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Swim Center Natatorium Lighting Upgrade Notice to Proceed and Project Manual.pdf
CONTRACT DOCUMENTS Project Manual for Swim Center Natatorium Lighting Upgrade for the City of Bozeman Bozeman, Montana MMI# 0417.060.040.000315 October, 2010 Note: Bid form shall not be removed from this bound copy. Prepared by: ❑ Bid Form Signed ❑ Addendums Acknowledged 0 MORRISON g ❑® MERLE, INC. ❑ 10% Bid Security Enclosed An Employee-Owned Company Bozeman, Montana Name of Bidder Liberty Electric, Inc. Address 9660 Summit Drive Missoula, MT 59808 Telephone No. (406) 721-4177 Project No. Set No. NA0417\060-Lighting Upgrade\DOCS\SPECS\DIV 0\cover.docx Revised 9/2010 i �T � /�ORMSOAd - V -R*VEE R. 11�11 1�\1-,(�.1 S.,R':'E!UftS f.iJ.'a;RS 4 �d MAIERLE INC. s`rt. [:PC 1�..��J_;Jt.! _S_• _°Jk tt" .:,qZ=1LA: 1rT cd:It 1r7 19r,rinrrr-U.rnrcl(nm;cnr; f 1 � .r,E•. ,. ,•. .ter:'a.�d!,..•r'1^r:m-m nai December 14, 2010 Attn: Dawn Aitken Liberty Electric 9660 Summit Drive Missoula, MT 59808 Re: Swim Center Natatorium Lighting Upgrade, City of Bozeman Notice of Award and Contract Documents Dear Ms. Aitken: We are pleased to inform you that Liberty Electric is the successful low bidder for the above- referenced project. The Owner has elected to award the contract to your firm in the amount of $88,681.00. We are forwarding six copies of the contract documents for the work with the Notice of Award bound therein. Please sign all copies where indicated and return five copies of the contract documents, along with the following documents, to the Bozeman Office of Morrison-Maierle, Inc. within 5 days of your receipt of this letter. 1. Executed Contract Documents 2. Performance and Payment Bonds 3. Insurance Certificates including evidence of Worker Compensation coverage 4. Copy of Bozeman Business License PLEASE DO NOT DATE THE AGREEMENT OR THE BONDS AND POWER OF ATTORNEY. THEY WILL BE DATED UPON EXECUTION OF THE AGREEMENT BY THE OWNER. Two fully executed copies of the contract documents will be returned to you upon the Owner's final review and execution of the contracts. Two copies of the project drawings will be forwarded under separate cover. You must be provided a Notice to Proceed and attend a Pre-construction Conference with the Owner and Engineer prior to initiation of any construction. We look forward to working with Liberty Electric and proceeding to the successful completion of the project. Sincerely, MORRISON-MAIERLE, INC. CQ —S),�— Chad D. Zeitner, P.E. Project Engineer Attachments cc: James Goehrung, City of Bozeman MMI File C:\Users\dweiel\Documents\Project tiles\Environmental\Bozeman-electronic-letterhead.doc Providing resources in partnership with clients to achieve their goals An Equal opportunity!-rnpinye•r ADDENDUM No. 1 SWIM CENTER NATATORIUM LIGHTING UPGRADE CITY OF BOZEMAN, MT MMI Project No.: 0417.060.040 000315 Addendum Date: November 2, 2010 Bid Date: November 9, 2010 INFORMATION FOR ALL BIDDERS/PLAN HOLDERS A current list of plan holders can be obtained electronically from the Morrison-Maierle, Inc. website (www.m-m.net) by clicking on the "Projects Bidding" link. Any questions or clarifications regarding the plan holders list should be made to Sue Dugan at 406-495-3446 or sdugan@m-m.net. NOTICE TO ALL BIDDERS & PLANHOLDERS The Contract Documents and Construction Drawings are hereby modified and/or superseded as follows in this Addendum No. 1, and in submitting a bid, each bidder shall acknowledge receipt of all addenda according to the procedures outlined in the INSTRUCTIONS TO BIDDERS. TO THE PROJECT MANUAL 1. Section 00100, INVITATION TO BID: a) Insert this section immediately prior to the project description (third paragraph): Each entity submitting under this notice shall include a provision affirming in writing the submitting entity will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the exercise of contract should it be awarded to that entity. Each entity submitting under this notice shall also recognize in writing the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatment of the Contractor's employees and to all subcontracts. 2. SECTION 01 1000, SUMMARY: a) 1.7, ACCESS TO SITE: change part A to the following: A. General: The building will remain fully functional and occupied by the Owner until March 7, 2011. Prior to this date the Contractor may not occupy the Addendum No-1 Page 1 of 4 interior of the building nor interfere with building operations. (The Contractor may access the site during normal business hours with permission from the Owner's representative for the purposes of site visits to perform measurements or plan work to be performed.) The existing natatorium lighting system shall remain fully operational until March 7, 2011. After this date, Contractor shall have full use of Project site for construction operations during the remainder of the construction period. Contractor's use of Project site is limited only by Owner's right to perform work or to retain other contractors on portions of Project. TO THE CONSTRUCTION DRAWINGS 1. Sheet E-0.1: Project note "C" shall read, "C. CONTRACTOR SHALL REMOVE, TRANSPORT, AND RECYCLE LAMPS AND BALLASTS. IT IS ASSUMED THAT THE BALLASTS DO NOT CONTAIN PCBs. THE CONTRACTOR SHALL NOTIFY THE OWNER IMMEDIATELY IF IT IS SUSPECTED THAT BALLASTS CONTAIN PCBs" 2. Sheet E-0.1: Catalog number for fixture Cxx' shall be, "AC-SO-A-2-LF-T5-2C-UNV- S-AK6-NAT-xx"' 3. Sheet E-0.1: Catalog number for fixture CE' shall be, "AC-SO-A-2-LF-T5-2B-UNV- S-AK6-NAT-4"' 4. Sheet E-1: General note "A" applies to the abandoned conduit, junction boxes, and disconnects once used for the radiant heating system. This conduit runs -1' above and/or below existing fixtures on the east, north, and west walls. Existing unistrut supports can remain. PRE-BID CONFERENCE MEETING MINUTES See attached PRE-BID CONFERENCE SIGN-IN SHEET See attached PRIOR APROVALS 1. SPI Velocity 3.5: Is an approved equal. 2. PINNACLE PEAK Linear: is NOT an approved equal. Addendum No.1 Page 2 of 4 CLARIFICATIONS • Fixtures shall have a Silver finish as indicated with the catalog number. • Clarification on existing low voltage cabling: The swim team will reroute the low voltage cabling for the speaker system. • Bid modifications can be faxed to the City Clerk's office at 406.582.2323 Issued by: MORRISON-MAIERLE, INC. Chad D Zeitner, P.E. 11/2/10 Date Addendum No.1 Page 3 of 4 ACKNOWLEDGEMENT OF ADDENDUM NO.1 The Bidder shall acknowledge receipt of Addendum No. 1 in the Bid Form and Shall Submit this Addendum No. 1 with Volume 1 of the Contract Documents at the Bid Opening. Received by: (Name) (Title) (Date) Addendum No.1 Page 4 of 4 SWIM CENTER NATATORIUM LIGHTING UPGRADE PRE-BID CONFERENCE October 25, 2010 1. Introduction and Attendees 2. Project Scope A. Owner: City of Bozeman. Compliance with State Laws in Instruction to Bidders. B. Project Description & Layout: Demo of existing and new work. 3. Instruction to Bidders A. Opening: Tuesday, November 9, 2010, 2:00 PM local time, at the office of the City Clerk, City Hall, 121 North Rouse, Bozeman, MT. B. Instruction To Bidders (Section 00100) items: • Submittal of Bid: Bound Copy (or bid packet if using electronic bid package) • Bozeman Business License required prior to award. • Approved equal requests must be received by Friday October 29, 2010. Addendum anticipated to be released November 2. • Article 31 & 32 provide for payment time frames: 30 days from submittal & 14 days from approval. • Article 33 details the required one-year warranty walk-through • Article 34 provides notice of the City of Bozeman`s requirement for the Contractor to have a nondiscrimination policy 4. Bid Form A. Critical issues • Acknowledge Addenda on bid form and submit signed copy of Addenda with bid. • Contractor & Subcontractors MT Registration No. required. • Complete, Sign & submit 1. Non-Collusion Affidavit 2. "Information Required of Bidders" must submit within 3 working days of Bid Opening. • Bid all Items in Schedule — Single Contract Award only. • Additive Alternate for ceiling tile replacement (replacement of tiles only, existing ceiling grid to remain. • 10% Bid Bonds • Bid Form: Lump Sum with schedule of values breakdown following award. • Contract Time: 1. 95 calendar days - Substantial Completion (March 25, 2011); Page 1 of 3 2. 109 calendar days - Final Completion (April 8, 2011) • Contract Time is very important due to working around Swim Center Events schedule; Engineer will work with successful bidder to provide quick turnaround time on submittal packages to expedite materials ordering • Liquidated Damages: 1. $500/day - Substantial Completion 2. $500 /day - Final Completion 3. Plus Engineering costs incurred • Ordering of long lead items (luminaires) will be authorized on issuance of the Notice to Proceed to allow sufficient lead time for factory assembly and delivery. 5. General Conditions & Supplementary Conditions (Sections 00700 & 00810) • Review thoroughly. Note: Insurance requirements and nondiscrimination policy requirements. • Contractor to apply for commercial building permit and pay for the permit cost; Owner has submitted plan review and will pay that fee • Based on the testing indicated in the Supplementary Conditions, it is not expected that asbestos or other hazardous materials will be encountered when dealing with existing elements within the building. If materials suspected of containing hazardous materials are encountered, do not disturb; immediately notify the Engineer and Owner. Owner will remove hazardous materials under a separate contract. 6. Labor Standards A. State Wage Rates apply • Weekly payrolls • Prime Contractor Responsible 7. Technical Provisions: A. Summary of Work (Section 01 1000) • General scheduling issues • Working hour restrictions: generally work shall be completed on normal business days (M-F) during the specified hours; however, due to the importance of completing the work on schedule the Owner is willing to allow weekend work provided adequate (48 hours) notice is given so City personnel may make arrangements accordingly. • Boundaries of Work: See Sheet G-1 for construction activity limits and site access limits • Maintain site access at all times- FIRE LANE, fire hydrant in rear. • Parking in Swim Center lot only (no parking in High School lots), keep pedestrian access clear. Page 2 of 3 • Contractor to supply waste dumpster if required, locate in Swim Center parking lot. • Access to interior of building: March 7, 2011. Existing systems to remain intact and functional prior to that date. Staging/pre-fab OK and encouraged. • The Swim Center intends to reopen on Saturday, March 26, 2011. All work must be completed and the building must be ready for occupancy prior to this date (Substantial Completion.) • Concurrent work: 1. Main Pump Replacement: to be awarded under separate contract and performed concurrently. Work shall be performed in different areas of the building and conflicts are not anticipated; however, prime contractors shall coordinate with each other for electrical interruptions, use of the overhead door for equipment entry, etc. 2. Owner installed improvements: miscellaneous painting and low-level maintenance projects, replacement of filter grids in Pool Equipment Room. B. Temporary Facilities and Controls (Section 01 5000) • Provide Construction fencing to keep unauthorized personnel out of staging areas if utilized. • Use of Swim Center's toilets acceptable provided they are cleaned and maintained in a condition acceptable to Owner. • Electricity available from Owner's existing electrical service. C. Closeout Procedures (Section 01 7700) • One year warranty walk-through with Owner required, contractor responsibility to schedule. • Two year warranty on maintenance/repairs to systems installed under these contract docs. This includes all parts, labor, and expenses to correct deficiencies in the work and installed equipment outside of scheduled, normal maintenance requirements that are detailed in the Operation and Maintenance Manual for the project, i.e. replacement of belts, filters, light bulbs, etc. 8. Other Items to Note: A. School Spring Break is March 14-18. School will be in session throughout the majority of the project and students will need pedestrian access to the high school- do not block pedestrian access in the Swim Center parking lot or in the rear of the building adjacent to the Air Handling System for the Swim Center. B. Owner would like recycling of removed equipment wherever possible and practical as opposed to landfilling significant equipment. Contractor shall keep all proceeds from recycling. C. Protect pool deck and pool shell while working on or over these surfaces. Damage to the pool deck or the pool shell will be repaired at the Contractor's expense. Page 3 of 3 CITY OF BOZEMAN SWIM CENTER NATATORIUM LIGHTING UPGRADE PRE-BID CONFERENCE SIGN-IN NAMES COMPANY/AGENCY PHONE E-MAIL e L(/i� el," Yam/3 /i A4,,,oA e j �v�9 MFf sEffrL�„I 592 Z-3 Z >��u�r Cdo�cMdn ��ct �i jN ( sit — Z ylJ6 �^rcc�--� � � I :n p.; �' , �s SBA-�o� ��✓��� � mx ;�`r ��� c� El���.f� odc��-73a -/tct�-?F nbr.�g�E . ,�, Cff E ? mm �ZZ-(cb�j� C'F,e i Q� E✓ M-r .��� 6L e S�.S--.3571 61L6© �?�ri7�Gee1c>�se \\Bozeman-cs9`voll\Projects\0417ko6o-Lighting Upgrade\DOCS\CORRESP\Construction Phase\Meetings\Pre-bid signup_lighting.docx �-d 9660 Summa NYE • Misso%A,MT 59808 ��LECTRIC leinc@libertyetedricinc.com November 18, 2010 Attention: City Clerk City of Bozeman, Montana PO Box 1230 .Bozeman MT 59715 RE: Swim Center Natatorium Lighting Upgrade Hello, I have enclosed the project manual for this project. We acknowledge that our bid that we submitted to you on November 9, 2010, is in accordance with this manual, and we will comply with it. Sincerely yours, 'QC -7/ a Dawn M. Aitken Construction Estimator phone 406721-4177 BOU234232 406-532-1156 fox MISSOULA GREAT FALLS FORT BENTON BOZEMAN CUT BANK SHELBY IBEBTY LIECTRIC 9660 SunnMir DRIVE • MissouLA, MT 59808 Ieinc@libertyelectricine.com NONDISCRIMINATION STATEMENT Liberty Electric, Inc., affirms that it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the exercise of contract should it be awarded to us. Liberty Electric, Inc., also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatment of the Contractor's employees and to aII subcontracts. t0)-LLo4,c-t/n - Cu�4a, vu Dawn M. Aitken Construction Estimator phone 406721-4177 80"234232 406.532-1156 fax MISSOULA GREAT FALLS FORT BENTON BOZEMAN CUT BANK SHELBY 12120l2016 15:15 4065822344 CITY OF 1302EMAN PAGE 01 CITY OF BOZEMAN BUSINESS LICENSE NO. 1I-0008881 $ 0.00 GRANTED December.%-� �'• •raj �'Y 'A .4.• ..•.yyr +y5••4 �%' r•. ^ .n.ti BEGINS Janua 1 )"r . y..r;' , 'W c A of3i 2011 .,. .. _.�;,,...r �iN!i4....—•.a.,.• ...�Ci}.'�•.—, .� ... ...T.r . ,,._.. „r.�...:.�� ,«..;�'.t�M�^'�1PM:�r-T'a . .... To whow it Ohcefts h �` -� �fir. .?, '� -•»,,.�• ..s, ' THIS UCEME,ts., ted to tOMRTY SKLAME r .. "M1W:n+r•iIY..,In.r , �•"rr�4�4 ..f. Y; . Granted b the Ci of Bo"ty z State of mobtama,to-caarry on the'bosia s o r-occuEpagq'i'Of C \ , ' EC'MCAL. In said ' Rloo sas .h+s.• o U,Da_h& `` D ci .j �<< ; '*0�I*"WAo'the c #!in- .ce Zn sccordaiaR�440b4-rov6w o#R � City'ward`the �t `thit �gislat'�v�•�'A�sisb����'t��, at�`o�" �i '`�` �.'�-`-�• .... . .. .. . . ,. •.,r�-; . This Lieens ' s tte"u8 aU h �- O dlftous nm a B.I0b f 7Ace uIse Ordinance 416 Ap This license i ., .,. ,� .-�, +;, ' ,• ' WITNESS my hand aid' "fs D6cej"t#'+�OI�'. � �~'Aewe Signature �''� .,s .w , ,"•�, - LICENSES ....... Laurae Clark,Treasurer By! Carol A. Nelbauer, Business License Clerk PROJECT MANUAL FOR SWIM CENTER NATATORIUM LIGHTING UPGRADE IN BOZEMAN, MT FOR THE CITY OF BOZEMAN P.O. Box 1230 BOZEMAN, MT 59771-1230 OCTOBER, 2010 Prepared by: Morrison-Maierle, Inc. 2880 Technology Blvd. West P.O. Box 1113 Bozeman, MT 59771 Phone: 406-587-0721 Fax: 406-922-6702 October 12, 2010 40NTANq o5��izO Written By: CDZ/DHW Checked By: KWK/TMF C AD D. EiT Approved by: Chad D. Zeitner 18781 Q s1c��° SS'ONAL PROJECT NO: 0417.060.040.000315 NA0417\060-Lighting Upgrade\DOCS\SPECS\DIV 0\cover2.docx Revised 9/2010 TABLE OF CONTENTS SWIM CENTER NATATORIUM LIGHTING UPGRADE PROJECT MANUAL SECTION TITLE DIVISION 0 — BIDDING REQUIREMENTS, CONTRACT FORMS AND DOCUMENTS WHITE PAPER 00100 INVITATION TO BID 00200 INSTRUCTIONS TO BIDDERS YELLOW PAPER 00300 BID FORM INFORMATION REQUIRED OF BIDDERS NON-COLLUSION AFFIDAVIT 00430 BID BOND FORM (EJCDC No. C-430, 2002 Edition) WHITE PAPER 00500 AGREEMENT FORM 00610 PERFORMANCE BOND (EJCDC No. C-610, 2002 Edition) 00615 PAYMENT BOND (EJCDC No. C-615, 2002 Edition) BLUE PAPER 00700 STANDARD GENERAL CONDITIONS FOR THE CONSTRUCTION CONTRACT 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PINK PAPER PREVAILING WAGE RATES (MT. Dept. Of Labor & Industry) WHITE PAPER MISCELLANEOUS FORMS NOTICE OF AWARD NOTICE TO PROCEED CHANGE ORDER FIELD ORDER WORK CHANGE DIRECTIVE ORDER TO CONTRACTOR TO SUSPEND WORK ORDER TO CONTRACTOR TO RESUME WORK APPLICATION FOR PAYMENT CERTIFICATE OF SUBSTANTIAL COMPLETION CONTRACTORS CERTIFICATE AND RELEASE Table of Contents—Page 1 of 2 NA0417\060-Lighting Upgrade\DOCS\SPECSON 0\toc.docx Revised 6/30/03 TABLE OF CONTENTS — CONT'D SWIM CENTER NATATORIUM LIGHTING UPGRADE PROJECT MANUAL GREEN PAPER TECHNICAL SPECIFICATIONS MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS The Montana Public Works Standard Specifications (MPWSS), Fifth Edition, March 2003 and 2006 Addendum, shall apply on this project, subject to the modifications and additions provided in the City of Bozeman Modifications to Montana Public Works Standard Specifications, Fifth Edition, dated March 2004 and Addendums 1,2 & 3. All of the above are incorporated herein by reference and shall be subject to the modifications and additions provided in the following Technical Specifications. SECTION TITLE DIVISION 01 - GENERAL REQUIREMENTS SECTION 01 1000 Summary SECTION 01 2500 Substitution Procedures SECTION 01 2600 Contract Modification Procedures SECTION 01 2900 Payment Procedures SECTION 01 3100 Project Management and Coordination SECTION 01 3200 Construction Progress Documentation SECTION 01 3300 Submittal Procedures SECTION 014000 Quality Requirements SECTION 014200 References SECTION 01 5000 Temporary Facilities and Controls SECTION 01 6000 Product Requirements SECTION 01 7300 Execution SECTION 01 7700 Closeout Procedures SECTION 01 7823 Operation and Maintenance Data SECTION 01 7839 Project Record Documents SECTION 01 7900 Demonstration and Training DIVISION 26— ELECTRICAL SECTION 26 0519 Low-Voltage Electrical Power Conductors and Cables SECTION 26 0526 Grounding and Bonding for Electrical Systems SECTION 26 0533 Raceways and Boxes for Electrical Systems SECTION 260923 Lighting Control Devices SECTION 265100 Interior Lighting END OF TABLE OF CONTENTS Table of Contents—Page 2 of 2 N:\0417\060-Lighting UpgradeTOMSPECS\OIV 0\toc.docx Revised 9/2010 SECTION 00100 INVITATION TO BID Separate sealed bids for construction of Swim Center Natatorium Lighting Upgrade will be received by the City of Bozeman at the office of City Clerk, City Hall, 121 North Rouse, Bozeman, MT 59715 until 2:00 pm local time on Tuesday , November 9, 2010 , and then publicly opened and read aloud. Mailed bids must be received before 2:00pm, Tuesday, November 9. Mailed bids should be sent to: City Clerk, City of Bozeman, P.O. Box 1230, Bozeman, MT 59771. No faxed or electronic bids will be accepted. The project generally consists of, but is not necessarily limited to, the following major items: Removal of the existing natatorium light fixtures with selective demolition of connected electrical elements; installation of new lighting fixtures and related elements for the Natatorium space. The Contract Documents, consisting of half size Drawings and Project Manual, may be viewed or obtained by either electronic documents on-line, or a hard copy at the office of Morrison-Maierle, Inc., 2880 Technology Blvd. West, Bozeman, MT. Complete digital project plans and specifications can be viewed and are available for downloading at the Morrison-Maierle, Inc. website "www.m-m.net", by clicking on the "Projects Bidding" link. They can also be downloaded at the Quest CDN website "www.questcdn.com" by registering and selecting this project on the website's "Project" page. A project number and password are not required. You may register and download the digital plan documents for $30.00. For assistance with the free membership registration, downloading, and working with this digital project information, please contact QuestCDN at 952-233-1632 or email "infoC@questcdn.com". In addition, the Drawings and Project Manual may be examined at the following locations: • Bozeman Swim Center Aquatics Office, 1211 W. Main Street, Bozeman, MT • Bozeman Builders Exchange (and affiliated plan exchanges in Butte, Great Falls, Billings, Kalispell, Missoula, and Helena) Invitation to Bid- 00100- Page 1 of 3 NA0417\060-Lighting Upgrade\DOCS\SPECS\DIV 0\00100_invite_bid.docx Revised 9/2010 • The office of the consulting engineer, Morrison-Maierle, Inc., 2880 Technology Boulevard West, Bozeman, MT • Office of the City Clerk, 121 North Rouse Avenue, Bozeman, MT Hard copies of the Contract Documents may be obtained at the Issuing Office, Morrison-Maierle, Inc., 2880 Technology Blvd. West, Bozeman, MT, (406) 587-0721. Required deposit is $75.00 per set, which is not refundable, by regular mail or United Parcel Service (UPS). Payment of an additional $20 is required for express mail. Full size drawings may be purchased for an additional $25 per set. There will be a Pre-Bid Conference at the Bozeman Swim Center at 2:00 pm on October 25, 2010. Interested CONTRACTORS are encouraged to attend. A tour of the project site(s) will be conducted after the meeting. CONTRACTOR(s) and any of the CONTRACTOR's subcontractors bidding on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. CONTRACTOR(s) are required to have registered with the DLI prior to bidding on this project. All laborers and mechanics employed by CONTRACTOR() or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of the United States and the State of Montana accordance with the schedule of Montana Prevailing Wage Rates established by the Montana Department of Labor and Industry included in the Project Manual. The CONTRACTOR must ensure that employees and applicants 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 City of Bozeman, in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS shall furnish an approved Construction Performance Bond and a Construction (Labor and Materials) Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a Invitation to Bid -00100- Page 2 of 3 NA0417\060-Lighting Upgrade\DOGS\SPECS\DIV 0\00100_invite_bid.docx Revised 9/2010 certificate(s) of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of the Bids specified above. The right is reserved to reject any or all Proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60), and to accept the lowest responsive and responsible bid which is in the best interest of the City of Bozeman. The CITY OF BOZEMAN is required to be an Equal Opportunity Employer. Dated this 12th day of October, 2010. Stacy Ulmen City Clerk (Title) Address: 121 N. Rouse St. Bozeman, MT 59715 Publication Dates: Bozeman Daily Chronicle Sunday, October 17, 2010 Sunday, October 24, 2010 Sunday, October 31, 2010 Sunday, November 7, 2010 Invitation to Bid -00100 - Page 3 of 3 NA0417\060-Lighting Upgrade\DOGS\SPECS\DIV 0\00100_invite_bid.docx Revised 9/2010 SECTION 00200 INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS ARTICLE 1 - DEFINED TERMS......................................................................................3 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS........................................................3 ARTICLE 3 - QUALIFICATIONS OF BIDDERS ..............................................................3 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, ANDSITE.................................................................................................4 ARTICLE 5 - PRE-BID CONFERENCE ..........................................................................7 ARTICLE 6 - SITE AND OTHER AREAS........................................................................8 ARTICLE 7 - INTERPRETATIONS AND ADDENDA ......................................................8 ARTICLE8 - BID SECURITY..........................................................................................8 ARTICLE 9 - CONTRACT TIMES...................................................................................9 ARTICLE 10 - LIQUIDATED DAMAGES.........................................................................9 ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS ................................................9 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS ..............................9 ARTICLE 13 - PREPARATION OF BID ........................................................................ 10 ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS .......................................... 12 ARTICLE 15 - SUBMITTAL OF BID.............................................................................. 13 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID...................................... 14 ARTICLE 17 - OPENING OF BIDS............................................................................... 15 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE................................. 15 ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT....................... 15 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE ......................................... 16 ARTICLE 21 - SIGNING OF AGREEMENT.................................................................. 16 ARTICLE 22 - MONTANA STATE LAWS AND REGULATIONS .................................. 16 Instructions to Bidders -00200 - Page 1 of 20 NA04171060-Lighting Upgrade\DOMSPEMDIV 0\00200insr_bid.docx 10/13/2010 ARTICLE 23 - MPW STANDARD SPECIFICATIONS................................................... 17 ARTICLE 24 - COMPLIANCE WITH LABOR STANDARDS AND WAGE RATE REQUIREMENTS................................................................................... 18 ARTICLE 25 - EPA AND MDEQ REQUIREMENTS (DELETED).................................. 19 ARTICLE 26 - SALES AND USE TAXES (DELETED).................................................. 19 ARTICLE 27 - RETAINAGE .......................................................................................... 19 ARTICLE 28 - CONTRACTS TO BE ASSIGNED (DELETED)...................................... 19 ARTICLE 29 - BOZEMAN BUSINESS LICENSE ......................................................... 19 ARTICLE 30 - PAYMENTS AND BIDDER BREAKDOWN OF BIDS............................. 19 ARTICLE 31 - NOTICE OF APPROVAL OF PAYMENT REQUEST PROVISION........ 19 ARTICLE 32 - NOTICE OF EXTENDED PAYMENT PROVISION................................ 19 ARTICLE 33 - NOTICE OF ONE YEAR WARRANTY WALK-THROUGH ....................20 ARTICLE 34 - NOTICE OF NONDISCRIMINATION POLICY.......................................20 Instructions to Bidders - 00200 - Page 2 of 20 NA0417\060-Lighting Upgrade\DOCSISPECS\DIV 0\00200insr_bid.docx 10/13/2010 SECTION 00200 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder--The individual or entity who submits a Bid directly to OWNER. B. Issuing Office--The office [identified in the Invitation to Bid] from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained on-line or from the Issuing Office. The deposit will not be refunded. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five (5) days of OWNER's request, Bidder shall submit written evidence such as financial data, previous experience in performing comparable work, business and technical organization, present commitments, and such other data as may be called for below or in the Supplementary Conditions. A. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. No Bidder will be acceptable if he is engaged in any other work which impairs his ability of meeting all requirements herein stipulated. Instructions to Bidders-00200- Page 3 of 20 NA0417\060-Lighting UpgradeZOCSISPECSTIV 0100200insr_bid.docx 10/13/2010 B. In determining the lowest responsible bid, the following elements will be considered; whether the Bidder involved: 1. maintains a permanent place of business; 2. has adequate plant and equipment to do the work properly and expeditiously; 3. has a suitable financial status to meet obligations incident to the work; and 4. has appropriate technical experience. C. Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance this contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in the Supplementary Conditions will be made available by OWNER for examination by any Bidder at the Issuing Office on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions (if any). Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon Instructions to Bidders-00200- Page 4 of 20 NA0417\060-Lighting Upgrade\DOGS\SPECS\DIV 0\00200insr_bid.docx 10/13/2010 information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others. OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof unless expressly provided otherwise elsewhere. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in the Supplementary Conditions will be made available by OWNER for examination by any Bidder at the Issuing Office on request. Those reports and drawings are not part of the Contract Documents, but the "technical data"contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions has been identified and established in paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Responsibility for Adequacy of Data Furnished A. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, Underground Facilities, and other physical conditions, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.05 Access to the Site A. On request, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill and compact all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavations and utility locates. 4.06 Other Work at the Site A. Reference is made to Article 7 of the Supplementary Conditions or other sections of the Project Manual for the identification of the general nature of other work Instructions to Bidders - 00200- Page 5 of 20 NA0417\060-Lighting Upgrade\DOMSPEMDIV 0\00200insr_bid.docx 10/13/2010 that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. Examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. Visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; including but not limited to those general and local conditions affecting transportation, disposal, handling and storage facilities, availability of labor, water, power, roads, climactic conditions and seasons, physical conditions at the work Sites and project area as a whole, job site topography and ground conditions, equipment and facilities needed preliminary to and during work prosecution; C. Become familiar with and satisfy Bidder as to all Federal, State, and Local Laws and Regulations that may affect cost, progress, or performance of the Work; D. Carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E. Obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site, which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. Become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; Instructions to Bidders-00200- Page 6 of 20 NA0417\060-Lighting UpgradeTOCS\SPECSTIV 0\00200insr_bid.doex 1 011 3/201 0 H. Correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. Promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 Representation Made by Submitting a Bid A. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and/or procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents and any written resolutions are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.09 Electronic Bidding Documents A. The Contractor agrees that the digital files provided for this Project are the property of the Owner and instruments of the professional service of Morrison-Maierle, Inc., and these entities shall retain all common law, statutory law and other rights, including the copyrights thereto. The Owner and Morrison-Maierle, Inc. make no representation as to the compatibility of the electron files with the Contractor's software and shall not be responsible for any consequences caused by the incompatibility of the Contractor's software with the software used by Morrison-Maierle, Inc. to prepare or create the digital files. The Owner and Morrison-Maierle, Inc. will not be responsible for any consequences resulting from the Contractor's conversion of the digital files to a different format. The Contractor shall not alter or modify the digital files in any way. The Contractor shall not use the data contained in the electronic files for any purpose other than for use in relation to the referenced Project. ARTICLE 5 - PRE-BID CONFERENCE 5.01 A pre-Bid conference will be held at the time, date and place specified in the Invitation to Bid. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as Instructions to Bidders -00200 - Page 7 of 20 NA0417\060-Lighting UpgradeTOCS\SPECSOV 0\00200insr_bid.docx 10/13/2010 ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than eleven (11) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 7.03 Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal, shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid and on the Bid Form. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to OWNER in an amount of ten percent (10%) of Bidder's maximum Bid price and in the form of a cashier's check, certified check, bank money order, or bank draft, in any case drawn and issued by a national banking association located in Montana or by any banking corporation incorporated under the laws of Montana; or a Bid Bond on the form attached issued by a surety authorized to do business in Montana meeting the requirements of paragraphs 5.01 and 5.02 of the General Conditions. Bid bonds shall be countersigned by an insurance producer licensed in Montana. 8.02 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within fifteen (15) days after the Notice of Award, OWNER Instructions to Bidders-00200 - Page 8 of 20 NA0417\060-Lighting Upgrade\DOCS\SPECS\DIV 0\00200insr_bid.docx 10/13/2010 may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven (7) days after the Effective Date of the Agreement or sixty-one (61) days after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven working days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in Section 00300 Bid Form and Section 00500 Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in Section 00300 Bid Form and Section 00500 Agreement. ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or those substitute or "or-equal" materials and equipment approved by ENGINEER and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed substitute or "or-equal" item. No item of material or equipment will be considered by ENGINEER as a substitute or "or-equal" unless written request for approval has been submitted by Bidder and has been received by ENGINEER at least eleven (11) days prior to the date for receipt of Bids. Each such request shall conform to requirements of paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. ENGINEER's decision of approval or disapproval of a proposed item will be final. If ENGINEER approves any proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require or the OWNER requests the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five (5) days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualifications for each such Instructions to Bidders -00200 - Page 9 of 20 NA0417\060-Lighting Upgrade\DOMSPEMDIV 0\00200insr bid.docx 10/13/2010 Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and OWNER may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may determine such Bidder to be non-responsive and reject the Bid, and may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions. 12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from ENGINEER; however, the Bid must be made on the forms provided in this bound copy of the Project Manual. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations there from may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words "No Bid," No Change," or "Not Applicable" entered. 13.03 A Bid by a corporation must be executed in the corporate name by the president or a vice-president or other corporate officer who is authorized to bind the corporation, and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by evidence of authority to sign. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership must be shown below the signature. Instructions to Bidders-00200 - Page 10 of 20 NA0417\060-Lighting Upgrade\DOGS\SPECS\DIV 0\00200insr_bid.docx 10/13/2010 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The State of formation of the firm and the official address of the firm must be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a Joint Venture shall be executed by each Joint Venturer in the manner indicated on the Bid Form. The official address of the Joint Venture must be shown below the signature. 13.08 All signatures are to be in ink and names must be typed or printed in ink below the signatures. The title of the person(s) executing the Bid shall be clearly indicated beneath the signature(s). 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form. A copy of all acknowledged Addenda shall be attached to the Bid Form. Bids in which all issued addenda are not acknowledged will be considered incomplete and will not be read. 13.10 The address and telephone number for communications regarding the Bid must be shown. 13.11 The Bid must contain evidence of Bidder's authority and qualification to do business in Montana. Bidder's current Montana state contractor registration number must be shown on the Bid Form. 13.12 The Bid will not be considered unless accompanied by proper Bid Security in accordance with Article 8 of these Instruction to Bidders. 13.13 The Bid may not be considered unless all attached forms or certifications in this Project Manual are completed. Depending on federal assistance regulations, these may include, but are not limited to: Noncollusion Affidavit Certification of Nonsegregated Facilities DBE Certifications EEO Certifications Clean Air Act and Water Pollution Control Act Certifications Federal Lobbying Certification 13.14 Alternate Bids will not be considered unless called for. 13.15 Bids by telephone, telegraph, fax or other telecommunication systems will not be considered. Instructions to Bidders- 00200- Page 11 of 20 NA0417\060-Lighting Upgrade\DOGS\SPECS\DIV 0\00200insr_bid.docx 10/13/2010 13.16 No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Bids A. Bidders shall submit a Bid on a unit price and/or lump sum basis for each item of Work listed in the Bid Schedule as provided in the Bid Form and as described below. The Bid will not be considered unless the Bid Form contains prices for all unit price and/or lump sum items, and alternates, as shown on the Bid Form. Bids and totals shall be shown legibly in their proper locations. The Total Amount of the Bid shall be legibly written and numerically presented in the proper places and the Bid Form shall be manually signed. 14.02 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid Schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 14.03 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 14.04 The low Bidder will be determined on the basis of the sum of the lowest total Lump Sum Base Bid without consideration of any additive or deductive alternate bids for lump sum proposals. The Owner reserves the right to exercise any or all additive or deductive alternatives in any combination after the lowest acceptable proposal has been determined. 14.05 The right also is reserved for the Owner to negotiate with the responsible Bidder submitting the lowest responsive bid in the event such lowest bid exceeds the amount budgeted for this contract. Such negotiations, if the Owner elects to negotiate rather than to reject all proposals, shall be directly between the Owner and such Bidder. The Owner and such Bidder shall review the Contract Documents, and the Owner may provide such additional information as it deems appropriate to provide. Such Bidder then may be invited by the Owner to submit a revised bid. The Bidder may elect not to Instructions to Bidders -00200 - Page 12 of 20 NA0417\060-Lighting Upgrade\DOMSPECS\DIV 0\00200insr_bid.docx 1 011 3/20 1 0 submit a revised bid, and the Owner may reject any such revised bid. Such revised bid, if any, shall be submitted within thirty days from the date of the initial bid opening. ARTICLE 15 - SUBMITTAL OF BID 15.01 Each prospective Bidder who obtains hard copies of the Project Manual is furnished one bound copy of the Bidding Documents with one copy of the Bid Form bound therein. The bound copy of the Bid Form is to be completed and submitted with the Bid Security and the following data. For Bidders who have received the Project digitally via the Morrison-Maierle, Inc. "Projects Bidding" link, the documents contain a listed "Bid Proposal Packet" section which includes all items required to be submitted as part of the Bid submittal. Data to be submitted with the Bid includes: A. Copies of acknowledged Addendums B. Other data required by the Instructions to Bidders, Bid Form, Supplementary Conditions or Bidding Documents. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to: City of Bozeman Attn: Stacy Ulmen, City Clerk 121 N. Rouse Bozeman, MT 59715 15.03 Other Bid submittal requirements: A. The Bid will not be considered unless accompanied by proper Bid Security in accordance with Article 8 of these Instructions to Bidders. B. Alternative Bids will not be considered unless called for. C. Bids by telephone, telegraph, fax or other telecommunication systems will not be considered. 15.04 The following items shall be completed as part of the Bid submittal: 1. Fill in all blanks on Project Manual Book cover. Instructions to Bidders -00200 - Page 13 of 20 NA0417\060-Lighting Upgrade\DDCS\SPECS\DIV 0\00200insr_hid.docx 10/13/2010 2. Complete all required items in the Bid Form. 3. Provide a completed Bid Bond form. 4. Acknowledge and attach all Addendums. 15.05 Statement of Bidder's Qualifications and Other Information: The apparent low Bidder shall be required to submit certain information as requested in the section titled "Information Required of Bidders." This information shall be submitted within three working days after the bid opening by the apparent low Bidder. Failure to comply with this requirement may render the Bid unresponsive and may result in the rejection of the Bid. Furthermore, failure of the low Bidder to provide this information shall be reason for the OWNER to make a claim against the bid security. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids, as called for in the Invitation to Bid. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s) who signed the Bid. 16.02 If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work. 16.03 Bids and modifications or withdrawals thereof received at the office designated in the Invitation for Bid after the exact time set for opening of Bids will not be considered unless: They are received before award is made; and either (1) they are sent by registered mail, or by certified mail not later than the fifth calendar day before the date specified for the Bid for which an official dated post office stamp (postmark) on the original Receipt for Certified Mail has been obtained and it is determined by the OWNER that the late receipt was due solely to delay in the mail for which the BIDDER was not responsible; or (2) if submitted by mail, it is determined by the OWNER that the late receipt was due solely to mishandling by the OWNER after receipt at the OWNER's installation: PROVIDED, that timely receipt at such installation is established upon examination of an appropriate date or time stamp (if any) of such installation, or of other documentary evidence of receipt (if readily available) with the control of such installation or of the post office serving it; or (3) was sent by U.S. Postal Express Mail next day service not later than 5:00 P.M. at the place of mailing two working days prior to the date specified for receipt of Bids. 16.04 Bidders using certified mail are cautioned to obtain a Receipt for Certified Mail showing a legible, dated postmark and to retain such receipt against the chance that it Instructions to Bidders -00200- Page 14 of 20 NA0417\060-Lighting Upgrade\DOMSPECSOV 0\00200insr_bid.docx 10/13/2010 will be required as evidence that a Bid was timely mailed. If the post mark on the original Receipt for Certified Mail does not show a date, the Bid shall not be considered. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place set for the opening as indicated in the Invitation to Bid and, unless obviously non-responsive, will be read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19— EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any and/or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. OWNER also reserves the right to reject the Bid of any Bidder if OWNER believes it would not be in the best interest of the Project to make an award to that Bidder, whether because Bid is not responsive, or the Bidder is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the OWNER. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of the Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Instructions to Bidders-00200- Page 15 of 20 NA0417\060-Lighting Upgrade\DOGS\SPECS\DIV 0\00200insr_bid.docx 10/13/2010 Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the responsible Bidder whose Bid is in the best interests of the Project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents, Bid price, and other appropriate factors. 19.07 If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within sixteen (16) days after the day of the Bid opening. 19.08 The OWNER reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the OWNER. 19.09 The OWNER reserves the right to cancel the award of any Agreement at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. 19.10 If, at the time this Contract is to be awarded, the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such other action as best serves the Owner's interests. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to Performance Bond, Payment Bond, and insurance. When the successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds and insurance certificates. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When OWNER gives a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within ten (10) days thereafter, successful Bidder shall sign and deliver five (5) counterparts of the Agreement and attached documents to OWNER. Within fifteen (15) days thereafter, OWNER shall deliver two fully signed counterparts to successful Bidder. ARTICLE 22 - MONTANA STATE LAWS AND REGULATIONS 22.01 All applicable laws, ordinances and the rules and regulations of authorities having jurisdiction over construction of the project shall apply to the Contract throughout. State laws and ordinances which the CONTRACTOR must comply with, include but are not limited to, those involving workmen's compensation insurance, Instructions to Bidders-00200- Page 16 of 20 NA0417\060-Lighting Upgrade\DOGS\SPECS\DIV 0\00200insr_bid.docx 10/13/2010 contractor registration, employment preference to Montana contractors and Montana residents, and gross receipts tax. 22.02 MONTANA CONTRACTOR REGISTRATION REQUIREMENT. Title 39, Chapter 9, Part 2, MCA for registration of CONTRACTORS with the Montana Department of Labor and Industry. No bids will be considered that do not carry the Bidder's Montana Contractor's Registration Number on the bid form and also on the envelope containing the Bid. Information pertaining to this requirement and registration forms may be obtained from the Montana Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011 or by calling 1-406-444-7734. 22.03 ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS TAX). In accordance with Title 15, Chapter 50, MCA, the OWNER shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the CONTRACTOR and shall transmit such moneys to the Montana Department of Revenue. 22.04 BIDDER PREFERENCE. In accordance with the provisions of Title 18, Chapter 1, Part 1 , MCA, a preference will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder from any state or country that enforces a preference in their state or country for their resident Bidders. The preference given to Montana resident Bidders will be equal to the preference given in the other state or country. This Bidder preference applies unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further, wherever possible, products manufactured and produced in the State, which are suitable substitutes for products manufactured or produced outside the State, and comparable in price, quality and performance, shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. 22.05 LOCAL LABOR. CONTRACTOR shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. ARTICLE 23 - MPW STANDARD SPECIFICATIONS 23.01 The Montana Public Works Standard Specifications, Fifth Edition, March 2003 (and 2006 Addendum), are referred to elsewhere in this document as the MPW Standard Specifications. Copies of the MPW Standard Specifications and all addenda are available from: Associated General Contractors of America Montana Contractors Association Instructions to Bidders - 00200 - Page 17 of 20 N10417\060-Lighting Upgrade\DOGS\SPECS\DIV 0\00200insr_bid.docx 10/13/2010 1717 11th Avenue Helena, MT 59601 Telephone- (406) 442-4162 ARTICLE 24 - COMPLIANCE WITH LABOR STANDARDS AND WAGE RATE REQUIREMENTS 24.01 For public works projects, pursuant to MCA 18-2-422, all laborer and mechanics employed by the CONTRACTOR(s) or subcontractors in performance of construction projects with a total cost of $25,000 or more, shall be paid, minimum wages in conformance with the prevailing State Wage Rates published by the Montana Department of Labor and Industry. The prevailing wage rate schedules are included herein. The OWNER does not guarantee that labor can be procured for the minimum wages shown on the referenced schedules. The rates of wages listed are minimum only, below which the CONTRACTOR cannot pay, and they do not constitute a representation that labor can be procured for the minimum listed. 24.02 The minimum wages included in the Project Manual are not controlling except as to the minimum for the purpose of Montana State Law or the Davis-Bacon Act; therefore, it is incumbent upon each employer to pay the standard prevailing rate of wages including fringe benefits for health and welfare and pension contributions and travel allowance provisions in effect and applicable to the county or locality in which the work is being performed. The CONTRACTOR and all subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this project area. 24.03 "Standard Prevailing Rate of Wages" is defined by Section 18-2-401 MCA, as including wages, fringe benefits for health and welfare and pension contributions and travel allowance which are paid in the county or locality by other contractors for work of a similar character performed in that county or locality by each craft, classification or type of worker needed to complete a contract. 24.04 Any infraction of the Laws of the State of Montana covering Labor, Title 39, Chapters 1 through 73, MCA will be forwarded to the State of Montana Department of Labor and Industry. 24.05 "Travel Allowance", in effect at the time of contract award, and according to latest information received by the State of Montana Department of Labor and Industry, Labor Standards Division, shall be adhered to where applicable. 24.06 Travel allowance if applicable, may or may not be all inclusive of "travel" and/or subsistence and travel time due employees. It is incumbent on the employer to determine the amounts due for each craft employed according to the method of computation outlined for each craft where applicable. 24.07 To comply with Montana Law Section 18-2-401 thru 18-2-432 MCA, the Contractor shall post in a prominent and accessible site on the project work area, not later than the first day of work, a legible statement of all wages to be paid to the employees employed on the project. Instructions to Bidders - 00200 - Page 18 of 20 NA0417\060-Lighting Upgrade\DOGS\SPECS\DIV 0\00200insr_bid.docx 10/13/2010 ARTICLE 25 - EPA AND MDEQ REQUIREMENTS (DELETED) ARTICLE 26 - SALES AND USE TAXES (DELETED) ARTICLE 27 - RETAINAGE 27.01 Provisions concerning retainage are set forth in the Agreement. ARTICLE 28 - CONTRACTS TO BE ASSIGNED (DELETED) ARTICLE 29 — BOZEMAN BUSINESS LICENSE 29.01 CONTRACTOR and all subcontractors will be required to obtain a current City of Bozeman Business License prior to award of the Contract. The City Business License is not required for bidding. The license(s) may be obtained from the City of Bozeman. Information on requirements and cost of the license may be obtained by calling 406- 582-2300. Applications may be obtained at City Hall, 121 North Rouse, ARTICLE 30 - PAYMENTS AND BIDDER BREAKDOWN OF BIDS 30.01 Payment for all work performed under this Agreement will be made by the OWNER within the time period specified in and in accordance with the procedures outlined in the General Conditions. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty (30) days, progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. 30.02 For the sole purpose of facilitating monthly progress payments, a breakdown of Bid Item 5, "Natatorium Lighting System, complete" into costs associated with each technical specification section is to be submitted within 15 calendar days after the Bid Opening. The price breakdown shall be fairly apportioned to the various parts of the work and shall meet with the ENGINEER's approval. If so requested by the ENGINEER, the CONTRACTOR shall substantiate any price or prices with additional detail price breakdown or other information as requested by the ENGINEER. ARTICLE 31 - NOTICE OF APPROVAL OF PAYMENT REQUEST PROVISION 31.01 These Contract Documents and this Contract allows the OWNER to review and approve each CONTRACTOR's periodic payment request within 30 days after the request is received by the OWNER. ARTICLE 32 - NOTICE OF EXTENDED PAYMENT PROVISION 32.01 These Contract Documents and this Contract allow the OWNER to make periodic payments within 14 days after the OWNER's approval of each periodic payment request. Instructions to Bidders - 00200 - Page 19 of 20 NA0417\060-Lighting UpgradeTOCS\SPECSTIV 0\00200insr_bid.docx 10/13/2010 ARTICLE 33 - NOTICE OF ONE YEAR WARRANTY WALK-THROUGH 33.01 On or about the one year anniversary of final project completion, the CONTRACTOR shall contact OWNER and provide a walk-through with the OWNER to identify and address any workmanship/warranty issues that may require attention. The CONTRACTOR shall remedy any such issues identified in this walk-through as part of CONTRACTOR's standard warranty obligations. ARTICLE 34 - NOTICE OF NONDISCRIMINATION POLICY 34.01 The CONTRACTOR will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. 34.02 The CONTRACTOR will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. 34.03 The CONTRACTOR shall be subject to and comply with Title A of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. 34.04 The CONTRACTOR shall require these nondiscrimination terms of its sub- consultants providing services under this contract. END OF SECTION 00200 Instructions to Bidders- 00200- Page 20 of 20 NA0417\060-Lighting UpgradeTOCS\SPECSTIV 0\00200insr_bid.docx 1 011 3/20 1 0 SWIM CENTER NATATORIUM LIGHTING UPGRADE BASE BID SHEET (Required of All Bidders with submittal of Bids at time of Bid Opening) The Bid for the following items shall be a unit price or lump sum bid for all construction work described in the Contract Documents. The bid price shall include all temporary or permanent equipment, materials, supplies, and labor necessary to construct the item in accordance with the Contract Documents. ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL NO. QUANTITY PRICE PRICE 1 Mobilization-Demobilization (no more than 3% of Bid Total) 1 LS ", 4e, m �20 2 Taxes, Bonds, and Insurance 1 LS 3 General Requirements, complete 1 LS a, S co. n o 4 Demolition and Disposal 1 LS 5 Natatorium Lighting System, complete 1 LS TOTAL LUMP SUM BASE BID PRICE Tott I Base Pid Price in Words 0 pd / Total Base Bid Price in Figures a Section 00300 Page 5 of 11 N:1MM050-Lighting Upgrade\DOCSISPECS\DIV 0\00300 Bid Form.docx 10/12/10 ADDITIVE ALTERNATES TO BASE BID The following Additive Alternate Proposals are offered for the Owners consideration: A. ADDITIVE ALTERNATE NO. 1: NATATORIUM CEILING TILE REPLACEMENT The work included in this Additive Alternate No. 1 includes the following: 1. Provide and install replacement ceiling tiles for the existing natatorium suspended ceiling grid as shown on the Drawings. This work shall include removal and disposal of existing ceiling tiles. Salvage the most recently installed tiles that are in good condition to the Owner for future use. No modifications to the existing ceiling grid are anticipated as part of this Additive Alternate work item. The Bidder further proposes that if the Owner elects to include the replacement ceiling tiles as outlined above with additional requirements in other applicable sections of the specifications and necessary changes in construction as required to complete the work with this addition, based upon the undersigned's own estimate of quantities and cost,the lump sum bid will be increased in the amount of: J Additive Alternate 1 Bid in Words: �Or ,�.� ,���t Salt �✓ Additive Alternate 1 Bid in Figures: J� /y� 2..2 g• Oy The right is reserved to accept or reject the Proposal for Additive Alternate No. 1 as is in the best interests of the Owner. END OF ADDITIVE ALTERNATES BID SUMMARY 420 BASEBID........................................................................................$ 0 c b ADDITIVE ALTERNATE NO. 1 ....................................................... d r?.2 f aG Section 00300 Page 6 of i 1 NAMM060-Lighting UpgraWDOCSISPECS01V 0\00300 Bid Form.docx 10/12/10 ARTICLE 10-BID SUBMISSION SUBMITTED onry(f` �/(� Montana Contractor Registration No. . Employer's Tax ID No. If Bidder is: `\\\ S„LtErrCuT�rr,,,�����, A Corporation 'cj Corporation Name: L n` State of Incorporation: M 0- J-f A YU A Type (General Business, Professional, Service, Limited Liabili U Eay E-L-&L By (Sig ature -- attach evidence of authori o sign if not a Corporate officer) Name (typed or printed): C nft ) 0\01-11% li: Title: P r2 t -(t Attest: =gyprp A6, z n= (Signature of Secretary) =�` tusine address: w �n e� J u /ri ✓YL i 7 /�( (, 2�,r fin^ c ririrq�rtlrnnmtnnt°`"� Phone No.: `�` ' Jo -y! 77 FAX No.: Date of Qualification to do business (in Montana] is J� ij-7 c_q An Individual Name (typed or printed): By: (SEAL) (individual's signature) Doing business as: Section 00300 Page 9 of 11 NA0417T060-Ughling UpgradeXIDO 1SPECSWIV 0\00300 Bid Form.docx 10/12/10 Business address: Phone No.: FAX No.: A Partnership Name (typed or printed): By: (SEAL) (Individual's signature) Name (typed or printed): Business address: Phone No.: FAX No.: A Joint Venture (Each Joint Venture must sign.) Joint Venturer Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Joint Venturer Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Section 00300 Page 10 of 11 NA0417\060-Ughting Upgrade\DOGS\SPECS\DIV 0\00300 Bid Fonn.docx 10/12/10 Business address: Phone No.: FAX No.: Address of Joint Venture for Receipt of Official Communication: Address: Phone No.: FAX No.: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) END OF SECTION 00300 Section 00300 Page 11 of 11 NA04171060-lighting UpgradeMMSPECSTIV 0100300 Bid Form.docx 10/12/10 ACKNOWLEDGEMENT OF ADDENDUM NO.1 The Bidder shall acknowledge receipt of Addendum No. 1 in the Bid Form and Shall Submit this Addendum No. 1 with Volume 1 of the Contract Documents at the Bid Opening. Received by: l �n �! (Name) (Title) L (Date) Addendum No.1 Page 4 of 4 PENAL SUM FORM BID BOND Any singular reference to Bidder,Surety,Owner,or other party shall be considered plural where applicable. BIDDER(Name and Address): Liberty Electric, Inc. 9660 Summit Drive Missoula, MT 59808 SURETY(Name and Address of Principal Place of Business): Berkley Regional Insurance Company 11201 Douglas Avenue Urbandale, IA 50322 OWNER(Name and Address): City of Bozeman 121 N. Rouse Bozeman, MT 59715 BID Bid Due Date: November 9,2010 Project(Brief Description Including Location): Swim Center Natatorium Lighting Ugrade MMI#0417.060 040 000315 BOND Bond Number: Bid Bond Date(Not later than Bid due date): November 4,2010 Penal sum Ten Percent of Amount Bid 10% (Words) (Figures) Surety and Bidder,intending to be legally I*& v ill ,`� to the terms printed on the reverse side hereof,do each cause this Bid Bond to be duly executed, s bel it rized officer,agent,or representative. BIDDER _w' : SEALIETY Liberty Electric. Inc. `, ( 43erkley Regional Insurance Company Seal Bidder's Na6i_�nd Corporate Seal J%, .���� t �q§urety's Name and Corporate Seal _ 19 o yG By; SEAS Signature and Title J(��l1 t �j C a� 1eae 'ture and YtIe Ed iqeine �G' Q DES ''�a,,�aawa ch Powe of Attorney)Attorney-in-Fact 2'�S grt11111A� Attest: / Attest: Signature an Title r Signature and Title Su Bartenhagen,Ac nt Manager Note: Above addresses are to be used for giving required notice. EJCDC NO.C430(2002 Editian) 00430-1 PENAL SUM FORM I. Bidder and Surety, jointly and severally, bind 7. Any suit or action under this Bond shall be commenced themselves, their heirs, executors, administrators, only in a court of competent jurisdiction located in the state successors and assigns to pay to Owner upon default of in which the Project is located. Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Surety's liability. S. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on 2. Default of Bidder shall occur upon the failure of Bidder the face of this Bond. Such notices may be sent by personal to deliver within the time required by the Bidding delivery, commercial courier, or by United States Documents(or any extension thereof agreed to in writing by Registered or Certified Mail, return receipt requested, Owner) the executed Agreement required by the Bidding postage pre-paid, and shall be deemed to be effective upon Documents and any performance and payment bonds receipt by the party concerned. required by the Bidding Documents, 9. Surety shall cause to be attached to this Bond a current 3. This obligation shall be null and void if: and effective Power of Attorney evidencing the authority of 3.1. Owner accepts Bidder's Bid and Bidder delivers the officer,agent,or representative who executed this Bond within the time required by the Bidding on behalf of Surety to execute,seal,and deliver such Bond Documents(or any extension thereof agreed to in and bind the Surety thereby. writing by Owner) the executed Agreement required by the Bidding Documents and any 10. This Bond is intended to conform to all applicable performance and payment bonds required by the statutory requirements. Any applicable requirement of any Bidding Documents,or applicable statute that has been omitted from this Bond shall 3.2. All Bids are rejected by Owner,or be deemed to be included herein as if set forth at length. If 3.3. Owner fails to issue a Notice of Award to Bidder any provision of this Bond conflicts with any applicable within the time specified in the Bidding statute, then the provision of said statute shall govern and Documents(or any extension thereof agreed to in the remainder of this Bond that is not in conflict therewith writing by Bidder and,if applicable,consented to shall continue in full force and effect. by Surety when required by Paragraph 5 hereof). 11. The term"Bid"as used herein includes a Bid,offer,or 4. Payment under this Bond will be due and payable upon proposal as applicable. 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. 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 ease later than one year after Bid due date. EJCDC NO.C-430(2002 Edition) 00430-2 No. POWER OF ATTORNEY BERIMEY REGIONAL INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY(the"Company'l, a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed,and does by these presents make,constitute and appoint: Ed Heine Payne Financial Group,Inc. Missoula,MT Surety Bond Number: Bid Bond Principal: ,Liberty Electric, Inc. obligee: City of Bozeman Amount of Bond: See Bond Form its true and lawful Attomey-in-Fact,to sign its name as surety only as delineated below and to execute,sea),acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Twenty-Five Million and 00/100 Dollars(S25,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the-regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware,without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21,2000; "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of Attomey authorizing and qualifying the attomey-in-fact named therein to execute bonds,undertakings,recognizances,or other suretyship obligations on behalf of the Company,and to affix the corporate sea)of the Company to powers of attorney executed pursuant hereto;and further RESOLVED,that such power or attorney limits the acts of those named therein to the bonds,undertakings,recognizances,or other suretyship obligations specifically named therein,and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attomey4ri-fact named;and further RESOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this S day of 1 n.re.0 .12009. ��meiun4i Attest: Berkley nal ra a Company 3�6EAL � BY By /�`C� lossQ S.Lederman Robert P.Cole h4`"�mui�mnr�c� Senior Vice President&Secretary Senior Vice President STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut,this 1 day of /Vlt�. ) ,2009,by Robert P.Cole and Ira S.Lederman who are sworn to me to be the Senior Vice President,and the Senior Vice President and Secretary, respectively,of Berkley Regional Insurance Company, E17L EEN KE L.lI EEM NO TAR Y PUBLIC WCOMMISS10%S01PFS-ME 30,201$ Notary Public,State of Connecticut CERTIFICATE I, the undersigned,Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and that the authority of the Attomey-in-Fact set forth therein,who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date. Given under my hand and seal of the Company,this 4th day of November 2010 w� e eo4g�,aar g)vAL Steven Coward NON-COLLUSION AFFIDAVIT (TO BE EXECUTED AND PROVIDED WITH BID FORM) STATE OF MONTANA ) SS COUNTY OF being first duly sworn, deposes and says that he is (sole owner,,a partner, president, secretary, etc.) of 2-0 the party making the foregoing bid, that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, nor that anyone shall refrain from bidding; that said Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of said Bidder or any other Bidder, nor to fix any overhead, profit, or cost element of such bid price, nor of that of any other Bidder, nor to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in such bid are true; and, further, that said Bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, nor the contents thereof, nor divulged information or data relative thereto, nor paid and will not pay fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, nor to any member or agent thereof, nor to any other individual except to such person or persons as have a partnership or other financial interest with said Bi der in his general business. Signed: Title: �! Subsc 'be and sworn to before me this _day day of 20 J10 SA tary Public OF ��ION�P Noncollusion Affidavit—Page 1 of 1 NAG4171060-Ughiing Upgrade\1D0CS1SPEC3IDIV 01noncollu.docx Revised 6119103 Name: Value: Name: Value: Name: Value: 15. The Bidder shall list below the name of the manufacturer and model or type of the listed items of equipment or materials. After the opening of bids, no changes or substitutions will be allowed without the express approval of the Engineer and the Owner. It is the responsibility of the Contractor to furnish materials and equipment meeting the requirements of the Specifications, and acceptance of the Bid does not constitute nor imply approval of items proposed. The Owner reserves the right to deny approval of any equipment or materials that do not comply with the Specifications, even though listed herein: SPECIFICATION NUMBER ITEM MANUFACTURER MODEL .rc Cl G m to L 2 G o .1 3 ! ��i �ai�-o,� L414f12.S " The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recital comprising this statement of Bidder's qualifications and other Information Required of Bidders. The undersigned further agrees that they will not bring suit in a court of law for any information that is furnished to Owner in good faith by said parties or persons responding to Owner's requests for information concerning Bidder's qualifications. Dated this day of /� u , 20 Name of Bidder By: � Title: 1, END OF INFORMATION REQUIRED OF BIDDERS Information Required of Bidders-3 of 3 N104171060-LighUng UpgradelDOMSPECSON Olinformal_requfr.docx Revised 6119/03 INFORMATION REQUIRED OF BIDDERS The Bidder shall furnish the following information as specified in the Instructions To Bidders. Failure to do so may render the Bid unresponsive and may result in rejection of the Bid. Additional sheets as required may be attached. 1. Contractor name and address: Uu L 2. Contractor=s telephone number: �� �-702� / 77 3. Names and titles of major officers of Contractor firm: / N G-. U)I r._. 5 CW A29 S r.�-ft-tf C-C-A /6 � 7-7 4--/P, U P =J�f-� rTvCr,i i 11�•�.t S 5 Lv r Q.,�(,r ,yt i 5 t r .4. Name of Contractor=s representative who inspected the site: aL-A-Y /_ �-A A 77�-� Date of Inspection: //z sy 024/U 5. Name, address and telephone number of surety company and agent who will provide required bonds on this contact: I 5- 1,J. AP-4�1 1A r S SCE.[LA {'Yt 7' �Cu, y�� -S3 - 57l 6. Attach a list of construction contracts completed by the Bidder during the last 10 years involving similar work and the amount of the Contract. The list shall include projects the Bidder is currently working on along with the names, addresses, and the telephone numbers of the project owner representative most familiar with the details of the project. State the approximate cost of each project along with the total amount of change orders as a percentage of the original bid price. 7. Bank reference. List the Bank name, Contact person, and telephone number: -WC,LLS E u CP, LE-u) i 06 8. Have you ever failed to complete any work awarded to you? IV6' If so, where and why?: 9. Have you ever defaulted on a contract? AJ-0 If so, where and why? Information Required of Bidders- 1 of 3 N:104 1 710 6 0•Lighting Upgrade%DOCS%SPECSOV QUnforrnal requir.docx Revised 6119/03 10. Have you ever had any project terminated by the Owner? A�O If so, where and why?: /L1 11. Are you involved in any lawsuits or are any lawsuits pending at the present time? C If yes, give the details: 12. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? � S 13. Name of the proposed resident project superintendent: a/ c 6m- skI Attach a resume of the proposed resident project superintendent including a list and description of all projects on which this individual has acted as project superintendent along with the name, address, and telephone number of each project owner representative most familiar with the details of the project and the capabilities of the proposed project superintendent. 14. The Bidder shall list below the name, business address, and contractor=s license number, if any, of each subcontractor who will be working on this project along with the nature and value of work assigned to each subcontractor. No changes or substitutions will be allowed without written approval of the Owner. Name: A v U A_)E Value: Name: Value: Name: Value: Name: Value: Name: Value: Information Required of Bidders-2 of 3 NA04171060-Lighting Upgrade1D0CS1SPECS\DIV 0\inforrnat_requir.doex Revised 6119/03 SECTION 00500 AGREEMENT FORM � D THIS AGREEMENT is dated as of the 15 - day of in the year (effective date), by and between the City of Bozeman (h einafter Iled OWNER) and Liberty Electric (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described in the Invitation to Bid and is described in detail in the Contract Documents and the technical construction drawings. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Bozeman Swim Center Natatorium Lighting Upgrade ARTICLE 3 - ENGINEER 3.01 The Project has been designed by: Morrison-Maierle, Inc. 2880 Technology Blvd. West Bozeman, Montana, 59718 who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. The CONTRACTOR agrees to complete the work within the time(s) specified herein. 4.02 Days to Achieve Substantial Completion and Final Payment Agreement Form - 00500 — Page 1 of 8 \\Bozeman-CS1\Vol1\Projects\0417\060-Lighting Upgrade\DOMSPECS\Contract Documents\00500_agree.docx Revised 6/19/03 A. The Work will be substantially complete and the CONTRACTOR will be prepared to file a Certificate of Substantial Completion within 95 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and will be complete and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 109 calendar days after the date when the Contract Time commences to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $ 500 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $ 500 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. B. Liquidated damages for unscheduled employment of the ENGINEER shall be paid by the CONTRACTOR to the OWNER as specified in the Bid Form. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of Eighty-Eight Thousand, Six Hundred and Eighty-One dollars ($ 88,681.00 ), based on the prices stipulated in the Bid Form and subject to adjustment as provided in the Contract Documents. A. As provided in paragraph 11.01 of the General Conditions, CONTRACTOR agrees that lump sum amount(s) constitute full payment for the work and that these lump sum amount(s) represent a true measure of the labor and materials required to perform the work, including all allowances for overhead, profit, taxes, bonds, insurance, and all other costs for each type and unit of work called for in these Contract Documents. B. As provided in paragraph 11.03 of the General Conditions, estimated unit price quantities used for bidding purposes are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. Agreement Form -00500— Page 2 of 8 \\Bozeman-CS1\Vol1\Projects\0417\060-Lighting Upgrade\DOCS\SPECS\Contract Documents\00500_agree.docx Revised 6/19/03 ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions or other portions of the Contract Documents. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments in accordance with Article 14 of the General Conditions on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by the ENGINEER once each month during performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2 below. All such progress payments will be measured by the schedule of values established in paragraph 2.05.A of the General Conditions or in the case of Unit Price Work based on the number of units of each bid item completed times the bid unit price in the Unit Price Schedule of the Bid Form for each bid item, or, in the event there is no schedule of values, as provided in the General Conditions: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage of work completed but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, including but not limited to liquidated damages, in accordance with paragraph 14.02 of the General Conditions: a. The OWNER shall retain 5% of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents. b. Retainage will be 5% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02 of the General Conditions). 2. Upon Substantial Completion and at the OWNER's discretion, the amount of retainage may be further reduced if requested by the CONTRACTOR. Reduction of retainage is at the sole discretion of the OWNER. OWNER is not obligated to reduce retainage. Amount of substantial completion payment will be reduced by such amounts as ENGINEER shall determine in accordance with paragraph 14.02.13.5 of the General Conditions and by 100% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment Agreement Form-00500— Page 3 of 8 \\Bozeman-CS1\vol1\Projects\0417\060-Lighting Upgrade\DOGS\SPECS\Contract Documents\00500_agree.docx Revised 6119/03 A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents (including all Addenda listed in Article 9) and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance or furnishing of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities), if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including any specific means, methods, techniques, Agreement Form -00500— Page 4 of 8 \\Bozeman-CS1\Vol1\Projects\0417\060-Lighting Upgrade\DOCS\SPECS\Contract Documents\00500_agree.docx Revised 6/19/03 sequences, and procedures of construction expressly required by the Contract Documents to be employed by the CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 8, inclusive); 2. Performance Bond (pages 1 to 2, inclusive); 3. Payment Bond (pages 1 to 2, inclusive); 4. Other Bonds (pages to , inclusive); a. Bid Bond (pages 1 to 2, inclusive); b. (pages to , inclusive); C. (pages to , inclusive); 5. General Conditions (pages 1 to 44, inclusive); Agreement Form -00500—Page 5 of 8 \\Bozeman-CS 1\Vol 1\Projects\0417\060-Lighting Upgrade\DOCS\SPECS\Contract Documents\00500_agree.docx Revised 6/19/03 6. Supplementary Conditions (pages 1 to 15, inclusive); 7. Specifications as listed in the Table of Contents of the Project Manual; 8. Drawings consisting of a cover sheet and sheets numbered G-1 through E-2, inclusive, with each sheet bearing the following general title: Swim Center Natatorium Lighting Upgrade; (Note: Drawings are not attached hereto); 9. Addenda (numbers 1 to 1 , inclusive); 10. Exhibits to this Agreement (enumerated as follows): a. Notice of Award (pages 1 to 1, inclusive); b. CONTRACTOR's Bid Form (pages 1 to 11, inclusive); C. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to inclusive); d. ; 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages 1 to 1, inclusive); b. Written Amendments; C. Work Change Directives; d. Change Orders. B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms Agreement Form -00500—Page 6 of 8 \\Bozeman-CS1\voll\Projects\0417\060-Lighting upgrade\DOGS\SPECS\Contract Documents\00500_agree.docx Revised 6/19103 A. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may come due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions A. The CONTRACTOR agrees to remedy all defects appearing in the work or developing in the materials furnished and the workmanship performed under this Agreement during the warranty period after the date of final acceptance of the work by the OWNER, and further agrees to indemnify and save the OWNER harmless from any costs encountered in remedying such defects." Agreement Form -00500— Page 7 of 8 \\Bozeman-CS 1\Volt\Projects\0417\060-Lighting Upgrade\DOCS\SPECS\Contract Documents\00500 agree.docx Revised 6/19103 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five (5) copies of this Agreement. Two (2) counterpart(s) has been delivered to OWNER, two (2) to CONTRACTOR, and one (1) to ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on the date shown on page 1 (which is the Effective Date of the Agreement). [This Agreement shall not be effective unless and until concurred in by the FUNDING AGENCY's designated representative.] OWNER: CONTRACTOR: q i L 6 It LIE C-/,0,/ By: - By " (Signature 'lure) Attest Attest ( ignat re) (Signature) Address forgiving notices: Address for giving notices: P•o. 9 6/,0 Cl 0 rn art( f 1� ,2�QJ �6 S 6u L)4- Al S996 Y Phone: IOU- �J$2"23 Phone: �� - , •hb Facsimile: Facsimile: Z7/6 .r EAL] [COF 7R A Ak y Montana Contractors' Registration No . . . . ,: . /i 9,;2 9 The foregoing Contrac , i in 011 Contract Documents which are a part thereof, is in due form according t th I is hereby approved. By: (Signature) Attorney of the li&ke (Owner) END OF SECTION 00500 Agreement Form -00500—Page 8 of 8 \\Bozeman-CS1\Vol1\Projects\0417\060-Lighting Upgrade\DOCS\SPECS\Contract Documents\00500_agree.docx Revised 6119/03 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner,or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name, and Address of Principal Place of Business): Liberty Electric, Inc. Berkley Regional Insurance Company 9660 Summit Drive 11201 Douglas Avenue Missoula, MT 59808 Urbandale, IA 50322 OWNER(Name and Address): City of Bozeman 121 N. Rouse Bozeman, MT 59715 CONTRACT Effective Date of Agreement: Amount: $88,681.00 Eighty Eight Thousand Six Hundred Eighty One Dollars and 00/100 Description(Name and Location): Swim Center Natatorium Lighting Ugrade, City of Bozeman BOND Bond Number: 0147524 Date(Not earlier than Effective Date of Agreement): Amount: $88,681.00 Eighty Eight Thousand Six Hundred Eighty One Dollars and 00/100 Modifications to this Bond Form: Surety and Contractor, intending to be legall ,�40usi „�pgeby, subject to the terms set forth below,do each cause this Performance Bond to be duly execute �y(�1�RA officer,agent, or representative. . CONTRACTOR AS PRINCIPAL �;V��p O R�� U TY ` �Liberty Electric, Inc. �; e*pAegional Insurance Company (Seal) Contractor's a and Corporate S1' '.