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11- College and 11th roundabout Contract Documents
CONTRACT DOCUMENTS & SPECIFICATIONS �► College and 11th Street Roundabout CITY OF BOZEMAN, MT � l f d 4 Set Number l Prepared By Robert Peccia & Associates Helena, Kalispell, & Butte, Montana www.rpa-hln.com (406)447-5000 College & 111" Street Roundabout City of Bozeman Bozeman, Montana Contract Documents and Specifications February, 2011 Prepared by Staci F.Venty Projec a Checked by OS T m a ANAUGH vanaugh, P 10833 E2o1 Project ManagerZq IVgL� QA/QC Approval KeA A.Jensen, P.E. P esident/Operations Manager Date Approved 2 �l d,» ROBERT PECCIA & ASSOCIATES P.O Box 5653 P.O.Box 5100 Thornton Building 825 Custer Avenue 102 Cooperative Way,Suite 300 65 East Broadway Helena,MT 59604 Kalispell,MT 59903 Butte,MT 59701 (406)447-5000 (406)752-5025 (406)533-6770 (406)447-5036 FAX (406)752-5024 FAX (406)533-6830 FAX TABLE OF CONTENTS Contract Documents & Specifications SECTION I. BIDDING REQUIREMENTS AND INFORMATION Bidder's Checklist Invitation to Bid Instructions to Bidders SECTION II. BIDDING DOCUMENTS Bid Proposal Bid Bond (EJCDC C-430) Non-Discrimination Affirmation Form SECTION 111. GENERAL CONDITIONS Standard General Conditions (EJCDC C-700) RPA Supplementary Conditions SECTION IV. SPECIAL PROVISIONS Contents listed at front of the Special Provisions. SECTION V. TECHNICAL SPECIFICATIONS Contents listed at front of the Technical Specifications. SECTION VI. PREVAILING WAGE RATES APPENDIX A. MISCELLANEOUS FORMS Notice of Award Agreement Acknowledgement and Certification of Insurance Requirements Performance Bond (EJCDC C-610) Payment Bond (EJCDC C-615A) Notice to Proceed Approval of Subcontractors Substitution Request Form Schedule of Values for Contract Payment Application and Certificate of Payment Work Directive Change Change Order Certificate of Substantial Completion Contractor's Certificate of Completion Consent of Surety Company to Final Payment Affidavit on Behalf of Contractor Certificate of Completion and Acceptance 11" x 17" CONSTRUCTION DRAWINGS Bound under separate cover. SECTION I BIDDING REQUIREMENTS AND INFORMATION ADDENDUM NO. 2 TO: ALL PLAN HOLDERS OF RECORD PROJECT: College and I I"' Street Roundabout DATE OF ADDENDUM: March 22, 2011 DATE OF BID OPENING: March 29, 2011 Acknowledge receipt of this addendum by inserting its number and date in the BID PROPOSAL. Failure to do so may subject bidder to disqualification. This Addendum forms a part of the Contract Documents. Clarification and/or modifications are as follows: The intent of this addendum is to notify all plan holders that the City of Bozeman (the project Owner) will allow the intersection of South 1 Vh Avenue and West College Street within the planned construction limits, to be closed to "thru"motor vehicle traffic for the duration of the sixty(60) calendar day construction period. The intent of this modification is to expedite the construction process. Further, the contractor's traffic control plan shall adequately detour"thru" motor vehicle traffic and emergency vehicles around the intersection via alternate routes utilizing appropriate detour signing, barricades, directional placards, etc, subject to the approval of the City of Bozeman. Further, the contractor's traffic control layout shall include placard(s) located at the point of barricading"thru"traffic, stating"BUSINESSES OPEN". Further, the adequacy of the traffic control plan and operations will be evaluated by the City of Bozeman during the course of the contract. Modifications to the plan may be required to improve traffic control if in the opinion of the City of Bozeman. 1. SECTION III, RPA SUPPLEMENTARY CONDITIONS A. Part 14. Traffic Control In the second paragraph, delete the following sentence: "At least one-way traffic shall be maintained at all times with continuous passage for emergency vehicles from either direction." 2. SECTION V, TECHNICAL SPECIFICATIONS Page 1 of 3 SECTION 01570 mpw—CONSTRUCTION TRAFFIC CONTROL PART 3: EXECUTION 3.1 WORK METHODS Delete the following: F. Maintain a minimum 26 foot width for two-way traffic on West College Street and South 1 lth Avenue at all times during roundabout construction, with turning radii around obstacles marked by channelization devices to be adequate to facilitate movement of tractor/trailer combination delivery trucks. Traffic shall be controlled by flaggers unless otherwise approved. During periods of non-work, appropriate traffic control devices shall be in place in lieu of flaggers. H. When the present traveled way is disturbed prior to grading operations to install drainage features, replace upper elevations of cuts and trenches with 3 inches minimum of crushed base course. Water and compact as necessary. Finish the surface of the trench patch to be smooth and level with the top surface of the surrounding pavement. Continue to maintain the patch as long as the patch remains. Add and compact replacement material if the patch surface becomes greater than 1 inch in depth from the surrounding paved surface. J. Concrete surfacing and construction phasing must adhere to the Portland Cement Concrete Pavement jointing details as shown in the drawings to construct the proposed roundabout. Perform concrete surfacing on one roundabout quadrant at a time to facilitate traffic movement through the intersection. One quadrant is defined as the angle made from the centerline West College Street to the centerline of South 11th Avenue (i.e. northwest, northeast, southwest and southeast quadrants). Unless the Traffic Control Plan and operations clearly allow, do not begin concrete surfacing on other quadrants until the previous quadrant is fully opened to traffic with two-way operations, utilizing temporary widening if necessary. K. Temporarily bend down any rebar posing a hazard to the traffic, that is installed and exposed prior to completing roundabout concrete construction work. 3. SECTION IV, SPECIAL PROVISIONS 35. CITY OF BOZEMAN STANDARD SPECIAL PROVISIONS AND RIGHT-OF-WAY AGREEMENTS Bidders are reminded in particular to the intent of this addendum: A. That the City of Bozeman Standard Special Provision 15. Traffic Control applies. Page 2 of 3 B. That the Right of Way Agreement between the City of Bozeman and Joseph J. Colombo (i.e. the property and business owner in the Northeast quadrant of the South 1 Ith Avenue and West College Street intersection) applies, which states in Part 8. (d): "At all times during construction,maintain full operability of at least one access to the property,being either from 111h Avenue approach or the West College Street Approach.....etc." That is,with this addendum there is NO CHANGE to the requirement to provide accessibility to properties through one or more existing approaches that are contained within the construction limits. END OF ADDENDUM NO. 2 ROBERT PECCIA AND A OCIATES a RAAS ROSS CAVANAUGH � �'� � Tom R. Cavanaugh,P.E. Consultant Project Manager Page 3 of 3 ADDENDUM NO. 1 TO: ALL PLAN HOLDERS OF RECORD PROJECT: College and 1 lth Street Roundabout DATE OF ADDENDUM: March 16, 2011 DATE OF BID OPENING: March 29, 2011 (Revised Date by this Addendum) Acknowledge receipt of this addendum by inserting its number and date in the BID PROPOSAL. Failure to do so may subject bidder to disqualification. This Addendum forms a part of the Contract Documents. Clarification and/or modifications are as follows: 1. SECTION I, BIDDING REQUIREMENTS AND INFORMATION A. INVITATION TO BID The date and time of the bid opening has been revised. Modify the first paragraph of the INVITATION TO BID as follows (modification is in bold): Separate sealed Bids for Construction of City of Bozeman College/l lth Roundabout will be received by the City Clerk at the office at City Hall, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, Montana 59771-1230 until 3:00 p.m. (local time) on Tuesday, March 29, 2011 and then publicly opened and read aloud. Original copies must be submitted-no faxed or electronic bids will be accepted. Modify Page 2 of the INVITATION TO BID, fifth paragraph as follows (modification is in bold): No Bid may be withdrawn within a period of 60 days after the date for opening bids which is at 3:00 p.m. (local time) Tuesday,March 29, 2011. B. INSTRUCTIONS TO BIDDERS Planholders have requested the Engineer to make a determination on which wage rate, "heavy or highway" applies based on the statement in Part 11, c. of the INSTRUCTIONS TO BIDDERS. Page 1 of 5 In the Engineer's opinion, the project contains work most applicable to that of the Prevailing Wage Rates for Highway Construction. Bidders are encouraged to contact the Department of Labor and Industry to make their own determination. 2. SECTION II, BIDDING DOCUMENTS Item No. 10, Plant Mix Bituminous Surfacing Commercial Type B, PG 64-28 no longer includes Seal, Cover, or Prime as a part of the measurement and payment of this bid item work. Seal and Cover(i.e. Asphalt Seal Coat), and Prime are to be bid by the SQUARE YARD (SY) as individual Bid Items as provided in the following: A. In the BID PROPOSAL, modify Item No. 10 Description to: Plant Mix Bituminous Surfacing Commercial Type B,PG 64-28 (Includes Tack, Asphalt Cement, and Hydrated Lime) B. In the BID PROPOSAL, add the following Items Item Estimated Unit Description No. Quantity 56 2,732 SY Asphalt Prime 57 2,732 SY Asphalt Seal Coat The revised BID PROPOSAL form is attached to this addenda and is made a part of the Specifications and Contract Documents. 3. SECTION IV, SPECIAL PROVISIONS 19. CONSTRUCTION SURVEYS BY CONTRACTOR Add the following sentence to the final paragraph of Part 19, Construction Surveys by Contractor: Field notes and quantity surveys will be required only in the event the Engineer and Contractor disagree on quantities measured and approved for payment. 4. SECTION IV, SPECIAL PROVISIONS 34. MEASUREMENT &PAYMENT A. Modify Item 10. Plant Mix Bituminous Surfacing Commercial Type B, PG 64- 28 as follows. Modifications shown are strikeouts (deletions). * General: This bid item consists of providing and placing Type B Commercial Plant Mix Bituminous Surface course with PG 64-28 asphalt binder of specified thickness and area. The work includes plaeing pfime en the base- Page 2 of 5 paving,to plafA mix bituminous tacking asphalt surfaces between lifts of asphalt and other joints. and plaoing the final sea! and aggregate eove (ehip sealing)evenh the sur-aein * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Speculation of material sources off-site; • Paying all costs for aggregate removal including rents and royalties to the material site(s) landowner; • Provide project specific mix design based on using PG 64-28 performance graded binder; • Excavation, crushing, screening and all other work necessary to meet material specifications; • Provide all materials required to complete the work in accordance to the mix-design and specifications, including aggregates, asphalt binder,hydrated lime, tack; • 1 Kllll Jlllllb Clll e )a the pr-epafed aggregate pr-ier-to plant mix bitiffi�..i:-Deuss 7 • Provide asphalt material testing and refinery certifications of the product; • Loading, haul or other transportation required to place the material; • Cleaning roadway surface of dust, dirt, and foreign material prior to tack coat application; • Place the material meeting minimum density specifications at the locations, depths, lines, grades and elevations required to construct the proj ect; • Provide material testing, including production aggregate production control testing and mix-design of the product; • Furnish and placement of tack at all "cold"joints and between lifts of surfacing; • Providing cores and acceptance density and thickness testing of final product; • F1..i shi1g and „la ea at ever- the completed bittffnineus suffaeia • * Measurement: The installation of Plant Mix Bituminous Surface course Commercial PG 64-28 is measured by the ton complete and in place. * Pa. ent: Plant Mix Bituminous Surface course Commercial PG 64-28 is paid for at the contract unit bid price per ton. Price and payment is full compensation for furnishing, handling, measuring, mixing, manipulation, placing and testing of materials; for hauling, placing, shaping, compacting and finishing the paving mix and other materials specified herein; for improving unsatisfactory areas, and all other incidentals to complete the work. Removal and production of wasted material will not be paid for. Page 3 of 5 B. Add Item 56. Asphalt Prime as follows. * General: This bid item consists of placing an asphalt prime coat on the prepared crushed aggregate base course prior to asphalt concrete surfacing. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Furnishing and placing liquid asphalt, MC-70, on the prepared and approved base course in accordance to the specifications; • Provide and place blotter sand; • Provide asphalt material testing and refinery certifications of the product; • Loading,haul or other transportation required to place the material; • All preparations and corrections to make the surface ready for asphalt concrete surfacing. * Measurement: Asphalt Prime is measured by the square yard(SY) in place. * Payment: Asphalt Prime is paid for at the contract unit bid price per square yard (SY). Price and payment is full compensation for all demurrage, storage, handling, and other charges; all materials, tools, equipment, delivery, unloading, heating, hauling and spreading the asphalt prime coat, cleaning the surface to be primed, blotting excess prime material, maintaining the primed surface; for improving unsatisfactory areas, and all other incidentals to complete the work. C. Add Item 57. Asphalt Seal Coat as follows. * General: This bid item consists of applying a single application of asphalt material on the prepared roundabout asphalt concrete pavement, followed by spreading seal coat aggregate. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Cleaning, sweeping and miscellaneous preparation work necessary to prepare the surfacing to receive the asphalt seal coat; • Furnishing and placing emulsified asphalt, CRS-2p, on the prepared and approved asphalt concrete surfacing in accordance to the specifications; • Furnishing and placing 3/8" seal coat aggregate meeting specifications; • Provide asphalt material testing and refinery certifications of the product; • Loading, haul or other transportation required to place the material; Page 4 of 5 • All preparations and corrections to make the surface ready for asphalt concrete surfacing. * Measurement: Asphalt Seal Coat is measured by the square yard (SY) in place. * Payment: Asphalt Seal Coat is paid for at the contract unit bid price per square yard (SY). Price and payment is full compensation for all demurrage, storage, handling, and other charges; all materials, tools, equipment, labor and performance of all work necessary or incidental to furnishing, delivering, unloading, heating, hauling and spreading the asphalt material and aggregate specified, brooming, compacting and rolling; for cleaning the existing surface, for covering excess asphaltic material; and for removal of the excess aggregate, cleaning gutters and incidentals to complete this work. END OF ADDENDUM NO. 1 ROBERT PEC SSOC ES S ROSS ANAUGH -¢ 10EP2o � Tom R. Cavanau , . Consultant Project Manager Page 5 of 5 BID PROPOSAL City of Bozeman City Clerk Office, City Hall 121 N. Rouse Ave. Bozeman, MT 59715 Ladies and Gentlemen: The undersigned, having familiarized himself with the conditions of the work and the contract documents, agrees to furnish all labor, materials, equipment and services necessary to complete all general construction work, as bid herein, for a project entitled College & 111h Street Roundabout in accordance with the contract documents, including all Addenda. The undersigned Bidder hereby agrees to commence work under this contract on the date to be specified in a written Notice to Proceed from the Owner and to fully complete the project within the following specified times thereafter as stipulated in the Specifications. Time is of the essence in completing this project. Bidder further agrees to pay liquidated damages for each consecutive day work continues past the contract time. Liquidated damages will be the sum as specified in the Special Provisions plus reimbursement for engineering services per consecutive calendar day the work continues past the contract time. The work shall be completed within the allotted contract times as specified in the Special Provisions. The undersigned Bidder hereby certifies that: 1) this Bid is genuine and is not made in the interest of, or in the behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; 2) he has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid; 3)he has not solicited or induced any person, firm or corporation to refrain from bidding; and 4)he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. The undersigned Bidder agrees to provide or perform as follows: BID PROPOSAL Page 1 BID PROPOSAL COLLEGE STREET&11T"AVENUE ROUNDABOUT Item Estimated Unit Description Unit Price Total Price No. Quantity 1 1 LS Mobilization,Bonding,Insurance& Submittals(May not exceed 5%of $ $ Bid Price) (Unit Price Written in Words) 2 1 LS Construction Surveying, Staking& Material Testing $ $ (Unit Price Written in Words) 3 1 LS Traffic Control (Unit Price Written in Words) 4 1 LS Erosion Control&Permits (Unit Price Written in Words) 5 18 EA Remove Trees (Unit Price Written in Words) 6 1 EA Remove Structure (Unit Price Written in Words) 7 1,145 CY Street Excavation(Includes Clearing, Grubbing,Embankment,Saw $ $ Cutting,Removal of Existing Bituminous Pavement,Sidewalk, Curb and Gutter and Disposal) (Unit Price Written in Words) BID PROPOSAL Page 2 BID PROPOSAL COLLEGE STREET& 11TH AVENUE ROUNDABOUT Item Estimated Unit Description Unit Price Total Price No. Quantity 8 2,168 CY Subexcavation (Unit Price Written in Words) 9 578 CY Crushed Base Course 1-1/2"Minus $ $ (Unit Price Written in Words) 10 605 TONS Plant Mix Bituminous Surfacing Commercial Type B,PG 64-28 $ $ (Includes,Tack, Asphalt Cement, and Hydrated Lime) (Unit Price Written in Words) 11 374 SQYD Portland Cement Concrete Pavement 9"Colored&Patterned $ $ (Unit Price Written in Words) 12 2,318 CY Special Borrow (Unit Price Written in Words) 13 12.7 CY Flowable Fill (Unit Price Written in Words) 14 323 LNFT Remove Storm Drain (Unit Price Written in Words) BID PROPOSAL Page 3 BID PROPOSAL COLLEGE STREET&11TH AVENUE ROUNDABOUT Item Estimated Unit Description Unit Price Total Price No. Quantity 15 2 EA Remove Manholes (Unit Price Written in Words) 16 3 EA Remove Curb Inlets (Unit Price Written in Words) 17 10 LNFT 8"PVC Storm Drain Pipe (Unit Price Written in Words) 18 120 LNFT 12"PVC Storm Drain Pipe (Unit Price Written in Words) 19 140 LNFT 15"PVC Storm Drain Pipe $ $ (Unit Price Written in Words) 20 38 LNFT 18"PVC Storm Drain Pipe (Unit Price Written in Words) 21 62 LNFT RCP 18" Class 3 Storm Drain Pipe (TJnit Price Written in Words) BID PROPOSAL Page 4 BID PROPOSAL COLLEGE STREET& 11TH AVENUE ROUNDABOUT Item Estimated Unit Description Unit Price Total Price No. Quantity 22 3 EA Manhole 48" $ $ (Unit Price Written in Words) 23 1 EA Manhole 60" $ $ (Unit Price Written in Words) 24 1 EA Manhole 60"—Special Design (Unit Price Written in Words) 25 1 EA 24"Riser Inlet (Unit Price Written in Words) 26 2 EA 36" Curb Inlet (Unit Price Written in Words) 27 2 EA 48" Combination Manhole/Curb Inlet $ $ (Unit Price Written in Words) 28 1 EA Manhole Lid&Frame $ (Unit Price Written in Words) BID PROPOSAL Page 5 BID PROPOSAL COLLEGE STREET& 11TK AVENUE ROUNDABOUT Item Estimated Unit Description Unit Price Total Price No. Quantity 29 1,228.5 SQYD Concrete Sidewalk—4" (Unit Price Written in Words) 30 89 SQYD Concrete Sidewalk—6" (Unit Price Written in Words) 31 164.3 SQYD Concrete Median Cap (Unit Price Written in Words) 32 28.8 SQYD Detectable Warning Devices (Unit Price Written in Words) 33 512.1 LNFT Concrete Median Curb (Unit Price Written in Words) 34 1,210.7 LNFT Concrete Curb&Gutter (Unit Price Written in Words) 35 965 SQYD Sodding(Includes Topsoil Salvage- Stockpile-Place, and Condition $ $ Seedbed Surface) (Unit Price Written in Words) BID PROPOSAL Page 6 BID PROPOSAL COLLEGE STREET&11Tn AVENUE ROUNDABOUT Item Estimated Unit Description Unit Price Total Price No. Quantity 36 1 LS Landscaping (Unit Price Written in Words) 37 8 CY Rip Rap (Unit Price Written in Words) 38 96 SQFT Retaining Wall (Unit Price Written in Words) 39 6 EA Bollards (Unit Price Written in Words) 40 6 EA Remove & Salvage Luminaires (Unit Price Written in Words) 41 1 LS Electrical (Unit Price Written in Words) 42 20 EA Sign Removal (Unit Price Written in Words) BID PROPOSAL Page 7 BID PROPOSAL COLLEGE STREET& 11TH AVENUE ROUNDABOUT Item Estimated Unit Description Unit Price Total Price No. Quantity 43 48 EA Sign Installation (Unit Price Written in Words) 44 20 EA Flexible Delineators (Unit Price Written in Words) 45 1 LS Pavement Markings (Unit Price Written in Words) 46 1 EA Remove Water Service (Unit Price Written in Words) 47 4 EA Relocate Sprinkler System (Unit Price Written in Words) 48 1 EA Adjust Water Service Line (Unit Price Written in Words) 49 2 EA Adjust Manholes $ $ (Unit Price Written in Words) BID PROPOSAL Page 8 BID PROPOSAL COLLEGE STREET&1ITH AVENUE ROUNDABOUT Item Estimated Unit Description Unit Price Total Price No. Quantity 50 2 EA Adjust Water Valve (Unit Price Written in Words) 51 1 EA Adjust Curb Box $ $ (Unit Price Written in Words) 52 1 EA Adjust Gas Valve $ S (Unit Price Written in Words) 53 1 EA Monument Box (Unit Price Written in Words) 54 3,841 SQYD Geotextile-Stabilization (Unit Price Written in Words) 55 205 SQYD Waterline Insulation (Unit Price Written in Words) 56 2,732 SQYD Asphalt Prime $ S (Unit Price Written in Words) BID PROPOSAL Page 9 BID PROPOSAL COLLEGE STREET&11TH AVENUE ROUNDABOUT 57 2,732 SQYD Asphalt Seal Coat (Unit Price Written in Words) PROJECT BID PRICE: $ (Project Bid Price Written in Words) BID PROPOSAL (cont.) The foregoing unit bid prices shall include all labor, materials, equipment, overhead,profit, insurance, and all incidentals required to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The Bidder agrees that this Bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled opening time. Bidder hereby acknowledges receipt of the following Addenda,which have been considered in preparation of this Bid: Addendum No. Dated Addendum No. Dated Addendum No. Dated BID PROPOSAL Page 10 The undersigned Bidder acknowledges that this information,which was developed by the Engineer, is for design purposes only. The Contractor shall be solely responsible for information required to bid the project. By signing this Proposal, the Contractor acknowledges that he has adequate information independently verified by the Contractor, to prepare and offer this bid. Firm Name: By: (Signature) Title: Business Address: Mont. Contractor's Registration No. Telephone No.: Date: Bid Security Attached: Yes BID PROPOSAL Page 11 BIDDER'S CHECKLIST Please utilize the following Bidder's Checklist before submitting your bid. 1) Original Bid Bond Enclosed? (Personal checks,business checks, and faxed copies are not acceptable.) 2) Bid Proposal: a. Arithmetic Checked? b._ Unit Bid amounts agree with math calculations? c.— All Addenda acknowledged on proposal sheet and cover? d._ Signature portion completely filled out? e._ Bid Proposal intact in Contract Documents DO NOT REMOVE f._ Non-Discrimination Affirmation form completed and signed? 3) Bid Envelope: a._ Addressed properly? (See Article 1 - Bids, Instructions to Bidders) b._ Contains the Contract Documents and Specifications booklet? C. Acknowledged Receipt of Addenda? d. Sealed? 4) Bid Submitted prior to required time at specified location? Be sure to seal your bid. Include project name, bid date/time, contractor name, and acknowledgement of all addenda(by number) on the outside of the bid envelope. Leave all sheets intact in the Contract Documents and Specifications booklet. Return the complete Contract Documents and Specifications booklet. ALL BID DOCUMENTS AND BONDS MUST BE ORIGINALS. NO FAXED COPIES WILL BE ACCEPTED. BIDDER'S CHECKLIST CITY OF BOZEMAN, MONTANA CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: Construction of City of Bozeman College/1Ith Roundabout Separate sealed Bids for Construction of City of Bozeman College/11'h Roundabout will be received by the City Clerk at the office at City Hall, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 p.m. (local time) on Tuesday, March 22, 2011 and then publicly opened and read aloud. Original copies must be submitted- no faxed or electronic bids will be accepted. The physical address is: City Clerk's Office, Suite 102, City Hall, 121 No. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk's Office, Suite 102, City Hall, P.O. Box 1230, Bozeman, Montana 59771. The proposed work consists of the reconstruction of the West College Street and South IIth Avenue intersection, to modify the current four-way stop controlled intersection into a new roundabout. The work includes street excavation, subexcavation, gravel base course, asphalt pavement, Portland Cement Concrete Pavement truck apron, curb and gutter, median islands, sidewalk, storm drain, utility adjustments and relocations, street lighting, topsoil, sprinkler irrigation relocations and sod. All bids must be in accordance with the Contract Documents on file with the City Clerk's Office at City Hall, 121 North Rouse Avenue, Bozeman, Montana, (406) 582-2321 and at the office of Robert Peccia &Associates, 825 Custer Avenue, Helena, Montana, (406) 447-5000. Copies of the Contract Documents for use in preparing bids may be obtained from Robert Peccia & Associates at the address stipulated above upon receipt of a non-refundable deposit of$75.00 for each set of documents including 11" x 17" drawings. There will be a Pre-Bid Conference at the office of the City of Bozeman Engineering Department, 20 East Olive Street, Bozeman, Montana at 10:00 a.m. on Monday, March 14, 2011. Interested Contractors are encouraged to attend. Contractor and any of the Contractor's subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the DLI, PO Box 8011, 1805 Prospect, Helena, Montana 59604- 8011. Information on registration can be obtained by calling (406) 444-7734. Contractor is not required to have registered with the DLI prior to bidding on this project, but must have registered Section 00100 INVITATION TO BID Page I of 2 prior to execution of the Construction Agreement. All laborers and mechanics employed by Contractor or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. Discrimination in the performance of any contract awarded under this invitation on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity's employees and to all subcontracts. Every entity submitting under this invitation must sign and return the required affirmation. Each Bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the total amount of the Bid. Within fifteen (15) calendar days after the Notice of Award, the successful Bidder will be required to furnish a Performance Bond and a Labor and Materials Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the contract. The bonds will each be equal to one-hundred percent (100%) of the contract amount. Work at the site is to commence within ten (10) calendar days after the written Notice to Proceed is issued. Completion of the work is required within sixty (60) calendar days following commencement of the work and no later than August 23, 2011. The project includes liquidated damages that will be assessed as set forth in the Special Provisions per calendar day if the work is not complete within the allotted contract time. No Bid may be withdrawn within a period of 60 days after the date for opening bids which is at 2:00 p.m. (local time) Tuesday, March 22, 2011. The City of Bozeman reserves the right to reject any or all Bids, to waive formalities, to postpone the award of the contract for a period not to exceed sixty (60) days, and to accept the lowest responsive and responsible Bid which is in the best interest of the City of Bozeman. The Contractor is required to be an Equal Opportunity Employer. DATED at Bozeman, Montana, this 281h day of February, 2011. Stacy Ulmen, CMC Bozeman City Clerk Legal Ad Sunday, March 6, 2011 Sunday,March 13, 2011 Section 00100 INVITATION TO BID Page 2 of 2 INSTRUCTIONS TO BIDDERS 1. BIDS a. All bids must be submitted on forms supplied by the Owner(City of Bozeman)and shall be subject to all requirements of the Contract Documents including the Drawings and these Instructions to Bidders.All bids must be regular in every respect and no interlineations, alterations, or special conditions shall be made or included in the Bid Proposal by the Bidder. b. Each Bid Proposal shall include the following Bid Documents: (1)Bid Proposal, (2)Bid Security, and(3) completed and signed Non-Discrimination Affirmation form of which are included in this bound volume of Contract Documents. The entire Contract Documents bound volume shall be included with the Bid Proposal. The Bid Proposal shall be enclosed in an envelope which shall be sealed and clearly addressed as follows: Addressed to: City of Bozeman Clerk of Commission City Hall 121 N.Rouse Ave. P.O.Box 1230 Bozeman, Montana 59771-1230 Mark lower left-hand corner of your envelope as follows: Project Name: College & IIth Street Roundabout Bid Date\Time: March 22,2011 \2:00 P.M. Contractor Name: Acknowledge Receipt of Addendum No(s): C. Bids will be written in ink and/or typewritten on bid forms furnished herewith. The blank spaces on the forms must be filled in correctly for each item, and the bidder must state the price (written both in words and numerals) for which he proposes to do each item of work contemplated. All Bid Proposals must be totaled and, in the case of errors or discrepancies, the item prices written in words shall govern. d. Erasures or corrections must be initialed by the Bidder in ink. e. Bids must be signed by a proper representative of the firm submitting the bid. Proper representatives are the principal of a singly owned firm, a principal of a partnership firm, and an officer or authorized agent of an incorporated firm. f. Any Bidder may modify his bid by faxed communication at any time prior to the scheduled closing time for receipt of bids. The communication should not reveal the bid price but should provide the addition or subtraction from the original proposal.Bid modifications must be verified by a signed document in writing, submitted by mail. This written confirmation is to be received within two working days following the bid INSTRUCTIONS TO BIDDERS Page I opening or no consideration will be given to the modification. Oral proposals or modifications will not be considered.Proposals carrying riders or qualifications may be rejected as irregular. g. Contract Documents may be viewed at the following locations: Robert Peccia&Associates City of Bozeman, City Clerk 825 Custer Avenue 121 N.Rouse Ave. Helena,MT 59601 Bozeman, MT 59771 Phone: (406)447-5000 Phone: (406) 582-2321 Northwest Montana Plans Exchange Great Falls Builders Exchange 2303 Highway 2 East 202 2"d Avenue South Kalispell,MT 59901 Great Falls,MT 59405 Phone: (406) 755-5888 Phone: (406)453-2513 Missoula Plans Exchange Bozeman Builders Exchange 201 North Russell 1105 Reeves Road West, Suite 800 Missoula,MT 59801 Bozeman, MT 59718 Phone: (406) 549-5002 Phone: (406) 586-7653 Butte Builders Exchange P.O. Box 4136 305 W.Mercury Ste.401 Butte,MT 59702 Phone: (406) 782-5433 2. BID SECURITY The Bid must be accompanied by a Bid Security which shall not be less than 10 percent of the amount of the bid. At the option of the Bidder, the security may be in the form of a cashier's check, certified check, bank money order, or bank draft drawn and issued by a national banking association located in the State of Montana or by any banking corporation incorporated under the laws of the State of Montana or Bid Bond (EJCDC C-430) executed by a surety corporation authorized to do business in the State of Montana. No bid will be considered unless it is accompanied by the required guaranty. Cashier's checks, certified checks, bank money orders, or bank drafts must be made payable to the City of Bozeman. The Bid Security shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents. Should the Bidder fail to furnish the properly executed Performance Bond, Labor and Material Payment Bond, Acknowledgement and Certification of Insurance Requirements, Insurance Certificates, and signed Agreement within the time specified, he/she shall forfeit this Bid Security to the Owner. The Bid Security (negotiable instruments other than bonds) will be returned to unsuccessful Bidders when the successful Bidder has signed the Agreement and furnished satisfactory Performance and Labor and Material Payment Bonds, Acknowledgement and Certification of Insurance Requirements, and Insurance Certificates. At the option of the Owner, bid security with bids that are not competitive may be returned prior to signature of the Agreement. Revised Bids submitted before the opening of bids, if representing an increase in the original bid, must have the Bid Security adjusted accordingly; otherwise, the bid will not be accepted. INSTRUCTIONS TO BIDDERS Page 2 If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form (EJCDC C-430) bound herewith. 3. INTERPRETATIONS AND/OR ADDENDA All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the Bidding Documents. Questions received less than ten 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. It shall be the responsibility of the Bidder to obtain such Addenda prior to submitting his proposal, and to acknowledge receipt of all addenda issued in the Bid Proposal. 4. EXAMINATION OF CONTRACT DOCUMENTS AND CONDITIONS OF WORK SITE a. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts,errors or discrepancies in the Contract Documents. 1. Each Bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to construction and labor, and should fully inform himself as to the facilities involved, and the difficulties and restrictions attending the performance of the Contract. In submitting a bid for this project, the Bidder is thereby acknowledging that he is capable of performing the specified work on the site. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specifications, and all other Contract Documents, and shall verify the accuracy of the estimated quantities in the Bid Proposal.Failure to do so will not relieve the successful Bidder of his obligations to carry out the provisions of this Contract. 2. The submission of a Bid will constitute a representation of familiarization by the Bidder. There will be no subsequent financial adjustment for lack of such familiarization. b. The Contractor may refer to the following for information regarding site conditions: 1. Those reports, if any, of explorations and tests of subsurface conditions at the site which have been prepared by the Owner and are included as part of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction. 2. The existing surface and subsurface conditions which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. C. Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer INSTRUCTIONS TO BIDDERS Page 3 by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. d. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02 and 4.03 of the General Conditions. e. Before submitting a Bid, each Bidder will, at Bidder's own expense,make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions(surface,subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other items and conditions of the Contract Documents. f. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. g. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto are designated for use by Contractor in performing the Work. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. h. The submission of a Bid will constitute 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 Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. WITHDRAWAL OF BIDS Bids may be withdrawn at any time prior to the scheduled closing time for the receipt of bids if through written confirmation or in person. The Bid Security of any Bidder withdrawing his bid in accordance with the foregoing conditions shall be returned promptly. No bids shall be withdrawn for a period of 60 days after the scheduled closing time for receipt of bids. 6. METHOD OF AWARD a. Award of the contract shall be to the lowest qualified Bidder whose total base bid or the lowest combination of base bid and additive alternate bid(s), taken in consecutive order,(if within the funds available) is the lowest bid for the work. b. If such lowest bid exceeds the budget,the Owner may reject all bids. INSTRUCTIONS TO BIDDERS Page 4 C. The Owner reserves the right to reject any or all bids or to waive any irregularity or informality in any bid received. d. Unless otherwise stated in the Special Provisions, all contracts will be awarded in conformance with the laws of the State of Montana. Pursuant to Section 18-1-102, Montana Code Annotated, the Owner, in awarding public contracts for construction,repair, and public works of all kinds, shall award such contract to the lowest responsible Bidder without regard to residency. However, a resident bidder must be allowed a preference on a contract against the bid of any non-resident bidder from any state or country that enforces a preference for resident bidders. The preference given to resident bidders of this state must be equal to the preference given in the other state or country. e. The Owner may make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Agreement and to complete the Work contemplated therein. 7. PRE-AWARD CONFERENCE The Bidder submitting what appears to be the lowest qualified bid may be required to meet with the Owner and the Engineer prior to the award of the contract for the purpose of discussing pertinent details pertaining to the proposed Work. The following points will be considered in particular: a. The Contractor's organization and equipment available for work and the Contractor's proposed sources of materials or installed equipment. b. Contractor's financial status and capability to execute the contract. C. The Contractor's proposed schedule of operations. d. The interpretation of the Specifications. e. The Contractor's proposed wage rates for use on the project. f. Bidder status concerning responsibility. g. Approval of subcontractors. h. Unbalanced bids, either in excess or below the reasonable cost analysis value. Should the conference indicate that the Contractor does not appear to be in a position to properly undertake the Work or that he has not properly familiarized himself with the Plans and Specifications,the Owner reserves the right to reject the bid of this Contractor and to consider the next Bidder. 8. EXECUTION OF AGREEMENT a. Subsequent to the award and within 15 days after the date of the Notice of Award, the successful Bidder shall execute and deliver to the Owner an Agreement, the Performance INSTRUCTIONS TO BIDDERS Page 5 Bond, Labor and Material Payment Bond, Insurance Certificates with the Acknowledgment and Certification of Insurance Requirements form, and an Approval of Subcontractors form in such number of copies as the Owner may require. The standard Agreement form as issued by the Owner shall be used as the contracting instrument. b. The Agreement form shall be signed in longhand by the proper representatives of the contracting firm as follows: 1. The principal of the single-owner firm. 2. A principal of the partnership firm. 3. An officer of the incorporated firm, or an agent whose signature is accompanied by a certified copy of the resolution of the Board of Directors authorizing the agent to sign. 4. Other persons signing for a single-owner firm or a partnership shall attach a Power of Attorney evidencing his authority to sign for that firm. C. The Owner within 10 days of receipt of acceptable Performance Bond, Labor and Material Payment Bond, required Insurance Certificates with the Acknowledgement and Certification of Insurance Requirements form, and Agreement signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the Bidder may by written notice withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. 9. PERFORMANCE,LABOR AND MATERIAL PAYMENT BONDS AND INSURANCE a. The Owner will require the successful Contractor to furnish a Performance Bond (EJCDC C-610) in the amount of 100 percent of the contract price as security for the faithful performance of his Contract. b. The Owner will require the successful Contractor to furnish a Labor and Material Payment Bond (EJCDC C-615) in the amount of 100 percent of the contract price as security for the payment of all persons performing labor and furnishing materials in connection therewith. C. The bonds will be signed by the Attorney-in-fact and countersigned by a Montana Resident Agent. d. Prior to beginning work, Insurance Certificates as proof of insurance coverage shall be filed with the Owner, along with a signed copy of the Acknowledgement and Certification of Insurance Requirements form. The specifications for the Workers' Compensation, Commercial General Liability, Separate Owner's and Contractor's Protective Policy, and other related insurance are listed in these Contract Documents. 10. POWER OF ATTORNEY a. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney. INSTRUCTIONS TO BIDDERS Page 6 b. One original shall be furnished with each set of bonds. C. Additional copies furnished with a set of bonds may be copies of that original. 11. LABOR AND WAGES a. For projects in excess of$25,000 let for state work, the Contractor(s) shall 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 in the county or locality in which the work is being performed(18-2-403,Montana Code Annotated). b. On any state construction project funded by state or federal funds, except a project partially funded with federal aid money from the United States Department of Transportation or when residency preference laws are specifically prohibited by federal law and to which the state is a signatory to the construction contract, each Contractor shall ensure that at least 50 percent of the Contractor's workers performing labor on the project are bona fide Montana residents,as defined in 18-2-401,Montana Code Annotated(MCA) (18-2-409,MCA). C. Montana Prevailing Wage Rates. The Montana Commissioner of Labor and Industry has established the standard prevailing rate of wages in accordance with 18-2-401 and 18-2- 402, Montana Code Annotated. A copy of the wage rates are bound herein. It is the Contractor's responsibility to determine whether the "heavy or highway" wage rates apply to this project,or portions of this project. d. The Contractor shall classify all workers on the project in accordance with the Department of Labor Wage Rate Determinations. In the event the Contractor is unable to classify a worker in accordance with these rates,the Contractor shall contact the Department of Labor and Industry, Labor Standards Bureau, P.O. Box 6518, Helena, Montana 59604, for a determination of the prevailing wage rate to be paid that particular worker. e. Should the prevailing rate of wages change during the life of the contract, the wage rates included in the Contract Documents at the time of the bid opening shall be the prevailing wage rate for the life of the contract. f. Section 18-2-406, Montana Code Annotated, provides that Contractors, subcontractors, and employers who are performing services under public works contracts as provided in this part shall post in a prominent and accessible site on the project or work area,not later than the first day of work, a legible statement of all wages to be paid to employees on such site or work area. g. 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. h. Any notice of infraction of the labor laws of the State of Montana received by the Owner or Engineer will be forwarded to the State of Montana, Department of Labor and Industry, Helena,Montana. i. Copeland (Anti-Kickback) Act -Nonrebate of Wages. The regulations of the Secretary of labor applicable to contractors and subcontractors (29 CFR, Part 3), made pursuant to the INSTRUCTIONS TO BIDDERS Page 7 Copeland Act, as amended (40 U.S.C. 276c) and to aid in the enforcement of the Anti- Kickback Act (18 U.S.C. 874) are made a part of this Contract by reference. The Contractor will comply with these regulations and any amendments or modifications thereof and the prime Contractor will be responsible for the submission of affidavits as required by subcontractors thereunder. The foregoing shall apply except as the Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions. j. Contract Work Hours and Safety Act. The regulations of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330), as supplemented by the Department of Labor Regulations (29 CFR Part 5) are made a part of this Contract by reference. The Contractor and his subcontractors on construction projects and certain other types of projects must pay an overtime rate of one and one-half times the basic hourly rate subject to the requirements of this Act and supplemental regulations. (40 hours a week is the basis for computing the hourly rate.) Contractors must provide safe and healthy work surroundings and conditions. k. Safety Training. Contractor shall comply with the Occupational Safety and Health Act (OSHA). 12. EQUAL EMPLOYMENT OPPORTUNITY Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, national origin, sex, marital status, age, or political ideas. Bidders on this work will be required to comply with the President's Executive Orders No. 11246 as amended, 1145 8, 11518, and 11625. In addition, Bidders on this work will be required to comply with City of Bozeman Commission Resolution No 4250, in which the Contractor agrees not to discriminate in the fulfillment of this Agreement on the basis of race,color,religion, creed, sex, age,marital status,national origin,or actual or perceived sexual orientation, gender identity or disability. The Contractor agrees this requirement shall apply to the hiring and treatment of the Contractor's employees and to all subcontracts. Each Bidder shall complete and sign the Non-Discrimination Affirmation Form contained within the _Biddinu Documents. 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. 13. DISADVANTAGED BUSINESS ENTERPRISES The Owner, in accordance with Title VI of the Civil Rights Act of 1964,hereby notifies all Bidders that the (Bidders) must affirmatively ensure that in any contract entered into pursuant to this invitation, disadvantaged (minority) business enterprises will be afforded full opportunity to submit Bids in response to this invitation and will not be discriminated against on the grounds of sex, race, color, or national origin in consideration for award. 14. MONTANA CONTRACTOR'S TAX(GROSS RECEIPTS TAX) All Bidders are reminded that a Gross Receipts Tax in the amount of 1 percent of the total bid will be withheld from all payments, for projects over $5,000.00, due to Contractor pursuant to Section 15-50- 205,MCA. INSTRUCTIONS TO BIDDERS Page 8 15. TIME FOR RECEIVING BIDS Bids received prior to the advertised time of opening will be securely kept sealed.The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. 16. OPENING OF BIDS At the time and place fixed for the opening of bids, the Owner will cause to be opened and publicly read aloud every bid received within the time set for receiving Bids, irrespective of any irregularities therein. Bidders and other persons properly interested may be present,in person or by representative. 17. PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work, or in the development of the project. Such records will contain the name and address of each employee, his correct classification, rates of pay, daily and weekly number of hours worked, deductions made,and actual wages paid. In addition, the Contractor will submit weekly a copy of all payrolls to the Owner and Engineer. The copy shall be accompanied by a certification signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Montana Department of Labor and Industry, and that the classifications set forth for each laborer or mechanic conform with the work he performed. The prime Contractor will make the record required under the labor standards clause of the Contract available for inspection by authorized representatives of the Owner and the Montana Department of Labor and Industry and will permit such representatives to interview employees during working hours on the job. Payroll reports and certificates of compliance shall be submitted to the Owner and Engineer prior to or with each Payment Request. The conies sent to the Owner and Engineer are for archive purposes only, because neither the Owner or Engineer are trained in the interpretation of payroll reports, and thus will rely on the Contractor's certification that all employees are being classified and paid appropriately. 18. BUY AMERICAN REQUIREMENTS The Contractor agrees that preference will be given to domestic construction material by the contractors, subcontractors,materialmen,and suppliers in the performance of this Contract. a. Domestic Preference. Domestic construction material must be used in preference to non- domestic materials if it is priced no more than 6 percent higher than the Bid or offered price of the non-domestic materials including all costs of delivery to the construction site, including any applicable duty, whether or not assessed. Computations will normally be based on costs on the date of opening Bids or Proposals. b. Waiver. The Owner may waive the Buy-American provision based upon those factors that it deems relevant,including: (i) Such use is not in the public interest; INSTRUCTIONS TO BIDDERS Page 9 (ii) The cost is unreasonable; (iii) The available resources of the Owner are not sufficient to implement the provision; (iv) The articles, materials, or supplies of the class or kind to be used or the articles, materials, or supplies from which they are manufactured and not mined,produced, or manufactured in the United States in sufficient and reasonable available commercial quantities or satisfactory quality for the project; or (v) Application of this provision is contrary to multilateral government procurement agreements. 19. MONTANA PRODUCTS PREFERENCE Pursuant to Montana Code Annotated, in performing its duties under this Agreement, Contractor shall use products, materials, supplies, and equipment manufactured or produced in Montana by Montana industry and labor if such products, materials, equipment, and supplies are comparable in price, quality, and performance. 20. MAINTENANCE OF RECORDS Contractor shall maintain all required records for three years after the Owner makes final payment and all other pending matters are closed. 21. NOTICE TO PROCEED The Notice to Proceed will normally be issued within 30 days of the execution of the Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual written agreement between the Owner and Contractor. 22. CONTRACT TIME The numbers of days within which the Work is to be substantially completed (the Contract Time) is 60 Calendar Days, and by no later than August 23 2011. 23. LIQUIDATED DAMAGES Liquidated damages will be as set forth in the Special Provisions. 24. MONTANA CONTRACTOR'S REGISTRATION Contractor and any of the Contractor's subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the DLI, PO Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling(406)444-7734. Contractor is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. 25. PRECONSTRUCTION CONFERENCE INSTRUCTIONS TO BIDDERS Page 10 A preconstruction conference may be held at a date to be established, and at a time and place mutually agreed to by the parties. 26. NOTICE OF ALTERNATIVE BILLING,APPROVAL,AND/OR PAYMENT CYCLE This section supersedes the section of the Special Provisions entitled "Payments to Contractors", to allow for a payment billing, approval, and/or payment cycle that is longer than that provided by MCA 28-2- 2103 as amended on October 1, 2003. Notice of Alternate Billing Cycle No change to MCA 28-2-2103. This contract provides for a monthly billing cycle as discussed in the Special Provisions. Notice of Extended Pavment Provision This contract allows the Owner to make payment within 21 calendar days after approval of the payment request, instead of the seven(7) days provided for in MCA 28-2-2103. INSTRUCTIONS TO BIDDERS Page 11 SECTION II BIDDING DOCUMENTS BID PROPOSAL City of Bozeman City Clerk Office, City Hall 121 N. Rouse Ave. Bozeman,MT 59715 Ladies and Gentlemen: The undersigned, having familiarized himself with the conditions of the work and the contract documents,agrees to furnish all labor,materials, equipment and services necessary to complete all general construction work, as bid herein, for a project entitled College& 11th Street Roundabout in accordance with the contract documents,including all Addenda. The undersigned Bidder hereby agrees to commence work under this contract on the date to be specified in a written Notice to Proceed from the Owner and to fully complete the project within the following specified times thereafter as stipulated in the Specifications. Time is of the essence in completing this project. Bidder further agrees to pay liquidated damages for each consecutive day work continues past the contract time. Liquidated damages will be the sum as specified in the Special Provisions plus reimbursement for engineering services per consecutive calendar day the work continues past the contract time. The work shall be completed within the allotted contract times as specified in the Special Provisions. The undersigned Bidder hereby certifies that: 1)this Bid is genuine and is not made in the interest of, or in the behalf of, any undisclosed person, firm, or corporation,and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; 2)he has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid; 3)he has not solicited or induced any person, firm or corporation to refrain from bidding; and.4)he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. The undersigned Bidder agrees to provide or perform as follows: BID PROPOSAL Page I BID PROPOSAL COLLEGE STREET & 11TH AVENUE ROUNDABOUT Item Estimated Unit Description Unit Price Total Price No. Quantity 1 1 LS Mobilization,Bonding,Insurance& oa 00 Submittals (May not exceed 5%of S 31,5;00` $ G� Bid Price) 'Tfiil'/y T� Tlvkty�,cl F'✓,[tom I+GhO� Q.114MS Nkc/ Zell CC+,/7 (Unit Price Written in Words) 2 1 LS Construction Surveying,Staking& mo 00 Material Testing $ So $ 3 7A/Jc9oe TA-44No/One 11m /ar ro Zeills nit Price Written in Words) 3 1 LS Traffic Control oo N�.