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HomeMy WebLinkAboutContract Documents for 2009 Water Renovations ProjectCONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE CITY OF BOZEMAN 2009 WATER RENOVATIONS PROJECT APRIL 2009 r o_ ~~ 88 ~~~ Prepared By: City of Bozeman Engineering Division 20 East Olive Street P.O. Box 1230 Bozeman, MT 59771 Ph. (406) 582-2280 Fax (406) 582-2263 ~~T ~. i n~ ~ E ~, ~ ~~ <<~ ~c~.,y~.F.,-.P'~ ~e' Q~ i t THE CITY OF BOZEMAN 20 E. OLIVE • P.O. BOX 1230 BOZEMAN, MONTANA 59771.1230 ENGINEERING DEPARTMENT PHONE: (406) 582-2280 FAX: (406) 582.2263 MEMORANDUM July 6, 2009 To: Tim Cooper, Assistant City Attorney From: Bob Murray, Project Engineer~/~ Re: 2009 Water Renvations Project Executed Contract Documents Attached are five (5) original signature copies of the executed contract documents and a completed Construction Contract Documents Review Checklist for the above-referenced project for your review. The documents appear to be in order. Please review the documents at your earliest convenience and upon your concurrence I recommend the documents be presented to the City Manager for his signature. The Clerk of Commission should retain one copy of the fully executed documents and the remaining copies should be returned to this office immediately for filing and distribution to the Contractor. Let me know if you have any questions. cc: Chris Kukulski, City Manager Debra H. Arkell, DPS .Stacy Ulmen, Clerk of Commission ERF Project File HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK THE CITY OF BOZEMAN 20 E. OLIVE • P.O. BOX 1230 BOZEMAN, MONTANA 59771-1 230 ENGINEERING DEPARTMENT PHONE: (406) 582-2280 FAX: (406) 582-2263 2009 WATER MAIN RENOVATIONS PROJECT CITY OF BOZEMAN BID OPENING: MAY 19, 2009, 2:00 P.M. ADDENDUM No. 1 MAY 12, 2009 TO: All Planholders of Record Please note the following modifications to the above referenced bid documents: Add New Special Provisions: 39. PROTECTION OF TREES, SPRINKLER SYSTEMS, AND PROPERTY PINS The Contractor shall take special care when working around trees to avoid any unnecessary damage ' to the roots, branches or the trunks of trees. If any roots have to be removed to complete the work, the roots shall be neatly cut with a sharp tool. Indiscriminate ripping of tree roots will not be permitted. Protective barriers shall be placed around trees as necessary to prevent inadvertent ' damage by equipment. The Contractor shall take care to locate any existing sprinkler heads or lines prior to excavation. Any sprinkler systems which are damaged shall be repaired by the Contractor. The Contractor shall be responsible for preserving existing property pins in the field. The cost of ' resetting property pins removed by the Contractor shall be the responsibility of the Contractor. 40. COORDINATION WITH MAIN STREET CLOSURES The contractor is advised that Mendenhall Street is regularly used for detours for closures of ' Main Street. During those times when Main Street is closed and Mendenhall is needed for a detour, the contractor shall keep at least one lane of traffic open if work is proceeding on Mendenhall. The following times are currently scheduled for Main Street closures, however additional closures of Main Street may be approved which are not currently scheduled: Every Thursday evening from July 2, 2009 to August 20, 2009; July 25, 2009; evening of August 5, 2009; August 8, 2009; and August 19, 2009. ACKNOWLEDGEMENT Bidder shall acknowledge receipt and acceptance of this Addendum No. 1 on the Bid Form to validate their bid. Robert Murray, P.E. City Project Engineer HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK ' CITY OF BOZEMAN, MONTANA 2009 WATER RENOVATIONS PROJECT ' APRIL, 2009 ' TABLE OF CONTENTS ' CONTRACT DOCUMENTS ' Invitation to Bid ' Instructions to Bidders Bid Form ' Bid Bond ' Agreement Form Payment and Performance Bonds I ' Standard General Conditions of the Construction Contact '' Supplementary Conditions Montana Prevailing Wage Rates ' Standard Forms ' CONSTRUCTION SPECIFICATIONS Special Provisions Measurement and Payment ' APPENIX A Standard Drawings C u SECTION 00100 INVITATION TO BID Separate sealed bids for construction of City of Bozeman 2009 Water Renovations Project will be received by the City Clerk at the office of City Hall, 121 North Rouse Ave., P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 P.M., local time, May 19, 2009 and then publicly opened and read aloud. ' The work involves replacement of existing mains with the installation of approximately S,O15 LF of 8" ductile iron water main and appurtenances. The work areas are generally described as: N. l Ot" Ave., Main St. to Lamme St.; N. 9~' Ave., Main Street to Lamme St., N. 8`" Ave., Lamme St. ' to Beall St.; Lamme St., N. lOt" Ave. to N. 8t" Ave.; N. St" Ave., Main St. to Lamme St.; Lamme St., N. St" Ave. to N. Grand Ave.; and N. Willson Ave., Main St. to Lamme St. ii C The Contract Documents may be examined or obtained at the office of the City of Bozeman Engineering Department, 20 East Olive Street, Bozeman, Montana 59771-1230, 406-582-2280, in accordance with Article 2.01 of Instruction to Bidders. Required deposit is $50.00 per set, which is not refundable. There will be a Pre-Bid Conference at the Department at 10:00 A.M. on May 7, 2009. attend. office of the City of Bozeman Engineering Interested CONTRACTORS are encouraged to CONTRACTOR and any of the CONTRACTOR'S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. The CONTRACTOR must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond ' payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS, shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(S) and a certificate(s) of that insurance shall be provided. ' No bid may be withdrawn after the scheduled time for the public opening of bids, which is at 2:00 P.M. local time, May 19, 2009. ' Section 00100 INVITATION TO BID Page 1 of 2 i~ The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the OWNER. The Contractor is required to be an Equal Opportunity Employer. Published Bozeman, Montana, this 26th day of April and 10th day of May, 2009. Stacy Ulmen City Clerk, City of Bozeman Address: City Hall, 121 North Rouse Ave. Bozeman, MT 59771-1230 Section 00100 INVITATION TO BID Page 2 of 2 C ' INSTRUCTIONS TO BIDDERS BIDS All Bids must be made on the forms provided in this bound copy of the Contract Documents. All ' Bids must be legibly written in ink, with all prices given in figures and total bid amount given in words and figures. No alterations by erasures or interlineations will be permitted in Bids or in the printed forms. Each Bid shall be enclosed in a sealed envelope addressed to the Clerk of the Commission, City ' Ha11,121 North Rouse Ave., P.O. Box 1230, Bozeman, Montana 59771-1230, and endorsed on the outside of the envelope with the words: 2009 WATER RENOVATIONS PROJECT, CITY OF _ BOZEMAN. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee, in the amount stipulated in the Invitation To Bid, made unconditionally payable to the Owner, which may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A Bidder's Bond issued by a surety company authorized to do business in the State of Montana will also be acceptable. SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name and with his business address or place of residence. In case of a firm or partnership, the name and residence of each member must be inserted. Incase the Bid is submitted by, or on behalf of, a corporation, it must be signed in the name of such corporation by an official who is authorized to bind the corporation, and who shall also affix the corporate seal of such corporation. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that person's authority. ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another, or of others, may be required to submit satisfactory evidence of this authority to do so. The title of the person(s) executing the Bid or Agreement shall be clearly indicated beneath his signature. 4UALIFICATIONS OF BIDDERS Bidders maybe required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon, and that they have the necessary financial resources to complete the proposed work. In determining the lowest responsible bid, the following elements will be considered: whether the Bidder involved (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the work properly and expeditiously; (c) has a suitable financial status to meet obligations incident to 1 INSTRUCTIONS TO BIDDERS the work; and (d) has appropriate technical experience. Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification, 5~' Edition (MPWSS), published March 2003, shall be used to govern the contractual and performance aspects of this project, and is hereby incorporated as part of these CONTRACT DOCUMENTS, as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications (COB MODS), dated March 2004, including Addenda No.l, 2, and 3 which is also hereby incorporated as part of these contract documents, and as further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman, in order to assist the Contractor in preparation of his Bids. The complete CONTRACT DOCUMENTS which comprise this entire document, and are made a part hereof, consist of the following: Invitation to Bid ............................ Bound Herein Instructions to Bidders .................. Bound Herein Bid Form ...................................... Bound Herein Bid Bond ...................................... Bound Herein Agreement Form .......................... .Bound Herein Payment Bond .............................. MPWSS/Bound Herein Performance Bond ........................ MPWSS/Bound Herein Standard General Conditions....... .MPWSS Supplementary Conditions........... .MPWSS/Bound Herein Miscellaneous Forms Notice of Award ............... ...Bound Herein Notice To Proceed ............ . MPWSS/Bound Herein Field Order ...................MPWSS/Bound Herein Change Order ................... ..MPWSS/Bound Herein Work Directive Change.... ...MPWSS/Bound Herein Application For Payment (Guidance Only) ............. .. Bound Herein Certificate of Substantial Completion ..................... ...MP W S S Order to Contractor to 2 INSTRUCTIONS TO BIDDERS Suspend Work ...............Bound Herein Order to Contractor to Suspend Work ...............Bound Herein Order to Contractor to Resume Work ...............Bound Herein Contractors Certificate And Release ...............MPWSS Lien Waiver for Prime Contractor ................MP W S S Lien Waiver for Subcontractor/Supplier... MPWS S Wage Rates ...................................Bound Herein Special Provisions ..........................Bound Herein Technical Specification ...................MPWSS & COB MODS Appendix A--Standard Drawings......... MPWSS/Bound Herein Appendix B--Maps and Plan Sheets...... Bound Herein EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid, each Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. Any Bidder may, upon request, examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Any administrative requirements and associated costs of such investigations are the responsibility of the Bidder. The lands upon which the Work is to be performed, rights-of--way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the specifications or on the drawings. The submission of a Bid will constitute an incontrovertible re resentati complied with every requirement of this section and that the Contract Docume tshar Bufficient in scope ^ 3 INSTRUCTIONS TO BIDDERS ' and detail to indicate and convey understanding of all terms and conditions for performance of the work. Where logs of test borings are included in the contract plans, it is agreed that such logs do not constitute ' apart of the contract and are included only for the convenience of the bidder or Contractor and do not relieve him of his duties under this section or of any other responsibility under the contract. ' No information derived from any inspection of records of investigation or compilation thereof made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations under the contract. ' UNDERGRO UND UTILITIES The location of underground utilities as shown on the drawings is ' approximate and the Owner assumes no responsibility for determining the exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written ' inquiry of the related utility agency to determine the location of underground utilities in the project area. INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for ' the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any ' interpretation of the proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents. TIME OF COMPLETION The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. The number of days within which, or the dates by which, the Work is to be Substantially ' Completed are set forth in the Bid Form and the Agreement Form. LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement Form ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal, shall be covered in the Bid and shall ' be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. ' Proposals shall be in a sealed envelope and addressed to: City Clerk City Hall 121 North Rouse Ave. 4 INSTRUCTIONS TO BIDDERS P.O. Box 1230 Bozeman, MT 59771-1230 The envelope shall also contain the following information: Name of Project: 2009 WATER REOVATIONS PROJECT City of Bozeman Name of Contractor: ' Montana Certificate of Contractor Registration No. Acknowledge Receipt of Addendum No.: In the lower left hand corner of the envelope print or type: BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M. May 19, 2009. Proposals shall be made in accordance with the following instructions: A. Submit one copy of the complete bound document in an opaque sealed envelope. DO NOT REMOVE THE PROPOSAL OR ANY OTHER PAGES FROM THE BOUND CONTRACT DOCUMENT. B. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with these documents. C. All blank spaces must be properly filled. D. The total bid price must be stated in both writing and in figures. In case of a discrepancy between unit price and total bid price, the unit prices or lump sum prices shall be used in computing the total bid price. E. The proposal form shall contain no additions, conditions, stipulations, erasures, or other irregularities. F. The proposal must acknowledge receipt of all addenda issued. G. The proposal must be signed in ink and display the bidder's name, address, and current Montana Contractor's License Number. SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached thereto a 5 INSTRUCTIONS TO BIDDERS ' power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-in- ' fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the ' work: By: Corporate Seal ' Title: If bids are signed for any other legal entity, the authority of the person signing for such legal entity ' should be attached to the bid. TELEGRAPHIC MODIFICATION Any bidder may modify his bid by telegraphic communication at 1 any time prior to the scheduled closing time for receipt of bids. The telegraphic communication shall not reveal the bid price, but shall only provide the addition or subtraction from the original proposal. Telegraphic proposal modifications must be verified by letter. This written confirmation shall be received no later than three working days following the bid opening or no consideration will be given to the telegraphic modification. ' BID REQUIREMENTS The bidder is expected to base his bid on materials and equipment complying fully with the plans and specifications and, in the event he names in his bid materials or equipment ' which do not conform, he will be responsible for furnishing materials and equipment which fully conform at no charge in his bid price. ' Before submitting a proposal, each Contractor should read the complete Contract Documents (including all addenda), specifications and plans, including all related documents containing herein, all of which contain provisions applicable not only to the successful bidder, but also to his subcontractors. ' BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. 6 INSTRUCTIONS TO BIDDERS 1 The estimated unit quantities of the various classes of work to be done under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that, during progress of the work, the Owner may find it advisable to omit portions of the work, to increase or decrease the quantities as may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under this contract shall be the actual amount of work done and the materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. WITHDRAWAL OF BID No Bidder may withdraw his Bid after the date and hour set for the opening declared herein. A Bidder may withdraw his proposal by a written request of the Bidder at any time prior to the expiration of the period during which Bid maybe submitted, which request must be signed in the same manner and by the same person or persons who signed the Bid. ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted, or reject nonconforming, non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS Within seven days after Bids are opened, the apparent low Bidder, and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor, if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, they may, before giving the Notice of Award, request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the contract price. If the apparent low Bidder declines to make any such substitution, the contract may not be awarded to such Bidder, but Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any subcontractor so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer. Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will be required in the performance of the work. 7 INSTRUCTIONS TO BIDDERS ' AWARD OF CONTRACT OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves ' the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Proj ect to make an award to that Bidder, whether because bid is not responsive, ' or the Bidder is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the OWNER. The OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. ' In evaluatin Bids OWNER will g consider whether or not the Bids comply with the prescribed requirements, and such alternatives, unit prices and other data, as maybe requested in the Bid Form or ' prior to the Notice of Award. ' In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, or other individuals or entities must be submitted as provided in the Supplementary Conditions. OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, ' qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. ' If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents, Bid price, and other appropriate factors. ' If the Contract is to be awarded, OWNER will ive the Successful Bidder a Notice of Award ' g wrthm sixty (60) days after the day of the bid opening. The OWNER reserves the ri ht to cancel th g e award of any contract at any time before the complete ' execution of said Agreement by all parties without any liability against the OWNER. If, at any time this Contract is to be awarded, the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such other action as best serves the Owner's interests. ' CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. ' RETURN OF BID GUARANTEE All Bid guarantees, except those of the three lowest Bidders, will be returned immediately following the opening and checking of the Bids. The Bid guarantees of the 8 INSTRUCTIONS TO BIDDERS r_ ' unsuccessful of the three lowest Bidders will be returned within ten (10) days following the award ofthe contract. The Bid guarantee of the Bidder to whom the contract is awarded will be returned when said Bidder has executed an Agreement and filed satisfactory Performance and Payment Bonds as hereinafter ' stipulated. PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded will be ' required to furnish a Performance Bond and a Payment Bond in favor of the Owner each in an amount equal to one-hundred percent (100%) of the Agreement amount. ' The Bonds shall be executed on the forms bound herein, signed by a surety company authorized to do business in the State of Montana, and acceptable as a surety to the Owner and countersigned by a Montana Resident Agent. ' With th e Bonds, there shall be filed with the Owner one copy of Power of Attorney certified to include the date of the Bond. EXECUTION AND APPROVAL OF AGREEMENT The Agreement shall be signed by the successful ' Bidder and returned, together with the contract Bonds, within the time shown on the Bid. If the Agreement is not executed by the Owner within fifteen (15) days following receipt from the Bidder of the signed Agreements and Bonds, the Bidder shall have the right to withdraw his Bid without penalty. ' No Agreement shall be considered as effective until it has been fully executed by all of the parties thereto. ' FAILURE TO EXECUTE AGREEMENT Failure to execute the Agreement and furnish a Performance Bond and Payment Bond shall be just cause for annulment of the award. In the event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not as a penalty but as liquidation of ' damages sustained. Award may then be made to the next lowest responsible and qualified Bidder, or the work may be re-advertised as the Owner may decide. BOUND COPY OF CONTRACT DOCUMENTS None of the Instructions to Bidders, Bid Form, Bond forms, Agreement, contract stipulations, or other specifications shall be removed from the bound copy of Contract Documents prior to submission of Bid. PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. Notice of Extended Payment Provision: This contract allows the owner to make payment within 14 days after approval of the payments. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty (30) days, progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all INSTRUCTIONS TO BIDDERS subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18- ' 2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. ' POSTING Contractor shall ost in a rominent and accessible lace on the site of th P P p e work a legible statement of all wages to be paid to the employees. ' LOCAL LABOR Contractor shall iv g e preference to the employment of Montana residents m ' accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. MONTANA CONTRACTOR REGISTRATION REQUIREMENTS Contractor and any of the ' contractor's subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694) ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS ' TAXI In accordance with Title 15, Chapter 50, MCA, the Owner shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1 %) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. ' BIDDER PREFERENCE In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference of three percent (3%) will be given to the lowest responsible Bidder who is a resident of the ' State of Montana over a nonresident Bidder. This preference applied unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further, wherever ' possible, products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price, quality and performance shall be ' preferred for use in this proj ect. Preference regarding these products shall be in accordance with the laws of the State of Montana. ~I 7 i~ 1 10 INSTRUCTIONS TO BIDDERS i~ NOTICE OF AWARD Dated: ~ - ~ - aoo9 TO: Edstrom Construction, Inc. ADDRESS: 2880 West 3200 South PROJECT: Rexburg, ID 83440 CONTRACT FOR: 2009 Water Renovations Project You are notified that your Bid opened on May 19, 2009, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: 2009 Water Renovations Project. The Contract Price of your Contract is: Seven Hundred Eleven Thousand Seven Hundred Thirty Five Dollars ($ 711,735.001. Five (5) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must co/mpl wit the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by V ! ~1 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), and the General Conditions (paragraph 5.01). List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA (CITY MANAGER) ATTEST: BY: C (C ER DATE: ~ - 2 ` ©-1 TO BID FORM 2009 WATER RENOVATIONS PROJECT CITY OF BOZEMAN BOZEMAN, MONTANA 59771 City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of the 2009 WATER RENOVATIONS PROJECT, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. The allowed contract time is 90 calendar days. Where multiple schedules are awarded under a single Contract, the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in Article 2.2 of the Agreement Form. The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above, after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract. 1 BID FORM The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. The undersigned Bidder hereby certifies the following: ' A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; ' B That he has not directl or indirectl li ' y y so cited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; ' D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. ' E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. 