horizon; mottled light grey to white clayey silt; very dry 6 _ _ , ample carbonates; some clay coatings high in horizon 48 5 3 - 4864 4 4663 5 subsoil; yellowish tan clayey silt; mottled with grey 4862 6 4861 7 - 4860 8 - 4859 9 -4858 rc m 10 - - 4857 m 11 ~ N - 4856 W N 12 m m ° - 4855 °o 0 13 ~ g - 4854 14 N ~ - 4853 N ~[J ° i5 ~ 1 ~! fl 1 1 g N C Project Number :00069-bzLF . Date :4/12/05 Operator : City of Bozeman Equipment : backhce Geologist : B. Siegmund LOG OF BODING BAP-12 (Page 1 of t) Depth U = Sur(. DESCRIPTION Elev. feet ~ asa7.rt ~ 0 ~ ~ 4847 ~. ~ ~ topsoil; dk brown organic clayey silt 1 B horizom, yellowish tan clayey silt ~ 4846 2 - --- 4845 - - - - C horizon; mottled light grey to whfte clayey silt; very dry, l b _ amp e car onates; some clay coatings high in horizon; some - - gravel at north end of trench 3 _ _ - 4644 o.o .o,,. 8oo8po ° 4 4 8oo8008° Cobbles and gravel, abundant Ca (?) salts 4643 5 - 4842 6, - 4841 ~ - 4840 8 - 4839 s - 4838 i ip - 4837 i ' 11 - - 4836 0 G 12 n - 4835 i 13 - 4834 14 u - 4833 v ' 15 1 1 1 1 1 ' o m ei d, ~II a r- N O m i m °o 0 o a ' °o N N O Project Number :00069-bzLF Date :4/12/05 Operator :City of Bozeman Equipment : backhoe Geologist : B..Siegmund LOG OF BORING BZTP-i 3 • (Page 1 of 1) Depth U = ~ DESCRIPTION Surf. Elev feet . c~ 4s72.7s o ~ ~ topsoil; dk brown or anic clayey silt 1 4872 B horizon; yellowish tan clayey silt, damp 2 4871 C horizon; mottled li ht t h g grey o w ite clayey silt; very dry, ample carbonates; some clay coatings high in horizon g - - 4870 4 4869 5 subsoil; yellowish tan clayey silt; mottled with grey 4868 g ~ 4867 7 4866 g 4865 white-grey clay; appears to have some maroonish hues ma , y be rhyolitic ash fall. 9 4864 10 - 4863 11 - 4862 12 - 486, 13 - 4860 14 - 4859 15 -~ - 4856 Project Number :00069-bzLF Date :4/12/05 Operator :City of Bozeman Equipment : backhoe Geologist : B. Siegmund LOG OF BORING BZ"I"P-14 (Page 1 of 1) Depth U Surf. DESCRIPTION Efev. feet Q ~ 4872.43 D ~.F F ~ ~ ~ topsoil; dk brown organic clayey silt 2 487 B horizon; yellowish tan clayey sift, damp 4871 2 4t;7o _ _ C horizon; mottled fight grey to white clayey silt; very dry, 3 _ _ ample carbonates - 4869 4 - - - - 4866 5 subsoil; yellowish tan clayey silt; mottled with grey 4867 6 4866 7 4865 8 4864 9 white-grey clay; appears to have some maroonish hues may 4863 , be rhyolitic ash fall. ~ ~p r i 4862 11 - 4861 ,~ - 4eso 3 13 - 4659 14 r J - 4858 ~ 1~ f'. 1 1 ~' it 1 1 ~i 1 1 Project Number : D0069-bzLF Date :4/12105 Operator : Coy of'Bozeman Equipment : backhoe Geologist : B. Siegmund LOG OF BORING BZTP-18 (Page 1 of 1) U Depth in a DESCRIPTION E~ v feet ~ 4900.55 0 F ~ topsoil; dk brown organic cla ey silt 4900 1 B horizon; yellowish tan silty clay, damp 4899 2 - 4898 C horizon; mottled light grey to whhe silty clay; very dry, 3 - - am le carbonates p 489.7 4 4896 5 subsoil; yellowish brown silty clay 4895 6 - 4694 7 4893 8 4892 9 4891 ~ m 10 ~ - 4890 m F 11 a w ~ _ - 4869 N 12 Ia 0 - 4688 0 13 a_ a. - 4867 14 ' N N - 4886 ~, 15 1 n L~ i~ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 ~\ ,; -- ,,,1 ~~,o oe~ Daniel B. Stephens & ,4ssociates, Inc. c,\ . 1 Summary of Proctor Compaction Tests ' Optimum Maximum Moisture Content Dry Bulk Density Sample Number (% g/g) (g/cm3} k G 2, 4 2 g ' ~,7~ BET-1 23.5 1.55 9 BET-4 BET-7 i 1 1 1 1 1 1 r 18.5 1.62 Idt,P~ 20.4 1.58 ~ ~ ~ ~ 1 `~\ a,~\ • `\p^~o °~oP`, Daniel B. Stephens & Associates, Inc. Proctor Compaction Data Points with Fittec8 Curare Sample Number. BET-? 1.7 1.6 M a~ ... a N 1.5 m A 1. 1. Optimum Moisture Content (%): 23.5 Maximum Dry Bulk Density (g/cm3): 1.55 Tesf Dafe: 7-Mar-03 -I------- -------- -----I I I I t 4 -- ------------------------ - ------------------- - ---- ------------------------------=------------------------------=------- 3 ~ 10 15 20 25 Moisture Gontent (°!o) . Compaction method: Standard A Laborafory analysis by: D. O'Dowd Data entered by: D. O'Dowd Checked by: D. O'Dowd 30 35 , P7 ~~ - `'ter. .' ~ ~; 0 ~~ ~ Daiziel B. Stephens & Associates, Inc. °~q, ~~ r ' Proctor Compaction Data Points with E=fitted Cure Sample Number.' BET-4 Optimum Moisture Content (%): 18.5 Maximum Dry Bulk Density . (g/cm3): 1:62 Test Date: 7-Mar-03 18 1 7 . ... M ' _ V 1 ~ _ N 1.6 CQ ' 1.5 r 1.4 i - ~ i I I I ' S 10 15 20 . Moisture Content (°!°) Compaction method: Standard A Laboratory analysis by: D. O'Dowd Data entered by D. O'Dowd Checked by. D. O'Dowd 25 30 _\~\ ,- '1,6~\ s@o / Daniel B. Stephens & Associates, I~ic. ~c__. \~n Proctor Compaction data Points with Fitted Curve Sample Number.• BET-7 Optimum Moisture Content (%): 20.4 Maximum Dry Bulk Density (gicm3): 1.58 1.7 1.6 v N 1.5 CO 1.4 1. Test Date: 7-Mar-03 1 ~ E { I I I 1 i I f 3 10 15 20 25 Moisture Content (%) Compaction method: Standard A Laboratory analysis by: D, O'Dowd Data entered by.• D. O'Dowd Checked by: D. O'Dowd 30