•?yONTP�P'' S\u ty's Name'and orporate Seal .. By: A q Si � ature �, , Sign ture Attach Power of Attorney) ( SEAL Ed Heine Print Name '''�., olWp� .�``� Print Name Attorney-in-Fact Title - Title Attest: Attest: 1g t e Signature V/ - Sunny Bartenhagen, Account Manager Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of I Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default;and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 24 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor,with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined,tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond,but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs,executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts,purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor,which has neither been remedied nor waived,to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY—(Name,Address and Telephone)Payne Financial Group, Inc. Surety Agency or Broker: 145 W. Front St. , Missoula, MT 59806 (406) 728-2910 Owner's Representative(Engineer or other ar : EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 PAYMENT BOND Any singular reference to Contractor, Surety, Owner,or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name, and Address of Principal Place of Liberty Electric, Inc. Business): 9660 Summit Drive Berkley Regional Insurance Company Missoula, MT 59808 11201 Douglas Avenue OWNER(Name and Address):City of Bozeman Urbandale, IA 50322 121 N. Rouse Bozeman, MT 59715 CONTRACT Effective Date of Agreement: Amount: $88,681.00 Eighty Eight Thousand Six Hundred Eighty One Dollars and 00/100 Description (Name and Location):Swim Center Natatorium Lighting Ugrade, City of Bozeman BOND Bond Number: 0147524 Date (Not earlier than Effective Date of Agreement): Amount: $88,681.00 Eighty Eight Thousand Six Hundred Eighty One Dollars and 00/100 Modifications to this Bond Form: Yes. See Page 3 of Payment Bond. Surety and Contractor, intending to be legally�,�pMig44ereby, subject to the terms set forth below, do each cause this Payment Bond to be duly exec,, bpi l�r �(b�zed officer, agent, or representative. °i, RP 0 '!Qi CONTRACTOR AS PRINCIPAL 'v0 Y Liberty Electric, Inc. FPS ( �ALBet* €Regional Insurance Company (Seal) Contractor's me and Corporate S4ai Ix $tir&'s Name and Co orate Seal 0NTANP: By i ature 11°°"""'� Signs re (At ac Power of Attorney) i e \\�aannuin»,i�, Ed eine INS U� Print Name Q4y�°� Print Name U /{ ; SEAL = Attorney-in-Fact Title /'''�/..,,aFiAw 9.5 a������ •,uu,m�nv�• Title Attest: Attest: SignatGre Signature y� Sunny Bartenhagen, Account Manager Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. (MW001504;1) EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract,which is incorporated herein by reference. 2. With respect to Owner,this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy,the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety,that is sufficient compliance. 6. Reserved. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. {MW001504;1) EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts,purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were famished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY—(Name,Address, and Telephone)Payne Financial Group, Inc. Surety Agency or Broker: 145 W. Front St. , Missoula, MT 59806 (406) 728-2910 Owner's Representative(Engineer or other): (MW001504;1) EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 POWER OF ATTORNEY No. BERICLEY REGIONAL INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed,and does by these presents make,constitute and appoint: Ed Heine Payne Financial Group, Inc. Missoula, MT Surety Bond Number: 0147524 Principal: Liberty Electric, Inc. Obligee: City of Bozeman Amount of Bond: See Bond Form its true and lawful Attorney-in-Fact,to sign its name as surety only as delineated below and to execute,seal,acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Twenty-Five Million and 00/100 Dollars($25,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the-regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware,without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21,2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds,undertakings,recognizances,or other suretyship obligations on behalf of the Company,and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto;and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds, undertakings,recognizances,or other suretyship obligations specifically named therein,and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED,that sucli power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named;and further RESOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 3 day of 2009. �`o. •- Attest: Be ley nal ra ce Company rk Q G�p40RA}�og SEAL " ` =m ,ess Ira S.Lederman Robert P.Cole 11 lilt Senior Vice President&Secretary Senior Vice President STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut, this—L day of 2009,by Robert P.Cole and Ira S.Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance Company. EI LE gp��1N i" p�RgnL�.(,►��.pl�pl��.R s1li�'COMM 1115S*N C—,(PIPEG JUN1 90.2012 Notary Public,State of Connecticut CERTIFICATE I,the undersigned,Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revolted or rescinded and that the authority of the Attorney-in-Fact set forth therein,who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company,this day of a`�uu,unuu„ou SE ALz Steven Coward is a %111tr1 ILM.-+I ILL 1 CRI i � ACQkD,.' CERTIFICATE &UA I'L NrCE F DATE(MM2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NUUNIACT AME: Payne Financial Group, Inc. PHONE FAX AIC No Ext: A/C,No): P.O. Box 3327 E-MAIL ADDRESS: 145 West Front Street CUSTOMER ID III:Missoula, MT 59806-0638 INSURERS)AFFORDING COVERAGE NAIC# INSURED INSURERA:Cincinnati Insurance Company Liberty Electric, Inc.,Marvin Wilson, Individually INSURER B: 9660 Summit Drive INSURERC: Missoula,MT 59808 INSURERD: INSURER E: INSURER F- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE DRL UDR POLICY NUMBER MMIDD EfYFYYY MMIDD EIYXYYY LIMITS A GENERAL LIABILITY X CPP0882946 5/15/2010 05/15/2011 EACHOCCURRENCE $1 000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO N PREMISES Ea occurrence s500,000 CLAIMS-MADE l OCCUR MED EXP(Any one person) $10,000 X PD Ded:$500 PERSONAL BADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X JECT PRO- ] LOC $ A AUTOMOBILE LIABILITY X X CPP0882946 5/15/2010 05/15/2011 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) _ $1,000,000 ALL OWNED AUTOS BODILY INJURY(Per person) $ BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS $ $ A X UMBRELLA LIAR X OCCUR X X CPP0882946 5/15/2010 05/15/2011 EACH OCCURRENCE s4,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE s4,000,000 DEDUCTIBLE X RETENTION $ 0 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN d1I ANY PROPRIETORIPARTNERIEXECUTIVE� NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Re: Swim Center Natatorium Lighting Upgrade, City of Bozeman Additional Insured, Completed Operations, Primary basis, per Cincinnati Endorsement GA233 (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Bozeman ACCORDANCE WITH THE POLICY PROVISIONS. c/o Morrison Maierle, Inc. 2880 Technology Blvd.West AUTHORIZED REPRESENTATIVE Bozeman, MT 59718 8-2 9 ACORD CORPORATION.All rights reserved. ACORD 25(2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD #S5812151M580280 R1 M DESCRIPTIONS (Continued from Page 1) Direct Notice of Cancellation per Cincinnati Endorsement A14087 AMS 25.3(2009/09) 2 of 2 #S581215/M580280 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Beains on Page: 1. Employee Benefit Liability Coverage ... ...........................................................................................2 2. Unintentional Failure to Disclose Hazards..........................................................................................7 3. Damage to Premises Rented to You......................................................................................... .. .. 8 4. Supplementary Payments ................................................................................................................... 9 5. Medical Payments. ............. .... . ............ ...... ...... ....... . ................................... 9 6. Voluntary Property Damage (Coverage a.)and Care, Custody or Control Liability Coverage (Coverage b,)..... ... .... .. ....... ..................................... . 9 .. .. ... .... ..... .......... . .................. 7. 180 Day Coverage for Newly Formed or Acquired Organizations..................................................10 8. Waiver of Subrogation ............ ..... ........ .............................................. .... .10 .... ..... . . ...... ..... ............. ..... 9. Automatic Additional Insured - Specified Relationships: ................................................................ 10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions -Permits Relating to Premises; • State or Political Subdivisions- Permits;and • Contractors'Operations 10. Broadened Contractual Liability-Work Within 50'of Railroad Property......................................... 14 11. Property Damage to Borrowed Equipment. ........ ... ...................................................................14 12. Employees as Insureds -Specified Health Care Services: ............................................................ 14 • Nurses; • Emergency Medical Technicians; and • Paramedics 13, Broadened Notice of Occurrence...................................................................................................... 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations;or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a.)and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b.$5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units e Other b. Care, Custody $ or Control TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- plicable limit of insur- 1. Employee Benefit Liability Coverage ance in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay- obligated to pay as dam- ments. ages caused by any act, er- (b) This insurance applies to ror or omission of the in- damages only if the act, er- sured, or of any other per- ror or omission, is negli- son for whose acts the in- gently committed in the sured is legally liable, to "administration" of your which this insurance ap- "employee benefit pro- plies. We will have the right and duty to defend the in- sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period; or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or "suit" on claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or "suit" when any 2) Our right and duty to "authorized repre- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc„with its permission. Page 2 of 15 i) Reports all, or formance of investment any part, of the vehicles; or act, error or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision to participate or not to ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because ' of the act, er- (fl Workers Compensation ror or omis- and Similar Laws sion; and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers' compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- rity or disability benefits law This insurance does not apply to: or any similar law. (a) Bodily Injury, Property (g) ERISA Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of "Bodily injury", "property liability imposed on a fiduci- damage or personal and tire entthIn Income Security Re- advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason- including the willful or reck- able effort and cooperation less violation of any statute. of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes fines or tract by any insurer. penalties, including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to Employment-Related meet any obligations under �) any plan included in the Practices 'employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any claim based upon: (3) Coercion, demotion, 1) Failure of any invest- evaluation, reassign- ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 3 of 15 ment-related practices, (e) A trust, you are an insured. acts or omissions; or Your trustees are also in- sureds, but only with re- (4) Consequential liability spect to their duties as as a result of(1), (2) or trustees. (3) above. (2) Each of the following is also an This exclusion applies insured: whether the insured may be held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must b An ersons' aniz or ations pay damages because of ( ) y or 'employees" havin the injury. proper temporary authori (3) Supplementary Payments zation to administer your "employee benefit program" SECTION I - COVERAGES, if you die, but only until your SUPPLEMENTARY PAY- legal representative is ap- MENTS - COVERAGES A AND pointed. B also apply to this Coverage. b. Who is an Insured (c) Your legal representative if you die, but only with re- As respects Employee Benefit Liabil- spect to duties as such. ity Coverage, SECTION II - WHO IS That representative will AN INSURED is deleted in its en- have all your rights and du- tirety and replaced by the following: ties under this Coverage Part. (1) If you are designated in the (3) Any organization you newly ac- Declarations as: quire or form, other than a part- (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority interest, will qualify which you are the sole as a Named Insured if no other owner. similar insurance applies to that organization. However, cover- (b) A partnership or joint ven- age under this provision: ture, you are an insured. Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of the policy period, your business, whichever is earlier;and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac- but only with respect to the quired or formed the or- conduct of your business, ganization. Your managers are in- sureds, but only with re- c. Limits of Insurance spect to their duties as your As respects Employee Benefit Liabil- managers. ity Coverage, SECTION III - LIMITS (d) An organization other than OF INSURANCE is deleted in its en- a partnership, joint venture tirety and replaced by the following: or limited liability company, (1) The Limits of Insurance shown you are an insured. Your in Section B. Limits of Insur- "executive officers" and di- ance, 1. Employee Benefit Li- rectors are insureds, but ability Coverage and the rules only with respect to their below fix the most we will pay duties as your officers or di- regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations (c) Persons or organizations applies to all damagessustained by any one "em- making claims or bringing ployee", including such "suits"; "employee's" dependents (d) Acts, errors or omissions; or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability 1 i Coverage of this endorsement ) defend Our right the insured and duty u to red is the most we will pay for all against an "suits" damages because of acts, er- again those dam- committed or omissions negligently g committed in the "administra- ages; and tion" of your "employee benefit 2) Your duties, and the program". duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission, or claim, of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "suit" and, upon (a) An act, error or omission;or notification of the actiontaken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions acts, errors or omissions, As respects Employee Benefit Li- negligently committed in the ability Coverage, SECTION IV - "administration" of your "em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan included in the "em- ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission, or C[aim or Suit a. You must see to it that we are noti- (a) Our obligation to pay dam- fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no- amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits 2 The names and addresses of of insurance shall not be ( ) reduced by the amount of anyone who may suffer dam- this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought b. Method of Sharing against any insured, you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received; and we will follow this (2) Notify us as soon as practicable, method also. Underthis approach each in- You must see to it that we receive surer contributes equal written notice of the claim or"suit" as amounts until it has soon as practicable, paid its applicable limit of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or"suit"; contribute by limits. Under this method, (2) Authorize us to obtain records each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- surance to the total ap- gation or settlement of the claim surable limits of insur- and or defense against the suit'; plicance of all insurers. (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply. ance in force previous d. No insured will, except at that in- to the effective date of sured's own cost, voluntarily make a this Coverage Part. payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: (1) The following definitions are 5. Other Insurance added: If other valid and collectible 1. "Administration"means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri- benefit programs'; mary except when c. b. Interpreting the "em- below applies. If this ployee benefit pro- insurance is primary, grams'; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we "employee benefit pro- will share with all that grams"; or other insurance by the method described in b. d. Effecting, continuing or terminating any "em- below. ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 6 of 15 in any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- grams; leave of ab- ductions;Handling payroll de- sence programs, in- cluding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transpor- coverage of insurance, tation and health club including but not limited subsidies. to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re- benefits, workers' com- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro- 2. "Cafeteria plans" means ceeding in which money plan authorized by applica- damages because of anble act, error or omission to ees law to allow employ- which this insurance applies tain benefits with pre--taxtax to elect to pay for are alleged. "Suit"includes: dollars. a. An arbitration pro- 3. "Employee benefit pro- ceeding in which such grams" means a program damages are claimed providing some or all of the and to which the in- sured must submit or following benefits to 'em- does submit with our ployees", whether provided consent; through a cafeteria plan or otherwise: b. Any other alternative a. Group life insurance; dispute resolution pro- group accident or ceeding in which such damages are claimed health insurance; den- and to which the in- sured vision and hearing sured submits with our plans; and flexible spending accounts; consent; or provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per- such benefits are made son actively employed, for- generally available to merly employed, on leave those "employees"who of absence or disabled, or satisfy the plan's eligi- retired. "Employee" in- bility requirements; cludes a "leased worker". "Employee" does not in- b. Profit sharing plans, clude a "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV- COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7. Represen- provided that no one tations is hereby amended by the addi- other than an em- tion of the following: ployee" may subscribe to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, shrinking or ex- a. The last Subparagraph of Paragraph pansion; or 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI. tion, or discharge - ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or Exclusions c,through q. do not apply secretions, by in- sects, birds, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner, rectly by any of the follow- b. The insurance provided under SEC- ing: TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move- to "property damage" arising out of ment; water damage to premises that are both rented to and occupied by you. 2) Water that backs u overflows from p or a (1) As respects Water Damage Le- sewer, drain or sump; gal Liability, as provided in Paragraph 3.1b 3. above: ) Water under the ground surface press- The exclusions under SECTION ing on, or flowing or I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, walls floors or ITY, 2. Exclusions, other than i. War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not; or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract; or from water that leaks or flows from plumbing, heat- 2) Loss caused by or re- ing, air conditioning, or fire sulting from any of the protection systems caused following: by or resulting from freez- a) Wear and tear; ing, unless: 1) You did your best to b) Rust, corrosion, maintain heat in the fungus, decay, building or structure;or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main- age or destroy it- tained. self; (d) Loss to or damage to: c) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro- breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances; or centrifugal force; 2) The interior of any force; building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 8 of 15 caused by or resulting 5. Medical Payments from rain, snow, sleet The Medical Expense y or ice, whether driven p nse Limit of An One by wind or not. Person as stated in the Declarations is amended to the limit shown in Section B. c. Limit of Insurance Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement. You Limit as shown in the Declara- 6. Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Cov- LIMITS OF INSURANCE is erage hereby deleted and replaced by the following: We will pay for "property damage" to property of others arising out of op- 6. Subject to 5. above, the erations incidental to the insured's Damage to Premises business when: Rented to You Limit is the most we will pay under (1) Damage is caused by the in- COVERAGE A. BODILY sured; or INJURY AND PROPERTY (2) Damage occurs while in the in- DAMAGE LIABILITY, for sured's possession. damages because of "property damage" to With your consent, we will make premises while rented to these payments regardless of fault. you or temporarily occupied by you with permission of b. Care, Custody or Control Liability the owner, arising out of Coverage any one "occurrence" to SECTION 1 - COVERAGES, COV- which this insurance ap- plies. ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. (3) The amount we will pay is lim- Exclusions,j. Damage to Property, ited as described in Section B. Subparagraphs (3), (4) and (5) do Limits of Insurance, 3. Dam- not apply to "property damage" to age to Premises Rented to the property of others described You of this endorsement. therein. 4. Supplementary Payments With respect to the insurance provided by this section of the endorsement, the fol- Under SECTION I - COVERAGE, SUP- lowing additional provisions apply: PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. The Limits of Insurance shown in the Declarations are replaced by the lim- a. Paragraph 2, is replaced by the fol- its designated in Section B. Limits of lowing: Insurance, 6. Voluntary Property Up to the limit shown in Section B. Damage and Care, Custody or Limits of Insurance, 4.a. Bail Bonds Control Liability Coverage of this of this endorsement for cost of bail endorsement with respect to cover- bonds required because of accidents age provided by this endorsement. or traffic law violations arising out of These limits are inclusive of and not the use of any vehicle to which the in addition to the limits being re- Bodily Injury Liability Coverage ap- placed. The Limits of Insurance plies. We do not have to furnish shown in Section B. Limits of Insur- these bonds. ance, 6. Voluntary Property Dam- age and Care, Custody or Control b. Paragraph 4, is replaced by the fol- Liability Coverage of this endorse- lowing: ment fix the most we will pay in any one "occurrence" regardless of the All reasonable expenses incurred by number of: the insured at our request to assist us in the investigation or defense of (1) Insureds; the claim or "suit", including actual (2) Claims made or "suits" brought; loss of earnings up to the limit shown or in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- (3) Persons or organizations mak- dorsement per day because of time ing claims or bringing"suits". off from work. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 9 of 15 b. Deductible Clause 9. Automatic Additional Insured - Speci- (1) Our obligation to pay damages fied Relationships on your behalf applies only to a. The following is hereby added to the amount of damages for each SECTION Il-WHO IS AN INSURED: "occurrence" which are in ex- cess of the deductible amount (1) Any person or organization de- stated in Section B. Limits of scribed in Paragraph 9.a.(2) Insurance, 6. Voluntary Prop- below (hereinafter referred to as erty Damage and Care, Cus- additional insured) whom you tody or Control Liability Cov- are required to add as an addi- erage of this endorsement. The tional insured under this Cover- limits of insurance will not be re- age Part by reason of: duced by the application of such (a) A written contract or deductible amount. agreement; or (2) Condition 2. Duties in the Event (b) An oral agreement or con- of Occurrence, Offense, Claim tract where a certificate of or Suit, applies to each claim or insurance showing that per- suit irrespective of the amount. son or organization as an (3) We may pay any part or all of additional insured has been the deductible amount to effect issued, settlement of any claim or "suit" is an insured, provided: and, upon notification of the ac- tion taken, you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is: deductible amount as has been paid by us. 1) Currently in effect or becomes effective 7. 180 Day Coverage for Newly Formed or during the policy pe- Acquired Organizations riod; and SECTION II - WHO IS AN INSURED is 2) Executed prior to an amended as follows: "occurrence" or offense Subparagraph a, of Paragraph 4. is to which this insurance would apply; and hereby deleted and replaced by the fol- lowing: (b) They are not specifically a. Insurance under this provision is af- named as an additional in- forded only until the 180th day after vision of, endorsement you acquire or form the organization added to, this Coverage or the end of the policy period, whichever is earlier; Part. 8. Waiver of Subrogation (2) Only the following persons or organizations are additional in- SECTION IV- COMMERCIAL GENERAL sureds under this endorsement, LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro- Rights of Recovery Against Others to vided to such additional in- Us is hereby amended by the addition of sureds is limited as provided the following: herein: We waive any right of recovery we may (a) The manager or lessor of a have because of payments we make for premises leased to you with injury or damage arising out of your on- whom you have agreed per going operations or"your work" done un- Paragraph 9.a.(1) above to der a written contract requiring such provide insurance, but only waiver with that person or organization with respect to liability aris- and included in the "products-completed ing out of the ownership, operations hazard". However, our rights maintenance or use of that may only be waived prior to the 'occur- part of a premises leased to rence" giving rise to the injury or damage you, subject to the following for which we make payment under this additional exclusions: Coverage Part. The insured must do This insurance does not nothing after a loss to impair our rights. At our request, the insured will bring "suit" apply to: or transfer those rights to us and help us 1) Any "occurrence" enforce those rights, which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises. chemical change 2) Structural alterations, in the product made intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un- half of such additional less unpacked insured. solely for the pur- pose of inspection, (b) Any person or organization demonstration, from which you lease equipment with whom you testing, or the have agreed per Paragraph substitution of 9.a.(1) above to provide in- parts under in- surance. Such person(s) or manufacturer, and organization(s) are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust- However, this insurance ments, tests or does not apply to any "oc- servicing as the currence which takes place vendor has after the equipment lease agreed to make or expires. normally under- takes to make in (c) Any person or organization e usual course (referred to below as ven- the business, in dor) with whom you have of connection with distribution agreed per Paragraph the d 9.a.(1) above to provide in- sale is the prod- surance, but only with re- spect to "bodily injury" or ucts; "property damage" arising f) Demonstration, in- out of"your products" which stallation, servic- are distributed or sold in the ing or repair op- regular course of the ven- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises 1) The insurance afforded in connection withthe sale of the the vendor does not product; apply to: "mope g) Products which, a) injury or" after distribution or property damage sale by you, have for which the ven- been labeled or dor is obligated to pay damages by re a relabeled or used container, reason of the as- part or ingredient sumption of liabil- of any other thing ity in a contract or substance by or agreement. This exclusion does not for the vendor. apply to liability for 2) This insurance does damages that the not apply to any in- vendor would sured person or or- have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Pagel 1 of 15 companying or 2) This insurance does containing such not apply to "bodily in- products; or jury", "property dam- age" or "personal and b) When liability in- advertising injury" aris- cluded within the ing out of operations "products- performed for the state completed opera- or political subdivision. tions hazard" has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to li- ability arising out of "your (d) Any state or political subdi- work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex- issued a permit in connec- piration date of this Cover- tion with premises you own, age Part. If there is no rent or control and to which written contract or agree- this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, (3) Any insurance provided to an manholes, marquees, hoist away openings, additional insured designated sidewalk vaults, street under Paragraph 9,a.(2): banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures; or injury" or"property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucts-completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), (e) and (f) does not apply to elevators covered by or use any "bodily injury", "property elevat this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per- you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has issued a permit. 1) Defects in design fur- nished by or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 12 of 15 of the additional in- spects any other insurance sured; or policy issued to the addi. tional insured, and such 2) The rendering of, or other insurance policy shall failure to render, any be excess and / or noncon- tributing,archite tributing, whichever applies, tural, engineering or surveying services, in- with this insurance. cluding: (b) Any insurance provided by this endorsement shall be a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or approve maps, insured except: shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities. tional insured as an 3) "Your work" for which a additional insured by consolidated (wrap-up) attachment of an en- dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorse- in which you are in- ment shall also be ex- volved, cess. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or The limits applicable to the additional Agreement insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para- the Declarations of this Coverage graph 9.a.(2)(f) above only: Part, whichever are less. If no limits are specified in the written contract If a written contract or or agreement, or if there is no written agreement between you contract or agreement, the limits ap- and the additional insured plicable to the additional insured are specifies that coverage for those specified in the Declarations of the additional insured: this Coverage Part. The limits of in- a. Be provided by the In- surance are inclusive of and not in surance Services Of- addition to the limits of insurance fice additional insured shown in the Declarations. form number CG 20 10 c. SECTION IV - COMMERCIAL GEN. or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified); or hereby amended as follows: b. Include coverage for (1) Condition 5. Other Insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for contract or agreement, this "your work"; insurance is primary and / and where the limits or cov- or noncontributory as re- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 13 of 15 tional insured is more re- 11. of this endorsement fix the strictive than was specifi- most we will pay in any one "oc- cally required in that written currence" regardless of the contract or agreement, the number of: terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. (a) Insureds; above, or any combination (b) Claims made or "suits" thereof, shall be interpreted brought; or as providing the limits or coverage required by the (c) Persons or organizations terms of the written contract making claims or bring or agreement, but only to "suits", the extent that such limits or coverage is included within (2) Deductible Clause the terms of the Coverage (a) Our obligation to pay dam- Part to which this endorse- ages on your behalf applies ment is attached. If, how- only to the amount of dam- ever, the written contract or ages for each "occurrence" agreement specifies the In- which are in excess of the surance Services Office Deductible amount stated in additional insured form Section B. Limits of Insur- number CG 20 10 but does ance, 11. of this endorse- not specify which edition, or ment. The limits of insur- specifies an edition that ance will not be reduced by does not exist, Paragraphs the application of such De- 9.a.(3)(a) and 9.a.(3)(b) of ductible amount. this endorsement shall not apply and Paragraph 9.b. of (b) Condition 2. Duties in the this endorsement shall ap- Event of Occurrence, Of- ply. fense, Claim or Suit, ap- 10. Broadened Contractual Liability- Work plies to each claim or "suit" Within 50' of Railroad Property irrespective of the amount. It is hereby agreed that Paragraph f.(1) of (c) We may pay any part or all Definition 12. "Insured contract" (SEC- of the deductible amount to TION V- DEFINITIONS)is deleted. effect settlement of any claim or "suit" and, upon 11. Property Damage to Borrowed Equip- notification of the action ment taken, you shall promptly reimburse us for such part a. The following is hereby added to Ex- of the deductible amount as clusion j. Damage to Property of has been paid by us. Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE 12. Employees as Insureds - Specified A. BODILY INJURY AND PROP- Health Care Services ERTY DAMAGE LIABILITY: It is hereby agreed that Paragraph Paragraphs (3) and (4) of this exclu- 2.a.(1)(d) of SECTION Il - WHO IS AN sion do not apply to tools or equip- INSURED, does not apply to your "em- ment loaned to you, provided they ployees" who provide professional health are not being used to perform opera- care services on your behalf as duly li- tions at the time of loss. censed: b. With respect to the insurance pro- a. Nurses; vided by this section of the en- b. Emergency Medical Technicians;or dorsement, the following additional provisions apply: c. Paramedics, (1) The Limits of insurance shown in the jurisdiction where an "occurrence" in the Declarations are replaced or offense to which this insurance applies by the limits designated in Sec- takes place. tion B. Limits of Insurance, 11. of this endorsement with respect 13. Broadened Notice of Occurrence to coverage provided by this endorsement. These limits are Paragraph a. of Condition 2. Duties in inclusive of and not in addition to the Event of Occurrence, Offense, the limits being replaced. The Claim or Suit (SECTION IV- COMMER- Limits of Insurance shown in CIAL GENERAL LIABILITY CONDI- Section B. Limits of Insurance, Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced (2) The names and addresses of by the following: any injured persons and wit- a. You must see to it that we are noti- nesses; and fied as soon as practicable of an (3) The nature and location of any "occurrence" or an offense which injury or damage arising out of may result in a claim. To the extent the'occurrence" or offense. possible, notice should include: This requirement applies only when (1) How, when and where the "oc- the"occurrence" or offense is known currence" or offense took place; to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc„ with its permission, Page 15 of 15 i i i i i i i i i i i i i i i i i i i LdO Gr%r r C ACORD,. CERTIFICATE OF LIABILITY INSURANCE D12/22/2010 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)mt be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsementus. k statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Payne Financial Group, Inc. PHONE PAA P.O.Box 3327 No Exi):- A/C,No); 145 West Front Street oR7 — _ Missoula, MT 59806-0638 CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA:Montana State Fund Liberty Electric, Inc. — 9660 Summit Drive INSURER 8: Missoula, MT 59808 INSURER C: INSURER D: INSURERE: _ INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I DD SUB R I TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP MM1D0/YY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE D OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY(Per person) $ BODILY INJURY(Per accident) s SCHEDULED AUTOS PROPERTY DAMAGE MIRED AUTOS (Per accident) $ NON-OWNED AUTOS $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DEDUCTIBLE RETENTION $ A WORKERS COMPENSATION 032484164 4/01/2010 04/011201, X WCSTATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEY!N OFFICER/MEMBER EXCLUDED? r 7N N/A E.L.EACH ACCIDENT $500,000 (Mandatory In NH) E.L.DISEASE-EA EmpLoYEEI s500 OOO If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$500,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(Attach ACORD 101,Addltlonal Remarks Schedule,If more space Is required) Re: Swim Center Natatorium Lighting Upgrade, City of Bozeman CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Bozeman ACCORDANCE WITH THE POLICY PROVISIONS. c/o Morrison Maierle, Inc. 2880 Technology Blvd.West AUTHORIZED REPRESENTATIVE Bozeman, MT 59718 d%6_82609 ACORD CORPORATION.All rights reserved. ACORD 25(2009/09) 1 of 1 The ACORD name and logo are registered marks of ACORD #S58121 1/M577457 RIM LtULf\1 f c ACORD-- EVIDENCE OF PROPERTY INSURANCE DATE(MMIDOJYY) 12/22/2010 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 406 728-2910 COMPANY A!C No Ext Payne Financial Group, Inc. Cincinnati Insurance Company P.O. Box 3327 P.O. Box 145496 145 West Front Street Cincinnati, OH 45250-5496 Missoula, MT 59806.0638 CODE: SUB CODE: AGENCY CUSTOMER ID#: 41192 INSURED LOAN NUMBER POLICY NUMBER Liberty Electric, Inc., City of CAP5216457 Bozeman, Sucontractors-all Tiers EFFECTIVE DATE EXPIRATION DATE 9660 Summit Drive 12/21/10 12/21/11 TERM INATED IIF CHECKED CONTINUED UNTIL MISSOUIa, MT 59808 THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION Location#1 1211 W. Main Bozeman, MT 59715 COVERAGE INFORMATION COVERAGEIPERILSIFORMS _ AMOUNT OF INSURANCE DEDUCTIBLE Builders Risk-Swim Center Natatorium Lighting Upgrade $88,681 $1,000 Earthquake $88,681 $5,000 REMARKS(Including Special Conditions) ******Description of Operations****** Re; Swim Center Natatorium Lighting Upgrade, City of Bozeman. Special Form; Temporary Location Limit: $25,000; Transit Limit:$25,000; Demolition Limit: $50,000; Soft Costs Limit: $50,000; Equipment Breakdown; Waiver of Subrogation; Occupancy/Partial Utilization Endorsement; Direct Notice of Cancellation Endorsement 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 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 Hxx ADDITIONAL INSURED Morrison Maierle, Inc. LOSS PAYEE Architects, Eng 2880 Technology Blvd.West LOAN# Bozeman, MT 59718 AUTHORIZED REPRESENTATIVE ACORD 27(3/93) 1 of 1 S 88299 R1 M ©ACORD CORPORATION 199 VIUL.\I IL !CORD,. CERTIFICATE OF LIABILITY INSURANCE F DATE12/22/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Payne Financial Group, Inc. PHONE F A/C No Ext: A/C,No): P.O. Box 3327 E-MAIL ADDRESS: 145 West Front Street Missoula, MT 59806-0638 CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:Cincinnati Insurance Company City of Bozeman c/o,Morrison Maierle, Inc. INSURER B: 2880 Technology Blvd.West INSURER C: Bozeman MT 59718Re INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSXP LTRR TYPE OF INSURANCE �N R UBDR POLICY NUMBER (MM/DD/YYPOLICY EFF MMIDD POLYEIYYYY LIMITS A GENERAL LIABILITY CAP5216456 12/21/2010 12/21/2011 EACH OCCURRENCE $1 000000 COMMERCIAL GENERAL LIABILITY DAMAGE REN ED I PREMISES Ea occurrence $ CLAIMS-MADE 7 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ X OCP GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ POLICY 7 PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO $ (Ea accident) ALL OWNED AUTOS BODILY INJURY(Per person) $ BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON-OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION I OTH- j AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Re: Swim Center Natatorium Lighting Upgrade, City of Bozeman CONTRACTOR: Liberty Electric, Inc. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Bozeman ACCORDANCE WITH THE POLICY PROVISIONS. c/o Morrison Maierle, Inc. 2880 Technology Blvd.West AUTHORIZED REPRES/ TATIVE Bozeman, MT 59718 � y ©1988=2009 ACORD CORPORATION.All rights reserved. ACORD 25(2009109) 1 of 2 The ACORD name and logo are registered marks of ACORD #S581217/M581216 RIM DESCRIPTIONS (Continued from Page 1) Additional Insured Endorsement CG2031 Direct Notice of Cancellation per Cincinnati Endorsement A14087 AMS 25.3(2009/09) 2 of 2 #S581217/M581216 NOTE: THIS DOCUMENT HAS BEEN AMENDED FOR THIS PROJECT AND CONTROLLING LAW. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By A C E C _ National Society of AS—C—Eof American Society Professional Engineers\HI I%I1(of 1,11 Uf t.]61" I",(nwr'. Professional Engineers in Private Practice Civil Engineers PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by . r tt �� C r�^ 4 The Associated General Contractors of America nd Suss g e for Creatr and Sustarmng the BUJ EM(mmenl Construction Specifications Institute Standard General Conditions of the Construction Contract—00700—Page 1 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 211712005 NOTE: Deletions from the Standard EJCDC General Conditions are shown by strikeout. Additions to the Standard EJCDC General Conditions are Underlined. Adaptation of Standard General Conditions prepared by Morrison-Maierle, Inc. Initial Issue: 6/30/03 Copyright,02002 National Society of Professional Engineers 1420 king Street,Alexandria,VA 22314 American Council of Engineering Companies 1015 15th Street,N.W.,Washington,DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive,Reston,VA 20191-4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions(No.C-800)(2002 Edition). MMI No. C-700 (2003 Edition) 6/30/03 Standard General Conditions of the Construction Contract—00700—Page 2 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 TABLE OF CONTENTS Page ARTICLE 1 -DEFINITIONS AND TERMINOLOGY..............................................................................................................6 1.01 Defined Terms..............................................................................................................................................................6 1.02 Terminology.................................................................................................................................................................8 ARTICLE 2-PRELIMINARY MATTERS...............................................................................................................................9 2.01 Delivery of Bonds and Evidence of Insurance.............................................................................................................9 2.02 Copies of Documents...................................................................................................................................................9 2.03 Commencement of Contract Times;Notice to Proceed...............................................................................................9 2.04 Starting the Work.........................................................................................................................................................9 2.05 Before Starting Construction.......................................................................................................................................9 2.06 Preconstruction Conference......................................................................................................................................10 2.07 Initial Acceptance of Schedules.................................................................................................................................10 ARTICLE 3-CONTRACT DOCUMENTS:INTENT,AMENDING,REUSE......................................................................10 3.01 Intent..........................................................................................................................................................................10 3.02 Reference Standards..................................................................................................................................................10 3.03 Reporting and Resolving Discrepancies....................................................................................................................11 3.04 Amending and Supplementing Contract Documents..................................................................................................11 3.05 Reuse of Documents...................................................................................................................................................I I 3.06 Electronic Data..........................................................................................................................................................I 1 ARTICLE 4-AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS;HAZARDOUS ENVIRONMENTAL CONDITIONS,REFERENCE POINTS................................................................................................12 4.01 Availahility of Lands..................................................................................................................................................12 4.02 Subsurface and Physical Conditions..........................................................................................................................12 4.03 Differing Subsurface or Physical Conditions............................................................................................................12 4.04 Underground Facilities..............................................................................................................................................13 4.05 Reference Points........................................................................................................................................................14 4.06 Hazardous Environmental Condition at Site.............................................................................................................14 ARTICLE 5-BONDS AND INSURANCE.............................................................................................................................15 5.01 Performance, Payment, and Other Bonds..................................................................................................................15 5.02 Licensed Sureties and Insurers..................................................................................................................................15 5.03 Certificates of Insurance............................................................................................................................................15 5.04 Contractor's Liabilitv Insurance...............................................................................................................................16 5.05 Owner's Liabilin,Insurance......................................................................................................................................17 5.06 Property Insurance-Purchased by Contractor........................................................................................................17 5.07 ff aiver of Rights.........................................................................................................................................................18 5.08 Receipt and Application of Insurance Proceeds........................................................................................................18 5.09 Acceptance of Bonds and Insurance; Option to Replace...........................................................................................19 5.10 Partial Utilisation,Acknowledgment of Property Insurer.........................................................................................19 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES..........................................................................................................19 6.01 Supervision and Superintendence..............................................................................................................................19 6.02 Labor, Larking Hours...............................................................................................................................................19 6.03 Services, ,Materials, and Equipment..........................................................................................................................19 6.04 Progress Schedule......................................................................................................................................................20 6.05 Substitutes and "Or-Equals.......................................................................................................................................20 6.06 Concerning Subcontractors, Suppliers, and Others...................................................................................................21 6.07 Patent Fees and Rovaltier..........................................................................................................................................22 6.08 Permits.......................................................................................................................................................................22 6.09 Lenvs and Regulations................................................................................................................................................22 6.10 Taxes..........................................................................................................................................................................23 6.11 Use of Site and Other Areas.......................................................................................................................................23 6.12 Record Documents.....................................................................................................................................................23 6.13 Safety,and Protection.................................................................................................................................................23 6.14 Safety Representative.................................................................................................................................................24 6.15 Hazard Communication Programs............................................................................................................................24 6.16 Emergencies...............................................................................................................................................................25 6.17 Shop Drawings and Samples.....................................................................................................................................25 Standard General Conditions of the Construction Contract-00700-Page 3 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/1 712 0 0 5 6.18 Continuing the Work..................................................................................................................................................26 6.19 Contractor's General Warranty and Guarantee........................................................................................................26 6.20 Indemnification..........................................................................................................................................................26 6.21 Delegation of Professional Design Services..............................................................................................................1-7 ARTICLE7-OTHER WORK AT THE SITE.........................................................................................................................27 7.01 Related Work at Site..................................................................................................................................................27 7.02 Coordination..............................................................................................................................................................28 7.03 Legal Relationships....................................................................................................................................................28 ARTICLE8-OWNER'S RESPONSIBILITIES......................................................................................................................28 8.01 Communications to Contractor..................................................................................................................................28 8.02 Replacement of Engineer...........................................................................................................................................28 8.03 Furnish Data..............................................................................................................................................................28 8.04 Pav When Due...........................................................................................................................................................28 8.05 Lands and Easements;Reports and Tests..................................................................................................................28 8.06 Insurance...................................................................................................................................................................28 8.07 Change Orders...........................................................................................................................................................28 8.08 Inspections, Tests, and Approvals..............................................................................................................................28 8.09 Limitations on Owner's Responsibilities...................................................................................................................28 8.10 Undisclosed Hazardous Environmental Condition....................................................................................................28 8.11 Evidence of Financial Arrangements.........................................................................................................................29 ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION.....................................................................................29 9.01 Owner's Representative.............................................................................................................................................29 9.02 Visits to Site...............................................................................................................................................................29 9.03 Project Representative...............................................................................................................................................29 9.04 Authorised I'ariations in Work..................................................................................................................................29 9.05 Rejecting Defective Work...........................................................................................................................................29 9.06 Shop Drmvings, Change Orders and Payments.........................................................................................................29 9.07 Determinations for Unit Price Work..........................................................................................................................30 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work.......................................................30 9.09 Limitations on Engineer's Authori4,and Responsibilities.........................................................................................30 ARTICLE 10-CHANGES IN THE WORK;CLAIMS...........................................................................................................30 10.01 Authorised Changes in the Work...........................................................................................................................30 10.02 Unauthorised Changes in the Work.......................................................................................................................31 10.03 Execution of Change Orders..................................................................................................................................31 10.04 Notification to Sureh'.............................................................................................................................................31 10.05 Claims....................................................................................................................................................................31 ARTICLE 11 -COST OF THE WORK;ALLOWANCES;UNIT PRICE WORK..................................................................32 11.01 Cost of the Work....................................................................................................................................................32 11.02 Allowances.............................................................................................................................................................33 11.03 Unit Price Work.....................................................................................................................................................33 ARTICLE 12-CHANGE OF CONTRACT PRICE;CHANGE OF CONTRACT TIMES.....................................................34 12.01 Change of Contract Price......................................................................................................................................34 12.02 Change of Contract Times.....................................................................................................................................35 12.03 Delays....................................................................................................................................................................35 ARTICLE 13-TESTS AND INSPECTIONS;CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......................................................................................................................................................................................35 13.01 .Notice of Defects....................................................................................................................................................35 13.02 .-Access to Work.......................................................................................................................................................35 13.03 Tests and Inspections.............................................................................................................................................35 13.04 Uncovering Work...................................................................................................................................................36 13.05 Owner Rlav Stop the Work.....................................................................................................................................36 13.06 Correction or Removal of Defective Work.............................................................................................................36 13.07 Correction Period..................................................................................................................................................36 13.08 Acceptance of Defective Work...............................................................................................................................37 13.09 (Avner,'May Correct Defective Work......................................................................................................................37 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION..............................................................................38 14.01 Schedule of Values.................................................................................................................................................38 14.02 Progress Payments.................................................................................................................................................38 14.03 Contractor's Warranty of Title..............................................................................................................................40 14.04 Substantial Completion..........................................................................................................................................40 14.05 Partial UtilLation..................................................................................................................................................40 Standard General Conditions of the Construction Contract-00700-Page 4 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 14.06 Final Inspection.....................................................................................................................................................41 14.07 Final Payment........................................................................................................................................................41 14.08 Final Completion Delayed.....................................................................................................................................42 14.09 Waiver of Claims...................................................................................................................................................42 ARTICLE 15-SUSPENSION OF WORK AND TERMINATION.........................................................................................42 15.01 Owner Alav Suspend Work.....................................................................................................................................42 15.02 Owner Xfav Terminate for Cause...........................................................................................................................42 15.03 Owner May Terminate For Convenience...............................................................................................................43 15.04 Contractor-May,Stop Work or Terminate..............................................................................................................43 ARTICLE16-DISPUTE RESOLUTION................................................................................................................................44 16.01 Alethods and Procedures.......................................................................................................................................44 ARTICLE17-MISCELLANEOUS.........................................................................................................................................44 17.01 Giving Notice.........................................................................................................................................................44 17.02 Computation of Times............................................................................................................................................44 17.03 Cumulative Remedies.............................................................................................................................................44 17.04 Survival of Obligations..........................................................................................................................................44 17.05 Controlling Lmv.....................................................................................................................................................44 17.06 Headings................................................................................................................................................................44 [THE REST OF THIS PAGE INTENTIONALLY LEFT BLANKI Standard General Conditions of the Construction Contract—00700—Page 5 of 44 H:\CORPORATEXRJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 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 1.01 Defined Terms or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the A. Wherever used in the Bidding Requirements Agreement. or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings 10. Claim--A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, Contract Times,or both,or other relief with respect to the terms of the Contract.A demand for money or services by terms with initial capital letters in the Contract Documents include references to identified articles and a third party is not a Claim. paragraphs,and the titles of other documents or forms. 11. Contract--The entire and integrated written 1. Addenda--Written or graphic instruments agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, issued prior to the opening of Bids which clarify,correct, representations,or agreements,whether written or oral. or change the Bidding Requirements or the proposed Contract Documents. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies 2. Agreement--The written instrument which is of the items listed in the Agreement are Contract evidence of the agreement between Owner and Contractor Documents.Approved Shop Drawings,other Contractor's covering the Work. The definition of the word"Contract" submittals, and the reports and drawings of subsurface is synonymous with the word "Agreement" and is used and physical conditions are not Contract Documents. interchangeably in the Contract Documents. 13. Contract Price--The moneys payable by 3.Application for Payment--The form acceptable Owner to Contractor for completion of the Work in to Engineer which is to be used by Contractor during the accordance with the Contract Documents as stated in the course of the Work in requesting progress or final Agreement (subject to the provisions of Paragraph 11.03 payments and which is to be accompanied by such in the case of Unit Price Work). supporting documentation as is required by the Contract Documents. 14. Contract Times--The number of days or the dates stated in the Agreement to:(i)achieve Milestones, if 4. Asbestos--Any material that contains more any, (ii)achieve Substantial Completion; and (iii) than one percent asbestos and is friable or is releasing complete the Work so that it is ready for final payment as asbestos fibers into the air above current action levels evidenced by Engineer's written recommendation of final established by the United States Occupational Safety and payment. Health Administration. 15. Contractor--The individual or entity with 5. Bid--The offer or proposal of a Bidder whom Owner has entered into the Agreement. submitted on the prescribed form setting forth the prices 16. Cost of the bi'ork--See Paragraph 11.01.A for for the Work to be performed. definition. 6. Bidder--The individual or entity who submits 17. Drawings--That part of the Contract a Bid directly to Owner. Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the 7. Bidding Documents--The Bidding Work to be performed by Contractor. Shop Drawings and Requirements and the proposed Contract Documents other Contractor submittals are not Drawings as so (including all Addenda). defined. 8. Bidding Requirements--The Advertisement or 18. Effective Date of the Agreement--The date Invitation to Bid, Instructions to Bidders, bid security of indicated in the Agreement on which it becomes effective, acceptable form, if any, and the Bid Form with any but if no such date is indicated, it means the date on supplements. which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer--The individual or entity named as such in the Agreement. Standard General Conditions of the Construction Contract—00700—Page 6 of 44 H:\CO RP ORATE\RJ M\WO RDP\ejcd c\C-700.std.gen.co nd.d oc 2/17/2005 20. Engineer's Consultant--An individual or 31. Partial Utilization--Use by Owner of a enti having a contract with Engineer to furnish services substantially completed part of the Work for the purpose as Engineer's independent professional associate or for which it is intended (or a related Purpose) prior to consultant with respect to the Project and who is Substantial Completion of all the Work. identified as such in the Supplementary Conditions. 32.349-.PCBs--Polychlorinated biphenyls. 21. ZA Field Order--A written order issued by Engineer which requires minor changes in the Work but 33. 34-. Petroleum--Petroleum, including crude which does not involve a change in the Contract Price or oil or any fraction thereof which is liquid at standard the Contract Times. conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), 22. 24, General Requirements--Sections of such as oil, petroleum, fuel oil, oil sludge, oil refuse, Division 1 of the Specifications. The General gasoline, kerosene, and oil mixed with other Requirements pertain to all sections of the Specifications. non-Hazardous Waste and crude oils. 23. 227 Hazardous Environmental Condition-- 34.327 Progress Schedule--A schedule,prepared The presence at the Site of Asbestos, PCBs, Petroleum, and maintained by Contractor, describing the sequence Hazardous Waste, or Radioactive Material in such and duration of the activities comprising the Contractor's quantities or circumstances that may present a substantial plan to accomplish the Work within the Contract Times. danger to persons or property exposed thereto in connection with the Work. 35. 33- Project--The total construction of which the Work to be performed under the Contract Documents 24. 23: FIa_ardous Waste--The term Hazardous may be the whole,or a part. Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as 36.34.Project Alanual--The bound documentary amended from time to time. information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, 25. 24 Lmvs and Regulations; Laws or which may be bound in one or more volumes, is Regulations--Any and all applicable laws, rules, contained in the table(s)of contents. regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts 37. 35.r. Radioactive Material--Source, special having jurisdiction. nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as 26. 25-. Liens--Charges, security interests, or amended from time to time. encumbrances upon Project funds, real property, or personal property. 38. 36- Related Entity -- An officer, director, partner,employee,agent,consultant,or subcontractor. 27.21 Ifilesione--A principal event specified in the Contract Documents relating to an intermediate 39. 3-7-. Resident Project Representative--The completion date or time prior to Substantial Completion authorized representative of Engineer who may be of all the Work. assigned to the Site or any part thereof. 28. 2-7-. Notice of Award--The written notice by 40.3$.Samples--Physical examples of materials, Owner to the Successful Bidder stating that upon timely equipment, or workmanship that are representative of compliance by the Successful Bidder with the conditions some portion of the Work and which establish the precedent listed therein, Owner will sign and deliver the standards by which such portion of the Work will be Agreement. judged. 29. 24- Notice to Proceed--A written notice 41. 3Q-. Schedule of Submittals--A schedule, given by Owner to Contractor fixing the date on which prepared and maintained by Contractor, of required the Contract Times will commence to run and on which submittals and the time requirements to support scheduled Contractor shall start to perform the Work under the performance of related construction activities. Contract Documents. 42.49-Schedule of Values--A schedule,prepared 30. 28- Oivner--The individual or entity with and maintained by Contractor, allocating portions of the whom Contractor has entered into the Agreement and for Contract Price to various portions of the Work and used whom the Work is to be performed. as the basis for reviewing Contractor's Applications for Payment. Standard General Conditions of the Construction Contract—00700—Page 7 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 43.4-1-:Shop Drawings--All drawings, diagrams, 53. 5-17. Work--The entire construction or the illustrations, schedules, and other data or information various separately identifiable parts thereof required to be which are specifically prepared or assembled by or for provided under the Contract Documents. Work includes Contractor and submitted by Contractor to illustrate some and is the result of performing or providing all labor, portion of the Work. services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating 44. 4-2-. Site--Lands or areas indicated in the all materials and equipment into such construction, all as Contract Documents as being furnished by Owner upon required by the Contract Documents. which the Work is to be performed, including rights-of- way and easements for access thereto, and such other 54. 3- Work Change Directive--A written lands furnished by Owner which are designated for the statement to Contractor issued on or after the Effective use of Contractor. Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition,deletion, 45. 4-3-. Specifications--That part of the Contract or revision in the Work, or responding to differing or Documents consisting of written requirements for unforeseen subsurface or physical conditions under which materials, equipment, systems, standards and the Work is to be performed or to emergencies. A Work workmanship as applied to the Work, and certain Change Directive will not change the Contract Price or administrative requirements and procedural matters the Contract Times but is evidence that the parties expect applicable thereto. that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued 46. 44- Subcontractor--An individual or entity Change Order following negotiations by the parties as to having a direct contract with Contractor or with any other its effect,if any,on the Contract Price or Contract Times. Subcontractor for the performance of a part of the Work at the Site. 1.02 Terminology 47. 43: Substantial Completion--The time at A.The following words or terms are not defined which the Work (or a specified part thereof) has but, when used in the Bidding Requirements or Contract progressed to the point where,in the opinion of Engineer, Documents,have the following meaning. the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents,so B.Intent of Certain Terms or Adjectives that the Work(or a specified part thereof)can be utilized for the purposes for which it is intended. The terms 1. The Contract Documents include the terms "substantially complete"and"substantially completed"as "as allowed," "as approved," "as ordered", "as directed" applied to all or part of the Work refer to Substantial or terms of like effect or import to authorize an exercise Completion thereof of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," 48. 46. Successful Bidder--The Bidder 11proper," "satisfactory," or adjectives of like effect or submitting a responsive Bid to whom Owner makes an import are used to describe an action or determination of award. Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be 49. 47: Supplementary Conditions--That part of solely to evaluate, in general, the Work for compliance the Contract Documents which amends or supplements with the requirements of and information in the Contract these General Conditions. Documents and conformance with the design concept of 50. 48-. Supplier--A manufacturer, fabricator, the completed Project as a functioning whole as shown or supplier, distributor, materialman, or vendor having a indicated in the Contract Documents (unless there is a direct contract with Contractor or with any Subcontractor specific statement indicating otherwise). The use of any to furnish materials or equipment to be incorporated in the such term or adjective is not intended to and shall not be Work by Contractor or any Subcontractor. effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any 51.49:Underground Facilities--All underground duty or authority to undertake responsibility contrary to pipelines,conduits,ducts,cables,wires,manholes,vaults, the provisions of Paragraph 9.09 or any other provision of tanks,tunnels, or other such facilities or attachments, and the Contract Documents. any encasements containing such facilities, including those that convey electricity, gases, steam, liquid C.Day petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other 1. The word "day" means a calendar day of 24 liquids or chemicals,or traffic or other control systems. hours measured from midnight to the next midnight. 