0 U 2 BID FORM 7 ,BIDDER agrees to perform all thew. _ described in the CONTRACT DOCUI~__.JTS for the following unit prices or lump sums: ' BID SCHEDULE Item • Descri tion Unit Unit Price Estimated Quantit Total Estimated Price 101 Taxes, Bonds, Insurance L.S. 0~`~ 1 ~ _ 102 Mobilization L.S. Z ~~ ` ° 1 2 0~~ --"~ 103 Connection to existin main Each ~ q 19 ---~ 104 4" MJ ate valve Each o~ 4 zoo ---~ 105 6" MJ ate valve Each ° G' 15 C o~ 106 8" MJ ate valve Each ~ ~ ~ 22 ~- t ~; y`~ 107 8x4 MJ increaser Each ~' 1 ~, ` ~' 108 8x6 MJ increaser Each b ~ 13 Zcs 109 8x4x8 MJ tee Each ~ y~ • ° 3 110 8x6x8 MJ tee Each 7 L 111 6x6x6 MJ tee Each 2 ` a-'~ 112 8x8 cross Each ~' 7 a 113 8x6 cross Each d " 1 ' %{p "-^ 114 10x8 cross Each / Oo U ' 1 Ooc -`~-- 115 11.25 de . 8" MJ bend Each L! b ~ 12 - c o ~' 116 22.5 de . 8" MJ bend Each 4 g~ ' 117 45 de . 8" MJ bend Each U ` 2 ~ D° ~" 118 45 de . 4" MJ bend Each 0 a 2 p 119 8" ductile iron i e L.F. - ° 5021 ~ 120 Service reconnection w/in trench limits 2" diameter and smaller Each _ ~~ ~~ 63 c? ~J 121 Service reconnection w/in trench limits 4" diameter and lar er Each ! . pb 2 ~ n~v o ~- 122 Service reconnection outside trench limits 2" diameter and smaller L.F. LJ ~~ f 100 i' ~ D'~ 123 Service reconnection outside trench limits 4" diameter and lar er L.F. ~, ~ / 20 ZO ,<~~. 124 Fire H Brant 7.0' bu Each Gc~ - 1 icy 125 Fire H Brant 7.5' bu Each ` ~ ~ ~ 5 b ~- 126 Fire H Brant 9.0' bu Each ~ 1 ;, --^ _127 Insulation L.F. /r.,t-~ 1287 ~-~ 128 Traffic control L.S.. a,'~ 1 ~~ "~ 129 Tem ora waters stem L.S. (pp 1 _ ono" 130 As halt Surface Restoration L.F. ~ ~` °-= - 5110 131 T e 2 i e beddin C.Y. ~` "^ 20 " 132 Qualit Assurance Testin L.S. ~~ vco 1 C.~ 133 Miscellaneous Work Each $1.00 10,000 $10,000.00 M~ ' TOTAL BASE BID $ ~_~-_~j .., ~ ~~ v~e n d~ ~~~~ ' (TOTAL BASE BID - ~ ~~P:~ ~Gr,~a~fa~ ~h~~-~-~ ~L~. ~~i~~~ ~ Lf ~ o li~~ Eir-~ WORDS) ~~` 3 BID FORM 1 t E ~~ n~_ 11h i r i / I The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in preparation of this Bid: No. Dated1~~~ ~ ~ ~., ~~"'~ No. Dated ' No. Dated No. Dated ' Submitted this ~ day of - ,A- ~ 200 ~ ~ ' .,-°'" ~~ SIGNATURE OF BIDDER: Montana Contractor Registration Number ~ ~ - r4 If an individual: ' doing business as ' If a Partnershi p- N ~~ by rt > pa ner ^ If a Corporation: ~,nST e~„M ,~ ,~c ~`io~ .1,~C, L --_- /^ (Seal c~; Title ~~~ u s u /~e /~ Att~s* i Business Address of Bidder: ~~7 ~ ~S T Sa ~ S' Qty ~2~- ~ ~ ~ ~~ 4 BID FORM PENAL SUi`1 FORA9 rein Born ' Any singular reference to Bidder. Surety, Owner, or other party shat] be considered plural where applicable. BIDDER (Name and Address): Edstrom Construction, Inc. 2880 West 3200 South Rexburg, Idaho 83440 ' SURETY (Name and Address of Principal Place of Business}: Western Surety Company ' 230 South 500 East, Suite 480 Salt Lake City, Utah 84102 UwNER (Name and Address): ' City of Bozeman P.O. Box 1230 Bozeman, Montana 59771-1230 ' B TD Bid Duc Date: May 19 , 2009 Project(BriefDescriptionlncludingLocation): 2009 ~-dater Renovations Project ' Bozeman, Montana BOND Bond Number: 047. Date (Not later than Bid due date): May 19 , 2009 Pcnalsum TEN PERCENT OF BID AP~OUNT 10% of Bid Amount (Fords) (Figttr'es) Slueh~ and 't3idder. intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do cacti cause trcis Fid Band to be duly executed on its behalf by its authorized officer, agent, or representative, )3IDDER (Seal Edstror.~ Construction, Inc. ) Bidder's Name at~d Corporate Seal SURETY (Seal) Western Surety Company Swety's Name and Corporate Seal ~. Signature and Title Signature Title Peggy D. Lowe ~ ~ (Attach Power of_Attorney) Attorney-1 n-Fact Attest: ~~~~~~ P.ttest: ~ Signature and Titl ` Si nature and Title Vickie .N e 1 s o n Ll ~x'( ~f ~ ~ ,~1;?~/'C' ~lJ~~'r~~'~~(1~G W i to e s s Note: Above addresse~s are to be used for giving required notice- >EJ~DC 110. C~30 (2002 Edition) 00430-1 1 'Nestern Surety Cc ~~pany 1 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation 1 having its principal office in the Ciry of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint 1 Bradley K Nielson, Peggy D Lowe, Marvin Jackman, Vickie Nelson, Jessica L Baird, Individually 1 of Idaho Falls, ID, its true and lawful Attomey{s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - 1 and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. 1 This Power of Attomey is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. ' In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this l7th day of March, 2009. ,,,ry~wETyc WESTERN SURETY COMPANY 3 a~r~~~0~ POgq)o;a -~~~-rE Ay' Pr Paul . Bruflat, Senior Vice President STN p1~~ State of South Dakota ss 1 County of Minnehaha On this 17th day of March, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which 1 executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and 1 acknowledges same to be the act and deed of said corporation. My commission expires +'"'`""""'°''`'`'`'`"'`'`''""""""`' + s D. KRELL i 1 November 30, 2012 i 5~~ NOTARY PUBLIC S~~ i i~SOUTH DAKOTA~c i +btihb4S4tititiStibSSb4•s44•sMM D. Krell, No ary Public 1 CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed 1 my name and affixed the seal of the said corporation this 1 At h day of ~~d~ 2009 •"""RETy, WESTERN SURETY COMPANY ' gra;`• POq '`~;'s E "cis\SE AV ;•~Kg 's f `~pr y+~tM DP, 1 L. Nelson, Assistant Secretary Form F4280-09-06 1 fI PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Surety's liability. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1. Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2. All Bids are rejected by Owner, or 3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the parry concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. EJCDC NO. C-430 (200? Edition) 00430-2 AGREEMENT FORM iL i THIS AGREEMENT is dated as of the ~ day of~L~ in the year 2009, by and between CITY OF BOZEMAN, hereinafter called OWNER, and~om Construction, Inc. hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Replacement of existing mains with the installation of approximately 5,015 LF of 8" ductile iron water main and appurtenances. The work area is generally described as: N. 10`" Ave., Main St. to Lamme St.; N. 9t" Ave., Main Street to Lamme St., N. 8~' Ave., Lamme St. to Beall St.; Lamme St., N. 10~' Ave. to N. 8`" Ave.; N. St" Ave., Main St. to Lamme St.; Lamme St., N. St" Ave. to N. Grand Ave.; and N. Willson Ave., Main St. to Lamme St. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2009 Water Renovations Proiect, City of Bozeman . Article 2. CONTRACT TIME. 2.1 The Work will be completed within 90 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. ' Article 3. CONTRACT PRICE. ' 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of Seven Hundred Eleven Thousand Seven Hundred Thirty Five Dollars ($ 711,735.00). ' Article 4. PAYMENT PROCEDURES. ' CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. ' 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work ' measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in ' accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the ' General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. ' Article 5. INTEREST. ' All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. t Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the ' following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract ' Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions (by reference). 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Fifth Edition, dated 2003, with addenda, and City of Bozeman Modifications to Montana Public Works Standard Specifications Fourth Edition, March 2004, including Addenda No. 1, 2, and 3. 7.12 Appendix A and Appendix B. 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. J I'~ 0 i 0 ~1, 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (CONTRACTOR) By (SEAL &) (ATTEST) Title~J ~, ~CC~S~~P.~V~ (JOINT VENTURE) By (SEAL &) (ATTEST) Title City of Bozeman (OWNER) BY~~- (CITY MANAGER) APPROVED AS TO FORM: ~ ov (CITY A ORN Y) ,= ~~ -_ -- .. _~: v _ _ ~~ (SEAL &) (ATTEST) c:\wpdocs\forms\agee&m.mrg . a f ` P~Ri~`UIZN~ANC~ BOND - Any singular refcre,lc~ ro Contracuir, surety, OwnCr, ur othr:r Party shall be considered p1Ul'a1 whefe ttppliC;.ble. CON"f1:ACTOR (Name and Address): SURETY (Name altd Address of YrirtCipll Place of Business): ' Edstrom Construction, Inc. Western Surety Company 2880 West 3200 South, Rexburg, ID 83440 230 South 500 East, Suite 480 OWNLR (Name and Address): Sa 1 t Lake City, UT 84102 ' City o.f Bozeman P.0. Box 1230 Bozeman, MT 59771-1230 CON TRACT' ' Hate: 7/~ J~~ ,\Inrtunt: even Hundred. Eleven Thousand Seven Hundred Thirty-Five Dollars ($711,735.00) Dcscripuctn (Name and Locauon)_ 2009 Water Renovations Project, City of Bozeman ' Bozeman, P~ontana 8ONI> ' Bond Number: 58657978 I71te (Nut earlier than Contract Datc): ~ I8 f 0~ Amount: Seven Hundred Eleven Thousand Seven Hundred Thirty-Five Dollars ($711,735.00) ' A'{oditicatinns lit [his Band Farm: None Surety and Contractor, interti{inb to be legally bciund b~rcby, :;object to the terms Printed an the reverse side heregf, do each cause this Performance Bond to be duly executed on its behalf by its authorized ctlticer, spent, or representative. _ ' CUNTRAC'{`t71t .syRlNC1YAL SIJRFTY -- "_ crtln¢trry:--. ~ ~ ro Construction, Inc. ~ - - -- -- - ' _ _"Sid tatrl>~ _ (Sea{) 4~estern Surety Company (Sea!), - _~ ~altl 1ttd Ti ~ Sur;,ty's Numc and C'urpurate Seal _ _ i3y: (Space is pruvideil L•cla~~ for sign~ltures cif additional p1f11(:S, If rCylllfed.) Ct~NTRACTOR AS PRINCIPAL Comp.cny: Si~naturc: _ Numc ,urd Tide: (Seal) Slonat re and Itle Peggy D. Lowe (Attach Power of Attorney) Attorney-i n-Fact Attest: Signature and Title Gene Hi 11 Witness S (AtC'1' Y Surety'; Nalne and Caiporare Seal s~: Signature flail T'itlc (Attach Power of Aulirncy) Atlc3[: Si^_naiur';- and "1'it{c; _.. (Seal) f;J(:t)C \4r. t;-+aU (?VU2 EJiliorr) 7r;eir,:,t1~~ prcp:uccl tln•ough rl,e.ioint eROrls nF the5tu'e1~' .\ss~rcialinn nl"Amcrici. !•:n~ilv~r~p~.h~inr (_nnliset Ihx'unrettLS' (~~)~+LpIJIh-e, llrc AssuciateQ Genera! .irnrr;rr~InrS ~~r;irnrrica, and the ,lnlerir~:rn lrntitnti' n(;\i~~llilccls. 1111(111-t -- -- _ L I_unhrlo+ :u,C! Jar<ty. li+inlly ;uul severally. bind Utcntsd+'n. [11rir heir.:, exet'utut.. «tlntiuisU:liuls. sutCii5uri, and a>ci;°ns w U+tner ti,r the prrfurn:urec uf[Ae LUltI r:ICt, ,+'hlclt I$ Int'VI }RN;Ilill I+CI'C[I1 l'y' «t+:renCC. '. ll CMttr:Ictur pzrll>(,nc thr• CU~,I+ cl, Surcty aru! Cortrxtur have uu ut•11_atinn wider [lus Liw,J. rurtrt tU porr,rll+^re u, ern,rr.r~•ncrs as provided in Pan_raph J.I. J. I t thrrr is nu Uo'nrr Urfauh, Cnri-lr i nhG,~arinn under this Rnr~c! shall ansr after: ~.I. Olrltrr I:as nutilird C,inttaco>r and $nrcty nt (hu addresses dc.;crihcd nt ' Para,raph IQ brluw. that r~,vnzr 14 col,.iiflzrin2 dcdmine a Ccu,rnctoi Dchuil and lus rryuis!cJ ;toil :u(zmplcrl to an;mge a tivnfrrence with Cunlrxiur and $ulC'ly tp l`e hdlg nor 1018( than 1? (lays after R:CCipt Of such notice Lo discuss ntzthods i+l Pzt(ointine the Ccatlract. If O~,'nzi, ' Contractor and Surcty 0£rtC. CUtrtreClOr Shall Lc allu,vcd a rBaSOnaf718 time to perFomt !hr Cbu[ratt, but 5udt an aSrecueeut shall not wal vr; Q,vncr'g right, if any, subsaluattly to dccCtrc a C'untructur Uclauh; auU 3.:i. f),rner has declared a Cadnctur Dcfauh artd I'umtatly lrnniua[rd ' CVnu'aanrg ri~hl to curnplclr the C'un(rtcl. Such Cuntradtx Uclauh Shell nrH hC dCClafcd Cafllrr ;hall 9(} ll:lvg atlCr CC+IIIgC'lUr alld $nrCly' have received notice as prvvidc•d in I',[rlgra},It :1,1: and ' t.3. (hvnet has agacd lu pay th< 13nlauer of the Contract Frier w: I. Surcty in a[;curdance ,~iUt the tBRttc of tbz Concoct, _. Auuther cwtUata(+r sr.lcclcd pur.:uanr to Porasraph 1.3 [n perForln the , Ctxuract. J. When Uwucr ha> satiSfierJ the cnr,ditinn; of Paragraph 3. Surcty shall promptly and at Surcty'; cxxnst lake acts of nc~ (otlowin~ actions: ' ~.1. Arr;utg8 IN Co+umctor, with cwucnt of (honer, to perform uttd cvmplac Utc Cun+rarr, or 1 u.'>. I,Ltrir.~takc to p-.rti+nn :utd complete the Cattracl itself. through its agruts pr thrnutrh indcrrnduu cuntndurs; ur ~t.). Ohrain Kids nr ne;o[iatcd proposals (rum uualilicd tz;ntraaun ncetptable to Ounce for ~ contract fur prrlorru:utee and euntpletiwt of the Cuulrxt. a~+ytrc for a cattract lu be prc•parrd lbr cxrcutiutt by O~ntcr :utd Conrractnr sclcacd with O++ncrl cuncurrrurr. to be secured with pcrGuntancc attd payment burids aazttilyd by A yu~lificd safety equivalent +n dtc fonds ISSII[d lNl IIIC (lOrftlaCl. ^Ild pay l0 C),n1~Y 1118 autuuAl of danuec:: as dcscrbcd iu I';ua~r:11N1 li in rxczss of the Dalancrs of dtr Contract Prier incurrtd by Owner rzsulting (runt Cwtlraetor [fault; or e.A. waicc its right to pufunit anU cantplue, ;orange for completion, or obain a nc,r rontradttr and with rcasonal+le prontpu+ess under the ciraumianccs: I. Apra iaorSli~ati~.m, da.:nuine Ihr. aluonm frr ,x'hich it may he liahle to O,+'urr :utCl,~as stx+n as practil:ahlc aRcr the amount iz ddcrmincd. Iructci payntrnt thcrelor In Owner, nr :, 1Jc••+}' Iiahiliry in whulr ur in part and notify Uwner citing rcastxts fhrfr fol. S. if Surety clots not proceed ;U pruvitlcd in Paragraph S with rcasatablc pruutptuess. Surety steal! he deemed to be in default on this Bwtd IS days after rctxipt of ;ur ailditional wriurn notice Crvm Owner Io Surcty demarrdin~ lha( Surcty perfunn i15 obligatious under This Btnd, and Owner shalt be entitled ro en(un'r :ury ronedy available to Owner. If tiurely prtx'rrds as provirJt•+1 iu I';u;lgrtph ds, and Uwnrr refu3e5 Iltt' p:+y'mtnl Icndcrcd or Surely' h;u denied liability, in whuk Vr in y:Ut, withuttl further got ice r)wner shall be cntitlcd lu cnl'urcc any remedy available w f~,+'IICI. G. Allis f)wncr h:u uantin:rtiil f:n,tnctnr's rivbt ,n cnntplrc thr Cuntrtct, and tt Surcty 8)ects to act under I'ataer,pn J.I, J.;, nr J.; ~hnv'c, rh.:rt Ihu respunsibiliiics o1 Surely u• O,vucr sh~11 uv[ b< ~~eali'i th.i,t rhos.: o. Cnmracmr under the Cuutraet. ant! fire rrspon; ibilitics of U.vnrr to 5mety ch..-,Il our l>c erearer than those of Uwner under tttz Cumract. lb a !loci! +if the ^:nrnue of this Rnnd, bw suhjcct to cwmrutnrnt by O+•'uri vi [hc 13alancc ul Ih< Conuact prim In n,l[ioatinn of cn;ts y,d darro~a on l>`a• Contract, Surely isobhealcd u~irh0ut du}+lication for: E,I. The responsibduies of Cuulractur for rorr,]ctwn Of riefcctivc !York and completion ol'the Cvntrat•L 6.?. Additional Icgal. ilcsi~m pruPrssiunal. and drl:ry co5[s R`sUlting From Contractor's Dcl'auh. and resuhing (tarp dtr actions ur failtni: to act of $,trcry w,clcr Para;raph 9; and (i.3. bigUi(larcri rlantagcs, tx if nu bymdatrd damu;cs art spcciTcd iu d+c Comnn, acntal danta;c; caused by delayed pcrlurncuuc ur uon- Qditi>iroa~tcC Vf Cnnlractar. 7. Surcty sh8p not Uz Kahle u> Qu ncr ur others fur obligations of Cunlractur shat arc unrelatzd to d+c Qttttracl, and the Balaucc ul'thc Cuutracl Price shall uvl be rcduccU or 9e[ all 011 afCOUnr of any such unrclalctl oblrvatiats. Nu ri;hl ut acuun shall aetn+r utt This Liotld 10 any pel:;nn nr entity other Ihan Owner (x its Irrtls. rxrCUwrs. adllhnigt(ar(1fS, nr gtl[CCS5r1r5. &. $uq;ly herehy waive; Waite of arty chan~c, iucludiu~ ch;urges of time, [o Contract N f0 tnlatcd subcnnlracts, purchase utdrn. surd OUtBr Obligatiuus. v. Any prvccedin~, Ireal ur cyni[ablr, undet thig Rond any be institutM in any coon of crxnpclcnt jurisdidiva in Utt IVCOIion in which the Work or part of the Wnrk is loca[rd and shat! br instituted withil, two years after Contractor Default or within two years after Cuntractur ceased workins nr within two years ahcr Surcty rchiscs or ;acts to pcrfurta rU' Vbll~alNf15 under this R(t,tri, whichcvcr nm~rs first. IFthc prnvtsinrts of Ibis paraera}dt art void rir pti>luhitcrl by law, the minimum pcncxJ of limitation available, lu Sureties as' a dr;(C+,SC in the jurisdiction of the suit shall be apnlirable. l0. hrotice ro $U(ety, (honer, nr Comracior shall be mailed or dcliverctl to Ibc arJdress show•It on the sipnnlure pave. I t• When this C3ortd hay been famished to Comply ,vith a statutory rcyuirtrncnt in the fixation whzre Ih6 Contract a~as to be performed, any provision in this !Bond cUnQinine Wilh 5, id ;ranrtnry rcnuircmcnl shalt be deemed deleted ttcrcliom atn pinvisitut5 cpnFortnins; m such statutory rcyuirentent shall br derntrd incurpur:ucll heiein. The intcm is that this Bond shall be curtstrucd as a statutory bwtd and rtol as a cidnmm~ laa bi)rrtl. 12. fk:finitinns. I2.1 Balance pf the Contract Price' "1'hr [txal aruuunt pnyablc by Owner w Contractor under the Contract ahcr alt proper adjusuonus have bezn made, tncludin^ alluwancr lu COrltfaCWr of any antVuntt rcct:iv~d or In he rcrrircd ny Uwner n1 selllen!ci11 ttl inR+rnnri pr Pt111.'f Clain,.e for dama;cs to which (:untractur is cntitlcJ, r8duccd by all valid and prV},cr payments ntadc [bur tin behalf UI CvnlractrYr+ntdcr nc~ Contact. I~.?. Cbnlract '1hr agltEntenl bet+vccu Qwncr and Conrractnr idcmi(ai en the sienaturc pugs, iucludinz all Contract prxumcnrs and changes Ihcrcln. 1:,.3. Contraclur Def.~ull: Failure of ConUac[or, which has rnithrr brrn tdmzClied nor w'aivcd, In perform nr uthcrwice to comply with the trans tit the Ct+ntract. i2,a, O+vucr pr;(atJt: Faihtrc of Owner. +,hich has neither hccn rt:mcdicd our waivitl. tt, I,•aq Cu,ur.^.['[(u as rcyuirt,l by the Cnmrarl nr Io perform :utd cunrpicfr i+r comply with the nlhgr Icons thereof. FOR 1I`tFORMATIUN ONLY -Natrte. P.ddress and Telephone HUB International Mountai n Sufc(y,~grncyc)rBrttkcr P.O. Box 1816, Idaho Falls, Owner`s Kr.5~?ieaeiltitfive (en~,inetr ttr ether party)...__ 208-5.~2_.380Q... _.._____.~.__-_ States Ltd. ID 83403-1816 ---.... oar, l rt_' f 1 1 1 1 1 1 1 II II II II (space is provided beiow For signatures of additional parties, if required.) CON~1-RAC'T'Ok AS PRINCIPAL Company: I t Sigmture: Name and Title: II II (Seal] S T TTZETY _Western Surety Company - ~~=): Surety's Namc and Corporate Scal - - `Y By: . ; Signature and Title ggy D. Lowe (Attach Power of Attorney) Attorney-i n-Fact nuesr. Ck'_'~~~~sr~/ ~ _~ Signature and Title Gene Hi 11 Witness SURETY (seal) Surety's Name and Corporate Seal I3v: _ Signature and Title (Attach Yuwcr uF Attorney) .attest: _ Sienaturr: and'['iUc: ' rJ(:U(' lyp- ('.6I5 (2011? lCdi(inn) ~1ri~inalty prepar~~l lhrurr,h the juitrL crfurls nl' the tiurclc Association of rlntrrrta. Fri%irleers.~oint CurttraCl t~)VCUIIII'rllS G)ruutitlrc, the ,\tisociatcd Ccncr:d ~~ntractors nl' Aa:crie•a, the :\u:ericur Institute ul' ,\rchitectg, the ,lrnrriean 5ubcunlracLurs As.~triatiuu, untl t6c r1~<oeialed specialty ('nntractor. II I1 -_-- PAYMENT BON:n any singular reference to C'untractur, Surety, O.vncr, or other party shall be considered plural whzre applicable. CONTRAC'T'OR (Name and Address}: SURETY (Nante and P.ddress of Principal Place of Business): Eds.trom Construction, Inc. Western Surety Company 2880 West 3200 South, Rexburg, ID 83440 2.30 South 500 East, Suite 480 04VNIR (Name and Address): Salt Lake City, UT 84102 City of Bozeman P.O. Box 1230, Bozeman, MT 59771-1230 C'(~N1~R.1C~ DaLc: ~ B~aq nn,crttnt: Seven Hundred Eleven Thousand Seven Hundred Thirty-Five Dollars ($711,735.00) Description (Name ;tad Lol:atiun>: 2009- Water Renovations Project, City of Bozeman Bozeman, Montana BOND Bond Number: 58657978 Unto (Not earlier than Contact Uate): ~ ®I aq Amount: Seven Hundred Eleven Thousand Seven Hundred Thirty-Five Dollars ($711,735.00) Modifications to dvs Bond Form: paragraph 6 of this Bond i s deleted i n its entirety and replaced with revised Paragraph 6 on page 2 Surety~nd Contractor, intending to he legally hound hereby, suhject rn the terms printed on the reverse side hereof, do each Cause this Payment IiOndtci~he dul~~ executed nn its behalf by its authprized oFticer, went, or representative- -_ -- ~~ - _ C~7NTRACTCzT~ RfNCTPnI_ ~.om~,ny: - ~ t om onstruction, Inc. _`-~Si~tiatur¢_~• _ (scat) \/ ill1(t j_I PAYMENT BC)N:i) any tin~ular re}'erence to Cuntrl~tur, surety, Owner. or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Nance and Address of Principal Place of Business): Edstrom Construction, Inc. Western Surety Company 2880 West 3200 South, Rexburg, ID 83440 2.30 South 500 East, Suite 480 ObVNIR (Name and Address): Salt Lake Ci ty a UT 84102 City of Bozeman P.0. Box 1230, Bozeman, MT 59771-12.30 CUNTRAC~ o~,t~: ~ e~a9 nmcttlnt: Seven Hundred Eleven Thousand Seven Hundred Thirty-Five Dollars ($711,735.00) Dccription (Name and Lol:atiun): 2009- Water Renovations Project, City of Bozeman Bozeman, Montana BUND Bond Number: 58657978 ~' I Uatc (Not earlier than Contract Uare): e a Amount: Seven Hundred Eleven Thousand Seven Hundred Thirty-Five Dollars ($711,735.00) Modifications to clvs Bond Form: Paragraph 6 of this Bond i s deleted i n its entirety and replaced with revised Paragraph 6 on page 2 Surety and Contractor, intending to he IeRally hound hereby, suhject ro the terms printzd on the reverse side hereof, do each cause [his Payment )3ond to be duly executed on its behalf by its authorized officer, went, or representative. __ - ~ - _ . ('ONTRRCT(3It~ RfNCIPAI_ _ ~ - ~.ttm~lny: - ~ t om onstruction, Inc. _--$i`frt~turc:~ _ (Seal) (Space is provided beiow For Si~rtatures of additioaa( parties, if required.) CON~1'RAC"I'OR AS PRINCIPAL Company: Signature: Name and Title:: (seal) ST:rRETY ~lestern Surety Company - __-~t~eaa::-;--__ Surety's Namc and Corporate Scul - - ,J By: Signature and Tide ggy D. Lowe (Attach Power of Attorney) Attorney-i n-Fact r\ttest: Signature and Title Gene Hi 1 1 Witness SURETY (5ea1) Surety's Ntlmc and Corporate Seal I3v: _ Signature and 1'iile (Attileh Power of Attorney) AlteSt: Sivlatun. and'I'itlc: ' r,tc:uc: N,>_ (:.r;ts (~onz tcdit6,n> 1ri;;in:rlly prcpart~l thruu~h the joint cf(nrts of the Surely ,lswci:,iipn of Anlrirt0, fu_incrrs.Juinl Gnttr;tcl t)VCUllll'ntti C~)ruuiitlcc, the ,\5sociatcd (:crtcrr! ~~nlraclors nl' ,lmcric:r, the :\umric:ur InsliU~lc ul' ,lrchilcclg, the ,\tlhriC;ln Subcunlraclurz Asurtiatiun, untl lbC r\s~ncialcd ~pccially ('nnlracpirr;. --- On(l.;_I I. CutltrilCtoi :Iltd SarCt1'. JLIRIIy aril srvcrdly, bind nc~ntsclacs. d+rir heirs. ZxCCUtOC:, adn7inislrt;utS, sUCCCSSOic, and aiSi~7t; to (}wart lu par Foi labor. plalcrinls, and cquipntc.nt I•umishcrl by Claimant; fcx use in dr¢ prrtormancc of the (`.untnct, Y~•hiCii is incnrpnratcd herein by rcfcrcncc. Z. With respCCl to Owner. this ubligallon shall be uull tttd Y•oitl if Cuntraulur 2.t PIOg7ptly mat:c; paytriCnt, dIRL'LIY Df iUdireCtly, for all sums due C:IaimanLS, and 7..Z. I)cl'cnds. indemnities, nnJ holds Mmtlcss Qu•ncr front all claims. demands, liens. nr suits atlerin¢ non-payment by Contracor by auy person Or cntil}' rvhu IitrniSltcrl lut7cx, materials, Or Cquipmcnf fur use in tl7a peef'ormnncc of (he Contract, provided Owner has promptly nutitied Contactor anJ Surety (at the addresses described in t'ar:l~raplt I2) vf' ;Iny trains, demands, liens- yr suits and tendered defense Of each claims, denlanils, liens, tx suits to C ontncnx and Surety. and prvv'ided U+rrc is no C1w'ncr Default. ~. With respert to Caaimanls, t11i5 pbli~aliun shalt (7c uull and void il• ConvaClOi ptOntptly makes payment, directly or indireCdy, for all ;ants due. A, tiurcty shall have nn nhli~atiurt to C I:+i meats under this Dond tlnri t: a.l. C;laimants who are employed by w' have a direct Conlnet with (.:ORtrll tQr have given notice to $7lrcty lot the addresses Jc>cribcd in Paragraph I?) and sad a Copy, nr notice lht[tOf, (0 Owner, staling dial a dnim is hcino nlada under this Bond and, with Suhstanirl acCUracy, the amount Of fit claim. 