�e1Twnffenc/%�f;fi�•Doers 4w/zub rN73 (Unit Price Written in Words) 4 1 LS Erosion Control&Permits 00 oa $ $ o00 T4rtit T�vAs4kG/�a// ghclZr•-oCPN (Unit Price Written in Words) 5 18 EA Remove Trees o 00 $ !!D $ I�g80 r Daa 00/14,15 god ziry cem-6 (Unit Price Written in Words) 6 1 EA Remove Structure 00 /{-wl' W LLOo//urs Rwk( ZZ►"o GN CT3 (Unit Price Written in Words) 7 1,145 CY Street Excavation(Includes Clearing, oo vo Grubbing,Embankment, Saw $ d1s` $ Cutting,Removal of Existing Bituminous Pavement, Sidewalk, TweM/yf/va De//ass kNh/Zero Cinf Curb and Gutter and Disposal) (Unit Price Written in Words) BID PROPOSAL Page 2 BID PROPOSAL COLLEGE STREET&11T11 AVENUE ROUNDABOUT Item Estimated Unit Description Unit Price Total Price No. Quantity 8 2168 CY Subexcavation 6 0 E,�lfec•. Ob�l4r} �k�Zero �e.n� (Unit Price Written in Words) 9 578 CY Crushed Base Course 1-1/2"Minus oo ao $ a� � $ 15,611� -rweoi j Seerti po1/Frs g Ztro Ccn7� (Unit Price Written in Words) 10 605 TONS Plant Mix Bituminous Surfacing oa o0 Commercial Type B,PG 64-28 $ 75 (Includes,Tack,Asphalt Cement, and Hydrated Lime) Se'ti F% Tars �k�Zcrv4H�3 (Unit Price Written in Words) 11 374 SQYD Portland Cement Concrete Pavement eo eo 9"Colored&Patterned $ 5' $ ntr111y FrVt 01l14r3 q.c/Ite- Ce,4.6 nit Price Written in Words) 12 2,318 CY Special Borrow $ -r, wiy 10oIItirs anr./zero Cem/5 ( nit Price Written in Words) 13 12.7 CY Flowable Fill lek$ 1,00 $ 170•� OneHcake/rec1 aloe% aile/Zarb (�NlS (Unit Price Written in Words) 14 323 LNFT Remove Storm Drain .1 10 $ $ 7-we rt Aes ga2ee, O*A (TJnit Price Written in Words) BID PROPOSAL Page 3 BID PROPOSAL COLLEGE STREET&11TR AVENUE ROUNDABOUT Item Estimated Unit Description Unit Price Total Price No. Quantity 15 2 EA Remove Manholes 2,0 co $ �� OD— $ oD0 lr�TflHIlNgN,'r��o��4/S a� Z�2�PHTS (Unit Price Written in Words) 16 3 EA Remove Curb Inlets nO eo $� $ i wo l rah Se,-ry�F/see (yd� Ake/ Zed em/r (Unit Price Written in Words) 17 10 LNFT 8"PVC Storm Drain Pipe oo ,o $ A46 -- $ ,�60 Twun/Sr' pa//rs aM�Zrro CrN nit Price Written in Words) 18 120 LNFT 12"PVC Storm Drain Pipe ea $ _ $ Ahlk ,7rro Cuff (Unit Price Written in Words) 19 140 LNFT 15"PVC Storm Drain Pipe ,o •a $ 3y" $ y 70 TNr N/Y/b'N/ 0,4G IB GMGI �I7a �N nit Price Written in Words) 20 38 LNFT 18"PVC Storm Drain Pipe oo $ 5Y — $ 1,os' Ztry cexl; (Unit Price Written in Words) 21 62 LNFT RCP 18"Class 3 Storm Drain Pipe o0 oa $ 3,114 _ F,ffv f'vr Do/�rs ",►l Zrry Ce , (Unit Price Written in Words) BID PROPOSAL Page 4 BID PROPOSAL COLLEGE STREET& 11TH AVENUE ROUNDABOUT Item Estimated Unit Description Unit Price Total Price No. Quantity 22 3 EA Manhole 48" ylrt TboktaNcl Qv//.rs QHc/Zia Cr.,.�s (Unit Price Written in Words) 23 1 EA Manhole 60" oo ,o $ 3,5W ✓C gk,,Wee po�%r ,Ze/y r,f (Unit Price Written in Words) 24 1 EA Manhole 60"—Special Design oo Tl„Y'�.�rX�'f/4,,r./rr./ i0o/lcrs GN�zero 1j (Unit Price Written in Words) 25 1 EA 24"Riser Inlet o0 $ $ g4D°o E��� Q-Ae ;4y1.Zem Ce46 (Unit Price Written in Words) 26 2 EA 36" Curb Inlet $ 1,166� $ 3 .%ag 5iX06 114mdml 0.,14 f 44,1 ztr-CIP-6 (Unit Price Written in Words) 27 2 EA 48"Combination Manhole/Curb 20 o0 Inlet 7w-'j o,(r a-1 D•/1or3 gNc/7rry Cew1i (Unit Price Written in Words) 28 1 EA Manhole Lid&Frame S;e gr+�Lb//ow sK�.Ztro CeMI (Unit Price Written in Words) BID PROPOSAL Page 5 BID PROPOSAL COLLEGE STREET&11TH AVENUE ROUNDABOUT Item Estimated Unit Description Unit Price Total Price No. Quanti 29 1,228.5 SQYD Concrete Sidewalk—4" 00 oO I W,1 E&W Vell4 -,4 C Nf ni Price Written in Words) 30 89 SQYD Concrete Sidewalk—6" OD 1Ja $ 5 Fer��' �•"� ,Oo/ors tiNr.� zav �{rz�' (Unit Price Written in Words) 31 164.3 SQYD Concrete Median Cap mo 00 $ 30� $ y 2 71,;r po//ars Waal ztro CrM7�' (Unit Price Written in Words 32 28.8 SQYD Detectable Warning Devices oo eo $ 7 $ 7 9AO Twv /{wF�Mar�SrvtN� F ✓E �o��Ars Ntir./ Z•� Ce./I (Unit Price Written in Words) 33 512.1 LNFT Concrete Median Curb + f 0-//a i gmcl 2c✓o Cemi (Unit Price Written in Words) 34 1,210.7 LNFT Concrete Curb &Gutter o 6S $�-_ $ - N•'IG 0.44 S od f"& CeH6 (Unit Price Written in Words) 35 965 SQYD Sodding(Includes Topsoil Salvage- ao GD Stockpile-Place, and Condition $ $ �� 6/5 Seedbed Surface) El{yen &//rs wel CeM6 (Unit Price Written in Words) BID PROPOSAL Page 6 BID PROPOSAL COLLEGE STREET& 1ITa AVENUE ROUNDABOUT Item Estimated Unit Description Unit Price Total Price No. Quantity 36 1 LS Landscaping o0 00 �i�¢ /ycli5u+c� ���u/S 4ti�Zt� C2i1fS (Unit Price Written in Words) 37 8 CY Rip Rap oo bo $ V- $ 760 hliely,Q� Q46 R v/zero CeN (Unit Price Written in Words) 38 96 SQFT Retaining Wall cc �o Toe S& V-114rs 5n�.�Zt/v CehfS (tJnit Price Written in Words) 39 6 EA Bollards 0o co $ y50 $ 00 Foa/` 11ur.Llr��/ Ff Ae/f4rs aNc� Zero (Unit Price Written in Words) 40 6 EA Remove&Salvage Luminaires 00 00 S4 ll Ooll5 4w/2" 6KI3 (Unit Price Written in Words) 41 1 LS Electrical o0 00 $ y5;aoo — $ poo " /_orly�l✓t��IAl.,S4�Qo�(q/� ahcl Z eJb CeN (Unit Price Written in Words) �.. 42 20 EA Sign Removal 00 00 E�y�fy ,Doers tiN�Z�� CeafS (Unit Price Written in Words) BID PROPOSAL Page BID PROPOSAL COLLEGE STREET&11Tu AVENUE ROUNDABOUT Item Estimated Unit Description Unit Price Total Price No. Quantity 43 48 EA Sign Installation c a cv fv'w 94 oel"V O��l rs gwJ Zero Ce4 (Unit Price Written in Words) 44 20 EA Flexible Delineators oo 6 $ 68 $ 1,3� S;xry s�f D,114xs 4,d zaa Cep nit Price Written in Words) 45 1 LS Pavement Markings 00 00 $ q9T $ DoD — f rly N',C I l olwl+Nf1Uo1441s 4Kr12tra -eh/S (Unit Price Written in Words) 46 1 EA Remove Water Service eo 00 SS 0 "` Fi'✓c //aholrel F.'Ply polls gNcl 2 er'o Ceo�s (Unit Price Written in Words) 47 4 EA Relocate Sprinkler System $ _ $ 8 avo Two 7A*&3 fisd &14,s gN�ZrYo Cif (Unit Price Written in Words) 48 1 EA Adjust Water Service Line ,o 60 e� A,549 TwC�tNFYf/�NNpfrru Qd�f4�S Ah.�Ztro (Unit Price Written in Words) 49 2 EA Adjust Manholes co eo 7wn#,,„4?e, F'7 �A, 9W Ze/o CiX (Unit Price Written in Words) BID PROPOSAL Page 8 BID PROPOSAL COLLEGE STREET& 11TH AVENUE ROUNDABOUT Item Estimated Unit Description Unit Price Total Price No. Quantity 50 2 EA Adjust Water Valve o0 00 OK��ukd►��/ry (Unit Price Written in Words) 51 1 EA Adjust Curb Box $ 7.1" Staa1� f� D�/ors o►r,�' pro CeH�s nit Price Written in Words) 52 1 EA Adjust Gas Valve 00 &0 One A~1r/�/7,eH 0o//46 gsvlzCro CAWA (Unit Price Written in Words) 53 1 EA Monument Box do oo $ 3S0 � $ 35"O r 'A"Ie IV44/4"k ooArs Qw/Zw 6e- (Unit Pric Written in Words) 54 3,841 SQYD Geotextile-Stabilization go go 0►,� Qo/tor 4mc/ Alln& Cekl (Unit Price Written in Words) 55 205 SQYD Waterline Insulation da o0 $ qs ^ $ it y7 N F`e Op/l�s 4Nt�zdb Comb (Unit Price Written in Words) 56 2,732 SQYD Asphalt Prime ° $ yz� $ �wkr Oel GNc!TJ.�►/, 47k CPm (Unit Price Written in Words) BID PROPOSAL Page 9 BID PROPOSAL COLLEGE STREET&11T"AVENUE ROUNDABOUT 57 2,732 SQYD Asphalt Seal Coat $ 5S $3,G6D (Unit Price Written in Words) PROJECT BID PRICE: $ 5�,, 7 7 S%x Naar lr Fr''J Iwo Aw!Kw/ Szycy AmAl For 15rrzy A,1�ars a"V (Project Bid Price Written in ords) BID PROPOSAL(cont.) The foregoing unit bid prices shall include all labor,materials, equipment, overhead,profit, insurance, and all incidentals required to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The Bidder agrees that this Bid shall be good and may not be withdrawn for a period of sixty(60) calendar days after the scheduled opening time. Bidder hereby acknowledges receipt of the following Addenda,which have been considered in preparation of this Bid: Addendum No. Dated Addendum No. 2 DatedJ — ZZ—t/ ')'17 Addendum No. Dated BID PROPOSAL Page 10 The undersigned Bidder acknowledges that this information, which was developed by the Engineer, is for design purposes only. The Contractor shall be solely responsible for information required to bid the project. By signing this Proposal,the Contractor acknowledges that he has adequate information independently verified by the Contractor,to prepare and offer this bid. Firm Name: / 1 By: Z vl��x (Signature) Title: QOVO Business Address: SfWO Mont. Contractor's Registration No. ldtjQ9 Telephone No.: 7 _68✓?Z- Date: Bid Security Attached: Yes BID PROPOSAL Page 11 SNOI.LIQAIOD WdaNao III NOIZ31S •panaasa.a slggu m •JQJf3 ao}sA33u!Su3 luuotssajold JO:galaoS lauolleu LOOZ OO 1921lSdoj 1ae.alu03 uollanalsuoj ayl}o suoglpu03 1unuag p-lupuuls OOL-3 o4Jf3 3.L illSM SNOI.I.VDMD3dS NOI.LDf1 USNOD Xq pos iopuH S2I33INIIDNH-ivmoISS3302Id 30 lu3I,30S-ivxoli VN a y,fo uorsratQ"11on.t j Y 33I,LDV'Id 3ldARId I II S2I33MON9"IVXOISS330'Id S2I33MONg-HM310 YU91DOS NVDFI3WV d0RI3WV 30 SdolDvIdimOo-TvIdgmHo(191 VIDOSSd S3INVdJNOD 9M2I39NIONI 30"IIDI nOD NV0Ri3Wd eapaeid gJaANd w staaurBu3 leuorssa/oJd - S,1aaU1fiU3 JIAI�10 3sy saaoutou31euols6a;0Jd 10 Appog Ieuoi;eN �(la�aog ueoiaauad Al1Y011M1 .\` �� 1\IYf � .il ., ,, •,�1,i. 14. l Xq Xlluiof Paus!Ignd PuL ponssI pue HHI LIIVIV03 Si Slawflaou .LOdHI. No3 .LNior SUHINI9N3 Xq paredoid ,L3VH LN03 NOI1.3flH LSN03 :4H�L AO SNOI.LIUNOD r]vH2lN:49 (IHIVUKVV,LS •suoiiejn3a-d pue smu-I�utjjoiiuoo agi pue ioafoid palelduuamoo agi 3o sooueisumouo.lujnoiuud agi of paidepe oq pings ivamnoop stg_, •uoueogipoui io asn sii of ioadsa.i grim p 2wnooua si Xatuoiiu uu giim uotiuilnsuoo :saauanbasuoo 1e3al iumiodmi seg iuoumoop sigL •panaasaa slyS!a RV •JQJf3 aoj sJ33ulSu3!euo!ssa;oad;o.yalaoS!euopcN LOOZ©ly8!jSdoj Wea;uoj uol;an-i;suoJ ay;;o suop.puo,7!uaaua0 paupuu;S OOL-O JQJf3 'gdSrq Aq lgauaq aiotp aoj isn n ut plod puu suopezutugao Suuosuods DQJfg moj atp Aq Apuiof paumo s►juatunoop J(jDfg sap aol IgEpAdoo ogjL c a0'7t e'MMAI 811£-8bS (£OL) 80££-IOZZZ VA `uolSu?ljV`Oot almS `paunalnog uoslIM 00£Z eouatuV 3o saoloualuo,g luaau00 paluioossV ao•aase•mMm £ZLZ-8t�S (008) 00t,t,-161OZ VA`uo;sag`anuQ Ilag aapuuxaiV 1081 sa3aut8ug ltATD JO AjaiooS uuotaatttV na0•333e•MM.A VLtL-Lt,£ (ZOZ) SOOOZ JQ`uol2unlsuM •M*M jaauS qlg I S 101 satuedutoD SuuaautRug 3o l►ounoD uuopautV 9.10'0 SLt•MALAA Z88Z-t,89 (COL) t,6LZ-t,I£ZZ VA` upuuxald`133JIS But}l OZb I saaautgug leuOlssD3oad Jo A30130S luuoiluN LOOZ O3 jgOpMoD •(uolIipg LOOZ`008-3 DGM) suotltpuoD fjeluautalddnS jo uoileaudaad atp of optn[) Das `suotlipuoD AaujuautalddnS 3o uoijuaudatd atp ut aouupm8 aoj '(uotlipg LOOZ `t00-D Dmfg) swaumooa uotiona;suoD JaJfg atp of aptn[) 3AtIuaauN atll u►pauieluoo aau a2usn amatp Sutu.taouoo sivauttuoD •aaqio Dip ut aftutlo u a;ujissaoau Amu Duo ut asutgo u puu pajulaaaalui aae suotstnoad ataq L •(suollipg LOOZ `5Z9-3 ao OZS-D DGM) 1013MIuOJ puu aaump uaam;ag Ju3utaaa2V Jo stuao3 pajsDSSnS atp pm osn ao3 paaudaad uaoq anuq suoi;rpuoD luaauaf) aSQgJL 1 I I 1 9.03 Project Representative:...............................................................................................................38 9.04 Authorized Variations in Work..................................................................................................38 9.05 Rejecting Defective Work 38 I 9.06 Shop Drawings, Change Orders and Payments..........................................................................38 1 9.07 Determinations for Unit Price Work..........................................................................................39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work.....................39 1 9.09 Lunitations on Engineer's Authority and Responsibilities........................................................39 1 9.10 Compliance with Safety Program...............................................................................................40 Article 10-Changes in the Work; Claims .....................................................................................................40 I 10.01 Authorized Changes in the Work...............................................................................................40 10.02 Unauthorized Changes in the Work...........................................................................................40 1 10.03 Execution of Change Orders.......................................................................................................41 10.04 Notification to Surety..................................................................................................................41 1 10.05 Claims..........................................................................................................................................41 i Article 11 -Cost of the Work; Allowances; Unit Price Work.......................................................................42 1 11.01 Cost of the Work.........................................................................................................................42 1 11.02 Allowances..................................................................................................................................45 11.03 Unit Price Work..........................................................................................................................45 Article 12-Change of Contract Price; Change of Contract Times...............................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Times..........................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13 -Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................48 1 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 ( 13.03 Tests and Inspections..................................................................................................................48 ( 13.04 Uncovering Work........................................................................................................................49 13.05 Owner May Stop the Work.........................................................................................................50 13.06 Correction or Removal of Defective Work................................................................................50 ( 13.07 Correction Period........................................................................................................................50 l 13.08 Acceptance of Defective Work...................................................................................................51 13.09 Owner May Correct Defective Work.........................................................................................51 I ( Article 14-Payments to Contractor and Completion....................................................................................52 i14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 1 14.03 Contractor's Warranty of Title...................................................................................................55 1 14.04 Substantial Completion...............................................................................................................55 14.05 Partial Utilization........................................................................................................................56 14.06 Final Inspection...........................................................................................................................56 14.07 Final Payment..............................................................................................................................57 t14.08 Final Completion Delayed..........................................................................................................58 14.09 Waiver of Claims........................................................................................................................58 EJCDC C-700 Standard General Conditions of the Construction Contract l Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iu 1 t Article 15 — Suspension of Work and Termination........................................................................................58 15.01 Owner May Suspend Work ........................................................................................................58 15.02 Owner May Terminate for Cause...............................................................................................58 15.03 Owner May Terminate For Convenience...................................................................................60 15.04 Contractor May Stop Work or Terminate..................................................................................60 Article16—Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 Article17—Miscellaneous..............................................................................................................................61 17.01 Giving Notice..............................................................................................................................61 17.02 Computation of Times................................................................................................................61 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................62 17.05 Controlling Law..........................................................................................................................62 17.06 Headings......................................................................................................................................62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright V 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv ARTICLE 1 —DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct,or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Pavment--The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder=The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and(iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act(42 USC Section 6903) as amended from time to time. 24. Laws and Regulations;Laws or Regulations—Any and all applicable laws,rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25.Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2J 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 27. Notice of Award--The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and I4.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s)of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms"substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals,or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 i i addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 TerminoloD, A. The words and terms discussed in Paragraph 1.02.13 through F are not defried but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms orAdjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents(unless there is a specific statement indicating otherwise). The use of any such tern or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents;or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location)ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Tiines; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run.No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference;Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions,receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 the Work, nor interfere with or relieve Contractor from Contractor's full responsibility' therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. r 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations,whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or(c) any instruction of any Supplier,then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007:National society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media fonnat can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring parry makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availabilitv of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright fD 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 Contract Price or Contract Tunes, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Clairn therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Draivings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members,partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright D 2007 National Societe of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith(except as aforesaid)until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor)of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however,to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if- a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor- shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer,or any of their officers,directors,members,partners, employees,agents,consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data,interpretations,opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers,or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors,members,partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.1-1 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5—BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety,both of which shall comply with the requirements of Paragraphs 5.0LB and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner-'s Liabilitv Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; Z. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property(including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after frial payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents,consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof,and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other parry's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization,Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means,method, technique, sequence,or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent(which will not be unreasonably withheld)given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor,transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance,testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests)as to the source,kind,and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance(to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an"or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength,and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole;and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as ` supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use.The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified,and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item,and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified,and b) available engineering,sales,maintenance,repair, and replacement services; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete,which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluatirg each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents(or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal"at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity(including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance(either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 25 of 62 other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to,or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier,Contractor will obtain the same. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others,the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs,losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design,process,product,or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor,when necessary,in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids)having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment,the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Per of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: l. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal,relocation,or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 29 of 62 D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.E that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright m 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Sarnples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to deterniine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Z. Engineer's review and approval will not extend to means,methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright D 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection,test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps,Drawings,opinions, reports,surveys,Change Orders,designs,or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals,provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related 6Vork at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.0I.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8—OWNER'S RESPONSIBILITIES 8.01 Comnlllnlcatlons to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replaceln nt of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pav When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements;Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any,with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Cllatlge Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright,Oc 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Enviromnental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance ivith Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 and observations, Engineer will keep Owner infonned of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto,or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both,and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data)upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the perfonmance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity,or to any surety for or employee or agent of any of them. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction,or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative,if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10—CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents(except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 40 of 62 r r r r 10.03 Execution of Change Orders r A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer ( covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09,or(iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a r Work Change Directive, and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in ( accordance with the provisions of the Contract Documents and applicable Laws and ( Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to ( the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not l limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ( 10.05 Claims ( A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, ( shall be referred to the Engineer for decision. A decision by Engineer shall be required as a 1 condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such ( Claims. ( ( B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly(but in no event later than 30 days)after 1 the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with ( the party making the Claim. Notice of the amount or extent of the Claim, with supporting data ( shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall ( be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment ( in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is ( the entire adjustment to which the claimant believes it is entitled as a result of said event. The ( EJCDC C-700 Standard General Conditions of the Construction Contract ( Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 1 1 opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal(unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days,the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or- 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 —COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The tenn Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.13, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on EJCDC C-700 Standard General Conditions of the Construction Contract Copyright D 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 I I ( Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. ( 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs I of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to ( Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. ( 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner,who will then determine,with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides ( that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as I Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 1 ( 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors,attorneys,and accountants)employed for services specifically related to the Work. I . i 5. Supplemental costs including the following: ( a. The proportion of necessary transportation, travel, and subsistence expenses of ( Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, I machinery, appliances, office, and temporary facilities at the Site, and hand tools not I owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. I c. Rentals of all construction equipment and machinery, and the parts thereof whether ( rented from Contractor or others in accordance with rental agreements approved by t Owner with the advice of Engineer, and the costs of transportation, loading, unloading, I assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 1 I d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable,as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or ( anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. l EJCDC C-700 Standard General Conditions of the Construction Contract l Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded:The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A.I or specifically covered by Paragraph 11.0I.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied,and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be detenmined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work,Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 l r D. Docianentation: Whenever the Cost of the Work for any purpose is to be detennined pursuant to Paragraphs I LOLA and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor(less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the i actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to s cover Contractor's overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 l D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party snaking the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum(which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0I.A.I and 11.01.A.2, the Contractor's fee shall be 15 percent, b. for costs incurred under Paragraph 11.0I.A.3, the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright J 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the arnount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.0l.A.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and £ when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0I.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright D 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests wid Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests,or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections,tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer,be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor,material,and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective,Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 49 of 62 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for,or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not. limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee,if any,on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion(or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work;or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses,and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 l resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer)prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction,removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the perfonnance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the I Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the i Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may snake the necessary corrections and resubmit the Application. I 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's + review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a t final determination of quantities and classifications for Unit Price Work under Paragraph I 9.07, and any other qualifications stated in the recommendation); and I c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: l a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or l b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending c. payments nor Engineer's recommendation of any payment, including final payment, will K impose responsibility on Engineer: 4 a. to supervise, direct, or control the Work, or I t EJCDC C-700 Standard General Conditions of the Construction Contract I Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 I b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.13.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.6; b. consent of the surety,if any,to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible,or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages,will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein,or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of anyone or more of the following events will justify termination for cause: EJCDC C-700 Standard General Conditions of the Construction Contract Cop)right©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0l.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Oit,iier May Ter-iiiirrate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in perforining services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work,plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor Mav Stop Work or- Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority,or(ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally detennined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright J 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless,within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Tunes A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation,right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 SECTION III RPA SUPPLEMENTARY CONDITIONS The intent of this Section is to supplement the conditions outlined in the Standard General Conditions. CONTENTS 1. Insurance 2. Bonding 3. Estimated Quantities 4. Unit Price Work 5. Project Meetings 6. Governing Standards and Regulatory Requirements 7. Submittals 8. Weed Control 9. Regular Hours and Weather Days 10. Contractor Reimbursed Engineering Costs 11. Construction Progress 12. Repair and Replacement Quality 13. Rejected Work 14. Traffic Control 15, General Equipment Stipulations 16. Blasting 17. Contract Document Discrepancies 18. Project Closeout 19. System Commissioning and Cleanup 20. Warranty 1. INSURANCE Without limiting any of the other obligations or liabilities of the CONTRACTOR, CONTRACTOR shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of A-, VI, as will protect the CONTRACTOR, the vicarious acts of subcontractors, the Owner and the ENGINEER and their agents and employees from claims for bodily injury, or property damage which may arise from operations and complete operations under this Agreement. CONTRACTOR shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance,with binders, or certified copies of the insurance policy shall have been filed with the OWNER and the ENGINEER. All insurance coverage shall remain in effect throughout the life of the Agreement, except that the CONTRACTOR shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period. A. Contractor's Liability Insurance Add the following new paragraphs immediately after Paragraph 5.04.B: 1 SUPPLEMENTARY CONDITIONS Page 1 I a C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation 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. Longshoremans) Statutory C. Employer's Liability $1,000,000 2. CONTRACTOR'S Liability Insurance under Paragraphs 5.04.A.3 through 5.04.A.6 of the General conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE PER PROJECT $3,000,000 b. Products-Completed Operations Aggregate $3,000,000 C. Personal and Advertising d. Bodily Injury and Property Damage (Each Occurrence) $1,000,000 e. Coverage will include: 1. Premises-Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5. Products and Completed Operations 6. Broad Form Property Damage will include explosion, collapse,blasting and underground where applicable. 