52.39: Unit Price Work--Work to be paid for on the basis of unit prices. Standard General Conditions of the Construction Contract—00700—Page 8 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 D.Defective B. Evidence of Insurance: Before Owner will execute the Agreement,and before any Work at the Site is 1. The word "defective," when modifying the started,Contractor and Owner shall eae-h-deliver to Owner word "Work," refers to Work that is unsatisfactory, the ether,with copies to each additional insured identified faulty,or deficient in that it: in the Supplementary Conditions,certificates of insurance (and other evidence of insurance which either of them or a. does not conform to the Contract Documents, any additional insured may reasonably request) which or Contractor is required to purchase and maintain in accordance with Article 5. b. does not meet the requirements of any applicable inspection,reference standard,test,or 2.02 Copies of Documents approval referred to in the Contract Documents, or A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project c. has been damaged prior to Engineer's - Manual. Additional copies will be furnished upon request recommendation of final payment (unless at the cost of reproduction. responsibility for the protection thereof has been assumed by Owner at Substantial Completion in 2.03 Commencement of Contract Times; Notice to accordance with Paragraph 14.04 or 14.05). Proceed E.Furnish, Install, Perform, Provide A. Following the execution of the Agreement by the Owner and the Contractor, written Notice to Proceed 1. The word "furnish,"when used in connection with the Work shall be given by the Owner to the with services, materials, or equipment, shall mean to Contractor. The Contract Times will commence to run on supply and deliver said services, materials, or equipment the tFmrtieth day after the E ff etive rate of the Agreement to the Site(or some other specified location)ready for use or,if a Notice to Preeeea is given, on the day indicated in or installation and in usable or operable condition. the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the 2. The word "install," when used in connection Agreement. In no event will the—Centrast "Bees with services, materials, or equipment, shall mean to put 10 run la4eF than !he sixtieth day aftef the day into use or place in final position said services,materials, of Bid epeniHg or the thift]e•6 doey aftef the Effeetive Date or equipment complete and ready for intended use. Ofthe AgFeement, „hieheyer date is earlier.. 3.The words"perform"or"provide,"when used 2.04 Starting the Work in connection with services,materials, or equipment,shall mean to furnish and install said services, materials, or A. Contractor shall start to perform the Work on equipment complete and ready for intended use. the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which 4. When "furnish," "install," "perform," or the Contract Times commence to run. "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an 2.05 Before Starting Construction obligation of Contractor,"provide"is implied. A. Preliminary Scheduler: Within 10 days after F. Unless stated otherwise in the Contract the Effective Date of the Agreement (unless otherwise Documents, words or phrases which have a well-known specified in the General Requirements), Contractor shall technical or construction industry or trade meaning are submit to Engineer for timely review: used in the Contract Documents in accordance with such recognized meaning. 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 ARTICLE 2-PRELIMINARY MATTERS Milestones specified in the Contract Documents; 2.a preliminary Schedule of Submittals;and 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. Standard General Conditions of the Construction Contract—00700—Page 9 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 3.a preliminary Schedule of Values for all of the 2. Contractor's Schedule of Submittals will be Work which includes quantities and prices of items which acceptable to Engineer if it provides a workable when added together equal the Contract Price and arrangement for reviewing and processing the required subdivides the Work into component parts in sufficient submittals. detail to serve as the basis for progress payments during performance of the Work. Such prices will include an 3. Contractor's Schedule of Values will be appropriate amount of overhead and profit applicable to acceptable to Engineer as to form and substance if it each item of Work. provides a reasonable allocation of the Contract Price to component parts of the Work. 4. a preliminary list of construction equipment with hourly rates, owned or rented by the Contractor and 4. Contractor's Schedule of Equipment will be all Subcontractors that will be used in the performance of acceptable to Engineer as to form and substance if it the Work. The equipment list will include information provides the necessary information to reference the necessary to confirm the hourly rates in accordance with equipment and establish the hourly rates in accordance paragraph l l.OIA 5.c of these General Conditions with paragraph 11.0l.A.5.c of these General Conditions. including• make model and year of manufacture as well as the horse power,capacity or weight,and accessories. 2.06 Preconstruction Conference ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING,REUSE 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 3.01 Intent understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, A. The Contract Documents are complementary; procedures for handling Shop Drawings and other what is required by one is as binding as if required by all. submittals, processing Applications for Payment, and maintaining required records. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) 2.07 Initial Acceptance of Schedules to be constructed in accordance with the Contract A.At least 10 .lays before submission of the r,_,.. Documents. Any labor, documentation, services, ;�,Iic-etion fer Payment a eeaferenee attended materials, or equipment that may reasonably be inferred r ft ❑n ineeF and et eT _ �. e will be from the Contract Documents or from prevailing custom F _ o «��.,.� * '� „m� or trade usage as being required to produce the intended .�. " eeepta_i "- - ee s provided, result will be provided whether or not specifically called below ate-�ehcdt�s submittedinaeeardEmee- .inr for at no additional cost to Owner. w :..� eeti.,,s and rr adjustments „ fld to eempiete o„.shall C. Clarifications and interpretations of the and Fesubmit the�:cwics. a progress pay arcflt s all be tade teeter until � o„«.,tiw r, �a,,,� � Contract Documents shall be issued by Engineer as submitted« c„,i— provided in Article 9. b ' A. Prior to the first application for payment all 3.02 Reference Standards schedules and documents identified in paragraph 2.05.A of these General Conditions shall be finalized and A. Standards, Specifications, Codes, Laws, and acceptable to the Engineer and Owner. No progress Regulations payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as 1. Reference to standards, specifications, provided below. Acceptance of these schedules and manuals, or codes of any technical society, organization, documents by either Engineer or Owner will neither or association, or to Laws or Regulations, whether such impose on Engineer or Owner responsibility for the reference be specific or by implication, shall mean the sequencing scheduling or progress of the Work and will standard, specification, manual, code, or Laws or not interfere with or relieve Contractor from Contractor's Regulations in effect at the time of opening of Bids(or on full responsibility therefore. the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in 1. The Progress Schedule will be acceptable to the Contract Documents. Engineer and Owner if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer and Owner responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. Standard General Conditions of the Construction Contract-00700-Page 10 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.r-ond.doc 2/17/2005 2. No provision of any such standard, b. the provisions of any Laws or Regulations specification, manual or code, or any instruction of a applicable to the performance of the Work Supplier shall be effective to change the duties or (unless such an interpretation of the provisions responsibilities of Owner, Contractor,or Engineer, or any of the Contract Documents would result in of their subcontractors, consultants, agents, or employees violation of such Law or Regulation). from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to 3.04 Amending and Supplementing Contract Owner, or Engineer, or any of,their Related Entities, any Documents duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake A. The Contract Documents may be amended to responsibility inconsistent with the provisions of the provide for additions,deletions,and revisions in the Work Contract Documents. or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. 3.03 Reporting and Resolving Discrepancies B. The requirements of the Contract Documents A.Reporting Discrepancies may be supplemented, and minor variations and deviations in the Work may be authorized,by one or more 1. Contractor's Review of Contract Documents of the following ways: Before Starting Work:Before undertaking each part of the Work, Contractor shall carefully study and compare the 1.A Field Order; Contract Documents and check and verify pertinent figures therein and all applicable field measurements. 2. Engineer's approval of a Shop Drawing or Contractor shall promptly report in writing to Engineer Sample; (Subject to the provisions of Paragraph any conflict, error, ambiguity, or discrepancy which 6.17.D.3);or Contractor may discover and shall obtain a written interpretation or clarification from Engineer before 3. Engineer's written interpretation or proceeding with any Work affected thereby. clarification. 2. Contractor's Review of Contract Documents 3.05 Reuse of Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, A. Contractor and any Subcontractor or Supplier ambiguity, or discrepancy within the Contract Documents or other individual or entity performing or furnishing all or between the Contract Documents and any provision of of the Work under a direct or indirect contract with any Law or Regulation applicable to the performance of Contractor,shall not: the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor 1.have or acquire any title to or ownership rights shall promptly report it to Engineer in writing. Contractor in any of the Drawings, Specifications, or other shall not proceed with the Work affected thereby (except documents (or copies of any thereof) prepared by or in an emergency as required by Paragraph 6.16.A) until bearing the seal of Engineer or Engineer's consultants, an amendment or supplement to the Contract Documents including electronic media editions;or has been issued by one of the methods indicated in 2. reuse any of such Drawings, Specifications, Paragraph 3.04. other documents, or copies thereof on extensions of the 3.Contractor shall not be liable to Owner or Project or any other project without written consent of Engineer for failure to report any conflict, error, Owner and Engineer and specific written verification or ambiguity, or discrepancy in the Contract Documents adoption by Engineer. unless Contractor knew or reasonably should have known thereof. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. B.Resolving Discrepancies Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 1. Except as may be otherwise specifically stated in the Contract Documents,the provisions of the Contract 3.06 Electronic Data Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the A. Copies of data furnished by Owner or provisions of the Contract Documents and: Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the a. the provisions of any standard, specification, printed copies (also known as hard copies). Files in manual, code, or instruction (whether or not electronic media format of text, data, graphics, or other specifically incorporated by reference in the types are furnished only for the convenience of the Contract Documents);or receiving party. Any conclusion or information obtained Standard General Conditions of the Construction Contract—00700—Page 11 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 or derived from such electronic files will be at the user's D. If it is necessary or desirable that the sole risk. If there is a discrepancy between the electronic Contractor use land outside of the Owner's easement or files and the hard copies,the hard copies govern. right-of-way, the Contractor shall obtain written consent from the property owner and tenant of the land. The B. Because data stored in electronic media Contractor shall not enter for materials delivery or occupy format can deteriorate or be modified inadvertently or for any other purpose with men, tools, equipment, otherwise without authorization of the data's creator, the construction materials, or with materials excavated from party receiving electronic files agrees that it will perform the site, any private property outside the designated acceptance tests or procedures within 60 days,after which construction easement boundaries or right-of-way without the receiving party shall be deemed to have accepted the written permission from the property owner and tenant. data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the 4.02 Subsurface and Physical Conditions transferring party. A. Reports and Drawings: The Supplementary C. When transferring documents in electronic Conditions identify: media format, the transferring party makes no representations as to long term compatibility,usability,or 1. those reports of explorations and tests of readability of documents resulting from the use of subsurface conditions at or contiguous to the Site that software application packages, operating systems, or Engineer has used in preparing the Contract Documents; computer hardware differing from those used by the and data's creator. 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or ARTICLE 4 - AVAILABILITY OF LANDS; contiguous to the Site (except Underground Facilities) SUBSURFACE AND PHYSICAL CONDITIONS; that Engineer has used in preparing the Contract HAZARDOUS ENVIRONMENTAL CONDITIONS; Documents. REFERENCE POINTS B. Limited Reliance by Contractor on Technical Data Authorised: Contractor may rely upon the general 4.01 Availability of Lands accuracy of the"technical data"contained in such reports and drawings, but such reports and drawings are not A. Owner shall furnish the Site. Owner shall Contract Documents. Such "technical data" is identified notify Contractor of any encumbrances or restrictions not in the Supplementary Conditions.Except for such reliance of general application but specifically related to use of the on such"technical data," Contractor may not rely upon or Site with which Contractor must comply in performing make any claim against Owner or Engineer, or any of the Work. Owner will obtain in a timely manner and pay their Related Entities with respect to: for easements for permanent structures or permanent changes in existing facilities.If Contractor and Owner are 1.the completeness of such reports and drawings unable to agree on entitlement to or on the amount or for Contractor's purposes, including, but not limited to, extent, if any, of any adjustment in the Contract Price or any aspects of the means, methods, techniques, Contract Times, or both, as a result of any delay in sequences,and procedures of construction to be employed Owner's furnishing the Site or a part thereof, Contractor by Contractor, and safety precautions and programs may make a Claim therefor as provided in Paragraph incident thereto;or 10.05. 2 other data, interpretations, opinions, and B. Upon reasonable written request, Owner shall information contained in such reports or shown or furnish Contractor with a current statement of record legal indicated in such drawings;or title and legal description of the lands upon which the 3. any Contractor interpretation of or conclusion Work is to be performed and Owner's interest therein as drawn from any "technical data" or any such other data, necessary for giving notice of or filing a mechanic's or interpretations,opinions,or information. construction lien against such lands in accordance with applicable Laws and Regulations. 4.03 Differing Subsurface or Physical Conditions C. Contractor shall provide for all additional A. Notice: If Contractor believes that any lands and access thereto that may be required for subsurface or physical condition at or contiguous to the temporary construction facilities or storage of materials Site that is uncovered or revealed either: and equipment. 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 Standard General Conditions of the Construction Contract—00700—Page 12 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 2.is of such a nature as to require a change in the b. the existence of such condition could Contract Documents;or reasonably have been discovered or revealed as a result of any examination, investigation, 3.differs materially from that shown or indicated exploration, test, or study of the Site and in the Contract Documents;or contiguous areas required by the Bidding 4. is of an unusual nature, and differs materially Requirements or Contract Documents to be conducted by or for Contractor prior to from conditions ordinarily encountered and generally Contractor's making such final commitment;or recognized as inherent in work of the character provided for in the Contract Documents; c. Contractor failed to give the written notice as then Contractor shall, promptly after becoming aware required by Paragraph 4.03.A. thereof and before further disturbing the subsurface or physical conditions or performing any Work in 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of connection therewith(except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in any adjustment in the Contract Price or Contract Times, writing about such condition. Contractor shall not further or both, a Claim may be made therefor as provided in disturb such condition or perform any Work in connection Paragraph 10.05. However,Owner and Engineer, and any therewith (except as aforesaid) until receipt of written of their Related Entities shall not be liable to Contractor order to do so. Contractor shall notify the Owner and for any claims, costs, losses, or damages (including but Engineer in writing about differing subsurface or physical not limited to all fees and charges of engineers, architects, conditions within 5 days of discovery and before attorneys, and other professionals and all court or disturbing the subsurface as stated above. No claim for arbitration or other dispute resolution costs) sustained by Contractor on an adiustment in the contract price or contract times (or or in connection with any other project or M project. Milestones) will be valid for differing subsurface or anticipated project. physical conditions if procedures of this paragraph 4.03 4.04 Underground Facilitiesare not followed. B. Engineer's Review: After receipt of written A.Shown or Indicated:The information and data notice as required by Paragraph 4.03.A, Engineer will shown or indicated in the Contract Documents with promptly review the pertinent condition, determine the respect to existing Underground Facilities at or necessity of Owner's obtaining additional exploration or contiguous to the Site is based on information and data tests with respect thereto, and advise Owner in writing furnished to Owner or Engineer by the owners of such (with a copy to Contractor) of Engineer's findings and Underground Facilities, including Owner, or by others. conclusions. Unless it is otherwise expressly provided in the Supplementary Conditions: C.Possible Price and Times Adjustments 1. Owner and Engineer shall not be responsible 1. The Contract Price or the Contract Times, or for the accuracy or completeness of any such information both, will be equitably adjusted to the extent that the or data;and existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's 2. the cost of all of the following will be cost of, or time required for, performance of the Work; included in the Contract Price, and Contractor shall have subject,however,to the following: full responsibility for: a. such condition must meet any one or more of a. reviewing and checking all such information the categories described in Paragraph 4.03.A; and data, and b.with respect to Work that is paid for on a Unit b. locating all Underground Facilities shown or Price Basis, any adjustment in Contract Price indicated in the Contract Documents, will be subject to the provisions of Paragraphs 9.07 and ]1.03. c. coordination of the Work with the owners of such Underground Facilities, including Owner, 2. Contractor shall not be entitled to any during construction,and adjustment in the Contract Price or Contract Times if: d. the safety and protection of all such a. Contractor knew of the existence of such Underground Facilities and repairing any conditions at the time Contractor made a final damage thereto resulting from the Work. commitment to Owner with respect to Contract Price and Contract Times by the submission of a B.Not Shown or Indicated Bid or becoming bound under a negotiated contract;or Standard General Conditions of the Construction Contract—00700—Page 13 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 1. If an Underground Facility is uncovered or B. Limited Reliance by Contractor on Technical revealed at or contiguous to the Site which was not shown Data Authorized- Contractor may rely upon the general or indicated, or not shown or indicated with reasonable accuracy of the"technical data"contained in such reports accuracy in the Contract Documents, Contractor shall, and drawings, but such reports and drawings are not promptly after becoming aware thereof and before further Contract Documents. Such "technical data" is identified disturbing conditions affected thereby or performing any in the Supplementary Conditions.Except for such reliance Work in connection therewith(except in an emergency as on such"technical data,"Contractor may not rely upon or required by Paragraph 6.16.A), identify the owner of such make any claim against Owner or Engineer, or any of Underground Facility and give written notice to that their Related Entities with respect to: owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine 1.the completeness of such reports and drawings the extent, if any, to which a change is required in the for Contractor's purposes, including, but not limited to, Contract Documents to reflect and document the any aspects of the means,methods,techniques, sequences consequences of the existence or location of the and procedures of construction to be employed by Underground Facility. During such time, Contractor shall Contractor and safety precautions and programs incident be responsible for the safety and protection of such thereto;or Underground Facility. 2. other data, interpretations, opinions and 2. If Engineer concludes that a change in the information contained in such reports or shown or Contract Documents is required, a Work Change indicated in such drawings;or Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment 3. any Contractor interpretation of or conclusion shall be made in the Contract Price or Contract Times, or drawn from any "technical data" or any such other data, both, to the extent that they are attributable to the interpretations,opinions or information. existence or location of any Underground Facility that was not shown or indicated or not shown or indicated C. Contractor shall not be responsible for any with reasonable accuracy in the Contract Documents and Hazardous Environmental Condition uncovered or that Contractor did not know of and could not reasonably revealed at the Site which was not shown or indicated in have been expected to be aware of or to have anticipated. Drawings or Specifications or identified in the Contract If Owner and Contractor are unable to agree on Documents to be within the scope of the Work. entitlement to or on the amount or extent, if any, of any Contractor shall be responsible for a Hazardous such adjustment in Contract Price or Contract Times, Environmental Condition created with any materials Owner or Contractor may make a Claim therefor as brought to the Site by Contractor, Subcontractors, provided in Paragraph 10.05. Suppliers, or anyone else for whom Contractor is responsible. 4.05 Reference Points D. If Contractor encounters a Hazardous A. Owner shall provide engineering surveys to Environmental Condition or if Contractor or anyone for establish reference points for construction which in whom Contractor is responsible creates a Hazardous Engineer's judgment are necessary to enable Contractor Environmental Condition, Contractor shall immediately: to proceed with the Work. Contractor shall be responsible (i) secure or otherwise isolate such condition; (ii) stop all for laying out the Work, shall protect and preserve the Work in connection with such condition and in any area established reference points and property monuments,and affected thereby (except in an emergency as required by shall make no changes or relocations without the prior Paragraph 6.16.A); and (iii) notify Owner and Engineer written approval of Owner. Contractor shall report to (and promptly thereafter confirm such notice in writing). Engineer whenever any reference point or property Owner shall promptly consult with Engineer concerning monument is lost or destroyed or requires relocation the necessity for Owner to retain a qualified expert to because of necessary changes in grades or locations, and evaluate such condition or take corrective action,if any. shall be responsible for the accurate replacement or relocation of such reference points or property E. Contractor shall not be required to resume monuments by professionally qualified personnel. Work in connection with such condition or in any affected area until after Owner has obtained any required permits 4.06 Ha=ardous Environmental Condition at Site related thereto and delivered to Contractor written notice: A. Reports and Drawings: Reference is made to (i) specifying that such condition and any affected area is the Supplementary Conditions for the identification of or has been rendered safe for the resumption of Work; or those reports and drawings relating to a Hazardous (ii) specifying any special conditions under which such Environmental Condition identified at the Site,if any,that Work may be resumed safely. If Owner and Contractor have been utilized by the Engineer in the preparation of cannot agree as to entitlement to or on the amount or the Contract Documents. extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is Standard General Conditions of the Construction Contract—00700—Page 14 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 agreed to be resumed by Contractor, either party may ARTICLE 5-BONDS AND INSURANCE make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice 5.01 Performance,Payment, and Other Bonds Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to A. Contractor shall furnish performance and resume such Work under such special conditions, then payment bonds, each in an amount at least equal to the Owner may order the portion of the Work that is in the Contract Price as security for the faithful performance and area affected by such condition to be deleted from the payment of all of Contractor's obligations under the Work. If Owner and Contractor cannot agree as to Contract Documents. These bonds shall remain in effect entitlement to or on the amount or extent, if any, of an until one year after the date when final payment becomes adjustment in Contract Price or Contract Times as a result due or until completion of the correction period specified of deleting such portion of the Work, then either party in Paragraph 13.07,whichever is later,except as provided may make a Claim therefor as provided in Paragraph otherwise by Laws or Regulations or by the Contract 10.05. Owner may have such deleted portion of the Work Documents. Contractor shall also furnish such other performed by Owner's own forces or others in accordance bonds as are required by the Contract Documents. with Article 7. B. All bonds shall be in the form prescribed by G. To the fullest extent permitted by Laws and the Contract Documents except as provided otherwise by Regulations, Owner shall indemnify and hold harmless Laws or Regulations, and shall be executed by such Contractor, Subcontractors, and Engineer, and the sureties as are named in the current list of"Companies officers, directors, partners, employees, agents, Holding Certificates of Authority as Acceptable Sureties consultants, and subcontractors of each and any of them on Federal Bonds and as Acceptable Reinsuring from and against all claims, costs, losses, and damages Companies" as published in Circular 570 (amended) by (including but not limited to all fees and charges of the Financial Management Service, Surety Bond Branch, engineers, architects, attorneys, and other professionals U.S. Department of the Treasury. All bonds signed by an and all court or arbitration or other dispute resolution agent must be accompanied by a certified copy of the costs) arising out of or relating to a Hazardous agents authority to act. All bonds signed by an agent Environmental Condition, provided that such Hazardous must have a Power of Attorney form attached to the Environmental Condition: (i)was not shown or indicated Bond. in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of C. If the surety on any bond furnished by the Work, and (ii) was not created by Contractor or by Contractor is declared bankrupt or becomes insolvent or anyone for whom Contractor is responsible. Nothing in its right to do business is terminated in any state where this Paragraph 4.06. G shall obligate Owner to indemnify any part of the Project is located or it ceases to meet the any individual or entity from and against the requirements of Paragraph 5.01.13, Contractor shall consequences of that individual's or entity's own promptly notify Owner and Engineer and shall, within 20 negligence. days after the event giving rise to such notification, H. To the fullest extent permitted by Laws and provide another bond and surety, both of which shall Regulations, Contractor shall indemnify and hold comply with the requirements of Paragraphs 5.01.13 and 5.02. harmless Owner and Engineer,and the officers, directors, partners, employees, agents, consultants, and 5.02 Licensed Sureties and Insurers subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not A. All bonds and insurance required by the limited to all fees and charges of engineers, architects, Contract Documents to be purchased and maintained by attorneys, and other professionals and all court or Owner or Contractor shall be obtained from surety or arbitration or other dispute resolution costs)arising out of insurance companies that are duly licensed or authorized or relating to a Hazardous Environmental Condition in the jurisdiction in which the Project is located to issue created by Contractor or by anyone for whom Contractor bonds or insurance policies for the limits and coverages is responsible. Nothing in this Paragraph 4.06.1-1 shall so required. Such surety and insurance companies shall obligate Contractor to indemnify any individual or entity also meet such additional requirements and qualifications from and against the consequences of that individual's or as may be provided in the Supplementary Conditions. entity's own negligence. 5.03 Certificates of Insurance 1. The provisions of Paragraphs 4.02, 4.03, and yes A.Contractor shall deliver to Owner,with co 4.04 do not apply to a Hazardous Environmental p Condition uncovered or revealed at the Site. to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. Standard General Conditions of the Construction Contract—00700—Page 15 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible Genditiens, eefti fle t of insufanee (and other e idene property wherever located, including loss of use resulting o insuranee Fequested by rent- et^ or- anythe therefrom; and additienal insured) whieh Owner is required to puEehase and maintain. 6.claims for damages because of bodily injury or death of any person or property damage arising out of the B. An Authorized Representative of the ownership,maintenance or use of any motor vehicle. insurance company for the Contractor shall review the specified insurance requirements of Article 5 and shall 7. The Liability Policy purchased by Contractor provide to each insured and to each additional insured a will provide that the definition of bodily injury will letter stating that the requirements of Article 5 have been include claims for mental anguish. reviewed and certifying that the Contractor has, as a minimum provided the insurance coverage as required by Article 5. B. The policies of insurance required by this Paragraph 5.04 shall: C. All insurance required to be provided under Article 5 shall be written in such a manner as to afford 1. with respect to insurance required by primary insurance coverage (as opposed to excess or Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include secondary coverage) as to meet or exceed the insurance as additional insured requirements for all insureds and additional insureds and Owner and Engineer, the respective directors officers partners employees, Engineer's Consultants and any other individuals or agents and other consultants and subcontractors of each entities identified in the Supplementary Conditions, all of and any of all such additional insureds. whom shall be listed as additional insureds, and include 5.04 Contractor's Liabilitv Insurance coverage for the respective officers, directors, partners, employees,agents,consultants and subcontractors of each A. Contractor shall purchase and maintain such and any of all such additional insureds, and the insurance liability and other insurance as is appropriate for the afforded to these additional insureds shall provide Work being performed and as will provide protection primary coverage for all claims covered thereby; from claims set forth below which may arise out of or 2, include at least the specific coverages and be result from Contractor's performance of the Work and written for not less than the limits of liability provided in Contractor's other obligations under the Contract the Supplementary Conditions or required by Laws or Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or Regulations,whichever is greater; indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be 3.include completed operations insurance; liable: 4. include contractual liability insurance 1. claims under workers' compensation, covering Contractor's indemnity obligations under disability benefits, and other similar employee benefit Paragraphs 6.11 and 6.20; acts; 5. contain a provision or endorsement that the 2.claims for damages against Contractor because coverage afforded will not be canceled, materially of bodily injury, property damage, occupational sickness, changed or renewal refused until at least 38 forty-five accident or disease, or death of or to Contractor's (45) days prior written notice has been given to Owner and Contractor and to each other additional insured employees; identified in the Supplementary Conditions to whom a 3. claims for damages because of bodily injury, certificate of insurance has been issued (and the sickness, of disease, property damage or death of any certificates of insurance furnished by the Contractor person other than Contractor's employees; pursuant to Paragraph 5.03 will so provide); 4. claims for damages insured by reasonably 6. remain in effect for a period of at least aetiml available personal injury liability coverage which are one year following final payment and at all times thereafter when Contractor may be correcting, removing, sustained: or replacing defective Work in accordance with Paragraph a.by any person as a result of an offense directly 13.07; and or indirectly related to the employment of such person by Contractor,or b.by any other person for any other reason; Standard General Conditions of the Construction Contract—00700—Page 16 of 44 H:\CORPORATE\RJMkWORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 7. with respect to completed operations 4. cover materials and equipment in transit for insurance, and any insurance coverage written on a incorporation in the Work or stored at the Site or at claims-made basis, remain in effect for at least twe three another location N.W. ,,. _ ag tid to in 'ATiting by owfie- years after final payment. prior to being incorporated in the Work, provided that such materials and equipment have been included in an a. Contractor shall furnish Owner and each other Application for Payment recommended by Engineer; additional insured identified in the Supplementary Conditions,to whom a certificate 5. be endorsed to allow occupancy and to allow of insurance has been issued, evidence for partial utilization of the Work by Owner; and satisfactory to Owner and any such additional specifically endorse the Builder's Risk policy to allow for insured of continuation of such insurance at final such action; payment and eft for each year thereafter until this provision is satisfied. 6.include testing and startup;and 5.05 Owner's Liability Insurance 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, A. In addition to the insurance required to be Contractor, and Engineer with 30 45 days written notice provided by Contractor under Paragraph 5.04, Owner, at to each other additional insured to whom a certificate of Owner's option, may purchase and maintain at Owner's insurance has been issued. expense Owner's own liability insurance as will protect Owner against claims which may arise from operations B. Owner shall purchase and maintain such under the Contract Documents. boiler and machinery insurance or additional property insurance as may be required by the Supplementary 5.06 Property Insurance—Purchased by Contractor Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and A. Unless otherwise provided in the Engineer, and any other individuals or entities identified Supplementary Conditions, OweeF Contractor shall in the Supplementary Conditions, and the officers, purchase and maintain property insurance upon the Work directors, partners, employees, agents, consultants and at the Site in the amount of the full replacement cost subcontractors of each and any of them, each of whom is thereof (subject to such deductible amounts as may be deemed to have an insurable interest and shall be listed as provided in the Supplementary Conditions or required by an insured or additional insured. Laws and Regulations).This insurance shall: C. Contractor shall be responsible for any 1. include the interests of Owner, Contractor, deductible or self-insured retention. Subcontractors, Sub-subcontractors, and Engineer, Engineer's Consultants, and any other individuals or D. t= All the policies of insurance (and the entities identified in the Supplementary Conditions, and certificates or other evidence thereof) required to be the officers, directors, partners, employees, agents, purchased and maintained by Contractor in accordance consultants and subcontractors of each and any of them, with Paragraph 5.06 will contain a provision or each of whom is deemed to have an insurable interest and endorsement that the coverage afforded will not be shall be listed as an insured or additional insured; canceled or materially changed or renewal refused until at least M 45 days prior written notice has been given to 2. be written on a Builder's Risk "all-risk" or Owner and Contractor and to each other additional open peril or special causes of loss policy form that shall insured to whom a certificate of insurance has been issued at least include insurance for physical loss or damage to and will contain waiver provisions in accordance with the Work, including machinery and testing of machinery Paragraph 5.07. The qualifications of the insurance (including electrical units), temporary buildings, false company shall comply with the requirements of paragraph work, and materials and equipment in transit, and shall 5.02 and the Supplementary Conditions. insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism E. D. Owner shall Het be responsible fOF and malicious mischief, earthquake, collapse, debris Yershasing—and maintaining anyprep removal, demolition occasioned by enforcement of Laws speeified in n. ^g nc to pfeteet the inteFests e and Regulations, water damage, (other than caused by `'Rentr- _.eteer, Subeentraete ef othef^ iH the A 64i ' the flood) and such other perils or causes of loss as may be extent of any deductible amewits rhat are identified in t specifically required by the Supplementary Conditions; Supple fflentaf .-enditiens The risk of loss to the Work within sueh identified ded •bl allieun will be bome by 3. include expenses incurred in the repair or Contractor, Subcontractors, or others suffering any such replacement of any insured property (including but not loss, and if any of them wishes property insurance limited to fees and charges of engineers and architects); coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. Standard General Conditions of the Construction Contract—00700—Page 17 of 44 H:\CORPORATE\RJM\WORDP\ejedc\C-700.std.gen.cond.doc 2/17/2005 F.&If Contractor requests in writing that other 2. loss or damage to the completed Project or special insurance be included in the property insurance part thereof caused by, arising out of, or resulting from policies provided under Paragraph 5.06, Owner shall, if fire or other insured peril or cause of loss covered by any possible, include such insurance,and the cost thereof will property insurance maintained on the completed Project be charged to Contractor by appropriate Change Order. or part thereof by Owner during partial utilization Prior to commencement of the Work at the Site, Owner pursuant to Paragraph 14.05,after Substantial Completion shall in writing advise Contractor whether or not such pursuant to Paragraph 14.04, or after final payment other insurance has been procured by Owner. pursuant to Paragraph 14.07. G. Oualifications of the property insurance C. Any insurance policy maintained by Owner company shall be as specified in the Supplementary covering any loss, damage or consequential loss referred Conditions. to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, 5.07 Waiver of Rights damage, or consequential loss, the insurers will have no A, Owner and Contractor intend that all policies rights of recovery against Contractor, Subcontractors, of purchased in accordance with Paragraph 5.06 will protect Engineer, or Engineer's Consultants, and the officers, Owner, Contractor, Subcontractors, and Engineer, directors, partners, employees, agents, consultants and Engineer's Consultants, and all other individuals or subcontractors of each and any of them. entities identified in the Supplementary Conditions to be 5.08 Receipt and Application of Insurance Proceeds listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and A. mess Losses insured under the subcontractors of each and any of them) in such policies policies of insurance required by Paragraphs 5.06 and SC- and will provide primary coverage for all losses and 5.06 that include Owner as a named insured will be damages caused by the perils or causes of loss covered adjusted with Owner and made payable to Owner as thereby. All such policies shall contain provisions to the fidu iaf y for the:„s„_eds first named insured,and others, effect that in the event of payment of any loss or damage as their interests may appear, subject to the requirements the insurers will have no rights of recovery against any of of any applicable mortgage clause and of Paragraph the insureds or additional insureds thereunder. Owner, 5.08.13. Owner shall deposit in a separate account any a*d Contractor, Subcontractors, Engineer, Engineer's Consultants and all other persons or entities identified in money so received and shall distribute it in accordance t with such agreement as the parties in interest may reach. he Supplementary Conditions to be listed as insureds or additional insureds under such policies waive all rights If no other special agreement is reached, the damaged against each other and their respective officers, directors, Work shall be repaired or replaced, the moneys so received applied on account thereof,and the Work and the partners, employees, agents, consultants and subcontractors of each and any of them for all losses and cost thereof covered by an appropriate Change Order. damages caused by,arising out of or resulting from any of B. Owner as €dusiafy first named insured shall the perils or causes of loss covered by such policies and have power to adjust and settle any loss with the insurers any other property insurance applicable to the Work;and, unless one of the parties in interest shall object in writing in addition, waive all such rights against Subcontractors, within 15 days after the occurrence of loss to Owner's and Engineer, Engineer's Consultants, and all other exercise of this power. If such objection be made,Owner individuals or entities identified in the Supplementary shall make settlement with the insurers in Conditions to be listed as insured or additional insured accordance with such agreement as the parties in interest (and the officers, directors, partners, employees, agents, may reach. If no such agreement among the parties in consultants and subcontractors of each and any of them) interest is reached, Owner shall adjust and under such policies for losses and damages so caused. settle the loss with the insurers and, if required in writing None of the above waivers shall extend to the rights that by any party in interest, Owner as fiduei", shall give any party making such waiver may have to the proceeds bond for the proper performance of such duties. of insurance held by Owner as trustee or otherwise Arbitrators shall be chosen as provided in paragraph payable under any policy so issued. 5.08.C. Owner shall in that case make settlement with the insurers in accordance with the direction of such B. Owner waives all rights against Contractor, arbitrators. If distribution of the insurance proceeds by Subcontractors, and Engineer, Engineer's Consultants, arbitration is required, the arbitrators will direct such and the officers, directors, partners, employees, agents, arbitration. consultants and subcontractors of each and any of them for: C. Arbitrators, if required, shall be selected in accordance with the Construction Industry Arbitration 1. loss due to business interruption, loss of use, Rules of the American Arbitration Association. 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 Standard General Conditions of the Construction Contract—00700—Page 18 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 5.09 Acceptance of Bonds and Insurance; Option to B. At all times during the progress of the Work, Replace Contractor shall assign a competent resident superintendent who shall not be replaced without written A. If either Owner or Contractor has any notice to Owner and Engineer except under extraordinary objection to the coverage afforded by or other provisions circumstances. The superintendent will be Contractor's of the bonds or insurance required to be purchased and representative at the Site and shall have authority to act on maintained by the other party in accordance with Article 5 behalf of Contractor. All communications given to or on the basis of non-conformance with the Contract received from the superintendent shall be binding on Documents, the objecting party shall so notify the other Contractor. party in writing within 10 days after receipt of the certificates (or other evidence requested) required by 6.02 Labor; Working Hours Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect A. Contractor shall provide competent, suitably of insurance provided as the other may reasonably qualified personnel to survey and lay out the Work and request. If either party does not purchase or maintain all perform construction as required by the Contract of the bonds and insurance required of such party by the Documents. Contractor shall at all times maintain good Contract Documents, such party shall notify the other discipline and order at the Site. Contractor shall be party in writing of such failure to purchase prior to the responsible to see that the completed Work complies start of the Work, or of such failure to maintain prior to accurately with the Contract Documents. any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to B. Except as otherwise required for the safety or obtain equivalent bonds or insurance to protect such other protection of persons or the Work or property at the Site parry's interests at the expense of the party who was or adjacent thereto, and except as otherwise stated in the required to provide such coverage, and a Change Order Contract Documents, all Work at the Site shall be shall be issued to adjust the Contract Price accordingly. performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, 5.10 Partial Utili_ation, Acknowledgment of Property Sunday, or any legal holiday without Owner's written Insurer consent given after prior written notice to Engineer. Emergency work A. If Owner finds it necessary to occupy or use a may be done without prior permission. portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 6.03 Services,,'Materials, and Equipment 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to A. Unless otherwise specified in the Contract Paragraphs 5.06 and SC-5.06 have acknowledged notice Documents, Contractor shall provide and assume full thereof and in writing effected any changes in coverage responsibility for all services,materials,equipment, labor, necessitated thereby. The insurers providing the property transportation, construction equipment and machinery, insurance shall consent by endorsement on the policy or tools, appliances, fuel, power, light, heat, telephone, policies, but the property insurance shall not be canceled water,sanitary facilities,temporary facilities,and all other or permitted to lapse on account of any such partial use or facilities and incidentals necessary for the performance, occupancy. testing,start-up,and completion of the Work. B.All materials and equipment incorporated into ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 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 6.01 Supervision and Superintendence guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, A. Contractor shall supervise, inspect, and direct Contractor shall furnish satisfactory evidence (including the Work competently and efficiently, devoting such reports of required tests) as to the source, kind, and attention thereto and applying such skills and expertise as quality of materials and equipment. may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely C. All materials and equipment shall be stored, responsible for the means, methods, techniques, applied, installed, connected, erected, protected, used, sequences, and procedures of construction. Contractor cleaned, and conditioned in accordance with instructions shall not be responsible for the negligence of Owner or of the applicable Supplier, except as otherwise may be Engineer in the design or specification of a specific provided in the Contract Documents. means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. Standard General Conditions of the Construction Contract—00700—Page 19 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 6.04 Progress Schedule a. in the exercise of reasonable judgment Engineer determines that: A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 1) it is at least equal in materials of as it may be adjusted from time to time as provided construction, quality, durability, appearance, below. strength,and design characteristics; 1. Contractor shall submit to Engineer €ef 2) it will reliably perform at least equally well the function and achieve the results with each application for payment an updated progress imposed by the design concept of the completed schedule reflecting the amount of work completed and Project as a functioning whole, proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such 3) it has a proven record of performance and availability of responsive service;and adjustments will comply with any provisions of the General Requirements applicable thereto. b. Contractor certifies that, if approved and 2. Until the updated schedules are submitted to incorporated into the Work: and acceptable to Engineer and Owner Owner may 1) there will be no increase in cost to withhold an amount from a progress payment that is the Owner or increase in Contract Times,and sufficient to pay the direct expenses that Owner may reasonably expect will be necessary to correct any 2) it will conform substantially to the problems based on Contractor's failure to submit detailed requirements of the item named in the acceptable updated schedules. Review and acceptance of Contract Documents. progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or 2.Substitute Items progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefore. a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor 3. -2-. Proposed adjustments in the Progress does not qualify as an "or-equal" item under Schedule that will change the Contract Times shall be Paragraph 6.05.A.1, it will be considered a submitted in accordance with the requirements of Article proposed substitute item. 12. Adjustments in Contract Times may only be made by a Change Order. b. Contractor shall submit sufficient information as provided below to allow Engineer to 6.05 Substitutes and "Or-Equals" determine that the item of material or equipment proposed is essentially equivalent to that named A.Whenever an item of material or equipment is and an acceptable substitute therefore. Requests specified or described in the Contract Documents by for review of proposed substitute items of using the name of a proprietary item or the name of a material or equipment will not be accepted by particular Supplier, the specification or description is Engineer from anyone other than Contractor. intended to establish the type, function, appearance, and quality required. Unless the specification or description c.The requirements for review by Engineer will contains or is followed by words reading that no like, be as set forth in Paragraph 6.05.A.2.d, as equivalent, or "or-equal" item or no substitution is supplemented in the General Requirements and permitted, other items of material or equipment or as Engineer may decide is appropriate under the material or equipment of other Suppliers may be circumstances. submitted to Engineer for review under the circumstances described below. d. Contractor shall make written application to Engineer for review of a proposed substitute item 1. "Or-Equal" Items: If in Engineer's sole of material or equipment that Contractor seeks to discretion an item of material or equipment proposed by furnish or use.The application: Contractor is functionally equal to that named and 1) shall certify that the proposed sufficiently similar so that no change in related Work will substitute item will: be required, it may be considered by Engineer as an "or-equal"item, in which case review and approval of the a) perform adequately the functions and proposed item may, in Engineer's sole discretion, be achieve the results called for by the accomplished without compliance with some or all of the general design, requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed b) be similar in substance to that item of material or equipment will be considered specified,and functionally equal to an item so named if: c) be suited to the same use as that specified; Standard General Conditions of the Construction Contract—00700—Page 20 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 2)will state: D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special a)the extent, if any,to which the use of performance guarantee or other surety with respect to any the proposed substitute item will substitute. prejudice Contractor's achievement of Substantial Completion on time; E. Engineer's Cast Reimbursement: Engineer will record Engineer's costs in evaluating a substitute b) whether or not use of the proposed proposed or submitted by Contractor pursuant to _ substitute item in the Work will require Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer a change in any of the Contract approves a substitute item so proposed or submitted by Documents (or in the provisions of any Contractor, Contractor shall reimburse Owner for the other direct contract with Owner for charges of Engineer for evaluating each such proposed other work on the Project) to adapt the substitute. Contractor shall also reimburse Owner for the 1 design to the proposed substitute item; charges of Engineer for making changes in the Contract and Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of c) whether or not incorporation or use each proposed substitute. of the proposed substitute item in connection with the Work is subject to 1. Payment for such evaluation and redesign payment of any license fee or royalty; shall be made at the hourly rates specified in the Bid Form and made by deduction from the monthly progress 3)will identify: payments and the final payment as the evaluation and a) all variations of the proposed redesign expenses are incurred. 1 substitute item from that specified,and F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or b) available engineering, sales, "or-equal"at Contractor's expense. maintenance, repair, and replacement services; 6.06 Concerning Subcontractors, Suppliers, and Others 4) and shall contain an itemized A. Contractor shall not employ any estimate of all costs or credits that will result directly or indirectly from use of such substitute Subcontractor, Supplier, or other individual or entity item, including costs of redesign and claims of (including those acceptable to Owner as indicated in other contractors affected by any resulting Paragraph 6.06.B), whether initially or as a replacement, j against whom Owner may have reasonable objection. change, Contractor shall not be required to employ any B. Substitute Construction Methods or Subcontractor, Supplier, or other individual or entity to Procedures: If a specific means, method, technique, furnish or perform any of the Work against whom sequence, or procedure of construction is expressly Contractor has reasonable objection. required by the Contract Documents, Contractor may B. If the Supplementary Conditions require the furnish or utilize a substitute means, method, technique, identity of certain Subcontractors, Suppliers, or other sequence, or procedure of construction approved by individuals or entities to be submitted to Owner in Engineer. Contractor shall submit sufficient information advance for acceptance by Owner by a specified date to allow Engineer, in Engineer's sole discretion, to prior to the Effective Date of the Agreement, and if determine that the substitute proposed is equivalent to that Contractor has submitted a list thereof in accordance with expressly called for by the Contract Documents. The the Supplementary Conditions, Owner's acceptance requirements for review by Engineer will be similar to (either in writing or by failing to make written objection those provided in Paragraph 6.05.A.2. thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents)of C. Engineer's Evaluation: Engineer will be any such Subcontractor, Supplier, or other individual or allowed a reasonable time within which to evaluate each entity so identified may be revoked on the basis of • proposal or submittal made pursuant to Paragraphs 6.05.A reasonable objection after due investigation, Contractor and 6.05.B. Engineer may require Contractor to furnish shall submit an acceptable replacement for the rejected additional data about the proposed substitute item. Subcontractor, Supplier,or other individual or entity, and Engineer will be the sole judge of acceptability. No "or the Contract Price will be adjusted by the difference in the equal" or substitute will be ordered, installed or utilized cost occasioned by such replacement, and an appropriate until Engineer's review is complete, which will be Change Order will be issued. No acceptance by Owner of evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will any such Subcontractor, Supplier, or other individual or l entity, whether initially or as a replacement, shall advise Contractor in writing of any negative constitute a waiver of any right of Owner or Engineer to determination. reject defective Work. Standard General Conditions of the Construction Contract—00700—Page 21 of 44 H:\CORPORATE\RJ M\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 C.Contractor shall be fully responsible to Owner damages caused by, arising out of,relating to,or resulting and Engineer for all acts and omissions of the from any of the perils or causes of loss covered by such Subcontractors, Suppliers, and other individuals or policies and any other property insurance applicable to the entities performing or furnishing any of the Work just as Work.If the insurers on any such policies require separate Contractor is responsible for Contractor's own acts and waiver forms to be signed by any Subcontractor or omissions.Nothing in the Contract Documents: Supplier,Contractor will obtain the same. 1. shall create for the benefit of any such 6.07 Patent Fees and Royalties Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and A. Contractor shall pay all license fees and any such Subcontractor, Supplier or other individual or royalties and assume all costs incident to the use in the entity,nor performance of the Work or the incorporation in the Work of any invention, design, process, product, or device 2. shall anything in the Contract Documents which is the subject of patent rights or copyrights held by create any obligation on the part of Owner or Engineer to others. If a particular invention, design, process, product, pay or to see to the payment of any moneys due any such or device is specified in the Contract Documents for use Subcontractor, Supplier, or other individual or entity in the performance of the Work and if to the actual except as may otherwise be required by Laws and knowledge of Owner or Engineer its use is subject to Regulations. Owner or Engineer may furnish to any patent rights or copyrights calling for the payment of any Subcontractor, Supplier or other person or organization, license fee or royalty to others, the existence of such to the extent practicable, information about amounts paid rights shall be disclosed by Owner in the Contract to Contractor in accordance with Contractor's Documents. Applications for Payment on account of the particular Subcontractor's, Suppliers, or other person's or other B. To the fullest extent permitted by Laws and organization's Work. Regulations, Contractor shall indemnify and hold harmless Owner, and Engineer, Engineer's Consultants, D. Contractor shall be solely responsible for and the officers, directors, partners, employees, agents, scheduling and coordinating the Work of Subcontractors, consultants and subcontractors of each and any of them Suppliers,and other individuals or entities performing or from and against all claims, costs, losses, and damages furnishing any of the Work under a direct or indirect (including but not limited to all fees and charges of contract with Contractor. engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution E. Contractor shall require all Subcontractors, costs) arising out of or relating to any infringement of Suppliers, and such other individuals or entities patent rights or copyrights incident to the use in the performing or furnishing any of the Work to communicate performance of the Work or resulting from the with Engineer through Contractor. incorporation in the Work of any invention, design, process, product, or device not specified in the Contract F. The divisions and sections of the Documents. Specifications and the identifications of any Drawings 6.08 Permits shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be A. Unless otherwise provided in the performed by any specific trade. Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall G. All Work performed for Contractor by a assist Contractor, when necessary, in obtaining such Subcontractor or Supplier will be pursuant to an permits and licenses. Contractor shall pay all appropriate agreement between Contractor and the governmental charges and inspection fees necessary for Subcontractor or Supplier which specifically binds the the prosecution of the Work which are applicable at the Subcontractor or Supplier to the applicable terms and time of opening of Bids, or, if there are no Bids, on the conditions of the Contract Documents for the benefit of Effective Date of the Agreement. Owner shall pay all Owner and Engineer. Whenever any such agreement is charges of utility owners for connections for providing with a Subcontractor or Supplier who is listed as an permanent service to the Work. additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor 6.09 Lmvs and Regulations and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights A. Contractor shall give all notices required by against Owner, Contractor, af+d Engineer, Engineer's and shall comply with all Laws and Regulations Consultants,and all other individuals or entities identified applicable to the performance of the Work. Except where in the Supplementary Conditions to be listed as insureds otherwise expressly required by applicable Laws and or additional insureds (and the officers, directors, Regulations, neither Owner nor Engineer shall be partners, employees, agents, consultants and responsible for monitoring Contractor's compliance with subcontractors of each and any of them)for all losses and any Laws or Regulations. Standard General Conditions of the Construction Contract—00700—Page 22 of 44 H:\CORPORATE\RJMMORDP\ejcdc\C-700.std.gen.cond.doc 2/1 712 0 0 5 B. If Contractor performs any Work knowing or costs) arising out of or relating to any claim or action, having reason to know that it is contrary to Laws or legal or equitable,brought by any such owner or occupant Regulations, Contractor shall bear all claims, costs, against Owner, Engineer, or any other party indemnified losses, and damages(including but not limited to all fees hereunder to the extent caused by or based upon and charges of engineers, architects, attorneys, and other Contractor's performance of the Work. professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. B.Removal of Debris During Performance of the However, it shall not be Contractor's primary Work: During the progress of the Work Contractor shall responsibility to make certain that the Specifications and keep the Site and other areas free from accumulations of Drawings are in accordance with Laws and Regulations, waste materials, rubbish, and other debris. Removal and but this shall not relieve Contractor of Contractor's disposal of such waste materials,rubbish,and other debris obligations under Paragraph 3.03. shall conform to applicable Laws and Regulations. C.Changes in Laws or Regulations not known at C. Cleaning: Prior to Substantial Completion of the time of opening of Bids(or, on the Effective Date of the Work Contractor shall clean the Site and the Work the Agreement if there were no Bids)having an effect on and make it ready for utilization by Owner. At the the cost or time of performance of the Work shall may be completion of the Work Contractor shall remove from the the subject of an adjustment in Contract Price or Contract Site all tools, appliances, construction equipment and Times. If Owner and Contractor are unable to agree on machinery, and surplus materials and shall restore to entitlement to or on the amount or extent, if any, of any original condition all property not designated for such adjustment, a Claim may be made therefor as alteration by the Contract Documents. provided in Paragraph 10.05. D.Loading Structures: Contractor shall not load 6.10 Taxes nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall A. Contractor shall pay all sales,consumer, use, Contractor subject any part of the Work -er adjacent and other similar taxes required to be paid by Contractor property to stresses or pressures that will endanger it. in accordance with the Laws and Regulations of the place of the Project which are applicable during the 6.12 Record Documents performance of the Work. A.Contractor shall maintain in a safe place at the 6.11 Use of Site and Other Areas Site one record copy of all Drawings, Specifications, Addenda,Change Orders,Work Change Directives,Field A.Limitation on Use of Site and Other Areas Orders, and written interpretations and clarifications in good order and annotated to show changes made during 1. Contractor shall confine construction construction. These record documents together with all equipment, the storage of materials and equipment, and approved Samples and a counterpart of all approved Shop the operations of workers to the Site and other areas Drawings will be available to Engineer for reference. permitted by Laws and Regulations, and shall not Upon completion of the Work, these record documents, unreasonably encumber the Site and other areas with Samples, and Shop Drawings will be delivered to construction equipment or other materials or equipment. Engineer for Owner. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or B. The cost of any additional work required of occupant thereof, or of any adjacent land or areas the Engineer to complete the record documents due to resulting from the performance of the Work. failure of the Contractor to maintain adequate record documents shall be calculated at the hourly rates specified 2. Should any claim be made by any such owner in the Bid Form for unscheduled employment of the or occupant because of the performance of the Work, Engineer. Payment for such work shall be made by Contractor shall promptly settle with such other party by deduction from the monthly progress payments and the negotiation or otherwise resolve the claim by arbitration final payment as the costs are incurred. or other dispute resolution proceeding or at law. 6.13 Safety and Protection 3. To the fullest extent permitted by Laws and A. Contractor shall be solely responsible for Regulations, Contractor shall indemnify and hold initiating, maintaining and supervising all safety harmless Owner, awl Engineer, Engineers Consultants, and the officers, directors, partners, employees, agents, precautions and programs in connection with the Work. consultants and subcontractors of each and any of them Contractor shall take all necessary precautions for the from and against all claims, costs, losses, and damages safety and shall provide the necessary protection to d (including but not limited to all fees and charges of prevent damage,injury or loss to: engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution Standard General Conditions of the Construction Contract—00700—Page 23 of 44 H:\CORPORATE\RJM\WORDPkejcdc\C-700.std.gen.cond.doc 2/17/2005 i 1. all persons on the Site or who may be affected by safety and other inspectors employed by the by the Work; Contractor. 2. all the Work and materials and equipment to F. The Contractor shall be responsible for and be incorporated therein, whether in storage on or off the shall take necessary precautions and provide all material Site;and and equipment to protect, shore, brace, support and maintain all underground work and facilities, including 3. other property at the Site or adjacent thereto, pipes, conduits, drains, sewers, water mains, gas mains, including trees, shrubs, lawns, walks, pavements, cables, etc., and other underground construction work roadways, structures, utilities,and Underground Facilities uncovered in the proximity, or otherwise affected by the not designated for removal, relocation, or replacement in construction work performed by him. All pavement, the course of construction. surfacing, driveways,curbs,walks,buildings, grass areas, trees, utility poles or guy wires damaged by the B. Contractor shall comply with all applicable Contractor's operations in the performance of this work Laws and Regulations relating to the safety of persons or shall be repaired and/or replaced to the satisfaction of the property,or to the protection of persons or property from Owner, Engineer, and affected property owner at the damage, injury, or loss; and shall erect and maintain all Contractor's expense. The Contractor shall also be necessary safeguards for such safety and protection. responsible for all damage to streets, roads, highways, Contractor shall notify owners of adjacent property and of shoulders, ditches, embankments, culverts, bridges, or Underground Facilities and other utility owners when other public or private property or facili1y, regardless of location or character, which may be caused by the work, prosecution of the Work may affect them, and shall including moving, hauling, or otherwise transporting cooperate with them in the protection, removal, equipment,materials,or men to and from the work or any relocation,and replacement of their property. part of the site thereof, whether by him or his C. All damage, injury, or loss io any property subcontractors. The Contractor shall make satisfactory referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over,the damaged directly or indirectly, in whole or in part, by Contractor, property or facility concerning its repair or replacement or any Subcontractor, Supplier, or any other individual or payment of costs incurred in connection with said entity directly or indirectly employed by any of them to damage. perform any of the Work,or anyone for whose acts any of them may be liable, shall be remedied by Contractor G. The Contractor shall conduct his work so as (except damage or loss attributable to the fault of to interfere as little as possible with public travel,whether Drawings or Specifications or to the acts or omissions of vehicular or pedestrian. Whenever it is necessary to Owner or Engineer or Engineer's Consultants , or anyone cross, obstruct, or close roads, driveways, or walks, employed by any of them, or anyone for whose acts any whether pubic or private, the Contractor shall obtain of them may be liable, and not attributable, directly or approval from the governing paM and shall, at his own indirectly,in whole or in part,to the fault or negligence of expense, provide and maintain suitable and safe bridges, Contractor or any Subcontractor, Supplier, or other detours, and other temporary expedients for the individual or entity directly or indirectly employed by any accommodation of public and private drives before of them). interfering with them. Safety provisions must be entirely adequate and meet with City or State and Federal D. Contractor's duties and responsibilities for regulations to protect the public on these streets and safety and for protection of the Work shall continue until roads. The provisions for temporary expedients will not such time as all the Work is completed and Engineer has be required when the Contractor has obtained permission issued a notice to Owner and Contractor in accordance from the owner and tenant of the private property.or from the authority having jurisdiction over public property with Paragraph 14,07.B that the Work is acceptable involved,to obstruct traffic at the designated point. (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative E. It is expressly understood by the parties to this A. Contractor shall designate a qualified and Agreement that the Contractor is solely responsible for experienced safety representative at the Site whose duties initiating, maintaining,and supervising safety precautions and responsibilities shall be the prevention of accidents and programs in connection with the Work. While Owner and the maintaining and supervising of safety precautions and Engineer may have the right to observe and report or and programs. otherwise review the work, progress and operations of Contractor and any subcontractors or suppliers, this 6.15 Ha_ard Communication Programs observation, report or review shall not relieve Contractor A. Contractor shall be responsible for from anv of its covenants and obligations hereunder. coordinating any exchange of material safety data sheets Contractor shall incorporate all safety requirements into or other hazard communication information required to be its construction progress and work schedules, including made available to or exchanged between or among preconstruction and regularly scheduled safety meetings, employers at the Site in accordance with Laws or posted safety rules,tailgate meetings, and site inspections Regulations. Standard General Conditions of the Construction Contract—00700— Page 24 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 6.16 Emergencies a. all field measurements,quantities,dimensions, specified performance and design criteria, A. In emergencies affecting the safety or installation requirements, materials, catalog protection of persons or the Work or property at the Site numbers, and similar information with respect or adjacent thereto, Contractor is obligated to act to thereto; prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor b. the suitability of all materials with respect to believes that any significant changes in the Work or intended use, fabrication, shipping, handling, variations from the Contract Documents have been caused storage, assembly, and installation pertaining to thereby or are required as a result thereof. If Engineer the performance of the Work; determines that a change in the Contract Documents is required because of the action taken by Contractor in c. all information relative to Contractor's response to such an emergency,a Work Change Directive responsibilities for means, methods, techniques, or Change Order will be issued. sequences, and procedures of construction, and 6.17 Shop Drawings and Samples safety precautions and programs incident thereto; and A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in d. shall also have reviewed and coordinated each accordance with the acceptable Schedule of Submittals Shop Drawing or Sample with other Shop Drawings and Samples and with the (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. requirements of the Work and the Contract Documents. 1.Shop Drawings 2. Each submittal shall bear a stamp or specific a. Submit number of copies specified in the written certification that Contractor has satisfied General Requirements. Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that b. Data shown on the Shop Drawings will be submittal. complete with respect to quantities, dimensions, specified performance and design criteria, 3. With each submittal, Contractor shall give materials, and similar data to show Engineer the Engineer specific written notice of any variations,that the services, materials, and equipment Contractor Shop Drawing or Sample may have from the requirements proposes to provide and to enable Engineer to of the Contract Documents. This notice shall be both a review the information for the limited purposes written communication separate from the Shop Drawing's required by Paragraph 6.17.D. or Sample Submittal; and, in addition, by a specific 2. Samples: Contractor shall also submit notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each Samples to Engineer for review and approval in such variation. accordance with the acceptable schedule of Shop Drawings and Sample submittals. D. Engineer's Review a. Submit number of Samples specified in the Specifications. 