4.?. Ck+im;ints who du nut have a direct cunvac! with Cor7rnctnr. 1. Have furnished written uotlcC to Cnntrnctnr anJ cant a copy, or nutici- [hereof. to Owner, within 9U days after having fast performed labor nr fast furnished materials ur equipment included in the Claim stating, with Substantial accuracy. the amount of the claim :utd the name u( 1110 party to whom IItC ntntcrials of eyuip+nenl wcrc fami~hM or supplied, of far whom the labor was dcxlc yr pri formed: and 2. Have cid7er rcccrvcd a rcjtctigt in wttolc or in part (rum Contractor, ur not received within 30 days of fumishin~ the alnYVC notice any cuntntunicatitm fruru COritl:'7etor by whicl7 Cunlractvt Itad indicated the claim wit! be paid directly yr indirectly:lad ;;. Not having been paid wirier the above 30 days. hour sent a written nvliee tv $urcty and scar a copy, or notice thereof, Io Owner. stating Thar a claim is being made under this Dund ;tale enelnsino a copy of the prC1'IVU$ WI IIICn nUhee IUI RI$hed [o Colttraetnf. j. 11' n nutici by a Claimant required by paragrrph 4 is providM by Uw•nu to C:untraetur or to Surety, that is ;u recital compliance. G. When a Cl;linrtnl has satisfied the conditions nt Paragraph ~, IhC Surety shall promptly and at Surety's capcn5e take the fnl}vwina actions: G.I. Send an answeF to that ClairoanL, 7,vit1F a copy to Uwncr. within dj days after rcCerpt of the claim. stating the amounts that arc undlspUlCd and nc~• bas7s far challenJng any ~mnunts that are disputed. (i.?. I'a}' nr arram,e Icil payment nf:7ny unt)ispul¢d;tmount~. 7. Sure.tv'S tmal obli4alinn shall nut cxCrCd the amrnnri of This I?und, Sad IhC ontount of this Uund shall be credited fa' any payments made in good faith by Surcry. ti. .\muunr5 nlvad by []rVnCr t0 f:UllifaL'tl7r uII1.IGf the C:untinct shall hr used lur lhr pCrfprmancc uC lha Contr,7ct and ro s.7tl;t'y cfnims. if any, undCi any pCiforntancc bond, Ry Cnntrac•tur furnishing and Owner acLCp(Ille Ilti; (ionr.l. Ihcy a`rcc 11711 alI funds earned by COnUlClpr in the pCrformanCC of the Cvntroct arc dcdicalCd t0 sotis(y obli~ati0ns o1 (;nntactur ar7d Surety under This liund su~jeCl to Owners privnty to uSC the funds for the Complrtivn of nc~ Work. 9. Surety shall not be liable to QYVncr. ClSitnants, yr others fur uWi_e;ttiuns of (.bntractvr that are unrelated to the CuntiacL Owucr shall nut In liable for payment of S+ty COSt3 or ctprnscs: u( any Claimant under this Duuil. atlrl shtal! have unilcr this Konrl nn ohli•~tiunS t0 make payments tv, givC notices op bchalF of. Ur ulhcrwi; c have uhli~alivns to Gnimnnts under d7is Bvni1. I U. Surety hereby wlives notice pf any chan~C, inCludin; changes of time. to lhr (.bmract yr to rela[Cd Subcontmct_c, purchasC ordrr3 anti other obli~ativns. t I. No shit er action shah be w+nntcnecd by a Claimant outlet this Bvnd other [hau in n cvttri of cnmpctcnT juri5dicticxl in the Itk::1[iun nt which the tl+nrk nr part ot. the Work is located or after the czpiration of vqc year tram the dale (t) nn Yvhich dlt Claimant nave the nvlicc required by f';tra^raph a.l ix Partgnplt J.2-1, ur (?} on whicfi the last (abut or Service was performed by anyone of [hr. last materials a equipment weer fllrnighcd by anypnc undta I11C Conslnlction C: ontract, whichever of (1) or (Z) first tx:curs• IF The proY'iginng of this paragraph arc void ur prohibited by Iaw. the minirottm period of limitation avalloble [o sureties nS :1 (Icfensc in the jurisdiction of the suit shall hr applicab)C. 12. Notice to Surety, Owner, or Cbntrecaor shall be m:+iled or delivered to the addresses shown on the sin ature page, ActttaJ rcCCipL of ouliCC by Surety, O~•ner, or Cnntmetor, however aeeomplishecL shall be sufficient compliance ns or the rite received at the address shnu•n vn the si~natur¢ pagC. l1. u4'heu llus Bond has hero fumislted to comply with a sl:7tutOry rrquiruncnt is Iht IOCatinn where the Contract wac to hr perfuimed. any Vfuvicion in this F;and cnnflictine with Said statutory rcyuitCntCnt shall t7c dccmcrJ deleted hercln>m anJ pM.•isions enrtfnrmin,; w such statutory rcquiremcnt shalt b~ der7ned iniurpv+alC(I herein. 'Ihe intent i5 Ih:7t this Bond shall be construed :75 a staauvry Bond and no( as a cunutlun hll' hood. Id. l,Jpnn rcyucst of any pcr;nn tx entity appearing to be a potential hrnrliciary of this 12voJ, ConUactor shalt prumpdy furnish a copy of this Bunt Ur ihall prrnrit a c:c~)y In he made. 15. UFFINITIONS 15.1. ClairoaOC An individual or entity having ~ direct vunvaCt with Gontrncmr, or tvidt a first-tier ;uhcuovattor of Contractor, tv furnish Inhor, materials, nr equipment fur use In the perfbrmancc of nc~• C:unlrtct. The intent nF this Uund shat! be lu inclurlc w•ithuut limitation iu the lcrm~ "labor- mattrl;tls or cquipma7t" that part of +v11cr, gas, power, light- heat. uit, gasvlinc, tclcphvnr service, or rectal equipment aced in the CUnlract, Sechitcctural and engineering SCrY•iccS « gaited fur pcrforlnance of the Work or C:nnu•actnr anJ Cunu:~ctor's ~uhcontaclors, and at! ulhei ilen75 frx which n mechanic's liCn may he a55crtcd in the jurisdiCtlOn where the lalwr, watennls, vi rtp+ipmcnt wcrc furnished. IS?. (.'Onlr;ll't: The ;7grccmcn[ bchvean Ow'ncr and Contractor identificc! nn Il1C SignalnrC peer. IOCIUChng all COntrac[ t~tx%urncnlS ante than ~c4 Ihcrctn. 1iJ. Qwner C)cl;udC Faih:rc nl Owner, which has ncithrr been rcn7rdird nay YeaivrJ, lu pay Contactor as required by the Cnntncl nr to prrfonn and t`ompletr ur Comply with the other tenet; thereof. F'Oltl~'PrFl2?la'l'It):vC>tv1.Y••`ante.7lrtrlressandTrl¢phvnc nterna 1Ond OUntaln d eS~a. ••- ' tittr•ety 1_ct7tt'grtlrul:Cr: P.O. Box 1816, Idaho Falls, ID 83403-1816 l)tl act's KcpreSrut:uivc(rrtginccr nr other Vurty): 2Q8-522-380 6. Within a reasonable time (1) after the Claimant has satisfied the conditions of Paragraph 4 and (2) after the Surety has reviewed all supporting documentation it requested to substantiate 'the amount of the claim, the Surety shall pay or arrange for payment of any undisputed amounts. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Seller's defenses under this ,Bond or their right to dispute such claim.. However, in such event the Claimant may bring suit against the Surety as provided under 'this Bond. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Bradley K Nielson, Peggy D Lowe, Marvin Jackman, Vickie Nelson, Jessica L Baird, Individually of Idaho Falls, ID, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 17th day of March, 2009. ,~ WESTERN SURETY COMPANY ,~-y~wETy c~WF~j - PORq r+,~'i ='~s~Sfay,P 4'n`r ota~ Paul . Bmflat, Senior Vice President State of South Dakota 1 )j ss County of Minnehaha On this 17th day of March, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; [ha[ he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires }tiS'~+`+`+ySh4S'+S4h'+5~+~+hbhbtiS } f D. KRELL f November 30, 2012 r ~~ NOTARY PUBLIC SE L f s SOUTH DAKOTA t +aSg55aSStitititi~.ws~.asaatiti5 } D. Krell, No ary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation rp iced on the reverse h^~~s still in force. In testimo~ ~ hereof I have hereunto subscribed my name and affixed the seal of the said corporation [his C/T~'I'~- day of (.w I ' Form F4330-09-06 ~.°SjRET}``s,: WESTERN SURETY COMPANY £~~.-_..~~, o s ?~"' f PPORq ti's >NiVO !a^~y$ ~Wi ;__ g*~SE A~:P ATM OPK~, L. Nelson, Assistant Secretary ' Client#• 71446 32EDSCONS ACORDTM .CERTIFICATE OF LIABILITY INSURANCE 06/25/2009 ) PRODUCER HUB International Mountain States Ltd. P.O. Box 1816 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Idaho Falls, ID 83403-1816 208-525-3830 Fax 208-525-3839 INSURERS AFFORDING COVERAGE NAIC # INSURED - INSURER A: BltuminOUS CBSUaIty COrporatlOn 20095 Edstrom Construction, Inc. INSURER B: Idaho State Insurance Fund 288U W 3200 $ INSURER C: Rexburg, ID 83440 INSURER D: INSURER E: ~ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN R LTR D NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION DATE MM/DD/Yl' LIMITS A X GENERAL LIABILITY CLP3256615 09101/08 09/01/09 EACH OCCURRENCE $1 000 OOO X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100 OOU CLAIMS MADE ~ OCCUR MED EXP (Any one person) $5 000 PERSONAL&ADVINJURY $1 UUU UUU GENERAL AGGREGATE $2 UUU UUU GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $2 UUU UUU POLICY X jE ~ LOC A AUT OMOBILE LIABILITY CAP3524346 09101108 09I01I09 COMBINED SINGLE LIMIT 000 UUU $1 X ANY AUTO (Ea accident) , , ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accdent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESSIUMBRELLA LIABILRY CUP258312U 09/01/08 09/01/09 EACH OCCURRENCE $2 UUU UUU OCCUR ~ CLAIMS MADE AGGREGATE $2 UUU UUU DEDUCTIBLE $ X RETENTION $ 1 O UUU - $ B WORKERS COMPENSATION AND 584805 01/01/09 01/01/10 X ~"'~sTATU- eTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $1,000,UUU OTHER DESCRIPTION OF OPERATIONS (LOCATIONS I VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Issued for 2009 Water Renovations Project. City of Bozeman is an additional insured for commercial general liability insurance for ongoing operations if required in your written contract or your written agreement but only for the project designated as per policy terms and conditions. City of Bozeman Attn: Robert Murray Engineering Department P.O. Box 1230 Bozeman, MT 59771-1230 OCt7Rn 25 l2D01/081 1 of 7 ffC7991d/Mdd17Q I..ANtiCLLN 1 IVIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _~_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ~, AUTHORIZED REP,RCS4NTATIVE ,..-c_. ~ © AC RD CORPORATION 198E 7 s~l=nsr:nNs ACORDTM EVIDE'N'CE OF PROPERTY INSURANCE ~Yi 06/29/2009 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER PHONE 2O8 522-3800 ~ A/C No Ext COMPANY HUB International Mountain tates t Bituminous Casualty Corporation P.O. Box 1816 Idaho Falls, ID 83403-1816 208-525-3830 Fax 208-525-3839 CODE: SUB CODE: AGENCY CUSTOMER ID #: INSURED LOAN NUMBER POLICY NUMBER Edstrom Construction, Inc. APP1131125 2880 W 3200 S EFFECTIVE DATE EXPIRATION DATE D O Rexburg, ID 83440 07101/09 07/01/10 RMINATE D IF CHECKED TE THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/D ESC RI PTIO N N 10th Ave, Main St to Lamme St Bozeman, MT N 9th Ave, Main St to Lamme St, Bozeman, MT N 8th Ave, Lamme St to Beall St, Bozeman, MT Lamme St, N 10th Ave to N 8th Ave, Bozeman, MT (See Attached Location Information) COVERAGE INFORMATION COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Risks of direct physical loss to covered property subject to policy terms, conditions, and exclusions. Covered property includes property that will become a ~ permanent part of buildings or structures including excavations, temporary structures, scafolding, and construction forms. 2009 Water Renovations Project $711,735 $1,000 Covered property in transit $10,000 $1,000 Covered property at unscheduled storage locations $10,000 $1,000 Earthquake $711,735 $5,000 REMARKS-(Including Special Conditions) Coverage is included for the interests of the owner, contractor, subcontractors, and engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of any of them. Coverage is included for testing subject to policy terms, conditions, and exclusions. Partial utilization of the work by owner is allowed when a date is provided to Bituminous Casualty Corporation. Expenses incurred in the repair or replacement of any insured property, including but not limited to fees and charges of engineers and architects, is included with a limit of $10,000. CANCELLATION THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 45 DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. ADDITIONAL INTEREST NAME AND ADDRESS ~ MORTGAGEE X ADDITIONAL INSURED City of Bozeman X LOSS PAYEE Attn: Robert Murray LOAN# Engineering Department P.O. Box 1230 AUTHORIZED REPRESENTATIVE Bozeman, MT 59771-1230 ~ - ~~ ~ ~ ~ ~~ ~'''"!' .. - . ~-~, ,~-7 r / ACORD 27 (3/93) 1 of 2 S 1$434 PDL ©ACORD CQRPORATION 199 PROPERTY INFORMATION (Continued from page 1.) LOCATI ONID ESC RIPTIO N N 5th Ave, Main St to Lamme St, Bozeman, MT Lamme St, N 5th Ave to N Grand Ave, Bozeman, MT N Willson Ave, Main St to Lamme St, Bozeman, MT 2009 Water Renovations Project, City of Bozeman iEM 27.2 (3(93)2 2 of S 18434 PDL This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By =: Natio»ar Sacie#y of ~~~~~~~ ACEC Protessional fnginee;rs~ __ _.._ A ~., ..av lw... .r F.~art+r r. ~ ~. Co"r.asir. lt)lRIS NI .. ... PiD/tssJGa?t b1Q PrfYSt~ ~...«.. ~~r « cr,.u e~M PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by 4 '~~,lc ,,. The Associated General Contractors of America Knowletlge for Creating and Sustaining the Buill Environmero Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 0 Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 1 -1_~_ 1 TABLE OF CONTENTS Paae ARTICLE 1 -DEFINITIONS AND TERMINOLOGY ........................................................................... ....................... 5 ........... 1.01 Defned Terms ..........................................................................................................................................................5 1.02 Terminology .............................................................................................................................................................7 ARTICLE 2 -PRELIMINARY MATTERS ............................................................................................................................... 8 2.01 Delivery of Bonds and Evidence of Insurance ......................................................................................................... 8 2.02 Copies of Documents ............................................................................................................................................... 8 2.03 Commencement of Co~atract Times; Notice to Proceed ........................................................................................... 8 2.04 Starting the Work ..................................................................................................................................................... 8 2.05 Before Starti~tg Construction ................................................................................................................................... 8 2.06 Preconstruction Conference .................................................................................................................................... 8 2.07 Initial Acceptance of Schedules ............................................................................................................................... 8 ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ........................................................................ 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 ......................................................................................................................................................10 ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ................................................................................................ 10 4.O1 Availability of Lands .............................................................................................................................................. 10 4.02 Subsurface and Physical Conditions .....................................................................................................................11 4.03 Differing Subsurface or Physical Conditions ........................................................................................................11 4.04 Underground Facilities .........................................................................................................................................12 4.05 Reference Points .................................................................................................................................................... 12 4.06 Hazardous Environmental Condition at Site .........................................................................................................12 ARTICLE 5 -BONDS AND INSURANCE .............................................................................................................................13 5.01 Performance, Payment, and Other Bonds .............................................................................................................13 5.02 Licensed Sureties and Insurers ..............................................................................................................................14 5.03 Certificates of Insurance ........................................................................................................................................14 5.04 Contractor's Liability Insurance ........................................................................................................................... 14 5.05 Owner's Liability Insurance ..................................................................................................................................15 5.06 Property Insurance ................................................................................................................................................15 5.07 Waiver of Rights ....................................................................................................................................................16 5.08 Receipt and Application of Insurance Proceeds ....................................................................................................16 5.09 Acceptance of Bonds and Insurance; Option to Replace .......................................................................................16 5.10 Partial Utilization, Acknowledgment of Property Insurer .....................................................................................17 ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES ..........................................................................................................17 6.01 Supervision and Superintendence .......................................................................................................................... 17 6.02 Labor; Working Hours ..........................................................................................................................................17 6.03 Services, Materials, and Equipment ...................................................................................................................... 17 6.04 Progress Schedule ................................................................................................................................................. 17 6.05 Substitutes and "Or-Eguals " ................................................................................................................................. 18 6.06 Concerning Subcontractors, Suppliers, and Others .............................................................................................. 19 6.07 Patent Fees and Royalties .....................................................................................................................................20 6.08 Permits ...................................................................................................................................................................20 6.09 Laws and Regulations ............................................................................................................................................20 6.10 Taxes ...................................................................................................................................................................... 21 6.11 Use of Site and Other Areas .................................................................................................................................. 21 6.12 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 ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 2 I~_ J 7 1 6.16 Ernergencies .............................................................................................................................. .............................22 6.17 Shop Drawings and Samples .................................................................................................... ............................. 22 6.18 Continuing the Work ................................................................................................................. ............................. 23 6.19 Contractor's General Warr•anry and Guarantee ...................................................................... .............................23 6.20 /ndemnification ......................................................................................................................... .............................23 6.21 Delegation of Professional Design Services ............................................................................ ..............................24 ARTICLE 7 -OTHER WORK AT THE SITE ........................................................................................... ..............................24 7.01 Related Work at Siie ................................................................................................................ .............................. 24 7.02 .......... Coordination .................................................................................................................. .............................. 2S 7.03 Legnl 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 When Due ......................................................................................................................... .............................. 25 8.05 Lands and Easements; Reports and Tests ................................................................................ ...........:..................25 8.06 Insur•ance ................................................................................................................................. .............................. 25 8.07 Change Or•der•s ........................................................................................................................ .............................. 25 8.08 Inspections, Tests, and Approvals ............................................................................................ ' .............................. 25 8.09 s Responsibilities ................................................................................. Limitations on Owner ..............................26 8.10 I/ndisclosed Hazardous Environmental Condition .................:................................................ .............................. 26 8.11 Evidence of Financial Ar•rangements ...................................................................................... .............................. 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 Sur•ety .............................................................................................................. ............................... 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 Wor•k ...................................................................................................................... ............................... 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 DEFE CTIVE 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 Wor-k ...................................................................................................... ............................... 