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 Property Damage: Each Accident $1,000,000 (or) b. Combined Single Limit $1,000,000 SUPPLEMENTARY CONDITONS Page 2 4.2 Liquidated Damages: Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Contractor to complete the work within the specified contract time. Work will be considered complete once substantial completion has been accomplished and all subsequent punchlist items have been satisfactorily completed. A. The Bidder further agrees to pay liquidated damages for failure to complete the work within the specified contract time and for expenses incurred by the Owner for unscheduled employment of the Engineer during the contract time overrun. B. As compensation for non-use, the Contractor shall be assessed a liquidated damage of$200 per calendar day for each day that the work remains uncompleted beyond the contract period for that particular Schedule. As compensation for expenses incurred for unscheduled employment of the Engineer, the Contractor shall be assessed an additional liquidated damage as outlined in the Supplementary Conditions. 5. CERTIFICATES OF INSURANCE The Contractor is responsible for providing the Owner with copies of Certificates of Insurance as discussed in Paragraph 5.03.A of the General Conditions. 5.1 Failure of Owner to demand such certificates or other evidence of full compliance with the insurance requirements outlined in the General Conditions and RPA Supplementary Conditions, 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. 5.2 By requiring the insurance and insurance limits specified, 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. 5.3 In addition to providing the Certificates of Insurance, the Contractor shall also provide the Owner with a signed copy of the "Acknowledgement and Certification of Insurance Requirements" form. This form must be signed by both the Contractor and the insurance provider, as evidence of full compliance with the insurance requirements specified. A copy of this form is included in Appendix A of these Contract Documents and Specifications. 6. ADDITIONAL INSUREDS SPECIAL PROVISIONS Page 3 1. PROJECT DESCRIPTION The proposed work consists of reconstruction of the West College Street and South 11th Avenue intersection, to modify the current four-way stop controlled intersection into a new roundabout. The work includes street excavation, subexcavation, gravel base course, asphalt pavement, Portland Cement Concrete Pavement truck apron, curb and gutter, median islands, sidewalk, storm drain, utility adjustments and relocations, street lighting, topsoil, sprinkler irrigation relocations and sod. 2. SITE INSPECTION AND PREBID CONFERENCE All Bidders should satisfy themselves as to the construction conditions by personal examination of the site of the proposed work and any other examination and investigation that they may desire to make as to the nature of the construction and the difficulties to be encountered. There will be a Pre-Bid Conference at the office of the City of Bozeman Engineering Department, 20 East Olive Street, Bozeman, Montana at 10:00 A.M. on Monday, March 14, 2011. Interested Contractors are encouraged to attend. 3. PROJECT RELATED CONTACTS Wherever in these Documents the word "Owner" appears, it shall be understood to mean the City of Bozeman. Owner: City of Bozeman P.O. Box 1230 20 East Olive Street Bozeman,MT 59771 Contact: Brian Heaston, City Project Engineer Telephone: (406) 582-2280 Wherever in these Documents the word "Engineer" appears, it shall be understood to mean Robert Peccia & Associates, Inc. The firm of Robert Peccia & Associates, Inc. has been duly authorized by the Owner as the Engineer for the engineering design, submittal review, and construction observation and will serve as the "Engineer" for those functions as related to this project. Engineer: Robert Peccia&Associates 825 Custer Avenue, P.O. Box 5653 Helena, MT 59601 Contact Person: Tom Cavanaugh,Project Manager Telephone: (406) 447-5000 4. CONTRACT TIME AND LIQUIDATED DAMAGES 4.1 Contract Time: Contract time for the entire project is 60 Calendar Days, and shall be completed no later than August 23, 2011. SECTION IV SPECIAL PROVISIONS CONTENTS 1. Project Description 2. Site Inspection and Prebid Conference 3. Project Related Contacts 4. Contract Time and Liquidated Damages 5. Certificates of Insurance 6. Additional Insureds 7. Safety Standards 8. Payments to Contractor 9. General Construction Requirements 10. Engineering Interpretations 11. Disputes 12. Engineering, Inspections, and Testing 13. Rejected Work 14. Utilities 15. Notices 16. Site Access 17. Protection of Adjacent Improvements 18. Tree Protection and Preservation 19. Construction Surveys by Contractor 20. Material Sources 21. Construction Water and Disposal 22. Site Dewatering 23. Smoke and Dust Control 24. Water Pollution 25. Temporary Erosion and Sediment Control 26. Material Disposal 27. Stored Materials 28. Pedestrian Accessibility 29. Sanitary Facilities 30. Sprinkler System Relocations 31. Use of Completed Portions 32. Detectable Warning Devices 33. Record Drawings 34. Measurement and Payment 35. City of Bozeman Standard Special Provisions and Right-of-Way Agreements SPECIAL PROVISIONS Page 1 SECTION IV SPECIAL PROVISIONS 19.2.7 Landscaping shall be fine-graded and re-established where necessary. 19.3 System Demonstrations. 19.3.1 The Contractor and his major manufacturers shall demonstrate the operation of each and every piece of equipment to the Engineer, Owner, and the Owner's operator. The Contractor shall demonstrate all maintenance requirements and reference the requirements of the Operations and Maintenance Manual for each piece of equipment. 19.3.2 A plan for system start-up shall be submitted to the Engineer for approval,before the start-up will be allowed. 19.4 Removal of Construction Equipment, Tools, and Supplies. At the completion of this Contract, before acceptance of the work by the Owner,the Contractor shall remove all of his equipment, tools, and supplies from the property of the Owner. Should the Contractor fail to remove such equipment, tools, and supplies, the Owner shall have the right to remove them at the Contractor's expense. 20. WARRANTY The contractor shall warranty all materials and equipment furnished and work performed for a period of two years from the date of substantial completion. The contractor warrants and guarantees for a period of two years from the date of substantial completion of the system that the completed system is free from all defects due to faulty materials or workmanship and the contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The Owner will give notice of observed defects with reasonable promptness. In the event the contractor should fail to make such repairs, adjustments, or other work that may be made necessary by such defects, the Owner may do so and charge the Contractor the cost thereby incurred.The Performance Bond shall remain in full force and effect through the warranty period. In addition, the Contractor shall be required to attend a warranty inspection, approximately 23 months after substantial completion. The Owner and Engineer will also be present at this inspection. All components of the project will be inspected for defects in materials or workmanship. Any defects found shall be repaired by the Contractor as set forth in the previous paragraph. SUPPLEMENTARY CONDITONS Page 20 1 i ! 18.3 Prior to final payment including release of retainage, the Contractor must furnish these items to the Engineer: f • Completed Affidavit on Behalf of Contractor (lien release) using the form provided in { the Contract Documents under Miscellaneous Forms. { Executed copies of any pending Change Orders or claims. I • The final Change Order shall reconcile bid quantities to reflect actual quantities for projects containing unit price items. I i Completed,revised and annotated record drawings and survey notes. Additional Copies of O&M manuals and warranties as specified. i • Final Payment Request for balance of Contract Price due. • Completed Consent of Surety Company to Final Payment using the form provided in the Contract Documents under Miscellaneous Forms. • Certification of Payment of Prevailing Wage Rates as/if required by agencies providing funding for the project. Upon receipt and approval of these items, the Engineer will issue the Certificate of Completion and Acceptance, and recommend final payment. The retainage will be released with the final payment. 19. SYSTEM COMMISSIONING AND CLEANUP 19.1 Scone. This section covers the final preparations required to place the various components into operation. 19.2 Final Conditioning. Before final acceptance is made, the entire work shall be cleaned and conditioned.This shall consist of the following: 19.2.1 Grease, oil, grit, dirt, grime, debris, and other foreign materials shall be removed; 19.2.2 Nicks, scratches, voids, holidays, and other imperfections in painted surfaces shall be touch-up painted with matching paint; 19.2.3 Chips, voids, cracks, and other imperfections in exposed concrete shall be repaired with methods and materials approved by the Engineer; 19.2.4 Threaded fasteners shall be checked for tightness; 19.2.5 Doors, windows, hatches, and other mating surfaces shall be adjusted to fit square in their respective framework; 19.2.6 Driveways and parking areas shall be fine-graded; and SUPPLEMENTARY CONDITIONS Page 19 Following blasting, the Contractor shall, at no additional cost to the Owner, regrade any surface damage or subsidence and repair any other damage that may have occurred due to the blasting including damage claimed by outside parties. The Contractor shall be required to obtain insurance required for the use of explosives and shall not commence work until such insurance has been submitted and approved by the Owner and the Engineer. The Contractor shall also submit written confirmation that all landowners and any other potentially-affected parties have been notified of the proposed blasting. No additional payment will be allowed for blasting or repair of any resultant damage. The Contractor assumes complete and absolute liability for any damage or injury caused by blasting, including any re- pairs needed or compensation awarded. The Contractor also agrees to hold harmless the Owner, the Engineer, and the landowner from any claims resulting from his blasting operations. 17. CONTRACT DOCUMENT DISCREPANCIES 17.1 In the event that any provision of one Contract Document conflicts with the provision of another Contract Document, the provision in that Contract Document first listed below shall govern, except as otherwise specifically stated: • Agreement • Addenda to Contract Documents • Performance and Labor&Materials Bonds • Bid Proposal • Bid Security • Special Provisions • Invitation to Bid • Instructions to Bidders • Drawings • Technical Specifications • RPA Supplementary Conditions • General Conditions 18. PROJECT CLOSE-OUT 18.1 Once the Contractor has completed construction, a substantial completion inspection is held to assess any remaining or corrective work and permit close-out of the Contract. The following conditions must be met before the substantial completion inspection is scheduled: • Work must be substantially complete and fit for its intended purpose. • Contractor must file a Contractor's Certificate of Completion (form found under Miscellaneous Forms in Appendix A) requesting a substantial completion inspection by the Owner and Engineer. 18.2 Following the inspection, the Engineer prepares and signs a Certificate of Substantial Comple- tion and attaches a list of any remaining or corrective work needed based on the inspection. The Certificate is sent to the Contractor, who must complete the listed work. After the Engineer verifies its completion, the construction is considered fully complete. The Owner may also wish to field-verify proper completion. SUPPLEMENTARY CONDITONS Page 18 A. Equipment shall be adequately lubricated by systems which require attention no more frequently than weekly during continuous operation. Lubrication systems shall not require attention during startup or shutdown and shall not waste lubricants. B. Lubricants of the type recommended by the equipment manufacturer shall be provided in sufficient quantity to fill all lubricant reservoirs and to replace all consumption during testing, startup, and operation prior to acceptance of equipment by Owner. Unless otherwise specified or permitted,the use of synthetic lubricants will not be acceptable. C. Lubrication facilities shall be convenient and accessible. Oil drains and fill openings shall be easily accessible from the normal operating area or platform. Drains shall allow for convenient collection of waste oil in containers from the normal operating area or platform without removing the unit from its normal installed position. 16. BLASTING If explosives are necessary for excavation purposes, the Contractor must comply with all local, state and federal regulations governing the use of explosives and shall be responsible for obtaining any necessary blasting permits. The Contractor's use, transportation, handling, and storage of explosives for construction blasting shall be under the supervision and direction of a construction blaster licensed by the Montana Division of Workers' Compensation. A copy of the blasting license and the blaster's experience shall be submitted to the Engineer before any explosives are brought to the project area. It will be the blaster's responsibility to design and initiate blasting. The Contractor is responsible for ensuring compliance with all laws and regulations concerning explosives. The Contractor shall submit a copy of the blasting plan to the Engineer. This plan is for record and con- struction purposes and shall not relieve the Contractor from using proper blasting procedures. The plan shall include, at a minimum, the following items: • Methods and equipment for transporting explosives and detonators. • Type and location of storage facilities. • Type and quantity of explosives. • Primer assembly procedure and location. • Employee training programs. • Provisions for protecting persons, structures,private, and public property. • Provisions for developing and distributing a daily blasting schedule. • Provisions for disposal of explosives,blasting agents, and associated materials. • Hours of proposed blasting. Additionally, the Contractor shall be bound by and adhere to Section 203, Excavation and Embankment, pages 82-85 in the 1995 Edition of the Montana Department of Transportation "Standard Specifications for Road and Bridge Construction" dealing with blasting. SUPPLEMENTARY CONDITIONS Page 17 15.13 Accessories. All equipment shall be provided with the following accessories as applicable. A. Safety Guards: All belt or chain drives, fan blades, couplings, and other moving or rotating parts shall be covered on all sides by a safety guard in complete accordance with the requirements of OSHA. Safety guards shall be fabricated from 16 USS gauge or heavier galvanized or aluminum-clad sheet steel or 1/2 inch mesh galvanized expanded metal. Each guard shall be designed for easy installation and removal. All necessary supports and accessories shall be provided for each guard. Supports and accessories, including bolts, shall be galvanized. All safety guards in outdoor locations shall be designed to prevent the entrance of rain and dripping water. B. Anchor Bolts: Equipment manufacturers shall provide anchor bolt size, location and loads, including seismic loading. Anchor bolts will be provided by others, unless noted to be supplied by the equipment manufacturer in the Equipment Specifications. C. Lifting Lugs: Equipment weighing over 100 pounds shall be provided with lifting lugs. D. Identification Plates: A 16-gauge stainless steel piece of equipment identification plate shall be securely mounted on each in a readily visible location. The plate shall bear the 1/4-inch die-stamped equipment identification number indicated in this Specification and/or shown on the Drawings. E. Special Tools: Equipment requiring periodic repair and adjustment shall be furnished complete with all special tools, instruments, and accessories required for proper maintenance. Equipment requiring special devices for lifting or handling shall be furnished complete with those devices. F. Spare Parts: 1) Furnish all spare parts specified or purchased prior to requesting the issuance of a Certificate of Completion and/or operation of the equipment by the Owner. 