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule b. Clearly identify each Sample as to material, of Submittals acceptable to Engineer. Engineer's review Supplier,pertinent data such as catalog numbers, and approval will be only to determine if the items the use for which intended and other data as covered by the submittals will, after installation or Engineer may require to enable Engineer to incorporation in the Work, conform to the information he submittal for the limited purposes given in the Contract Documents and be compatible with review t the design concept of the completed Project as a required he Paragraph 6or the f functioning whole as indicated by the Contract Docu- B. Where a Shop Drawing or Sample is required ments. by the Contract Documents or the Schedule of Submittals, 2 any related Work performed prior to Engineer's review Engineer's review and approval will not extend to means, methods, techniques, sequences, or and approval of the pertinent submittal will be at the sole procedures of construction (except where a particular expense and responsibility of Contractor. means, method, technique, sequence, or procedure of C.Submittal Procedures construction is specifically and expressly called for by the Contract Documents)or to safety precautions or programs 1. Before submitting each Shop Drawing or incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in Sample,Contractor shall have determined and verified: which the item functions. Standard General Conditions of the Construction Contract—00700—Page 25 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 3. Engineer's review and approval shall not 3. the issuance of a certificate of Substantial relieve Contractor from responsibility for any variation Completion by Engineer or any payment related thereto from the requirements of the Contract Documents unless by Owner; Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written 4. use or occupancy of the Work or any part approval of each such variation by specific written thereof by Owner; notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval 5.any review and approval of a Shop Drawing or shall not relieve Contractor from responsibility for Sample submittal or the issuance of a notice of complying with the requirements of Paragraph 6.17.C.I. acceptability by Engineer; E. Resubmittal Procedures 6.any inspection,test,or approval by others;or 1. Contractor shall make corrections required by 7.any correction of defective Work by Owner. Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as 6.20 Indemnification required, new Samples for review and approval. Contractor shall direct specific attention in writing to A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold revisions other than the corrections called for by Engineer r re previous submittals. harmless Owner, aftd Engineer, Engineer's Consultants, on and the officers, directors, partners, employees, agents, 6.18 Continuing the If ork consultants and subcontractors of each and any of them from and against all claims, demands, liability, costs, A.Contractor shall carry on the Work and adhere losses, and damages (including but not limited to all fees to the Progress Schedule during all disputes or and charges of engineers, architects, attorneys, and other disagreements with Owner. No Work shall be delayed or professionals and all court or arbitration or other dispute postponed pending resolution of any disputes or resolution costs) caused by, arising out of or relating to disagreements,except as permitted by Paragraph 15.04 or the performance of the Work, provided that any such as Owner and Contractor may otherwise agree in writing. claim, demand, liability, cost, loss, or damage is attributable to bodily injury, sickness, disease, mental 6.19 Contractor's General Warranthl and Guarantee anguish,or death,or to injury to or destruction of tangible property(other than the WeFli itself) including the loss of A. Contractor warrants and guarantees to Owner use resulting therefrom but only to the extent caused by that all Work will be in accordance with the Contract any negiieeet act or omission of Contractor, any Documents and will not be defective. Engineer and its Subcontractor, any Supplier, or any individual or entity Related Entities shall be entitled to rely on representation directly or indirectly employed by any of them to perform of Contractor's warranty and guarantee. or furnish any of the Work or anyone for whose acts any of them may be liable. B. Contractor's warranty and guarantee B. While Owner and Engineer may have the hereunder excludes defects or damage caused by: right to observe or otherwise review the work, progress 1. abuse, modification, or improper maintenance and operations of the Contractor, and any Subcontractors or operation by persons other than Contractor, or Suppliers, it is expressly understood and agreed that Subcontractors, Suppliers, or any other individual or this observation, report or review shall not relieve the Contractor from any of its covenants and obligations entity for whom Contractor is responsible;or hereunder. 2.normal wear and tear under normal usage. C. B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, C. Contractor's obligation to perform and officers, directors, partners, or employees by any complete the Work in accordance with the Contract employee (or the survivor or personal representative of Documents shall be absolute. None of the following will such employee) of Contractor, any Subcontractor, any constitute an acceptance of Work that is not in accordance Supplier,or any individual or entity directly or indirectly with the Contract Documents or a release of Contractor's employed by any of them to perform or furnish any of the obligation to perform the Work in accordance with the Work, or anyone for whose acts any of them may be Contract Documents: liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation 1.observations by Engineer; on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such 2. recommendation by Engineer or payment by Subcontractor, Supplier, or other individual or entity Owner of any progress or final payment; under workers' compensation acts, disability benefit acts, or other employee benefit acts. Standard General Conditions of the Construction Contract—00700—Page 26 of 44 H:ICORPORATEIRJMIWORDPkejcdclC-700.std.gen.cond.doc 2/17/2005 D. E The indemnification obligations of D. Pursuant to this Paragraph 6.21, Engineer's Contractor under Paragraph 6.20.A shall not extend to the review and approval of design calculations and design liability of Engineer and Engineer's Consultants or to the drawings will be only for the limited purpose of checking officers, directors, partners, employees, agents, for conformance with performance and design criteria consultants and subcontractors arising out of: given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop 1.the preparation or approval of,or the failure to Drawings and other submittals(except design calculations prepare or approve, maps, Drawings, opinions, reports, and design drawings) will be only for the purpose stated surveys,Change Orders,designs,or Specifications;or in Paragraph 6.17.D.1. 2. giving directions or instructions, or failing to E. Contractor shall not be responsible for the give them, if that is the primary cause of the injury or adequacy of the performance or design criteria required damage. by the Contract Documents. E. The exceptions to Contractor's indemnification obligations under paragraph 6.20.13 shall ARTICLE 7-OTHER WORK AT THE SITE not apply to any claim or demand against Engineer and Engineer's Consultants or to the officers, directors, partners, employees, agents and other consultants and 7.01 Related Work at Site subcontractors of each and any of them which is based on asserted liability for the reporting or failing to report of A. Owner may perform other work related to the matters relating to alleged health and safety violations in Project at the Site with Owner's employees, or via other connection with the work of Contractor and any direct contracts therefor,or have other work performed by Subcontractor or Supplier. utility owners. If such other work is not noted in the 6.21 Delegation of Professional Design Services Contract Documents,then: 1. written notice thereof will be given to A. Contractor will not be required to provide Contractor prior to starting any such other work;and professional design services unless such services are specifically required by the Contract Documents for a 2. if Owner and Contractor are unable to agree portion of the Work or unless such services are required on entitlement to or on the amount or extent, if any, of to carry out Contractor's responsibilities for construction any adjustment in the Contract Price or Contract Times means, methods, techniques, sequences and procedures. that should be allowed as a result of such other work, a Contractor shall not be required to provide professional Claim may be made therefor as provided in Paragraph services in violation of applicable law. 10.05. B. If professional design services or B. Contractor shall afford each other contractor certifications by a design professional related to systems, who is a party to such a direct contract,each utility owner materials or equipment are specifically required of and Owner, if Owner is performing other work with Contractor by the Contract Documents, Owner and Owner's employees, proper and safe access to the Site, a Engineer will specify all performance and design criteria reasonable opportunity for the introduction and storage of that such services must satisfy. Contractor shall cause materials and equipment and the execution of such other such services or certifications to be provided by a work, and shall properly coordinate the Work with theirs. properly licensed professional, whose signature and seal Contractor shall do all cutting, fitting,and patching of the shall appear on all drawings, calculations, specifications, Work that may be required to properly connect or certifications, Shop Drawings and other submittals otherwise make its several parts come together and prepared by such professional. Shop Drawings and other properly integrate with such other work. Contractor shall submittals related to the Work designed or certified by not endanger any work of others by cutting, excavating, such professional, if prepared by others, shall bear such or otherwise altering their work and will only cut or alter professional's written approval when submitted to their work with the written consent of Engineer and the Engineer. others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for C. Owner and Engineer shall be entitled to rely the benefit of such utility owners and other contractors to upon the adequacy, accuracy and completeness of the the extent that there are comparable provisions for the services, certifications or approvals performed by such benefit of Contractor in said direct contracts between design professionals, provided Owner and Engineer have Owner and such utility owners and other contractors. specified to Contractor all performance and design criteria that such services must satisfy. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any Standard General Conditions of the Construction Contract—00700—Page 27 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 delays, defects, or deficiencies in such other work that 8.03 Furnish Data render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's A. Owner shall promptly furnish the data failure to so report will constitute an acceptance of such required of Owner under the Contract Documents. other work as fit and proper for integration with Contractor's Work except for latent defects and 8.04 Pay When Due deficiencies in such other work. A. Owner shall make payments to Contractor 7.02 Coordination when they are due as provided in Paragraphs 14.02.0 and 14.07.C. A. If Owner intends to contract with others for the performance of other work on the Project at the Site, 8.05 Lands and Easements;Reports and Tests the following will be set forth in Supplementary A. Owner's duties in respect of providing lands Conditions: and easements and providing engineering surveys to 1. the individual or entity who will have establish reference points are set forth in Paragraphs 4.01 authority and responsibility for coordination of the and 4.05. Paragraph 4.02 refers to Owner's identifying activities among the various contractors will be identified; and making available to Contractor copies of reports of explorations and tests of subsurface conditions and 2. the specific matters to be covered by such drawings of physical conditions in or relating to existing authority and responsibility will be itemized;and surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the 3. the extent of such authority and Contract Documents. responsibilities will be provided. 8.06 Insurance B. Unless otherwise provided in the A. Owner's responsibilities, if any, in respect to Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. purchasing and maintaining liability and property insurance are set forth in Article 5. 7.03 Legal Relationships 8.07 Change Orders A.Paragraphs 7.0 LA and 7.02 are not applicable for utilities not under the control of Owner. A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. B. Each other direct contract of Owner under Paragraph 7.0I.A shall provide that the other contractor is 8.08 Inspections, Tests,and.gpprovals liable to Owner and Contractor for the reasonable direct A. Owner's responsibility in respect to certain delay and disruption costs incurred by Contractor as a inspections, tests, and approvals is set forth in Paragraph result of the other contractor's actions or inactions. 13.03.B. C. Contractor shall be liable to Owner and any 8.09 Limitations on Owner's Responsibilities other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a A.The Owner shall not supervise,direct,or have result of Contractor's action or inactions. control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and ARTICLE 8-OWNER'S RESPONSIBILITIES 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 8.01 Communications to Contractor for Contractor's failure to perform the Work in accordance with the Contract Documents. A.Except as otherwise provided in these General Conditions, Owner shall issue all communications to 8.10 Undisclosed Hazardous Environmental Contractor through Engineer. Condition 8.02 Replacement of Engineer A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set A. In case of termination of the employment of forth in Paragraph 4.06. 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. Standard General Conditions of the Construction Contract—00700—Page 28 of 44 H:\CORPORATEkRJM\WORDP\ejcdc\C-700.std.gen.r-ond.doc 211712005 8.11 Evidence of Financial Arrangements Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as A. If and to the extent Owner has agreed to provided in the Supplementary Conditions, and furnish Contractor reasonable evidence that financial limitations on the responsibilities thereof will be as arrangements have been made to satisfy Owner's provided in Paragraph 9.09. If Owner designates another obligations under the Contract Documents, Owner's representative or agent to represent Owner at the Site who responsibility in respect thereof will be as set forth in the is not Engineer's consultant, agent or employee, the Supplementary Conditions. responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in 9.01 Owner's Representative the Work from the requirements of the Contract Documents which do not involve an adjustment in the A. Engineer will be Owner's representative Contract Price or the Contract Times and are compatible during the construction period. The duties and with the design concept of the completed Project as a responsibilities and the limitations of authority of functioning whole as indicated by the Contract Engineer as Owner's representative during construction Documents.These may be accomplished by a Field Order are set forth in the Contract Documents and will not be and will be binding on Owner and also on Contractor, changed without written consent of Owner and Engineer. who shall perform the Work involved promptly.If Owner or Contractor believes that a Field Order justifies an 9.02 Visits to Site adjustment in the Contract Price or Contract Times, or both,and the parties are unable to agree on entitlement to A. Engineer will make visits to the Site at or on the amount or extent,if any,of any such adjustment, intervals appropriate to the various stages of construction a Claim may be made therefor as provided in Paragraph as Engineer deems necessary in order to observe as an 10.05. experienced and qualified design professional the progress that has been made and the quality of the various B. However, there will be no relaxing, aspects of Contractor's executed Work. Based on substituting or qualifying any portion of the information obtained during such visits and observations, Specifications, unless such change is approved in writing Engineer, for the benefit of Owner, will determine, in by the Engineer and Owner. general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to 9.05 Rejecting Defective Work make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's A. Engineer will have authority to reject Work efforts will be directed toward providing for Owner a which Engineer believes to be defective,or that Engineer greater degree of confidence that the completed Work will believes will not produce a completed Project that conform generally to the Contract Documents. On the conforms to the Contract Documents or that will prejudice basis of such visits and observations, Engineer will keep the integrity of the design concept of the completed Owner informed of the progress of the Work and will Project as a functioning whole as indicated by the endeavor to guard Owner against defective Work. Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as B. Engineer's visits and observations are subject provided in Paragraph 13.04, whether or not the Work is to all the limitations on Engineer's authority and fabricated,installed,or completed. responsibility set forth in Paragraph 9.09.Particularly,but without limitation, during or as a result of Engineer's 9.06 Shop Drawings, Change Orders and Payments visits or observations of Contractor's Work Engineer will not supervise,direct,control,or have authority over or be A. In connection with Engineer's authority, and r limitations thereof,as to Shop Drawings and Samples,see responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety Paragraph 6.17. precautions and programs incident thereto, or for any B. In connection with Engineer's authority, and failure of Contractor to comply with Laws and limitations thereof, as to design calculations and design Regulations applicable to the performance of the Work. drawings submitted in response to a delegation of 9.03 Project Representative professional design services,if any,see Paragraph 6.21. C. In connection with Engineer's authority as to A. If Owner and Engineer agree, Engineer will Change Orders,see Articles 10, 11,and 12. furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Standard General Conditions of the Construction Contract—00700—Page 29 of 44 H:\CORPORATE\RJM\WORDPkejcdc\C-700.std.gen.cond.doc 2/1712005 D. In connection with Engineer's authority as to Contractor, any Subcontractor, any Supplier, any other Applications for Payment,see Article 14. individual or entity, or to any surety for or employee or agent of any of them. 9.07 Determinations for Unit Price Work B.Engineer will not supervise,direct,control,or A. Engineer will determine the actual quantities have authority over or be responsible for Contractor's and classifications of Unit Price Work performed by means, methods, techniques, sequences, or procedures of Contractor. Engineer will review with Contractor the construction, or the safety precautions and programs Engineer's preliminary determinations on such matters incident thereto, or for any failure of Contractor to before rendering a written decision thereon (by comply with Laws and Regulations applicable to the recommendation of an Application for Payment or performance of the Work. Engineer will not be otherwise). Engineer's written decision thereon will be responsible for Contractor's failure to perform the Work final and binding (except as modified by Engineer to in accordance with the Contract Documents. reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of C. Engineer will not be responsible for the acts Paragraph 10.05. or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing 9.08 Decisions on Requirements of Contract any of the Work. Documents and Acceptability of Work D. Engineer's review of the final Application for A. Engineer will be the initial interpreter of the payment and accompanying documentation and all requirements of the Contract Documents and judge of the maintenance and operating instructions, schedules, acceptability of the Work thereunder. All matters in guarantees, bonds, certificates of inspection, tests and question and other matters between Owner and Contractor approvals, and other documentation required to be arising prior to the date final payment is due relating to delivered by Paragraph 14.07.A will only be to determine the acceptability of the Work,and the interpretation of the generally that their content complies with the requirements of the Contract Documents pertaining to the requirements of, and in the case of certificates of performance of the Work, will be referred initially to inspections, tests, and approvals that the results certified Engineer in writing within 30 days of the event giving rise indicate compliance with the Contract Documents. to the question. E. The limitations upon authority and B. Engineer will, with reasonable promptness, responsibility set forth in this Paragraph 9.09 shall also render a written decision on the issue referred. If Owner apply to Engineer's Consultants, if any, the Resident or Contractor believe that any such decision entitles them project Representative, if any,and assistants,if any. 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 ARTICLE 10-CHANGES IN THE WORK;CLAIMS event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue 10.01 Authorised Changes in the Work referred will be final and binding on Owner and A. Without invalidating the Contract and without Contractor,subject to the provisions of Paragraph 10.05. notice to any surety,Owner may,at any time or from time D. When functioning as interpreter and judge to time, order additions, deletions, or revisions in the under this Paragraph 9.08, Engineer will not show Work by a Change Order, or a Work Change Directive. partiality to Owner or Contractor and will not be liable in Upon receipt of any such document, Contractor shall connection with any interpretation or decision rendered in promptly proceed with the Work involved which will be good faith in such capacity. performed under the applicable conditions of the Contract Documents(except as otherwise specifically provided). 9.09 Limitations on Engineer's Authority and B. If Owner and Contractor are unable to agree Responsibilities on entitlement to,or on the amount or extent,if any,of an A.Neither Engineer's authority or responsibility adjustment in the Contract Price or Contract Times, or under this Article 9 or under any other provision of the both,that should be allowed as a result of a Work Change Contract Documents nor any decision made by Engineer Directive, a Claim may be made therefor as provided in in good faith either to exercise or not exercise such Paragraph 10.05. authority or responsibility or the undertaking,exercise,or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Standard General Conditions of the Construction Contract—00700—Page 30 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/1 712 0 0 5 10.02 Unauthorized Changes in the Work B. Notice: Written notice stating the general nature of each Claim,shall be delivered by the claimant to A. Contractor shall not be entitled to an increase Engineer and the other party to the Contract promptly(but in the Contract Price or an extension of the Contract in no event later than 30 days) after the start of the event Times with respect to any work performed that is not giving rise thereto. The responsibility to substantiate a required by the Contract Documents as amended, Claim shall rest with the party making the Claim. Notice modified, or supplemented as provided in Paragraph 3.04, of the amount or extent of the Claim,with supporting data except in the case of an emergency as provided in shall be delivered to the Engineer and the other party to Paragraph 6.16 or in the case of uncovering Work as the Contract within 60 days after the start of such event provided in Paragraph 13.04.13. (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such 10.03 Execution of Change Orders Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of A. Owner and Contractor shall execute Paragraph 12.01.13.A Claim for an adjustment in Contract appropriate Change Orders recommended by Engineer Time shall be prepared in accordance with the provisions covering: of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment 1. changes in the Work which are: (i)ordered by claimed is the entire adjustment to which the claimant Owner pursuant to Paragraph 10.0l.A, (ii) required believes it is entitled as a result of said event. The because of acceptance of defective Work under Paragraph opposing party shall submit any response to Engineer and 13.08.A or Owner's correction of defective Work under the claimant within 30 days after receipt of the claimant's Paragraph 13.09,or(iii)agreed to by the parties; last submittal(unless Engineer allows additional time). 2. changes in the Contract Price or Contract C. Engineer's Action: Engineer will review each Times which are agreed to by the parties, including any Claim and, within 30 days after receipt of the last undisputed sum or amount of time for Work actually submittal of the claimant or the last submittal of the performed in accordance with a Work Change Directive; opposing party, if any, take one of the following actions and in writing: 3. changes in the Contract Price or Contract 1.deny the Claim in whole or in part, Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 2.approve the Claim,or 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such 3.notify the parties that the Engineer is unable to decision in accordance with the provisions of the Contract resolve the Claim if, in the Engineer's sole discretion, it Documents and applicable Laws and Regulations, but would be inappropriate for the Engineer to do so. For during any such appeal, Contractor shall carry on the purposes of further resolution of the Claim, such notice Work and adhere to the Progress Schedule as provided in shall be deemed a denial. Paragraph 6.18.A. D.In the event that Engineer does not take action 10.04 Notification to Suretti on a Claim within said 30 days, the Claim shall be deemed denied. A. If notice of any change affecting the general scope of the Work or the provisions of the Contract E. Engineer's written action under Paragraph Documents (including, but not limited to, Contract Price 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or or Contract Times) is required by the provisions of any 10.05.13 will be final and binding upon Owner and bond to be given to a surety,the giving of any such notice Contractor, unless Owner or Contractor invoke the will be Contractor's responsibility. The amount of each dispute resolution procedure set forth in Article 16 within applicable bond will be adjusted to reflect the effect of 30 days of such action or denial. any such change. F. No Claim for an adjustment in Contract Price 10.05 Claims or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. 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. Standard General Conditions of the Construction Contract—00700—Page 31 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 ARTICLE I - COST OF THE WORK; and fee shall be determined in the same manner as ALLOWANCES;UNIT PRICE WORK Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 11.01 Cost of the Work 4. Costs of special consultants(including but not limited to engineers, architects, testing laboratories, A. Costs Included: The term Cost of the Work surveyors, attorneys, and accountants) employed for means the sum of all costs, except those excluded in services specifically related to the Work. Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When 5.Supplemental costs including the following: the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is a. The proportion of necessary transportation, determined on the basis of Cost of the Work,the costs to travel, and subsistence expenses of Contractor's be reimbursed to Contractor will be only those additional employees incurred in discharge of duties or incremental costs required because of the change in the connected with the Work. Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Cost, including transportation and m Owner, such costs shall be in amounts no higher than maintenance, of all materials, supplies, those prevailing in the locality of the Project,shall include equipment, machinery, appliances, office, and only the following items, and shall not include any of the temporary facilities at the Site, and hand tools costs itemized in Paragraph 11.01.13. not owned by the workers, which are consumed in the performance of the Work, and cost, less 1. Payroll costs for employees in the direct market value, of such items used but not employ of Contractor in the performance of the Work consumed which remain the property of under schedules of job classifications agreed upon by Contractor. Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other c. Rentals all construction equipment and an personnel employed full time at the Site. Payroll costs for machinery, and the parts thereof whether rented employees not employed full time on the Work shall be from Contractor or others in accordance with apportioned on the basis of their time spent on the Work. rental agreements approved by Owner with the Payroll costs shall include, but not be limited to, salaries advice of Engineer, and the costs of and wages plus the cost of fringe benefits, which shall transportation, loading, unloading, assembly, include social security contributions, unemployment, dismantling, and removal thereof. All such costs excise, and payroll taxes, workers' compensation, health shall be in accordance with the terms of said and retirement benefits, bonuses, sick leave,vacation and rental agreements. The rental of any such holiday pay applicable thereto. The expenses of equipment, machinery, or parts shall cease when performing Work outside of regular working hours, on the use thereof is no longer necessary for the Saturday, Sunday, or legal holidays, shall be included in Work. the above to the extent authorized by Owner. d. Sales, consumer, use, and other similar taxes 2. Cost of all materials and equipment furnished related to the Work, and for which Contractor is and incorporated in the Work, including costs of liable,imposed by Laws and Regulations. transportation and storage thereof, and Suppliers' field e. Deposits lost for causes other than negligence services required in connection therewith. All cash of Contractor, any Subcontractor, or anyone discounts shall accrue to Contractor unless Owner directly or indirectly employed by any of them or deposits funds with Contractor with which to make for whose acts any of them may be liable, and payments,in which case the cash discounts shall accrue to royalty payments and fees for permits and Owner. All trade discounts, rebates and refunds and licenses. returns from sale of surplus materials and equipment shall accrue to Owner,and Contractor shall make provisions so f. Losses and damages (and related expenses) that they may be obtained. caused by damage to the Work,not compensated 3. Payments made by Contractor to by insurance or otherwise, sustained by Contractor in connection with the performance Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive of the Work (except losses and damages within the deductible amounts of property insurance bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner,who will established in accordance with Paragraph then determine, with the advice of Engineer, which bids, 5.06.D), provided such losses and damages have resulted from causes other than the ne if any,will be acceptable. If any subcontract provides that gligence of the Subcontractor is to be paid on the basis of Cost of the Contractor, any Subcontractor, or anyone Work plus a fee, the Subcontractor's Cost of the Work directly or indirectly employed by any of them or for whose acts any of them may be liable. Such Standard General Conditions of the Construction Contract—00700—Page 32 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 losses shall include settlements made with the D. Documentation: Whenever the Cost of the written consent and approval of Owner.No such Work for any purpose is to be determined pursuant to losses, damages, and expenses shall be included Paragraphs I LOLA and 11.01.13,Contractor will establish in the Cost of the Work for the purpose of and maintain records thereof in accordance with generally determining Contractor's fee. accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown g. The cost of utilities, fuel, and sanitary together with supporting data. facilities at the Site. 11.02 Allowances h. Minor expenses such as telegrams, long A. It is understood that Contractor has included distance telephone calls, telephone service at the in the Contract Price all allowances so named in the Site, expresses, and similar petty cash items in connection with the Work. Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or i. The costs of premiums for all bonds and entities as may be acceptable to Owner and Engineer. insurance Contractor is required by the Contract Documents to purchase and maintain. B.Cash Allowances B. Costs Excluded: The term Cost of the Work 1.Contractor agrees that: shall not include any of the following items: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) 1. Payroll costs and other compensation of of materials and equipment required by the Contractor's officers, executives, principals (of allowances to be delivered at the Site, and all partnerships and sole proprietorships), general managers, applicable taxes;and safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and b. Contractor's costs for unloading and handling contracting agents, expediters, timekeepers, clerks, and on the Site, labor, installation , overhead, profit, other personnel employed by Contractor, whether at the and other expenses contemplated for the cash Site or in Contractor's principal or branch office for allowances have been included in the Contract general administration of the Work and not specifically Price and not in the allowances, and no demand included in the agreed upon schedule of job classifications for additional payment on account of any of the referred to in Paragraph 11.0I.A.I or specifically covered foregoing will be valid. by Paragraph 11.O1.A.4,all of which are to be considered administrative costs covered by the Contractor's fee. C.Contingency Allowance 2.Expenses of Contractor's principal and branch 1. Contractor agrees that a contingency offices other than Contractor's office at the Site. allowance, if any, is for the sole use of Owner to cover 3. Any part of Contractor's capital expenses, unanticipated costs. including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent D. Prior to final payment,an appropriate Change payments. Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work 4.Costs due to the negligence of Contractor,any covered by allowances, and the Contract Price shall be Subcontractor, or anyone directly or indirectly employed correspondingly adjusted. by any of them or for whose acts any of them may be liable, including but not limited to, the correction of 11.03 Unit Price Work defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to A. Where the Contract Documents provide that property. all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit 5. Other overhead or general expense costs of Price Work an amount equal to the sum of the unit price any kind and the costs of any item not specifically and for each separately identified item of Unit Price Work expressly included in Paragraphs 1 I.0LA and 11.0I.B. times the estimated quantity of each item as indicated in the Agreement. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall B. The estimated quantities of items of Unit be determined as set forth in the Agreement. When the Price Work are not guaranteed and are solely for the value of any Work covered by a Change Order or when a purpose of comparison of Bids and determining an initial Claim for an adjustment in Contract Price is determined Contract Price. Determinations of the actual quantities on the basis of Cost of the Work,Contractor's fee shall be and classifications of Unit Price Work performed by determined as set forth in Paragraph 12.01.C. Standard General Conditions of the Construction Contract—00700—Page 33 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 Contractor will be made by Engineer subject to the mutually agreed lump sum (which may include an t provisions of Paragraph 9.07. allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2);or C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover 3. where the Work involved is not covered by Contractor's overhead and profit for each separately unit prices contained in the Contract Documents and identified item. agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work D. Owner or Contractor may make a Claim for (determined as provided in Paragraph 11.01) plus a an adjustment in the Contract Price in accordance with Contractor's fee for overhead and profit (determined as Paragraph 10.05 if: provided in Paragraph 12.01.C). 1. the quanfit�, of an), item of Unit Pfiee WeFIE C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: indieated in the Agreemem;and 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 1. the guantity of a particular item of Unit Price of the Cost of the Work: Work performed by Contractor differs by more than 25 percent from the estimated quantity of such item indicated a. for costs incurred under Paragraphs I I.01.A.1 in the Agreement: and and 11.0I.A.2, the Contractor's fee shall be 15 percent; 2. the total cost of the particular individual item of Unit Price Work amounts to 10 percent or more of the b. for costs incurred under Paragraph 11.01.A.3, Contract Price which is the total sum of all schedules (if the Contractor's fee shall be five percent; an • and c.where one or more tiers of subcontracts are on 3. Contractor believes that Contractor is entitled the basis of Cost of the Work plus a fee and no to an increase in Contract Price as a result of having fixed fee is agreed upon, the intent of Paragraph incurred additional expense or Owner believes that Owner 12.01.C.2.a is that the Subcontractor who is entitled to a decrease in Contract Price and the parties actually performs the Work,at whatever tier,will are unable to agree as to the amount of any such increase be paid a fee of 15 percent of the costs incurred or decrease. by such Subcontractor under Paragraphs 11.01.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a ARTICLE 12 - CHANGE OF CONTRACT PRICE; fee of five percent of the amount paid to the next CHANGE OF CONTRACT TIMES lower tier Subcontractor; d. no fee shall be payable on the basis of costs 12.01 Change of Contract Price itemized under Paragraphs 11.0I.A.4, 11.0I.A.5, and 11.01.13; A.The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the e. the amount of credit to be allowed by Contract Price shall be based on written notice submitted Contractor to Owner for any change which by the party making the Claim to the Engineer and the results in a net decrease in cost will be the other party to the Contract in accordance with the amount of the actual net decrease in cost plus a provisions of Paragraph 10.05. deduction in Contractor's fee by an amount equal B. The value of any Work covered by a Change to five percent of such net decrease;and Order or of any Claim for an adjustment in the Contract f. when both additions and credits are involved Price will be determined as follows: in any one change, the adjustment in 1. where the Work involved is covered by unit Contractor's fee shall be computed on the basis prices contained in the Contract Documents, by of the net change in accordance with Paragraphs application of such unit prices to the quantities of the 12.01.0 2.a through 12.01.C.2.e,inclusive. items involved (subject to the provisions of Paragraph 11.03);or D. Lump sum quotations for modifications to the Work shall include substantiating documentation with an 2, where the Work involved is not covered by itemized breakdown of direct project related Contractor unit prices contained in the Contract Documents, by a and Subcontractor costs, including labor, materials, Standard General Conditions of the Construction Contract—00700—Page 34 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 rentals, and approved services as summarized in arbitration or other dispute resolution costs) sustained by paragraphs 11 01A 1 through 11.0l.A.4• and overhead Contractor on or in connection with any other project or and profit(fixed fee)as defined in paragraph 12.01.C. anticipated project. 12.02 Change of Contract Times E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays A. The Contract Times may only be changed by within the control of Contractor. Delays attributable to a Change Order. Any Claim for an adjustment in the and within the control of a Subcontractor or Supplier shall Contract Times shall be based on written notice submitted be deemed to be delays within the control of Contractor. by the party making the Claim to the Engineer and the other party to the Contract in accordance with the F. Should the Contractor request a construction provisions of Paragraph 10.05. shutdown due to the reasons listed in paragraph 12.03.A and should a shutdown be approved by the Engineer and B. Any adjustment of the Contract Times Owner, all work on the project shall cease. The Engineer covered by a Change Order or any Claim for an will not be available for work inspection durin_ such adjustment in the Contract Times will be determined in shutdowns and any work completed by the Contractor accordance with the provisions of this Article 12. during such shutdown will not be accepted by Engineer or Owner. 12.03 Delays A. Where Contractor is prevented from ARTICLE 13 - TESTS AND INSPECTIONS; completing any part of the Work within the Contract CORRECTION, REMOVAL OR ACCEPTANCE OF Times due to delay beyond the control of Contractor, the DEFECTIVE WORK 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 13.01 Notice of Defects control of Contractor shall include, but not be limited to, acts or neglect by Owner,acts or neglect of utility owners A. Prompt notice of all defective Work of which or other contractors performing other work as Owner or Engineer has actual knowledge will be given to contemplated by Article 7, fires, floods, epidemics, Contractor. All defective Work may be rejected, abnormal weather conditions,or acts of God. corrected,or accepted as provided in this Article 13. B. If Owner, Engineer, or other contractors or 13.02 Access to Work utility owners performing other work for Owner as contemplated by Article 7,or anyone for whom Owner is A. Owner, Engineer, their consultants and other responsible, delays, disrupts, or interferes with the representatives and personnel of Owner, independent performance or progress of the Work, then Contractor testing laboratories, and governmental agencies with shall be entitled to an equitable adjustment in the Contract jurisdictional interests will have access to the Site and the Price or the Contract Times , or both. Contractor's Work at reasonable times for their observation, entitlement to an adjustment of the Contract Times is inspecting, and testing. Contractor shall provide them conditioned on such adjustment being essential to proper and safe conditions for such access and advise Contractor's ability to complete the Work within the them of Contractor's Site safety procedures and programs Contract Times. so that they may comply therewith as applicable. C. If Contractor is delayed in the performance or 13.03 Tests and Inspections progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of A. Contractor shall give Engineer timely notice utility owners not under the control of Owner, or other of readiness of the Work for all required inspections, causes not the fault of and beyond control of Owner and tests,or approvals and shall cooperate with inspection and Contractor, then Contractor shall be entitled to an testing personnel to facilitate required inspections or tests. equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete B. Owner shall employ and pay for the services the Work within the Contract Times. Such an adjustment of an independent testing laboratory to perform all shall be Contractor's sole and exclusive remedy for the inspections, tests, or approvals required by the Contract delays described in this Paragraph 12.03.C. Documents except: D. Owner, Engineer and the Related Entities of 1. for inspections, tests, or approvals covered by each of them shall not be liable to Contractor for any Paragraphs 13.03.0 and 13.03.13 below; claims, costs, losses, or damages (including but not 2. that costs incurred in connection with tests or limited to all fees and charges of Engineers, architects, inspections conducted pursuant to Paragraph 13.04.13 attorneys, and other professionals and all court or Standard General Conditions of the Construction Contract—00700—Page 35 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 shall be paid as provided in said Paragraph 13.04.C;and replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price.if 3. as otherwise specifically provided in the the parties are unable to agree as to the amount thereof, Contract Documents. Owner may make a Claim therefor as provided in Paragraph 10.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) D. If, the uncovered Work is not found to be specifically to be inspected, tested, or approved by an defective, Contractor shall be allowed an increase in the employee or other representative of such public body, Contract Price or an extension of the Contract Times, or Contractor shall assume full responsibility for arranging both, directly attributable to such uncovering, exposure, and obtaining such inspections,tests,or approvals,pay all observation, inspection, testing, replacement, and costs in connection therewith, and furnish Engineer the reconstruction. If the parties are unable to agree as to the required certificates of inspection or approval. amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with 13.05 Owner May Stop the Work any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to A. If the Work is defective,or Contractor fails to be incorporated in the Work; or acceptance of materials, supply sufficient skilled workers or suitable materials or mix designs, or equipment submitted for approval prior to equipment, or fails to perform the Work in such a way Contractor's purchase thereof for incorporation in the that the completed Work will conform to the Contract Work. Such inspections, tests, or approvals shall be Documents, Owner may order Contractor to stop the performed by organizations acceptable to Owner and Work, or any portion thereof, until the cause for such Engineer. order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part E. If any Work (or the work of others)that is to of Owner to exercise this right for the benefit of be inspected,tested,or approved is covered by Contractor Contractor, any Subcontractor, any Supplier, any other without written concurrence of Engineer, it must, if individual or entity, or any surety for, or employee or requested by Engineer,be uncovered for observation. agent of any of them. F. Uncovering Work as provided in Paragraph 13.06 Correction or Removal of Defective Work 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of A. Promptly after receipt of notice, Contractor Contractor's intention to cover the same and Engineer has shall correct all defective Work, whether or not not acted with reasonable promptness in response to such fabricated, installed, or completed, or, if the Work has notice. been rejected by Engineer,remove it from the Project and replace it with Work that is not defective.Contractor shall 13.04 Uncovering work pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,architects, A.If any Work is covered contrary to the written attorneys, and other professionals and all court or request of Engineer, it must, if requested by Engineer, be arbitration or other dispute resolution costs) arising out of uncovered for Engineer's observation and replaced at or relating to such correction or removal (including but Contractor's expense. not limited to all costs of repair or replacement of work of others). B.If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected B. When correcting defective Work under the or tested by others, Contractor, at Engineer's request, terms of this Paragraph 13.06 or Paragraph 13.07, shall uncover, expose, or otherwise make available for Contractor shall take no action that would void or observation, inspection, or testing as Engineer may otherwise impair Owner's special warranty and guarantee, require, that portion of the Work in question, furnishing if any,on said Work. all necessary labor,material,and equipment. 13.07 Correction Period C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, A. If within one year after the date of Substantial and damages (including but not limited to all fees and Completion (or such longer period of time as may be charges of engineers, architects, attorneys, and other prescribed by the terms of any applicable special professionals and all court or arbitration or other dispute guarantee required by the Contract Documents)or by any resolution costs) arising out of or relating to such specific provision of the Contract Documents, any Work uncovering, exposure, observation, inspection, and is found to be defective,or if the repair of any damages to testing, and of satisfactory replacement or reconstruction the land or areas made available for Contractor's use by (including but not limited to all costs of repair or Owner or permitted by Laws and Regulations as Standard General Conditions of the Construction Contract—00700—Page 36 of 44 H:\CORPORATE\RJMkWORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 contemplated in Paragraph 6.1 LA is found to be Owner's evaluation of and determination to accept such defective, Contractor shall promptly, without cost to defective Work(such costs to be approved by Engineer as Owner and in accordance with Owner's written to reasonableness) and the diminished value of the Work instructions: to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to 1.repair such defective land or areas;or Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions 2.correct such defective Work;or in the Contract Documents with respect to the Work,and Owner shall be entitled to an appropriate decrease in the 3. if the defective Work has been rejected by Contract Price, reflecting the diminished value of Work Owner, remove it from the Project and replace it with so accepted. If the parties are unable to agree as to the Work that is not defective,and amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs 4. satisfactorily correct or repair or remove and after such recommendation,an appropriate amount will be replace any damage to other Work, to the work of others paid by Contractor to Owner. or other land or areas resulting therefrom. 13.09 Owner May Correct Defective Work B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an A. If Contractor fails within a reasonable time emergency where delay would cause serious risk of loss after written notice from Engineer to correct defective or damage, Owner may have the defective Work Work or to remove and replace rejected Work as required corrected or repaired or may have the rejected Work by Engineer in accordance with Paragraph 13.06.A, or if removed and replaced. All claims, costs, losses, and Contractor fails to perform the Work in accordance with damages(including but not limited to all fees and charges the Contract Documents, or if Contractor fails to comply of engineers,architects, attorneys,and other professionals with any other provision of the Contract Documents, and all court or arbitration or other dispute resolution Owner may,after seven days written notice to Contractor, costs)arising out of or relating to such correction or repair correct or remedy any such deficiency. or such removal and replacement (including but not B. In exercising the rights and remedies under limited to all costs of repair or replacement of work of this Paragraph 13.09,Owner shall proceed expeditiously. others)will be paid by Contractor. In connection with such corrective or remedial action, C. In special circumstances where a particular Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and item of equipment is placed in continuous service before suspend Contractor's services related thereto, take Substantial Completion of all the Work, the correction possession of Contractor's tools, appliances, construction period for that item may start to run from an earlier date if equipment and machinery at the Site, and incorporate in so provided in the Specifications. the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored D. Where defective Work (and damage to other elsewhere. Contractor shall allow Owner, Owner's Work resulting therefrom)has been corrected or removed representatives, agents and employees, Owner's other and replaced under this Paragraph 13.07, the correction contractors, and Engineer and Engineer's consultants period hereunder with respect to such Work will be access to the Site to enable Owner to exercise the rights extended for an additional period of one year after such and remedies under this Paragraph. correction or removal and replacement has been satisfactorily completed. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of E. Contractor's obligations under this Paragraph engineers, architects, attorneys, and other professionals 13.07 are in addition to any other obligation or warranty. and all court or arbitration or other dispute resolution The provisions of this Paragraph 13.07 shall not be costs) incurred or sustained by Owner in exercising the construed as a substitute for or a waiver of the provisions rights and remedies under this Paragraph 13.09 will be of any applicable statute of limitation or repose, charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the 13.08 Acceptance of Defective Work Contract Documents with respect to the Work;and Owner shall be entitled to an appropriate decrease in the Contract A. If, instead of requiring correction or removal Price.If the parties are unable to agree as to the amount of and replacement of defective Work, Owner(and, prior to the adjustment, Owner may make a Claim therefor as Engineer's recommendation of final payment, Engineer) provided in Paragraph 10.05. Such claims, costs, losses prefers to accept it, Owner may do so. Contractor shall and damages will include but not be limited to all costs of pay all claims, costs, losses, and damages (including but repair, or replacement of work of others destroyed or not limited to all fees and charges of engineers,architects, damaged by correction, removal, or replacement of attorneys, and other professionals and all court or Contractor's defective Work. arbitration or other dispute resolution costs)attributable to Standard General Conditions of the Construction Contract—00700—Page 37 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 D. Contractor shall not be allowed an extension assee4ted• ith„r:of AppHeations fer-P "�i of the Contract Times because of any delay in the performance of the Work attributable to the exercise by 3. The aineunt of retainage with respe'er Owner of Owner's rights and remedies under this pfegress paymentswill be as stipulated in the Agfeement. Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND 2.Each application for progress payment shall be COMPLETION accompanied by Contractor's updated schedule of operations, or progress report, with such shop drawings schedules, procurement schedules, value of materials on 14.01 Schedule of I alues hand included in application, and other data specified herein or reasonably required by Owner or Engineer. The A. The Schedule of Values established as Owner reserves the right to require submission of monthly provided in Paragraph 2.07.A will serve as the basis for certified payrolls by the Contractor. After the first progress payments and will be incorporated into a forth of progress payment which requests payment for materials in Application for Payment acceptable to Engineer. Progress storage has been made by the Contractor to the Owner, payments on account of Unit Price Work will be based on the Contractor must submit with the following month's the number of units completed. payment request, evidence satisfactory to the Owner that such material has been paid for. Failure to provide this 14.02 Progress Payments evidence with the first request and subsequent requests will result in withholding from subsequent progress A.Applications for Payments payments the amount in dispute requested for materials in storage in accordance with Paragraph 14.02B. 1. At least 20 days before the date established in the Agreement for each progress 3.The Owner may retain a portion of the amount payment (but not more often than once a month), otherwise due the Contractor. Except as state law Contractor shall submit to Engineer for review an otherwise provides, the amount retained by the Owner Application for Payment filled out and signed by shall be as stipulated in the Agreement. In accordance Contractor covering the Work completed as of the with state law the Owner may accept deposited securities date of the Application and accompanied by such in lieu of cash retainage. Retainage may be used by the supporting documentation as is required by the Owner to offset costs for any of the losses enumerated in Contract Documents. If payment is requested on the Paragraphs 14.02.B.5.a through 14.02.B.5.d inclusive, basis of materials and equipment not incorporated in 14.02.D.1.a through 14.02.D.Ld inclusive,or 15.02.C. In the Work but delivered and suitably stored at the Site addition, retainage may be used by the Owner to protect or at another location agreed to in writing, the against loss from failure by the Contractor to complete Application for Payment shall also be accompanied necessary work and to offset any liquidated damages due by a bill of sale, invoice, or other documentation Owner. warranting that Owner has received the materials and equipment free and clear of all Liens and evidence 4. Liquidated damages for unscheduled that the materials and equipment are covered by employment of the Engineer shall be calculated at the appropriate property insurance or other arrangements hourly rates indicated in the Bid Form. Liquidated to protect Owner's interest therein, all of which must damages shall be paid by deduction from monthly progress be satisfactory to Owner. Payments for materials in 12ay estimates and the final pay estimate, as the liquidated storage shall be based only upon the actual cost of damages are incurred. the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, 5.Each application for progress payment shall be accompanied by a statement of certification by the invoice or other document warranting clear title for materials in storage will be waived for the material in Contractor that no claim exists against the Owner or storage included in the first progress payment Engineer unless expressly stated otherwise; that the . However, proof payment and clear payment claimed represents the actual value of the work application title must . submitted with Application No.2 for all accomplished; that the work accomplished and materials supplied are in accordance with the Contract Documents; material included in .Application No. 1. Without that the quantities claimed were properly determined, and such documentation amounts paid for materials in storage will be deducted from subsequent payments._ that all labor provisions have been complied with in full. Beginning with the second application, all requests for payment for materials in storage shall be B.Review of Applications accompanied by Bill of Sale, invoice or other 1. Engineer will, within 10 days after receipt of document warranting clear title as required above. each Application for Payment,either indicate in writing a i Beginning with the s.,eend Applieatianrecommendation of payment and present the Application to Owner or return the Application to Contractor P. indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may FeeeiN,ed an aeeeunt of the Work have beeH applied on „« to a.c ,arge Gentf legitimate abli aliens make the necessary corrections and resubmit the Standard General Conditions of the Construction Contract—00700—Page 38 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 1 Application. d. to make any examination to ascertain how or 2. Engineer's recommendation of any payment for what purposes Contractor has used the requested in an Application for Payment will constitute a moneys paid on account of the Contract Price,or representation by Engineer to Owner,based on Engineer's observations on the Site of the executed Work as an e. to determine that title to any of the Work, experienced and qualified design professional and on materials,or equipment has passed to Owner free Engineer's review of the Application for Payment and the and clear of any Liens. accompanying data and schedules, that to the best of Engineer's knowledge,information and belief: 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it a. the Work has progressed to the point would be incorrect to make the representations to Owner indicated; stated in Paragraph 14.02.B.2. Engineer may also refuse b. the quality of the Work is generally in to recommend any such payment or, because of accordance with the Contract Documents subsequently discovered evidence or the results of (subject to an evaluation of the Work as a subsequent inspections or tests,revise or revoke any such ' functioning whole prior to or upon Substantial payment recommendation previously made, to such extent Completion, to the results of any subsequent as may be necessary in Engineer's opinion to protect tests called for in the Contract Documents, to a Owner from loss because: final determination of quantities and classifications for Unit Price Work under a.the Work is defective, or completed Work has Paragraph 9.07, and to any other qualifications been damaged, requiring correction or stated in the recommendation);and replacement; c. the conditions precedent to Contractor's being b. the Contract Price has been reduced by entitled to such payment appear to have been Change Orders; fulfilled in so far as it is Engineer's responsibility to observe the Work. c. Owner has been required to correct defective Work or complete Work in accordance with 3.By recommending any such payment Engineer Paragraph 13.09;or will not thereby be deemed to have represented that: d. Engineer has actual knowledge of the a. inspections made to check the quality or the occurrence of any of the events enumerated in quantity of the Work as it has been performed Paragraph 15.02.A. have been exhaustive, extended to every aspect of the Work in progress, or involved detailed C.Payment Becomes Due inspections of the Work beyond the responsibilities specifically assigned to Engineer 1. Ten days after presentation of the Application in re the Contract Documents;or for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions b. that there may not be other matters or issues of Paragraph 14.02.13)become due, and when due will be between the parties that might entitle Contractor paid by Owner to Contractor. to be paid additionally by Owner or entitle �f Owner to withhold payment to Contractor. D.Reduction in Pcnme�:t 4. Neither Engineer's review of Contractor's 1.Owner may refuse to make payment of the full Work for the purposes of recommending payments nor amount recommended by Engineer because: Engineer's recommendation of any payment, including final payment,will impose responsibility on Engineer: a. claims have been made against Owner on account of Contractor's performance or a.to supervise,direct,or control the Work,or furnishing of the Work; b. for the means, methods, techniques, b. Liens have been filed in connection with the sequences, or procedures of construction, or the Work, except where Contractor has delivered a safety precautions and programs incident thereto, specific bond satisfactory to Owner to secure the or satisfaction and discharge of such Liens; c. for Contractor's failure to comply with Laws c. there are other items entitling Owner to a and Regulations applicable to Contractor's set-off against the amount recommended, performance of the Work,or including liquidated damages;or Standard General Conditions of the Construction Contract—00700—Page 39 of 44 H:\CORPORATE\RJM\WORDP\ejr-dc\C-700.std.gen.cond.doc 2/17/2005 d.Owner has actual knowledge of the occurrence C. If Engineer considers the Work substantially of any of the events enumerated in Paragraphs complete, Engineer will deliver to Owner a tentative 14.02.B.5.a through 14.02.B.5.c or Paragraph certificate of Substantial Completion which shall fix the 15.02.A. date of Substantial Completion.There shall be attached to the certificate a tentative list of items to be completed or 2. If Owner refuses to make payment of the full corrected before final payment. Owner shall have seven amount recommended by Engineer, Owner will give days after receipt of the tentative certificate during which Contractor immediate written notice (with a copy to to make written objection to Engineer as to any provisions Engineer)stating the reasons for such action and promptly of the certificate or attached list.If,after considering such pay Contractor any amount remaining after deduction of objections, Engineer concludes that the Work is not the amount so withheld. Owner shall promptly pay substantially complete,Engineer will within 14 days after Contractor the amount so withheld, or any adjustment submission of the tentative certificate to Owner notify thereto agreed to by Owner and Contractor, when Contractor in writing,stating the reasons therefor.If,after Contractor corrects to Owner's satisfaction the reasons for consideration of Owner's objections, Engineer considers such action. the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor 3. If it is subsequently determined that Owner's a definitive certificate of Substantial Completion (with a refusal of payment was not justified, the amount revised tentative list of items to be completed or wrongfully withheld shall be treated as an amount due as corrected) reflecting such changes from the tentative determined by Paragraph 14.02.C.I I. certificate as Engineer believes justified after consideration of any objections from Owner. 14.03 Contractor's KarrantY of Title D. At the time of delivery of the tentative A. Contractor warrants and guarantees that title certificate of Substantial Completion, Engineer will to all Work, materials, and equipment covered by any deliver to Owner and Contractor a written Application for Payment, whether incorporated in the recommendation as to division of responsibilities pending Project or not,will pass to Owner no later than the time of final payment between Owner and Contractor with payment free and clear of all Liens. respect to security,operation,safety,and protection of the Work, maintenance, heat, utilities, insurance, and B. Neither recommendation of any progress warranties and guarantees. Unless Owner and Contractor payment by Engineer, nor payment by the Owner to agree otherwise in writing and so inform Engineer in Contractor,nor any use or occupancy of the Work or any writing prior to Engineer's issuing the definitive part thereof will release the Contractor from complying certificate of Substantial Completion, Engineer's with the Contract Documents. Specifically the Contractor aforesaid recommendation will be binding on Owner and shall maintain in accordance with Article 5, property Contractor until final payment. insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in E. Owner shall have the right to exclude an application for payment or not, for the full insurable value thereof. Passing title to Owner for materials and Contractor from the Site after the date of Substantial equipment included in an application for payment does Completion subject to allowing Contractor reasonable not relieve the Contractor of the Contractor's obligation to access to complete or correct items on the tentative list. provide insurance (including V ropeM insurance), as required in Article 5 of these General Conditions and the 14.05 Partial C'tiliration Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially 14.04 Substantial Completion completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, A. When Contractor considers the entire Work Engineer, and Contractor agree constitutes a separately ready for its intended use Contractor shall notify Owner functioning and usable part of the Work that can be used and Engineer in writing that the entire Work is by Owner for its intended purpose without significant substantially complete(except for items specifically listed interference with Contractor's performance of the by Contractor as incomplete) and request that Engineer remainder of the Work, subject to the following issue a certificate of Substantial Completion. conditions. B. Promptly after Contractor's notification, 1. Owner at any time may request Contractor in Owner, Contractor, and Engineer shall make an writing to permit Owner to use or occupy any such part of inspection of the Work to determine the status of the Work which Owner believes to be ready for its completion. If Engineer does not consider the Work intended use and substantially complete. If and when substantially complete,Engineer will notify Contractor in Contractor agrees that such part of the Work is writing giving the reasons therefor. substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially Standard General Conditions of the Construction Contract—00700—Page 40 of 44 H:\CORPORATE\RJMkWORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 complete and request Engineer to issue a certificate of Engineer will promptly make a final inspection with Substantial Completion for that part of the Work. Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals 2. Contractor at any time may notify Owner and that the Work is incomplete or defective. Contractor shall Engineer in writing that Contractor considers any such immediately take such measures as are necessary to part of the Work ready for its intended use and complete such Work or remedy such deficiencies. substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the B. After Contractor has remedied all deficiencies Work. to the satisfaction of the Owner and Engineer and delivered all construction records, maintenance and 3. Within a reasonable time after either such operating instructions, schedules, guarantees, bonds, request, Owner, Contractor, and Engineer shall make an certificates of inspection, and other documents fall as inspection of that part of the Work to determine its status required by the Contract Documents), Owner and of completion. If Engineer does not consider that part of Contractor shall be promptly notified in writing y the Work to be substantially complete, Engineer will Engineer that the work is acceptable. notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be 14.07 Final Payment substantially complete,the provisions of Paragraph 14.04 will apply with respect to certification of Substantial A.Application for Payment Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections 4. No use or occupancy or separate operation of identified during the final inspection and has delivered,in part of the Work may occur prior to compliance with the accordance with the Contract Documents,all maintenance requirements of Paragraph 5.10 regarding property and operating instructions, schedules, guarantees, bonds, insurance. certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in B. Owner has the right to take possession of or Paragraph 6.12), and other documents, Contractor may use any completed or substantially completed portions of make application for final payment following the the work at any time, but such taking possession or use procedure for progress payments. will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. 2. The final Application for Payment shall be Owner's use of any facilities so identified in the Contract accompanied(except as previously delivered)by: Documents will not be grounds for extension of the contract time or change in the contract price. Owner's a. all documentation called for in the Contract use of any facilities not specifically identified in the Documents, including but not limited to the Contract Documents will be in accordance with evidence of insurance required by Paragraph conditions agreed to prior to such use,and any extra costs 5.04,13.7; or delays in completion incurred and properly claimed by Contractor will be equitably adiusted with a Change b.consent of the surety,if any,to final payment; Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used c. a list of all Claims against Owner that by Owner prior to substantial completion of the entire Contractor believes are unsettled;and work will be done in accordance with Article 14.04. Guarantee periods for accepted or substantially completed d. complete and legally effective releases or work including mechanical and electrical equipment will waivers(satisfactory to Owner)of all Lien rights commence upon the start of continuous use by Owner. All tests and instruction of Owner's personnel must be arising out of or Liens filed in connection with satisfactorily completed, and Owner shall assume the Work. responsibility for and operation of all facilities occupied 3. In lieu of the releases or waivers of Liens or used except as may arise through portions of work not specified in Paragraph 14.07.A.2 and as approved by yet completed by Contractor. If the work has been Owner,Contractor may furnish receipts or releases in full substantially completed and the Engineer certifies that full and an affidavit of Contractor that: (i) the releases and completion thereof is materially delaved through no fault receipts include all labor, services, material, and of the Contractor, the Owner shall, without terminatin, the Agreement, make payment of the balance due for the equipment for which a Lien could be filed; and (ii) all portion of the work fully completed and accepted. payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner 14.06 Final Inspection or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or A. Upon written notice from Contractor that the Supplier fails to furnish such a release or receipt in full, entire Work or an agreed portion thereof is complete, Contractor may furnish a bond or other collateral Standard General Conditions of the Construction Contract—00700—Page 41 of 44 H:\CORPORATEIRJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 satisfactory to Owner to indemnify Owner against any 1. a waiver of all Claims by Owner against Lien. Contractor, except Claims arising from unsettled Liens, B. Engineer's Review of Application and from defective Work appearing after final inspection Acceptance pursuant to Paragraph 14.06,from failure to comply with the Contract Documents or the terms of any special 1. If, on the basis of Engineer's observation of guarantees specified therein, or from Contractor's the Work during construction and final inspection, and continuing obligations under the Contract Documents; Engineer's review of the final Application for Payment and and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work 2. a waiver of all Claims by Contractor against has been completed and Contractor's other obligations Owner other than those previously made in accordance under the Contract Documents have been fulfilled, with the requirements herein and expressly acknowledged Engineer will, within ten days after receipt of the final by Owner in writing as still unsettled. 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 ARTICLE 15 - SUSPENSION OF WORK AND Engineer will also give written notice to Owner and TERMINATION Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, 15.01 Owner Mav Suspend JVork indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall A. At any time and without cause, Owner may make the necessary corrections and resubmit the suspend the Work or any portion thereof for a period of Application for Payment. not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which C.Payment Becomes Due Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an 1.Thirty days after the presentation to Owner of adjustment in the Contract Price or an extension of the the Application for Payment and accompanying Contract Times, or both, directly attributable to any such documentation, the amount recommended by Engineer, suspension if Contractor makes a Claim therefor as less any sum Owner is entitled to set off against provided in Paragraph 10.05. Engineer's recommendation, including but not limited to liquidated damages,will become due and,will be paid by 15.0 Otivner.h1m Terminate for Cause Owner to Contractor. A. If the Contractor fails to complete the work required by the Contract Documents, or upon The 14.08 Final Completion Delayed occurrence of any one or more of the following events, will justif, te..,nination the Owner may terminate the A. If, through no fault of Contractor, final Agreement relating to the whole Work or any portion completion of the Work is significantly delayed, and if thereof for cause: Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work 1. Contractor's persistent failure to perform the fully completed and accepted) and recommendation of Work in accordance with the Contract Documents Engineer, and without terminating the Contract, make (including, but not limited to, failure to supply sufficient payment of the balance due for that portion of the Work skilled workers or suitable materials or equipment or fully completed and accepted. If the remaining balance to failure to adhere to the Progress Schedule established be held by Owner for Work not fully completed or under Paragraph 2.07 as adjusted from time to time corrected is less than the retainage stipulated in the pursuant to Paragraph 6.04); Agreement, and if bonds have been furnished as required in Paragraph 5.01,the written consent of the surety to the 2. Contractor's disregard of Laws or Regulations payment of the balance due for that portion of the Work of any public body having jurisdiction; fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such 3. Contractor's disregard of the authority of payment. Such payment shall be made under the terms Engineer;or and conditions governing final payment, except that it shall not constitute a waiver of Claims. 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. 14.09 11'aiverofClaims B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving A. The making and acceptance of final payment Contractor (and surety) seven days written notice of its will constitute: intent to terminate the services of Contractor: Standard General Conditions of the Construction Contract—00700—Page 42 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/1 712 0 0 5 1. exclude Contractor from the Site, and take 1. completed and acceptable Work executed in possession of the Work and of all Contractor's tools, accordance with the Contract Documents prior to the appliances, construction equipment, and machinery at the effective date of termination, including fair and Site, and use the same to the full extent they could be reasonable sums for overhead and profit on such Work; used by Contractor (without liability to Contractor for trespass or conversion), 2. expenses sustained prior to the effective date of termination in performing services and furnishing 2. incorporate in the Work all materials and labor,materials,or equipment as required by the Contract equipment stored at the Site or for which Owner has paid Documents in connection with uncompleted Work, plus Contractor but which are stored elsewhere,and fair and reasonable sums for overhead and profit on such expenses; 3. complete the Work as Owner may deem expedient. 