33 13.06 Correction or Removal of Defective Work .............................................................................. ...............................33 13.07 Correction Period ................................................................................................................... ...............................33 13.08 AcceptariceofDefective Work ................................................................................................ ...............................34 13.09 Owner May Correct Defective Work ...................................................................................... ............................... 34 ARTICL E 14 -PAYMENTS TO CONTRACTOR AND COMPLETION ............................................... ............................... 35 - 14.01 Schedule of I~alues .................................................................................................................. ...............................35 14.02 Progress Payments ................................................................................................................. ............................... 35 14.03 Contractor's Warranty of Title ............................................................................................... ...............................36 14.04 Substantial Completion .......................................................................................................... ................................36 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 3 14.OS Partial Utili_ation ......... .................................................. 14.06 Final Inspection ................................. ................ ..... 37 .................................................................. ............................. 14.07 Final Payment ......................... ......................................... ........................ ......................37 ........................................ 14.08 Final Completion Delayed ........................ .......................................................................................37 ...................... 14.09 Waiver of Claims ............................. ....................................... .. 38 .............................................. .............................. ARTICLE 1S -SUSPENSION OF WORK AND TERMINATION ....................................................................................... 38 . 1 S.O1 Owner May Suspend Work ................. .......................................................................................38 ............................ 1 S.OZ Owner May Terminate for• Cause .............. .................... ................................................................... 38 ..................... 15.03 Owner May Terminate For Convenience ............... .. 38 ...................................................................... ....................... 15.04 Contractor May Stop Work or Terminate ....................................................................................... 39 ....................... ARTI LE 16 -DISPUTE RESOLUTION .............................................................................. ... 39 ...... ..................................... .... 16.01 Methods and Procedures ... .......................................................................... ............. 40 ............................................. ARTICLE 17 -MISCELLANEOUS .... . ............................... ..................... 40 ................................... . ............................................ 17.01 Giving Notice ................................... ...................................................... ........ .........................40 ............................... 17.02 Computation of Times ........................... .......................................................................................40 .......................... 17.03 Cumulative Remedies .. .. ....................................................................................... 40 . ................................................. 17.04 Survival of Obligations ....................... ................................................. .............. 40 ........................ ............................ 17.OS Controlling Law ............................ .. .............. .....40 .................................................................... . ................................ 17.06 Headings ........................................... ......................................................................................40 ............................... ......................................................................................40 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 4 GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capita] letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement--The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment--The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. S. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder--The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order--A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim--A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract--The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 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 l 1.03 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 fmal payment as evidenced by Engineer's written recommendation of final payment. I5. Contractor--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. r r--1 ~.~ EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 5 t ~~ _, 20. Field Order--A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements--Sections of Division 1 of the Specifications. 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 Regulations- -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--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone--A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the. Work. 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, standards and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 6 administratrve requirements and procedural matters applicable thereto. 44. Subcontractor--An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 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 aze 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 genera], 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 ©2002 National Society oC Professional Engineers for EJCDC. All rights reserved. 00700 - 7 d '~M r r I ~, _.~ ~~~ i~ i ~__ . f F F E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services; materials, or equipment; shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "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 2.0] Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to famish. 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, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times 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 continence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Consn-uction 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- videsthe 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 first 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 General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 8 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 Inient 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 required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or 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. ~r.• responsibilities 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.U3 Reporting and Resoh~ing Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each pan of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and al] applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by 'one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error; 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-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00'700 - 9 (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6. ] 7.D.3); or clarification. Engineer's written interpretation or 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing al] of the Work under a duect 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 fmal payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. y'Vhen transferring documents. in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities: If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price. or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright Chi 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 10 4.02 Subsurface anti 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 t7nderground 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 Differing 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 knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, 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 General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - l l L~ ~ ~l r F ~, rJ S F r II _i S F r c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated • The information and data 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 Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and deterrrrine 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 amibutable 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 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: EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 12 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or 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 lO.OS. 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 lO.OS. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the 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, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE S -BONDS AND INSURANCE S.O1 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 final 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 ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 13 E 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.O1.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 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 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other sinular 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 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.l 1 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 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 furnish 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 Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the 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: ] . 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 written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- callyrequired 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; Owner; 5. allow for partial utilization of the Work by 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, dlrectors, 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 - 15 L .~ r l '~ 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 o.f 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 Wainer 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 al] such rights against Subcontractors, and Engineer, and al] 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 extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after fmal 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. 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 requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order . B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance w;th rt,P r,,,,+,-~,.+ r.d~uL tr-~UU standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCISC. All rights reserved. 00700 - ] 6 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 2A1.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 w7iting 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 Utili~arion, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of al] 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.O1 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 Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract 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 pernrit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities; temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instnrctions 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. 0 F! E! EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - l7 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 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal " Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.OS.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 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 subnut 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 ftrrnish 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 not 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. 00700 - 18 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 MetJtods 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 Paragraphs 6.OS.A and 6.OS.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by 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. Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any 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: shall create for the benefit of any such E. Engineer's Cost Reimbursement: Engineer Subcontractor, Supplier, or other individual or entity any will record Engineer's costs in evaluating a substitute contractual relationship between Owner or Engineer and proposed or submitted by Contractor pursuant to any such Subcontractor, Supplier or other individual or Paragraphs 6.OS.A.2 and 6.OS.B Whether or not Engineer entity, nor approves a substitute item.so proposed or subrrtitted by Contractor, Contractor shall reimburse Owner for the 2. shall anything in the Contract Documents charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or substitute. Contractor shall also reimburse Owner for the Engineer to pay or to see to the payment of any moneys charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 79 ~,dnJ ~-_ ~•Y E N or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities perforrrring or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. 7~lme 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 Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, 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 all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations 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 knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 20 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction 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 rrraterials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, 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. 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 Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work C. All damage, injury, or loss to any property and make it ready for utilization by Owner. At the corn- referred to iri Paragraph 6.13.A.2 or 6.13.A.3 caused, pletion of the Work Contractor shall remove from the Site directly or indirectly, in whole or in part, by Contractor, all tools, appliances, construction equipment and any Subcontractor, Supplier, or any other individual or machinery, and surplus materials and shall restore to entity directly or indirectly employed by any of them to original condition all property not designated for perform any of the Work, or anyone for whose acts any of alteration by the Contract Documents. them may be liable, shall be remedied by Contractor (except damage or loss amibutable to the fault of Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 2] 1. - .~.I 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). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safeh~ 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 with 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. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample 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 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Revietiv 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 with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of 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 Continuing the Wo~•k A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's Genet•al 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 Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemniftcation 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 limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 23 S F w ~~ ~' b 1 '~~ F i~ ~r arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is amibutable 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, ahy 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 subnttals 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 O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 24 i~ i~ ii ii i~ 1 properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination ARTICLE 8 -OWNER'S RESPONSIBILITIES 8.01 Commwiications to Conn-actor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due ' A. If Owner intends to contract with others for A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and the performance of other work on the Project at the Site, 14.07.C. the following will be set forth in Supplementary Condi- ' tions: 8.05 Lands and Easements; Reports and Tests 1. the individual or entity who will have A. Owner's duties in respect of providing lands ' authority and responsibility for coordination of the activities among the various contractors will be identified; and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4 01 . ' and 4.05. Paragraph 4.02 refers to Owner s identifying 2. the specific matters to be covered by such and making available to Contractor copies of reports of authority and responsibility will be itemized; and explorations and tests of subsurface conditions and ' drawings of physical conditions in or relating to existing 3. the extent of such authority and responsibili- surface or subsurface structures at or contiguous to the ties will be provided. Site that have been utilized by Engineer in preparing the Contract Documents. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole 8.06 Insurance authority and responsibility for such coordination. ' A. Owner's responsibilities, if any, in respect to 7.03 Legal Relationships purchasing and maintaining liability and property insur- A. Paragraphs 7.O1.A and 7.02 are not applicable ance are set forth in Article 5. for utilities not under the control of Owner. 8.07 Change Orders B. Each other direct contract of Owner under A. Owner is obligated to execute Change Orders ' Paragraph 7.O1.A shall provide that the other contractor is as indicated in Paragraph 10.03. 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. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain C. Contractor shall be liable to Owner and any inspections, tests, and approvals is set forth in Paragraph other contractor for the reasonable direct delay and 13.03.B. ' disruption costs incurred by such other contractor as a result of Contractor's action or inactions. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Pro fessional Engineers for EJCDC. All rights reserved. 00700 - 25 ' w N r F il~~ r r ~ ~ I I r :~ 8.09 Limitations at Owner "s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.1 I Eti°idence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and 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 accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 26 9.06 Shop Drawings, Change Orders and Pavments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles I0, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor 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 Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or perfornance 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- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and 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 functioning 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 O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 27 w K promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree orl entitlement to, or on the amount or extent, if any, of an adjusmlent 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 lO.OS. 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 Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.O1.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph IO.OS; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. lO.OS Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. 7'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 party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.OI.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 lO.OS.C or denial pursuant to Paragraphs lO.OS.C.3 or lO.OS.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©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 10.05. ARTICLE I1 - COST O.F THE WORK; ALLOWANCES; UI~rIT PRICE WORK 1 1.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of al] costs, except those excluded in Paragraph 11.OI.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.O1.B. 1. Payroll costs for employees in the direct ' employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. ' Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, ' excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on ' Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. Al] trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same maruter 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 emplovPd by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 29 l -~ r~ .~ k resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in cormection 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 11.01.A.4, al] 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.OI.B. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.O1.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be deternned pursuant to Paragraphs 1 ] .01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as maybe acceptable to Owner and Engineer. B. Cash Allowances I .Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation ,overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each 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 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 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.U] Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by 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 12.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 1 l .O1) 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 detemuned 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 1 ~ 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.O1.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.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.OI.A.4, l l .Ol.A.S, and ] 1.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 ] 2.O1.C.2.e, inclusive. ] 2.02 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 o(the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 31 ~I~, l .~.r ~.d by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors perfomnng 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 charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E C tr h 11 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.0] Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the 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 full responsibility for arranging and obtaining such inspections, tests, or approvals, pay al] costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. on actor s a not be entrtled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays amibutable 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 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, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to al] fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as 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 O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 33 C ~^ I~...~ L~~ I~ ~.