2) Spare parts and special tools shall be properly packaged to avoid damage, in their original cartons insofar as possible, and shall be stored in a location as determined by the Engineer. Any spare parts found to be damaged or otherwise inoperable at the time of delivery shall be replaced or, if approved by the Engineer, satisfactorily repaired. 3) Spare parts and special tools shall be labeled with a minimum 3-inch by 6-inch manila spare parts tag with such information as the part description, the manufacturer's part number, the applicable equipment description and manufacturer, the quantity of parts delivered in each package, the applicable specification section, and the Contractor's and Project's name. This tag shall be firmly affixed to, and prominently displayed on the outside of each package. 15.14 Lubrication. SUPPLEMENTARY CONDITONS Page 16 r 2) Certifications shall be signed by the manufacturer of the product; state that the components involved comply in all respects with the requirements of the Specifications. 3) Furnish certification of compliance with each lot delivered to the job site and clearly identify the lot so certified. B. Products used on the basis of a certification of compliance may be sampled and tested at any time. The fact that a product is used on the basis of a certification of compliance shall not relieve Contractor of responsibility for incorporating products in the work which conforms to requirements of the Contract Documents. Products not conforming to such requirements will be subject to rejection whether in place or not. C. Engineer reserves the right to refuse permission for use of products on the basis of a certification of compliance. 15.10 Manufacturer's Certification of Proper Installation. Where manufacturer's certification is required in the Specifications, the manufacturer shall provide certification stating the following: A. The product or system has been installed in accordance with the manufacturer's recommendations. B. The product or system has been inspected by a manufacturer's authorized representative. C. The product or system has been serviced with the proper lubricants. D. Applicable safety equipment has been properly installed. E. Proper electrical and mechanical connections have been made. F. Proper adjustments have been made and the product or system is ready for functional testing,plant startup, and operation. 15.11 Functional Test Certification. Where a certification of functional testing is specified for certain equipment, Contractor(as applicable to the equipment furnished) shall state in writing that: A. Necessary hydraulic structures,pumps,valves,etc. have been successfully tested. B. Necessary equipment systems and subsystems have been checked for proper installation, started, and successfully tested to indicate they are operational. C. Adjustments and calibrations have been made. D. The systems and subsystems are capable of performing their intended functions. E. The facilities are ready for performance testing, or for startup and intended operation, as applicable. 15.12 Performance Test Reports. Prepare and submit performance test reports where specified for equipment systems. SUPPLEMENTARY CONDITIONS Page 15 submerged, all or in part, during normal operation of the equipment shall be at least 1/4- inch thick. 15.5 Value Engineering. Manufacturer may submit for review and approval proposed modifications to the design, materials or arrangements specified. Request shall clearly state the advantages, cost savings or other reasons for the proposed change. Acceptance of any proposed changes will be the sole discretion of the Engineer as proscribed under the "or equal" and "substitute item" clauses of the General Conditions. 15.6 Seismic Loading Design Provisions. Machinery, equipment, and components such as tanks, piping, and electrical panels, including their supports and anchorages, designed by manufacturers or suppliers, shall be designed in accordance with the provisions of the latest edition of the Uniform Building Code to withstand seismic loads for the Seismic Zone appropriate for the project location in addition to other loads. Design shall be performed by a licensed Professional Engineer familiar with seismic design. Submittals shall be certified, by the Design Engineer, that equipment designs conform to all applicable Uniform Building Code requirements including provisions to withstand seismic loads. 15.7 Single Source. Like items of equipment shall be the end product of one manufacturer in order to achieve standardization. 15.8 Manufacturer's Representative. A. Where specified, manufacturer shall provide a Manufacturer's Representative as required to assist in the installation, adjustment, startup, certification and operational training. B. Manufacturer's Representative shall be an employee of manufacturer who is factory trained and knowledgeable in the technical aspects of the products and systems. C. When the services of the representative are specifically required for a listed time period, the days shall represent eight(8)hours straight time exclusive of Saturdays, Sundays and holidays. Travel time is considered incidental to the work and will not apply to the required listed time. D. If listed time is not required, or is modified, an appropriate adjustment in payment shall be made. t E. If the provided Manufacturer's Representative is found deficient in training or experience by the Owner or Engineer, the manufacturer shall furnish another acceptable representative. 15.9 Certification of Compliance. A. Where specified, furnish certification of compliance for products specified to a recognized standard or code prior to the use of such products in the work. 1) Engineer may permit use of certain materials or assemblies prior to sampling and testing if accompanied by a certification of compliance. SUPPLEMENTARY CONDITONS Page 14 ( Provisions, maintenance of two way traffic may be required. At the conclusion of daily construction activities, the Contractor shall insure that proper traffic control measures remain in effect overnight and { through the weekend. This includes protecting any open excavations or other hazards. r Prior to any construction, the Contractor shall prepare and submit a detailed traffic control plan in accordance with the Submittals Section. The plan shall include, at a minimum,the following: • Calendar time periods of proposed traffic interruptions and control. • Locations of all signs,markers,barricades,and other traffic control devices to be used. • Specifications for signs,markers, and barricades including references to MUTCD. • Locations for flag-persons where used, along with anticipated dates and hours of use. • Routing of any detours required. The traffic plan will be subject to review and approval by the Montana Department of Transportation for roads under their jurisdiction, by the local county for county roads, by the local municipalities for municipal roads, and by the U.S. Forest Service or Bureau of Land Management for roads under their control. These approvals will be in addition to that provided by the Engineer in accordance with the Submittals Section. No work may commence until all approvals of the traffic plan have been secured. 15. GENERAL EQUIPMENT STIPULATIONS 15.1 General. All equipment furnished and installed under this contract shall conform to the general stipulations set forth in this section except as otherwise specified in other sections. 15.2 Coordination. Contractor shall coordinate all details of the equipment with other related parts of the Work, including verification that all structures, piping, wiring, and equipment components are compatible. Contractor shall be responsible for all structural and other alterations in the Work required to accommodate equipment differing in dimensions or other characteristics from that contemplated in the Contract Drawings or Specifications. 15.3 Manufacturer's Experience. Unless specifically named in the Specifications, a manufacturer shall have furnished equipment of the type and size specified which has been in successful operation for not less than the past five years. 15.4 Workmanship and Materials. A. Supplier shall guarantee all equipment against faulty or inadequate design, improper assembly or erection, defective workmanship or materials, and leakage, breakage or other failure. Materials shall be suitable for service conditions. B. All equipment shall be designed, fabricated, and assembled in accordance with recognized and acceptable Engineering and shop practice. Individual parts shall be manufactured to standard sizes and gauges so that repair parts, furnished at any time, can be installed in the field. Like parts of duplicate units shall be interchangeable. Equipment shall not have been in service at any time prior to delivery, except as required by tests. C. Except where otherwise specified, structural and miscellaneous fabricated steel used in equipment shall conform to AISC standards. All structural members shall be designed for shock or vibratory loads. Unless otherwise specified, all steel which will be SUPPLEMENTARY CONDITIONS Page 13 l 12.7 Other Items. Repair or replacement of other items not covered by the preceding shall be to the standards required by the owner of the item and at the owner's option may be performed by the owner of the item with the full cost assessed to the Contractor. 12.8 Decisions Regarding Repair Versus Replacement. The decision of repair versus replacement of an affected item shall be at the discretion of the Engineer upon consultation with the owner of the item. The decision shall be based on a determination of whether repaired quality can equal the quality of a replacement installation.The Engineer's authority shall be final in this regard. 12.9 Limits of Repair or Replacement. The limits of areas to be repaired or replaced shall be determined by the Engineer in the field based on the extent of damage or removal sustained. The determination shall be based on insuring that all damaged or removed portions of the existing installation are fully restored. The authority of the Engineer in this regard shall be final. All work effects outside limits as described in these Contract Documents are subject to repair and replacement quality as described herein. 12.10 Repair by Party Owning or MaintainingI tem. The party owning or maintaining the item under consideration shall have the exclusive right to undertake repair or replacement themselves and charge the Contractor for full costs incurred or to direct and supervise the Contractor to repair or replace the item to their standard of quality. The authority of the owner of the item shall be final in this regard. 13. REJECTED WORK Any defective work or nonconforming materials or equipment that may be discovered at any time prior to the expiration of the warranty period, shall be removed and replaced by work which shall conform to the provisions of the Contract Documents. Any material condemned or rejected shall be removed at once from the project site. Failure on the part of the Engineer to condemn or reject bad or inferior work or to note nonconforming materials or equipment on Contractors submittals shall not be construed to imply acceptance of such work. The Owner shall reserve and retain all its rights and remedies at law against the Contractor and its Surety for correction of any and all latent defects discovered after the guarantee period. The Engineer will have the authority to reject work which does not conform to the Contract Documents and will provide the Owner with a list of defective work and nonconforming materials or equipment. The Owner will then promptly provide the Contractor with the list of defective work and nonconforming materials or equipment. 14. TRAFFIC CONTROL The Contractor shall schedule his construction operations in a manner which will assure that: 1) the safety and convenience of motorists and pedestrians, and the safety of construction workers, are adequately met at all times; and 2) the project is completed in a manner most beneficial to the project as a whole. All signing and striping shall conform to the standards set forth in the Manual of Uniform Traffic Control Devices(MUTCD). Traffic control shall be provided in full compliance with MUTCD during materials hauling and equipment operation or transport along public roadways. Control shall include necessary signing, flag- persons, barricades, and hazard markers. At least one-way traffic shall be maintained at all times with continuous passage for emergency vehicles from either direction. In special cases as noted in the Special SUPPLEMENTARY CONDITONS Page 12 to maintain progress. The costs of any such work will be deducted from the Contractor's monthly progress payments. The Contractor shall be subject to liquidated damages for any overrun of the Contract Time resulting from his failure or refusal to continue work as described above. 12. REPAIR AND REPLACEMENT QUALITY 12.1 General. Items requiring repair or replacement due to damage or removal or otherwise necessitated in the course of pursuance of the work and which are not otherwise specified herein, shall be repaired or replaced to the following levels of quality. 12.2 Paved and Graveled Roads, Curb and Gutter, Driveway, and Sidewalks. Repair or replacement shall be to a thickness and grade matching the existing condition. Quality of materials and methods shall comply with respective sections of the current edition of the Montana Public Works Standard Specifications. Any removed or damaged pavement markings shall be replaced to match the existing markings. 12.3 Water and Sewer Mains and Services. Repair or replacement shall be in a manner consistent with the existing condition using materials conforming to the Uniform Plumbing Code, the current editions of the Montana Department of Environmental Quality Design Standards, and other requirements of the Montana Department of Environmental Quality. Construction shall also comply with the current edition of the Montana Public Works Standard Specifications. Repair or replacement will not be allowed with materials like the existing installation if they do not conform to the above-referenced standards. 12.4 Electrical Telephone Cable TV, Natural Gas, and Petroleum Lines. Repair or replacement shall be to the standards required by the utility owner and at the utility owner's option may be performed by the utility owner with the full cost assessed to the Contractor. 12.5 Lawn Restoration, Fertilizing, and Seeding. All areas disturbed by the Contractor's operations such as, but not limited to, haul roads, loading operations and disposal operations shall be restored by grading to the original contours, sodding, and/or fertilizing and seeding. This will include repair or replacement of all disturbed vegetation to pre-construction standards as required by the Owner and landowner. The seed mixture and fertilizer to be used will be submitted to the Engineer prior to application on the prepared seed bed. The Contractor shall include the cost of this work in the price bid for other items of work, and no separate compensation will be allowed. 12.6 Fences. All fences adjacent to any work site are to be maintained to the satisfaction of the abutting property owners.The Contractor shall notify the landowners of the need to temporarily remove or relocate fences for access to the work and shall coordinate such activities with the respective landowners in regards to removal, relocation, and restoration of fences prior to commencing work. Any fence removed or destroyed during the course of the Contract shall be reinstalled or reconstructed in like kind at no cost to the Owner or the landowner. The cost for this work shall be considered incidental and no additional compensation will be allowed. SUPPLEMENTARY CONDITIONS Page 11 1) Labor: At the Engineer's current billable rates, including overhead, as referred to in the Agreement between the Owner and Engineer,plus 15%profit. 2) Other Consultant: At actual cost plus 10% 3) Mileage: 4X4 @$0.41/mi.; 2WD @$0.36/mi. 4) Per Diem: IRS allowable rate 5) Other expenses and laboratory testing: Actual Cost+ 10% 6) Field Testing: Engineer's current billable rate for specific equipment utilized Contractor shall make payment of these Engineering services by deduction from the project progress payments or final payment or by invoice to the Contractor. The Engineering contract will be analyzed at the end of the project to determine whether any unscheduled employment of the Engineer, during the schedule contract time, resulted in a cost savings to the Owner. If, as a result of working more than 40 hours per week, five days per week, the Contractor completes the project within the scheduled time, and if the overtime results in a reduced contract time and cost savings to the Owner, no damages will be assessed for the unscheduled employment of the Engineer during the scheduled contract time. Damages will be assessed as stipulated for each day the work remains uncompleted beyond the scheduled contract time. 11. CONSTRUCTION PROGRESS 11.1 The Contractor shall maintain suitable progress on the job at all times. This shall include the presence of full crews with superintendents effectively operating with proper equipment and tools. In the event the Owner is dissatisfied with the slow progress or incompetence in the performance of the work,the Owner will give the Contractor written notice in which the Owner will specify in detail the cause of dissatisfaction. Should the Contractor fail or refuse to remedy the matters indicated and fail to submit a detailed schedule indicating how the Contractor shall complete the work in the Contract Time remaining within ten (10) days after the written notice is received by the Contractor, the Owner will have the right to take control of the work and either make good the deficiencies of the Contractor itself or direct the activities of the Contractor as the Owner deems advisable, or the Owner may terminate the Contract. In either event, the Owner will be entitled to collect from the Contractor all expenses in completing the work. 11.2 Should an unforeseen or changed site condition arise on a portion of the work, the Contractor shall immediately notify the Owner in writing. The Owner and Engineer will work with the Contractor to resolve such a condition in a fair and equitable manner as soon as possible. However, the Contractor shall continue work on any or all portions of the work that are not directly affected by the unforeseen or changed site conditions or, when directed by the Engineer, the Contractor shall continue work on the disputed portion of the work in confor- mance with the appropriate section of these General Requirements. No claim for additional Contract Price or Time for standby will be allowed when work not directly affected by the unforeseen or changed site condition can be performed. Failure or refusal of the Contractor to continue such work will be cause for the Owner to take control of the work or terminate the Contract as herein provided and to employ such additional help as the Owner deems advisable SUPPLEMENTARY CONDITONS Page 10 9. REGULAR HOURS AND WEATHER DAYS 9.1 Regular Hours. The regular work week shall consist of five working days, Monday through Friday, with regular working hours of 8:00 a.m. to 5:00 p.m. Written requests to perform any work outside of the regular work week or normal working hours must be delivered to the Owner and Engineer no less than 48 hours prior to the planned start of the work. 9.2 Weather Days. In the event inclement weather or the aftermath of inclement weather prevents the Contractor from performing aM compensable work for a minimum of 60% of the Regular day or other work period approved by the Owner, he may request a credit for that day. No credit for inclement weather will be allowed on non-working days. A request for a weather day must be submitted to the Engineer by the end of each calendar day being requested. 