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of C. If Owner proceeds as provided in Paragraph engineers, architects, attorneys, and other professionals 15.02.13, Contractor shall not be entitled to receive any and all court or arbitration or other dispute resolution further payment until the Work is completed. If the costs) incurred in settlement of terminated contracts with unpaid balance of the Contract Price exceeds all claims, Subcontractors, Suppliers,and others;and costs, losses,and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and 4. reasonable expenses directly attributable to other professionals and all court or arbitration or other termination. dispute resolution costs) sustained by Owner arising out of or relating to completing the Work,such excess will be B.Contractor shall not be paid on account of loss paid to Contractor. If such claims, costs, losses, and of anticipated profits or revenue or other economic loss damages exceed such unpaid balance, Contractor shall arising out of or resulting from such termination. pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by 15.04 Contractor Mai Stop Work or Terminate Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. A. If, through no act or fault of Contractor, (i) When exercising any rights or remedies under this the Work is suspended for more than 90 consecutive days Paragraph Owner shall not be required to obtain the by Owner or under an order of court or other public lowest price for the Work performed. authority, or(ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) D. Notwithstanding Paragraphs 15.02.13 and Owner fails for 30 days to pay Contractor any sum finally 15.02.C, Contractor's services will not be terminated if determined to be due, then Contractor may, upon seven Contractor begins within seven days of receipt of notice days written notice to Owner and Engineer, and provided of intent to terminate to correct its failure to perform and Owner or Engineer do not remedy such suspension or proceeds diligently to cure such failure within no more failure within that time, terminate the Contract and than 30 days of receipt of said notice. recover from Owner payment on the same terms as provided in Paragraph 15.03. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any B. In lieu of terminating the Contract and rights or remedies of Owner against Contractor then without prejudice to any other right or remedy, if existing or which may thereafter accrue. Any retention or Engineer has failed to act on an Application for Payment payment of moneys due Contractor by Owner will not within 30 days after it is submitted, or Owner has failed release Contractor from liability. for 30 days to pay Contractor any sum finally determined to be due,Contractor may, seven days after written notice F. If and to the extent that Contractor has to Owner and Engineer, stop the Work until payment is provided a performance bond under the provisions of made of all such amounts due Contractor, including Paragraph 5.0LA,the termination procedures of that bond interest thereon. The provisions of this Paragraph 15.04 shall supersede the provisions of Paragraphs 15.02.13 and are not intended to preclude Contractor from making a 15.02.C. Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for 15.03 Otivner.kfay Terminate For Convenience expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. 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): Standard General Conditions of the Construction Contract—00700—Page 43 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 ARTICLE 16-DISPUTE RESOLUTION B. The business address for diving notices of Contractor given in the Agreement is hereby desiQ_nated as the place to which all notices, letters, and other 16.01 Alethods and Procedures communication to Contractor will be mailed or delivered. The address for giving notices to Owner given in the A. Either Owner or Contractor may request Agreement is hereby designated as the place to which all mediation of any Claim submitted to Engineer for a notices, letters, and other communication to Owner shall decision under Paragraph 10.05 before such decision be mailed or delivered. Either party may change its becomes final and binding. The mediation will be address at any time by an instrument in writing delivered governed by the Construction Industry Mediation Rules to Engineer and to the other party. of the American Arbitration Association in effect as of the 17.02 Computation of Times Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American A. When any period of time is referred to in the Arbitration Association and the other party to the Contract Documents by days, it will be eempuied to Contract. Timely submission of the request shall stay the a ..iude the fi fst „a inel de the last day e f eh peri8d. effect of Paragraph 10.05.E. the time will commence to run on the day or date indicated in the Notice to Proceed or any other properly B. Owner and Contractor shall participate in the executed document. The time will be computed to mediation process in good faith. The process shall be include the first day or date indicated in the number of concluded within 60 days of filing of the request. The days. If the last day of any such period falls on a date of termination of the mediation shall be determined Saturday or Sunday or on a day made a legal holiday by by application of the mediation rules referenced above. the law of the applicable jurisdiction, such day will be omitted from the computation. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial 17.03 Cumulative Remedies pursuant to Paragraphs 10.05.C.3 or 10.05.13 shall become final and binding 30 days after termination of the A. The duties and obligations imposed by these mediation unless, within that time period, Owner or General Conditions and the rights and remedies available Contractor: hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any 1. elects in writing to invoke any dispute rights and remedies available to any or all of them which resolution process provided for in the Supplementary are otherwise imposed or available by Laws or Conditions,or Regulations, by special warranty or guarantee,or by other provisions of the Contract Documents. The provisions of 2. agrees with the other party to submit the this Paragraph will be as effective as if repeated Claim to another dispute resolution process,or specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to 3. gives written notice to the other party of their which they apply. intent to submit the Claim to a court of competent jurisdiction. 17.04 Survival of Obligations A. All representations, indemnifications, ARTICLE 17-MISCELLANEOUS warranties,and guarantees made in,required by, or given in accordance with the Contract Documents,as well as all continuing obligations indicated in the Contract 17.01 Giving Notice Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of A. Whenever any provision of the Contract the Contract or termination of the services of Contractor. Documents requires the giving of written notice, it will be deemed to have been validly given if: 17.05 Controlling Lcnv 1. delivered in person to the individual or to a A. This Contract is to be governed by the law of member of the firm or to an officer of the corporation for the state in which the Project is located. whom it is intended,or 17.06 Headings 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known A. Article and paragraph headings are inserted to the giver of the notice. for convenience only and do not constitute parts of these General Conditions. Standard General Conditions of the Construction Contract—00700—Page 44 of 44 H:\CORPORATE\RJM\WORDP\ejcdc\C-700.std.gen.cond.doc 2/17/2005 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, 2003 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions which are defined in the General Conditions have the meanings indicated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings indicated below, which are applicable in both the singular and plural thereof. Index of Supplementary Conditions to the General Conditions Article or Paragraph No. Title or Subject Matter SC-1.01 .A.20 Engineer's Consultants SC-2.01 Delivery of Bonds SC-2.07 Initial Acceptance of Schedules SC-3.03.B.1.c Resolving Discrepancies SC-4.02 Subsurface and Physical Conditions - Technical Data SC-4.04.A.3 Underground Facilities SC-4.05 Reference Points SC-4.06 Hazardous Environmental Condition at Site - "Technical Data" SC-5.02 Licensed Sureties and Insurers SC-5.03 Certificates of Insurance SC-5.04 Contractor's Liability Insurance SC-5.06 Property Insurance - Purchased by Contractor SC-6.02 Labor; Working Hours SC-6.03 Services, Materials, and Equipment SC-6.06 Concerning Subcontractors, Suppliers and Others SC-6.17 Shop Drawings and Samples SC-11.01.A.5.c Equipment Rental Rates - Use of Blue Book SC-13.03 Tests and Inspections SC-14.02.13 Progress Payments- Whole or Partial Payment Refused by Engineer SC-14.02.0 Progress Payments — Payment Becomes Due SC-14.02.D Progress Payments - Full Payment Refusal by Owner SC-14.07 A Final Payment Application — Releases and Waivers SC-14.07.E Final Payment - Refusal by Engineer SC-14.07.0 Final Payment - Payment Becomes Due SC-16.02 Dispute Resolution - Mediation SC-17.04.E Survival of Obligation - Statutes of Limitation Supplementary Conditions -00810 - Page 1 of 15 NA0417\060-Lighting Upgrade\DOCS\SPECS\DIV 0\supplcond_00810.docx Revised 10/30/07 SC-1.01.A.20 ENGINEER'S CONSULTANTS SC-1 .01.A.20 Engineer's Consultants: No consultants were employed by the Engineer to provide professional services for the Project. SC-2.01 DELIVERY OF BONDS Add a new paragraph immediately after paragraph 2.01 .A of the General Conditions which is to read: B. Engineer shall furnish to Contractor four (4) copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, insert executed copies of the required Bonds and Power of Attorney and Certificates of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two (2) copies to the Contractor who shall promptly deliver one copy to his Surety. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain one copy. SC-2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: A. Prior to the first application for payment all schedules and documents identified in paragraph 2.05.A of these General Conditions shall be finalized and submitted to the Engineer and Owner. Until acceptable schedules are submitted to Engineer and Owner as provided below, Owner may withhold an amount from a progress payment that is sufficient to pay the direct expenses that Owner may reasonably expect will be necessary to correct any problems based on Contractor's failure to submit acceptable schedules. The progress schedule shall be CPM form or other acceptable format that shows estimated time for each work item and starting and completion dates for each part of the Work. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work, and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. SC-3.03.13 RESOLVING DISCREPANCIES Add a new paragraph immediately after paragraph 3.0.3.B.1.b of the General Conditions which is to read: C. In the event that any provision of the Contract Documents conflicts with another provision of the Contract Documents, the provision in the Contract Documents first listed below shall generally govern except as otherwise specifically stated: 1 . Standard Form of Agreement 2. Performance and Payment Bond 3. Addenda to Contract Documents Supplementary Conditions - 00810 - Page 2 of 15 NA0417\060-Lighting Upgrade\DOCS\SPECS\DIV 0\supplcond_00810.docx Revised 10/30/07 4. Legal and Procedural Documents: a. Proposal b. Proposal Guaranty C. Instructions to Bidders d. Invitation to Bid [5. Special Provisions] 6. Drawings 7. Detailed Specifications Requirements (Technical Specifications) 8. Supplementary Conditions 9. General Conditions SC-4.02 SUBSURFACE AND PHYSICAL CONDITIONS - TECHNICAL DATA Delete paragraphs 4.02.A and 4.02.E of the General Conditions in their entirety and insert the following: A. In the preparation of the Drawings and Specifications, the Engineer or Engineer's consultants have relied upon no reports of explorations and tests of subsurface conditions at the site. SC-4.04 UNDERGROUND FACILITIES Add the following new paragraph immediately after paragraph 4.04.A.2 of the General Conditions: 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall, according to MCA 69-4-501 , notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC-4.05 REFERENCE POINTS Add the following paragraphs immediately after paragraph 4.05.A of the General Conditions which are to read: B. The baselines and benchmarks to be furnished by the Owner are designated on the Drawings. If lost or destroyed by the Contractor, the baselines and benchmarks will be re-established by the Engineer. The cost of re-establishing disturbed baselines or benchmarks shall be calculated at the hourly rates specified in the Bid Form for unscheduled employment of the Engineer. Payment for such work shall be made by deduction from the monthly progress payments and the final payment as the costs are incurred. C. All other staking required by the Contractor to complete the work, including line and/or grade stakes, slope stakes, bluetops, etc., shall be provided by the Supplementary Conditions - 00810 - Page 3 of 15 NA0417\060-Lighting Upgrade\DOCS\SPECS\DIV 0\supp1cond_00810.docx Revised 10/30,/07 Contractor. D. Construction surveys shall be done under the direction of a Registered Professional Engineer or Land Surveyor experienced in construction layout work. E. The Contractor shall notify the Engineer of any discrepancies between plan locations and verified field locations or dimensions. All connections of new facilities to existing facilities (pavement, pipe and duct inverts, and other critical horizontal or vertical dimensions) shall be verified by the Contractor prior to starting construction. Any differences between the plans and field construction surveys will be resolved by the Engineer. F. When required, the Contractor shall provide a survey crew during normal working hours to assist the Engineer in checking lines and elevations in the Contractor's layout and for measuring quantities for payment purposes as the work proceeds. The Contractor shall cooperate with the Engineer so that the checking and measuring may be accomplished with the least interference to the Contractor's operations. SC-4.06 HAZARDOUS ENVIRONMENTAL CONDITION AT SITE - "TECHNICAL DATA" Add the following new paragraph(s) immediately after paragraph 4.06.A of the General Conditions: 1. In the preparation of Drawings and specifications, Engineer or Engineer's Consultants have relied upon the following reports of explorations and tests of hazardous conditions at the Site. a. Report dated March 9, 2009 prepared by Morrison-Maierle, Inc., entitled: Asbestos Report, Bozeman Swim Center Natatorium HVAC System Improvements, Bozeman, MT. consisting of 7 pages. 3. Copies of reports and drawings itemized in SC-4.06.A.1 that are not included with Bidding Documents may be examined at Morrison-Maierle, Inc., 2880 Technology Blvd. West, Bozeman, Montana during regular business hours. These reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Contractor is entitled to rely as identified and established above are incorporated therein by reference. Contractor is not entitled to rely upon other information and data utilized by Engineer and Engineer's Consultants in the preparation of Drawings and specifications. SC-5.02 LICENSED SURETIES AND INSURERS Add the following immediately after paragraph 5.02.A of the General Conditions: B. Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the state of the project location, with Supplementary Conditions -00810 - Page 4 of 15 N.\0417\060-Lighting Upgrade\DOCS\SPECS\DIV 0\supp1cond_00810.docx Revised 10/30/07 minimum "A.M. Best Rating" of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner, the Engineer, the Engineer's Consultants, and the respective directors, officers, partners, agents, employees and other consultants and subcontractors of each and any of all such additional insureds from claims for bodily injury (including sickness, disease and mental anguish), death, and property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified copies of the insurance policy shall have been filed with the Owner and the Engineer. SC-5.03 CERTIFICATES OF INSURANCE Add the following paragraphs immediately after paragraph 5.03.B of the General Conditions: C. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor's obligations to maintain such insurance. D. By requiring such insurance and insurance limits herein, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor, and such coverage and limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. SC-5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraph immediately after paragraph 5.04.B of the General Conditions: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverages for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation and Related Coverages under Paragraphs 5.04.A.1 and 5.04.A.2 of the General Conditions: a. State Statutory b. Applicable Federal (e.g. Longshoremens) Statutory C. Employer's Liability $1 ,000.000.00 2. General Liability: Contractor's General Liability Insurance under paragraphs 5.04.A.3 through 5.04.A.6 of the General Conditions, which shall also include premises-operations; independent contractor's operations protection; contractual liability; personal injury; broad form property damage (including explosion, collapse, blasting and underground damage, where Supplementary Conditions - 00810 - Page 5 of 15 NA0417\060-Lighting Upgrade\DOGS\SPECS\DIV 0\supp1cond_00810.docx Revised 10/30/07 applicable); and completed operations and product liability coverages. The General Aggregate Limit shall apply separately to each of the Contractor's projects. a. GENERAL AGGREGATE PER PROJECT $5,000,000.00 b. Products - Completed Operations Aggregate $5,000,000.00 C. Personal and Advertising Injury (Each Occurrence) $5.000,000.00 d. Bodily Injury and Property Damage (Each Occurrence) $5,000,000.00 e. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1 ,000,000.00. The deductible, if any, may not exceed $5,000.00 per occurrence. f. In the event the General Aggregate Limit is diminished by an amount greater than $500,000, Contractor shall provide notice to Owner of this fact, and shall again provide such notice on each subsequent occasion on which the General Aggregate Limit is again diminished by an amount greater than $500,000. g. In addition to other requirement in the General Conditions, coverage will include the following at a minimum: a. Premises — Operations b. Operations of Independent Contractor C. Contractual Liability, Personal Injury d. Product and Completed Operations e. Broad Form Property Damage (to include explosion, collapse, blasting, and underground where applicable) f. Per Project Aggregate Endorsement 3. Automobile Liability under paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit (bodily injury and property damage) Each Accident $ 5,000,000.00 b. Coverage to be written on a Symbol 1 (one) any auto basis, to include all owned, hired, and non-owned vehicles. C. Contractor's Automobile Liability Insurance under 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit can not be Supplementary Conditions -00810 - Page 6 of 15 NA0417\060-Lighting Upgrade\DOGS\SPECS\DIV 0\supp1cond_00810.docx Revised 10/30/07 less than $1,000,000.00. The deductible, if any, may not exceed $5,000.00 per accident. 4. The Contractual Liability Coverage required by Paragraph 5.04.13.4 of the General Conditions shall provide coverage for not less than the following amounts: a. General Aggregate Per Project $ 5.000.000.00 b. Each Occurrence $ 5,000,000.00 (Bodily Injury and Property Damage) 5. OWNERS and CONTRACTORS Protective Policy - Purchased By CONTRACTOR: In addition to the insurance required to be provided by Contractor under paragraph 5.04.A.1 through 5.04.A.6 inclusive, Contractor shall purchase and maintain a separate Owners and Contractors Protective Policy (OCP) to protect Owner against claims which may arise from operations under the Contract Documents, with limits of liability as specified below. This liability insurance shall include as additional insureds the Engineer and the Engineer's Consultants, and include coverage for the respective directors, officers, partners, employees, agents and other consultants and subcontractors of all such additional insureds. a. General Aggregate $2.000,000.00 b. Each Occurrence $1 .000,000.00 (Bodily Injury and Property Damage) The insurance policy will contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least forty-five (45) days prior written notice has been given to Owner and to each other additional insured (and the certificates of insurance furnished to Owner and each other additional insured will so provide). 6. Additional Insureds: a. With respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6, inclusive, include the following as additional insureds. Use the following Additional Insured Endorsements: ENTITY FORM Owner — City of Bozeman use Additional Insured Endorsements CG2010 and CG2037 Engineer - Morrison Maierle, Inc use Additional Insured Endorsement CG2032 b. With respect to the Owner's and Contractor's Protective Policy (OPC) Supplementary Conditions - 00810 - Page 7 of 15 NA0417\060-Lighting Upgrade\DOGS\SPECS\DIV 0lsupplcond_00810.docx Revised 10/30/07 insurance required by paragraph SC-5.0.4.C.5, include the following as additional insureds. Use the following Additional Insured Endorsement: ENTITY FORM Engineer - Morrison Maierle, Inc use Additional Insured Endorsement; CG2031 SC-5.06 PROPERTY INSURANCE - PURCHASED BY CONTRACTOR A. With respect to the Contractor's property insurance coverage required by paragraph 5.06.A of the General Conditions, include the following as an insured or additional insured: OWNER: City of Bozeman SUBCONTRACTORS: (Contractor to list Subcontractors) ENGINEER: Morrison-Maierle, Inc. B. Deductible may not exceed $5,000 unless approved by appropriate Change Order. SC-6.02 LABOR; WORKING HOURS Add the following new paragraphs immediately after paragraph 6.02.E of the General Conditions: C. Working hours for the Contractor shall be limited to the hours between 6:00 a.m. and 7:00 p.m. and shall not exceed 11 hours per day with authorized overtime. With Owner and Engineer approval the Contractor may work a four day, ten hour per day work week. The Contractor must notify the Owner and Engineer in writing three (3) days in advance of his intention to work during other periods to allow assignment of additional inspection personnel when they are reasonably available. Emergency work may be done without prior permission. D. If a resident project representative is required and reasonably available, the Engineer may authorize the Contractor to perform work during periods other than normal working hours and/or days. The cost of this inspection will be calculated at the hourly rate specified in the Bid Form for unscheduled employment of the Engineer and will be deducted from the monthly progress payments and final payment as the costs are incurred. E. Nondiscrimination Policy: The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti- discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity; physical or mental disability, except when the reasonable demands of the position require an age, physical or mental Supplementary Conditions - 00810 - Page 8 of 15 NA0417\060-Lighting Upgrade\DOGS\SPECS\DIV 0\supp1cond_00810.docx Revised 10/30/07 disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Contractor shall require these nondiscrimination terms of its sub-consultants providing services under this contract. SC-6.03 SERVICES, MATERIALS, AND EQUIPMENT Add the following paragraphs immediately after paragraph 6.03.0 of the General Conditions which are to read as follows: D. To ensure standardization and uniformity in all parts of the work under this Contract, like items of equipment shall be the products of one manufacturer. Like items of certain materials shall be the products of one manufacturer. E. Uniformity in like equipment items is required in order to provide the Owner with interchangeability capabilities, simplified spare parts inventory, and standardized maintenance programs and manufacturer's services. f F. Uniformity in certain like material items is required in order to provide the Owner with a simplified spare materials inventory, continuity in patterns, color, and texture; and a standardized procedure for maintenance care and manufacturer's services. G. Visible architectural items such as exterior finishes, floor and wall covering, ceiling materials, doors, windows, cabinetwork, paint, and miscellaneous appurtenances, when specified alike shall be standardized. H. Generally, material items exempt from standardization include structural steel, reinforcing steel, building insulation, roofing materials, sheet metal, materials specified only by reference to a recognized standard, and items hidden from view where interchangeability, color, and texture is not a significant factor for standardization. I. The Contractor shall inform his suppliers and subcontractors of these requirements, and shall provide the necessary coordination to accomplish the standardization specified. SC-6.06 CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS The following provisions supplement paragraphs 6.06.A and 6.06.13 of the General Conditions and paragraph 12.01 of the Instructions to Bidders: A. The Contractor shall not sublet any part of the work embraced within this contract without the consent of the Owner, and the Owner reserves the right to withdraw l at any time from any subcontractor whose work has proven unsatisfactory, the right to be engaged in or employed upon any part of the work. B. In accordance with Instruction to Bidders, paragraph 12.01, within 5 days after bids are opened, the apparent low bidder, and any other Bidder so requested, shall submit a list of all Subcontractors, Suppliers, or other persons or organizations I ` Supplementary Conditions - 00810 - Page 9 of 15 N:\0417\060-Lighting Upgrade\DOCS\SPECS\DIV 0\supplcond_00810.docx Revised 10/30/07 (including those who are to furnish the principal items of materials and equipment) to Owner. An experience statement with pertinent information as to similar projects and other evidence of qualification for each named Subcontractor, Supplier and other persons or organizations shall be furnished. Acceptance and substitution of proposed Subcontractors, Suppliers, or other persons or organization prior to Notice of Award is governed by Instructions to Bidders paragraph 12.01 . The Contractor may not change Subcontractors, Suppliers, or other persons and organizations accepted by Owner prior to the Notice of Award without the written permission of the Owner. C. Revocation of Subcontractor, Supplier, or other persons or organizations acceptance after the Effective Date of the Agreement is governed by General Condition 6.06.B. SC-6.17 SHOP DRAWINGS AND SAMPLES Add the following paragraphs immediately after paragraph 6.17.E of the General Conditions: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item' with no more than three submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. G. In the event that Contractor requests a substitution for a previously approved item, Contractor shall reimburse Owner for Engineer's charges for such time unless the need for such substitution is beyond the control of Contractor. SC-11.01.A.5.c. EQUIPMENT RENTAL RATES - USE OF BLUE BOOK Delete paragraph 11 .01.A.5.c. of the General Conditions in its entirety and insert the following in its place: 11 .01.A.5.c The cost for the use of all construction equipment and machinery and parts thereof whether owned by the Contractor or rented by others shall be calculated as follows. Cost will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, loading, and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates may be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to GC-2.05.A.4 and GC- 2.07.A, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. Supplementary Conditions -00810 - Page 10 of 15 NA0417\060-Lighting Upgrade\DOCS\SPECS\DIV 0\supplcond_00810.docx Revised 10/30/07 2. For equipment on standby, the hourly rate shall be 50 percent of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the equipment rental rates will be negotiated prior to the work being performed. 4. Use of Blue Book rates, and review and approval of equipment rates associated with equipment lists submitted according to GC-2.05.A.4 and GC-2.07.A shall not extend to the settlement of any claim submitted under GC-10.05 and GC-12.01 . In claim settlements, actual costs are recoverable, not blue book rates or rates approved with submittals of schedules of value or equipment lists. SC-13.03 TESTS AND INSPECTIONS Replace paragraph 13.03.E of the General Conditions with the following: B. All quality control and compliance testing of work accomplished will be performed by the Contractor, or designated representative, where specified at no additional cost to the Owner. Where the specifications state that certain tests will be performed by the Owner, these tests will be done at no cost to the Contractor except all tests for work or materials that fail to meet specified requirements shall be borne by the Contractor and shall be deducted from his progress payments. Where the specifications require that certain materials are to be tested for suitability or in final position by the Contractor, the Contractor shall provide at his own expense by retaining the services of a certified independent testing laboratory. The Engineer will direct where and when tests are performed. SC-14.02.8 PROGRESS PAYMENTS — WHOLE OR PARTIAL PAYMENT REFUSAL BY ENGINEER Add the following paragraph 14.02.13.6 to the General Conditions: 6. Engineer may also refuse to recommend the whole or any part of any payment if, in Engineer's opinion, there exists: a. Unsatisfactory progress of the Work; b. Failure to remedy defective Work or materials; C. Disputed Work or materials; d. Failure to comply with material provisions of the Contract Documents; e. Failure of the Contractor to make timely payment upon request, Supplementary Conditions - 00810 - Page 11 of 15 NA0417\060-Lighting Upgrade\DOCS\SPECS\DIV 0\supplcond_00810.docx Revised 10/30/07 including but not limited to payment for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; f. Damage to the Owner;-or g. The existence of reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. SC-14.02.0 PROGRESS PAYMENTS — PAYMENT BECOMES DUE Delete paragraph 14.02.C.1 of the General Conditions in its entirety and insert the following in its place: 1 . The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Payment will become due when Owner approves the application for payment and will be paid by Owner to Contractor within 30 days of the day of the month stipulated above at the preconstruction conference. SC-14.02.D PROGRESS PAYMENTS - FULL PAYMENT REFUSAL BY OWNER Add the following paragraph 14.02.D.1 .e to the General Conditions: e. there exists: i. Unsatisfactory progress of the Work; ii. Failure to remedy defective Work or materials; iii. Disputed Work or materials; iv. Failure to comply with material provisions of the Contract Documents. V. Failure of the Contractor to make timely payment upon request, including but not limited to payment for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; vi. Damage to the Owner; or vii. The existence of reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. Delete Paragraph 14.02.D.2 of the General Conditions in its entirety and replace it with the following: 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor written notice (with a copy to Engineer) within 21 days of actual receipt of the Application for Payment by Engineer, stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner may only withhold an amount from a payment that is sufficient to pay the direct expenses that the Owner may reasonably expect will be Supplementary Conditions - 00810 - Page 12 of 15 NA0417\060-Lighting Upgrade\DOGS\SPECS\DIV 0\supp1cond_00810.docx Revised 10/30/07 necessary to correct any problems created by the items listed in Paragraph 14.02.D.1 . Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. SC-14.07. A FINAL PAYMENT APPLICATION — RELEASES AND WAIVERS Delete Paragraphs 14.07.A.2.d and 14.07.A.3 of the General Conditions in their entirety and replace them with the following Paragraphs 14.07.A.2.d and 14.07.A.2.e: d. all releases and waivers in Contractor's possession for obligations for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent and royalties arising out of or related to the Work. e. an affidavit of Contractor certifying and warranting to Owner that all obligations for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent and royalties arising out of or related to the Work will be fully paid and satisfied on receipt of final payment, and agreeing that the Contractor will indemnify, hold harmless and defend Owner against any and all claims, liabilities, demands, liens, damages and expenses for any obligation or asserted obligation for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent and royalties arising out of or related to the Work. SC-14.07.13 FINAL PAYMENT - REFUSAL BY ENGINEER Add the following sentence to the end of Paragraph 14.07.13.1 of the General Conditions: Engineer may refuse to recommend final payment if, in Engineer's opinion, there exists: a. Unsatisfactory progress of the Work; b. Failure to remedy defective Work or materials; C. Disputed Work or materials; e. Failure of the Contractor to make timely payment upon request, including but not limited to payment for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; f. Damage to the Owner; or g. The existence of reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. SC-14.07.0 FINAL PAYMENT - PAYMENT BECOMES DUE Delete Paragraph 14.07.C.1 of the General Conditions in its entirety and replace it with the following: Supplementary Conditions -00810 - Page 13 of 15 NA0417\060-Lighting Upgrade\DOGS\SPECS\DIV 0\supplcond_00810.docx Revised 10/30/07 1. Twenty-one (21) days after the Engineer actually receives the final Application for Payment and accompanying documentation, the amount recommended by Engineer (subject to the provisions of Paragraphs 14.02.D and 14.07.13 of these General Conditions), will become due,- and when due will be paid by Owner to Contractor within fourteen (14) days. SC-16.02 DISPUTE RESOLUTION - MEDIATION Replace Section 16.01 of the General Conditions with the following: 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. Notice of the demand for mediation will be filed in writing with the other party to the Agreement and a copy will be sent to Engineer for information. Once the other party receives the request for mediation they must notify the requestor if they desire to participate in mediation. If both parties agree to participate in mediation the parties shall establish mutually agreeable rules to abide by during the mediation process. Owner or Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or Laws or Regulations in respect of any dispute that is not agreed upon during mediation. B. Except as provided in paragraph SC-16.02.C. below, no mediation arising out of or relating to the Contract Documents shall include by consolidation, joiner, or in any other manner any other person or entity (including Engineer, Engineer's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the mediation; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the mediation, and which will arise in such proceedings; and 3. the written consent of the other individual or entity sought to be included and of Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to mediation of any dispute not specifically described in such consent or to mediation with any party not specifically identified in such consent. C. Notwithstanding paragraph SC-16.02.13, if a Claim or counterclaim, dispute or other matter in question between Owner and Contractor involves the Work of a Subcontractor, either Owner or Contractor may join such Subcontractor as a party to Supplementary Conditions -00810 - Page 14 of 15 NA0417\060-Lighting Upgrade\DOCS\SPECS\DIV 0\supplcond_00810.docx Revised 10/30/07 the mediation between Owner and Contractor hereunder. Contractor shall include in all subcontracts required by paragraph GC-6.06.G specific provision whereby the Subcontractor consents to being joined in mediation between Owner and Contractor involving the work of such Subcontractor. Nothing in this paragraph SC-16.02.0 nor in the provision of such subcontract consenting to jointer shall create any claim, right or cause of action in favor of Subcontractor and against Owner, Engineer or Engineer's Consultants that does not otherwise exist. SC-17.04 SURVIVAL OF OBLIGATIONS - STATUTES OF LIMITATIONS Add the following new paragraph immediately after 17.04.A of the General Conditions: B. Causes of action between the parties or the Engineer pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run in any and all events not later than the date of final payment to the Contractor. The Contractor shall include this provision in all contracts he enters into with subcontractors, consultants and suppliers who provide any work, products or services for this project. END OF SECTION 00810 Supplementary Conditions - 00810 - Page 15 of 15 NA0417\060-Lighting Upgrade\DOCS\SPECS\DIV 0\supp1cond_00810.docx Revised 10/30/07 MONTANA PREVAILING WAGES RATES FOR BUILDING CONSTRUCTION 2010 Effective: February 12, 2010 Brian Schweitzer, Governor State of Montana Keith Kelly, Commissioner Department of Labor and Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates visit ERD at www.mtwagehourbopa.com or contact them at: Employment Relations Division Montana Department of Labor and Industry P. O. Box 201503 Helena, MT 59620-1503 Phone 406-444-5600 TDD 406-444-5549 The Labor Standards Bureau welcomes questions, comments and suggestions from the public. In addition, we'll do our best to provide information in an accessible format, on request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated, has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of 18-2-401, et seq., Montana Code Annotated. It is required that each employer pay, as a minimum, the rate of wages, including fringe benefits, travel allowance, and per diem applicable to the district in which the work is being performed, as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at(406)444-5600 or TDD (406)444-5549. In addition, this publication provides general information concerning compliance with Montana's Prevailing Wage Law and payment of prevailing wages. For detailed compliance information relating to public works projects and payment of prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the Labor Standards Bureau at(406)444-5600 or TDD (406)444-5549. KEITH KELLY Commissioner Department of Labor and Industry State of Montana TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication ............................................................................................................................... 3 B. Definition of Building Construction ............................................................................................................. 3 C. Definition of Public Works Projects ........................................................................................................... 3 D. Prevailing Wage Schedule ..................................................................................................................... 3 E. Rates to Use for Projects ......................................:'................................................................................. 3 F. Fringe Benefits ..................................................................................................................................... 3 G. Per Diem ............................................................................................................................................ 4 H. Prevailing Wage Districts ........................................................................................................................ 4 I. Computing Travel Benefits ..................................................................................................................... 4 J. Apprentices ......................................................................................................................................... 5 K. Posting Notice of Prevailing Wages .......................................................................................................... 5 L. Employment Preference ......................................................................................................................... 5 M. Building Construction Occupations Website .............................................................................................. 5 N. Welders' Rates ..................................................................................................................................... 5 0. Foremans' Rates .................................................................................................................................. 5 WAGE RATES: BOILERMAKERI .......................................................................................................................................... 6 BRICK,BLOCK,AND STONE MASONS ........................................................................................................... 6 CARPENTERI ............................................................................................................................................. 7 CEMETN MASONS(including Plasterers ......................................................................................................... 8 CONSTRUCTION EQUIPMENT OPERATORS OPERATORSGROUP 2 ............................................................................................................................... 8 OPERATORSGROUP 3 ............................................................................................................................... 9 OPERATORSGROUP 4 ............................................................................................................................... 9 OPERATORSGROUP 5 ............................................................................................................................... 10 OPERATORSGROUP 6 ............................................................................................................................... 10 OPERATORSGROUP 7 1 ............................................................................................................................... 11 CONSTRUCTION LABORERS LABORERSGROUP 1 .................................................................................................................................. 11 LABORERSGROUP 2 .................................................................................................................................. 12 LABORERSGROUP 3 .................................................................................................................................. 13 LABORERSGROUP 4 .................................................................................................................................. 14 DRYWALLAPPLICATOR I .............................................................................................................................. 15 ELECTRICIAN (including Building Automation Control ....................................................................................... 16 ELEVATOR CONSTRUCTOR/REPAIRER I ......................................................................................................... 17 FLOORLAYER I ............................................................................................................................................ 17 GLAZIERI ................................................................................................................................................... 18 HEATING AND AIR CONDITIONING I ............................................................................................................... 18 INSULATIONWORKERS Heat and Frost ....................................................................................................... 18 IRONWORKER-STRUCTURAL STEEL AND REBAR PLACER I ............................................................................ 19 MILLWRIGHTI ............................................................................................................................................. 19 PAINTER (including Paperhanger) I .................................................................................................................. 20 PILEBUCK I ................................................................................................................................................ 20 PLUMBER, PIPEFITTER,AND STEAMFITTER I ................................................................................................. 21 ROOFERI ................................................................................................................................................... 22 SHEETMETAL WORKER ........................................................................................................................... 22 SPRINKLERFITTER I ...........................................................................................................................I......... 23 TAPERI ...................................................................................................................................................... 23 TEAMSTERSGROUP 2 1 ............................................................................................................................... 23 TELECOMMUNICATIONS EQUIPMENT INSTALLER .................................................................................... 24 TILESETTER I ............................................................................................................................................. 1 24 A.Date of Publication February 12,2010 B.Definition of Building Construction For the purposes of Prevailing Wage,the Commissioner of Labor and Industry has determined that building construction occupations are defined to be those performed by a person engaged in a recognized trade or craft, or any skilled, semiskilled,or unskilled manual labor related to the construction,alteration,or repair of a public building or facility,and does not include engineering,superintendence,management,office or clerical work. The Administrative Rules of Montana(ARM)24.17.501 (2)—2(a),Public Works Contracts for Construction Services Subject to Prevailing Wage Rates,states: "Building construction projects generally are the constructions ofsheltered enclosures with walk-in access for housing persons, machinery, equipment, or supplies. It includes all construction of such structures, incidental installation of utilities and equipment, both above and below grade level, as well as incidental grading utilities and paving. Examples of building construction include, but are not limited to, alterations and additions to buildings, apartment buildings (5 stories and above), arenas(closed), auditoriums, automobile parking garages, banks and financial buildings, barracks, churches, city halls, civic centers, commercial buildings, courthouses,detention facilities, dormitories,farm buildings,fire stations, hospitals,hotels, industrial buildings, institutional buildings, libraries, mausoleums,motels, museums, nursing and convalescent facilities, office buildings, out patient clinics,passenger and freight terminal buildings,police stations,post offices,powerplants,prefabricated buildings, remodeling buildings, renovating buildings, repairing buildings, restaurants, schools, service stations, shopping centers,stores, subway stations, theaters, warehouses, water and sewage treatment plants(buildings only), etc." C.Definition of Public Works Projects The Montana Code Annotated(18-2-401 (11)(a))defines "public works contract"as "a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of$2.i,000... " D.Prevailing Wage Schedule This publication covers only Building Construction occupations and rates. These rates will remain in effect until superseded by a more current publication.Current prevailing wage rates schedules for Heavy Construction,Highway Construction,and Nonconstruction Services occupations can be found on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at(406)444-5600 or TDD(406)444-5549. E.Rates to use for Projects Rates to be used on a public works projects are those that are in effect at the time the project and bid specifications are advertised. F.Fringe Benefits Section 18-2-412 of the Montana Code Annotated states: "(1) To fulfill the obligation...a contractor or subcontractor may: (a)pay the amount offringe benefits and the basic hourly rate ofpay that is part of the standard prevailing rate ofwages directly to the worker or employee in cash; (b)make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund,plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or [3] (c)make payments using any combination of methods setforth 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 and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund,plan, or program described in subsection(1)(b)must provide benefits to workers or employees for health care,pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor." Fringe benefits are paid for all hours worked(straight time and overtime hours). However,fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. G. Per Diem Per Diem typically covers the costs associated with board and lodging expenses and are paid when an employee is required to work at a location outside the daily commuting distance and is required to stay overnight or longer. H.Prevailing Wage Districts Montana counties are aggregated into 10 districts for the purpose of prevailing wage. The prevailing wage districts are composed of the following counties: OkOiv Qarx.�s StaaNan Took I16M NS FlatAead Pander- Blarie Philps Ty Roonv.t lak. Talon "Cno�rtaau �s7j MN-4Sanders bb COM t-d �aa� Feryos 4 B sN 7 RnW Oarikld Oaason ssoUla b s OrNice Pawla ,�,x stlstarl Rosebud Prank TV,- C— FaOon He weer rta . s 10 �3 Yrion Weabn ae Park Hkoam PFb— Caner rhdison Calbw Beavnhead I.Computing Travel Benefits Travel pay,for the purposes of public works projects,shall be determined by measuring the road miles(one way)over the shortest practical maintained route from the county courthouse of the designated city for each district or the employee's home, whichever is closer, to the center of the job. Each city shall be considered the point of origin only for jobs within the counties identified in that district(as shown below): District 1 -Kalispell: includes Flathead,Lake, Lincoln,and Sanders Counties District 2-Missoula: includes Mineral, Missoula,and Ravalli Counties District 3-Butte: includes Beaverhead,Deer Lodge,Granite,Madison,Powell,and Silver Bow Counties District 4-Great Falls: includes Blaine,Cascade,Chouteau,Glacier,Hill,Liberty,Pondera,Teton,and Toole Counties District 5-Helena: includes Broadwater,Jefferson,Lewis and Clark,and Meagher Counties District 6-Bozeman: includes Gallatin,Park,and Sweet Grass Counties District 7-Lewistown: includes Fergus,Golden Valley,Judith Basin,Musselshell,Petroleum,and Wheatland Counties District S-Billings: includes Big Horn, Carbon, Rosebud, Stillwater,Treasure,and Yellowstone Counties District 9-Glasgow: includes Daniels,Garfield,McCone,Phillips, Richland, Roosevelt,Sheridan,and Valley Counties District 10-Miles City: includes Carter,Custer,Dawson,Fallon,Prairie,Powder River,and Wibaux Counties 14] I Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. However,apprentices not registered in approved federal or state apprenticeship programs will be paid the prevailing wage rate when working on a public works contract. K. Posting Notice of Prevailing Wages Section 18-2-406, Montana Code Annotated,provides that contractors,subcontractors,and employers who are performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible.site on the project or staging area, not later than the first day of work, and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees." L.Employment Preference Sections 18-2-403 and 18-2-409,Montana Code Annotated, require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. M. Building Construction Occupations You can find definitions for these occupations on the following Bureau of Labor Statistics website: http://www.bls.gov/oes/current/oes_stru.htm N.Welders Welders receive rate prescribed for craft perfon-ning operation to which welding is incidental. O. Foreman occupations Rates are no longer set for foreman. However, if a foreman performs journey level work,the foreman must be paid at least the journey level rate. [5] WAGE RATES BOILERMAKER Wage Benefit Travel: (all districts) District 1 $30.80 $19.34 0-120 mi. free zone District 2 $30.80 $19.34 121+ mi. federal mileage rate/mi. District 3 $30.80 $19.34 District 4 $30.80 $19.34 Per Diem: (all districts) District 5 $30.80 $19.34 0-70 mi. free zone District 6 $30.80 $19.34 71-120 mi. $45/day District 7 $30.80 $19.34 121+ mi. $60/day District 8 $30.80 $19.34 District 9 $30.80 $19.34 District 10 $30.80 $19.34 BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel: (all districts) District 1 $25.35 $ 9.91 0-45 mi. free zone District 2 $25.35 $ 9.91 46-60 mi. $25/day District 3 $24.94 $10.45 61-90 mi. $65/day District 4 $24.94 $10.45 91+ mi. $75/day District 5 $24.94 $10.45 District 6 $23.98 $ 9.91 District 7 $24.94 $10.45 District 8 $24.94 $10.45 District 9 $23.98 $ 9.91 District 10 $24.94 $10.45 [6] CARPENTER Wage Benefit Travel: District 1 $18.96 $6.67 Districts 4, 7, 9 District 2 $19.11 $8.85 0-15 mi. free zone District 3 $22.50 $8.10 16-30 mi. base pay + $2.50/hr District 4 $18.34 $8.40 31-50 mi. base pay + $3.75/hr District 5 $19.74 $5.30 51+ mi. base pay + $6.25/hr District 6 $18.36 $4.50 District 7 $18.34 $8.40 Travel: District 8 $18.00 $8.12 Districts 5, 6 District 9 $17.39 $5.20 0-30 mi. free zone District 10 $19.00 $8.40 31-60 mi. base pay + $3.70/hr 61+ mi. base pay + $5.60/hr Travel: Districts 1 & 2 Travel: 0-30 mi. free zone District 8 31-50 mi. $20/day 0-15 mi. free zone 51+ mi. $30/day 16-30 mi. $10/day 31-50 mi. $15/day Travel: 51+ mi. $25/day District 3 0-30 mi. free zone Travel: 31-50 mi. $18/day District 10 51+ mi. $25/day 0-15 mi. free zone 16-30 mi. base pay + $0.75/hr 31-50 mi. base pay + $1.00/hr 51+ mi. base pay + $1.50/hr Duties Include: Install roll and batt Insulation. [7] CEMENT MASON (Including Plasterers) Wage Benefit Travel: District 1 $17.73 $3.52 Districts 1 &2 District 2 $18.33 $7.96 0-30 mi. free zone District 3 $20.24 $7.86 31-60 mi. base pay+ $1.05/hr District 4 $18.33 $7.96 61+ mi. base pay+ $1.50/hr District 5 $18.33 $4.59 District 6 $18.33 $2.11 Travel: District 7 $18.33 $7.96 Districts 3-10 District 8 $17.70 $4.98 0-30 mi. free zone District 9 $18.33 $7.96 31-60 mi. base pay+ $2.95/hr District 10 $18.33 $7.96 61+ mi. base pay+ $4.75/hr Duties Include: Smooth and finish surfaces of poured concrete, such as floors,walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Travel: (all districts) District 1 $22.94 $9.05 0-30 mi. free zone District 2 $22.94 $9.05 31-60 mi. base pay+ $3.50/hr District 3 $22.94 $9.05 61+ mi. base pay+ $5.50/hr District 4 $22.94 $9.05 District 5 $21.72 $6.64 District 6 $22.94 $9.05 District 7 $22.94 $9.05 District 8 $22.94 $9.05 District 9 $22.94 $9.05 District 10 $22.94 $9.05 This group includes but is not limited to: Air Doctor; Backhoe\Excavator\Shovel, to and incl. 3 cu.yds; Bit Grinder; Bituminous Paving Travel Plant; Boring Machine, Large; 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.yds to and inc. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts& Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumperete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot(Self-Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6ft; Trenching Machine; Washing/Screening Plant. 181 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Travel: (all districts) District 1 $23.34 $9.05 0-30 mi. free zone District 2 $23.34 $9.05 31-60 mi. base pay + $3.50/hr District 3 $23.34 $9.05 61+ mi. base pay+ $5.50/hr District 4 $23.34 $9.05 District 5 $21.97 $5.76 District 6 $18.77 $2.50 District 7 $23.34 $9.05 District 8 $23.34 $9.05 District 9 $23.34 $9.05 District 10 $23.34 $9.05 This group includes but is not limited to: Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt (Breakdown & Finish); Rotomill, over Eft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat. CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Travel: (all districts) District 1 $24.00 $9.05 0-30 mi. free zone District 2 $24.00 $9.05 31-60 mi. base pay + $3.50/hr District 3 $24.00 $9.05 61+ mi. base pay+ $5.50/hr District 4 $24.00 $9.05 District 5 $24.00 $9.05 District 6 $24.00 $9.05 District 7 $24.00 $9.05 District 8 $24.00 $9.05 District 9 $24.00 $9.05 District 10 $24.00 $9.05 This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons-44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. 191 CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Travel: (all districts) District 1 $24.50 $9.05 0-30 mi. free zone District 2 $24.50 $9.05 31-60 mi. base pay+ $3.50/hr District 3 $24.50 $9.05 61+ mi. base pay+ $5.50/hr District 4 $24.50 $9.05 District 5 $24.50 $9.05 District 6 $24.50 $9.05 District 7 $24.50 $9.05 District 8 $24.50 $9.05 District 9 $24.50 $9.05 District 10 $24.50 $9.05 This group includes but is not limited to: Cranes,45 tons to and incl.74 tons. CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Travel: (all districts) District 1 $25.60 $9.05 0-30 mi. free zone District 2 $25.60 $9.05 31-60 mi. base pay+ $3.50/hr District 3 $25.60 $9.05 61+ mi. base pay+ $5.50/hr District 4 $25.60 $9.05 District 5 $25.60 $9.05 District 6 $25.60 $9.05 District 7 $25.60 $9.05 District 8 $23.00 $9.05 District 9 $25.60 $9.05 District 10 $25.60 $9.05 This group includes but is not limited to: Cranes, 75 tons to and incl.149 tons; Cranes,Whirley(ALL). [10] CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Travel: (all districts) District 1 $26.10 $9.05 0-30 mi. free zone District 2 $26.10 $9.05 31-60 mi. base pay+ $3.50/hr District 3 $26.10 $9.05 61+ mi. base pay + $5.50/hr District 4 $26.10 $9.05 District 5 $26.10 $9.05 District 6 $26.10 $9.05 District 7 $26.10 $9.05 District 8 $26.10 $9.05 District 9 $26.10 $9.05 District 10 $26.10 $9.05 This group includes but is not limited to: Cranes, 150 tons to and incl. 250 tons; Cranes, over 250 tons-add $1.00 for every 100 tons over 250 tons; Crane, Tower (All); Crane Stiff-Leg or Derrick; Helicopter Hoist. CONSTRUCTION LABORERS GROUP 1 (Flag person) Wage Benefit Travel: District 1 $16.30 $6.52 Districts 1, 3, 4, 5, 6, 7, 8, 9, 10 District 2 $19.40 $6.72 0-15 mi. free zone District 3 $16.30 $6.52 16-30 mi. base pay+ $0.65/hr District 4 $16.30 $6.52 31 50+ mi. base pay + $0.85/hr District 5 $16.30 $6.52 51+ mi. base pay+ $1.25/hr District 6 $16.30 $6.52 District 7 $16.30 $6.52 Travel: District 8 $16.30 $6.52 District 2 District 9 $16.30 $6.52 0-30 mi. free zone District 10 $16.30 $6.52 31-60 mi. base pay+ $1.50/hr 61+ mi. base pay + $2.00/hr [I1] CONSTRUCTION LABORERS GROUP 2 Wage Benefit Travel: District 1 $17.25 $2.46 District 2 District 2 $15.10 $3.61 0-30 mi. free zone District 3 $17.11 $5.89 31-60 mi. base pay+ $1.50/hr District 4 $15.69 $3.20 61+ mi. base pay+ $2.00/hr District 5 $16.71 $4.84 District 6 $15.32 $3.35 Travel: District 7 $17.30 $1.71 Districts 3, 5, 6 District 8 $14.35 $4.53 0-15 mi. free zone District 9 $15.15 $3.71 16-30 mi. base pay+ $1.55/hr District 10 $17.25 $1.71 31-50 mi. base pay+ $3.10/hr 51+ mi. base pay+ $4.65/hr Travel: Districts 1, 4, 7, 8, 9, 10 0-15 mi. free zone 16-30 mi. base pay+ $0.65/hr 31-50 mi. base pay'+ $0.85/hr 51+ mi. base pay + $1.25/hr This group includes but is not limited to: General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler(dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. [12] CONSTRUCTION LABORERS GROUP 3 Wage Benefit Travel: District 1 $17.30 $6.52 District 2 District 2 $19.80 $6.72 0-30 mi. free zone District 3 $18.33 $7.27 31-60 mi. base pay + $1.50/hr District 4 $16.25 $6.52 61+ mi. base pay+ $2.00/hr District 5 $17.89 $5.19 District 6 $17.34 $5.30 Travel: District 7 $17.30 $6.52 Districts 3, 6 District 8 $17.30 $6.52 0-15 mi. free zone District 9 $17.30 $6.52 16-30 mi. base pay+ $0.65/hr District 10 $17.30 $6.52 31-50 mi. base pay+ $0.75/hr 51+ mi. base pay+ $1.25/hr Travel: Districts 1, 4, 7, 8, 9, 10 Travel: 0-15 mi. free zone District 5 16-30 mi. base pay+ $0.65/hr 0-15 mi. free zone 31-50+ mi. base pay + $0.85/hr 16-30 mi. base pay+ $0.93/hr 51+ mi. base pay + $1.25/hr 31-50 mi. base pay+ $1.31/hr 51+ mi. base pay+ $2.09/hr This group includes but is not limited to: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer(Pavement Breaker) Non-Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. [13] CONSTRUCTION LABORERS GROUP 4 Wage Benefit Travel: District 1 $16.35 $6.57 Districts 1, 4, 7, 8, 9, 10 District 2 $18.01 $6.57 0-15 mi. free zone District 3 $15.00 $6.57 16-30 mi. base pay + $0.65/hr District 4 $19.00 $6.62 31-50 mi. base pay + $0.85/hr District 5 $22.09 $6.57 51+ mi. base pay + $1.25/hr District 6 $21.50 $6.22 District 7 $19.00 $6.62 Travel: District 8 $14.00 $6.52 District 2 District 9 $17.35 $6.10 0-30 mi. free zone District 10 $17.35 $6.52 31-50 mi. base pay + $1.50/hr 50+ mi. base pay + $2.00/hr Travel: Districts 3, 5, 6 0-15 mi. free zone 16-30 mi. base pay + $1.55/hr 31-50 mi. base pay + $3.10/hr 51+ mi. base pay + $4.65/hr This group includes but is not limited to: Hod Carrier`**; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High- Scaler; Power Saws (Faller & Concrete) Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder including Air Arc. Note: ***Hod Carriers will receive the same amount of travel and/or subsistence pay as bricklayers when requested to travel. [14] DRYWALL APPLICATOR Wage Benefit Travel: District 1 $18.70 $8.20 Districts 4, 7, 9 District 2 $20.65 $8.85 0-15 mi. free zone District 3 $22.50 $8.10 16-30 mi. base pay+ $2.50/hr District 4 $18.34 $8.40 31-50 mi. base pay+ $3.75/hr District 5 $19.74 $8.90 51+ mi. base pay+ $6.25/hr District 6 $19.74 $8.90 District 7 $18.34 $8.40 Travel: District 8 $18.15 $8.60 Districts 5, 6 District 9 $18.34 $8.40 0-30 mi. free zone District 10 $19.00 $8.40 31-60 mi. base pay+ $3.70/hr 61+ mi. base pay + $5.60/hr Travel: Districts 1 & 2 Travel: 0-30 mi. free zone District 8 31-50 mi. $20/day 0-15 mi. free zone 51+ mi. $30/day 16-30 mi. $10/day 31-50 mi. $15/day Travel: 51+ mi. $25/day District 3 0-30 mi. free zone Travel: 31-50 mi. $18/day District 10 51+ mi. $25/day 0-15 mi. free zone 16-30 mi. base pay+ $0.75/hr 31-50 mi. base pay+ $1.00/hr 51+ mi. base pay+ $1.50/hr Duties Include: Drywall and ceiling tile installation. []5] ELECTRICIAN (INCLUDING BUILDING AUTOMATION CONTROL) Wage Benefit Travel: District 1 $27.02 $ 9.89 Districts 4, 5, 7 District 2 $26.92 $ 9.89 0-8 mi. free zone District 3 $26.27 $10.92 9-50 mi. federal mileage rate/mi. District 4 $27.00 $ 9.94 District 5 $27.03 $10.21 Per Diem: District 6 $26.29 $ 9.72 Districts 4, 5, 7 District 7 $28.36 $10.80 $54/day District 8 $28.15 $10.73 District 9 $28.15 $10.73 Travel: District 10 $29.55 $10.73 District 6 19-60 mi. federal mileage rate/mi. Travel: 0-18 mi. free zone Districts 1 & 2 0-10 mi. free zone Per Diem: 11-45 mi. $0.45/mi. District 6 $55/day Per Diem: Districts 1 & 2 Travel: $45/day Districts 8, 9, 10 0-18 mi. free zone Travel: 19-60 mi. federal mileage rate/mi. District 3 0-10 mi. free zone Per Diem: 11-55 mi. federal mileage rate/mi. Districts 8, 9, 10 $75/day Per Diem: District 3 $60/day Duties Include: Electrical wiring; equipment and fixtures; street lights; electrical control systems. [16] ELEVATOR CONSTRUCTOR Wage Benefit Travel: (all districts) District 1 $42.91 $21.89 0-15 mi. free zone District 2 $42.91 $21.89 16-25 mi. $32.46 District 3 $42.91 $21.89 26-35 mi. $64.91 District 4 $42.91 $21.89 35+ mi. actual travel time (at the prevailing wage District 5 $42.91 $21.89 rate) + $0.63/mi. District 6 $42.91 $21.89 District 7 $42.91 $21.89 Per Diem: (all districts) District 8 $42.91 $21.89 $72.55/day District 9 $42.91 $21.89 District 10 $42.91 $21.89 FLOOR LAYER Wage Benefit Travel: District 1 $15.11 $6.27 Districts (all districts) District 2 $16.60 $6.27 0-10 mi. free zone District 3 $20.00 $8.20 11+ mi. $0.40/mi. District 4 $16.60 $6.27 District 5 $16.60 $6.27 Per Diem: District 6 $20.00 $8.20 Districts 1, 2, 4, 5, 7, 9 District 7 $16.60 $6.27 $32/day District 8 $20.00 $8.20 District 9 $16.60 $6.27 Per Diem: District 10 $20.00 $8.20 Districts 3, 6, 8, 10 Employer pays transportation expenses Duties Include: Apply blocks, strips, or sheets of shock-absorbing, sound-deadening, or decorative coverings to floors, including carpets. Scrap, sand, and apply of coats of finish to wooden floors. [17] GLAZIER Wage Benefit Travel: District 1 $16.60 $6.27 Districts (all districts) District 2 $16.60 $6.27 0-10 mi. free zone District 3 $20.00 $8.20 11+ mi. $0.40/mi. District 4 $16.60 $6.27 District 5 $13.00 $0.70 Per Diem: District 6 $18.92 $2.69 Districts 1, 2, 4, 5, 7, 9 District 7 $16.60 $6.27 $32/day District 8 $13.35 $4.94 District 9 $16.60 $6.27 Per Diem: District 10 $20.00 $8.20 Districts 3, 6, 8, 10 Employer pays transportation expenses. HEATING AND AIR CONDITIONING Wage Benefit Travel: (all districts) District 1 $25.09 $13.07 0-30 mi. free zone District 2 $25.09 $13.07 31+ mi. $0.25/mi. in employer's vehicle; $0.55/mi. District 3 $25.09 $13.07 in employee's vehicle District 4 $25.09 $13.07 District 5 $25.09 $13.07 Per Diem: (all districts) District 6 $25.09 $13.00 $50/day District 7 $25.09 $13.07 District 8 $25.09 $13.07 District 9 $25.09 $13.07 District 10 $25.09 $13.07 INSULATION WORKER-MECHANICAL (HEAT AND FROST) Wage Benefit Travel: (all districts) District 1 $24.24 $13.90 0-30 mi. free zone District 2 $24.24 $13.90 31-40 mi. $16.50/day District 3 $24.24 $13.90 41-50 mi. $21/day District 4 $23.34 $12.30 51-60 mi. $26.50/day District 5 $24.24 $13.90 61-70 mi. $37.50/day District 6 $24.24 $12.90 District 7 $24.24 $13.90 Per Diem: (all districts) District 8 $24.24 $12.90 71+ mi. $63/day + $0.40/mi. District 9 $24.24 $13.90 District 10 $24.24 $13.90 Duties Include: Insulate pipes, ductwork or other mechanical systems. [I8] IRONWORKER-STRUCTURAL STEEL AND REBAR PLACER Wage Benefit Travel: District 1 $24.17 $15.80 Districts 1 & 2 District 2 $24.17 $15.80 0-45 mi. free zone District 3 $24.75 $13.80 46-60 mi. $30/day District 4 $25.30 $16.76 61-100 mi. $55/day District 5 $24.75 $13.80 101+ mi. $75/day District 6 $24.75 $13.80 District 7 $25.30 $16.76 Travel: District 8 $24.75* $13.80* Districts 3-10 District 9 $20.45 $12.76 0-45 mi. free zone District 10 $24.75 $13.80 46-85 mi. $45/day 86+ mi. $75/day *Corrected 03/24/2010 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. MILLWRIGHT Wage Benefit Travel: District 1 $24.65 $8.85 Districts 4, 7, 9 District 2 $24.65 $8.85 0-15 mi. free zone District 3 $24.75 $8.10 16-30 mi. base pay+ $2.50/hr District 4 $19.34 $8.40 31-50 mi. base pay+ $3.75/hr District 5 $23.74 $8.90 51+ mi. base pay + $6.25/hr District 6 $23.74 $8.90 District 7 $19.34 $8.40 Travel: District 8 $26.40 $8.60 Districts 5, 6 District 9 $19.34 $8.40 0-30 mi. free zone District 10 $19.34 $8.40 31-60 mi. base pay+ $3.70/hr 61+ mi. base pay + $5.60/hr Travel: Districts 1 &2 Travel: 0-30 mi. free zone District 8 31-50 mi. $20/day 0-15 mi. free zone 51+ mi. $30/day 16-30 mi. $10/day 31-50 mi. $15/day Travel: 51+ mi. $25/day District 3 0-30 mi. free zone 31-50 mi. $18/day Travel: 51+ mi. $25/day District 10 0-15 mi. free zone 16-30 mi. base pay + $0.75/hr 31-50 mi. base pay + $1.00/hr 51+ mi. base pay + $1.50/hr [191 CORRECTED PAINTER (Including Paperhanger) Wage Benefit Travel: District 1 $16.60 $6.27 Districts (all districts) District 2 $16.60 $6.27 0-10 mi. free zone District 3 $20.00 $8.20 11+ mi. $0.40/mi. District 4 $16.60 $6.27 District 5 $16.60 $6.27 Per Diem: District 6 $18.30 $0.57 Districts 1, 2, 4, 5, 7, 9 District 7 $16.60 $6.27 $32/day District 8 $16.25 $2.00 District 9 $16.60 $6.27 Per Diem: District 10 $20.00 $8.20 Districts 3, 6, 8, 10 Employer pays transportation expenses. PILE BUCK Wage Benefit Travel: District 1 $20.20 $8.85 District 3 District 2 $20.20 $8.85 0-30 mi. free zone District 3 $23.00 $8.10 31-50 mi. $18/day District 4 $18.34 $8.40 51+ mi. $25/day District 5 $19.99 $8.90 District 6 $19.99 $8.90 Travel: District 7 $18.34 $8.40 Districts 4, 7, 9, 10 District 8 $19.99 $8.90 0-15 mi. free zone District 9 $18.34 $8.40 16-30 mi. $2.50/hr District 10 $18.34 $8.40 31-50 mi. $3.75/hr 51+ mi. $6.25/hr Travel• Districts 1 & 2 Travel: 0-30 mi. free zone Districts 5, 6, 8 31-50 mi. $20/day 0-30 mi. free zone 51+ mi. $30/day 31-60 mi. $3.70/hr 61+ mi. $5.60/hr Duties Include: Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. [201 PLUMBERS, PIPEFITTERS AND STEAMFITTERS Wage Benefit Travel: District 1 $26.21 $11.23 Districts 3, 4, 5, 6 District 2 $26.31 $10.82 0-40 mi. free zone District 3 $28.00 $10.75 41-80 mi. $15/day District 4 $28.00 $10.75 81+ mi. $30/day District 5 $28.00 $10.75 District 6 $27.06 $ 6.60 Per Diem: District 7 $27.15 $13.05 Districts 3, 4, 5, 6 District 8 $27.15 $12.95 0-40 mi. free zone District 9 $27.15 $12.95 41-80 mi. $30/day District 10 $27.15 $12.95 81+ mi. $70/day Travel: Travel: Districts 1 & 2 Districts 7, 8, 9, 10 0-30 mi. free zone 0-40 mi. free zone 31-50 mi. $20/day 41+ mi. $0.55/m. 51-75 mi. $35/day Per Diem: Per Diem: Districts 7, 8, 9, 10 Districts 1 & 2 $70/day 76+ mi. $70/day Duties Include: Assemble, install, alter, and repair pipe-lines or pipe systems that carry water, steam, air, other liquids or gases. Workers in this occupation may also install heating and cooling equipment and mechanical control systems. [21] ROOFER Wage Benefit Travel: District 1 $20.63 $8.45 Districts 3, 4, 5, 6 District 2 $20.63 $8.45 Prevailing wage paid one way for District 3 $18.00 $6.35 travel outside the city limits of each District 4 $18.00 $6.35 designated city of each district. District 5 $18.00 $2.88 District 6 $16.59 $3.94 Per Diem: District 7 $18.90 $0.54 Districts 3, 4, 5, 6 District 8 $18.90 $0.54 Room + $23/day. District 9 $18.90 $0.54 District 10 $12.00 $0.54 Travel: Districts 7, 8, 9, 10 Travel: (Company vehicle) Districts 1 & 2 0-30 mi. free zone (Company vehicle) 31+ mi. prevailing wage rate both ways one-time 0-50 mi. free zone (Employees vehicle) 51+ mi. $0.30/mi. one way No free zone (Employees vehicle) $0.25/mi. both ways No free zone $0.30/mi. both ways Per Diem: Districts 7, 8, 9, 10 Per Diem: $35/day Districts 1 & 2 $48/day $24/last day SHEET METAL WORKER Wage Benefit Travel: (all districts) District 1 $25.09 $10.02 0-30 mi. free zone District 2 $25.09 $13.07 31+mi. $0.25/mi. in employer's vehicle; $0.55/mi. in District 3 $25.09 $13.07 employee's vehicle District 4 $25.09 $13.07 District 5 $25.09 $13.07 Per Diem: (all districts) District 6 $23.27 $ 6.85 $50/day District 7 $25.09 $13.07 District 8 $25.09 $13.07 District 9 $25.09 $13.07 District 10 $25.09 $13.07 [22] SPRINKLER FITTER Wage Benefit Travel: (all districts) District 1 $29.50 $15.55 0-60 mi. free zone District 2 $29.50 $13.50 61-80 mi. $15/day District 3 $29.50 $15.55 81-100 mi. $25/day District 4 $29.50 $15.55 101+ mi. $0.40 mi. + '/4 of the prevailing wage rate District 5 $29.50 $15.55 for every 15 mi. traveled, not to exceed 8 hours per District 6 $29.50 $15.55 day in any 24 hour period. District 7 $29.50 $15.55 District 8 $28.09 $ 6.62 Per Diem: (all districts) District 9 $29.50 $15.55 $75/day when travelling in excess of 100 mi. District 10 $29.50 $15.55 TAPER Wage Benefit Travel: (all districts) District 1 $16.22 $5.92 0-10 mi. free zone District 2 $16.60 $6.27 11+ mi. $0.40/mi. District 3 $20.00 $8.20 District 4 $16.60 $6.27 Per Diem: District 5 $16.60 $6.27 Districts 1, 2, 4, 5, 7, 9 District 6 $20.00 $8.20 $32/day District 7 $16.60 $6.27 District 8 $20.00 $8.20 Per Diem: District 9 $16.60 $6.27 Districts 3, 6, 8, 10 District 10 $20.00 $8.20 Employer pays transportation expenses. TEAMSTERS GROUP 2 Wage Benefit Travel: (all districts) District 1 $21.45 $6.60 0-15 mi. free zone District 2 $21.45 $6.60 16-30 mi. base pay + $0.65/hr District 3 $21.45 $6.60 31-50 mi base pay + $0.85/hr District 4 $21.45 $6.60 51+mi. base pay + $1.25/hr District 5 $21.45 $6.60 District 6 $21.45 $6.60 District 7 $21.45 $6.60 District 8 $21.45 $6.60 District 9 $21.45 $6.60 District 10 $21.45 $6.60 [23] TELECOMMUNICATIONS EQUIPMENT INSTALLERS Wage Benefit Travel: (all districts) District 1 $21.81 $8.61 Federal mileage rate/mi. District 2 $21.81 $8.61 District 3 $21.66 $6.94 Per Diem: (all districts) District 4 $21.66 $6.94 Employer pays for meals and lodging up to District 5 $21.66 $6.94 $70/day. District 6 $21.38 $7.27 District 7 $21.81 $8.61 District 8 $20.80 $4.75 District 9 $21.66 $6.94 District 10 $21.81 $8.61 Duties Include: Install voice; sound; vision and data systems. This occupation includes burglar alarms, fire alarms, fiber optic systems, and video systems for security or entertainment. TILE AND MARBLE SETTER Wage Benefit Travel: (all districts) District 1 $17.74 $9.96 0-45 mi. free zone District 2 $17.74 $9.96 46-60 mi. $25/day District 3 $17.74 $9.96 61-90 mi. $65/day District 4 $17.74 $9.96 91+ mi. $75/day District 5 $17.74 $9.96 District 6 $17.74 $9.96 District 7 $17.74 $9.96 District 8 $17.74 $9.96 District 9 $17.74 $9.96 District 10 $17.74 $9.96 [24] Notice of Award Dated O(o- to Project: Owner: Owner's Contract No.: Swim Center Natatorium Lighting Upgrade Citv of Bozeman Contract: Engineer's Project No.: Swim Center Natatorium Lighting Upgrade 0417.060.050.000315 Bidder: Liberty Electric Bidder's Address:(send Certified Mail,Return Receipt Requested) 9660 Summit Drive,Missoula MT 59808 You are notified that your Bid dated November 9,2010 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for the Swim Center Natatorium Lighting Upgrade (Indicate total Work,alternates or sections or Work awarded.) The Contract Price of your Contract is Eighty-Eight Thousand,Six Hundred and Eighty-One Dollars ($ 88,681.00 ), 6 copies of each of the proposed Contract Documents(except Drawings) accompany this Notice of Award. 2 sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date you receive this Notice of Award. 1. Deliver to the Owner 5 fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 2.01 and 5.01) and Supplementary Conditions (Paragraph SC-2.01). 3. Other conditions precedent: Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award and declare your Bid security forfeited. Within fifteen days after you comply with the above conditions, Owner will return to you two fully executed counterparts of the Contract Documents. C 114T.4 afp Ow By: r 1� Authorized pignature Title Copy to Engineer Notice of Award— Page 1 of 1 N:\0417\059-Pump Replacement\DOCS\SPECS\DIV 0\notice award c-510.docx 11/19/10 — Notice to Proceed Dated Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address: [send Certified Mail, Return Receipt Requested] You are notified that the Contract Times under the above contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is and the number of days to achieve readiness for final payment is 1. Before you may start any Work at the Site, Paragraph 2.01.E of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site,you must[add other requirements]: (Contractor) Owner Received by: Given by: Authorized Signature Q n >2JR (Title) Title 1-,3-ate (Date) Date Copy to Engineer Notice to Proceed—Page 1 of 1 NA04171060-Lighting Upgrade\DOMSPECSON 0\noHce_procd_c-550.docx 9130/10 Change Order No. Date of Issuance: Effective Dale: Project: Owner: Owners Contract No,: Contract: Dale of Contract: Contractor: Engineer's Project No,: The Contract Documents are modified as follows upon execution of this Change Order: Description: Attachments: (List documents supporting change): CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ❑ Working days ❑ Calendar days Substantial completion(days or date): $ Ready for final payment(days or date): [Increase][Decrease]from previously approved Change [Increase][Decrease] from previously approved Change Orders Orders No. to No. No. to No. Substantial completion(days): $ Ready for final payment(days): Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion(days or date): $ Ready for final payment(days or date): [Increase][Decrease]of this Change Order: [Increase][Decrease]of this Change Order: Substantial completion(days or date): $ Ready for final payment(days or date): Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion(days or date): $ Ready for final payment(days or date): RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature) Date: Date: Date: Approved by Funding Agency(if applicable): Date: Change Order—Page 1 of 2 N:\0417\060-Lighting Upgrade\DOCS\SPECS\DIV 0\chg_order c-941.docx Revised 6/27/03 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. Change Order-Page 2 of 2 NA0417\060-Lighting Upgrade\DOCS\SPECS\DIV 0\chg_order—c-941.docx Revised 6/27/03 Field Order No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineers Project No.: Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.05A., for minor changes in the Work without changes in Contract Price or Contract Times. If you consider that a change in Contract Price or Contract Times is required,please notify the Engineer immediately and before proceeding with this Work. Reference: (Specification Section(s)) (Drawing(s)/Detail(s)) Description: Attachments: Engineer: Receipt Acknowledged by(Contractor): Dale: Copy to Owner Field Order—Page 1 of 1 N:\0417\060-Lighting Upgrade\DOGS\SPECS\DIV 0\field_order_c-942.docx Revised 6126/03 Work Change Directive No. Date of Issuance: Effective Date: Project' Owner: Owners Contract No.: Contract: Dale of Contract: Contractor: Engineers Project No.. You are directed to proceed promptly with the following change(s): Item No. Description Attachments(list documents supporting change): Purpose for Work Change Directive: Authorization for Work described herein to proceed on the basis of Cost of the Work due to: Nonagreement on pricing of proposed change. ❑ Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. Estimated change in Contract Price and Contract Times: Contract Price$ (increase/decrease) Contract Time (increase/decrease) days If the change involves an increase,the estimated amounts are not to be exceeded without further authorization. Recommended for Approval by Engineer: Dale Authorized for Owner by: Dale Accepted for Contractor by: Date Approved by Funding Agency(if applicable): Date: Work Change Directive—Page 1 of 1 N:\0417\060-Lighting Upgrade\DOCS\SPECS\DIV Olwrk_direct_c-940.docx 9/30110 ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: Morrison-Maierle, Inc. Project Number TO: PROJECT AND LOCATION OWNER: By reason of which renders it impracticable for you to secure specified results on the work required by your contract, you are hereby directed to suspend work (minor operations excepted), at the close of work on You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will (will not) continue to be charged during the period work is suspended. (See General Conditions, Articles 12 and 15 and applicable Supplementary Conditions). calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendar days have been used and there remain_calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: cc: Morrison-Maierle, Inc. Order to Contractor to Suspend Work—Page 1 of 1 NA0417MO-Lighting Upgrade\DOCS\SPECS\DIV Msuspend_wrk.dou 9/30/10 ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: Morrison-Maierle, Inc. Project Number TO: PROJECT AND LOCATION OWNER: The Suspend Work Order, dated directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective Under the terms of your contract for this project, Contract Time was (was not)charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, of the calendar days Contract Time had been used. calendar days were charged during the period work was suspended, therefore, on the date this resume work order is effective, calendar days of Contract Time remain. The (revised) contract completion date is 20 . Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your file. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: cc: Morrison-Maierle, Inc. Order to Contractor to Resume Work—Page 1 of 1 NA0417\060-Lighting Upgrade\DOMSPECS\DIV 0\resume wrk.dou 9/30/10 APPLICATION FOR PAYMENT (Periodic Cost Estimate) Page 1 of 2 pages 1. Owner's Name and Address 5.(Insert Fed Proj#) 2. Official Name and Location of Project: 6.Application No. 3. Contractor's Name and Address: 7.Period Ending: 8.Date Prepared: 9.Percent Complete: 10.M-M No. 4. Description of Work 11.Orig.Contract Amount 12.Contract Time: 13. Dates 14.No.Days Contractor is A. Work to Start: B. Work Started C. Completion Due: D. Est.or Act.Comp: Ahead: In Arrears: 15. Breakdown of Application for Payment ITEM Original Proposal Revised Work Performed to Date NO. DESCRIPTION OF WORK QNTY UNIT UNIT AMOUNT QNTY AMOUNT QNTY AMOUNT % PRICE 16. CONTRACTOR'S Certification:The undersigned CONTRACTOR certifies that: (1)all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment number 1 through_inclusive;(2)title to all Work,materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interest and encumbrances (except such as are covered by Bond acceptable to OWNER indemnifying OWNER against any such lien,claim,security interests or encumbrance)(3)all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents;and (4)there are no claims for extra work, delays, omitted items or of any nature against the OWNER or ENGINEER not set forth herein unless expressly stated otherwise in this Application for Payment. DATE: CONTRACTOR: TITLE: SIGNATURE: 17.Payment of Amount Due CONTRACTOR(Page__)is recommended. DATE: ENGINEER: Morrison-Maierle,Inc. SIGNATURE: Application for Payment C-620—Page 1 of 2 NA0417\060-Lighting Upgrade\DOCS\SPECS\DIV O\appl_for_pay1_c-620.docx Revised 6/27103 TITLE: APPLICATION FOR PAYMENT(Periodic Cost Estimate) Page 2 of 2 pages (Continuation Sheet) 1. Sponsor's Name Official Name of Project 5.[Insert Fed.Proj.#] 15. Breakdown of Application for Payment 6.Application No. COMPLETED TO DATE,ORIGINAL CONTRACT ITEMS COMPLETED TO DATE,CHANGE ORDERS PLUS MATERIALS ON SITE TOTAL COMPLETED TO DATE LESS DEDUCTIONS (1)Retained(5%) (2)Liquidated Damages (3)Retesting TOTAL AMOUNT DEDUCTED TOTAL,AMOUNT EARNED TO DATE LESS PREVIOUS PAYMENTS NET AMOUNT DUE THIS ESTIMATE 1%STATE TAX(withheld this estimate) NET AMOUNT DUE CONTRACTOR ACCOMPANYING DOCUMENTATION: Application for Payment C-620—Page 2 of 2 N:\0417\060-Lighting Upgrade\DOCS\SPECS\DIV 0\appl_for_payl_c-620.docx Revised 6/27/03 Certificate of Substantial Completion Project Owner Owner's Contract No.: Contract: Date of Contract: Contractor: Engineers Project No.: This[tentative][definitive]Certificate of Substantial Completion applies to: ❑ All Work under the Contract Documents: ❑ The following specified portions: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below. A[tentative][revised tentative] [definitive]list of items to be completed or corrected, is attached hereto. This list may not be all- inclusive,and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: ❑ Amended Responsibilities ❑ Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Dale Accepted by Contractor Dale Accepted by Owner Date Certificate of Substantial Completion—Page 1 of 1 N:\0417\060-Lighting Upgrade\DOGS\SPECS\DIV 0\cert_sub_comp_c-625.docx Revised 6/26/03 CONTRACTOR'S CERTIFICATE AND RELEASE FROM: (Name of Contractor) TO: [ Insert Owner's Name and Address] REFERENCE CONTRACT NUMBER entered into the day of 20 between the [Owner's Name] and (Name of Contractor) of for the purpose of (City) (State) (Type of Operation) within the [limits of the City of(Project Location)]. KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned hereby certifies that there is due from and payable by the [Insert Owner's Name] to the Contractor under the Contract and duly approved Change Orders and modifications the balance of 2. The undersigned further certifies that in addition to the amount set forth in Paragraph 1, there are outstanding and unsettled the following items which he claims are just and due owing by the [Insert Owner' Name]: (a) (b) (c) (d) (Itemize claims and amounts due. If none, so state) Contractor's Certificate and Release—Page 1 of 3 NA04171060-Lighting Upgrade\DOCSISPECS01V ftert_&_release.dou Revised 6/26103 3. The undersigned further certifies that all work required under this Contract including work required under Change Orders numbered: and , has been performed in accordance with the terms thereof, and that there are no unpaid claims for materials, supplies or equipment and no claims of laborers or mechanics for unpaid wages arising out of the performance of this Contract, and that the wage rates paid by the Contractor and all Subcontractors were in conformity with the Contract provisions relating to said wage rates. 4. Except for the amounts stated under Paragraphs I and II hereof, the undersigned has received from the [Insert Owner's Name] all sums of money payable to the undersigned under or pursuant to the above-mentioned Contract or any modification or change thereof. 5. That in consideration of the payment of the amount stated in Paragraph I hereof the undersigned does hereby release the [insert Owner's Name] from any and all claims arising under or by virtue of this Contract, except the amount listed in Paragraph II hereof, provided, however, that if for any reason the [Insert Owner's Name] does not pay in full the amount stated in Paragraph I hereof, said deduction shall be automatically included under Paragraph II as an amount which the Contractor has not released but will release the [Insert Owner's Name] from any and all claims of any nature whatsoever arising out of said Contract or modification thereof, and will execute such further releases or assurances as the [Insert Owner's Name] may request. Further, in consideration of the payment of the amount stated in Paragraph I hereof, the undersigned agrees to hold the [Insert Owner's Name] harmless from any and all costs, liability or expense of any kind in any way arising out of the contract referenced herein, or any subcontracts awarded pursuant thereto. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this day of 20_. (Contractor) (Signature) (Title) being first duly sworn on oath, deposes and says, first, that he is the of the (Title) (Name of Company) Contractor's Certificate and Release—Page 2 of 3 NA0417\060-Lighting Upgrade\DOCS\SPECS\DIV 0\cert_&_release.docx Revised 6/26/03 second, that he has read the foregoing certificate by him subscribed as (Title) of the (Name of Company) Affiant further states that the matters and things stated therein are, to the best of his knowledge and belief, true. (Signature) Subscribed and sworn to before me this day of 20 My commission expires (Notary) Contractor's Certificate and Release—Page 3 of 3 NA0417\060-Lighting Upgrade\DOGS\SPECS\DIV 0\cert &_release.docx Revised 6/26/03 SECTION 01 1000 DIVISION 01 — GENERAL REQUIREMENTS SUMMARY PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes: 1. Project information. 2. Work covered by Contract Documents. 3. Work by Owner. 4. Work under separate contracts. 5. Owner-furnished products. 6. Access to site. 7. Coordination with occupants. 8. Work restrictions. 9. Specification and drawing conventions. B. Related Section: 1. Division 01 Section "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities. 1.3 PROJECT INFORMATION A. Project Identification: Swim Center Natatorium Lighting Upgrade. 1. Project Location: 1211 W. Main Street, Bozeman, MT 59715. B. Owner: City of Bozeman 1. Owner's Representative: Dan McCarthy, Aquatics Director C. Engineer: Morrison-Mai erle, Inc. 1.4 WORK COVERED BY CONTRACT DOCUMENTS A. The Work of the Project is defined by the Contract Documents and consists of the following: 01 1000 - 1 SECTION 01 1000 DIVISION 01 — GENERAL REQUIREMENTS SUMMARY 1. Removal of the existing natatorium light fixtures with selective demolition of connected electrical elements; installation of new lighting 1 fixtures and related elements for the Natatorium space. f B. Type of Contract 1. Project will be constructed under a single prime contract. 1.5 WORK BY OWNER A. General: Cooperate fully with Owner so work may be carried out smoothly, without interfering with or delaying work under this Contract or work by Owner. Coordinate the Work of this Contract with work performed by Owner. B. Concurrent Work: Owner will perform the following construction operations at I Project site. Those operations will be conducted simultaneously with work under this Contract. 1. The Owner will be painting the interior wall surfaces of the I natatorium space. The Owner will make all necessary reasonable accommodations to provide unencumbered work areas for the Contractor to perform the work described under these contract documents. The Owner will also be performing various low-level maintenance tasks in the natatorium space that shall not interfere with the work to be performed under this contract. 1.6 WORK UNDER SEPARATE CONTRACTS A. General: Cooperate fully with separate contractors so work on those contracts may be carried out smoothly, without interfering with or delaying work under this Contract or other contracts. Coordinate the Work of this Contract with work performed under separate contracts. B. Concurrent Work: Owner has awarded or will award separate contract(s) for the following construction operations at Project site. Those operations will be conducted simultaneously with work under this Contract. 1. Swim Center Main Pump Replacement: To a Contractor Vet to be Selected for replacement of the existing main pool circulation pump and associated piping. Work will include demolition of the existing main pool pump and appurtenances in the pool equipment room and installation of a new pump, VFD controller, and associated wiring. The work will be conducted interior to the building and is scheduled to be completed concurrently with this Natatorium Lighting Upgrade Contract. 01 1000 - 2 SECTION 01 1000 DIVISION 01 — GENERAL REQUIREMENTS SUMMARY 1.7 ACCESS TO SITE A. General: The building will remain fully functional and occupied by the Owner until March 7, 2010. Prior to this date the Contractor may not occupy the interior of the building nor interfere with building operations. (The Contractor may access the site during normal business hours with permission from the Owner's representative for the purposes of site visits to perform measurements or plan work to be performed.) The existing natatorium lighting system shall remain fully operational until March 7, 2010. After this date, Contractor shall have full use of Project site for construction operations during the remainder of the construction period. Contractor's use of Project site is limited only by Owner's right to perform work or to retain other contractors on portions of Project. B. Use of Site: Limit use of Project site to areas within the Construction limits indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated. 1. Access to site: Keep access and entrances serving premises clear and l available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. I a. Schedule deliveries to minimize use of driveways and entrances by construction operations. b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site. IC. Condition of Existing Building: Maintain portions of existing building affected by construction operations in a weathertight condition throughout construction Iperiod. Repair damage caused by construction operations. 1.8 COORDINATION WITH OCCUPANTS A. Owner Limited Occupancy of Completed Areas of Construction: Owner reserves the right to occupy and to place and install equipment in completed portions of the Work, prior to Substantial Completion of the Work, provided such occupancy does not interfere with completion of the Work. Such placement of equipment and limited occupancy shall not constitute acceptance of the total Work. 1. Engineer will prepare a Certificate of Substantial Completion for each specific portion of the Work to be occupied prior to Owner acceptance of the completed Work. 2. Obtain a Certificate of Occupancy from authorities having jurisdiction before limited Owner occupancy. f 3. Before limited Owner occupancy, mechanical and electrical systems EI shall be fully operational, and required tests and inspections shall be successfully completed. On occupancy, Owner will operate and maintain mechanical and electrical systems serving occupied portions of Work. 1 01 1000 - 3 1 SECTION 01 1000 DIVISION 01 — GENERAL REQUIREMENTS SUMMARY 4. On occupancy, Owner will assume responsibility for maintenance and custodial service for occupied portions of Work. 1.9 WORK RESTRICTIONS I A. Work Restrictions, General: Comply with restrictions on construction operations. 1. Comply with limitations on use of public streets and other requirements I of authorities having jurisdiction. B. On-Site Work Hours: Limit work in the existing building to normal business working hours of 6 a.m. to 7 p.m., Monday through Friday, unless specifically directed otherwise by the Owner. Weekend work may be permitted if sufficient notice of intent (48 hours) is given to the Owner's representative such that he I may make necessary arrangements to accommodate the request. C. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied j by Owner or others unless permitted under the following conditions and then I only after providing temporary utility services according to requirements indicated: 1. Notify Engineer and Owner not less than 7 days in advance of proposed utility interruptions. 2. Obtain Owner's written permission before proceeding with utility interruptions. D. Noise, Vibration, and Odors: Coordinate operations that may result in high levels of noise and vibration, odors, or other disruption to Owner occupancy with Owner. 1. Notify Engineer and Owner not less than 7 days in advance of proposed I disruptive operations. 2. Obtain Owner's written permission before proceeding with disruptive operations. E. Nonsmoking Building: Smoking is not permitted within the building or within 25 feet (8 m) of entrances, operable windows, or outdoor air intakes. F. Controlled Substances: Use of tobacco products and other controlled 9 substances on the Project site is not permitted. 1.10 SPECIFICATION AND DRAWING CONVENTIONS A. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 01 1000 - 4 SECTION 01 1000 DIVISION 01 — GENERAL REQUIREMENTS SUMMARY 1. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. 2. Specification requirements are to be performed by Contractor unless specifically stated otherwise. B. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications. C. Drawing Coordination: Requirements for materials and products identified on the Drawings are described in detail in the Specifications. One or more of the following are used on the Drawings to identify materials and products: 1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections. 2. Abbreviations: Materials and products are identified by abbreviations published as part of the U.S. National CAD Standard. 3. Keynoting: Materials and products are identified by reference keynotes referencing Specification Section numbers found in this Project Manual. 1.11 MISCELLANEOUS PROVISIONS PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 01 1000 f f . t . i . l 01 1000 - 5 SECTION 01 2500 DIVISION 01 — GENERAL REQUIREMENTS SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for substitutions. B. Related Sections: 1. Division 01 Section "Product Requirements" for requirements for submitting comparable product submittals for products by listed manufacturers. 2. Divisions 02 through 49 Sections for specific requirements and limitations for substitutions. 1.3 DEFINITIONS A. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor. 1. Substitutions for Cause: Changes proposed by Contractor that are required due to changed Project conditions, such as unavailability of product, regulatory changes, or unavailability of required warranty terms. 2. Substitutions for Convenience: Changes proposed by Contractor or Owner that are not required in order to meet other Project requirements but may offer advantage to Contractor or Owner. I 1.4 SUBMITTALS I A. Substitution Requests: Submit three copies of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1 1. Substitution Request Form: Use CSI Form 13.1A. 2. Documentation: Show compliance with requirements for substitutions and the following, as applicable: 01 2500 - 1 . J SECTION 01 2500 DIVISION 01 — GENERAL REQUIREMENTS SUBSTITUTION PROCEDURES a. Statement indicating why specified product or fabrication or installation cannot be provided, if applicable. b. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by Owner and separate contractors, that will be necessary to accommodate proposed substitution. C. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Include annotated copy of applicable specification section. Significant qualities 1 may include attributes such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. 1 Indicate deviations, if any, from the Work specified. I{ d. Product Data, including drawings and descriptions of products and fabrication and installation procedures. e. Samples, where applicable or requested. f. Certificates and qualification data, where applicable or requested. g. List of similar installations for completed projects with project names and addresses and names and addresses of Engineers and owners. h. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. i. Research reports evidencing compliance with building code in effect for Project, from ICC-ES. I j. Detailed comparison of Contractor's construction schedule using proposed substitution with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating date of receipt of purchase order, lack of availability, or delays in delivery. k. Cost information, including a proposal of change, if any, in the Contract Sum. I. Contractor's certification that proposed substitution complies with requirements in the Contract Documents except as indicated in substitution request, is compatible with related materials, and is appropriate for applications indicated. M. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results. 3. Engineer's Action: If necessary, Engineer will request additional information or documentation for evaluation within seven days of receipt of a request for substitution. Engineer will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later. 01 2500 - 2 SECTION 01 2500 DIVISION 01 — GENERAL REQUIREMENTS SUBSTITUTION PROCEDURES a. Forms of Acceptance: Change Order, Construction Change Directive, or Engineer's Supplemental Instructions for minor changes in the Work. b. Use product specified if Engineer does not issue a decision on use of a proposed substitution within time allocated. 1.5 QUALITY ASSURANCE A. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage qualified testing agency to perform compatibility tests recommended by manufacturers. 1.6 PROCEDURES A. Coordination: Modify or adjust affected work as necessary to integrate work of the approved substitutions. PART 2 - PRODUCTS 2.1 SUBSTITUTIONS A. Substitutions for Cause: Submit requests for substitution immediately upon discovery of need for change, but not later than 15 days prior to time required for preparation and review of related submittals. 1. Conditions: Engineer will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Engineer will return requests without action, except to record noncompliance with these requirements: a. Requested substitution is consistent with the Contract Documents and will produce indicated results. b. Substitution request is fully documented and properly submitted. C. Requested substitution will not adversely affect Contractor's construction schedule. I d. Requested substitution has received necessary approvals of + authorities having jurisdiction. e. Requested substitution is compatible with other portions of the Work. f. Requested substitution has been coordinated with other portions of the Work. g. Requested substitution provides specified warranty. I h. If requested substitution involves more than one contractor, J requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved. 01 2500 - 3 . l �i SECTION 01 2500 DIVISION 01 — GENERAL REQUIREMENTS SUBSTITUTION PROCEDURES B. Substitutions for Convenience: Not allowed. l I PART 3 - EXECUTION (Not Used) END OF SECTION 01 2500 I I I 01 2500 -4 SECTION 01 2600 CONTRACT DIVISION 01 — GENERAL REQUIREMENTS MODIFICATION PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for handling and processing Contract modifications. B. Related Sections: 1. Division 01 Section "Product Requirements" for administrative procedures for handling requests for substitutions made after Contract award. 1.3 MINOR CHANGES IN THE WORK A. Engineer will issue supplemental instructions authorizing minor changes in the Work, not involving adjustment to the Contract Sum or the Contract Time, on form included in the Project Manual. 1.4 PROPOSAL REQUESTS A. Owner-Initiated Proposal Requests: Engineer will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. 1. Proposal Requests issued by Engineer are not instructions either to stop work in progress or to execute the proposed change. 2. Within time specified in Proposal Request after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change. a. Include a list of quantities of products required or eliminated and , unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 01 2600- 1 SECTION 01 2600 CONTRACT DIVISION 01 — GENERAL REQUIREMENTS MODIFICATION PROCEDURES C. Include costs of labor and supervision directly attributable to the change. d. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. e. Quotation Form: Use forms acceptable to Engineer. B. Contractor-Initiated Proposals: If latent or changed conditions require modifications to the Contract, Contractor may initiate a claim by submitting a request for a change to Engineer. 1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the I Contract Sum and the Contract Time. 2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If I requested, furnish survey data to substantiate quantities. 3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 4. Include costs of labor and supervision directly attributable to the change. 5. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. 6. Comply with requirements in Division 01 Section "Substitution Procedures" if the proposed change requires substitution of one product or system for product or system specified. 7. Proposal Request Form: Use form acceptable to Engineer. 1.5 CHANGE ORDER PROCEDURES A. On Owner's approval of a Proposal Request, Engineer will issue a Change Order for signatures of Owner and Contractor on form included in Project Manual. 1.6 WORK CHANGE DIRECTIVE A. Work Change Directive: Engineer may issue a Work Change Directive on form included in Project Manual. Work Change Directive instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 01 2600 - 2 SECTION 01 2600 CONTRACT DIVISION 01 — GENERAL REQUIREMENTS MODIFICATION PROCEDURES 1. Work Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time. B. Documentation: Maintain detailed records on a time and material basis of work required by the Work Change Directive. 1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 01 2600 . l . l 01 2600 - 3 . i SECTION 01 2900 DIVISION 01 —GENERAL REQUIREMENTS PAYMENT PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. B. Related Sections: 1. Division 01 Section "Contract Modification Procedures" for administrative procedures for handling changes to the Contract. 2. Division 01 Section "Construction Progress Documentation" for administrative requirements governing the preparation and submittal of the Contractor's construction schedule. 3. Division 01 Section "Submittal Procedures" for administrative requirements governing the preparation and submittal of the submittal schedule. t 1.3 DEFINITIONS A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 1.4 SCHEDULE OF VALUES A. Coordination: Coordinate preparation of the schedule of values with preparation of Contractor's construction schedule. 1. Correlate line items in the schedule of values with other required administrative forms and schedules, including the following: a. Application for Payment forms with continuation sheets. b. Submittal schedule. C. Items required to be indicated as separate activities in Contractor's construction schedule. 01 2900- 1 SECTION 01 2900 DIVISION 01 — GENERAL REQUIREMENTS PAYMENT PROCEDURES 2. Submit the schedule of values to Engineer at earliest possible date but no later than seven days before the date scheduled for submittal of initial Applications for Payment. B. Format and Content: Use the Project Manual table of contents as a guide to establish line items for the schedule of values. Provide at least one line item for each Specification Section. 1. Identification: Include the following Project identification on the schedule of values: a. Project name and location. b. Name of Engineer. C. Engineer's project number. d. Contractor's name and address. e. Date of submittal. 2. Arrange the schedule of values in tabular form with separate columns to indicate the following for each item listed: a. Related Specification Section or Division. b. Description of the Work. C. Name of subcontractor. d. Name of manufacturer or fabricator. e. Name of supplier. f. Change Orders (numbers) that affect value. g. Dollar value of the following, as a percentage of the Contract Sum to nearest one-hundredth percent, adjusted to total 100 percent. 1) Labor. 2) Materials. 3) Equipment. 3. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with the Project Manual table of contents. Provide multiple line items for principal subcontract amounts in excess of twenty percent of Contract Sum. 4. Round amounts to nearest whole dollar; total shall equal the Contract Sum. 5. Provide a separate line item in the schedule of values for each part of the Work where Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed. a. Differentiate between items stored on-site and items stored off- site. If required, include evidence of insurance. 6. Provide separate line items in the schedule of values for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work. 01 2900 - 2 SECTION 01 2900 DIVISION 01 — GENERAL REQUIREMENTS PAYMENT PROCEDURES 7. Each item in the schedule of values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item. a. Temporary facilities and other major cost items that are not direct cost of actual work-in-place may be shown either as separate line items in the schedule of values or distributed as general overhead expense, at Contractor's option. 8. Schedule Updating: Update and resubmit the schedule of values before the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum. 1.5 APPLICATIONS FOR PAYMENT A. Each Application for Payment shall be consistent with previous applications and payments as certified by Engineer and paid for by Owner. 1. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements. B. Payment Application Times: Progress payments shall be submitted to I Engineer by the dates indicated in the Pre-Bid Meeting. C. Application for Payment Forms: Use forms provided by Owner for Applications for Payment. Sample copies are included in the Project Manual. i D. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Engineer will return incomplete applications without action. 1. Entries shall match data on the schedule of values and Contractor's construction schedule. Use updated schedules if revisions were made. 2. Include amounts for work completed following previous Application for fPayment, whether or not payment has been received. Include only amounts for work completed at time of Application for Payment. 3. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application. ' 4. Indicate separate amounts for work being carried out under Owner- requested project acceleration. E. Stored Materials: Include in Application for Payment amounts applied for materials or equipment purchased or fabricated and stored, but not yet installed. Differentiate between items stored on-site and items stored off-site. 1. Provide certificate of insurance, evidence of transfer of title to Owner, and consent of surety to payment, for stored materials. 01 2900 - 3 l i 1 SECTION 01 2900 DIVISION 01 — GENERAL REQUIREMENTS PAYMENT PROCEDURES 2. Provide supporting documentation that verifies amount requested, such as paid invoices. Match amount requested with amounts indicated on documentation; do not include overhead and profit on stored materials. 3. Provide summary documentation for stored materials indicating the following: a. Materials previously stored and included in previous Applications for Payment. b. Work completed for this Application utilizing previously stored materials. C. Additional materials stored with this Application. d. Total materials remaining stored, including materials with this Application. F. Transmittal: Submit two (2) signed and notarized original copies of each Application for Payment to Engineer by a method ensuring receipt within 24 hours. One copy shall include waivers of lien and similar attachments if required. 1. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application. G. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following: 1. List of subcontractors. 2. Schedule of values. 3. Contractor's construction schedule (preliminary if not final). 4. Combined Contractor's construction schedule (preliminary if not final) incorporating Work of multiple contracts, with indication of acceptance of schedule by each Contractor. 5. Products list (preliminary if not final). 6. Schedule of unit prices. 7. Submittal schedule (preliminary if not final). 8. List of Contractor's staff assignments. I 9. List of Contractor's principal consultants. 10. Copies of building permits. 11. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work. 12. Initial progress report. 13. Report of preconstruction conference. 14. Certificates of insurance and insurance policies. 15. Performance and payment bonds. 16. Data needed to acquire Owner's insurance. H. Application for Payment at Substantial Completion: After issuing the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete. 01 2900 - 4 SECTION 01 2900 DIVISION 01 — GENERAL REQUIREMENTS PAYMENT PROCEDURES 1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum. 2. This application shall reflect Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the Work. I. Final Payment Application: Submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following: 1. Evidence of completion of Project closeout requirements. 2. Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid. 3. Updated final statement, accounting for final changes to the Contract Sum. 4. Contractors Certificate of Release form included in the Project Manual. 5. Evidence that claims have been settled. 6. Final liquidated damages settlement statement. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) j END OF SECTION 01 2900 1 . l -. 01 2900- 5 I SECTION 01 3100 PROJECT MANAGEMENT DIVISION 01 — GENERAL REQUIREMENTS AND COORDINATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: 1. General project coordination procedures. 2. Administrative and supervisory personnel. 3. Requests for Information (RFIs). 4. Project meetings. B. Each contractor shall participate in coordination requirements. Certain areas of responsibility are assigned to a specific contractor. C. Related Sections: 1. Division 01 Section "Construction Progress Documentation" for preparing and submitting Contractor's construction schedule. 2. Division 01 Section "Execution" for procedures for coordinating general installation and field-engineering services, including establishment of benchmarks and control points. 3. Division 01 Section "Closeout Procedures" for coordinating closeout of the Contract. 4. Division 01 Section "General Commissioning Requirements" for coordinating the Work with Owner's commissioning authority. 1.3 DEFINITIONS A. RFI: Request from Owner, Engineer, or Contractor seeking information from each other during construction. 1.4 COORDINATION A. Coordination: Coordinate construction operations included in different Sections of the Specifications and the work to be performed under separate contracts to ; 4 ensure efficient and orderly installation of each part of the Work. Coordinate 01 3100 - 1 SECTION 01 3100 PROJECT MANAGEMENT DIVISION 01 — GENERAL REQUIREMENTS AND COORDINATION construction operations, included in different Sections that depend on each other for proper installation, connection, and operation. 1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. B. Prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. 1. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Preparation of Contractor's construction schedule. 2. Preparation of the schedule of values. 3. Installation and removal of temporary facilities and controls. 4. Delivery and processing of submittals. 5. Progress meetings. 6. Preinstallation conferences. 7. Project closeout activities. 8. Startup and adjustment of systems. 9. Project closeout activities. D. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. Coordinate use of temporary utilities to minimize waste. 1. Salvage materials and equipment involved in performance of, but not actually incorporated into, the Work. Refer to other Sections for disposition of salvaged materials that are designated as Owner's property. 1.5 KEY PERSONNEL A. Key Personnel Names: Within 15 days of starting construction operations, submit a list of key personnel assignments, including superintendent and other personnel in attendance at Project site. Identify individuals and their duties and responsibilities; list addresses and telephone numbers, including home, office, 01 3100 -2 SECTION 01 3100 PROJECT MANAGEMENT DIVISION 01 — GENERAL REQUIREMENTS AND COORDINATION and cellular telephone numbers and email addresses. Provide names, addresses, and telephone numbers of individuals assigned as standbys in the absence of individuals assigned to Project. 1. Post copies of list in project meeting room, in temporary field office, and by each temporary telephone. Keep list current at all times. 1.6 REQUESTS FOR INFORMATION (RFIs) A. General: Immediately on discovery of the need for additional information or interpretation of the Contract Documents, Contractor shall prepare and submit an RFI in the form specified. 1. Engineer will return RFIs submitted to Engineer by other entities controlled by Contractor with no response. 2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors. B. Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following: 1. Project name. 2. Project number. i 3. Date. 4. Name of Contractor. 5. Name of Engineer. I 6. RFI number, numbered sequentially. 7. RFI subject. 8. Specification Section number and title and related paragraphs, as appropriate. I 9. Drawing number and detail references, as appropriate. l 10. Field dimensions and conditions, as appropriate. 11. Contractor's suggested resolution. If Contractor's solution(s) impacts the Contract Time or the Contract Sum, Contractor shall state impact in the RFI. 12. Contractor's signature. 13. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop Drawings, coordination drawings, and other information necessary to fully describe items needing interpretation. a. Include dimensions, thicknesses, structural grid references, and fdetails of affected materials, assemblies, and attachments on attached sketches. C. RFI Forms: Form acceptable to Engineer. D. Engineer's Action: Engineer will review each RFI, determine action required, and respond. Allow seven working days for Engineer's response for each RFI. } 1 01 3100 - 3 . l SECTION 01 3100 PROJECT MANAGEMENT DIVISION 01 — GENERAL REQUIREMENTS AND COORDINATION RFIs received by Engineer after 1:00 p.m. will be considered as received the following working day. 1. The following RFIs will be returned without action: a. Requests for approval of submittals. b. Requests for approval of substitutions. C. Requests for coordination information already indicated in the Contract Documents. d. Requests for adjustments in the Contract Time or the Contract Sum. 1 e. Requests for interpretation of Engineer's actions on submittals. I f. Incomplete RFIs or inaccurately prepared RFIs. 2. Engineer's action may include a request for additional information, in which case Engineer's time for response will date from time of receipt of I additional information. 3. Engineer's action on RFIs that may result in a change to the Contract 1 Time or the Contract Sum may be eligible for Contractor to submit I Change Proposal according to Division 01 Section "Contract Modification Procedures." a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Engineer in writing within 7 days of receipt of the RFI response. I E. On receipt of Engineer's action, update the RFI log and immediately distribute J the RFI response to affected parties. Review response and notify Engineer within seven days if Contractor disagrees with response. F. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log bi-weekly. Software log with not less than the following: 1. Project name. 2. Name and address of Contractor. 3. Name and address of Engineer. 4. RFI number including RFIs that were dropped and not submitted. 5. RFI description. 6. Date the RFI was submitted. 7. Date Engineer's response was received. 8. Identification of related Minor Change in the Work, Construction Change Directive, and Proposal Request, as appropriate. 9. Identification of related Field Order, Work Change Directive, and Proposal Request, as appropriate. 01 3100 -4 SECTION 01 3100 PROJECT MANAGEMENT DIVISION 01 — GENERAL REQUIREMENTS AND COORDINATION 1.7 PROJECT MEETINGS A. General: Schedule and conduct meetings and conferences at Project site, unless otherwise indicated. 1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Owner and Engineer of scheduled meeting dates and times. 2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees. 3. Minutes: Entity responsible for conducting meeting will record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including Owner, and Engineer, within three days of the meeting. B. Preconstruction Conference: Engineer will schedule and conduct a preconstruction conference before starting construction, at a time convenient to Owner and Engineer, but no later than 7 days after execution of the Agreement. 1. Conduct the conference to review responsibilities and personnel assignments. 2. Attendees: Authorized representatives of Owner, Engineer, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the conference. Participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 3. Agenda: Discuss items of significance that could affect progress, including the following: a. Tentative construction schedule. b. Critical work sequencing and long-lead items. C. Designation of key personnel and their duties. d. Lines of communications. e. Procedures for processing field decisions and Change Orders. f. Procedures for RFls. g. Procedures for testing and inspecting. h. Procedures for processing Applications for Payment. i. Distribution of the Contract Documents. j. Submittal procedures. k. Preparation of record documents. I. Use of the premises and existing building. M. Work restrictions. n. Working hours. o. Owner's occupancy requirements. P. Responsibility for temporary facilities and controls. q. Procedures for moisture and mold control. r. Procedures for disruptions and shutdowns. S. Construction waste management and recycling. t. Parking availability. 01 3100 - 5 1 SECTION 01 3100 PROJECT MANAGEMENT DIVISION 01 — GENERAL REQUIREMENTS AND COORDINATION U. Office, work, and storage areas. V. Equipment deliveries and priorities. I W. First aid. X. Security. Y. Progress cleaning. 4. Minutes: Entity responsible for conducting meeting will record and distribute meeting minutes. C. Preinstallation Conferences: Conduct a preinstallation conference at Project site before each construction activity that requires coordination with other construction. 1. Attendees: Installer and representatives of manufacturers and fabricators involved in or affected by the installation and its coordination or integration with other materials and installations that have preceded or will follow, shall attend the meeting. Advise Engineer of scheduled meeting dates. 2. Agenda: Review progress of other construction activities and preparations for the particular activity under consideration, including requirements for the following: a. Contract Documents. b. Options. C. Related RFIs. d. Related Change Orders. e. Purchases. f. Deliveries. g. Submittals. h. Review of mockups. i. Possible conflicts. j. Compatibility problems. k. Time schedules. I. Weather limitations. M. Manufacturer's written recommendations. n. Warranty requirements. o. Compatibility of materials. P. Acceptability of substrates. q. Temporary facilities and controls. r. Space and access limitations. S. Regulations of authorities having jurisdiction. t. Testing and inspecting requirements. U. Installation procedures. V. Coordination with other work. W. Required performance results. X. Protection of adjacent work. Y. Protection of construction and personnel. 3. Record significant conference discussions, agreements, and disagreements, including required corrective measures and actions. 01 3100 - 6 SECTION 01 3100 PROJECT MANAGEMENT DIVISION 01 — GENERAL REQUIREMENTS AND COORDINATION 4. Reporting: Distribute minutes of the meeting to each party present and to other parties requiring information. 5. Do not proceed with installation if the conference cannot be successfully concluded. Initiate whatever actions are necessary to resolve impediments to performance of the Work and reconvene the conference at earliest feasible date. D. Project Closeout Conference: Schedule and conduct a Project closeout conference, at a time convenient to Owner and Engineer, but no later than 7 days prior to the scheduled date of Substantial Completion. 1. Conduct the conference to review requirements and responsibilities related to Project closeout. 2. Attendees: Authorized representatives of Owner, Engineer, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the meeting. Participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work. 3. Agenda: Discuss items of significance that could affect or delay Project closeout, including the following: a. Preparation of record documents. b. Procedures required prior to inspection for Substantial Completion and for final inspection for acceptance. C. Submittal of written warranties. d. Requirements for preparing sustainable design documentation. e. Requirements for preparing operations and maintenance data. f. Requirements for demonstration and training. g. Preparation of Contractor's punch list. h. Procedures for processing Applications for Payment at Substantial Completion and for final payment. i. Submittal procedures. j. Coordination of separate contracts. k. Owner's partial occupancy requirements. I. Installation of Owner's furniture, fixtures, and equipment. M. Responsibility for removing temporary facilities and controls. 4. Minutes: Entity conducting meeting will record and distribute meeting minutes. E. Progress Meetings: Conduct progress meetings at weekly intervals. 1. Coordinate dates of meetings with preparation of payment requests. 2. Attendees: In addition to representatives of Owner and Engineer, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work. 01 3100 - 7 . 1 l SECTION 01 3100 PROJECT MANAGEMENT I DIVISION 01 — GENERAL REQUIREMENTS AND COORDINATION I 3. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's construction schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 1) Review schedule for next period. b. Review present and future needs of each entity present, including the following: 1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. JA 4) Deliveries. 5) Off-site fabrication. 6) Access. 7) Site utilization. 8) Temporary facilities and controls. 9) Progress cleaning. 10) Quality and work standards. 11) Status of correction of deficient items. 12) Field observations. 13) Status of RFIs. 14) Status of proposal requests. 15) Pending changes. I 16) Status of Change Orders. 17) Pending claims and disputes. 18) Documentation of information for payment requests. 4. Minutes: Entity responsible for conducting the meeting will record and distribute the meeting minutes to each party present and to parties requiring information. a. Schedule Updating: Revise Contractor's construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting. 01 3100 - 8 SECTION 01 3100 PROJECT MANAGEMENT DIVISION 01 — GENERAL REQUIREMENTS AND COORDINATION PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 01 3100 01 3100 - 9 SECTION 01 3200 CONSTRUCTION DIVISION 01 — GENERAL REQUIREMENTS PROGRESS DOCUMENTATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following: 1. Contractor's construction schedule. 2. Daily construction reports. 3. Material location reports. 4. Field condition reports. 5. Special reports. B. Related Sections: 1. Division 01 Section "Submittal Procedures" for submitting schedules and reports. 2. Division 01 Section "Quality Requirements" for submitting a schedule of tests and inspections. 1.3 DEFINITIONS A. Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources. 1. Critical Activity: An activity on the critical path that must start and finish on the planned early start and finish times. 2. Predecessor Activity: An activity that precedes another activity in the network. 3. Successor Activity: An activity that follows another activity in the network. B. CPM: Critical path method, which is a method of planning and scheduling a construction project where activities are arranged based on activity relationships. Network calculations determine when activities can be performed and the critical path of the Project. 01 3200 - 1 } SECTION 01 3200 CONSTRUCTION } DIVISION 01 — GENERAL REQUIREMENTS PROGRESS DOCUMENTATION C. Critical Path: The longest connected chain of interdependent activities through } the network schedule that establishes the minimum overall Project duration and contains no float. D. Event: The starting or ending point of an activity. 1 E. Float: The measure of leeway in starting and completing an activity. 1.4 INFORMATIONAL SUBMITTALS A. Format for Submittals: Submit required submittals in the following format: 1. PDF electronic file. B. Contractor's Construction Schedule: Initial schedule, of size required to display 1 entire schedule for entire construction period. C. Daily Construction Reports: Submit at weekly intervals. j D. Material Location Reports: Submit at monthly intervals. E. Field Condition Reports: Submit at time of discovery of differing conditions. l F. Special Reports: Submit at time of unusual event. 1.5 COORDINATION A. Coordinate preparation and processing of schedules and reports with performance of construction activities and with scheduling and reporting of separate contractors. PART 2- PRODUCTS 2.1 CONTRACTOR'S CONSTRUCTION SCHEDULE, GENERAL A. Time Frame: Extend schedule from date established for the Notice to Proceed to dates of Substantial Completion and Final completion. 1. Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order. B. Activities: Treat each major item of work as a separate numbered activity. Comply with the following: 01 3200 - 2 SECTION 01 3200 CONSTRUCTION DIVISION 01 — GENERAL REQUIREMENTS PROGRESS DOCUMENTATION 1. Activity Duration: Define activities so no activity is longer than 20 days, unless specifically allowed by Engineer. 2. Procurement Activities: Include procurement process activities for the following long lead items and major items, requiring a cycle of more than 60 days, as separate activities in schedule. Procurement cycle activities include, but are not limited to, submittals, approvals, purchasing, fabrication, and delivery. a. Air Handling Unit. 3. Submittal Review Time: Include review and resubmittal times indicated in Division 01 Section "Submittal Procedures" in schedule. Coordinate submittal review times in Contractor's construction schedule with submittal schedule. 4. Startup and Testing Time: Include not less than 5 days for startup and testing. 5. Substantial Completion: Indicate completion in advance of date established for Substantial Completion, and allow time for Engineer's administrative procedures necessary for certification of Substantial Completion. 6. Punch List and Final Completion: Include not more than 11 days for punch list and final completion. C. Constraints: Include constraints and work restrictions indicated in the Contract Documents and as follows in schedule, and show how the sequence of the Work is affected. 1. Work by Owner: Include a separate activity for each portion of the Work performed by Owner or their other contractors. 2. Products Ordered in Advance: Include a separate activity for each product. Include delivery date indicated in Division 01 Section "Summary." Delivery dates indicated stipulate the earliest possible delivery date. 3. Work Restrictions: Show the effect of the following items on the schedule: a. Coordination with existing construction. b. Limitations of continued occupancies. C. Uninterruptible services. d. Partial occupancy before Substantial Completion. e. Use of premises restrictions. f. Seasonal variations. g. Environmental control. 4. Work Stages: Indicate important stages of construction for each major portion of the Work, including, but not limited to, the following: a. Subcontract awards. b. Submittals. C. Purchases. 01 3200 - 3 t SECTION 01 3200 CONSTRUCTION DIVISION 01 — GENERAL REQUIREMENTS PROGRESS DOCUMENTATION d. Fabrication. l e. Deliveries. I f. Installation. g. Tests and inspections. h. Adjusting. i. Curing. j. Startup and placement into final use and operation. D. Milestones: Include milestones indicated in the Contract Documents in schedule, including, but not limited to, the Notice to Proceed, Substantial Completion, and final completion. E. Upcoming Work Summary: Prepare summary report indicating activities scheduled to occur or commence prior to submittal of next schedule update. Summarize the following issues: 1. Unresolved issues. 2. Unanswered RFIs. 3. Rejected or unreturned submittals. 4. Notations on returned submittals. F. Recovery Schedule: When periodic update indicates the Work is 7 or more calendar days behind the current approved schedule, submit a separate recovery schedule indicating means by which Contractor intends to regain compliance with the schedule. Indicate changes to working hours, working I days, crew sizes, and equipment required to achieve compliance, and date by which recovery will be accomplished. 2.2 CONTRACTOR'S CONSTRUCTION SCHEDULE (GANTT CHART) A. Gantt-Chart Schedule: Submit a comprehensive, fully developed, horizontal Gantt-chart-type, Contractor's construction schedule within 15 days of date established for the Notice to Proceed. Base schedule on the start-up construction schedule and additional information received since the start of Project. 2.3 REPORTS A. Daily Construction Reports: Prepare a daily construction report recording the following information concerning events at Project site: 1. List of subcontractors at Project site. 2. List of separate contractors at Project site. 3. Approximate count of personnel at Project site. 4. Equipment at Project site. 5. Material deliveries. 6. High and low temperatures and general weather conditions, including presence of rain or snow. 01 3200 - 4 SECTION 01 3200 CONSTRUCTION DIVISION 01 —GENERAL REQUIREMENTS PROGRESS DOCUMENTATION 7. Accidents. 8. Meetings and significant decisions. 9. Unusual events (refer to special reports). 10. Stoppages, delays, shortages, and losses. 11. Meter readings and similar recordings. 12. Emergency procedures. 13. Orders and requests of authorities having jurisdiction. 14. Change Orders received and implemented. 15. Work Change Directives received and implemented. 16. Services connected and disconnected. 17. Equipment or system tests and startups. 18. Partial completions and occupancies. 19. Substantial Completions authorized. I B. Material Location Reports: At monthly intervals, prepare and submit a comprehensive list of materials delivered to and stored at Project site. List shall be cumulative, showing materials previously reported plus items recently delivered. Include with list a statement of progress on and delivery dates for materials or items of equipment fabricated or stored away from Project site. C. Field Condition Reports: Immediately on discovery of a difference between field conditions and the Contract Documents, prepare and submit a detailed report. Submit with a Request for Information. Include a detailed description of the differing conditions, together with recommendations for changing the Contract Documents. Y 2.4 SPECIAL REPORTS h A. General: Submit special reports directly to Owner within one day(s) of an occurrence. Distribute copies of report to parties affected by the occurrence. B. Reporting Unusual Events: When an event of an unusual and significant nature occurs at Project site, whether or not related directly to the Work, prepare and submit a special report. List chain of events, persons participating, response by Contractor's personnel, evaluation of results or effects, and similar pertinent information. Advise Owner in advance when these events are known or predictable. PART 3 - EXECUTION 3.1 CONTRACTOR'S CONSTRUCTION SCHEDULE A. Contractor's Construction Schedule Updating: At bi-weekly intervals, update schedule to reflect actual construction progress and activities. Issue schedule 2 days before each regularly scheduled progress meeting. I 01 3200 - 5 SECTION 01 3200 CONSTRUCTION DIVISION 01 — GENERAL REQUIREMENTS PROGRESS DOCUMENTATION 1. Revise schedule immediately after each meeting or other activity where revisions have been recognized or made. Issue updated schedule concurrently with the report of each such meeting. 2. Include a report with updated schedule that indicates every change, including, but not limited to, changes in logic, durations, actual starts and finishes, and activity durations. 3. As the Work progresses, indicate final completion percentage for each activity. B. Distribution: Distribute copies of approved schedule to Engineer, Owner, separate contractors, testing and inspecting agencies, and other parties identified by Contractor with a need-to-know schedule responsibility. 1. Post copies in Project meeting rooms and temporary field offices. 2. When revisions are made, distribute updated schedules to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in performance of construction activities. END OF SECTION 01 3200 01 3200 - 6 SECTION 01 3300 DIVISION 01 — GENERAL REQUIREMENTS SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes requirements for the submittal schedule and administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals. B. Related Sections: 1. Division 01 Section "Payment Procedures" for submitting Applications for Payment and the schedule of values. 2. Division 01 Section "Construction Progress Documentation" for submitting schedules and reports, including Contractor's construction schedule. 3. Division 01 Section "Operation and Maintenance Data" for submitting operation and maintenance manuals. 4. Division 01 Section "Project Record Documents" for submitting record Drawings, record Specifications, and record Product Data. 5. Division 01 Section "Demonstration and Training" for submitting video recordings of demonstration of equipment and training of Owner's personnel. 1.3 DEFINITIONS A. Action Submittals: Written and graphic information and physical samples that require Engineer's responsive action. Action submittals are those submittals indicated in individual Specification Sections as action submittals. B. Informational Submittals: Written and graphic information and physical samples that do not require Engineer's responsive action. Submittals may be rejected for not complying with requirements. Informational submittals are those submittals indicated in individual Specification Sections as informational submittals. C. Portable Document Format (PDF): An open standard file format licensed by Adobe Systems used for representing documents in a device-independent and ' display resolution-independent fixed-layout document format. 01 3300 - 1 l SECTION 01 3300 DIVISION 01 — GENERAL REQUIREMENTS SUBMITTAL PROCEDURES f 1.4 ACTION SUBMITTALS I A. Submittal Schedule: Submit a schedule of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, ordering, manufacturing, fabrication, and delivery when i establishing dates. Include additional time required for making corrections or I modifications to submittals noted by the Engineer and additional time for handling and reviewing submittals required by those corrections. j 1. Coordinate submittal schedule with list of subcontracts, the schedule of values, and Contractor's construction schedule. 2. Initial Submittal: Submit concurrently with start-up construction schedule. Include submittals required during the first 60 days of construction. List those submittals required to maintain orderly progress of the Work and those required early because of long lead time for manufacture or fabrication. ' 3. Final Submittal: Submit concurrently with the first complete submittal of Contractor's construction schedule. a. Submit revised submittal schedule to reflect changes in current status and timing for submittals. 4. Format: Arrange the following information in a tabular format: a. Scheduled date for first submittal. b. Specification Section number and title. M C. Submittal category: Action, informational. d. Name of subcontractor. e. Description of the Work covered. f. Scheduled date for Engineer's final release or approval. g. Scheduled dates for purchasing. h. Scheduled dates for installation. i. Activity or event number. 1.5 SUBMITTAL ADMINISTRATIVE REQUIREMENTS A. Engineer's Digital Data Files: Electronic copies of CAD Drawings of the Contract Drawings will not be provided by Engineer for Contractor's use in preparing submittals. B. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Submit all submittal items required for each Specification Section concurrently unless partial submittals for portions of the Work are indicated on approved submittal schedule. 01 3300 - 2 SECTION 01 3300 DIVISION 01 — GENERAL REQUIREMENTS SUBMITTAL PROCEDURES 3. Submit action submittals and informational submittals required by the same Specification Section as separate packages under separate transmittals. 4. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a. Engineer reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. C. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Engineer's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals. 1. Initial Review: Allow 10 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Engineer will advise Contractor when a submittal being processed must be delayed for coordination. 2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal. 3. Resubmittal Review: Allow 5 days for review of each resubmittal. D. Identification and Information: Place a permanent label or title block on each paper copy submittal item for identification. 1. Indicate name of firm or entity that prepared each submittal on label or title block. 2. Provide a space approximately 4 by 4 inches on label or beside title block to record Contractor's review and approval markings and action taken by Engineer. 3. Include the following information for processing and recording action taken: a. Project name. b. Date. l C. Name of Engineer. d. Name of Construction Manager. e. Name of Contractor. f. Name of subcontractor. g. Name of supplier. h. Name of manufacturer. i. Submittal number or other unique identifier, including revision identifier. 1) Submittal number shall use Specification Section number followed by a decimal point and then a sequential number (e.g., 061000.01). Resubmittals shall include an 01 3300- 3 SECTION 01 3300 DIVISION 01 — GENERAL REQUIREMENTS SUBMITTAL PROCEDURES I alphabetic suffix after another decimal point (e.g., I 061000.01.A). 1 j. Number and title of appropriate Specification Section. I k. Drawing number and detail references, as appropriate. l I. Location(s)where product is to be installed, as appropriate. I M. Other necessary identification. E. Identification and Information: Identify and incorporate information in each ` electronic submittal file as follows: I 1. Assemble complete submittal package into a single indexed file with links enabling navigation to each item. 2. Name file with submittal number or other unique identifier, including revision identifier. a. File name shall use project identifier and Specification Section I number followed by a decimal point and then a sequential number (e.g., LNHS-061000.01). Resubmittals shall include an alphabetic suffix after another decimal point (e.g., LNHS- 061000.01.A). 3. Provide means for insertion to permanently record Contractor's review 1 and approval markings and action taken by Engineer. 4. Include the following information on an inserted cover sheet: a. Project name. b. Date. C. Name and address of Engineer. d. Name of Construction Manager. e. Name of Contractor. f. Name of firm or entity that prepared submittal. g. Name of subcontractor. h. Name of supplier. i. Name of manufacturer. j. Number and title of appropriate Specification Section. k. Drawing number and detail references, as appropriate. I. Location(s) where product is to be installed, as appropriate. M. Related physical samples submitted directly. n. Other necessary identification. 5. Include the following information as keywords in the electronic file metadata: a. Project name. b. Number and title of appropriate Specification Section. C. Manufacturer name. d. Product name. F. Options: Identify options requiring selection by the Engineer. 01 3300 -4 SECTION 01 3300 DIVISION 01 — GENERAL REQUIREMENTS SUBMITTAL PROCEDURES G. Deviations: Identify deviations from the Contract Documents on submittals. H. Additional Paper Copies: Unless additional copies are required for final submittal, and unless Engineer observes noncompliance with provisions in the Contract Documents, initial submittal may serve as final submittal. I. Transmittal: Assemble each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. Engineer will return submittals, without review received from sources other than Contractor. 1. Transmittal Form: Use form acceptable to the Engineer. 2. Transmittal Form: Provide locations on form for the following information: a. Project name. b. Date. C. Destination (To:). d. Source (From:). e. Names of subcontractor, manufacturer, and supplier. f. Category and type of submittal. g. Submittal purpose and description. h. Specification Section number and title. i. Indication of full or partial submittal. j. Drawing number and detail references, as appropriate. k. Transmittal number. I. Submittal and transmittal distribution record. M. Remarks. n. Signature of transmitter. 3. On an attached separate sheet, prepared on Contractor's letterhead, record relevant information, requests for data, revisions other than those requested by Engineer on previous submittals, and deviations from requirements in the Contract Documents, including minor variations and limitations. Include same identification information as related submittal. J. Resubmittals: Make resubmittals in same form and number of copies as initial submittal. 1. Note date and content of previous submittal. 2. Note date and content of revision in label or title block and clearly - indicate extent of revision. 3. Resubmit submittals until they are marked with approval notation from Engineer's action stamp. K. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. 01 3300 - 5 1 SECTION 01 3300 DIVISION 01 — GENERAL REQUIREMENTS SUBMITTAL PROCEDURES L. Use for Construction: Use only final submittals that are marked with approval notation from Engineer's action stamp. l PART 2 - PRODUCTS 2.1 SUBMITTAL PROCEDURES A. General Submittal Procedure Requirements: Prepare and submit submittals required by individual Specification Sections. Types of submittals are indicated in individual Specification Sections. 1. Submit electronic submittals via email as PDF electronic files. a. Engineer will return annotated file. Annotate and retain one 1 copy of file as an electronic Project record document file. l 2. Action Submittals: Submit electronic PDF submittal or three paper copies of each submittal, unless otherwise indicated. Engineer will return two copies. 3. Informational Submittals: Submit electronic PDF submittal or two paper copies of each submittal, unless otherwise indicated. Engineer will not return copies. 4. Closeout Submittals and Maintenance Material Submittals: Comply with requirements specified in Division 01 Section "Closeout Procedures." 5. Certificates and Certifications Submittals: Provide a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. a. Provide a digital signature with digital certificate on electronically-submitted certificates and certifications where indicated. b. Provide a notarized statement on original paper copy certificates and certifications where indicated. 6. Test and Inspection Reports Submittals: Comply with requirements specified in Division 01 Section "Quality Requirements." B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard published data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable: a. Manufacturer's catalog cuts. 01 3300 - 6 SECTION 01 3300 DIVISION 01 — GENERAL REQUIREMENTS SUBMITTAL PROCEDURES b. Manufacturer's product specifications. C. Standard color charts. d. Statement of compliance with specified referenced standards. e. Testing by recognized testing agency. f. Application of testing agency labels and seals. g. Notation of coordination requirements. h. Availability and delivery time information. 4. For equipment, include the following in addition to the above, as applicable: a. Wiring diagrams showing factory-installed wiring. b. Printed performance curves. C. Operational range diagrams. d. Clearances required to other construction, if not indicated on accompanying Shop Drawings. 5. Submit Product Data before or concurrent with Samples. 6. Submit Product Data in the following format: L a. PDF electronic file or three paper copies of Product Data, unless otherwise indicated. Engineer will return two paper copies. C. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. 1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: a. Identification of products. b. Schedules. C. Compliance with specified standards. d. Notation of coordination requirements. e. Notation of dimensions established by field measurement. f. Relationship and attachment to adjoining construction clearly indicated. g. Seal and signature of professional engineer if specified. 2. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches (215 by 280 mm) but no larger than 30 by 42 inches (750 by 1067 mm). 3. Submit Shop Drawings in the following format: a. PDF electronic file or three opaque copies of each submittal. ; Engineer will retain one copy; remainder will be returned. D. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other elements and for a comparison of these characteristics between submittal and actual component as delivered and installed. 01 3300 - 7 _ 1 . I SECTION 01 3300 DIVISION 01 — GENERAL REQUIREMENTS SUBMITTAL PROCEDURES 1 1. Transmit Samples that contain multiple, related components such as I accessories together in one submittal package. 2. Identification: Attach label on unexposed side of Samples that includes the following: a. Generic description of Sample. b. Product name and name of manufacturer. C. Sample source. d. Number and title of applicable Specification Section. I 3. Disposition: Maintain sets of approved Samples at Project site, f available for quality-control comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set. a. Samples that may be incorporated into the Work are indicated in individual Specification Sections. Such Samples must be in an undamaged condition at time of use. b. Samples not incorporated into the Work, or otherwise designated as Owner's property, are the property of Contractor. 4. Samples for Verification: Submit full-size units or Samples of size indicated, prepared from same material to be used for the Work, cured and finished in manner specified, and physically identical with material or product proposed for use, and that show full range of color and texture variations expected. Samples include, but are not limited to, the following: partial sections of manufactured or fabricated components; small cuts or containers of materials; complete units of repetitively used materials; swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection. a. Number of Samples: Submit two sets of Samples. Engineer will retain one sample set; remainder will be returned. E. Contractor's Construction Schedule: Comply with requirements specified in Division 01 Section "Construction Progress Documentation." F. Application for Payment: Comply with requirements specified in Division 01 Section "Payment Procedures." G. Schedule of Values: Comply with requirements specified in Division 01 Section "Payment Procedures." H. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Include the following information in tabular form: 1. Name, address, and telephone number of entity performing subcontract or supplying products. I 01 3300 - 8 I SECTION 01 3300 DIVISION 01 — GENERAL REQUIREMENTS SUBMITTAL PROCEDURES 2. Number and title of related Specification Section(s) covered by subcontract. 3. Drawing number and detail references, as appropriate, covered by subcontract. 4. Submit subcontract list in the following format: a. PDF electronic file. I. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, contact information of Engineers and owners, and other information specified. J. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of Welding Procedure Specification and Procedure Qualification Record on American Welding Society (AWS) forms. Include names of firms and personnel certified. K. Installer Certificates: Submit written statements on manufacturer's letterhead certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project. L. Manufacturer Certificates: Submit written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the IContract Documents. Include evidence of manufacturing experience where required. 1 M. Product Certificates: Submit written statements on manufacturer's letterhead certifying that product complies with requirements in the Contract Documents. N. Material Certificates: Submit written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents. O. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents. P. Product Test Reports: Submit written reports indicating current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. Q. Research Reports: Submit written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. Include the following information: 1. Name of evaluation organization. 2. Date of evaluation. 3. Time period when report is in effect. 01 3300 - 9 I SECTION 01 3300 DIVISION 01 — GENERAL REQUIREMENTS SUBMITTAL PROCEDURES 4. Product and manufacturers' names. 5. Description of product. 6. Test procedures and results. 7. Limitations of use. R. Schedule of Tests and Inspections: Comply with requirements specified in Division 01 Section "Quality Requirements." S. Compatibility Test Reports: Submit reports written by a qualified testing 1 agency, on testing agency's standard form, indicating and interpreting results of I compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion. T. Field Test Reports: Submit reports indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents. I U. Maintenance Data: Comply with requirements specified in Division 01 Section I "Operation and Maintenance Data." V. Design Data: Prepare and submit written and graphic information, including, but not limited to, performance and design criteria, list of applicable codes and regulations, and calculations. Include list of assumptions and other performance and design criteria and a summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers. PART 3 - EXECUTION 3.1 CONTRACTOR'S REVIEW A. Action and Informational Submittals: Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Engineer. B. Project Closeout and Maintenance/Material Submittals: Refer to requirements in Division 01 Section "Closeout Procedures." C. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 01 3300 - 10 SECTION 01 3300 DIVISION 01 — GENERAL REQUIREMENTS SUBMITTAL PROCEDURES 3.2 ENGINEER'S ACTION A. General: Engineer will not review submittals that do not bear Contractor's approval stamp and will return them without action. B. Action Submittals: Engineer will review each submittal, make marks to indicate corrections or modifications required, and return it. Engineer will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action. C. Informational Submittals: Engineer will review each submittal and will not return it, or will return it if it does not comply with requirements. Engineer will forward each submittal to appropriate parry. D. Partial submittals prepared for a portion of the Work will be reviewed when use of partial submittals has received prior approval from Engineer. E. Incomplete submittals are not acceptable, will be considered nonresponsive, and will be returned without review. F. Submittals not required by the Contract Documents may not be reviewed and may be discarded. END OF SECTION 01 3300 01 3300- 11 SECTION 01 4000 DIVISION 01 — GENERAL REQUIREMENTS QUALITY REQUIREMENTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. 1. Specific quality-assurance and -control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products. 2. Specified tests, inspections, and related actions do not limit Contractor's other quality-assurance and -control procedures that facilitate compliance with the Contract Document requirements. 3. Requirements for Contractor to provide quality-assurance and -control services required by Engineer, Owner, or authorities having jurisdiction are not limited by provisions of this Section. C. Related Sections: 1. Division 01 Section "Construction Progress Documentation" for developing a schedule of required tests and inspections. 2. Divisions 02 through 49 Sections for specific test and inspection requirements. 1.3 DEFINITIONS A. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements. B. Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with 01 4000 - 1 l SECTION 01 4000 DIVISION 01 — GENERAL REQUIREMENTS QUALITY REQUIREMENTS requirements. Services do not include contract enforcement activities performed by Engineer. C. Preconstruction Testing: Tests and inspections performed specifically for the Project before products and materials are incorporated into the Work to verify performance or compliance with specified criteria. D. Product Testing: Tests and inspections that are performed by an NRTL, an NVLAP, or a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with specified requirements. E. Source Quality-Control Testing: Tests and inspections that are performed at the source, i.e., plant, mill, factory, or shop. F. Field Quality-Control Testing: Tests and inspections that are performed on-site I for installation of the Work and for completed Work. G. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency. H. Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub-subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations. I 1. Use of trade-specific terminology in referring to a trade or entity does 1 not require that certain construction activities be performed by accredited or unionized individuals, or that requirements specified apply exclusively to specific trade or trades. I. Experienced: When used with an entity or individual, "experienced" means having successfully completed a minimum of five previous projects similar in nature, size, and extent to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction. 1.4 CONFLICTING REQUIREMENTS A. Referenced Standards: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer conflicting requirements that are different, but apparently equal, to Engineer for a decision before proceeding. B. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as 01 4000 - 2 SECTION 01 4000 DIVISION 01 — GENERAL REQUIREMENTS QUALITY REQUIREMENTS appropriate, for the context of requirements. Refer uncertainties to Engineer for a decision before proceeding. 1.5 INFORMATIONAL SUBMITTALS A. Contractor's Quality-Control Plan: For quality-assurance and quality-control activities and responsibilities. B. Contractor's Quality-Control Manager Qualifications: For supervisory personnel. C. Testing Agency Qualifications: For testing agencies specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by a recognized authority. D. Schedule of Tests and Inspections: Prepare in tabular form and include the following: 1. Specification Section number and title. 2. Entity responsible for performing tests and inspections. 3. Description of test and inspection. 4. Identification of applicable standards. s 5. Identification of test and inspection methods. I 6. Number of tests and inspections required. 7. Time schedule or time span for tests and inspections. 8. Requirements for obtaining samples. 9. Unique characteristics of each quality-control service. F 1.6 CONTRACTOR'S QUALITY-CONTROL PLAN A. Quality-Control Plan, General: Submit quality-control plan within ten (10) days of Notice to Proceed, and not less than five (5) days prior to preconstruction conference. Submit in format acceptable to Engineer. Identify personnel, procedures, controls, instructions, tests, records, and forms to be used to carry out Contractor's quality-assurance and quality-control responsibilities. Coordinate with Contractor's construction schedule. B. Submittal Procedure: Describe procedures for ensuring compliance with requirements through review and management of submittal process. Indicate qualifications of personnel responsible for submittal review. C. Testing and Inspection: Include in quality-control plan a comprehensive schedule of Work requiring testing or inspection, including the following: 1. Contractor-performed tests and inspections including subcontractor- performed tests and inspections. Include required tests and inspections and Contractor-elected tests and inspections. 01 4000 - 3 SECTION 01 4000 DIVISION 01 — GENERAL REQUIREMENTS QUALITY REQUIREMENTS D. Continuous Inspection of Workmanship: Describe process for continuous inspection during construction to identify and correct deficiencies in workmanship in addition to testing and inspection specified. Indicate types of corrective actions to be required to bring work into compliance with standards of workmanship established by Contract requirements and approved mockups. E. Monitoring and Documentation: Maintain testing and inspection reports including log of approved and rejected results. Include work Engineer has indicated as nonconforming or defective. Indicate corrective actions taken to bring nonconforming work into compliance with requirements. Comply with requirements of authorities having jurisdiction. 1.7 REPORTS AND DOCUMENTS A. Test and Inspection Reports: Prepare and submit certified written reports I specified in other Sections. Include the following: 1. Date of issue. 2. Project title and number. 3. Name, address, and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making tests and inspections. 6. Description of the Work and test and inspection method. 7. Identification of product and Specification Section. S. Complete test or inspection data. 9. Test and inspection results and an interpretation of test results. 