-~ C~ r B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to al] fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and 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 May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.O6.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 Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to al] 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 amibutable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as 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. _ 00700 - 34 payments and will be incorporated into a form of Applica- 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 I. 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 v<ziting 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 might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: 0 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 H r b inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or 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 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. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to deternune 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 General Conditions of the Construction Contract. Copyright C~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 36 Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial 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 and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 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 that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include , all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may famish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance E' 1. If, on the basis of Engineer's observation of A. Upon written notice from Contractor that the the Work during construction and final inspection, and entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for Payment Engineer will promptly make a final inspection with and accompanying documentation as required by the Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work writing of all particulars in which this inspection reveals 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 i~ r r w M i~ k . ,.,, 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 Uwner 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, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph S.O1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 1 S.O1 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 amibutable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph lO.OS. l 5.02 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 Owner has paid Contractor but which are stored elsewhere, and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 38 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 al] fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 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 termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and al] 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 determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly amibutable 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 ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 39 governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.O5.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.O5.C or a denial pursuant to Paragraphs ] O.OS.C.3 or l O.OS.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or - Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 -MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: .~ w ~" r 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended. or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. T'he duties and obligations imposed by these Genera] 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 terminatio~t 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 i~ A 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: 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 12 i~ i~ i~ SC - 2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: 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 11.01 .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: Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 2 of 12 ~.! il~~ SC - 4.03 -DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC - 4.04 -UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 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 Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 3 of 12 ' 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 d i h occurrences ur ng t e agreement period. SC - 5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.B: 1 C. The limits of liability for the insurance required by Paragraph 5.04 of the General di i C on t ons 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 E l ' ' c. mp oyer 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. Pre mises -Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personallnjury ' Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 4 of 12 i~ 5 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 Iniury: Each Person $ 500,000.00 Each Accident $ 1,000,000.00 Property Damage: Each Accident $1,000,000.00 (or) b. Combined Single Limit $ 1,000,000.00 Coverage to Include 1. All Owned 2. Hired 3. Non-Owned 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 maybe 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 Secrion 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 5 of 12 SC- 5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.B.5 of the General Conditions by striking out the words " 30 ' days" and replacing them with the words "45 days" and as so amended paragraph 5.04.B.5 remains in effect. SC - 5.06 PROPERTY INSURANCE ' ~ Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible ' amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors, Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each ' of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special ~"""' causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured ~ property (including but not limited to the fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials .and equipment have been included in an Application for Payment recommended by Engineer; and 5. be endorsed to allow occupancy and partial utilization of the Work by Owner; Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 6 of 12 6. include testing and start-up; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by Contractor in accordance with this paragraph SC5.06 shall comply with the requirements of paragraph 5.06.C of the General Conditions. D. The policies of insurance required to be purchased and maintained by Contractor in accordance with this paragraph 5.06.A shall comply with the requirements of GC - 5.06.C. The qualifications of the insurance company shall comply with the requirements of SC- 5.02.A. SC-6.02 WORHING 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 Genera] Conditions in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments will be acceptable to Engineer as providing an orderly progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefore. Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 7 of 12 [] 1 ii SC- 6.13 SAFETY AND PROTECTION Add new paragraphs to the end of paragraph 6.13.D of the General Conditions as follows: E. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. The right of the Owner and Engineer to observe or otherwise review the Work and operations shall not relieve the Contractor from any of his covenants and obligations hereunder. Contractor shall incorporate all safety requirements into his construction progress and work schedules including preconstruction and scheduled monthly safety meetings, posted safety rules, tailgate meetings, and site inspections by safety and other inspectors employed by the Contractor. F. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables, etc., and other underground construction uncovered in the proximity, or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires damaged by the Contractor's operations in the performance of this work shall be repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor's expense. The Contractor shall also be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. G. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. H. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 8 of 12 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 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. Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 9 of 12 r- 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- 14.0?.A APPLICATIONS FOR PAYMENTS ' Add the following language at the end of paragraph 14.02.A.1 of the General Conditions: Payments for materials in storage shall be based only upon the actual cost of the materials ' and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, ' proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in storage will be deducted from subsequent payments. Beginning with the second ' application, all requests for payment for materials in storage shall be accompanied by Bill of Sale, invoice or other document warranting clear title as required above. ' Add the following to Paragraph 14.02.A.3: ~ ' In accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainage may be used by the Owner to offset costs for any of the losses ~ -~ enumerated in Paragraphs 14.02.B.5.a through 14.02.B.S.d inclusive, 14.02.D. l.a. through ~_ ' 14.02.D.1.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. ~ ' Add a new paragraph after paragraph to 14.02.A.3 to read: ' 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement schedule, and ~ other data specified herein or reasonably required by Owner or Engineer. The ~ ' Owner reserves the right to require submission of monthly certified payrolls by the Contractor. ^ • ' Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 10 of 12 ~ a i~ SC -14.02.C PAYMENT BECOMES DUE Delete Paragraph 14.02.C.1 of the General Conditions in its entirety and insert the following in its place: ~` 1. The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the ~l 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 j 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. ~~ ~,~ SC- 14.05 PARTIAL UTILIZATION ~` Add the followin to Para a h 14.OS.A: g ~' P ~:; Owner has the right to take possession of or use any completed or substantially completed portions of the work at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract '~~ Documents. Owner's use of any facilities so identified in the Contract Documents will ~;~ not be grounds for extension of the contract time or change in the contract price. Owner's '~' Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS ~' Page 11 of 12 ~~ ' use of any facilities not specifically identified in the Contract Documents will be in accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adjusted with a ' Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the entire work will be done in accordance with General Conditions 14.04. Guarantee periods for accepted or substantially completed work including mechanical and electrical equipment will commence upon the start of continuous use by Owner. All tests and instruction of Owner's personnel must be satisfactorily completed, and Owner shall ' assume responsibility for and operation of all facilities occupied or used except as may arise through portions of work not yet completed by Contractor If the work has been substantially completed and the Engineer certifies that full completion thereof is ' materially delayed through no fault of the Contractor, the Owner shall, without terminating the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. SC-14.06 FINAL INSPECTION Add the following to Paragraph 14.06.A: ' After Contractor has remedied all deficiencies to the satisfaction of the Engineer and delivered all construction records, maintenance and operating instructions, schedules, t b d if ' guaran ees, on s, cert icates of inspection, and other documents (all as required by the Contract Documents) Owner and Contractor shall be promptly notified in writin b , g y 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 12 of 12 Montana Prevailing Wage Rates :~ ~: i~ MONTANA PREVAILING WAGE RATES FOR HEAVY AND HIGHWAY CONSTRUCTION 2008 Rates effective: July 18, 2008 Brian Schweitzer, Governor State of Montana Keith Kelly, Commissioner Department of Labor and Industry For information relating to public works projects and payment of prevailing wage rates, or to obtain copies of prevailing wage rate schedules, please visit the Labor Standards Bureau at: www.mtwaaehourbopa.com, or contact them at: Labor Standards Bureau Montana Department of Labor and Industry P. 0. Box 6518 ' Helena, MT 59604-6518 Phone: 406-444-5600 TDD: 406-444-5549 ii 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. 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 mtwa~e- hourbopa.com or by contacting the Labor Standards Bureau at (406) 444-5600. This publication provides general information concerning compliance with Mon- ' tam'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. r r KEITH KELLY Commissioner Department of Labor and Industry State of Montana 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 7 4 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.' Heavy 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- tion projects and are included in this publication. These rates apply statewide or as shown in MT070001 Modification No. 7. ' 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 5 ' 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- t 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 (11)(a)) defines "public works con- 1 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 Heavy 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 mtwagehourbo~a.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 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. Apprentices 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. I. Employment Preference Sections 18-2-403 and 18-2-409, Montana Code Annotated require contrac- t tors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. I' J. Rates to Use for Projects I' 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. i~ ii i~ i~ i~ r g t MONTANA STATEWIDE PREVAILING DAVIS-BACON ' Rates Effective: July 18, 2008 HEAVY CONSTRUCTION WAGE RATES 1 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 ' Rates Fringes Diver Tender $27.27 $7.80 Diver $56.54 $7.80 DEPTH PAY (Surface Diving) ' 050 to 100 feet $2.00 per foot 101 to 150 feet $3.00 per foot t 151 to 220 feet $4.00 per foot 221 ft & deeper $5 er foot 00 . p ' 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 E i d G d xper ) ence roun man $18.44 $4.75%+10.36 1 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 ELEC0532-001 06/01 /2007 GALLATIN, PARK, AND SWEET GRASS COUNTIES Rates Electrician $25.14 Rates Fringes $25.50 $4.25%+9.20 Fringes $4.25%+8.40 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 Rates Fringes Electrician $26.43 $10.25 ELEC0768-003 12/01 /2005 FLATHEAD, LAKE, AND LINCOLN COUNTIES 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) Tree Trimmer $24.37 $10.91 (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-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-end Loader under 1 cu yd; Heavy Duty Drills; ' Herman Nelson Heater; Mulching Machine; Oiler, all except Cranes. & Shovels; Pumpman. ' 14 ' GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to and including 3 cu yd; ' Bit Grinder; Bituminous Paving Travel Plant; Boring Machine, large; Broom, self-propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push & Side Boom; Elevating Grader/Gradall; Field Equipment Serviceman; Front- end Loader 1 cu yd to including 5 cu yd; Grade Setter; Heavy Duty Drills, all types; Hoist/Tugger, all; Hydralift & similar; Industrial Locomotive; Motor Patrol, except Finish; Mountain Skidder; Oiler -Cranes & Shovels; Pavement Breaker, EMSCO; Power Saw, self-propelled; Pugmill; Pumpcrete/Grout Machine; Punch Truck; Roller, other than Asphalt; Roller,. Sheepsfoot, self- propelled; Roller, 25 tons and over; Ross Carrier; Rotomill under 6 ft; Trenching Machine; Washing/Screening Plant. GROUP 3: Asphalt Paving Machine; Asphalt Screed; Backhoe/Excavator/Shovel over 3 cu yd; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine/Slip Form Paver; Finish Dozer; Front-end Loader over 5 cu yd; Mechanic/V1lelder; 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 07/01 /2006 FLATHEAD, GLACIER, LAKE, LINCOLN, MINERAL, MISSOULA, AND SANDERS COUNTIES Ironworker Rates Fringes $23.17 $14.70 IRON0841-002 07/01 /2005 REMAINING COUNTIES Ironworker Rates Fringes $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 1 C i 16 GROUP 2: All General Labor work; Burning Bar; Bucket man; CarpenterTender; 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 hour above Group 4 rate); Rock & Core DriIl;TankNessel 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 WHEATLAND COUNTIES Rates Fringes Painter $13.85 $1%+3.45 17 PAIN0260-002 07/01 /2002 FLATHEAD, GRANITE (North of a line running East & West through the Southern city limits of Phillipsburg), LAKE, LINCOLN, MINERAL, MISSOULA, POWELL (North of a line running East & West through the Southern city limits of Helmsville), RAVALLI, AND SANDERS COUNTIES Painter PAIN1922-001 06/01 /2001 Rates Fringes $16.85 $1 %+3.45 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 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 $12.65 PLUM0041-001 07/01 /2007 BEAVERHEAD, BROADWATER, DEER LODGE, GALLATIN, GRANITE, JEFFERSON, LEWIS AND CLARK, MADISON, PARK, POWELL, SILVER BOW, AND SWEET GRASS COUNTIES Rates Fringes Plumber $26.25 $10.50 i~ 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 DumpTrucks 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; PowderTruck (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-FrameTruck, Crane, Hydralift, Gout-Crete Truck, and Combination Mulching, Seeding & Fertilizing Truck;Truck Mechanic WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental. II ~o i 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 rev ili p a ng. END OF GENERAL DECISION ' 21 MONTANA STATEWIDE PREVAILING ' DAVIS-BACON ' Rates Effective: July 18, 2008 HIGHWAY CONSTRUCTION WAGE RATES 1 ' General Wage Determinations Issued Under the Davis-Bacon a d R l t d A t n e a e c s ' State: Montana Construction Types: Highway ' Counties: Montana Statewide t I'' 22 HIGHWAY CONSTRUCTION PROJECTS **ZO N E 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, Pondera, 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 Ironworker: Flathead, Glacier, Lake, Lincoln, $24.80 Mineral, Missoula, and Sanders Fringes $13.71 Remaining Counties $23.15 $13.71 24 Races 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; CarpenterTender; ' 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; 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 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 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) ' 26 ' 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 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 ' 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 & ' 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; T hi M hi W Pl hi /S i t renc ng ac ne; as creen ng an ng n 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 Overhead; Concrete Pump; Curb Machine/Slip Form Paver; Finish Dozer; Mechanic/V1/elder; 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; GROUP 4: Asphalt/Hot Plant Operator; Cranes, 25 tons to 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper SPECIAL OPERATORS: GROUP 5: GROUP 6: Cranes, 45 tons to and including 74 tons Cranes, 75 tons to and including 149 tons GROUP 7: 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 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; Service Truck/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)). 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.mtwagehourbopa.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 $0.00 for distribution. NOTICE OF AWARD Dated: TO: ADDRESS: PROJECT: CONTRACT FOR: You are notified that your Bid opened on , for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: The Contract Price of your Contract is: Dollars ($ 1. copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. set of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by 1. You must deliver to the OWNER fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (Article 20), and the General Conditions (paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: BY: (CITY MANAGER) (CITY CLERK) DATE: NOTICE TO PROCEED TO: ADDRESS Contract: (CONTRACTOR) Dated (Insert name of Contract as it appears in the Contract Documents} Project: OWNER'S CONTRACT NO You are notified that the Contract Times under the above contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is and the date of readiness for final payment is Before you may start any Work at the Site, paragraph 2.7 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: (add other requirements) Citv of Bozeman (OWNER) By: (AUTHORIZED SIGNATURE) ACCEPTANCE OF NOTICE TO PROCEED By: (CONTRACTOR) (TITLE) Copy to Engineer (Use Certified Mail, Return Receipt Requested) (DATE) MONTHLY PAY ESTIMATE SUMMARY Date 2009 Water Renovations Project City of Bozeman, Montana Estimate No._ - to , 2009 DESCRIPTION Earnings for Work & Materials Installed: Plus 100% of Invoice for Materials Stored: Less Materials Used: Subtotal: 5% Retainage: Net Earnings: Less 1 % Gross Receipts Tax: Gross Payment: Less Previous Payments: Net Payment this Estimate: Percent Time Elapsed: Work Done Based on Installed Cost: Contract Completion Data: Notice to Proceed Date: Original Contract Completion Time (dy): Stop/Resume Work Orders (dy): Approved Time Extensions (dy): New Contract Completion Time (dy): Contract Completion Date: Contract Cost Data: Amount of Original Contract: Approved Changes: Revised Amount: Approved by (Contractor): AMOUNTS THIS MONTH PREVIOUS TO DATE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 #VALUE! #DIV/0! 90 0 0 90 3/30/1900 $0.00 $0.00 $0.00 Approved by City of Bozeman (Owner): PAY ESTIMATE 2009 WATER RENOVATIONS PROJECT CONTRACTOR: ENGINEER: City of Bozeman P.O. Box 1230 Bozeman, MT 59771 PAY ESTIMATE NO. _ to , 2009 QUANTITY COMPLETED AMOUNT EARNED PLAN THIS PREVIOUS TO BID THIS PREVIOUS TO ITEM DESCRIPTION UNIT OUANTITY ESTIMATE ESTIMATE DATE PRICE ESTIMATE ESTIMATE DATE 101 Taxes, eontls, Insurance LS 1 0 0 0 50.00 $0.00 $0.00 $0.00 102 Mobilization LS 1 0 0 0 E0.00 50.00 50.00 50.00 103 Connection to existing main FA 19 0 0 0 50.00 50.00 50.00 50.00 104 4" MJ gate valve EA 4 0 0 0 $0.00 $0.00 $0.00 $D.00 105 6" MJ gate valve EA 15 0 0 0 $0.00 $0.00 $0.00 50.00 106 6" MJ gate vavle EA 22 0 0 0 50.00 50.00 50.00 50.00 107 8x4 MJ increaser FA 1 0 0 0 E0.00 50.00 $0.00 E0.00 108 8x6 MJ increaser EA 13 0 0 0 E0.00 E0.00 E0.00 $0.00 109 Bx4x8 MJ tee EA 3 0 0 0 50.00 50.00 50.00 50.00 110 Bx6x8 MJ tee EA 7 0 0 0 50.00 50.00 50.00 E0.00 111 6x6x6 MJ tee EA 2 0 0 0 50.00 50.00 50.00 $0.00 112 8x8 cross EA 7 0 0 0 50.00 $0.00 $D.00 $0.00 113 8x6 cross FA 1 0 0 0 50.00 50.00 E0.00 50.00 114 10x8 cross EA 1 0 0 0 E0.00 E0.00 $0.00 $0.00 115 11.25 tleg. 8" MJ Dentl EA 12 0 0 0 E0.00 50.00 50.00 50.00 116 22.5 deg. 8" MJ bend EA 4 0 0 0 50.00 50.00 $0.00 50.00 117 45 deg. 8" MJ bentl EA 2 0 0 0 $0.00 $0.00 $0.00 E0.00 118 45 deg. 4" MJ bend EA 2 0 0 0 E0.00 E0.00 50.00 $0.00 119 8" ductile iron pipe LF 5021 0 0 0 50.00 50.00 50.00 50.00 120 Service reconnection wlin trench limits FA 63 0 0 0 E0.00 E0.00 E0.00 $0.00 2" diameter and smaller 121 Service reconnection w!n trench limits EA 2 0 0 0 E0.00 $0.00 $0.00 $0.00 4" diameter and larger 122 Service reconnection outsitle trench limits LF 100 0 0 0 $0.00 $0.00 $0.00 50.00 2" diameter and smeller 123 Service reconnection outside trench limits LF 20 0 0 0 E0.00 E0.00 50.00 $0.00 4" diameter end larger 124 Fire Hydrant 7.0' Bury FJ~ 1 0 0 0 50.00 E0.00 E0.00 50.00 125 Fire Hytlrant 7.5' Bury EA 5 0 0 0 $0.00 50.00 50.00 E0.00 126 Fire Hydrant 9.0' Bury EA 1 0 0 0 $0.00 E0.00 50.00 $0.00 127 Insulation LF 7287 0 0 0 50.00 E0.00 50.00 $0.00 128 Traffic Control LS 1 0 0 0 $0.00 E0.00 $0.00 50.00 129 Temorary water system LS 1 0 0 0 $0.00 E0.00 50.00 $0.00 130 AsphaB Surface Restoration LF 5110 0 0 0 50.00 50.00 SD.DD $0.00 131 Type 2 bedding CY 20 0 0 0 50.00 $0.00 $0.00 SD.DD 132 Quality Assurance Testing LS 1 0 0 0 E0.00 50.00 50.00 $0.00 133 Miscellaneous Work FA 10000 0 0 0 51.00 50.00 $0.00 $0.00 SUBTOTAL BID ITEM WORK INSTALLED $0.00 E0.00 50.00 Matedals in Storage E0.00 E0.00 $0.00 Materials out of Storage $0.00 $0.00 $0.00 SUBTOTAL $0.00 50.00 $0.00 Total Amount Due 50.00 $0.00 $0.00 Less Retainage 5 % $0.00 $0.00 $0.00 Subtotal 50.00 $0.00 50.00 Less t % Gross Reciepts Tax E0.00 50.00 $0.00 Subtotal $0.00 $0.00 E0.00 Less Previous Payments 50.00 $0.00 Total Due This Payment E0.00 E0.00 ' CITY OF BOZEMAN ACCOUNTS PAYABLE P.O. Box 1230 . Bozeman, MT 59771-1230 (406) 582-2334 PAY T0: DATE PAID: ' DATE INVOICE # FUND ACCOUNT OBJECT PROJECT i ~ , t WARRANT # WARRANT TOTAL $ VENDOR # DESCRIPTION AMNT ' I, the undersigned, do solemnly swear, that I am of OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant, and the amounts shown therein are a true and lawful claim against the City of ' Bozeman and wholly unpaid. Sign here: Phone SS# or Tax ID # .Business License # THE CITY OF BOZEMAN MUST HAVE YOUR SS# OR TAX ID# AND BUSINESS LICENSE NUMBER BEFORE THIS ' CLAIM WILL BE PROCESSED. l . "L. DEPARTMENT HEAD OF DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: Field Order No. Date of Issuance: Effective Date: Project: Owner: Ownefs Contrail No.: Contract: Date of Contract: Contractor: Engineefs Project No.: Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.05A., for minor changes in the Work without changes in Contract Price or Contract Times. If you consider that a change in Contract Price or Contract Times is required, p!eas~ notify the Engineer immediately and before proceeding with this Work. Reference: (Specification Section(s)) (Drawing(s)! Detail(s)) Descri Attachments: Engineer: Receipt Acknowledged by (Contractor): Date: Copy to Owner EJCDC No. C-942 (2002 Edition) Page I o[ 1 Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. \..11A1 ~ V iJ V l\L JJl\ No. DATE OF ISSUANCE EFFECTNE DATE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER ENGINEER'S Contract No. You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Original Contract Price Net Increase (Decrease) from previous Change Orders No. to Contract Price prior to this Change Order: Net increase (decrease) of this Change Order: Contract Price with all approved Change Orders: CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (da s or dates Net change from previous Change Orders No. _ to No. _• Substantial Completion: Ready for final payment: (days Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: days or dates Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. ~ CONTRACTOR (Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER -Signature) Date OWNER (Authorized Signature) Date EJCDC 1910-8-B (1996 Edition ' Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Page 1 of 2 C:\Backup\Lamme Water Replacement\Specs\COB Change Order Form.doc ' CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. Page 2 of 2 ' C:\Backup\Lamme Water Replacement\Specs\COB Change Order Form.doc ORDER TO CONTRACTOR TO SUSPEND WORK ~'~ Federal/State Project Number DATE: Morrison-Maierle, Inc. Project Number Suspend Work Order No. TO: PROJECT AND LOCATION OWNER: ' By reason of which renders it impracticable for you to secure specified results on the work required by your contract, you are hereby directed to suspend work (minor operations excepted), at the close of work on You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will (will not) continue to be charged during the period work is suspended. (See General Conditions, Articles 12 and 15 and applicable Supplementary Conditions). calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendardayshavebeen used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: TITLE: cc: Morrison-Maierle, Inc. BY: TITLE: Address for Correspondence: Order to Contractor to Suspend Work -Page 1 of 1 ' C:\Backup\Forms\7 suspend_wrk.doc 4/2/09 I ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Morrison-Maierle, Inc. Project Number TO: Resume Work Order No. DATE: PROJECT AND LOCATION OWNER: The Suspend Work Order, dated ,directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective Under the terms of your contract for this project, Contract Time was (was not) charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, of the calendar days Contract Time had been used. calendar days were charged during the period work was suspended, therefore, on the date this resume work order is effective, calendar days of Contract Time remain. The (revised) contract completion date is 20 Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your file. CONTRACTOR Receipt Acknowledged, Date: BY: TITLE: OWNER BY: TITLE: Address for Correspondence: cc: Morrison-Maierle, Inc. Order to Contractor to Resume Work -Page 1 of 1 C:\Backup\Forms\9 resume_wrk.doc 4/2/09 SPECIAL PROVISIONS GENERAL The work to be performed under this contract involves furnishing all labor, materials, equipment, supplies and services necessary for installation of an 8" water main and associated appurtenances to replace existing mains in the City of Bozeman. ' All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Fifth Edition (MPWSS), St" Edition, and as further modified by the City of Bozeman Modifications to MPWSS, St" Edition, including Addendums, which is hereby included as part of these specifications. All references to MPWSS sections, unless otherwise noted, are a reference to said Montana Public Works Standard Specifications. '' All correspondence and official authorization concerning the work shall be with the City Engineer or his designated representatives as identified at the preconstruction meeting. Any changes in the Work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractors '' risk at no cost to the Owner. All damages, reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. SCOPE OF WORK The work involves replacement of existing mains with the installation of approximately 5,015 LF of 8" ' ductile iron water main and appurtenances. The work areas are generally described as: N. 10`" Ave., Main St. to Lamme St.; N. 9t" Ave., Main Street to Lamme St., N. 8t" Ave., Lamme St. to Beall St.; Lamme St., N. l0`" Ave. to N. 8`" Ave.; N. 5~' Ave., Main St. to Lamme St.; Lamme St., N. St" Ave. to N. '' Grand Ave.; and N. Willson Ave., Main St. to Lamme St. 3. AWARD OF CONTRACT The award of the contract, if awarded, will be made within the period specified in the Invitation to Bid to ~'' the lowest responsive, responsible Bidder who's Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the address shown on the Bid, that his Bid has been accepted and that he has been awarded a contract. The Bid schedules maybe awarded as a ',' single total combined contract, may be awarded singly as separate contracts, or in any combination of schedules which result in the lowest project cost to the owner. 4. TIME OF COMMENCEMENT AND COMPLETION DATE II The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written by the City Engineer to the Contractor. In establishing the date when Contract Time begins, the Engineer will consider that the contract time begins following delivery of the NOTICE TO PROCEED. A separate notice to proceed may be issued for each separate or combined bid schedule. Where multiple schedules 1 SPECIAL PROVISIONS are awarded under a single contract, the contract times shall run concurrently, unless the City agrees to issue separate notices to proceed. The Contract Time will expire automatically the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change order. 5. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of $500.00 per calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 6. COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the project following the Bid Opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner. 7. NAMES, PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer, trade name, or brand, such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written approval of the Owner. No substitutions will be considered until after contract award. 8. APPROVAL OF EQUIPMENT AND MATERIALS The Contractor shall furnish to the Owner or its Engineer for approval the name of the manufacturer of machinery, mechanical and other equipment and materials which he contemplates using in execution of the work, together with the performance capacities and such other information which may be pertinent or required by the Owner. 9. BIDDER'S QUALIFICATIONS The Contractor shall show evidence that he has the finances, organization, and equipment to perform the work with a limited number of subcontractors. The Contractor will be required to have afull-time resident General Superintendent on the job at all times while the work is in progress. He shall be in a position to direct the work and make decisions either directly or through immediate contact with his 2 SPECIAL PROVISIONS ' superior. Absence or incompetence of the superintendent shall be reason for the Owner to stop all work on the project. ' 10. WARRANTY ' If, within two years after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. ' Should the Contractor fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. 11. SCHEDULING Prior to or at the PRECONSTRUCTIONOONFERENCE, the Contractor shall provide the City Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing, and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule. C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for the specific conditions involved with each construction schedule. The Contractor shall limit working hours to 7:00 a.m. to 7:00 p.m., Monday through Friday. No work shall be done outside of these hours unless specifically approved by the City Engineer. 12. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a conference will be held at the City Engineer's Office, 20 E. Olive Street, for the purpose of discussing requirements on such matters as project supervision, on-site inspections, progress schedules and reports, payrolls, payment to contractors, contract change orders, insurance, safety, and any other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel and a representative from each of the affected utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and any problems anticipated. 13. SHOP AND FABRICATION DRAWINGS The Contractor shall prepare and submit fabrication drawings, design mix information, material testing 3 SPECIAL PROVISIONS ' compliance data, and other data, in accordance with the General Conditions. Following review, the Contractor shall resubmit copies of any drawings which required revision or correction. Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper operation of any item required under the Contract. Notwithstanding any such review, Contractor shall remain solely ' responsible for full and complete performance in accordance with the terms, conditions, provisions, drawings and specifications set forth in the Contract Documents. 14. UNDERGROUND UTILITIES The Contractor shall be responsible for checking with the Owners of underground utilities such as the City, County, power and telephone companies, etc. as to the location of their underground installations in the project area. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. A Montana One-call system, phone number 1-800-424-5555 has been set up to facilitate requests for underground facility located information. The Contractor is responsible for contacting the One-call system prior to any excavation. 15. EASEMENTS, RIGHTS-OF-WAY, ADJOINING PROPERTY The Contractor shall contain all of his construction operations within the easements and rights of way unless written approval is secured from the owner of the adjoining property or written approval is given by the Owner to utilize the adjacent land area. 16. TRAFFIC CONTROL A. General. The Contractor shall at all times conduct his operations so that there is a minimum interruption in the use of the City's streets affected by the work. Exact procedures in this respect shall be established in advance of construction with the City Engineer. Barricade function, design and construction shall conform to the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) and the Standard Specifications for Road and Bridge Construction of the State Highway Commission of Montana latest Edition. ' Should construction of the project require the closure of any streets, roads or highways or require night- time or long-term traffic control, the Contractor will be required to prepare a detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the specific conditions. 4 SPECIAL PROVISIONS Traffic control plans shall be in conformance with the requirements of the Manual on Uniform Traffic Control Devices. In regards to closures, the plan shall include specific details on traffic detours and estimated durations of the closures. Details of signing, barricades, flagging and other traffic control devices shall be presented. The traffic control plan shall be approved by the Owner prior to construction. The Contractor may be required to modify or adjust a traffic control set-up to fit specific field conditions encountered during construction. B. Traffic Access. Construction work shall be programmed by the Contractor so that local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all affected residents in the area of programmed work, of street closures, parking requirements and restrictions, and any other conditions, a minimum of twenty-four (24) hours prior to beginning work within the affected area. All signing, barricades, and other traffic control measures shall be provided by the Contractor. C. Warning_Signals. All streets, roads, highways and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed, mounted or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over; and obstructions, including but not limited to, material stockpiles and equipment shall be similarly protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. D. Notifications. The Contractor shall coordinate all of the Contractor's construction activities to minimize conflicts at the work site, off-site events, or other construction projects nearby. The Contractor shall notify all affected residents and businesses, the Bozeman Police, Fire, Street, and Sanitation Departments, Laidlaw Bus Service, Streamline Bus Service, AMR Ambulance Service, and Allied Waste Services of all planned street closures a minimum of 24 hours before any actual street closure. In addition, all businesses affected by a street closure shall be given seven (7) days advance notice of the upcoming street closure. The Contractor shall maintain a log of all advance notifications that have been made for each street segment construction site. Prior to closure of any collector or arterial street, the Contractor shall prepare a news release announcing the upcoming street closure which shall specify at a minimum the impact of the construction upon the public and the duration of the work. At least three days prior to the street closure, the Contractor shall submit the news release to all local news media, and shall cause the news release to be published as a display ad in the Bozeman Daily Chronicle. E. Signalized Intersections. The Contractor shall coordinate with the City of Bozeman Street 5 SPECIAL PROVISIONS ' Department and the Montana Department of Transportation when working in or near a signalized intersection. Signals shall not be disrupted without prior approval by City of Bozeman Street Department and the Montana Department of Transportation. ' F. Work Methods. ' 1. The Contractor shall position all traffic control devices according to plan prior to positioning personnel or equipment on the traveled way. ' 2. The Contractor shall inspect and check the work zone traffic control frequently including weekends, holidays, and other non-working days, and shall correct any deficiencies discovered. The Contractor shall keep a log of all inspections. 3. Construction traffic control devices shall be removed or covered when they are not being used for construction activities. 4. If the Contractor fails to correct a deficiency in the traffic control system that the Engineer deems a necessary traffic control modification to expedite the movement of traffic or an emergency hazard to life and/or property, the Owner may correct the deficiency and be reimbursed for all costs from the next progress payment to the Contractor. 5. Flagging shall be only performed by certified and properly equipped flagpersons. Flagging shall be done as described in the booklet "Instructions to Flagpersons" published by the Montana Department of Transportation. 6. Sidewalks and crosswalks shall remain free of debris and open to pedestrians to the greatest extent possible. When necessary pedestrian detours shall be established or the sidewalk shall be properly closed to travel in accordance with the MUTCD and City of Bozeman requirements. 7. The Contractor shall schedule the work to minimize inconvenience to the Owner and to adjacent property owners and to minimize interruptions to utility service and through traffic. The Contractor shall maintain vehicular access to local businesses at all times. The Contractor shall maintain vehicular access to residences able to be used after each shift. 8. The Contractor shall designate one (1) employee whose primary purpose shall be to coordinate traffic control and shall provide a 24 hour per day telephone number or numbers to contact this person. SPECIAL PROVISIONS 17. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils and materials unless otherwise ' directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. t Contractor shall comply with all Local, State, and Federal laws and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Department of Fish, Wildlife and Parks, Department of Health and Environmental Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations. Contractor's shall include all clean-up, restoration, etc., of any detention or discharge areas. All debris or waste materials shall be cleaned up by the end of the work day. 18. PROTECTION OF EXISTING PAVEMENT ' All equipment shall be fitted with pads on the outriggers and other accessories as necessary to prevent damage to existing pavement during the course of the project. Any damages to pavement shall be corrected by the Contractor, at his expense, in a manner as directed by the Engineer. 19. MANHOLES, VALVE AND MONUMENT BOXES All manholes, valve and monument boxes shall be protected with heavy builders paper until final coating and compaction has occurred. Contractor shall dig out and clean completely all boxes and manholes which are not protected. All manholes and boxes which are at the edges of the defined limits of construction shall be treated as if they are completely within the construction area and the area immediately surrounding the raised and/or protected manholes and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or box. It is imperative that manholes and valve boxes be accessible to the City for emergency maintenance of its utilities. The Contractor shall schedule his work to provide timely access to manholes and valve boxes. 7 SPECIAL PROVISIONS Manholes, and valve and curb boxes overlaid by the Contractor and not immediately re-exposed shall be subj ect to being uncovered by City crews without notice in response to emergency maintenance needs. The Contractor shall be responsible for reasonable restoration at no cost to the City. 20. OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. 21. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the Owner. All hydrants shall be delivered to a site of the Owner's choosing within the property limits of said Owner. All items that can be recycled (i.e. pipe, fittings, ect.) shall be delivered by the contractor to Pacific Steel and Recycling. All funds collected for the recycled material shall be given to the Water Superintendent. Any costs for the above referenced work shall be at the contractor's expense. 22. ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers and records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 23. INSURANCE Insurance coverage required under this contract shall extend, at a minimum, to the end of the contract time. 24. WATER SERVICE RECONNECTIONS ' It shall be the responsibility of the CONTRACTOR to hook up all active water services. Water services as shown on the plans have been identified to be active or inactive (not hooked up) based on the best available records, however it shall be the CONTRACTOR'S responsibility to verify which ' services are active and need reconnection. He shall be responsible for contacting and coordinating with the landowners to determine which services are active. All active water services shall be reconnected. CONTRACTOR shall be responsible for locating all service connections outside ' mainline trench limits. Copper pipe shall be used to reconnect service lines 2" and smaller and ductile iron pipe shall be ' used to reconnect services 4" and larger. All active services encountered that are not copper, cast iron, or ductile iron pipe shall be replaced up to the meter. Replaced services shall be of same size as existing service, unless otherwise directed by the ENGINEER. 8 SPECIAL PROVISIONS 25. WATER SERVICE SHUTDOWNS The CONTRACTOR shall notify water service customers of any water main or water service shutdowns in writing between 24 and 48 hours prior to the disruption, and shall have all necessary materials, tools, equipment and labor on the site prior to removing the existing lines from service. 26. ABANDONING EXISTING PIPE Existing water, sanitary sewer, and storm drainpipes noted on the plans to be abandoned in place shall be abandoned only after the new water line, storm drain or sanitary sewer, or usable portions thereof, have been constructed, tested, and approved. All ends of the abandoned pipes shall be plugged with Class M-3000 concrete. Upon completion of the installation of the new water mains and disconnection of the existing water mains, the contractor shall remove all abandoned appurtenances that are at or above grade that were not removed during installation of the new water main. Fire hydrants shall be removed down to the shoe and salvaged to the City of Bozeman. Curb box and valve box castings shall be removed to a minimum of 18" below grade. The resulting voids shall be filled with flowable fill if within a paved surface and patched with either asphalt plant mix or portland cement concrete to match the existing pavement surface type and thickness. Voids in landscaped areas shall be backfilled with compacted soil and seeded. The cost of abandoning existing pipes and other appurtenances shall be considered incidental to construction and the cost for this work shall be absorbed in related items of work. 27. LANDSCAPING RESTORATION ' CONTRACTOR shall be responsible for the restoration of any and all landscape features disturbed during construction. All landscaping disturbed by construction activities must be restored to a condition equal to or better than the conditions existing prior to construction as judged by the t ENGINEER. The CONTRACTOR shall be required to stockpile and restore all topsoil and irrigation systems disturbed by construction. The cost of landscaping restoration shall be considered incidental to construction and the cost for this work shall be absorbed in related items of work. Section 02910 - Seeding Add the following: 2.1 Seed Use the following seed mixture to seed all disturbed landscaped areas at a rate of 30 lbs/acre: Tall Water-save Fescue 60% Kentucky Bluegrass 25% Perennial Ryegrass 15% 9 SPECIAL PROVISIONS 28. WATER PIPE MATERIALS AND SPECIALS A. Water main piping materials shall be ductile iron pipe as referenced in Section 02660, MPWSS, and City of Bozeman Modifications to MPWSS. ' B. All service line reconnections or extensions shall be installed under existing mains. C. Service reconnections shall be reconnected by the method shown on City of Bozeman Standard Drawings 02660-6 and 02660-12. Note that all corporation stops shall be ball core valve type, and all curb stops shall be ball valve curb stops. D. The reconnection of services shall be made with the minimum amount of fittings necessary. At the determination of the ENGINEER, exposed existing fittings shall be removed and the service reconnection point lengthened, as necessary. This shall be incidental to the work. E. The reconnection of services shall follow the guidelines of the industry and material manufacturer. This will include: 1. Removal of burrs after cutting the pipe. 2. The use of a manufactured sizing tool to true the pipe. 3. Using special care to keep the fittings clean. 