10. Record of temperature and weather conditions at time of sample taking and testing and inspecting. 11. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. 12. Name and signature of laboratory inspector. 13. Recommendations on retesting and reinspecting. B. Manufacturer's Technical Representative's Field Reports: Prepare written information documenting manufacturer's technical representative's tests and inspections specified in other Sections. Include the following: 1. Name, address, and telephone number of technical representative making report. 2. Statement on condition of substrates and their acceptability for installation of product. 3. Statement that products at Project site comply with requirements. 4. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. 5. Results of operational and other tests and a statement of whether observed performance complies with requirements. 6. Statement whether conditions, products, and installation will affect warranty. 7. Other required items indicated in individual Specification Sections. 01 4000 -4 SECTION 01 4000 DIVISION 01 — GENERAL REQUIREMENTS QUALITY REQUIREMENTS C. Factory-Authorized Service Representative's Reports: Prepare written information documenting manufacturer's factory-authorized service representative's tests and inspections specified in other Sections. Include the following: 1. Name, address, and telephone number of factory-authorized service representative making report. 2. Statement that equipment complies with requirements. 3. Results of operational and other tests and a statement of whether observed performance complies with requirements. 4. Statement whether conditions, products, and installation will affect warranty. 5. Other required items indicated in individual Specification Sections. D. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work. 1.8 QUALITY ASSURANCE A. General: Qualifications paragraphs in this article establish the minimum qualification levels required; individual Specification Sections specify additional requirements. B. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. C. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. D. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. E. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for installations of the system, assembly, or product that are similar to those indicated for this Project in material, design, and extent. F. Specialists: Certain Specification Sections require that specific construction activities shall be performed by entities who are recognized experts in those 01 4000 - 5 SECTION 01 4000 DIVISION 01 — GENERAL REQUIREMENTS QUALITY REQUIREMENTS operations. Specialists shall satisfy qualification requirements indicated and shall be engaged for the activities indicated. 1. Requirements of authorities having jurisdiction shall supersede requirements for specialists. G. Testing Agency Qualifications: An NRTL, an NVLAP, or an independent agency with the experience and capability to conduct testing and inspecting indicated, as documented according to ASTM E 329 and with additional qualifications specified in individual Sections; and where required by authorities having jurisdiction, that is acceptable to authorities. 1. NRTL: A nationally recognized testing laboratory according to 29 CFR 1910.7. 2. NVLAP: A testing agency accredited according to NIST's National Voluntary Laboratory Accreditation Program. H. Manufacturer's Technical Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to observe and inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. I. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. J. Preconstruction Testing: Where testing agency is indicated to perform preconstruction testing for compliance with specified requirements for performance and test methods, comply with the following: 1. Contractor responsibilities include the following: a. Provide test specimens representative of proposed products and construction. b. Submit specimens in a timely manner with sufficient time for testing and analyzing results to prevent delaying the Work. C. Provide sizes and configurations of test assemblies, mockups, and laboratory mockups to adequately demonstrate capability of products to comply with performance requirements. d. Build site-assembled test assemblies and mockups using installers who will perform same tasks for Project. e. Build laboratory mockups at testing facility using personnel, products, and methods of construction indicated for the completed Work. 2. Testing Agency Responsibilities: Submit a certified written report of each test, inspection, and similar quality-assurance service to Engineer, with copy to Contractor. Interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from the Contract Documents. 01 4000 - 6 SECTION 01 4000 DIVISION 01 — GENERAL REQUIREMENTS QUALITY REQUIREMENTS 1.9 QUALITY CONTROL A. Owner Responsibilities: Where quality-control services are indicated as Owner's responsibility, Owner will engage a qualified testing agency to perform these services. 1. Owner will furnish Contractor with names, addresses, and telephone numbers of testing agencies engaged and a description of types of testing and inspecting they are engaged to perform. 2. Payment for these services will be made from testing and inspecting allowances, as authorized by Change Orders. 3. Costs for retesting and reinspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Contractor. B. Contractor Responsibilities: Tests and inspections not explicitly assigned to Owner are Contractor's responsibility. Perform additional quality-control activities required to verify that the Work complies with requirements, whether specified or not. 1. Unless otherwise indicated, provide quality-control services specified and those required by authorities having jurisdiction. Perform quality- control services required of Contractor by authorities having jurisdiction, whether specified or not. 2. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality-control services. a. Contractor shall not employ same entity engaged by Owner, unless agreed to in writing by Owner. 3. Notify testing agencies at least 24 hours in advance of time when Work that requires testing or inspecting will be performed. 4. Where quality-control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality-control service. 5. Testing and inspecting requested by Contractor and not required by the Contract Documents are Contractor's responsibility. 6. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct. C. Manufacturer's Field Services: Where indicated, engage a factory-authorized service representative to inspect field-assembled components and equipment installation, including service connections. Report results in writing as specified in Division 01 Section "Submittal Procedures." D. Manufacturer's Technical Services: Where indicated, engage a manufacturer's technical representative to observe and inspect -the Work. Manufacturer's technical representative's services include participation in preinstallation conferences, examination of substrates and conditions, verification of materials, observation of Installer activities, inspection of completed portions of the Work, and submittal of written reports. 01 4000 - 7 SECTION 01 4000 DIVISION 01 — GENERAL REQUIREMENTS QUALITY REQUIREMENTS E. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality-control services, including retesting and reinspecting, for construction that replaced Work that failed to comply with the Contract Documents. F. Testing Agency Responsibilities: Cooperate with Engineer and Contractor in I performance of duties. Provide qualified personnel to perform required tests and inspections. 1. Notify Engineer and Contractor promptly of irregularities or deficiencies I observed in the Work during performance of its services. 2. Determine the location from which test samples will be taken and in which in-situ tests are conducted. 3. Conduct and interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements. 4. Submit a certified written report, in duplicate, of each test, inspection, and similar quality-control service through Contractor. 5. Do not release, revoke, alter, or increase the Contract Document requirements or approve or accept any portion of the Work. 6. Do not perform any duties of Contractor. G. Associated Services: Cooperate with agencies performing required tests, i inspections, and similar quality-control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: 1. Access to the Work. 2. Incidental labor and facilities necessary to facilitate tests and inspections. 3. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. 4. Facilities for storage and field curing of test samples. 5. Delivery of samples to testing agencies. 6. Preliminary design mix proposed for use for material mixes that require control by testing agency. 7. Security and protection for samples and for testing and inspecting equipment at Project site. H. Coordination: Coordinate sequence of activities to accommodate required quality-assurance and -control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. 1. Schedule times for tests, inspections, obtaining samples, and similar activities. I. Schedule of Tests and Inspections: Prepare a schedule of tests, inspections, and similar quality-control services required by the Contract Documents. Coordinate and submit concurrently with Contractor's construction schedule. Update as the Work progresses. . 01 4000 - 8 SECTION 01 4000 DIVISION 01 — GENERAL REQUIREMENTS QUALITY REQUIREMENTS 1. Distribution: Distribute schedule to Owner, Engineer, testing agencies, and each party involved in performance of portions of the Work where tests and inspections are required. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 TEST AND INSPECTION LOG A. Prepare a record of tests and inspections. Include the following: 1. Date test or inspection was conducted. 2. Description of the Work tested or inspected. 3. Date test or inspection results were transmitted to Engineer. 4. Identification of testing agency or special inspector conducting test or inspection. B. Maintain log at Project site. Post changes and modifications as they occur. Provide access to test and inspection log for Engineer's reference during normal working hours. 3.2 REPAIR AND PROTECTION A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes. 1. Provide materials and comply with installation requirements specified in other Specification Sections or matching existing substrates and finishes. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as possible. Comply with the Contract Document requirements for cutting and patching in Division 01 Section "Execution." B. Protect construction exposed by or for quality-control service activities. C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services. END OF SECTION 01 4000 01 4000 - 9 SECTION 014200 DIVISION 01 — GENERAL REQUIREMENTS REFERENCES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 DEFINITIONS A. General: Basic Contract definitions are included in the Conditions of the Contract. B. "Approved": When used to convey Engineer's action on Contractor's submittals, applications, and requests, "approved" is limited to Engineer's duties and responsibilities as stated in the Conditions of the Contract. C. "Directed": A command or instruction by Engineer. Other terms including "requested," "authorized," "selected," "required," and "permitted" have the same meaning as "directed." D. "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "indicated." E. "Regulations": Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work. F. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations. G. "Install": Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. H. "Provide": Furnish and install, complete and ready for the intended use. I. "Project Site": Space available for performing construction activities. The extent of Project site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built. 01 4200- 1 SECTION 01 4200 DIVISION 01 — GENERAL REQUIREMENTS REFERENCES 1.3 INDUSTRY STANDARDS A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with standards in effect as of date of the Contract Documents unless otherwise indicated. C. Copies of Standards: Each entity engaged in construction on Project should be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. 1. Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source. 1.4 ABBREVIATIONS AND ACRONYMS A. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities indicated in Gale's "Encyclopedia of Associations" or in Columbia Books' "National Trade & Professional Associations of the United States." I B. Industry Organizations: Where abbreviations and acronyms are used in J Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. AA Aluminum Association, Inc. (The) (703) 358-2960 www.aluminum.org AAADM American Association of Automatic Door Manufacturers (216) 241-7333 J www.aaadm.com AABC Associated Air Balance Council (202) 737-0202 www.aabchq.com AAMA American Architectural Manufacturers Association (847) 303-5664 www.aamanet.org AASHTO American Association of State Highway and Transportation (202) 624-5800 Officials www.transportation.org AATCC American Association of Textile Chemists and Colorists (919) 549-8141 www.aatcc.org 01 4200 - 2 SECTION 01 4200 DIVISION 01 — GENERAL REQUIREMENTS REFERENCES ABAA Air Barrier Association of America (866) 956-5888 www.airbarrier.org ABMA American Bearing Manufacturers Association (202) 367-1155 www.abma-dc.org ACI American Concrete Institute (248) 848-3700 www.concrete.org ACPA American Concrete Pipe Association (972) 506-7216 www.concrete-pipe.org AEIC Association of Edison Illuminating Companies, Inc. (The) (205) 257-2530 www.aeic.org AF&PA American Forest & Paper Association (800) 878-8878 www.afandpa.org (202) 463-2700 AGA American Gas Association (202) 824-7000 www.aga.org AGC Associated General Contractors of America (The) (703) 548-3118 www.agc.org AHAM Association of Home Appliance Manufacturers (202) 872-5955 www.aham.org AHRI Air-Conditioning, Heating, and Refrigeration Institute (703) 524-8800 www.ahrinet.org Al Asphalt Institute (859) 288-4960 www.asphaltinstitute.org AIA American Institute of Architects (The) (800) 242-3837 www.aia.org (202) 626-7300 AISC American Institute of Steel Construction (800) 644-2400 www.aisc.org (312) 670-2400 AISI American Iron and Steel Institute (202) 452-7100 www.steel.org AITC American Institute of Timber Construction (303) 792-9559 www.aitc-glulam.org t ALSC American Lumber Standard Committee, Incorporated (301) 972-1700 www.alsc.org AMCA Air Movement and Control Association International, Inc. (847) 394-0150 . 1 01 4200 - 3 I l SECTION 01 4200 DIVISION 01 — GENERAL REQUIREMENTS REFERENCES www.amca.org ANSI American National Standards Institute (202) 293-8020 www.ansi.org AOSA Association of Official Seed Analysts, Inc. (405) 780-7372 www.aosaseed.com APA Architectural Precast Association (239) 454-6989 www.archprecast.org APA APA-The Engineered Wood Association (253) 565-6600 www.apawood.org API American Petroleum Institute (202) 682-8000 www.api.org ARI Air-Conditioning & Refrigeration Institute (Now AHRI) I ARMA Asphalt Roofing Manufacturers Association (202) 207-0917 www.asphaltroofing.org ASCE American Society of Civil Engineers (800) 548-2723 www.asce.org (703) 295-6300 ASCE/SEI American Society of Civil Engineers/Structural Engineering Institute (See ASCE) I ASHRAE American Society of Heating, Refrigerating and Air- (800) 527-4723 Conditioning Engineers www.ashrae.org (404) 636-8400 ASME ASME International (800) 843-2763 (American Society of Mechanical Engineers International) (973) 882-1170 www.asme.org ASSE American Society of Safety Engineers (847) 699-2929 www.asse.org ASSE American Society of Sanitary Engineering (440) 835-3040 www.asse-plumbing.org ASTM ASTM International (610) 832-9500 (American Society for Testing and Materials International) www.astm.org ATIS Alliance for Telecommunications Industry Solutions (202) 628-6380 www.atis.org r 01 4200 - 4 SECTION 01 4200 DIVISION 01 — GENERAL REQUIREMENTS REFERENCES AWCI Association of the Wall and Ceiling Industry (703) 534-8300 www.awci.org AWCMA American Window Covering Manufacturers Association (Now WCMA) AWI Architectural Woodwork Institute (571) 323-3636 www.awinet.org AWPA American Wood Protection Association (205) 733-4077 (Formerly: American Wood Preservers' Association) www.awpa.com AWS American Welding Society (800) 443-9353 www.aws.org (305) 443-9353 AWWA American Water Works Association (800) 926-7337 www.awwa.org (303) 794-7711 BHMA Builders Hardware Manufacturers Association (212) 297-2122 www.buildershardware.com BIA Brick Industry Association (The) (703) 620-0010 www.bia.org BICSI BICSI, Inc. (800) 242-7405 www.bicsi.org (813) 979-1991 BIFMA BIFMA International (616) 285-3963 (Business and Institutional Furniture Manufacturer's Association International) www.bifma.com BISSC Baking Industry Sanitation Standards Committee (866) 342-4772 www.bissc.org BWF Badminton World Federation 6-03-9283 7155 (Formerly: IBF - International Badminton Federation) www.internationalbadminton.org CCC Carpet Cushion Council (610) 527-3880 www.carpetcushion.org CDA Copper Development Association (212) 251-7200 www.copper.org CEA Canadian Electricity Association (613) 230-9263 www.canelect.ca 01 4200 - 5 SECTION 01 4200 DIVISION 01 — GENERAL REQUIREMENTS REFERENCES CEA Consumer Electronics Association (866) 858-1555 www.ce.org (703) 907-7600 CFFA Chemical Fabrics & Film Association, Inc. (216) 241-7333 www.chemicalfabricsandfilm.com CGA Compressed Gas Association (703) 788-2700 www.cganet.com CIMA Cellulose Insulation Manufacturers Association (888) 881-2462 www.cellulose.org (937) 222-2462 CISCA Ceilings & Interior Systems Construction Association (630) 584-1919 www.cisca.org CISPI Cast Iron Soil Pipe Institute (423) 892-0137 www.cispi.org CLFMI Chain Link Fence Manufacturers Institute (301) 596-2583 www.chainlinkinfo.org CRRC Cool Roof Rating Council (866) 465-2523 www.coolroofs.org (510) 485-7175 CPA Composite Panel Association (703) 724-1128 www.pbmdf.com CPPA Corrugated Polyethylene Pipe Association (800) 510-2772 www.plasticpipe.org (202) 462-9607 CRI Carpet and Rug Institute (The) (706) 278-3176 www.carpet-rug.com CRSI Concrete Reinforcing Steel Institute (847) 517-1200 www.crsi.org CSA Canadian Standards Association (800) 463-6727 (416) 747-4000 CSA CSA International (866) 797-4272 (Formerly: IAS - International Approval Services) (416) 747-4000 www.csa-international.org CSI Cast Stone Institute (717) 272-3744 www.caststone.org CSI Construction Specifications Institute (The) (800) 689-2900 www.csinet.org (703) 684-0300 CSSB Cedar Shake & Shingle Bureau (604) 820-7700 01 4200 - 6 SECTION 01 4200 DIVISION 01 — GENERAL REQUIREMENTS REFERENCES www.cedarbureau.org CTI Cooling Technology Institute (281) 583-4087 (Formerly: Cooling Tower Institute) www.cti.org DHI Door and Hardware Institute (703) 222-2010 www.dhi.org ECA Electronic Components Association (703) 907-8024 www.ec-central.org EIA Electronic Industries Alliance (703) 907-7500 www.eia.org EIMA EIFS Industry Members Association (800) 294-3462 www.eima.com (770) 968-7945 EJCDC Engineers Joint Contract Documents Committee (703) 295-5000 www.ejdc.org EJMA Expansion Joint Manufacturers Association, Inc. (914) 332-0040 www.ejma.org ESD ESD Association (315) 339-6937 (Electrostatic Discharge Association) www.esda.org ETL SEMCO Intertek ETL SEMCO (800) 967-5352 (Formerly: ITS - Intertek Testing Service NA) www.intertek-etisemko.com FIBA Federation Internationale de Basketball 41 22 545 00 00 (The International Basketball Federation) Iwww.fiba.com FIVB Federation Internationale de Volleyball 41 21 345 35 35 (The International Volleyball Federation) I www.fivb.org FM Approvals FM Approvals LLC (781) 762-4300 www.fmglobal.com FM Global FM Global (401) 275-3000 (Formerly: FMG - FM Global) www.fmglobal.com FRSA Florida Roofing, Sheet Metal &Air Conditioning (407) 671-3772 Contractors Association, Inc. www.floridaroof.com 1 01 4200 - 7 l SECTION 01 4200 DIVISION 01 — GENERAL REQUIREMENTS REFERENCES FSA Fluid Sealing Association (610) 971-4850 www.fluidsealing.com FSC Forest Stewardship Council 49 228 367 66 0 www.fsc.org GA Gypsum Association (202) 289-5440 www.gypsum.org GANA Glass Association of North America (785) 271-0208 www.glasswebsite.com GRI (Part of GSI) GS Green Seal (202) 872-6400 www.greenseal.org GSI Geosynthetic Institute (610) 522-8440 www.geosynthetic-institute.org HI Hydraulic Institute (973) 267-9700 www.pumps.org HI Hydronics Institute (908) 464-8200 www.gamanet.org HMMA Hollow Metal Manufacturers Association (Part of NAAMM) HPVA Hardwood Plywood & Veneer Association (703) 435-2900 www.hpva.org HPW H. P. White Laboratory, Inc. (410) 838-6550 www.hpwhite.com IAS International Approval Services (Now CSA International) IBF International Badminton Federation (Now BWF) ICEA Insulated Cable Engineers Association, Inc. (770) 830-0369 www.icea.net ICRI International Concrete Repair Institute, Inc. (847) 827-0830 k www.icri.org IEC International Electrotechnical Commission 41 22 919 02 11 1 www.iec.ch EI 01 4200 - 8 SECTION 01 4200 DIVISION 01 — GENERAL REQUIREMENTS REFERENCES IEEE Institute of Electrical and Electronics Engineers, Inc. (The) (212) 419-7900 www.ieee.org IES Illuminating Engineering Society (212) 248-5000 www.ies.org IESNA Illuminating Engineering Society of North America (Now IES) [EST Institute of Environmental Sciences and Technology (847) 981-0100 wvvw.iest.org IGCC Insulating Glass Certification Council (315) 646-2234 www.igcc.org IGMA Insulating Glass Manufacturers Alliance (613) 233-1510 www.igmaonline.org ILI Indiana Limestone Institute of America, Inc. (812) 275-4426 www.iliai.com 1 ISO International Organization for Standardization 41 22 749 01 11 www.iso.ch IAvailable from ANSI (202) 293-8020 www.ansi.org 1 ISSFA International Solid Surface Fabricators Association (877) 464-7732 i www.issfa.net (702) 567-8150 ITS Intertek Testing Service NA (Now ETL SEMCO) ITU International Telecommunication Union 41 22 730 51 11 www.itu.int/home KCMA Kitchen Cabinet Manufacturers Association (703) 264-1690 www.kcma.org LPI Lightning Protection Institute (800) 488-6864 www.lightning.org MBMA Metal Building Manufacturers Association (216) 241-7333 www.mbma.com MFMA Maple Flooring Manufacturers Association, Inc. (888) 480-9138 www.mapiefloor.org MFMA Metal Framing Manufacturers Association, Inc. (312) 644-6610 I 01 4200 - 9 i . I SECTION 01 4200 DIVISION 01 — GENERAL REQUIREMENTS REFERENCES www,metalframingmfg.org MH Material Handling (Now MHIA) MHIA Material Handling Industry of America (800) 345-1815 www.mhia.org (704) 676-1190 MIA Marble Institute of America (440) 250-9222 I www.marble-institute.com MPI Master Painters Institute (888) 674-8937 www.paintinfo.com (604) 298-7578 MSS Manufacturers Standardization Society of The Valve and (703) 281-6613 Fittings Industry Inc. www.mss-hq.com NAAMM National Association of Architectural Metal Manufacturers (630) 942-6591 i www.naamm.org NACE NACE International (800) 797-6623 j (National Association of Corrosion Engineers International) (281) 228-6200 J www.nace.org NADCA National Air Duct Cleaners Association (202) 737-2926 www.nadca.com NAGWS National Association for Girls and Women in Sport (800) 213-7193, ext. 453 www.aahperd.org/nagws/ (703) 476-3400 NAIMA North American Insulation Manufacturers Association (703) 684-0084 www.naima.org NBGQA National Building Granite Quarries Association, Inc. (800) 557-2848 www.nbgqa.com NCAA National Collegiate Athletic Association (The) (317) 917-6222 www.ncaa.org NCMA National Concrete Masonry Association (703) 713-1900 www.ncma.org NCPI National Clay Pipe Institute (262) 248-9094 www.ncpi.org NCTA National Cable & Telecommunications Association (202) 775-2300 www.ncta.com 01 4200 - 10 SECTION 01 4200 DIVISION 01 — GENERAL REQUIREMENTS REFERENCES NEBB National Environmental Balancing Bureau (301) 977-3698 www.nebb.org NECA National Electrical Contractors Association (301) 657-3110 www.necanet.org NeLMA Northeastern Lumber Manufacturers' Association (207) 829-6901 www.nelma.org NEMA National Electrical Manufacturers Association (703) 841-3200 www.nema.org NETA InterNational Electrical Testing Association (888) 300-6382 www.netaworld.org (269) 488-6382 NFHS National Federation of State High School Associations (317) 972-6900 www.nfhs.org NFPA NFPA (800) 344-3555 (National Fire Protection Association) (617) 770-3000 www.nfpa.org NFRC National Fenestration Rating Council (301) 589-1776 www.nfrc.org NGA National Glass Association (866) 342-5642 www.glass.org (703) 442-4890 NHLA National Hardwood Lumber Association (800) 933-0318 www.natlhardwood.org (901) 377-1818 NLGA National Lumber Grades Authority (604) 524-2393 www.nlga.org I NOFMA NOFMA: The Wood Flooring Manufacturers Association (901) 526-5016 (Formerly: National Oak Flooring Manufacturers Association) www.nofma.com INOMMA National Ornamental & Miscellaneous Metals Association (888) 516-8585 www.nomma.org NRCA National Roofing Contractors Association (800) 323-9545 www.nrca.net (847) 299-9070 NRMCA National Ready Mixed Concrete Association (888) 846-7622 www.nrmca.org (301) 587-1400 NSF NSF International (800) 673-6275 (National Sanitation Foundation International) (734) 769-8010 01 4200 - 11 l SECTION 01 4200 DIVISION 01 — GENERAL REQUIREMENTS REFERENCES www.nsf.org NSSGA National Stone, Sand & Gravel Association (800) 342-1415 www.nssga.org (703) 525-8788 NTMA National Terrazzo & Mosaic Association, Inc. (The) (800) 323-9736 www.ntma.com (540) 751-0930 NTRMA National Tile Roofing Manufacturers Association (Now TRI) NWFA National Wood Flooring Association (800) 422-4556 www.woodfloors.org (636) 519-9663 NWWDA National Wood Window and Door Association ) (Now WDMA) I PC] Precast/Prestressed Concrete Institute (312) 786-0300 www.pci.org PDCA Painting & Decorating Contractors of America (800) 332-7322 www.pdca.com (314) 514-7322 PDI Plumbing & Drainage Institute (800) 589-8956 www.pdionline.org (978) 557-0720 PGI PVC Geomembrane Institute (217) 333-3929 http://pgi-tp.cee.uiuc.edu I PLANET Professional Landcare Network (800) 395-2522 1 www.landcarenetwork.org (703) 736-9666 PTI Post-Tensioning Institute (602) 870-7540 l www.post-tensioning.org RCSC Research Council on Structural Connections www.boltcouncil.org RFCI Resilient Floor Covering Institute (301) 340-8580 www.rfci.com RIS Redwood Inspection Service (925) 935-1499 www.redwoodinspection.com SAE SAE International (877) 606-7323 www.sae.org (724) 776-4841 SCTE Society of Cable Telecommunications Engineers (800) 542-5040 www.scte.org (610) 363-6888 01 4200 - 12 SECTION 01 4200 DIVISION 01 —GENERAL REQUIREMENTS REFERENCES SDI Steel Deck Institute (847)458-4647 www.sdi.org SDI Steel Door Institute (440) 899-0010 www.steeldoor.org SEFA Scientific Equipment and Furniture Association (877) 294-5424 www.sefalabs.com (516) 294-5424 SEI/ASCE Structural Engineering Institute/American Society of Civil Engineers (See ASCE) SGCC Safety Glazing Certification Council (315) 646-2234 www.sgcc.org SIA Security Industry Association (866) 817-8888 www.siaonline.org (703) 683-2075 SJI Steel Joist Institute (843) 626-1995 www.steeljoist.org SMA Screen Manufacturers Association (561) 533-0991 www.smainfo.org F SMACNA Sheet Metal and Air Conditioning Contractors' (703) 803-2980 National Association www.smacna.org I SMPTE Society of Motion Picture and Television Engineers (914) 761-1100 www.smpte.org f SPFA Spray Polyurethane Foam Alliance (800) 523-6154 www.sprayfoam.org SPIB Southern Pine Inspection Bureau (850) 434-2611 www.spib.org j SPRI Single Ply Roofing Industry (781) 647-7026 l www.spri.org SSINA Specialty Steel Industry of North America (800) 982-0355 www.ssina.com (202) 342-8630 SSPC SSPC: The Society for Protective Coatings (877) 281-7772 1 www.sspc.org (412) 281-2331 STI Steel Tank Institute (847)438-8265 www.steeltank.com 1 01 4200 - 13 l SECTION 01 4200 DIVISION 01 — GENERAL REQUIREMENTS REFERENCES SWI Steel Window Institute (216) 241-7333 www.steelwindows.com SWRI Sealant, Waterproofing, & Restoration Institute (816) 472-7974 www.swrionline.org TCNA Tile Council of North America, Inc. (864) 646-8453 www.tileusa.com TIA/EIA Telecommunications Industry Association/Electronic (703) 907-7700 Industries Alliance www.tiaonline.org TMS The Masonry Society (303) 939-9700 I www.masonrysociety.org TPI Truss Plate Institute, Inc. (703) 683-1010 www.tpinst.org TPI Turfgrass Producers International (800) 405-8873 www.turfgrasssod.org (847) 649-5555 TRI Tile Roofing Institute (312) 670-4177 l www.tileroofing.org UL Underwriters Laboratories Inc. (877) 854-3577 I www.ul.com (847) 272-8800 UNI Uni-Bell PVC Pipe Association (972) 243-3902 I www.uni-bell.org USAV USA Volleyball (888) 786-5539 www.usavolleyball.org (719) 228-6800 USGBC U.S. Green Building Council (800) 795-1747 www.usgbc.org USITT United States Institute for Theatre Technology, Inc. (800) 938-7488 www.usitt.org (315) 463-6463 WASTEC Waste Equipment Technology Association (800) 424-2869 www.wastec.org (202) 244-4700 WCLIB West Coast Lumber Inspection Bureau (800) 283-1486 www.wclib.org (503) 639-0651 WCMA Window Covering Manufacturers Association (212) 297-2122 www.wcmanet.org WCSC Window Covering Safety Council (800) 506-4636 01 4200 - 14 SECTION 01 4200 DIVISION 01 — GENERAL REQUIREMENTS REFERENCES www.windowcoverings.org (212) 297-2109 WDMA Window & Door Manufacturers Association (800) 223-2301 www.wdma.com (847) 299-5200 WI Woodwork Institute (Formerly: WIC -Woodwork Institute (916) 372-9943 of California) www.wicnet.org WIC Woodwork Institute of California (Now WI) WMMPA Wood Moulding & Millwork Producers Association (800) 550-7889 www.wmmpa.com (530) 661-9591 WSRCA Western States Roofing Contractors Association (800) 725-0333 www.wsrca.com (650) 570-5441 WWPA Western Wood Products Association (503) 224-3930 www.wwpa.org C. Code Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. IAPMO International Association of Plumbing and Mechanical Officials (909)472-4100 www.iapmo.org ICC International Code Council (888) 422-7233 www.iccsafe.org ICC-ES ICC Evaluation Service, Inc. (800) 423-6587 www.icc-es.org (562) 699-0543 UBC Uniform Building Code (See ICC) D. Federal Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. I CE Army Corps of Engineers (202) 761-0011 www.usace.army.mil CPSC Consumer Product Safety Commission (800) 638-2772 www.cpsc.gov (301) 504-7923 1 01 4200 - 15 I SECTION 01 4200 DIVISION 01 — GENERAL REQUIREMENTS REFERENCES DOC Department of Commerce (202) 482-2000 1 www.commerce.gov 1 DOD Department of Defense (215) 697-6257 http://.dodssp.daps.dla.mil DOE Department of Energy (202) 586-9220 www.energy.gov EPA Environmental Protection Agency (202) 272-0167 www.epa.gov FAA Federal Aviation Administration (866) 835-5322 www.faa.gov I FCC Federal Communications Commission (888) 225-5322 www.fcc.gov FDA Food and Drug Administration (888) 463-6332 www.fda.gov GSA General Services Administration (800) 488-3111 I www.gsa.gov HUD Department of Housing and Urban Development (202) 708-1112 I www.hud.gov LBL Lawrence Berkeley National Laboratory (510)486-4000 www.lbl.gov NCHR National Cooperative Highway Research Program P (See TRB) NIST National Institute of Standards and Technology (301) 975-6478 www.nist.gov OSHA Occupational Safety & Health Administration (800) 321-6742 www.osha.gov (202) 693-1999 PBS Public Buildings Service (See GSA) PHS Office of Public Health and Science (202) 690-7694 www.hhs.gov/ophs RUS Rural Utilities Service (202) 720-9540 (See USDA) 01 4200 - 16 SECTION 014200 DIVISION 01 — GENERAL REQUIREMENTS REFERENCES SD State Department (202) 647-4000 www.state.gov TRB Transportation Research Board (202) 334-2934 http://gulliver.trb.org USDA Department of Agriculture (202) 720-2791 www.usda.gov USPS Postal Service (202) 268-2000 www.usps.com E. Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the standards and regulations in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. ADAAG Americans with Disabilities Act (ADA) (800) 872- 2253 Architectural Barriers Act (ABA) (202) 272- 0080 Accessibility Guidelines for Buildings and Facilities Available from U.S. Access Board www.access-board.gov CFR Code of Federal Regulations (866) 512- 1800 Available from Government Printing Office (202) 512- 1800 www.gpoaccess.gov/cfr/index.html DOD Department of Defense Military Specifications and Standards (215) 697- 2664 Available from Department of Defense Single Stock Point http://dodssp.daps.dia.mil DSCC Defense Supply Center Columbus (See FS) FED-STD Federal Standard (See FS) FS Federal Specification (215) 697- 2664 Available from Department of Defense Single Stock Point hftp://dodssp.daps.dla.mil Available from Defense Standardization Program www.dps.dla.mil 01 4200 - 17 SECTION 01 4200 DIVISION 01 — GENERAL REQUIREMENTS REFERENCES Available from General Services Administration (202) 619- 8925 www.gsa.gov Available from National Institute of Building Sciences (202) 289- I 7800 www.wbdg.org/ccb FTMS Federal Test Method Standard (See FS) l MIL (See MILSPEC) MIL-STD (See MILSPEC) 1 MILSPEC Military Specification and Standards (215) 697- I 2664 Available from Department of Defense Single Stock Point I http://dodssp.daps.dla.mil UFAS Uniform Federal Accessibility Standards (800) 872- 2253 Available from Access Board (202) 272- 0080 I www.access-board.gov PART 2 - PRODUCTS (Not Used) I PART 3 - EXECUTION (Not Used) t END OF SECTION 014200 1 . 1 i� 01 4200 - 18 SECTION 01 5000 TEMPORARY FACILITIES DIVISION 01 — GENERAL REQUIREMENTS AND CONTROLS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes requirements for temporary utilities, support facilities, and security and protection facilities. B. Related Sections: 1. Division 01 Section "Summary" for work restrictions and limitations on utility interruptions. 1.3 USE CHARGES 1 A. General: Installation and removal of and use charges for temporary facilities shall be included in the Contract Sum unless otherwise indicated. Allow other 1 entities to use temporary services and facilities without cost, including, but not limited to, Owner's construction forces, Engineer, occupants of Project, testing agencies, and authorities having jurisdiction. B. Water and Sewer Service from Existing System: Water from Owner's existing water system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. C. Electric Power Service from Existing System: Electric power from Owner's existing system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. 1.4 INFORMATIONAL SUBMITTALS A. Site Plan: Show temporary facilities, utility hookups, staging areas, and parking areas for construction personnel. B. Erosion- and Sedimentation-Control Plan: Show compliance with requirements of EPA Construction General Permit or authorities having jurisdiction, whichever is more stringent. 01 5000 - 1 . 1 l SECTION 01 5000 TEMPORARY FACILITIES DIVISION 01 — GENERAL REQUIREMENTS AND CONTROLS 1.5 QUALITY ASSURANCE A. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70. B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits. C. Accessible Temporary Egress: Comply with applicable provisions in the U.S. Engineer rural & Transportation Barriers Compliance Board's ADA-ABA Accessibility Guidelines. 1.6 PROJECT CONDITIONS A. Temporary Use of Permanent Facilities: Engage installer of each permanent I service to assume responsibility for operation, maintenance, and protection of each permanent service during its use as a construction facility before Owner's acceptance, regardless of previously assigned responsibilities. PART 2 - PRODUCTS 2.1 MATERIALS A. Portable Chain-Link Fencing: Minimum 2-inch (50-mm), 0.148-inch- (3.8-mm-) thick, galvanized steel, chain-link fabric fencing; minimum 6 feet (1.8 m) high with galvanized steel pipe posts; minimum 2-3/8-inch- (60-mm-) OD line posts and 2-7/8-inch- (73-mm-) OD corner and pull posts, with 1-5/8-inch- (42-mm-) OD top and bottom rails. Provide concrete or galvanized steel bases for supporting posts. B. Polyethylene Sheet: Reinforced, fire-resistive sheet, 10 mils (0.25 mm) minimum thickness, with flame-spread rating of 15 or less per ASTM E 84. 2.2 TEMPORARY FACILITIES A. Field Offices, General: Prefabricated or mobile units with serviceable finishes, temperature controls, and foundations adequate for normal loading. 2.3 EQUIPMENT A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures. 01 5000 - 2 SECTION 01 5000 TEMPORARY FACILITIES DIVISION 01 — GENERAL REQUIREMENTS AND CONTROLS B. HVAC Equipment: Unless Owner authorizes use of permanent HVAC system, provide vented, self-contained, liquid-propane-gas or fuel-oil heaters with individual space thermostatic control. 1. Use of gasoline-burning space heaters, open-flame heaters, or salamander-type heating units is prohibited. 2. Heating Units: Listed and labeled for type of fuel being consumed, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work. 1. Locate facilities to limit site disturbance as specified in Division 01 Section "Summary." B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. 3.2 TEMPORARY UTILITY INSTALLATION A. General: Install temporary service or connect to existing service. 1. Arrange with utility company, Owner, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services. B. Sewers and Drainage: If required, provide temporary utilities to remove effluent lawfully. C. Water Service: Connect to Owner's existing water service facilities. Clean and maintain water service facilities in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. D. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel. Comply with requirements of authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. 01 5000 - 3 1 SECTION 01 5000 1 TEMPORARY FACILITIES I DIVISION 01 — GENERAL REQUIREMENTS AND CONTROLS 1. Toilets: Use of Owner's existing toilet facilities will be permitted, as long as facilities are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. E. Heating: Provide temporary heating required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of low temperatures or high humidity. Select i equipment that will not have a harmful effect on completed installations or elements being installed. F. Isolation of Work Areas in Occupied Facilities: Prevent dust, fumes, and odors from entering occupied areas. 1. Prior to commencing work, isolate the HVAC system in area where work is to be performed in accordance with approved coordination drawings. a. Disconnect supply and return ductwork in work area from HVAC systems servicing occupied areas. b. Maintain negative air pressure within work area using HEPA- equipped air filtration units, starting with commencement of temporary partition construction, and continuing until removal of temporary partitions is complete. 2. Maintain dust partitions during the Work. Use vacuum collection attachments on dust-producing equipment. Isolate limited work within occupied areas using portable dust containment devices. 3. Perform daily construction cleanup and final cleanup using approved, HEPA-filter-equipped vacuum equipment. G. Ventilation and Humidity Control: Provide temporary ventilation required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of high humidity. Select equipment that will not have a harmful effect on completed installations or elements being installed. Coordinate ventilation requirements to produce ambient condition required and minimize energy consumption. 1. Provide dehumidification systems when required to reduce substrate moisture levels to level required to allow installation or application of finishes. H. Electric Power Service: Connect to Owner's existing electric power service. Maintain equipment in a condition acceptable to Owner. I. Lighting: Provide temporary lighting with local switching that provides adequate illumination for construction operations, observations, inspections, and traffic conditions. 1. Install and operate temporary lighting that fulfills security and protection requirements without operating entire system. 01 5000 - 4 SECTION 01 5000 TEMPORARY FACILITIES DIVISION 01 — GENERAL REQUIREMENTS AND CONTROLS 2. Install lighting for Project identification sign. J. Telephone Service: Provide superintendent with cellular telephone or portable two-way radio for use when away from field office. 3.3 SUPPORT FACILITIES INSTALLATION A. General: Comply with the following: 1. Provide construction for temporary offices, shops, and sheds located within construction area or within 30 feet (9 m) of building lines that is noncombustible according to ASTM E 136. Comply with NFPA 241. 2. Maintain support facilities until Engineer schedules Substantial Completion inspection. Remove before Substantial Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to Owner. B. Traffic Controls: Comply with requirements of authorities having jurisdiction. 1. Protect existing site improvements to remain including curbs, pavement, and utilities. 2. Maintain access for fire-fighting equipment and access to fire hydrants. I C. Parking: Use designated areas of Owner's existing parking areas for construction personnel. D. Dewatering Facilities and Drains: Comply with requirements of authorities having jurisdiction. Maintain Project site, excavations, and construction free of water. 1. Dispose of rainwater in a lawful manner that will not result in flooding Project or adjoining properties nor endanger permanent Work or temporary facilities. ` 2. Remove snow and ice as required to minimize accumulations. _ l E. Waste Disposal Facilities: Provide waste-collection containers in sizes ' adequate to handle waste from construction operations. Comply with requirements of authorities having jurisdiction. Comply with Division 01 Section "Execution" for progress cleaning requirements. Locate waste-collection containers in the area designated on the Drawings F. Lifts and Hoists: Provide facilities necessary for hoisting materials and personnel. 1. Truck cranes and similar devices used for hoisting materials are considered "tools and equipment" and not temporary facilities. 1 01 5000 - 5 i SECTION 01 5000 TEMPORARY FACILITIES DIVISION 01 — GENERAL REQUIREMENTS AND CONTROLS 3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction as required to comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. 1. Comply with work restrictions specified in Division 01 Section I "Summary." B. Temporary Erosion and Sedimentation Control: Comply with requirements of 1 2003 EPA Construction General Permit or authorities having jurisdiction, I whichever is more stringent and requirements specified in Division 31 Section "Site Clearing." C. Stormwater Control: Comply with requirements of authorities having jurisdiction. Provide barriers in and around excavations and subgrade construction to prevent flooding by runoff of stormwater from heavy rains. D. Site Enclosure Fence: Before construction operations begin, furnish and install site enclosure fence in a manner that will prevent people and animals from easily entering site except by entrance gates. 1. Extent of Fence: As required to enclose entire Project site or portion determined sufficient to accommodate construction operations. 2. Maintain security by limiting number of keys and restricting distribution to authorized personnel. Furnish one set of keys to Owner. E. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting. F. Temporary Egress: Maintain temporary egress from existing occupied facilities as indicated and as required by authorities having jurisdiction. G. Temporary Enclosures: Provide temporary enclosures for protection of construction, in progress and completed, from exposure, foul weather, other construction operations, and similar activities. Provide temporary weathertight enclosure for building exterior. 1. Where heating or cooling is needed and permanent enclosure is not complete, insulate temporary enclosures. 2. Protect air-handling equipment. 3. Provide walk-off mats at each entrance through temporary partition. 01 5000 - 6 SECTION 01 5000 TEMPORARY FACILITIES DIVISION 01 — GENERAL REQUIREMENTS AND CONTROLS 3.5 OPERATION, TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. B. Maintenance: Maintain facilities in good operating condition until removal. 1. Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation, and similar facilities on a 24-hour basis where required to achieve indicated results and to avoid possibility of damage. C. Temporary Facility Changeover: Do not change over from using temporary security and protection facilities to permanent facilities until Substantial Completion. D. Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. Materials and facilities that constitute temporary facilities are property of Contractor. 2. At Substantial Completion, repair, renovate, and clean permanent facilities used during construction period. Comply with final cleaning requirements specified in Division 01 Section "Closeout Procedures." END OF SECTION 01 5000 01 5000 - 7 SECTION 01 6000 DIVISION 01 — GENERAL REQUIREMENTS PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; and comparable products. B. Related Sections: 1. Division 01 Section "Substitution Procedures" for requests for substitutions. 2. Division 01 Section "References" for applicable industry standards for products specified. 1.3 DEFINITIONS A. Products: Items obtained for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent. 1. Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature, that is current as of date of the Contract Documents. 2. New Products: Items that have not previously been incorporated into another project or facility. Products salvaged or recycled from other projects are not considered new products. 3. Comparable Product: Product that is demonstrated and approved through submittal process to have the indicated qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product. B. Basis-of-Design Product Specification: A specification in which a specific manufacturer's product is named and accompanied by the words "basis-of- design product," including make or model number or other designation, to 01 6000 - 1 SECTION 01 6000 DIVISION 01 —GENERAL REQUIREMENTS PRODUCT REQUIREMENTS establish the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of additional manufacturers named in the specification. 1.4 ACTION SUBMITTALS A. Comparable Product Requests: Submit request for consideration of each comparable product. Identify product or fabrication or installation method to be I replaced. Include Specification Section number and title and Drawing numbers and titles. j 1. Include data to indicate compliance with the requirements specified in I "Comparable Products" Article. 2. Engineer's Action: If necessary, Engineer will request additional information or documentation for evaluation within one week of receipt of a comparable product request. Engineer will notify Contractor of approval or rejection of proposed comparable product request within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later. a. Form of Approval: As specified in Division 01 Section "Submittal Procedures." b. Use product specified if Engineer does not issue a decision on use of a comparable product request within time allocated. B. Basis-of-Design Product Specification Submittal: Comply with requirements in Division 01 Section "Submittal Procedures." Show compliance with requirements. 1.5 QUALITY ASSURANCE A. Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project, select product compatible with products previously selected, even if previously selected products were also options. f 1. Each contractor is responsible for providing products and construction methods compatible with products and construction methods of other �. contractors. 2. If a dispute arises between contractors over concurrently selectable but incompatible products, Engineer will determine which products shall be used. 1.6 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft and vandalism. Comply with manufacturer's written instructions. 01 6000 - 2 SECTION 01 6000 DIVISION 01 — GENERAL REQUIREMENTS PRODUCT REQUIREMENTS B. Delivery and Handling: 1. Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces. 2. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. 3. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. 4. Inspect products on delivery to determine compliance with the Contract Documents and to determine that products are undamaged and properly protected. C. Storage: 1. Store products to allow for inspection and measurement of quantity or counting of units. 2. Store materials in a manner that will not endanger Project structure. 3. Store products that are subject to damage by the elements, under cover in a weathertight enclosure above ground, with ventilation adequate to prevent condensation. 4. Store foam plastic from exposure to sunlight, except to extent necessary for period of installation and concealment. 5. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather-protection requirements for storage. 6. Protect stored products from damage and liquids from freezing. 7. Provide a secure location and enclosure at Project site for storage of materials and equipment by Owner's construction forces. Coordinate location with Owner. 1.7 PRODUCT WARRANTIES l A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve j Contractor of obligations under requirements of the Contract Documents. 1. Manufacturer's Warranty: Written warranty furnished by individual manufacturer for a particular product and specifically endorsed by manufacturer to Owner. 2. Special Warranty: Written warranty required by the Contract Documents to provide specific rights for Owner. B. Special Warranties: Prepare a written document that contains appropriate terms and identification, ready for execution. 1. Manufacturer's Standard Form: Modified to include Project-specific information and properly executed. 01 6000 - 3 _ i SECTION 01 6000 DIVISION 01 — GENERAL REQUIREMENTS PRODUCT REQUIREMENTS 2. Specified Form: When specified forms are included with the Specifications, prepare a written document using indicated form properly executed. 3. Refer to Divisions 02 through 49. Sections for specific content requirements and particular requirements for submitting special warranties. C. Submittal Time: Comply with requirements in Division 01 Section "Closeout Procedures." PART 2 - PRODUCTS I 2.1 PRODUCT SELECTION PROCEDURES A. General Product Requirements: Provide products that comply with the Contract Documents, are undamaged and, unless otherwise indicated, are new at time of installation. 1. Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation and indicated use and effect. 2. Standard Products: If available, and unless custom products or nonstandard options are specified, provide standard products of types that have been produced and used successfully in similar situations on other projects. 3. Owner reserves the right to limit selection to products with warranties not in conflict with requirements of the Contract Documents. 4. Where products are accompanied by the term "as selected," Engineer will make selection. 5. Descriptive, performance, and reference standard requirements in the Specifications establish salient characteristics of products. 6. Or Equal: For products specified by name and accompanied by the term "or equal," or "or approved equal," or "or approved," comply with requirements in "Comparable Products" Article to obtain approval for use of an unnamed product. B. Product Selection Procedures: 1. Product: Where Specifications name a single manufacturer and product, provide the named product that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered. 2. Manufacturer/Source: Where Specifications name a single manufacturer or source, provide a product by the named manufacturer or source that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered. 3. Products: 01 6000 - 4 SECTION 01 6000 DIVISION 01 — GENERAL REQUIREMENTS PRODUCT REQUIREMENTS a. Restricted List: Where Specifications include a list of names of both manufacturers and products, provide one of the products listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered, unless otherwise indicated. b. Nonrestricted List: Where Specifications include a list of names of both available manufacturers and products, provide one of the products listed, or an unnamed product, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product. 4. Manufacturers: a. Restricted List: Where Specifications include a list of manufacturers' names, provide a product by one of the manufacturers listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered, unless otherwise indicated. b. Nonrestricted List: Where Specifications include a list of available manufacturers, provide a product by one of the manufacturers listed, or a product by an unnamed manufacturer, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed manufacturer's product. 5. Basis-of-Design Product: Where Specifications name a product, or refer to a product indicated on Drawings, and include a list of manufacturers, provide the specified or indicated product or a comparable product by one of the other named manufacturers. Drawings and Specifications indicate sizes, profiles, dimensions, and other characteristics that are based on the product named. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product by one of the other named manufacturers. C. Visual Matching Specification: Where Specifications require "match Engineer's sample", provide a product that complies with requirements and matches Engineer's sample. Engineer's decision will be final on whether a proposed product matches. 1 1. If no product available within specified category matches and complies with other specified requirements, comply with requirements in Division 01 Section "Substitution Procedures" for proposal of product. D. Visual Selection Specification: Where Specifications include the phrase "as selected by Engineer from manufacturer's full range" or similar phrase, select a product that complies with requirements. Engineer will select color, gloss, pattern, density, or texture from manufacturer's product line that includes both standard and premium items. 1 1 01 6000 - 5 I _ 1 SECTION 01 6000 DIVISION 01 — GENERAL REQUIREMENTS PRODUCT REQUIREMENTS 2.2 COMPARABLE PRODUCTS A. Conditions for Consideration: Engineer will consider Contractor's request for comparable product when the following conditions are satisfied. If the following conditions are not satisfied, Engineer may return requests without action, ` except to record noncompliance with these requirements: I 1. Evidence that the proposed product does not require revisions to the Contract Documents, that it is consistent with the Contract Documents ` and will produce the indicated results, and that it is compatible with f other portions of the Work. 2. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant qualities include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. 3. Evidence that proposed product provides specified warranty. 4. List of similar installations for completed projects with project names and addresses and names and addresses of Engineers and owners, if requested. I 5. Samples, if requested. PART 3 - EXECUTION (Not Used) END OF SECTION 01 6000 . y 01 6000 - 6 SECTION 01 7300 DIVISION 01 — GENERAL REQUIREMENTS EXECUTION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes general administrative and procedural requirements governing execution of the Work including, but not limited to, the following: 1. Construction layout. 2. Field engineering and surveying. 3. Installation of the Work. 4. Cutting and patching. 5. Coordination of Owner-installed products. 6. Progress cleaning. 7. Starting and adjusting. 8. Protection of installed construction. 9. Correction of the Work. B. Related Sections: 1. Division 01 Section "Submittal Procedures" for submitting surveys. 2. Division 01 Section "Closeout Procedures" for submitting final property survey with Project Record Documents, recording of Owner-accepted deviations from indicated lines and levels, and final cleaning. 3. Division 02 Section "Selective Structure Demolition" for demolition and removal of selected portions of the building. 1.3 DEFINITIONS A. Cutting: Removal of in-place construction necessary to permit installation or performance of other work. I B. Patching: Fitting and repair work required to restore construction to original conditions after installation of other work. 1.4 INFORMATIONAL SUBMITTALS . l A. Cutting and Patching Plan: Submit plan describing procedures at least 10 days prior to the time cutting and patching will be performed. Include the following information: - 01 7300 - 1 SECTION 01 7300 DIVISION 01 — GENERAL REQUIREMENTS EXECUTION 1. Extent: Describe reason for and extent of each occurrence of cutting and patching. 2. Changes to In-Place Construction: Describe anticipated results. Include changes to structural elements and operating components as well as changes in building appearance and other significant visual elements. 3. Products: List products to be used for patching and firms or entities that will perform patching work. 4. Dates: Indicate when cutting and patching will be performed. 5. Utilities and Mechanical and Electrical Systems: List services and systems that cutting and patching procedures will disturb or affect. List services and systems that will be relocated and those that will be temporarily out of service. Indicate how long services and systems will be disrupted. B. Landfill Receipts: Submit copy of receipts issued by a landfill facility, licensed to accept hazardous materials, for hazardous waste disposal. 1.5 QUALITY ASSURANCE A. Land Surveyor Qualifications: A professional land surveyor who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing land-surveying services of the kind indicated. B. Cutting and Patching: Comply with requirements for and limitations on cutting and patching of construction elements. 1. Structural Elements: When cutting and patching structural elements, notify Engineer of locations and details of cutting and await directions from the Engineer before proceeding. Where indicated, shore, brace, and support structural element during cutting and patching. Do not cut I and patch structural elements in a manner that could change their load- carrying capacity or increase deflection. 2. Operational Elements: Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that results in increased maintenance or decreased operational life or safety. 3. Other Construction Elements: Do not cut and patch other construction elements or components in a manner that could change their load- carrying capacity, that results in reducing their capacity to perform as intended, or that results in increased maintenance or decreased operational life or safety. 4. Visual Elements: Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch exposed construction in a manner that would, in Engineer's opinion, reduce the building's aesthetic qualities. Remove and replace 01 7300 - 2 SECTION 01 7300 DIVISION 01 — GENERAL REQUIREMENTS EXECUTION construction that has been cut and patched in a visually unsatisfactory manner. C. Cutting and Patching Conference: Before proceeding, meet at Project site with parties involved in cutting and patching, including mechanical and electrical trades. Review areas of potential interference and conflict. Coordinate procedures and resolve potential conflicts before proceeding. D. Manufacturer's Installation Instructions: Obtain and maintain on-site manufacturer's written recommendations and instructions for installation of products and equipment. 1.6 WARRANTY A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during installation or cutting and patching operations, by methods and with materials so as not to void existing warranties. PART 2 - PRODUCTS 2.1 MATERIALS A. General: Comply with requirements specified in other Sections. 1. For projects requiring compliance with sustainable design and construction practices and procedures, utilize products for patching that comply with requirements of Division 01 Section "Sustainable Design Requirements." B. In-Place Materials: Use materials for patching identical to in-place materials. For exposed surfaces, use materials that visually match in-place adjacent surfaces to the fullest extent possible. 1. If identical materials are unavailable or cannot be used, use materials that, when installed, will provide a match acceptable to the Engineer for the visual and functional performance of in-place materials. PART 3 - EXECUTION 3.1 EXAMINATION 1 A. Existing Conditions: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence and location of 1 underground utilities, mechanical and electrical systems, and other construction affecting the Work. 01 7300 - 3 SECTION 01 7300 DIVISION 01 — GENERAL REQUIREMENTS EXECUTION 1. Before construction, verify the location and invert elevation at points of connection of sanitary sewer, storm sewer, and water-service piping; underground electrical services, and other utilities. 2. Furnish location data for work related to Project that must be performed by public utilities serving Project site. B. Examination and Acceptance of Conditions: Before proceeding with each component of the Work, examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. 1. Written Report: Where a written report listing conditions detrimental to performance of the Work is required by other Sections, include the following: i a. Description of the Work. I b. List of detrimental conditions, including substrates. C. List of unacceptable installation tolerances. I d. Recommended corrections. 2. Verify compatibility with and suitability of substrates, including I compatibility with existing finishes or primers. 3. Examine roughing-in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation. 4. Examine walls, floors, and roofs for suitable conditions where products 1 and systems are to be installed. J 5. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. 3.2 PREPARATION A. Existing Utility Information: Furnish information to local utility and Owner that is necessary to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction. B. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. C. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. D. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents caused by differing field conditions outside the control of the Contractor, submit a request 01 7300 - 4 SECTION 01 7300 DIVISION 01 — GENERAL REQUIREMENTS EXECUTION for information to Engineer according to requirements in Division 01 Section "Project Management and Coordination." 3.3 INSTALLATION A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. 1. Make vertical work plumb and make horizontal work level. 2. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. 3. Conceal pipes, ducts, and wiring in finished areas, unless otherwise indicated. B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. C. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion. D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy. j E. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels. M F. Templates: Obtain and distribute to the parties involved templates for work specified to be factory prepared and field installed. Check Shop Drawings of other work to confirm that adequate provisions are made for locating and installing products to comply with indicated requirements. G. Attachment: Provide blocking and attachment plates and anchors and a fasteners of adequate size and number to securely anchor each component in place, accurately located and aligned with other portions of the Work. Where size and type of attachments are not indicated, verify size and type required for load conditions. 1. Mounting Heights: Where mounting heights are not indicated, mount components at heights directed by Engineer. 2. Allow for building movement, including thermal expansion and contraction. 3. Coordinate installation of anchorages. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project Isite in time for installation. . l j 01 7300 - 5 1 SECTION 01 7300 DIVISION 01 — GENERAL REQUIREMENTS EXECUTION H. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints. I. Hazardous Materials: f 1. Use products, cleaners, and installation materials that are not I considered hazardous. 2. Based on the testing indicated in the Supplementary Conditions, it is not expected that asbestos or other hazardous materials will be encountered when dealing with existing elements within the building. 1 a. If materials suspected of containing hazardous materials are I encountered, do not disturb; immediately notify the Engineer and Owner. Owner will remove hazardous materials under a separate contract. 3.4 CUTTING AND PATCHING A. Cutting and Patching, General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay. 1. Cut in-place construction to provide for installation of other components I or performance of other construction, and subsequently patch as required to restore surfaces to their original condition. B. Temporary Support: Provide temporary support of work to be cut. C. Protection: Protect in-place construction during cutting and patching to prevent r damage. Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations. D. Adjacent Occupied Areas: Where interference with use of adjoining areas or interruption of free passage to adjoining areas is unavoidable, coordinate cutting and patching in accordance with requirements of Division 01 Section "Summary." E. Existing Utility Services and Mechanical/Electrical Systems: Where existing services/systems are required to be removed, relocated, or abandoned, bypass such services/systems before cutting to prevent interruption to occupied areas. F. Cutting: Cut in-place construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations. 01 7300 - 6 SECTION 01 7300 DIVISION 01 — GENERAL REQUIREMENTS EXECUTION 1. In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots neatly to minimum size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. 2. Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces. 3. Concrete and Masonry: Cut using a cutting machine, such as an abrasive saw or a diamond-core drill. 4. Excavating and Backfilling: Where cutting and patching operations are required, comply with requirements of Montana Public Works Standard Specifications (MPWSS), Fifth Edition, March 2003 and 2006 Addendum, subject to the modifications and additions provided in the City of Bozeman Modifications to Montana Public Works Standard Specifications, Fifth Edition, dated March 2004 and Addendums 1,2 & 3. 5. Mechanical and Electrical Services: Cut off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after cutting. 6. Proceed with patching after construction operations requiring cutting are complete. G. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations following performance of other work. Patch with durable seams that are as invisible as practicable. Provide materials and comply with installation requirements specified in other Sections, where applicable. 1. Inspection: Where feasible, test and inspect patched areas after completion to demonstrate physical integrity of installation. 2. Exposed Finishes: Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will minimize evidence of patching and refinishing. a. Clean piping, conduit, and similar features before applying paint or other finishing materials. b. Restore damaged pipe covering to its original condition. 3. Floors and Walls: Where walls or partitions that are removed extend one finished area into another, patch and repair floor and wall surfaces in the new space. Provide an even surface of uniform finish, color, texture, and appearance. Remove in-place floor and wall coverings and replace with new materials, if necessary, to achieve uniform color and appearance. Ia. Where patching occurs in a painted surface, prepare substrate and apply primer and intermediate paint coats appropriate for substrate over the patch, and apply final paint coat over entire unbroken surface containing the patch. Provide additional coats until patch blends with adjacent surfaces. 4. Ceilings: Patch, repair, or rehang in-place ceilings as necessary to provide an even-plane surface of uniform appearance. 01 7300 - 7 SECTION 01 7300 DIVISION 01 — GENERAL REQUIREMENTS EXECUTION 5. Exterior Building Enclosure: Patch components in a manner that restores enclosure to a weathertight condition. H. Cleaning: Clean areas and spaces where cutting and patching are performed. Remove paint, mortar, oils, putty, and similar materials from adjacent finished i surfaces. I 3.5 OWNER-INSTALLED PRODUCTS A. Site Access: Provide access to Project site for Owner's construction personnel. B. Coordination: Coordinate construction and operations of the Work with work M performed by Owner's construction personnel. 1. Construction Schedule: Inform Owner of Contractor's preferred construction schedule for Owner's portion of the Work. Adjust I construction schedule based on a mutually agreeable timetable. Notify Owner if changes to schedule are required due to differences in actual construction progress. 3.6 PROGRESS CLEANING A. General: Clean Project site and work areas daily, including common areas. Enforce requirements strictly. Dispose of materials lawfully. 1. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris. 2. Do not hold waste materials more than seven days during normal weather or three days if the temperature is expected to rise above 80 deg F (27 deg C). 3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. a. Utilize containers intended for holding waste materials of type to be stored. 4. Coordinate progress cleaning for joint-use areas where more than one installer has worked. B. Site: Maintain Project site free of waste materials and debris. C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. R 1. Remove liquid spills promptly. 2. Where dust would impair proper execution of the Work, broom-clean or vacuum the entire work area, as appropriate. 01 7300 - 8 SECTION 01 7300 DIVISION 01 — GENERAL REQUIREMENTS EXECUTION D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space. F. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion. G. Waste Disposal: Do not bury or burn waste materials on-site. Do not wash waste materials down sewers or into waterways. Comply with waste disposal requirements in Division 01 Section "Temporary Facilities and Controls". H. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. I. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. J. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. 3.7 STARTING AND ADJUSTING A. Coordinate startup and adjusting of equipment and operating components with appropriate requirements in Division 26 Sections. B. Start equipment and operating components to confirm proper operation. Remove malfunctioning units, replace with new units, and retest. C. Adjust equipment for proper operation. Adjust operating components for proper operation without binding. D. Test each piece of equipment to verify proper operation. Test and adjust { controls and safeties. Replace damaged and malfunctioning controls and 1 equipment. E. Manufacturer's Field Service: Comply with qualification requirements in Division 01 Section "Quality Requirements." I01 7300 - 9 1 SECTION 01 7300 DIVISION 01 — GENERAL REQUIREMENTS EXECUTION 3.8 PROTECTION OF INSTALLED AND EXISTING CONSTRUCTION l A. Provide final protection and maintain conditions that ensure installed Work and existing construction is without damage or deterioration at time of Substantial Completion. B. Comply with manufacturer's written instructions for temperature and relative humidity. i I 3.9 CORRECTION OF THE WORK A. Repair or remove and replace defective construction. Restore damaged substrates and finishes. 1. Repairing includes replacing defective parts, refinishing damaged I surfaces, touching up with matching materials, and properly adjusting operating equipment. B. Restore permanent facilities used during construction to their specified condition. C. Remove and replace damaged surfaces that are exposed to view if surfaces I cannot be repaired without visible evidence of repair. I D. Repair components that do not operate properly. Remove and replace operating components that cannot be repaired. e E. Remove and replace chipped, scratched, and broken glass or reflective surfaces. END OF SECTION 01 7300 01 7300 - 10 SECTION 01 7700 DIVISION 01 — GENERAL REQUIREMENTS CLOSEOUT PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY t A. Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Substantial Completion procedures. 2. Final completion procedures. 3. Warranties. 4. Final cleaning. B. Related Sections: 1. Division 01 Section "Execution"for progress cleaning of Project site. 2. Division 01 Section "Operation and Maintenance Data" for operation and maintenance manual requirements. 3. Division 01 Section "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. 4. Division 01 Section "Demonstration and Training" for requirements for instructing Owner's personnel. 5. Divisions 02 through 49 Sections for specific closeout and special cleaning requirements for the Work in those Sections. 1.3 SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, complete the following. List items below that are incomplete with request. 1. Prepare a list of items to be completed and corrected (punch list), the value of items on the list, and reasons why the Work is not complete. 2. Advise Owner of pending insurance changeover requirements. 3. Submit specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 4. Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5. Prepare and submit Project Record Documents, operation and maintenance manuals, final completion construction photographic 01 7700 - 1 1 SECTION 01 7700 DIVISION 01 — GENERAL REQUIREMENTS CLOSEOUT PROCEDURES documentation, damage or settlement surveys, property surveys, and similar final record information. 6. Deliver tools, spare parts, extra materials, and similar items to location designated by Owner. Label with manufacturer's name and model number where applicable. 7. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's personnel of changeover in security provisions. 8. Complete startup testing of systems. 9. Submit test/adjust/balance records. 10. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. 11. Advise Owner of changeover in heat and other utilities. 12. Submit changeover information related to Owner's occupancy, use, operation, and maintenance. 13. Complete final cleaning requirements, including touchup painting. 14. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. B. Inspection: Submit a written request for inspection for Substantial Completion. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Engineer, that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 2. Results of completed inspection will form the basis of requirements for final completion. 1.4 FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining final completion, complete the following: 1. Submit a final Application for Payment according to Division 01 Section "Payment Procedures." 2. Submit certified copy of Engineer's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Engineer. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 3. Submit evidence of final, continuing insurance coverage complying with I insurance requirements. 4. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare a final Certificate 01 7700 - 2 1 SECTION 01 7700 DIVISION 01 — GENERAL REQUIREMENTS CLOSEOUT PROCEDURES for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 1.5 LIST OF INCOMPLETE ITEMS (PUNCH LIST) A. Organization of List: Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. 1. Organize list of spaces in sequential order. 2. Organize items applying to each space by major element, including categories for ceiling, individual walls, floors, equipment, and building systems. 3. Include the following information at the top of each page: a. Project name. b. Date. C. Name of Engineer. d. Name of Contractor. e. Page number. 4. Submit list of incomplete items in the following format: a. PDF electronic file. 1.6 WARRANTIES A. Submittal Time: Submit written warranties on request of Engineer for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated. B. Partial Occupancy: Submit properly executed warranties within 7 days of completion of designated portions of the Work that are completed and occupied or used by Owner during construction period by separate agreement with Contractor. C. Organize warranty documents into an orderly sequence based on the table of contents of the Project Manual. 1. Bind warranties and bonds in heavy-duty, three-ring, vinyl-covered, loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8-1/2-by-1 1-inch (215-by-280-mm) paper. 2. Provide heavy paper dividers with plastic-covered tabs for each separate warranty. Mark tab to identify the product or installation. + j Provide a typed description of the product or installation, including the j 01 7700 - 3 l SECTION 01 7700 DIVISION 01 — GENERAL REQUIREMENTS CLOSEOUT PROCEDURES name of the product and the name, address, and telephone number of Installer. ^� 3. Identify each binder on the front and spine with the typed or printed title "WARRANTIES," Project name, and name of Contractor. 4. Scan warranties and bonds and assemble complete warranty and bond '1 submittal package into a single indexed electronic PDF file with links I enabling navigation to each item. Provide table of contents at beginning of document. D. Provide additional copies of each warranty to include in operation and maintenance manuals. E. On or about the one year anniversary of final project completion, the CONTRACTOR shall contact OWNER and provide a walk-through with the OWNER to identify and address any workmanship/warranty issues that may require attention. The CONTRACTOR shall remedy any such issues identified in this walk-through as part of CONTRACTOR's standard warranty obligations. F. The CONTRACTOR shall warranty any maintenance and/or repairs on the systems installed under these contract documents for a period of two 2 years from the date of substantial completion. This warranty includes all parts, labor, and expenses to correct deficiencies in the work and installed equipment outside of scheduled, normal maintenance requirements that are detailed in the Operation and Maintenance Manual for the project, i.e. replacement of belts, filters, light bulbs, etc. Other warranty requirements specific to particular items of work may be included in other Division 02 through 49 sections. Comply with those special warranty requirements accordingly. M G. The CONTRACTOR shall provide the owner with complete Operation and Maintenance Manuals as outlined in other Division 01 sections and provide training for the OWNER'S maintenance staff in the proper operation and care for systems installed under these contract documents. PART 2 - PRODUCTS 2.1 MATERIALS A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. 01 7700 -4 SECTION 01 7700 DIVISION 01 — GENERAL REQUIREMENTS CLOSEOUT PROCEDURES PART 3 - EXECUTION 3.1 FINAL CLEANING A. General: Perform final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a portion of Project: a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances. b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits. C. Rake grounds that are neither planted nor paved to a smooth, even-textured surface. I d. Remove tools, construction equipment, machinery, and surplus material from Project site. e. Remove snow and ice to provide safe access to building. f. Clean exposed exterior and interior hard-surfaced finishes to a dirt-free condition, free of stains, films, and similar foreign ` substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition. g. Remove debris and surface dust from limited access spaces, including roofs, plenums, shafts, trenches, equipment vaults, manholes, attics, and similar spaces. h. Sweep concrete floors broom clean in unoccupied spaces. i. Vacuum carpet and similar soft surfaces, removing debris and excess nap; shampoo if visible soil or stains remain. j. Clean transparent materials, including mirrors and glass in doors and windows. Remove glazing compounds and other noticeable, vision-obscuring materials. Replace chipped or broken glass and other damaged transparent materials. Polish mirrors and glass, taking care not to scratch surfaces. k. Remove labels that are not permanent. I. Touch up and otherwise repair and restore marred, exposed I finishes and surfaces. Replace finishes and surfaces that cannot be satisfactorily repaired or restored or that already show evidence of repair or restoration. 