4. Forming the specified expansion loop. 29. INSULATION BOARD Water line insulation board shall have a closed cell structure with an R-Value of 5 per inch of thickness. Maximum water absorption shall be 0.1 % by volume and minimum compressive strength shall be 100 psi. Insulation board shall be Styrofoam Brand High Load 100 or approved equal. Insulation board shall be installed with 2-inches of sand bedding and 2-inches of sand over the top of the insulation board. Insulation board shall be installed as specified on the plans over all water mains, service lines, or hydrant leads when depth of cover is less than 6.5 feet. 30. FIRE HYDRANTS There may be locations where fire hydrants are to be installed at depths which differ from the typical bury depth. CONTRACTOR shall be responsible for obtaining the correct materials to ensure that all fire hydrants are installed with the proper bury depth. Installation of fire hydrants must be such that the break away bolts are accessible from underneath and that the bottom of the break away flange is not installed more than 3-inches above the finished grade. 31. MAINLINE CONNECTIONS All mainline connection taps will be performed by the City of Bozeman personnel. City personnel 10 SPECIAL PROVISIONS will verify test results prior to tapping. CONTRACTOR shall be responsible for supplying and installing tapping tee, connection sleeves, spool pieces, and all other appurtenances required for connections. Once tap is completed, CONTRACTOR shall complete all connections. CONTRACTOR shall provide means, methods, and labor to set and remove tapping equipment. City of Bozeman requires 24-hour notice and an appointment (scheduled time) for tapping services. No taps will be made after 3:00 p.m. CONTRACTOR shall be ready at scheduled tapping appointment time. If CONTRACTOR is not ready at scheduled time, City personnel will leave and CONTRACTOR shall reschedule with the required 24-hour notice. No consideration will be given to CONTRACTOR's inability to be ready at the scheduled tapping time. City of Bozeman will provide tapping service at no cost to CONTRACTOR. 32. CHLORINATION AND TESTING Water Water required for water main flushing, filling, and hydrostatic pressure and leakage testing shall be provided at no cost to the CONTRACTOR. Flushing CONTRACTOR shall provide a means for flushing and bleeding air from water lines. For flushing, a minimum of one 2" tap (core and saddle) for pipe less than 12 inches diameter and two 2" taps (core and saddles -with 1' separation) for pipe 12 inches diameter and greater, shall be installed on the piping if other means (fire hydrants, tapped plugs, etc.) are not available. For bleeding air, it shall require a minimum of 3/4" tap (core and saddle) on the piping if other means (fire hydrants, tapped plugs, etc.) are not available. Corps shall be removed after testing is completed and replaced with brass plugs. Any core, saddles, or other pipe or fittings required for flushing or bleeding air from water lines shall be incidental to the water main construction. Chlorine If the "tablet" method of chlorination is used, only the granule hypochlorite shall be used. 33. TEMPORARY WATER SYSTEMS -GENERAL The CONTRACTOR shall provide temporary water service to all interrupted service connections associated with the water main replacement projects. The areas where consumers are affected by the work and require a temporary water supply should be verified with both the ENGINEER and OWNER at least 72 hours (excluding weekends and holidays) prior to the anticipated suspension of water service. Temporary water service shall include temporary service for fire protection. In lieu of providing temporary service for fire protection, the Contractor may provide a fire watch in each building for all times that the fire service is inactive and the building is unoccupied. The person doing the fire watch shall have no other duties during the time they are on fire watch duty. 11 SPECIAL PROVISIONS Temporary water service to fire systems shall be sized as necessary to meet the demands of the building sprinkler system. Following the ENGINEER's and OWNER's review and approval of any proposed shutdown request, the CONTRACTOR shall be required to give a minimum 24-hour advance notice (excluding weekends and holidays) to all residential consumers whose service will be temporarily affected, by means of individual notices delivered to each consumer. The CONTRACTOR must have available all the necessary materials to complete the restoration of water to each of these residential services ' within eight (8) hours after the suspension begins or before 5:00 p.m., whichever comes first. For commercial services, special arrangements shall be made by the CONTRACTOR to provide ' temporary water service. The CONTRACTOR will not be allowed to take a commercial service out of service except in emergency conditions only. The CONTRACTOR shall supply all hoses, fittings, etc., for providing temporary water service. Copper piping or other "non- ' taste" inducing pipe shall be necessary if the commercial consumer serves food or water products as part of his business. The CONTRACTOR will be required to supply temporary water to the residential consumer if the above 8-hour limitations are expected to be exceeded. The CONTRACTOR shall submit a shop drawing including all materials proposed to be used for temporary water. Additionally, a temporary water plan shall be submitted for each zone prior to starting to layout the temporary water system. This submittal shall include connection points, hydrants and/or valves to be operated by City of Bozeman personnel, layout for connection to each service, and the location of all asphalt trench cuts as a minimum. Depending on the circumstances of the zone, additional information maybe required by the ENGINEER. These submittals shall be submitted in accordance with the submittal section of these specifications. 34. TEMPORARY WATER SYSTEMS -EXECUTION 1.01 The CONTRACTOR shall be solely responsible for all activities of locating and exposing curb stop valves to the individual properties. The OWNER will operate all curb stop valves. All notes of existing condition shall be identified on forms as supplied by the ENGINEER. Any existing condition that is suspected to indicate a defect of the curb stop valve, box, or service shall be reported immediately to the ENGINEER. Other than the operating curb stop valves, the OWNER will not participate in any activity up to this point. If the notices are not issued or the service is not ready to be connected to restore service, the City shall be free to exercise its authority in not closing down the existing valves and water main system. 1.02 The water piping of temporary hoses, piping, etc. shall be a 160-psi rating, NSF approved hose, flexible polyethylene pipe, or PVC pipe. All pipe used for the temporary water system 12 SPECIAL PROVISIONS ' must have a visible NSF approval stamp by the manufacturer. A short section of high pressure flexible rubber hose may be used for the connection to each residence. The temporary system must be leak proof. 1.03 The distribution pipe shall have a manual shut-off valve at each service tee. Additionally, ' each service must have backflow prevention fitting. There shall be a double check/backflow prevention fitting at the primary connection to the water supply source, which shall be supplied by the contractor along with a testing certificate showing that it has been recently ' tested. Double check backflow preventer shall be Watts Series 009 or Series 909 or approved equal. ' Each backflow preventer shall be properly supported to protect the assembly and the attached piping from breakage. ' Each double check backflow preventer assembly shall be tested to verify its integrity by a certified backflow prevention technician prior to use for the first time. Each backflow preventer shall be tagged with an identification number and subject to additional testing at the ' discretion of the ENGINEER. All costs for testing shall be the responsibility of the CONTRACTOR. 1.04 Each house connection shall be equipped with a wye or splitter with a valve to allow for lawn ' watering. Plastic fittings are not permitted. The connection to each customer shall require a short section of high-pressure flexible rubber hose at the connection point. House- to-house connections are not permitted. All connections shall be from the approved temporary water ~ system. 1.05 All pipe sizes shall be adequate to meet ordinary water supply demands of the consumers. 1.06 All temporary water systems shall be disinfected and approved by the City of Bozeman before being placed into service. The disinfection procedures shall be equal to the procedures required for the new water main. This will require minimum 48-hours laboratory time Bac-T sample to determine acceptability. Temporary hoses, piping, fittings, etc., to be flushed and disinfected in accordance with the State of Montana Department of Health and Environmental Services, Water Quality Bureau standards, and the standards of this specification rior to being put into service. 1.07 Once the temporary water system has been assembled, pressure tested and disinfected, the City of Bozeman Water Department staff will review the test results and inspect the final connection to the building. The City of Bozeman Water Department staff will not participate in the assembly of the temporary water system. The CONTRACTOR shall conduct all other work on the services as stated in Item 1.01. 13 SPECIAL PROVISIONS 1.08 Pipe protection measures must be supplied at road crossings, alleyways, or residential driveways. For crossings of arterial or collector streets, the CONTRACTOR will be required to install the temporary water in a shallow trench. Aerial crossings of the temporary water lines at street crossings will not be allowed. Temporary water supply pipes shall not be installed in storm drain pipes. For crossings of local streets, alleyways, or driveways, traffic-rated hose ramps shall be used to protect the line from damage. Mounding millings or cold mix over a temporary water pipe will be allowed under the following conditions: 1. The maximum height shall be 2-1/2 inches. 2. A bond breaker shall be laid on top of the existing asphalt before the millings or cold mix are laid down. The millings or cold mix shall be tapered a minimum of 3 feet on either side of the temporary water pipe. 3. Provisions are made to avoid impact loads on the temporary water pipe. 4. Signs are erected indicating a bump ahead at 500 feet and 100 feet from the bump and at the bump in both directions. The asphalt crossings shall be cut straight and vertical shall have uniform width and shall be cut perpendicular to the centerline of the street. Restoration shall match the appropriate surface restoration detail and shall have an adequate width to allow compaction with a small mechanical compactor. There will be no payment for any street cuts or asphalt restoration under this item, this being incidental to the work. Temporary water lines that cross pedestrian pathways shall have ramps that meet ADA requirements to allow for safe pedestrian crossings of the lines. 1.09 After services are connected or reconnected following installation, testing, and acceptance of the new main, the water service piping shall be backflushed from the residence to the trench. The inability to backflush shall not relieve the CONTRACTOR from any requirements of the Contract Documents. 1.10 The CONTRACTOR should expect to find the existing plumbing on some services to be in old condition. The CONTRACTOR shall use an ordinary degree of care while working on this condition of service. Also, there may not be any convenient point of temporary connection on some services. In this case, temporary fittings must be provided to achieve the temporary water supply. This will be incidental to the work. 1.11. The contractor shall provide a local representative who is available 24 hours a day and 7 days a ' week to maintain the temporary water system and to respond to correct any problems with the system. The phone number of this representative shall be provided to the owner at the preconstructionrneeting. 14 SPECIAL PROVISIONS 35. ENGINEERING MATERIALS TESTING AND CONTROL TESTING A. With the exception of items requiring special inspection, the Contractor shall be responsible for all material testing including, but not necessarily limited to: 1. Dates of acceptable tests for water mains, which shall include hydrostatic and leakage testing ' and bacteriological testing. These tests shall be conducted by the Contractor in the presence of the City. The written test results shall be provided to the City prior to acceptance of the water main. 2. Elevations shall also be recorded and provided for the top of water main at 50' intervals. The ' Contractor shall cooperate with the City to document these elevations, including providing the equipment necessary to shoot the elevations. The City will have a representative on-site to record the data as the pipe is being installed. The Contractor shall provide safe access to t the City for these inspections and cooperate with the City to ensure that adequate documentation is obtained. 3. Verification that all thrust blocking is installed in accordance with the approved plans and specifications. The Contractor shall provide safe access to the City for these inspections and cooperate with the City to ensure adequate documentation is obtained. ~ 4. Theoretical maximum density, optimum moisture content, and sieve analysis for the sub-base course, crushed base course, pit run, and native backfill and subgrade material within the right-of--way. 5. Documentation of in-place field density test for trenches, roadways, and embankments at intervals of 50 feet. Tests for roadways shall be provided for subgrade, sub-base course and/or pit run, and crushed base course materials. 6. Portland Cement concrete and asphaltic concrete pavement mix deigns. B. All Contractor testing, except pipeline pressure testing, shall be performed by an independent, certified testing laboratory approved by the Owner and Engineer. All test results shall be provided to the Engineer and the Contractor shall provide written authorization to the testing ' laboratory to release test results to the Engineer. A copy of this authorization shall be submitted to the Engineer prior to the construction startup. The Engineer shall have the authority to select when and where tests are taken (i.e. select concrete truck(s), areas of backfill for density, etc.) C. The Engineer reserves the right to conduct testing to ensure compliance with the specifications. ' D. Neither tests made by the Owner or the Engineer will relieve the Contractor from his obligation to perform the work in accordance with the Technical Specifications. E. Materials, compaction, densities, or other construction items which do not meet the requirements of these specifications shall be replaced and retested at the Contractors' expense. ' 15 SPECIAL PROVISIONS All laboratory and material test submittals shall be provided to the Owner and Engineer before placement of any pavement or concrete sections. 36. FLOWABLE (NONSHRINK) BACKFILL All flowable (nonshrink) backfill shall meet the following MDOT specifications: E. Flowable Fill. Flowable fill is a mixture of portland cement, fly ash, fine aggregate, air entraining admixture and water. Flowable fill contains a low cementitious content for reduced strength development. Submit a mix design for approval. No compressive strength testing is required for the mix design. Table 551-1 has the suggested mix guides for excavatable and non-excavatable flowable fill. TABLE 551-1 FLOWABLE FILL MIX DESIGN GUIDE MATERIALS EXCAVATABLE NON-EXCAVATBLE Cement, Type I or II 75.6-102.6 lb/yd3 75.6-151.21b/yd3 (45-60 k /m3 45-90 k /m3 Fly Ash None 151.2-596.71b/yd3 90-355 k /m3 Water Mix designs must produce a Mix designs must produce a consistency that results in a consistency that results in a flowable, self-leveling product flowable, self-leveling product at time of re lacement. at time of re lacement. Air 5% to 35% 5% to 15% Unit Weight (Wet) 2,430-2,9701b/yd3 2,700-3,375 lb/yd3 1,440-1,760 k /m3 1,600-2,000 k /m3 ' Furnish fine aggregate meeting Subsection 701.01.1 requirements. The fine aggregate has no fineness modulus requirement. High air generators or foaming agents may be used in lieu of conventional air entraining ' admixtures and may be added at the jobsite and mixed in accordance with the manufacturers recommendation. The requirements for percent air, compressive strength and unit weight are for laboratory designs only and are not intended for jobsite acceptance requirements. Proportion fine aggregate to yield 1 cubic yard (1 cubic meter). ' Flowable fill shall be considered an incidental work item with no separate measurement and payment. All costs associated with this item shall be included in other bid items. ' 37. USE OF REMOVED ASHPALT PAVEMENT ' Asphalt concrete pavement removed during trenching operations may be used as backfill material in areas with Type A backfill if mechanically processed to 4" minus size with a cold planer, rotomill, or similar equipment and mixed at no more than a 50/50 ratio with other backfill material. Asphalt ' 16 SPECIAL PROVISIONS concrete pavement removed during trenching operations may be used as pavement base course material if mechanically processed with a cold planer, rotomill, or similar equipment to meet the gradation requirements of the base course and mixed at no more than a 50/50 ratio with other base course material. 38. FIRE SERVICE VALVE BOX LIDS Valve box lids for all valves on fire service lines shall have the word "FIRE" on the lid, and shall be East Jordan Iron Works Product No. 06800029 or approved equal. See attached drawing on following page. 17 SPECIAL PROVISIONS ~, p ;~ m U p~ ~ Lf~ W W ~ ~ z ~ CD o - ~ ~' z o~ ~ o ~ N F- ~- c - o ~_~ ~ ~ ~, 0 1 z N z ~ o ~ n w w ~ ° ~ o~ X X ~ ~ U o ~ o ~ ~ o J ~ Q ~ ~, ~ ~ ~ `~ mQ~ ~ ~ Q ~ O ~~ 0p ~ O ~ ~ w z ~ c~ z o f ~, o t ~ o~ o Q ,~, > _ N 0 00 ~~ ~ co Q 0 0~ ~~ ~ C a. o ~ r- ~ c,~ ~ Q ° w z N W Q ~- O~ ~ ~ J ~ _..{. . V T Q ~ o w ~-' C J ~ F- I Q L ~~ ~ T T u o > W o Q ~ ~ U ~ V J O ~ ~~ ~ c>c ~ ~ U ~ U -~ 1 ~ U / o U ~ ~ o ~ ~ m ~ ~ ~ ~ / w w o .-~ w w z w _~ ~ ~_ ~ ~_ L:. ~_ r~ Li Z ~ W C ~ ~ ~ ~ wl (n u U 0 w _ U `- ~ U U `~ N ~ N ~- ~ \ CI ~~i~ ~ ~~ ~ ~ ~ j i / r~ \ / ~ ~ ~~ U ~ ~ \ ~ o~ ~ ~ ~ c ~ LCD ~ ~ 7 u ~u tf- ~ -I Q W ~ > ~. z r ~ ~-, W_ ~ ~ ~- ~ o ~~ ~ U ~ `_' W C!1 _U r'; ~ SECTION 00100 MEASUREMENT AND PAYMENT The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to the Contractor will be made based on the actual satisfactorily completed work quantities measured in the field. Under the terms of this contract, the unit price as contained in this Bid Form shall be applicable to quantity overruns. The following measurement and payment sections do not necessarily name every incidental item required by the Contract Documents to complete the work. Cost of all such incidental items shall be included in the various related bid items. Item 101: (Taxes, Bonds, Insurance) To be paid on the first progress pay estimate one-hundred percent (100%) upon mobilization to begin construction, only if the bid price for this item is less than five percent (5%) of the total price. For that portion of the taxes, bonds, and insurance greater than five percent (5%), if any, payment shall be made on the basis of the percentage of the work completed of each progress estimate. Item 102: (Mobilization) Fifty percent (50%) to be paid on the first progress estimate when mobilizing ' to begin construction, and fifty percent (50%) to be paid following substantial completion and acceptance of the work. ' Item 103: (Connection to existing main) Measurement and payment per connection to an existing water main. Payment shall include all materials, equipment and labor to complete the connection, including any necessary thrust restraint, thrust blocks, or gravity blocks, pipe spools, and couplings. ' Items 104 105 & 106: Gate valves Measurement and a ment shall be as er MPWSS Section ( ) PY p ' 02660 4.6 A. Items 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, & 118: (Tees, bends, crosses, and ' increasers) Measurement and payment shall be as per MPWSS Section 02660 4.3 A. Item 119: (8" ductile iron pipe) Measurement of water mains is made in lineal feet along the centerline ' of pipe through all valves, fittings, and appurtenances. Payment for water mains will be made at the contract unit price bid per lineal foot for 8" ductile iron pipe, which includes furnishing and installing pipe, furnishing and placing Type 1 pipe bedding, trench excavation, backfill, and compaction, including ' furnishing and placing any required flowable fill backfill, cleaning, testing, and disinfecting the water main, providing any and all necessary j oint and thrust restraint, dewatering, proper disposal of all waste materials, and all other work necessary or incidental for completion of the item. ' Item 120: (Service reconnection within trench limits, 2"diameter and smaller) Measurement shall be by _ the numerical count of each service that is reconnected within the limits of the main line trench. Payment 1 MEASUREMENT AND PAYMENT ' at the contract unit price shall constitute full compensation for furnishing and installing all service clamps, corporation stops, water service pipes, fittings, testing and disinfection, and for tapping of the new main and providing all tools, equipment and incidentals necessary to complete this item. Item 121: (Service reconnection within trench limits, 4" diameter and larger) Measurement shall be by the numerical count of each service that is reconnected, including any fire hydrant lead reconnections, ' within the limits of the main line trench. Payment at the contract unit price shall constitute full compensation for furnishing and installing all water service pipes, fittings, joint restraints, testing and disinfection, and providing all tools, equipment and incidentals necessary to complete this item. Any ' gate valves required to complete the reconnection shall be measured and paid for separately. Item 122: (Service reconnection outside trench limits, 2" diameter and smaller) Measurement shall be by the lineal foot of each service that is reconnected, beginning at the connection to the main, up to the connection to the existing service, either outside or inside of the building. Payment at the contract unit ' price shall constitute full compensation for furnishing and installing all service clamps, corporation stops, water service pipes, fittings, curb stops and curb boxes, and for. tapping of the new main, for all excavation, backfill, compaction, removal and replacement of any curbing or sidewalk removed to ' complete the item, proper disposal of all waste materials and providing all tools, equipment and incidentals necessary to complete this item. ' Item 123: (Service reconnection outside trench limits, 4" diameter and larger) Measurement shall be by the lineal foot of each service that is reconnected, beginning