1 01 7700 - 5 1 - SECTION 01 7700 DIVISION 01 — GENERAL REQUIREMENTS CLOSEOUT PROCEDURES 1) Do not paint over "UL" and other required labels and identification, including mechanical and electrical nameplates. M. Wipe surfaces of mechanical, electrical, and similar equipment. Remove excess lubrication, paint and mortar droppings, and other foreign substances. n. Replace parts subject to operating conditions during construction that may impede operation or reduce longevity. o. Clean plumbing fixtures to a sanitary condition, free of stains, including stains resulting from water exposure. P. Replace disposable air filters and clean permanent air filters. Clean exposed surfaces of diffusers, registers, and grills. q. Clean ducts, blowers, and coils if units were operated without filters during construction or that display contamination with particulate matter upon inspection. r. Clean light fixtures, lamps, globes, and reflectors to function with full efficiency. Replace burned-out bulbs, and those noticeably dimmed by hours of use, and defective and noisy starters in fluorescent and mercury vapor fixtures to comply with requirements for new fixtures. S. Leave Project clean and ready for occupancy. C. Construction Waste Disposal: Comply with waste disposal requirements in Division 01 Section "Temporary Facilities and Controls." END OF SECTION 017700 01 7700 - 6 SECTION 01 7823 OPERATION AND DIVISION 01 — GENERAL REQUIREMENTS MAINTENANCE DATA PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for preparing operation and maintenance manuals, including the following: 1. Operation and maintenance documentation directory. 2. Emergency manuals. 3. Operation manuals for systems, subsystems, and equipment. 4. Product maintenance manuals. 5. Systems and equipment maintenance manuals. B. Related Sections: 1. Division 01 Section "Multiple Contract Summary" for coordinating operation and maintenance manuals covering the Work of multiple contracts. 2. Division 01 Section "Submittal Procedures" for submitting copies of submittals for operation and maintenance manuals. 3. Division 01 Section "General Commissioning Requirements" for verification and compilation of data into operation and maintenance manuals. 4. Divisions 02 through 49 Sections for specific operation and maintenance manual requirements for the Work in those Sections. 1.3 DEFINITIONS A. System: An organized collection of parts, equipment, or subsystems united by regular interaction. B. Subsystem: A portion of a system with characteristics similar to a system. 1.4 CLOSEOUT SUBMITTALS A. Manual Content: Operations and maintenance manual content is specified in individual specification sections to be reviewed at the time of Section 01 7823 - 1 SECTION 01 7823 OPERATION AND DIVISION 01 — GENERAL REQUIREMENTS MAINTENANCE DATA submittals. Submit reviewed manual content formatted and organized as required by this Section. 1. Where applicable, clarify and update reviewed manual content to correspond to modifications and field conditions. B. Format: Submit operations and maintenance manuals in both the following formats: 1. PDF electronic file. Assemble each manual into a composite electronically-indexed file. Submit on digital media acceptable to Engineer. a. Name each indexed document file in composite electronic index with applicable item name. Include a complete electronically- linked operation and maintenance directory. b. Enable inserted reviewer comments on draft submittals. 2. Three paper copies. Include a complete operation and maintenance I directory. Enclose title pages and directories in clear plastic sleeves. Engineer will return two copies. C. Initial Manual Submittal: Submit draft copy of each manual at least 10 days before commencing demonstration and training. Engineer will comment on whether general scope and content of manual are acceptable. D. Final Manual Submittal: Submit each manual in final form prior to requesting inspection for Substantial Completion and at least 5 days before commencing demonstration and training. Engineer will return copy with comments. 1. Correct or modify each manual to comply with Engineer's comments. Submit copies of each corrected manual within 5 days of receipt of Engineer's comments and prior to commencing demonstration and training. PART2 - PRODUCTS 2.1 OPERATION AND MAINTENANCE DOCUMENTATION DIRECTORY A. Organization: Include a section in the directory for each of the following: -•• 1. List of documents. 2. List of systems. 3. List of equipment. 4. Table of contents. 01 7823 - 2 SECTION 01 7823 OPERATION AND DIVISION 01 — GENERAL REQUIREMENTS MAINTENANCE DATA B. List of Systems and Subsystems: List systems alphabetically. Include references to operation and maintenance manuals that contain information about each system. C. List of Equipment: List equipment for each system, organized alphabetically by system. For pieces of equipment not part of system, list alphabetically in separate list. D. Tables of Contents: Include a table of contents for each emergency, operation, and maintenance manual. E. Identification: In the documentation directory and in each operation and maintenance manual, identify each system, subsystem, and piece of equipment with same designation used in the Contract Documents. If no designation exists, assign a designation according to ASHRAE Guideline 4, "Preparation of Operating and Maintenance Documentation for Building Systems." 2.2 REQUIREMENTS FOR OPERATION AND MAINTENANCE MANUALS A. Organization: Unless otherwise indicated, organize each manual into a separate section for each system and subsystem, and a separate section for each piece of equipment not part of a system. Each manual shall contain the following materials, in the order listed: 1. Title page. 2. Table of contents. 3. Manual contents. B. Title Page: Include the following information: 1. Subject matter included in manual. 2. Name and address of Project. 3. Name and address of Owner. 4. Date of submittal. 5. Name and contact information for Contractor. 6. Name and contact information for Construction Manager. 7. Name and contact information for Engineer. 8. Name and contact information for Commissioning Agent. 9. Names and contact information for major consultants to the Engineer that designed the systems contained in the manuals. 10. Cross-reference to related systems in other operation and maintenance manuals. C. Table of Contents: List each product included in manual, identified by product name, indexed to the content of the volume, and cross-referenced to Specification Section number in Project Manual. 01 7823 - 3 SECTION 01 7823 OPERATION AND DIVISION 01 — GENERAL REQUIREMENTS MAINTENANCE DATA 1. If operation or maintenance documentation requires more than one volume to accommodate data, include comprehensive table of contents for all volumes in each volume of the set. D. Manual Contents: Organize into sets of manageable size. Arrange contents alphabetically by system, subsystem, and equipment. If possible, assemble instructions for subsystems, equipment, and components of one system into a single binder. I E. Manuals, Electronic Files: Submit manuals in the form of a multiple file composite electronic PDF file for each manual type required. 1. Electronic Files: Use electronic files prepared by manufacturer where available. Where scanning of paper documents is required, configure I scanned file for minimum readable file size. 2. File Names and Bookmarks: Enable bookmarking of individual documents based upon file names. Name document files to correspond to system, subsystem, and equipment names used in manual directory and table of contents. Group documents for each system and subsystem into individual composite bookmarked files, then create composite manual, so that resulting bookmarks reflect the system, subsystem, and equipment names in a readily navigated file tree. Configure electronic manual to display bookmark panel upon opening file. I F. Manuals, Paper Copy: Submit manuals in the form of hard copy, bound and labeled volumes. 1. Binders: Heavy-duty, three-ring, vinyl-covered, loose-leaf binders, in thickness necessary to accommodate contents, sized to hold 8-1/2-by- 11-inch (215-by-280-mm) paper; with clear plastic sleeve on spine to hold label describing contents and with pockets inside covers to hold folded oversize sheets. a. If two or more binders are necessary to accommodate data of a system, organize data in each binder into groupings by subsystem and related components. Cross-reference other binders if necessary to provide essential information for proper operation or maintenance of equipment or system. b. Identify each binder on front and spine, with printed title "OPERATION AND MAINTENANCE MANUAL," Project title or name, and subject matter of contents. Indicate volume number for multiple-volume sets. 2. Dividers: Heavy-paper dividers with plastic-covered tabs for each section of the manual. Mark each tab to indicate contents. Include typed list of products and major components of equipment included in the section on each divider, cross-referenced to Specification Section number and title of Project Manual. 01 7823 -4 SECTION 01 7823 OPERATION AND DIVISION 01 — GENERAL REQUIREMENTS MAINTENANCE DATA 3. Protective Plastic Sleeves: Transparent plastic sleeves designed to enclose diagnostic software storage media for computerized electronic equipment. 4. Supplementary Text: Prepared on 8-1/2-by-1 1-inch (215-by-280-mm) white bond paper. 5. Drawings: Attach reinforced, punched binder tabs on drawings and bind with text. a. If oversize drawings are necessary, fold drawings to same size as text pages and use as foldouts. b. If drawings are too large to be used as foldouts, fold and place drawings in labeled envelopes and bind envelopes in rear of manual. At appropriate locations in manual, insert typewritten pages indicating drawing titles, descriptions of contents, and drawing locations. 2.3 OPERATION MANUALS A. Content: In addition to requirements in this Section, include operation data required in individual Specification Sections and the following information: 1. System, subsystem, and equipment descriptions. Use designations for systems and equipment indicated on Contract Documents. 2. Performance and design criteria if Contractor is delegated design responsibility. 3. Operating standards. 4. Operating procedures. 5. Operating logs. 6. Wiring diagrams. 7. Control diagrams. 8. Piped system diagrams. 9. Precautions against improper use. 10. License requirements including inspection and renewal dates. B. Descriptions: Include the following: 1. Product name and model number. Use designations for products indicated on Contract Documents. 2. Manufacturer's name. 3. Equipment identification with serial number of each component. 4. Equipment function. 5. Operating characteristics. 6. Limiting conditions. 7. Performance curves. 8. Engineering data and tests. 9. Complete nomenclature and number of replacement parts. C. Operating Procedures: Include the following, as applicable: 01 7823 - 5 SECTION 01 7823 OPERATION AND DIVISION 01 — GENERAL REQUIREMENTS MAINTENANCE DATA 1. Startup procedures. 2. Equipment or system break-in procedures. 3. Routine and normal operating instructions. 4. Regulation and control procedures. 5. Instructions on stopping. 6. Normal shutdown instructions. 7. Seasonal and weekend operating instructions. 8. Required sequences for electric or electronic systems. 9. Special operating instructions and procedures. D. Systems and Equipment Controls: Describe the sequence of operation, and diagram controls as installed. E. Piped Systems: Diagram piping as installed, and identify color-coding where required for identification. 2.4 PRODUCT MAINTENANCE MANUALS A. Content: Organize manual into a separate section for each product, material, and finish. Include source information, product information, maintenance procedures, repair materials and sources, and warranties and bonds, as described below. B. Source Information: List each product included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference Specification Section number and title in Project Manual and drawing or schedule designation or identifier where applicable. C. Product Information: Include the following, as applicable: 1. Product name and model number. 2. Manufacturer's name. 3. Color, pattern, and texture. 4. Material and chemical composition. 5. Reordering information for specially manufactured products. D. Maintenance Procedures: Include manufacturer's written recommendations and the following: 1. Inspection procedures. 2. Types of cleaning agents to be used and methods of cleaning. 3. List of cleaning agents and methods of cleaning detrimental to product. 4. Schedule for routine cleaning and maintenance. 5. Repair instructions. E. Repair Materials and Sources: Include lists of materials and local sources of materials and related services. 01 7823 - 6 SECTION 01 7823 OPERATION AND DIVISION 01 — GENERAL REQUIREMENTS MAINTENANCE DATA F. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. 1. Include procedures to follow and required notifications for warranty claims. 2.5 SYSTEMS AND EQUIPMENT MAINTENANCE MANUALS A. Content: For each system, subsystem, and piece of equipment not part of a system, include source information, manufacturers' maintenance documentation, maintenance procedures, maintenance and service schedules, spare parts list and source information, maintenance service contracts, and warranty and bond information, as described below. B. Source Information: List each system, subsystem, and piece of equipment included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference Specification Section number and title in Project Manual and drawing or schedule designation or identifier where applicable. C. Manufacturers' Maintenance Documentation: Manufacturers' maintenance documentation including the following information for each component part or piece of equipment: 1. Standard maintenance instructions and bulletins. 2. Drawings, diagrams, and instructions required for maintenance, including disassembly and component removal, replacement, and assembly. 3. Identification and nomenclature of parts and components. 4. List of items recommended to be stocked as spare parts. D. Maintenance Procedures: Include the following information and items that detail essential maintenance procedures: 1. Test and inspection instructions. 2. Troubleshooting guide. 3. Precautions against improper maintenance. 4. Disassembly; component removal, repair, and replacement; and reassembly instructions. 5. Aligning, adjusting, and checking instructions. 6. Demonstration and training video recording, if available. E. Maintenance and Service Schedules: Include service and lubrication requirements, list of required lubricants for equipment, and separate schedules for preventive and routine maintenance and service with standard time allotment. 01 7823 - 7 SECTION 01 7823 OPERATION AND DIVISION 01 — GENERAL REQUIREMENTS MAINTENANCE DATA 1. Scheduled Maintenance and Service: Tabulate actions for daily, weekly, monthly, quarterly, semiannual, and annual frequencies. 2. Maintenance and Service Record: Include manufacturers' forms for recording maintenance. F. Spare Parts List and Source Information: Include lists of replacement and repair parts, with parts identified and cross-referenced to manufacturers' maintenance documentation and local sources of maintenance materials and related services. G. Maintenance Service Contracts: Include copies of maintenance agreements with name and telephone number of service agent. H. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. 1. Include procedures to follow and required notifications for warranty claims. I PART 3 - EXECUTION I 3.1 MANUAL PREPARATION l A. Operation and Maintenance Documentation Directory: Prepare a separate 1 manual that provides an organized reference to emergency, operation, and maintenance manuals. M B. Product Maintenance Manual: Assemble a complete set of maintenance data indicating care and maintenance of each product, material, and finish incorporated into the Work. C. Operation and Maintenance Manuals: Assemble a complete set of operation and maintenance data indicating operation and maintenance of each system, subsystem, and piece of equipment not part of a system. 1. Engage a factory-authorized service representative to assemble and 1 prepare information for each system, subsystem, and piece of equipment not part of a system. 2. Prepare a separate manual for each system and subsystem, in the form of an instructional manual for use by Owner's operating personnel. D. Manufacturers' Data: Where manuals contain manufacturers' standard printed data, include only sheets pertinent to product or component installed. Mark each sheet to identify each product or component incorporated into the Work. If data include more than one item in a tabular format, identify each item using appropriate references from the Contract Documents. Identify data applicable to the Work and delete references to information not applicable. 01 7823 - 8 SECTION 01 7823 OPERATION AND DIVISION 01 — GENERAL REQUIREMENTS MAINTENANCE DATA 1. Prepare supplementary text if manufacturers' standard printed data are not available and where the information is necessary for proper operation and maintenance of equipment or systems. E. Drawings: Prepare drawings supplementing manufacturers' printed data to illustrate the relationship of component parts of equipment and systems and to illustrate control sequence and flow diagrams. Coordinate these drawings with information contained in record Drawings to ensure correct illustration of completed installation. 1. Do not use original project record documents as part of operation and maintenance manuals. 2. Comply with requirements of newly prepared record Drawings in Division 01 Section "Project Record Documents." F. Comply with Division 01 Section "Closeout Procedures" for schedule for submitting operation and maintenance documentation. END OF SECTION 01 7823 01 7823 - 9 SECTION 01 7839 PROJECT DIVISION 01 —GENERAL REQUIREMENTS RECORD DOCUMENTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for project record documents, including the following: 1. Record Drawings. 2. Record Specifications. 3. Record Product Data. 4. Miscellaneous record submittals. B. Related Sections: 1. Division 01 Section "Multiple Contract Summary" for coordinating project record documents covering the Work of multiple contracts. 2. Division 01 Section "Execution" for final property survey. 3. Division 01 Section "Closeout Procedures" for general closeout procedures. 4. Division 01 Section "Operation and Maintenance Data" for operation and maintenance manual requirements. 5. Divisions 02 through 49 Sections for specific requirements for project record documents of the Work in those Sections. 1.3 CLOSEOUT SUBMITTALS A. Record Drawings: Comply with the following: 1. Number of Copies: Submit one set(s) of marked-up record prints. B. Record Specifications: Submit one paper copy of Project's Specifications, including addenda and contract modifications. C. Record Product Data: Submit one paper copy of each submittal. 1. Where record Product Data are required as part of operation and maintenance manuals, submit duplicate marked-up Product Data as a component of manual. 01 7839 - 1 SECTION 01 7839 PROJECT DIVISION 01 — GENERAL REQUIREMENTS RECORD DOCUMENTS D. Miscellaneous Record Submittals: Refer to other Specification Sections for miscellaneous record-keeping requirements and submittals in connection with various construction activities. Submit one paper copy of each submittal. PART 2 - PRODUCTS 2.1 RECORD DRAWINGS A. Record Prints: Maintain one set of marked-up paper copies of the Contract l Drawings and Shop Drawings. I 1. Preparation: Mark record prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor, or similar entity, to provide information for preparation of corresponding marked-up record prints. a. Give particular attention to information on concealed elements that would be difficult to identify or measure and record later. b. Accurately record information in an acceptable drawing technique. C. Record data as soon as possible after obtaining it. d. Record and check the markup before enclosing concealed ` installations. J e. Cross-reference record prints to corresponding archive photographic documentation. 2. Content: Types of items requiring marking include, but are not limited to, the following: a. Dimensional changes to Drawings. b. Revisions to details shown on Drawings. C. Depths of foundations below first floor. d. Locations and depths of underground utilities. e. Revisions to routing of piping and conduits. f. Revisions to electrical circuitry. g. Actual equipment locations. h. Duct size and routing. i. Locations of concealed internal utilities. j. Changes made by Change Order or Work Change Directive. - k. Changes made following Engineer's written orders. I. Details not on the original Contract Drawings. M. Field records for variable and concealed conditions. n. Record information on the Work that is shown only schematically. 01 7839 - 2 SECTION 01 7839 PROJECT DIVISION 01 — GENERAL REQUIREMENTS RECORD DOCUMENTS 3. Mark the Contract Drawings and Shop Drawings completely and accurately. Utilize personnel proficient at recording graphic information in production of marked-up record prints. 4. Mark record sets with erasable, red-colored pencil. Use other colors to distinguish between changes for different categories of the Work at same location. 5. Mark important additional information that was either shown schematically or omitted from original Drawings. 6. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable. 2.2 RECORD SPECIFICATIONS iA. Preparation: Mark Specifications to indicate the actual product installation where installation varies from that indicated in Specifications, addenda, and contract modifications. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Mark copy with the proprietary name and model number of products, materials, and equipment furnished, including substitutions and product options selected. ` 3. Record the name of manufacturer, supplier, Installer, and other Iinformation necessary to provide a record of selections made. 4. For each principal product, indicate whether record Product Data has been submitted in operation and maintenance manuals instead of I submitted as record Product Data, 5. Note related Change Orders, record Product Data, and record Drawings where applicable. 2.3 RECORD PRODUCT DATA IA. Preparation: Mark Product Data to indicate the actual product installation where installation varies substantially from that indicated in Product Data submittal. I1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Include significant changes in the product delivered to Project site and changes in manufacturer's written instructions for installation. 3. Note related Change Orders, record Specifications, and record Drawings where applicable. 2.4 MISCELLANEOUS RECORD SUBMITTALS A. Assemble miscellaneous records required by other Specification Sections for miscellaneous record keeping and submittal in connection with actual 01 7839 - 3 SECTION 01 7839 PROJECT DIVISION 01 — GENERAL REQUIREMENTS RECORD DOCUMENTS performance of the Work: Bind or file miscellaneous records and identify each, ready for continued use and reference. PART 3 - EXECUTION 3.1 RECORDING AND MAINTENANCE A. Recording: Maintain one copy of each submittal during the construction period for project record document purposes. Post changes and modifications to project record documents as they occur; do not wait until the end of Project. B. Maintenance of Record Documents and Samples: Store record documents and Samples in the field office apart from the Contract Documents used for construction. Do not use project record documents for construction purposes. Maintain record documents in good order and in a clean, dry, legible condition, protected from deterioration and loss. Provide access to project record ` documents for Engineer's reference during normal working hours. I END OF SECTION 01 7839 l . y . I 01 7839 - 4 SECTION 01 7900 DEMONSTRATION DIVISION 01 — GENERAL REQUIREMENTS AND TRAINING PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for instructing Owner's personnel, including the following: 1. Demonstration of operation of systems, subsystems, and equipment. 2. Training in operation and maintenance of systems, subsystems, and equipment. 3. Demonstration and training video recordings. B. Related Sections: 1. Divisions 02 through 49 Sections for specific requirements for demonstration and training for products in those Sections. 1.3 INFORMATIONAL SUBMITTALS A. Instruction Program: Submit outline of instructional program for demonstration and training, including a list of training modules and a schedule of proposed dates, times, length of instruction time, and instructors' names for each training module. Include learning objective and outline for each training module. 1. Indicate proposed training modules utilizing manufacturer-produced demonstration and training video recordings for systems, equipment, and products in lieu of video recording of live instructional module. . I 1.4 COORDINATION A. Coordinate instruction schedule with Owner's operations. Adjust schedule as ` required to minimize disrupting Owner's operations. B. Coordinate instructors, including providing notification of dates, times, length of instruction time, and course content. C. Coordinate content of training modules with content of approved emergency, operation, and maintenance manuals. Do not submit instruction program until _ . 01 7900- 1 SECTION 01 7900 DEMONSTRATION DIVISION 01 — GENERAL REQUIREMENTS AND TRAINING operation and maintenance data has been reviewed and approved by Engineer. PART 2 - PRODUCTS 2.1 INSTRUCTION PROGRAM A. Program Structure: Develop an instruction program that includes individual training modules for each system and for equipment not part of a system, as l required by individual Specification Sections. I B. Training Modules: Develop a learning objective and teaching outline for each module. Include a description of specific skills and knowledge that participant is expected to master. For each module, include instruction for the following as applicable to the system, equipment, or component: 1. Basis of System Design, Operational Requirements, and Criteria: Include the following: a. System, subsystem, and equipment descriptions. l b. Performance and design criteria if Contractor is delegated design responsibility. C. Operating standards. I d. Regulatory requirements. e. Equipment function. f. Operating characteristics. I g. Limiting conditions. h. Performance curves. 2. Documentation: Review the following items in detail: I a. Emergency manuals. 1 b. Operations manuals. C. Maintenance manuals. d. Project record documents. e. Identification systems. f. Warranties and bonds. g. Maintenance service agreements and similar continuing commitments. 3. Emergencies: Include the following, as applicable: I a. Instructions on meaning of warnings, trouble indications, and error messages. b. Instructions on stopping. C. Shutdown instructions for each type of emergency. d. Operating instructions for conditions outside of normal operating limits. 01 7900 - 2 SECTION 01 7900 DEMONSTRATION DIVISION 01 — GENERAL REQUIREMENTS AND TRAINING e. Sequences for electric or electronic systems. f. Special operating instructions and procedures. 4. Operations: Include the following, as applicable: a. Startup procedures. b. Equipment or system break-in procedures. C. Routine and normal operating instructions. d. Regulation and control procedures. e. Control sequences. f. Safety procedures. g. Instructions on stopping. h. Normal shutdown instructions. i. Operating procedures for emergencies. j. Operating procedures for system, subsystem, or equipment failure. k. Seasonal and weekend operating instructions. I. Required sequences for electric or electronic systems. m. Special operating instructions and procedures. 5. Adjustments: Include the following: a. Alignments. b. Checking adjustments. C. Noise and vibration adjustments. d. Economy and efficiency adjustments. 6. Troubleshooting: Include the following: a. Diagnostic instructions. b. Test and inspection procedures. 7. Maintenance: Include the following: a. Inspection procedures. b. Types of cleaning agents to be used and methods of cleaning. C. List of cleaning agents and methods of cleaning detrimental to product. d. Procedures for routine cleaning e. Procedures for preventive maintenance. f. Procedures for routine maintenance. g. Instruction on use of special tools. 8. Repairs: Include the following: a. Diagnosis instructions. b. Repair instructions. C. Disassembly; component removal, repair, and replacement; and reassembly instructions. d. Instructions for identifying parts and components. 01 7900 - 3 SECTION 01 7900 DEMONSTRATION DIVISION 01 — GENERAL REQUIREMENTS AND TRAINING e. Review of spare parts needed for operation and maintenance. PART 3 - EXECUTION 3.1 PREPARATION A. Assemble educational materials necessary for instruction, including documentation and training module. Assemble training modules into a training manual organized in coordination with requirements in Division 01 Section "Operations and Maintenance Data." B. Set up instructional equipment at instruction location. 3.2 INSTRUCTION A. Facilitator: Engage a qualified facilitator to prepare instruction program and f training modules, to coordinate instructors, and to coordinate between Contractor and Owner for number of participants, instruction times, and location. B. Engage qualified instructors to instruct Owner's personnel to adjust, operate, and maintain systems, subsystems, and equipment not part of a system. ` 1. Engineer will furnish an instructor to describe basis of system design, operational requirements, criteria, and regulatory requirements. 2. Owner will furnish an instructor to describe Owner's operational philosophy. 3. Owner will furnish Contractor with names and positions of participants. C. Scheduling: Provide instruction at mutually agreed on times. For equipment that requires seasonal operation, provide similar instruction at start of each season. 1. Schedule training with Owner with at least seven days' advance notice. END OF SECTION 01 7900 01 7900 -4 SECTION 26 0519 DIVISION 26 — ELECTRICAL CONDUCTORS AND CABLES SECTION 26 0519 - CONDUCTORS AND CABLES PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Building wires and cables rated 600 V and less. 2. Connectors, splices, and terminations rated 600 V and less. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product indicated. 1.3 INFORMATIONAL SUBMITTALS A. Field quality-control test reports. 1.4 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. Comply with NFPA 70. PART 2 - PRODUCTS 2.1 CONDUCTORS AND CABLES A. Copper Conductors: Comply with NEMA WC 70. B. Conductor Insulation: Comply with NEMA WC 70 for Types THHN-THWN. 26 0519- 1 SECTION 26 0519 DIVISION 26 — ELECTRICAL CONDUCTORS AND CABLES C. Multiconductor Cable: Comply with NEMA WC 70 for metal-clad cable, Type MC with ground wire. 2.2 CONNECTORS AND SPLICES A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. AFC Cable Systems, Inc. 2. Hubbell Power Systems, Inc. j 3. 3M; Electrical Products Division. B. Description: Facto -fabricated connectors and slices of size, am acit rating, p ry P P Y 9 material, type, and class for application and service indicated. l PART 3 - EXECUTION 1 3.1 CONDUCTOR MATERIAL APPLICATIONS A. Feeders: Copper. Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and l larger. I B. Branch Circuits: Copper. Solid for No. 10 AWG and smaller; stranded for No. 8 AWG j and larger. 3.2 CONDUCTOR INSULATION AND MULTICONDUCTOR CABLE APPLICATIONS AND WIRING METHODS A. Exposed Feeders: Type THHN-THWN, single conductors in raceway. B. Feeders Concealed in Ceilings, Walls, Partitions, and Crawlspaces: Type THHN- THWN, single conductors in raceway. C. Exposed Branch Circuits, Including in Crawlspaces: Type THHN-THWN, single conductors in raceway. + I i 26 0519 - 2 SECTION 26 0519 DIVISION 26 — ELECTRICAL CONDUCTORS AND CABLES D. Branch Circuits Concealed in Ceilings, Walls, and Partitions: Type THHN-THWN, single conductors in raceway or Metal-clad cable, Type MC. 3.3 INSTALLATION OF CONDUCTORS AND CABLES A. Conceal cables in finished walls, ceilings, and floors, unless otherwise indicated. B. Use manufacturer-approved pulling compound or lubricant where necessary; compound used must not deteriorate conductor or insulation. Do not exceed manufacturer's recommended maximum pulling tensions and sidewall pressure values. C. Use pulling means, including fish tape, cable, rope, and basket-weave wire/cable grips, that will not damage cables or raceway. D. Install exposed cables parallel and perpendicular to surfaces of exposed structural members, and follow surface contours where possible. E. Tighten electrical connectors and terminals according to manufacturer's published torque-tightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A and UL 486B. F. Make splices and taps that are compatible with conductor material and that possess equivalent or better mechanical strength and insulation ratings than unspliced conductors. 1. Use oxide inhibitor in each splice and tap conductor for aluminum conductors. G. Wiring at Outlets: Install conductor at each outlet, with at least 6 inches of slack. , I 3.4 FIELD QUALITY CONTROL A. Perform tests and inspections and prepare test reports. B. Tests and Inspections: 1. Perform each visual and mechanical inspection and electrical test stated in NETA 1 Acceptance Testing Specification. Certify compliance with test parameters. C. Test Reports: Prepare a written report to record the following: 1. Test procedures used. 260519 - 3 1 SECTION 26 0519 DIVISION 26 — ELECTRICAL CONDUCTORS AND CABLES 2. Test results that comply with requirements. 3. Test results that do not comply with requirements and corrective action taken to achieve compliance with requirements. D. Remove and replace malfunctioning units and retest as specified above. END OF SECTION 26 0519 I l l 1 26 0519 -4 SECTION 26 0526 DIVISION 26 — ELECTRICAL GROUNDING AND BONDING SECTION 26 0526 - GROUNDING AND BONDING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: Grounding systems and equipment. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product indicated. 1.3 INFORMATIONAL SUBMITTALS A. Field quality-control reports. 1.4 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Comply with UL 467 for grounding and bonding materials and equipment. PART 2 - PRODUCTS 2.1 CONDUCTORS A. Insulated Conductors: Copper wire or cable insulated for 600 V unless otherwise required by applicable Code or authorities having jurisdiction. lB. Bare Copper Conductors: 1. Solid Conductors: ASTM B 3. 2. Stranded Conductors: ASTM B 8. 26 0526 - 1 . l SECTION 26 0526 DIVISION 26 — ELECTRICAL GROUNDING AND BONDING 3. Tinned Conductors: ASTM B 33. 4. Bonding Cable: 28 kcmil, 14 strands of No. 17 AWG conductor, 1/4 inch in diameter. 5. Bonding Conductor: No. 4 or No. 6 AWG, stranded conductor. 6. Bonding Jumper: Copper tape, braided conductors terminated with copper ferrules; 1-5/8 inches wide and 1/16 inch thick. 7. Tinned Bonding Jumper: Tinned-copper tape, braided conductors terminated with copper ferrules; 1-5/8 inches wide and 1/16 inch thick. 2.2 CONNECTORS A. Listed and labeled by an NRTL acceptable to authorities having jurisdiction for applications in which used and for specific types, sizes, and combinations of I conductors and other items connected. B. Bolted Connectors for Conductors and Pipes: Copper or copper alloy, pressure type with at least two bolts. 1. Pipe Connectors: Clamp type, sized for pipe. C. Welded Connectors: Exothermic-welding kits of types recommended by kit manufacturer for materials being joined and installation conditions. PART 3 - EXECUTION 3.1 APPLICATIONS A. Conductors: Install solid conductor for No. 8 AWG and smaller, and stranded conductors for No. 6 AWG and larger unless otherwise indicated. B. Conductor Terminations and Connections: 1. Pipe and Equipment Grounding Conductor Terminations: Bolted connectors. 26 0526 - 2 SECTION 26 0526 DIVISION 26 — ELECTRICAL GROUNDING AND BONDING 3.2 EQUIPMENT GROUNDING A. Install insulated equipment grounding conductors with the following items, in addition to those required by NFPA 70: 1. Branch circuits. 2. Lighting circuits. 3. Flexible raceway runs. 4. Armored and metal-clad cable runs. B. All luminaries shall be grounded. 3.3 INSTALLATION A. Grounding Conductors: Route along shortest and straightest paths possible unless otherwise indicated or required by Code. Avoid obstructing access or placing conductors where they may be subjected to strain, impact, or damage. B. Bonding Straps and Jumpers: Install in locations accessible for inspection and maintenance except where routed through short lengths of conduit. 1. Bonding to Structure: Bond straps directly to basic structure, taking care not to penetrate any adjacent parts. 2. Bonding to Equipment Mounted on Vibration Isolation Hangers and Supports: Install bonding so vibration is not transmitted to rigidly mounted equipment. 3. Use exothermic-welded connectors for outdoor locations; if a disconnect-type connection is required, use a bolted clamp. 3.4 FIELD QUALITY CONTROL A. Perform the following tests and inspections and prepare test reports: 1. After installing grounding system but before permanent electrical circuits have been energized, test for compliance with requirements. 26 0526- 3 . l SECTION 26 0526 DIVISION 26 — ELECTRICAL GROUNDING AND BONDING 2. Inspect physical and mechanical condition. Verify tightness of accessible, bolted, electrical connections with a calibrated torque wrench according to manufacturer's written instructions. B. Report measured ground resistances that exceed the following values: 1. Power and Lighting Equipment or System with Capacity of 500 kVA and Less: 20 ohms. C. Excessive Ground Resistance: If resistance to ground exceeds specified values, notify Engineer promptly and include recommendations to reduce ground resistance. END OF SECTION 26 0526 l l : 1 l . l l l I 26 0526 -4 SECTION 26 0533 DIVISION 26 — ELECTRICAL RACEWAYS AND BOXES SECTION 26 0533 - RACEWAYS AND BOXES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Metal conduits, tubing, and fittings. 2. Nonmetal conduits, tubing, and fittings. 3. Metal wireways and auxiliary gutters. 4. Nonmetal wireways and auxiliary gutters. 5. Surface raceways. 6. Boxes, enclosures, and cabinets. 1.2 ACTION SUBMITTALS A. Product Data: For surface raceways, wireways and fittings, floor boxes, hinged-cover enclosures, and cabinets. B. Shop Drawings: For custom enclosures and cabinets. Include plans, elevations, sections, and attachment details. 1.3 INFORMATIONAL SUBMITTALS A. Coordination Drawings: Conduit routing plans, drawn to scale, on which the following items are shown and coordinated with each other, using input from installers of items involved: 1. Structural members in paths of conduit groups with common supports. B. Seismic Qualification Certificates: For enclosures, cabinets, and conduit racks and their mounting provisions, including those for internal components, from manufacturer. 26 0533- 1 SECTION 26 0533 DIVISION 26 — ELECTRICAL RACEWAYS AND BOXES PART 2 - PRODUCTS 2.1 METAL CONDUITS, TUBING, AND FITTINGS A. Listing and Labeling: Metal conduits, tubing, and fittings shall be listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. , B. GRC: Comply with ANSI C80.1 and UL 6. C. ARC: Comply with ANSI C80.5 and UL 6A. I D. IMC: Comply with ANSI C80.6 and UL 1242. E. EMT: Comply with ANSI C80.3 and UL 797. F. FMC: Comply with UL 1; zinc-coated steel or aluminum. G. LFMC: Flexible steel conduit with PVC jacket and complying with UL 360. H. Fittings for Metal Conduit: Comply with NEMA FB 1 and UL 514B. J 1. Conduit Fittings for Hazardous (Classified) Locations: Comply with UL 886 and NFPA 70. 2. Fittings for EMT: a. Material: Steel. . I b. Type: Setscrew. 3. Expansion Fittings: PVC or steel to match conduit type, complying with UL 651, I rated for environmental conditions where installed, and including flexible external bonding jumper. 4. Coating for Fittings for PVC-Coated Conduit: Minimum thickness of 0.040 inch, with overlapping sleeves protecting threaded joints. I. Joint Compound for IMC, GRC, or ARC: Approved, as defined in NFPA 70, by authorities having jurisdiction for use in conduit assemblies, and compounded for use 26 0533- 2 SECTION 26 0533 DIVISION 26 — ELECTRICAL RACEWAYS AND BOXES to lubricate and protect threaded conduit joints from corrosion and to enhance their conductivity. 2.2 NONMETALLIC CONDUITS, TUBING, AND FITTINGS A. Listing and Labeling: Nonmetallic conduits, tubing, and fittings shall be listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. ENT: Comply with NEMA TC 13 and UL 1653. C. RNC: Type EPC-40-PVC, complying with NEMA TC 2 and UL 651 unless otherwise indicated. D. LFNC: Comply with UL 1660. E. Continuous HDPE: Comply with UL 651 B. F. Coilable HDPE: Preassembled with conductors or cables, and complying with ASTM D 3485. G. Fittings for ENT and RNC: Comply with NEMA TC 3; match to conduit or tubing type and material. H. Fittings for LFNC: Comply with UL 514B. I. Solvent cements and adhesive primers shall have a VOC content of 510 and 550 g/L or less, respectively, when calculated according to 40 CFR 59, Subpart D (EPA Method 24). J. Solvent cements and adhesive primers shall comply with the testing and product 1 requirements of the California Department of Health Services' "Standard Practice for the Testing of Volatile Organic Emissions from Various Sources Using Small-Scale Environmental Chambers.' 2.3 SURFACE RACEWAYS A. Listing and Labeling: Surface raceways and tele-power poles shall be listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Surface Metal Raceways: Galvanized steel with snap-on covers complying with UL 5. 26 0533 - 3 . l SECTION 26 0533 DIVISION 26 — ELECTRICAL RACEWAYS AND BOXES C. Surface Nonmetallic Raceways: Two- or three-piece construction, complying with UL 5A, and manufactured of rigid PVC. Product shall comply with UL 94 V-0 requirements for self-extinguishing characteristics. 2.4 BOXES, ENCLOSURES, AND CABINETS 1 A. General Requirements for Boxes, Enclosures, and Cabinets: Boxes, enclosures, and cabinets installed in wet locations shall be listed for use in wet locations. B. Sheet Metal Outlet and Device Boxes: Comply with NEMA OS 1 and UL 514A. 1 C. Nonmetallic Outlet and Device Boxes: Comply with NEMA OS 2 and UL 514C. D. Luminaire Outlet Boxes: Nonadjustable, designed for attachment of luminaire weighing 1 9 g 50 lb. Outlet boxes designed for attachment of luminaires weighing more than 50 lb shall be listed and marked for the maximum allowable weight. E. Small Sheet Metal Pull and Junction Boxes: NEMA OS 1. F. Cast-Metal Access, Pull, and Junction Boxes: Comply with NEMA FB 1 and UL 1773, cast aluminum with gasketed cover. G. Box extensions used to accommodate new building finishes shall be of same material as recessed box. H. Device Box Dimensions: 4 inches square by 2-1/8 inches deep <Insert dimension>. I. Gangable boxes [are allowed] [are prohibited]. PART 3 - EXECUTION 3.1 RACEWAY APPLICATION A. Indoors: Apply raceway products as specified below unless otherwise indicated. 1. Exposed, Not Subject to Physical Damage: EMT. 2. Exposed, Not Subject to Severe Physical Damage: EMT. 3. Concealed in Ceilings and Interior Walls and Partitions: EMT or MC cable. 26 0533 -4 SECTION 26 0533 DIVISION 26 — ELECTRICAL RACEWAYS AND BOXES 4. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor-Driven Equipment): FMC, except use LFMC in damp or wet locations. B. Minimum Raceway Size: 3/4-inch trade size. C. Raceway Fittings: Compatible with raceways and suitable for use and location. 1. Rigid and Intermediate Steel Conduit: Use threaded rigid steel conduit fittings unless otherwise indicated. Comply with NEMA FB 2.10. 2. EMT: Use setscrew, fittings. Comply with NEMA FB 2.10. 3. Flexible Conduit: Use only fittings listed for use with flexible conduit. Comply with NEMA FB 2.20. D. Do not install aluminum conduits, boxes, or fittings in contact with concrete or earth. E. Install surface raceways only where indicated on Drawings. F. Do not install nonmetallic conduit where ambient temperature exceeds 120 deg F. I I 3.2 INSTALLATION A. Comply with NECA 1 and NECA 101 for installation requirements except where requirements on Drawings or in this article are stricter. Comply with NECA 102 for aluminum conduits. Comply with NFPA 70 limitations for types of raceways allowed in specific occupancies and number of floors. B. Keep raceways at least 6 inches away from parallel runs of flues and steam or hot- water pipes. Install horizontal raceway runs above water and steam piping. C. Arrange stub-ups so curved portions of bends are not visible above finished slab. - D. Install no more than the equivalent of three 90-degree bends in any conduit run except for control wiring conduits, for which fewer bends are allowed. Support within 12 inches of changes in direction. E. Conceal conduit and EMT within finished walls, ceilings, and floors unless otherwise indicated. Install conduits parallel or perpendicular to building lines. F. A. Support conduit within 12 inches of enclosures to which attached. 26 0533 - 5 I SECTION 26 0533 DIVISION 26 — ELECTRICAL RACEWAYS AND BOXES G. Threaded Conduit Joints, Exposed to Wet, Damp, Corrosive, or Outdoor Conditions: Apply listed compound to threads of raceway and fittings before making up joints. Follow compound manufacturer's written instructions. H. Coat field-cut threads on PVC-coated raceway with a corrosion-preventing conductive compound prior to assembly. I I. Terminate threaded conduits into threaded hubs or with locknuts on inside and outside of boxes or cabinets. Install bushings on conduits up to 1-1/4-inch trade size and insulated throat metal bushings on 1-1/2-inch trade size and larger conduits terminated with locknuts. Install insulated throat metal grounding bushings on service conduits. J. Install pull wires in empty raceways. Use polypropylene or monofilament plastic line with not less than 200-lb tensile strength. Leave at least 12 inches of slack at each end of pull wire. Cap underground raceways designated as spare above grade alongside raceways in use. K. Surface Raceways: 1. Install surface raceway with a minimum 2-inch radius control at bend points. 2. Secure surface raceway with screws or other anchor-type devices at intervals not ; exceeding 48 inches and with no less than two supports per straight raceway section. Support surface raceway according to manufacturer's written instructions. Tape and glue are not acceptable support methods. L. Install raceway sealing fittings at accessible locations according to NFPA 70 and fill them with listed sealing compound. For concealed raceways, install each fitting in a flush steel box with a blank cover plate having a finish similar to that of adjacent plates or surfaces. M. Install devices to seal raceway interiors at accessible locations. Locate seals so no fittings or boxes are between the seal and the following changes of environments. Seal the interior of all raceways at the following points.- 1. Where conduits pass from warm to cold locations, such as boundaries of refrigerated spaces. 2. Where an underground service raceway enters a building or structure. 3. Where otherwise required by NFPA 70. 26 0533 - 6 SECTION 26 0533 DIVISION 26 — ELECTRICAL RACEWAYS AND BOXES N. Flexible Conduit Connections: Comply with NEMA RV 3. Use a maximum of 72 inches of flexible conduit for recessed and semirecesse.d luminaires, equipment subject to vibration, noise transmission, or movement; and for transformers and motors. 1. Use LFMC in damp or wet locations subject to severe physical damage. 2. Use LFMC or LFNC in damp or wet locations not subject to severe physical damage. O. Mount boxes at heights indicated on Drawings. If mounting heights of boxes are not individually indicated, give priority to ADA requirements. Install boxes with height measured to center of box unless otherwise indicated. P. Recessed Boxes in Masonry Walls: Saw-cut opening for box in center of cell of masonry block, and install box flush with surface of wall. Prepare block surfaces to provide a flat surface for a raintight connection between the box and cover plate or the supported equipment and box. Q. Horizontally separate boxes mounted on opposite sides of walls so they are not in the same vertical channel. R. Locate boxes so that cover or plate will not span different building finishes. S. Support boxes of three gangs or more from more than one side by spanning two framing members or mounting on brackets specifically designed for the purpose. T. Fasten junction and pull boxes to or support from building structure. Do not support boxes by conduits. U. Set metal floor boxes level and flush with finished floor surface. V. Set nonmetallic floor boxes level. Trim after installation to fit flush with finished floor surface. 3.3 PROTECTION A. Protect coatings, finishes, and cabinets from damage and deterioration. 1. Repair damage to galvanized finishes with zinc-rich paint recommended by manufacturer. 26 0533 - 7 SECTION 26 0533 DIVISION 26 — ELECTRICAL RACEWAYS AND BOXES 2. Repair damage to PVC coatings or paint finishes with matching touchup coating recommended by manufacturer. END OF SECTION 26 0533 + l . 1 1 I I . I J 26 0533 - 8 SECTION 26 0923 DIVISION 26 — ELECTRICAL LIGHTING CONTROLS SECTION 260923 - DIGITAL OCCUPANCY AND DAYLIGHT MANAGEMENT CONTROL SYSTEM GENERAL 1.1 SUMMARY A. Section Includes: 1. Digital Occupancy and Daylighting Sensor Control 2. Emergency Lighting Control (if applicable) B. Control Intent—Control Intent includes, but is not limited to: 1. Defaults and initial calibration settings for such items as time delay, sensitivity, fade rates, etc. 2. Initial sensor and switching zones 3. Initial time switch settings 4. Task lighting and receptacle controls 5. Emergency Lighting control (if applicable) 1.2 REFERENCES 1 ' A. American National Standards Institute/Institute of Electrical and Electronic Engineers (ANSI/IEEE) B. Underwriter Laboratories of Canada (ULC) C. International Electrotechnical Commission D. International Organization for Standardization (ISO) E. National Electrical Manufacturers Association (NEMA) F. WD1 (R2005) - General Color Requirements for Wiring Devices. G. Underwriters Laboratories, Inc. (UL) 1. 916— Energy Management Equipment. 2. 924 — Emergency Lighting 1.3 SYSTEM DESCRIPTION & OPERATION A. The Lighting Control and Automation system as defined under this section covers the following equipment: i 16145 - 1 . 1 SECTION 26 0923 DIVISION 26 — ELECTRICAL LIGHTING CONTROLS 1. Digital Room Controllers— Self-configuring, digitally addressable one, two or three relays controllers with 0-10 volt control for ballasts (if applicable) and single relay application-specific plug load controllers. 2. Digital Occupancy Sensors—Self-configuring, digitally addressable and calibrated occupancy sensors with LCD display and two-way active infrared (IR) communications. 3. Digital Switches—Self-configuring, digitally addressable pushbutton switches, dimmers, and scene switches with two-way active infrared (IR) communications. 4. Configuration Tools— Handheld remote for room configuration provides two way infrared (IR) communications to digital devices and allows complete configuration and reconfiguration of the device / room from up to 30 feet away. Unit to have Organic LED display, simple pushbutton interface, and allow send and receive of room variables and store of occupancy sensor settings. Computer software also customizes room settings. 6. Handheld remotes for personal control — One-button dimming, two-button on/off, or five-button scene remotes provide control using infrared communications. Remote may be configured in the field to control selected loads or scenes without special tools. 7. Digital Lighting Management (DLM) local network— Free topology, plug-in wiring system (Cat 5e) for power and data to room devices. 8. Network Bridge— provides BACnet MS/TP-compliant digital networked communication between rooms, panels and the Segment Manager or building automation system (BAS). 9. Segment Manager— provides web browser-based user interface for system control, scheduling, power monitoring, room device parameter administration and reporting. 10. Emergency Lighting Control Unit (ELCU) —allows a standard lighting control device to control emergency lighting in conjunction with normal lighting in any area within a building 1.4 LIGHTING CONTROL APPLICATIONS A. Unless relevant provisions of the applicable local Energy Codes are more stringent, provide a minimum application of lighting controls as follows: 1. Space Control Requirements— Provide occupancy/vacancy sensors with Auto-ON functionality. Occupancy sensors will be powered on via existing lighting control contactor. See drawing for details. 2. Bi-Level Lighting — Provide multi-level controls in all spaces. 16145 -2 SECTION 26 0923 DIVISION 26 — ELECTRICAL LIGHTING CONTROLS 1.5 SUBMITTALS A. Submittals Package: Submit the shop drawings, and the product data specified below at the same time as a package. B. Shop Drawings: 1. Composite wiring and/or schematic diagram of each control circuit as proposed to be installed (standard diagrams will not be accepted). 2. Scale drawing for each area showing exact location of each sensor, room controller, and digital switch. C. Product Data: Catalog sheets, specifications and installation instructions. D. Include data for each device which: 1. Indicates where sensor is proposed to be installed. 2. Prove that the sensor is suitable for the proposed application. 1.6 QUALITY ASSURANCE A. Manufacturer: Minimum [10] years experience in manufacture of lighting controls. 1.7 PROJECT CONDITIONS A. Do not install equipment until following conditions can be maintained in spaces to receive equipment: 1. Ambient temperature: 0° to 40' C (32'to 104' F). 2. Relative humidity: Maximum 90 percent, non-condensing. 1.8 WARRANTY A. Provide a five year complete manufacturer's warranty on all products to be free of manufacturers' defects. 1.9 MAINTENANCE A. Spare Parts: 1. Provide 1 of each product to be used for maintenance. PRODUCTS 1.10 MANUFACTURERS A. Acceptable Manufacturer: 16145 - 3 SECTION 26 0923 DIVISION 26 — ELECTRICAL LIGHTING CONTROLS 1. WattStopper a. System: Digital Lighting Management (DLM) 2. Basis of design product: WattStopper Digital Lighting Management (DLM) or subject to compliance and prior approval with specified requirements of this section, one of the following: a. WattStopper Digital Lighting Management (DLM) B. Substitutions: 1. All proposed substitutions (clearly delineated as such) must be submitted in writing for approval by the design professional a minimum of 10 working days prior to the bid date and must be made available to all bidders. Proposed substitutes must be accompanied by a review of the specification noting I compliance on a line-by-line basis. 2. By using pre-approved substitutions, the contractor accepts responsibility and associated costs for all required modifications to circuitry, devices, and wiring. I The contractor shall provide complete engineered shop drawings (including I power and control wiring) with deviations from the original design highlighted in an alternate color to the engineer for review and approval prior to rough-in. 1.11 DIGITAL WALL OR CEILING MOUNTED OCCUPANCY SENSOR SYSTEM A. Wall or ceiling mounted (to suit installation) passive infrared (PIR), ultrasonic or dual technology digital (passive infrared and ultrasonic) occupancy sensor. Furnish the Company's system which accommodates the square-foot coverage requirements for each area controlled, utilizing room controllers, digital occupancy sensors and I accessories which suit the lighting and electrical system parameters. B. Digital Occupancy Sensors shall provide graphic LCD display for digital calibration and electronic documentation. Features include the following: 1. Digital calibration and pushbutton programming for the following variables: a. Sensitivity—0-100% in 10% increments b. Time delay— 1-30 minutes in 1 minute increments C. Test mode— Five second time delay d. Detection technology— PIR, Ultrasonic or Dual Technology activation and/or re-activation. e. Walk-through mode L Load parameters including Auto/Manual-ON, blink warning, and daylight enable/disable when photosensors are included in the f DLM local network. 2. Two RJ-45 ports for connection to DLM local network. 1 16145-4 . 1 SECTION 26 0923 DIVISION 26 — ELECTRICAL LIGHTING CONTROLS 3. Two-way infrared (IR) transceiver to allow remote programming through handheld commissioning tool and control by remote personal controls. 4. Device Status LEDs including: a. PIR Detection b. Ultrasonic detection C. Configuration mode d. Load binding 5. Assignment of occupancy sensor to a specific load within the room without ' wiring or special tools. 6. Manual override of controlled loads. C. Units shall not have any dip switches or potentiometers for field settings. D. Multiple occupancy sensors may be installed in a room by simply connecting them to the free topology DLM local network. No additional configuration will be required. E. WattStopper product numbers: LMPX, LMDX, LMPC, LMUC, LMDC 1.12 DIGITAL WALL SWITCHES A. Low voltage momentary pushbutton switches in 1, 2, 3, 4, 5 and 8 button configuration; available in white, light almond, ivory, grey and black; compatible with wall plates with decorator opening. Wall switches shall include the following features: 1. Two-way infrared (IR) transceiver for use with personal and configuration remote controls. 2. Removable buttons for field replacement with engraved buttors and/or alternate color buttons. Button replacement may be completed without removing the switch from the wall. 3. Red configuration LED on each switch that blinks to indicate data transmission. 4. Blue Load/Scene Status LED on each switch button with the following characteristics: a. Bi-level LED b. Dim locator level indicates power to switch C. Bright status level indicates that load or scene is active 5. Dimming switches shall include seven bi-level LEDs to indicate load levels using 14 steps. 16145 - 5 t SECTION 26 0923 DIVISION 26 — ELECTRICAL LIGHTING CONTROLS I B. Two RJ-45 ports for connection to DLM local network. C. Multiple digital wall switches may be installed in a room by simply connecting them to the free topology DLM local network. No additional configuration will be required to achieve multi-way switching. D. The following switch attributes may be changed or selected using a wireless configuration tool: 1. Load and Scene button function may be reconfigured for individual buttons (from Load to Scene, and vice versa). 2. Individual button function may be configured to Toggle, On only or Off only. I 3. Individual scenes may be locked to prevent unauthorized change. f 4. Fade Up and Fade Down times for individual scenes may be adjusted from 0 seconds to 18 hours. 5. Ramp rate may be adjusted for each dimmer switch. 6. Switch buttons may be bound to any load on a room controller and are not I load type dependant; each button may be bound to multiple loads. E. WattStopper product numbers: LMSW-101, LMSW-102, LMSW-103, LMSW-104, I LMSW-105, LMSW-108, LMDM-101. 1.13 HANDHELD REMOTE CONTROLS ` A. Battery-operated handheld switches in 1, 2 and 5 button configuration for remote I switching or dimming control. Remote controls shall include the following features: 1. Two-way infrared (IR) transceiver for line of sight communication with DLM local network within up to 30 feet. 2. Blue LED on each button confirms button press. 3. Load buttons may be bound to any load on a room controller and are not load type dependant; each button may be bound to multiple loads. 4. Inactivity timeout to save battery life. B. A wall mount holster and mounting hardware shall be included with each remote control C. WattStopper part numbers: LMRH-101, LMRH-102, LMRH-105. 1.14 ROOM CONTROLLERS 16145- 6 SECTION 26 0923 DIVISION 26 — ELECTRICAL LIGHTING CONTROLS A. Room Controllers automatically bind the room loads to the connected devices in the space without commissioning or the use of any tools. Room Controllers shall be provided to match the room lighting load and control requirements. The controllers will be simple to install and will not have, dip switches, potentiometers or require special configuration. The control units will include the following features: 1. Automatic room configuration to the most energy-efficient sequence of operation based upon the devices in the room. 2. Simple replacement— Using the default automatic configuration capabilities, a room controller may be replaced with an off-the-shelf unit without requiring any configuration or setup. 3. Device Status LEDs to indicate: a. Data transmission b. Device has power C. Status for each load d. Configuration status 4. Quick installation features including: a. Standard junction box mounting b. Quick low voltage connections using standard RJ-45 patch cable 5. Plenum rated 6. Manual override and LED indication for each load 7. Dual voltage (120/277 VAC, 60 Hz) 8. Zero cross circuitry for each load. B. On/Off Room Controllers shall include: 2. Two relay configuration 3. Efficient 150 mA switching power supply 4. Three RJ-45 DLM local network ports 5. Discrete model listed for connection to receptacles, for occupancy-based control of plug loads within the space. a. One relay configuration only b. Automatic-ON/OFF configuration 6. WattStopper product numbers: LMRC-101, LMRC-102, LMPL-101 1.15 ROOM NETWORK (DLM Local Network) 16145-7 SECTION 26 0923 DIVISION 26 — ELECTRICAL LIGHTING CONTROLS A. The DLM local network is a free topology lighting control physical connection and communication protocol designed to control a small area of a building. Digital room devices connect to the network using CAT 5e cables with RJ-45 connectors which provide both data and power to room devices. Features of the DLM local network include: 1. Plug n' Go automatic configuration and binding of occupancy sensors, switches and lighting loads to the most energy-efficient sequence of operation based upon the device attached. 2. Simple replacement of any device in the network with a standard off the shelf unit without requiring commissioning, configuration or setup. 1 3. Push n' Learn configuration to change the automatic configuration, including f binding and load parameters without tools, using only the buttons on the digital devices in the local network. 4. Two-way infrared communications for control by handheld remotes, and configuration by a handheld tool including adjusting load parameters, sensor configuration and binding; within a line of sight of up to 30 feet from a sensor, wall switch or IR receiver. 1.16 CONFIGURATIONS TOOLS A. A configuration tool facilitates optional customization of DLM local networks, and is used to set up open loop daylighting sensors. A wireless configuration tool features infrared communications, while PC software connects to each local network via a USB interface. l B. Features and functionality of the wireless configuration tool shall include: 1 1. Two-way infrared (IR) communication with DLM IR-enabled devices within a 1 range of approximately 30 feet. I 2. High visibility organic LED (OLED) display, pushbutton user interface and menu-driven operation. 3. Read, modify and send parameters for occupancy sensors, daylighting sensors, room controllers and buttons on digital wall switches. 4. Save up to nine occupancy sensor setting profiles, and apply profiles to selected sensors. 5. Temporarily adjust light level of any load(s)on the local network, and incorporate those levels in scene setting. 6. Adjust or fine-tune daylighting settings established during auto- commissioning, and input light level data to complete commissioning of open loop daylighting controls. 16145 - 8 SECTION 26 0923 DIVISION 26 — ELECTRICAL LIGHTING CONTROLS C. WattStopper Product Numbers: LMCT-100, LMCI-100/LMCS-100 1.17 NETWORK BRIDGE A. The network bridge connects a DLM local network to a BACnet-compliant network for communication between rooms, panels and a segment manager or BAS. Each local network shall include a network bridge component to provide a connection to the local network room devices. The network bridge shall use industry standard BACnet MS/TP network communication. 1. The network bridge may be incorporated directly into the room controller hardware (LMRC-3xx Room Controllers) or be provided as a separate module connected on the local network through an available RJ-45 port. 2. Provide Plug n' Go operation to automatically discover all room devices connected to the local network and make all device parameters visible to the segment manager via the segment network. No commissioning shall be required for set up of the network bridge on the local network. 3. The network bridge shall automatically create standard BACnet objects for selected room device parameters to allow any BACnet-compliant BAS to include lighting control and power monitoring features as provided by the DLM room devices on each local network. Standard BACnet objects shall be provided as follows: a. Read/write the normal or after hours schedule state for the room b. Read the detection state of the occupancy sensor C. Read/write the On/Off state of loads d. Read/write the dimmed light level of loads e. Read the button states of switches L Read total current in amps, and total power in watts through the room controller g. Read/write occupancy sensor time delay, PIR sensitivity and ultrasonic sensitivity settings h. Activate a preset scene for the room i. Read/write daylight sensor fade time and say and night setpoints j. Read the current light level, in footcandles, from interior and exterior photosensors and photocells k. Set daylight sensor operating mode I. Read/write wall switch lock status 4. WattStopper product numbers: LMBC-300 1.18 SEGMENT MANAGER 1 16145 - 9 SECTION 26 0923 DIVISION 26 — ELECTRICAL LIGHTING CONTROLS A. The Digital Lighting Management system shall include at least one segment manager to manage network communication. It shall be capable of serving up a graphical user interface via a standard web browser. Each segment manager shall have support for one, two or three segment networks as required and allow for control of a maximum of 127 local networks (rooms) and/or lighting control panels per segment network. B. Operational features of the Segment Manager shall include the following: 1. Connection to PC or LAN via standard Ethernet TCP/IP. 2. Easy to learn and use graphical user interface, compatible with Internet Explorer 8, or equal browser. 3. Log in security capable of restricting some users to view-only or other limited operations. 4. Automatic discovery of all DLM devices on the segment network(s). Commissioning beyond activation of the discovery function shall not be required. 5. After discovery, all rooms and panels shall be presented in a standard navigation tree format. Selecting a device from the tree will allow the device settings and operational parameters to be viewed and changed by the user. 6. Ability to view and modify room device operational parameters. It shall be , possible to set device parameters independently for normal hours and after hours operation. I 7. Ability to set up schedules for rooms and panels. Schedules shall 1 automatically set controlled zones or areas to either a normal hours or after hours mode of operation. 8. Ability to group rooms and loads for common control by schedules, switches or network commands. 9. Ability to monitor connected load current and display power consumption for areas equipped with room controllers incorporating the integral current monitoring feature. I 10. Provide seamless integration with the BAS via BACnet IP 4 C. WattStopper Product Numbers: LMSM-201, LMSM-603. EXECUTION 1.19 INSTALLATION I . 1 16145- 10 _ 1 SECTION 26 0923 DIVISION 26 — ELECTRICAL LIGHTING CONTROLS A. When using wire for connections other than the DLM local network (Cat 5e with RJ- 45 connectors), provide detailed point to point wiring diagrams for every termination. Provide wire specifications and wire colors to simplify contactor termination requirements B. Install the work of this Section in accordance with manufacturer's printed instructions unless otherwise indicated. C. Calibrate all sensor time delays and sensitivity to guarantee proper detection of occupants and energy savings. 1. Adjust time delay so that controlled area remains lighted for 5 minutes after occupant leaves area. D. Provide written or computer-generated documentation on the commissioning of the system including room by room description including: 1. Sensor parameters, time delays, sensitivities, and daylighting setpoints. 2. Sequence of operation, (e.g. manual ON, Auto OFF. etc.) 3. Load Parameters (e.g. blink warning, etc.) E. Re-commissioning —After 30 days from occupancy re-calibrate all sensor time delays and sensitivities to meet the Owner's Project Requirements. Provide a detailed report to the Architect/Owner of re-commissioning activity. 1.20 FACTORY COMMISSIONING . A. Upon completion of the installation, the system shall be commissioned by the manufacturer's factory authorized representative who will verify a complete fully functional system. B. The electrical contractor shall provide both the manufacturer and the electrical engineer with ten working days written notice of the system startup and adjustment date. C. Upon completion of the system commissioning the factory-authorized technician shall provide the proper training to the owner's personnel on the adjustment and maintenance of the system. END OF SECTION 16145- 11 SECTION 26 5100 DIVISION 26 — ELECTRICAL INTERIOR LIGHTING SECTION 265100 - INTERIOR LIGHTING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Interior lighting fixtures, lamps, and ballasts. 2. Emergency lighting units. 3. Exit signs. 4. Lighting fixture supports. B. Related Sections: 1. Division 26 Section "Lighting Control Devices" for automatic control of lighting, including time switches, photoelectric relays, occupancy sensors, and multipole lighting relays and contactors. 1.2 ACTION SUBMITTALS A. Product Data: For each type of lighting fixture, arranged in order of fixture designation. Include data on features, accessories, and finishes. B. Shop Drawings: Show details of nonstandard or custom lighting fixtures. Indicate dimensions, weights, methods of field assembly, components, features, and accessories. Product Certificates: For each type of ballast for bi-level and dimmer- controlled fixtures, from manufacturer. 1.3 INFORMATIONAL SUBMITTALS A. Field quality-control reports. 265100 - 1 SECTION 26 5100 DIVISION 26 — ELECTRICAL INTERIOR LIGHTING 1.4 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Comply with NFPA 70. + I PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, product(s) indicated on Drawings. 2.2 GENERAL REQUIREMENTS FOR LIGHTING FIXTURES AND COMPONENTS A. Recessed Fixtures: Comply with NEMA LE 4 for ceiling compatibility for recessed fixtures. B. Incandescent Fixtures: Comply with UL 1598. Where LER is specified, test according to NEMA LE 5A. C. Fluorescent Fixtures: Comply with UL 1598. Where LER is specified, test according to NEMA LE 5 and NEMA LE 5A as applicable. I D. HID Fixtures: Comply with UL 1598. Where LER is specified, test according to NEMA LE 5B. 1 E. Metal Parts: Free of burrs and sharp corners and edges. F. Sheet Metal Components: Steel unless otherwise indicated. Form and support to prevent warping and sagging. G. Doors, Frames, and Other Internal Access: Smooth operating, free of light leakage under operating conditions, and designed to permit relamping without use of tools. Designed to prevent doors, frames, lenses, diffusers, and other components from falling accidentally during relamping and when secured in operating position. H. Diffusers and Globes: 265100 - 2 SECTION 26 5100 DIVISION 26 — ELECTRICAL INTERIOR LIGHTING 1. Acrylic Lighting Diffusers: 100 percent virgin acrylic plastic. High resistance to yellowing and other changes due to aging, exposure to heat, and UV radiation. a. Lens Thickness: At least 0.125 inch minimum unless otherwise indicated. b. UV stabilized. 2. Glass: Annealed crystal glass unless otherwise indicated. 2.3 BALLASTS FOR LINEAR FLUORESCENT LAMPS A. General Requirements for Electronic Ballasts: 1. Comply with UL 935 and with ANSI C82.11. 2. Designed for type and quantity of lamps served. 3. Ballasts shall be designed for full light output unless another BF, dimmer, or bi- level control is indicated. 4. Sound Rating: Class A. 5. Total Harmonic Distortion Rating: Less than 10 percent. 6. Transient Voltage Protection: IEEE C62.41.1 and IEEE C62.41.2, Category A or better. 7. Operating Frequency: 42 kHz or higher. 8. Lamp Current Crest Factor: 1.7 or less. 9. BF: 0.95. No other ballast factor will be accepted. 10. Power Factor: 0.98 or higher. B. luminaires controlled by occupancy sensors shall have programmed-start ballasts. C. Electromagnetic Ballasts: Comply with ANSI C82.1-, energy saving, high-power factor, Class P, and having automatic-reset thermal protection. i 265100 - 3 SECTION 26 5100 DIVISION 26 — ELECTRICAL INTERIOR LIGHTING 1. Ballast Manufacturer Certification: Indicated by label. D. Single Ballasts for Multiple Lighting Fixtures: Factory wired with ballast arrangements and bundled extension wiring to suit final installation conditions without modification or rewiring in the field. E. Ballasts for Low-Temperature Environments: Electronic type rated for 0 deg F starting and operating temperature with indicated lamp types. F. Ballasts for Bi-Level Controlled Lighting Fixtures: Electronic type. 1. Operating Modes: Ballast circuit and leads provide for remote control of the light output of the associated lamp between high- and low-level and off. a. High-Level Operation: 100 percent of rated lamp lumens. b. Low-Level Operation: 50 percent of rated lamp lumens. 2. Ballast shall provide equal current to each lamp in each operating mode. 3. Compatibility: Certified by manufacturer for use with specific bi-level control system and lamp type indicated. 2.4 BALLASTS FOR COMPACT FLUORESCENT LAMPS y A. Description: Electronic-programmed rapid-start type, complying with UL 935 and with ANSI C 82.11, designed for type and quantity of lamps indicated. Ballast shall be designed for full light output unless dimmer or bi-level control is indicated: 1. Lamp end-of-life detection and shutdown circuit. 2. Automatic lamp starting after lamp replacement. 3. Sound Rating: Class A. 4. Total Harmonic Distortion Rating: Less than 20 percent. 5. Transient Voltage Protection: IEEE C62.41.1 and IEEE C62.41.2, Category A or better. 6. Operating Frequency: 20 kHz or higher. 265100 - 4 SECTION 26 5100 DIVISION 26 — ELECTRICAL INTERIOR LIGHTING 7. Lamp Current Crest Factor: 1.7 or less. 8. BF: 0.95 or higher unless otherwise indicated. 9. Power Factor: 0.98 or higher. 10. Interference: Comply with 47 CFR 18, Ch. 1, Subpart C, for limitations on electromagnetic and radio-frequency interference for nonconsumer equipment. 2.5 EMERGENCY FLUORESCENT POWER UNIT A. Internal Type: Self-contained, modular, battery-inverter unit, factory mounted within lighting fixture body and compatible with ballast. Comply with UL 924. 1. Emergency Connection: Operate 2 fluorescent lamp(s) continuously at an output of 1200 lumens each. Connect unswitched circuit to battery-inverter unit and switched circuit to fixture ballast. I2. Test Push Button and Indicator Light: Visible and accessible without opening fixture or entering ceiling space. a. Push Button: Push-to-test type, in unit housing, simulates loss of normal 9 power and demonstrates unit operability. I b. Indicator Light: LED indicates normal power on. Normal glow indicates trickle charge-, bright glow indicates charging at end of discharge cycle. I 3. Battery: Sealed, maintenance-free, nickel-cadmium type. l4. Charger: Fully automatic, solid-state, constant-current type with sealed power transfer relay. 1 5. Integral Self-Test: Factory-installed electronic device automatically initiates code-required test of unit emergency operation at required intervals. Test failure lis annunciated by an integral audible alarm and a flashing red LED. " 2.6 EMERGENCY LIGHTING UNITS A. General Requirements f r E -o Emergency Lighting Units: Self-contained units complying with UL 924. 1. Battery: Sealed, maintenance-free, lead-acid type. 265100 - 5 . l SECTION 26 5100 DIVISION 26 — ELECTRICAL INTERIOR LIGHTING 2. Charger: Fully automatic, solid-state type with sealed transfer relay. 3. Operation: Relay automatically turns lamp on when power-supply circuit voltage drops to 80 percent of nominal voltage or below. Lamp automatically disconnects from battery when voltage approaches deep-discharge level. When normal voltage is restored, relay disconnects lamps from battery, and battery is automatically recharged and floated on charger. 4. Test Push Button: Push-to-test type, in unit housing, simulates loss of normal power and demonstrates unit operability. 5. LED Indicator Light: Indicates normal power on. Normal glow indicates trickle charge; bright glow indicates charging at end of discharge cycle. 6. Wire Guard: Heavy-chrome-plated wire guard protects lamp heads or fixtures. 7. Integral Time-Delay Relay: Holds unit on for fixed interval of 15 minutes when power is restored after an outage. 2.7 FLUORESCENT LAMPS A. T5 and T5HO rapid-start lamps, rated 28 W maximum, nominal length of 46 inches, l 4700 initial lumens (minimum), CRI 75 (minimum), color temperature 5000 K, and average rated life 20,000 hours unless otherwise indicated. 2.8 LIGHTING FIXTURE SUPPORT COMPONENTS A. Single-Stem Hangers: 1/2-inch steel tubing with swivel ball fittings and ceiling canopy. Finish same as fixture. B. Twin-Stem Hangers: Two, 1/2-inch steel tubes with single canopy designed to mount a single fixture. Finish same as fixture. C. Wires: ASTM A 641/A 641 M, Class 3, soft temper, zinc-coated steel, 12 gage. D. Wires for Humid Spaces: ASTM A 580/A 580M, Composition 302 or 304, annealed , stainless steel, 12 gage. E. Rod Hangers: 3/16-inch minimum diameter, cadmium-plated, threaded steel rod. 1 F. Hook Hangers: Integrated assembly matched to fixture and line voltage and equipped with threaded attachment, cord, and locking-type plug. 265100 -6 SECTION 26 5100 DIVISION 26 — ELECTRICAL INTERIOR LIGHTING PART 3 - EXECUTION 3.1 INSTALLATION A. Lighting fixtures: Set level, plumb, and square with ceilings and walls. Install lamps in each fixture. B. Comply with NFPA 70 for minimum fixture supports. C. Suspended Lighting Fixture Support: 1. Pendants and Rods: Where longer than 48 inches, brace to limit swinging. 2. Stem-Mounted, Single-Unit Fixtures: Suspend with twin-stem hangers. 3. Continuous Rows: Use tubing or stem for wiring at one point and tubing or rod for suspension for each unit length of fixture chassis, including one at each end. D. Air-Handling Lighting Fixtures: Install with dampers closed and ready for adjustment. E. Adjust aimable lighting fixtures to provide required light intensities. F. Connect wiring according to Division 26 Section "Low-Voltage Electrical Power Conductors and Cables." l 3.2 FIELD QUALITY CONTROL A. Test for Emergency Lighting: Interrupt power supply to demonstrate proper operation. Verify transfer from normal power to battery and retransfer to normal. I B. Prepare a written report of tests, inspections, observations, and verifications indicating and interpreting results. If adjustments are made to lighting system, retest to demonstrate compliance with standards. IEND OF SECTION 265100 I I 265100 - 7 1