at the connection to the main, up to the connection to the existing service, either outside or inside of the building. including any fire hydrant lead reconnections. Payment at the contract unit price shall constitute full compensation for furnishing and installing all water service pipes, fittings, joint restraints, testing and disinfection, for all excavation, backfill, compaction, removal and replacement of any curbing or sidewalk removed to complete the ' item, proper disposal of all waste materials, and providing all tools, equipment and incidentals necessary to complete this item. Any gate valves required to complete the reconnection shall be measured and paid for separately. Item 124, 125, & 126: (Fire hydrants) Measurement and payment shall be as per MPWSS Section 02660 ' 4.7 A. Item 129: (Insulation) Measurement shall be made on a lineal foot basis along the centerline of the ' pipeline being insulated. Payment at the contract unit price shall constitute full compensation for furnishing and installing the insulation board to the required dimensions as well as any required additional excavation, furnishing and placement of sand bedding, backfill and compaction, all for all ' tools, equipment and incidentals necessary to complete this item. Item 128: (Traffic control) This item shall be measured and paid for as per MPWSS Section 01570 Part 4, lump sum basis. Item 129: (Temporary water system) This item shall bemeasured on alump-sum basis. Payment shall be 2 MEASUREMENT AND PAYMENT made at the contract lump-sum price bid for this item, and shall constitute full compensation for providing and installing the temporary water system, making all temporary connections, disinfection and testing of the temporary water system, protecting the temporary water system from damage at all vehicle ' crossing points, providing ADA approved pedestrian crossings of the temporary water system if necessary, for removal of the temporary water system and restoration of any pavement cuts, and for all materials, tools, equipment and incidentals necessary to complete this item. Progress payments are in proportion to total construction completed. ' Item 130: (Asphalt surface restoration) Measurement for asphalt surface restoration shall be by the actual number of linear feet of restoration satisfactorily accomplished, measured along the centerline of the water lines, and payment shall be made at the unit price bid for all labor, equipment, materials and ' incidentals necessary to furnish, install and compact the gravel base, and to furnish, install and compact the asphalt surface restoration as per the plans. ' Item 131: (Type 2 bedding) This item shall be measured and paid for as per MPWSS Section 022214.4, cubic yard basis. ' Item 132: (Quality Assurance Testing) This item shall be measured on a lump-sum basis. Payment shall be made at the contract lump-sum price bid for this item, and shall constitute full compensation for hiring an independent certified testing laboratory to perform all required testing, necessary retesting, ' documentation, report preparation and submittal; and for all materials, tools, equipment and incidentals necessary to complete this item. This item shall also include all necessary coordination and scheduling of testing activities which shall be the sole responsibility of the contractor. Progress payments are in ' proportion to total construction completed. Item 133: (Miscellaneous Work) The item Miscellaneous Work has been provided in the proposal for ' any work and/or materials which may be encountered during construction, but which is not addressed elsewhere in the contract. Miscellaneous work will be measured by the respective unit for material and/or work performed as directed in writing by the Engineer. Payment for Miscellaneous Work, measured as provided above, will be at agreed upon prices or on force account basis. The number of units in dollars set down m the contract is an estimated amount only, which may be adjusted up or down ' by the Engineer in accordance with the needs of the project. 3 MEASUREMENT AND PAYMENT APPENDIX A ~ STANDARD DRAWINGS 1 J 'L 5' a 5' ~ 2% .` a ~I o r I----.-I 4' TEMPORARY ACCESS RAMP ADEQUATELY SUPPORTED FENCING R9-9 SIDEWALK CLOSED FENCING SIDEWALK CLOSED R9-9 MUST MAINTAIN 4' CLEAR AREA BETWEEN FENCING. WALKWAY MUST BE SMOOTH AND KEPT CLEAR OF OBSTRUCTIONS APPROPRIATE TRAFFIC CONTROL PLAN MUST BE USED FOR LANE CLOSURES -~~ j .,-- CITY OF BOZEMAN STANDARD DRA~I~ING FENCING AS SHOWN MAY USED FOR SHORT TERM (LESS THAN 30 DAYS) INSTALLATION. MORE PERMANENT STRUCTURES WILL BE REQUIRED FOR LONGER TERM. A COVERWALK MAY BE: REQUIRED FOR OVERHEAD OPERATIONS (IF HEIGHT MINUS 10' EXCEEDS DISTANCE FROM WALK WAY TO WORK AREA) SCALE: SIDEWALK CLOSURE NONE WITH DETOUR N0. 01570-8 FEB 2007 R9-11(L) SIDEWALK CLOSED AHEAD CROSS HERE 30"X24" , SIDEWALK CLOSED 24"X18" SIGNS ARE TO BE PLACED AT THE NEAREST LEGAL CR05SING TO THE WORK AREA. MAY ONLY BE USED IF A PARALLEL SIDEWALK EXISTS ON THE OTHER SIDE OF THE ROADWAY. SIDEWALK CLOSED 24"X18" R9-11(R)' SIDEWALK CLOSED AHEAD CROSS HERE 30"X24" SIGN ® WORK SITE TRAFFIC DRUMS OR CONE CITY OF BOZEMAN STANDARD DRAWING SCALE: I PEDESTRIAN TRAFFIC NONE CONTROL FOR TEMPORARY SIDEWALK C OSURE N0. 01570-7I FEB 2007 6" J~ COMPI NOTES: 1. Adjust water valves upward or downward as required. Final adjustment shall be made after paving and before seal coating. 2. Model No. 69 8550 series, East Jordan Iron works adjustable screw-type risers may be used to raise or adjust existing valve boxes only. 3. Valve box adjustment shown is designated as Type II water valve adjustment. Type I water valve adjustment is similar except with a concrete collar. CITY -OF BOZEMAN SCALE: WATER VALVE ADJUSTMENT N0. 02213-2 STANDARD DRAWING NONE DETAIL Feb. 2004 .,.{ TOP OF NEW PAVEMENT ~- 6" - I NGTE WHERE TRENCH PASSES THROUGH. EXISTING PAVEMENT THE PAVEMENT SHALL BE CUi ALONG A NEAT ucRTICAL LINE A MINIMUM DF 12' (3Ucm) FROM THE EDGE OF THE TRENCH OPENING. WHERE NEAT LINE IS LESS THAN 3 (0.9m1 FROM EDGE OF EXISTING PAVEMENT OR CURB AND GUTTEP, SECTION, REMOVE AND REPLACE ENTIRE PAVEMENT SECTION BETWcEN TRENCH. AND EDGE OF PAVEMENT. EXISTING STREET SURFACE F--12"(3D cm) MIN.---~ BACKSLOPE AS SPECIFIED TO CONFORM 70 O.S. H.A. REGULATIONS` TYPE "A","8", DR "C' TRENCH BACKFILL TYPE I PIF"c BEDDING I PLACED IN E"(,15cm) MAX. i LAYEP,S AND COMPACTEC t THOROUGHLY. 1 / I TYPE 2 PIPE 6EDDING WHERE REOUIREG FOR SOFT OR UNSTABLE FOUNDATION VERTICAL TRENCH WALLS WITH SHORING TO CONFORM TG O. S.H.A. REGULATIONS' ~, SUBGRADE OR GROUND \ SURFACE INSTALL DETECTABLE WARNING TAPE iB"(45cm) MAY,. DEPTH. (OPTIONAL) SLOPING, BENCHING OR SUPPORT SYSTEMS IN THIS AREA TO CONFORM TO O.S.H. A. REGULATIONS' 6"(15cm) ~~~.\ i ~,~ _~ I I 4"(i Gcm l TRENCH 1NDTH=O.C. OF PIPE PLUS 2'(6Ucm) MIN. TRENCH WIDTH= 3.5'(1.1m) SELECT TWE I BEDDING MATERIAL PLACED IN 6"(15cm) LAYEP,S & COMPACT<D AS SPECIFIED IN SECTION C2221. NOTE: SEE CONTRACT SPECIAL PROVISIONS FOP, ANY MODIFICATIONS TO STANDARD TRENCH MATERIALS AND/OP. OTHER TRENCH DESIGN FEATUP,ES i • SE O. S.H.A. CONSTRUCTION STANDAP,DS FOR EXCP.VATIONS. P.EVISEC: 10/25/02 I,ITY OF BILLINvS SCALE: STANDARG DRAWING r TYPICAL UTILITY TRENCH DETAILS NO.. 02221 -1 STANDARD SP E..IFI~„A,TIONS NONE It is recognized that native materials which may be used for pipe bedding vary widely from area to area. Therefore, the following is ' offered as an alternate to the T:'PE 1 pipe bedding specification in Section 02221: TRENCH EXCAVATION AND BACKFILL FOP, PIPE- LINES AND APPURTENANT STRUCTURES. This alternate shall be used ' only if called for in the Special Provisions. It must be emphasized that no specification should be used without the engineer's evaluation of tree particular situation. TYPE ~ PIPE EEDDING Type 1 pipe bedding, imported or naturally occurring on site, shall be gravel, gravel-sand mixture, or sand. The material shall be well graded and shall conform to the requirements for soil type GW (gra- vel, well graded) or SW (sand, well graded) of the Uni- fied Soil Classification System (USCS) as delineated in AST'i11 D2487 except, at the discretion of the engineer, the material may contain up to a maximum of 12 percent passing the 200 sieve provided the plasticity index of the material is 6 or less. The maximum size grave] shall be 3~4-inch. The coefficient of uniformity for gravel shall be 4 or greater and a coefficient of curvature between 1 and 3. Sand shall have a coefficient of uniformity of 6 or greater and a coefficient of curvature between 1 and 3. Type 1 bed- ding shall consist of a minimum of 4 inches(10 cm), or 1/8 the outside diameter of pipe, whichever is greater, bedding material under the pipe; and the bedding material around and over the pipe to a point a minimum 6 inches (15cm) above the top of the pipe unless specified otherwise in 'the Special Provisions. The coefficient of uniformity is defined as the ratio of grain size diameter at 60;o passing to the grain size diameter at 10 o passing expressed as: Deo ~u = Dio The coefficient of curvature is defined as the position of the square of the grain size diameter at 30 o passing to the product of the grain size diameter at 10 o passing times the grain size diameter at 60 o passing expressed as: z ~ D30 CC = Duo x Dee Where the naturally occurring material contains voids which would allow migration, sand bedding materia] shall not be used. Bedding material under and around the pipe io 6 inches (15Cm) above the top of the pipe shall be placed by hand or other careful manner so as not to disturb the pipe, in maximum layers of 6 inches (15cm) and compacted to a minimum of 85 o Standard Proctor ASTM D698 P., AASHTD T-99. Special care shall be taken to assure complete compaction under the haunches of the z~ipe. ' Bachfili material shall be placed in the trench for its full width on each side simultaneously. Water settling of this portion of the trench will not be allowed. The addition of wafer sra11 be limited to that required for optimum moisture for maximum compaction of the .material. REViS~D~ ',2/:'7!95 MONTANA PUBLIC WORVS scA~~_ s1ANOARO ~Rnw~Nc ~~ ~~ ~ ~ ~ PIPEBEDDING ALT~RNATE NU 02~_1_< ' ~ ~ ANCARC _ It= I„F;TION NONE 5.4" (0.45') 24" 9, } 2" 4~~ TOPSOIL a 3"R ~ ~ .5" (TYP.) ~( 4"R d ~ 3~4" 70 PER 1' SLOPE \ ~~ \ v 12' ~/~ ~ a ' c a d a \~~ I c a :a Q a 6.. \~~ a v c I 7.5., l~- Q„ tG ~ ~/ a Q dO ~~ ° v a . ~~~ O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CRUSHED GRAVEL ppppppppppppppppppOpOpOpOpOpOp0 BASE - 3" MIN. pOpOpOpOpOpOpOpOpOp0pOpOpOpOO~p SUB-BASE COURSE AS REQUIRED COMPACTED SUBGRADE i.5" 1~5" 3~4" ' `3~q" PER 1' SLOPE 1 ~3 ,y p~ ~' SLOPE 1 2" PER 1' SLOPE .~ 6" 9.5"-~~ 9.5' ' TRIAN RAMPS SPILL CURB DROP CURB FOR DRIVEWAYS DROP CURB FOR PEDES NOTES; 1. Subgrode or base course compaction sholl conform to section 02230 (M.P.W. Specs., 1996 ed.) ' 2. Controction joints sholl be placed at 10' intervals and shall hove a minimum depth of 3/4" and minimum width of 1/8". 3. 1/2" expansion joint materiol shall be .placed at ell P.C.s, P.T.s, curb returns and at not more thon 300 intervals. The expansion moteriel shall extend through the full depth of the curb and gutter. 4. No curb and gutter shall be placed without a finol form inspection by the City Engineer or his representative. ' S. Concrete shall be Class M-4000. 6. Crushed grovel base shall meet the requirements of Section 02235 (MPW SPECS, 2003 ed.) For curb and gutter replacement projects, washed rock may be used for the grovel base. CITY OF BOZEMAN SCALE: INTEGRAL CONCRETE N0. 02528-1 ' STANDARD DRAWING NONE CURB & GUTTER Revised Mar. 2006 ~ ? / ~ 4 s a 1 ,B 3 ~~ ~°~ MIN, UNDISTURBED EARTH ~' :.~ :. ~~ ICI BEND STANDARD DIMENSIONS FOR TrI RUS T BLOCKING FI rrwc T>=E5 do PLUGS 9G°BEND 45°BEND & wYES REDUCERS & ZZ 7/Z° BEND SIZES I A i B ~ A B I A I B A i B 4' I 1'-7' 1'-2' 1'-9' 1'-6' 1'-8' D'-1 D' I 1'-7' ~ D'-6' ~ 6' 2'-0' 1'-11' 2'-S' 2'-2' I i'-]D' 1'-7' ~ 1'-9' 0'-10' 8' I 2'-8' ~ 2'-6' 3'-P' 3'-D' 2'-5' 2'-1' 1'-4' I 1'-6' ]0' 3'-4' I 3'-3' 4'-D' 3'-10' 3'-0' i 2'-9' 2'-2' I 1"-I1' 12' I 4'-0' 3'-IO' I 4'-8' 4'-B' 3'-8' 3'-3' 2'-T 2'-3' 14' S'-5' 3'-1D' I 6'-6' I 4'-Il' 4'-9' 3'-5' 3'-5' 2'-5' METRIC DIMENSIONS FOR THRJST BLOCKING F! rT1NG TEES ~ PLUGS 9G°BEND 45°BEND dr WYES RED~ERS & Z! ] Z°BEND S12E5 q i B A B i A B A i B JOcn ~ OSn I 0.4n I D.Sn I O.Sn D.Sn I 0.3n I O.Sn ~~ G.2n lSrn I 0.6n I 0.6n i O.in I 0.7n ~ 0.6n ~ C.Sn 0.5n ~ 0.3n 2Dcn I 0.6n I D.6n LOn I 0.9n I O.in 0.6n I 0.5n C.Sn 25tH i 1.Dn 1.Gn ~ LBn i.[n O.Sn D.bn ~ 0.7n 0.6n 3Dcn i.[n I i.Ln 1.4n i.4n i Lln I LDn O.Bn 0.7n 36tH I l.bn ].2n ?.On LSn ~ !.4n I 7.Gn 1.On C.in No rES: THESE TABLES ARE BASED ON 150 P$IC103D kpn) MA1N PRESSURE 2. VRAP ALL FITTINGS WITH PpL YETHYLEN~. 2000 PSFC98D0 kgin`) SDIL BEARING PRESSURE _ ___ REUSED 12/27!95 MONTANA PUBLIC WORKS SCALE: ~ THRU~T BLOCKING 57AN~ARD DRAWING STANDARD SPECIFICATIONS NONE FOR WATER MAIN FITTINGS NC 02660-". I I REDUCER T~ E TEE CPlugged) 1 ~ ~. ;t NO VERTICAL REQUIREMENT -, '~ % ' ~ i ~~~ WATER MAIN 1 ' rT i SEWER ~ ' 10'-C' MIN. ]U 02 C3 n) PARALLEL ARRANGEMENT ' ]B' MIN.O O ~ "~ CD.Sr~) ~-EXISTING PIPE ~- L~ L/2 /EXISTING ~~/PIPE i l/ f ~ IB' MIN. I CC.~ n) O I ANEW PIPE _ I _ ~- ~ I ' CRL~SSINGS O 5 NOTES 10 SPECIFIC MONTANA DEPART. OF HEALTH AND ENVIROMENTAL SCIENCES APPROVAL ' IS REQUIRED FDR A DISTANCE LESS THAN lD FEETC3r~> BETWEEN WATER MAIN AND GRAVITY SEWER. O NO EXCEPTION TD THE MIN. SEPARATION REQUIREMENT tS PERMITTED WHEN THE ' SEWAGE CARRY]NG PIPE IS A FORCE MA]N. AT CROSSINGS, ONE FULL LENGTH OF WATER MA]N PIPE SHALL BE LOCATED SD THAT BOTH JOINTS WILL BE AS FAR FROM THE FORCE MAIN A5 POSSIBLE. O3 LESS THAN IB INCHESCC.Sn) ^F SEPARATION IS PERMITTED WHEN THE GRAVITY SEWER ' AT THE CROSSING IS MADE FROM A SINGLE 20 F00TC6.ln) LENGTH OF AW WA PRESSURE PIPE AND THE CROSSING ANGLE IS APPROXIMATELY 90 DEGREES. SPECIFIC MONTANA DEPART. OF HEALTH AND ENV]RDMENTAL SCIENCES APPROVAL IS REDUIRED FOR A VERTICAL SEPARATION DF LESS THAN 1B INCHESC0.5n) BETWEEN W ATE R MAIN AND SANITAP.Y SEWER (J 'L' IS A STANDARD LENGTH OF PIPE A$ SUPPLIED BY P. PIPE MANUFACTURER. O ADEQUATE STRUCTURAL SUPPORT FOR PIPES AT CROSSINGS SHALL BE PROVIDED. REVISED: 12/27/95 MONTANA PUBLIC WORKS scA~E: WATER AND SEWER MAIN STANDARD DRAVnNv ' STANDARD SPECiFICATIOn~S NONE SEPARATION N0.0266D-2 REBAR ANA CONCRETE ANCHORS NOTE: COAT RODS WITH "KOPPERS" BITUMASTIC N0. 50 COATING OR EQUAL. THRUST BLOCK DIMENSIONS ^^~^~~ vas 100 PSI 150 PSI 200 PSI 250 PSI 300 PSf sa S'Z° A B C A B C A B C A B C A B C' 1 ' z'-o' z'-o z'-o' r-o' 2'-0' z'-o` 2'-0' z'-o' z'-o' 2'-0 2'-0' z'-o z'-o' z'_o. z'-~' 1 2 1 ~'~ 2'-0' 2'-0 2'-0' 2'-6 2'-6 2'-0' z'-9' 2'-6' 2'-6 3'-0 3'-0'I 3'-0 3'-7 3 -0 3 -0', 1 2 2'-3' 2'-0 2'-0' 3'-0 3'-0 2'-8' 3'-5' 3'-0' 3'-0' 4'-3 3'-0' 3'-0 5'-i 3'-0 3'-0' 1 1 4" 2'-3' ~ 2'-0 2'-0' 3'-5 3'-0 3'-0" 4'-6' 3'-0' 3'-0' 4'-0 a'-0' 4'-0 4'-9 4'-0 4'-0' 1 8 1 6" 3'-0' 3'-0 3'-0' 4'-4 3'-0 3'-0' 4'-1" 4'-0' 4'-D' S'-i <'-0' 4'-0 6'-7 4'-0 4'-0' i 1 4 I 1 8'~ 3'-6' 3'-0 3'-0' S'-5 3'-0 3'-0 5'-1' 4'-0' 4'-0' 6'-4 4'-0' 4'-0 5'-9 5'-0 5'-0"~ 3 8" 24" 4'-4' 4'-0 4'-0' 6'-5 4'-0 4'-0' 6'-6' 15'-0' 5'-0' 6'-5 6'-0' 6'-0' 17'-8 6'-0 6'-0` NOTE: Pressures shown above are maximum working pressures in system. THRUST BLOCKING AND ANCHORS ARE REQUIRED ON ALL 6" VALVES AND LARGER UNLESS SPECIFIED BY THE ENGINEER MEGA-LUG OR APPROVED EQUAL JOINT RESTRAINTS MAY BE USED IN LIEU OF CONCRETE THRUST BLOCKS. THRUST BLOCKS NOT REQUIRED ON TAPPING VALVES CITY OF BOZEMAN SCALE: THRUST BLOCKING FOR NO. 02660-3 STANDARD DRAWING NONE WATER MAIN VALVES DEC 2003 INSTALL PLUMB WITH PUMPER NOZZLE FACING STREET ELEVATIONS AS SHOWN ON PLANS OR 0.2' ABOVE TOP OF CURB GRADE GROUND LINE -~ UNDISTURBED EARTH *CONCRETE j~\\~ ~~~~ ° a THRUST ~~\\~%~\_ ° BLOCK , ~, o a \\\ \\\~\~\ ,r-^~ 8'- 0" MAX. 3'- 0" MIN. TO BACK OF CURB NEW HYDRANT, ~~- MUELLER SUPER F CENTURION 250 MIN. 4'- 0" CLEAR ALL AROUND (TREES, HEDGES, BUSHES, ETC.) n. I ~ ADJUSTABLE SCREW ~~J TYPE VALVE 60X WITH LID MIN. 6.5' COVER TO MAIN LINE JOINT AS REQUIRED FOR PIPE SPECIFIED ~ NEW 6" AUXILIARY GATE VALVE MIN. 1 /2 CUBIC YARD WASHED GRAVEL FLANGE JOINT *MEGP,-LUG OR APPROVED EQUAL JOINT RESTRAINTS MAY BE USED IN LIEU OF CONCRETE THRUST BLOCK CITY OF BOZEMAN SCALE: NO. 02660-4 NONE FIRE HYDRANT DEC 2003 STANDARD DRAWING 5 1/2 'BOULEVARD (TYP.) STREET SURFACE 5' SIDEWALK (TYP. ) ~ ~r ~y b, 1 v ~' 1~ yl ' 1 1.5' (NP.) SEE DETAIL BELOW TAP BY CONTRACTOR WATER MAIN STEEL POST MARKER PROPERTY PAINTED BLUE LINE OR EASEMENT LINE /~ 4' GROUND SURFACE -~~ ~, ~ `.,,A. ,~~ ~ ~n~ i~~ ~.` „'~ c~ .~~ , .1` CU !- CURB BOX PROVIDE 5' STATIONARY ROD IN ALL CURB BOXES 6 1 /2' MIN. COVER B' (TYPICAL EXCEPT IN SPECIAL CIRCUMSTANCES WHERE CITY HAS APPROVED ALTERNATE LOCATION) CURB STOP NO COUPLINGS OR OTHER JOINTS ALLOWED ON SERVICE PIPE FROM CORP. STOP TO CURB STOP FOR 3/4" AND 1' SERVICES. STRAIGHT COPPER PIPE SHALL BE USED FOR 1 1 /2" AND 2" SERVICE BASE MATERIAL 21 ' DETAIL OF A SELECT MATERIAL BACKFILL AREA PROPERLY CORPORATION STOP ' (SEE SPECIFICATIONS) INSTALLED ~~ , ' , i ~ ~, CORPORATION ; , ~ ' ~ STOP. ~' , ' ~ ~i ~ , , ~ TAP MAIN AT SPRINGLINE. ~ ~ .k " ~ ~'~ ' ~' ~ ~% ~ 3/4" DIA. MIN. ~ ~ / SERVICE PIPE f f J~ " O l 1 3 ' , , ~ ~ 4 "~ ,. ~ ,. ~~ " ~ / ~,y J 6 MIN. ''~-TRENCH BOTTOM 1. WATER SERVICE LINES SHALL HAVE A MINIMUM 6 1/2 F00T COVER MEASURED FROM THE EXISTING GROUND SURFACE, EXCEPT THAT COVER SHALL BE MEASURED FROM CENTER LINE STREET GRADE WHEN SERVICE LINES ARE LAID TO A STREET SIDE WHICH HAS AN UPHILL SLOPE. WATER SERVICE LINES SHALL HAVE A MAXIMUM 7 1/2 FOOT COVER AT CURB STOP. 2. WATEP, SERVICE LINES SHALL BE INSTALLED WHERE SHOWN ON THE DRAWINGS OR AS SPECIFIED. 3. BEDDING SHALL BE 1" DIA. MAXIMUM WITHIN 6" OF SERVICE PIPE. 4. INSTALL CURB STOP SO THAT OPERATING KEY IS PARALLEL TO STREET IN 0~-POSRION. CITY OF BOZEMAN SCALE: WATER SERVICE LINE ' N0. 02660-6 STANDARD DRAWING NONE I DEC 2003 UNDISTURBED EARTH (TYP.) CONCRETE THRUST / MJ GLAND BLOCK (TYP.) MJ GLAND D.I. MJ D.l. D.I. l / PIPE TEE PIPE © PIPE `( MJ VALVE D.I. MJ GLAND PIPE O 3/4" MIN. CORROSION RESISTANT ALL THREAD RESTRAINING ROD, CONFORMING TO ASTM A242-81, MJ VALVE INSTALLED IN HALF THE AVAILABLE MECHANICAL JOINT BOLT HOLES (TYP.) WHERE NECESSARY, CLAMPING LUGS (ROMAC "DUCTILE LUG" OR EQUAL) DESIGNED TO FIT DUCTILE IRON (D.I.) PIPE, AND CONFORMING MJ GLAND TO ASTM 536-80 MAY BE USED IN CONJUNCTION D.I. WITH THE RESTRAINING RODS. PIPE CITY OF BOZEMAN SCALE: TYPICAL VALVE/TEE N0. 02660-10I STANDARD DRAWING NONE RESTRAINT DEC 2003 w a a w W N Z H (/ i X W ~' W O m ~ C~Q~ ~~w wQ~O J ~ _J ~d U W U J ~ ~ J Q O Z ~ ~ ~w ~ Q r W W C Q~ = Z LL.i wcnp ~ o = W ~ r m W ~ ~~m Q_ W S<f'J N 1'7 ~ \ _Z _ Q ~_ W ~" W JZS ¢~O 3~~b'~ M3N Z Q (.~ Z N X W -~ ~-, z ` ~ ~ v~ z z ~ / o oW <y // 0 ~o mm . ~~ ~ ~ ~ ~ U O~ = ND = S Z_ .. ,.• \ ZZ ~ S~ W ~ Z w W m ~ ~ ~Sd ZN ~ ~~ ~~ • w~ • • /\ ~ ~ \\ \\ ~N ~ ~ \\~\ Y O :: ~ ~~ ~i \\% ~ 1- p J Q \ W Z ~ i / \\j~ w w .Qa ~ N Q ~. ' = ~ cn o v 0 ~ a o ~ J ~ a . v o ~ r L~. \\/~ o a z a a W ~ ~m0 _~_ ~~w Z ~ ~cn~ z ~ Y ~ ~ ~ ~ ~ W ~ ~ J ~ ~ ~ ~ z ~ ~ W _ m ~' Q ~ 7 ~ ~ I OM ~o ~o N Ow Z Z Q Z ~ ~ N w O w `r; Z ~ Z Q ~ ~ ~ ~ X W ~'-~ > ~ J W m ~..1..~ ~..I..~ J Z Q 0 U Z ti ~z ~~ w¢ N {~.~..~ W r N W W U NO PRESSURE GAUGES OR PRESSURE GAUGE FImNCS WILL BE ALLOWED ON THE TEST PORTS OF ANY BACKFLOw PREVENTION ASSk]IBLY. 4" OR LARGER CLASS 51 DUCTILE IRON PIPE (NP.) a MECHANICAL JOINT THRUST TAPPING TEE & VALVE, ~ OR INcTai L VAI VF AT PROPERTY LINE (TYPICAL FOR ALL RISER CONFIGURATIONS) PROVIDE FLEXIBLE, WATER-TIGHT CONNECTION FOR ALL WALL OR FLOOR PIPE PENETRATION. FININSHNED FLOO ~ ~~ FLOOR a MECHANICAL JOINT 90' BEND WITH .. THRUST BLOCK .~.~/ -1' MIN., 2' MAY.. 2' MIN., 3' MAY, CLEARANCE cwTED STEEL ABOVE FINISHED FLOOR wALL PLATE, 5/16 MIN. THICKNESS METER SIZED SAME AS INCOMING LINE - NO EXCEPTIONS. BACKFLOW PREVENTION ASSEMBLY MUST CONNECT dRECTLY Ta METER/ STRNNER. FLANGE TO BE TNREAOED ON STANDPIPE, REQUIRED BACI(FLDW PREVENTION M.J. i0 FIANCE AQAPiQRS NOT ACCEPTABLE CEViCE TO BE DETERMINED BY (TYPICAL FOR ALL RSER CONFlGURA71ON5) WATER SUPERINTENDENT. 1' MIN., 2' NAx. ABOVE FlwslEO FLOOR FLOOR ` ,. ... 3/4~ MIN. R~di Rod, INSTALLED IN EVERT OTMFR AVNLABLE NJ. BOLT HQL£S (TYPICAL) - 5/6' RODS ACCEPTABLE FOR 4' UNES 90' BEND WITH THRUST BLOCK LEGEND -$ FLANGED OS&Y VALVE CITY OF 8OZEMAN REQUIREMENTS FOR INSTALLATION OF BACKFLOW PREVENTION ASSEMBLY 1. The FlRST fitting inside of the building shall be a UL listed flanged Kennedy or Mueller OS&Y valve the same size as the service tine. Combination strainer/meter immediately following OS&Y valve or elbow attached directly to OSkY valve -- meter must set horizontal. 2. All Backflow Prevention Assemblies shall be: a. UL or FM listed. b. Approved by the University of Southern California Foundation for Cross Connection Control and Hydraulic Research (USCFCCCHR) for operation in the proposed position (vertical or horizontal) as shown on approved plans. c. Installed as shown on the approved plans. 3. Horizontal installations must be a minimum of 2' above the finished floor. 4. The service riser must be a minimum of 2' from any outside wall. 5. The incoming service line shall be a minimum 6.5', and a max- imum of 7.5' below the finished grade. 6. All service fine appurtenances shall have a minimum pressure rating of 175 PSI. 7. All service lines 4" and larger shall be Class 51 Ductile Iron Pipe. B. Line sizing: The Backflow Prevention Assembly and meter shall be equal in size to both the incoming pipe diameter (upstream) and outgoing pike diameter (downstream). For example, a 4" service line shall have a 4 meter and Backflow Prevention Assembly. CITY OF BOZEMAN SCALE: WATER SERVICE LINE N0. 02660-1 STANDARD DRAWING NONE FoR 5~ZE5 4" AND LARGER DEC 2003 P~ NEAREST FOUNDATION ~WALl TO CURB STOP CURB STOP AND BOX SEE DETAILS A & B BELOW WATER MAIN 6.5' MIIN. COVER 1 WATER SERVICE LINE STUB (SEE C.0.8. STANDARD WATER SERVICE LINE DRAWING 02660-6) INSTAULED BY CUSTOMER (SERVCE APPLICATION do PLUMBING PERMIT REQUIRED) NOTE: METER SIZED SAME AS INCOMING LINE-NO EXCEPTIONS. FOUNDATION BACKFLOW PREVENTION ASSEMBLY WALL (AS REQUIRED) t'MIN./2' MAX SERVICE LINE ~~ ~ ANGLE STOP ~-- t' MI ./2' MAX METER• BACKFLOW PREVENTION TO DOMESTIC ~ ASSEMBLY (AS REQUIRED) FlXTURES FOUNDATION M ~ ~ WALL m TO DOMESTIC \ ~ r FlXTURES DOWNSTREAM ' - SHUTOFF •" \ OWNSTREAM SHUTOFF •• 1' MIN., 2' MAX METER" t' MIN. F100R ANGLE STOP OR STRAIGHT STOP *METER SAME SIZE AS INCOMING LINE-NO EXCEPTIONS, METER MUST CONNECT DIRECTLY TO ANGLE OR STRAIGHT STOP AND QUARTER-BEND COUPLING BACKFLOW DEVICE (1 t/2" k 2" SERVICES ONLY) '*DOWNSTREAM SHUT OFF VALVE MUST DETAIL B BE SEPARATE FROM BACKFLOW DEVICE DEfA~L A TYPICAL FLOOR PENETRATION (N.T.S.) (CRAWL SPACE) TYPICAL WALL PENETRATION (N.T.S.) I A t. WATER SERVICE UNE INSTALLATIONS SHALL CONFORM TO THE REQUIREMENTS OF THE CITY OF BOZEMAN WATER SUPERINTENDANT. 2. SERVICE LINES SHALL BE TYPE K COPPER FOR 3/4", 1", 1 1/2", AND 2" SERVICES. SEE STANDARD DRAWING N0. 02660-12 FOR 4" AND LARGER DOMESTIC SERVICE UNES. SERVICE UNES BETWEEN 2" AND 4" ARE NOT ALLOWED. 3. STRAIGHT COPPER TUBING SHALL BE USED FOR 1 i/2" AND 2" SERVICES. 4. SERVICE LINES SHALL BE BEDDED 3" UNDER AND OVER THE PIPE WITH SAND. NATIV< MATERIAL MAY BE USED AS BEDDING IF TT CONFORMS TO THE REQUIREMENTS OF MONTANA PUBLIC WORKS STANDARD DRAWING 02221-2 AND DOES NOT CONTAIN ANY MATERIAL LARGER THAN 3/4". 5. PROVIDE FLEXIBLE, WATER TGHT CONNECTION FOR ALL WALL OR FLOOR PIPE PENETRATIONS. 6. METERS SMALL BE INSTALLED BY THE CITY WATER DEPARTMENT AT CUSTOMERS' EXPENSE. 7. NO SERVICE UNE SHALL BE BACKFILLED UMIL R HAS BEEN INSPECTED AND APPROVED BY THE WATER DEPARTMENT. 8. CONTACT CITY OF BOZEMAN WATER DEPARTMENT FOR APPROVED LIST OF COPPER CONNECTONS. 9. WATER SERVICE LINE MAY BE REDUCED TO A SMALLER SIZE THAN THE WATER SERVICE STUB. REDUCTION MUST 8E mgQF WITHIN 1(3" OF CURB STOP. 10. METER, BACKFLOW PROTECTION, AND INCOMING SERVICE LINE MUST ALL BE THE SAME SIZE. WATER SERVICE LINE CITY OF BOZEMAN SCALE: N0. 02660-15 NONE FROM CURB STOP TO BUILDING Dec. 2003 STANDARD DRAWING (LINES 2" AND SMALLER) Rev. April 2006