9.3 Winter Shutdown. In the event of the onset of winter weather, a winter shutdown will be granted upon written request and mutual agreement of the Contractor and Owner. Work will commence in the spring at the earliest possible date. 9.4 Standby Time. No separate payment will be made for standby time, inactive periods beyond Contractor control or inactive periods resulting from requirements of this Contract. Such time will be considered incidental to the required work. Standby time can be expected, but is not limited to waiting for completion of other related contractors work. 10. CONTRACTOR REIMBURSED ENGINEERING COSTS The Contractor shall reimburse the Owner the full cost of Engineering services in the event the Engineer incurs unscheduled employment necessitated by the Contractor. Examples of unscheduled employment of the Engineer are the following Contractor actions: 1) Working more than forty (40) hours per week, more than five (5) days per week and Saturdays, Sundays, and holidays. 2) Furnishing materials or equipment not in conformance with Contract Documents necessitating redesign by the Engineer. 3) Working beyond the time of completion established in the Notice to Proceed with Construction. 4) Retests by the Engineer of tests that have failed. 5) Retests by others for tests that require Engineer's presence. 6) Repeated review of submittals and shop drawings that have not been approved. 7) Additional inspection as a result of unacceptable work. 8) Other services that are within the Contractor's control to avoid. The Engineering fees to be reimbursed by the Contractor shall be according to the following schedule: SUPPLEMENTARY CONDITIONS Page 9 Five (5) copies of each drawing and necessary data or schedule shall be submitted to the Engineer. Improper format or illegible information shall be cause to return submittals without review. The Engineer will not accept submittals from anyone but the Contractor. Submittals shall be consecutively numbered in direct sequence of submittal and without division by subcontracts or trades. Items resubmitted shall bear the number of the first submittal followed by a letter(A, B, etc.)to indicate the sequence of the resubmittal. When the schedules, drawings, and data. are returned marked RETURNED FOR CORRECTION, the corrections shall be made as noted thereon and as indicated by the Engineer and corrected copies shall be resubmitted. When corrected copies are resubmitted, the Contractor shall in writing direct specific attention to all revisions and shall list separately any revisions made other than those called for by the Engineer on previous submissions. When the drawings and data are returned marked EXCEPTIONS NOTED, no additional submission is needed provided all exceptions marked are incorporated into the item. No re- submission is required for submittals marked NO EXCEPTIONS NOTED or RECORD COPY. Portions of the work requiring a shop drawing or sample submission shall not begin until the shop drawing or submission has been reviewed and returned with no resubmission needed by the Engineer. A copy of each processed shop drawing and each processed sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. No materials-on-site payments will be approved in applications for partial payment for equipment or materials until shop drawings for same have been reviewed and returned by the Engineer without a requirement for resubmission. 7.6 Record Drawings and Survey Data. The Contractor shall prepare and maintain drawings record- ing the constructed characteristics of all aspects of the work. Record drawings shall be of suffi- cient detail and accuracy to permit ready identification and location of all component parts and hidden or buried facilities. This is especially important in the case of part time construction observation by the Engineer. The record drawings and survey data shall be made available to the Engineer at all times. This includes all field books, notes, and other data developed by the Contractor in performing surveys required as part of the work. Upon completion of the work, a paper copy of all record drawings and survey data shall be transmitted to the Engineer and Owner. 8. WEED CONTROL Prior to mobilizing equipment on the project site, the Contractor shall clean his equipment and vehicles to assure no weeds are imported. If there is an abnormal growth of noxious weeds on a project site after construction as determined by the Owner or local weed control authority, the Contractor will be responsible for weed control for the duration of the contract warranty. SUPPLEMENTARY CONDITONS Page 8 t t i t An unbalanced schedule of values providing for overpayment of the Contractor on items of work which would be performed first will not be accepted. The schedule of values shall be revised and resubmitted until acceptable to the Engineer. Final acceptance by the Engineer shall indicate only consent to the schedule of values as a basis for preparation of applications for progress payments and shall not constitute an agreement as to the value of each indicated item. 7.3 Schedule of Payments. Within 10 days after the effective date of the Agreement, the Contractor shall furnish to the Engineer a schedule of estimated monthly payments. The schedule shall be revised and resubmitted each time an application for payment varies more than 10 percent from the estimated payment schedule. 7.4 Approval of Subcontractors. Contractor shall submit a list of Subcontractors to be used on the project and it shall be acceptable to the Owner prior to starting work. For each Subcontractor include name, address, phone, type of work, registration number, approximate contract value and a list of projects completed within the last 5 years by the Subcontractor. 7.5 Shop Drawings and Engineering Data. In addition to the construction schedule, the Contractor shall submit to the Engineer a Shop Drawing Schedule indicating the title and appropriate date that all anticipated shop drawings will be submitted to the Engineer before the Engineer will proceed with the review of any submittals. All submittals, regardless of origin, shall be stamped with the approval of the Contractor indicating his review and identified with the name and number of this Contract, Contractor's name, and references to applicable specification paragraphs and Contract Drawings. Each submittal shall indicate the intended use of the item in the work. When catalog pages are submitted, applicable items shall be clearly identified. The current revision, issue number, and date shall be indicated on all drawings and other descriptive data. Substitutions will be considered through completion of a Substitution Request Form (bound into the Appendix of these documents). All deviations from the Contract Documents shall be identified on each submittal and shall be tabulated in the Contractor's letter of transmittal. Such submittals shall, as pertinent to the deviation, indicate essential details of all changes proposed by the Contractor (including modifications to other facilities that may be a result of the deviation) and all required piping diagrams. The Contractor shall accept full responsibility for the completeness of each submission and, in the case of a resubmission, shall verify that all exceptions previously noted by the Engineer have been taken into account. In the event that more than one resubmission is required because of failure of the Contractor to account for exceptions previously noted, the Contractor shall reimburse the Owner for the charges of the Engineer for review of additional resubmissions. The costs of additional review shall be deducted from the Contractor's progress payments. Any need for more than one resubmission or any other delay in obtaining the Engineer's review of submittals will not entitle the Contractor to extension of the Contract Time unless delay of the work is directly caused by a change in the work authorized by a Change Order or by failure of the Engineer to return any submittal within three (3) weeks after its receipt in the Engineer's office. SUPPLEMENTARY CONDITIONS Page 7 Federal Level: United States law; United States Corps of Engineers; Environmental Protection Agency. State Level: Montana Code Annotated; Montana Department of Environmental Quality; Dept. of Fish, Wildlife & Parks (SPA); Department of State Lands; the Department of Natural Resources and Conservation; the Montana Building Codes Division; Uniform Building Code, (latest edition); Uniform Plumbing Code, (latest edition); Uniform Mechanical Code, (latest edition); Uniform Fire Code(latest edition); National Electric Code, (latest edition). Permits. The Contractor must also comply with the requirements of any permits obtained for the project by the Owner. These permits may include stream bed crossing permits, flood plain permits, etc. Copies of any of these permits are available upon request from the Engineer. However, the Contractor shall be responsible for obtaining any permits regarding the discharge of any water related to the construction of this project (this includes a Montana Department of Environmental Quality 3A Permit). Local Level: City ordinances and regulations. 6.2 Contractor's Responsibility. The Contractor shall familiarize himself with the requirements of all regulatory agencies pertaining to the performance of the work on the project. The Contractor shall perform all work in accordance with the regulatory requirements. Any conflict between the Contract Documents and the regulatory requirements shall be brought to the immediate attention of the Engineer. 7. SUBMITTALS 7.1 Construction Schedule. The Contractor shall submit to the Engineer for review a schedule of the proposed construction operations. The construction schedule shall indicate the sequence of the Work, the time of starting and completion of each part, and at a minimum one entry for each bid item and trade involved therein. Whenever 10 percent or more of the schedule items are inconsistent with the original schedule, the Contractor shall prepare a revised schedule and narrative plan that indicates corrective action that will bring the progress of the work back to the original schedule completion dates. The revised schedule and narrative shall be submitted to the Engineer for review, approval, or comment before any further pay requests will be received or recommended for payment. The construction schedule shall be acceptable to the Engineer before the Notice to Proceed is issued. 7.2 Schedule of Values. The Contractor shall prepare and submit to the Engineer a schedule of values for each lump sum bid item on the Proposal. Each item shall be subdivided to show the portion of payment assigned to each work location and work item or trade involved. The schedule of values, showing the value of each kind of work at each site, shall be acceptable to the Engineer before any application for payment is prepared. The sum of the items listed in the schedule of values shall equal the lump sum price for the bid item. Items such as bond premium, temporary construction facilities, and office expense may be listed separately in the schedule of values, provided the amounts can be substantiated. Overhead and profit shall not be listed as separate items. SUPPLEMENTARY CONDITONS Page 6 cost of the work; and (b) for the purpose of comparing proposals submitted for the work. It is understood and agreed that the actual amounts of work done and materials furnished under unit price items may vary substantially from such estimated quantities. The actual quantities will depend on the conditions encountered at the time the work is performed, and the unit prices apply, subject to the exceptions in Supplementary Condition 4 -Unit Price Work. 4. UNIT PRICE WORK Paragraph 11.03 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: "The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 4.1 if the total cost of a particular item of Unit Price Work amounts to 25% or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 10% from the estimated quantity of such item indicated in the Agreement; and 4.2 if there is no corresponding adjustment with respect to any other item of Work; and 4.3 if Contractor believes that Contractor has incurred additional expense as a result thereof, or if Owner believes that the quantity variation entitles Owner to an adjustment in the unit price, either Owner or Contractor may make a claim for an adjustment in the Contract Price in accordance with the General Conditions if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed." 5. PROJECT MEETINGS 5.1 Preconstruction Conference. After the Contract has been awarded, but before the start of construction, a preconstruction conference will be held at a time and place mutually agreed to by the parties. The conference shall be attended by the following: the Contractor and his superintendent; the principal subcontractors; representatives of principal suppliers and manu- facturers, as appropriate; the Engineer; Representatives of the Owner; and others as appropriate. Unless previously submitted, the Contractor shall bring the following submittals to the conference: list of proposed Subcontractors; proposed construction schedule; schedule for submitting shop drawings and other submittals; scheduled procurement dates; construction technique submittal forms (as applicable); preliminary payment schedule; and tentative schedule of values. Work shall not start prior to the Engineer's receipt of these submittals. 5.2 Progress Meetings. Progress meetings shall be held monthly to review progress and requests for payment, maintain coordination, update and modify scheduling requirements, and resolve any problems that might develop. The Engineer shall preside at the meeting. 6. GOVERNING STANDARDS AND REGULATORY REQUIREMENTS 6.1 Jurisdiction. The performance of this work shall be under the jurisdiction of the following agencies, departments, and standards and compliance with the requirements thereof is required: SUPPLEMENTARY CONDITIONS Page 5 b. be written on a Builder's Risk or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and Work in transit and shall insure against at least the following perils: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and other perils as may be specifically required by the Supplementary Conditions; C. include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects); d. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; e. be endorsed to allow occupancy and partial utilization of the Work by OWNER; f. include testing and start-up; and g. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with forty-five days written notice to each other additional insured to whom a certificate of insurance has been issued. h. CONTRACTOR shall be responsible for any deductible or self-insured retention. i. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this Article LC shall comply with the requirements of Paragraph 5.06.0 of the General Conditions. j. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this Article LC shall comply with the r� requirements of GC-5.06.C. The qualifications of the insurance company shall comply with the requirements of Article 1 of these Supplementary Conditions. 2. BONDING In addition to all bonding requirements indicated in Article 5 of the General Conditions, all Contractors shall be responsible for meeting the Montana Workers Surety Bond Requirements per MCA 18-2-201. 3. ESTIMATED QUANTITIES 3.1 Estimated Quantities. All estimated quantities stipulated in the Proposal and other Contract Documents are approximate and are to be used only (a) as a basis for estimating the probable SUPPLEMENTARY CONDITONS Page 4 Coverage to Include: 1. All Owned 2. Hired 3. Non-Owned 4. CONTRACTOR'S Liability Insurance under 5.04.A.3 through 5.04.A.6 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. Deductible not to exceed $5,000 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.B.I of the General Conditions as follows: The CONTRACTOR'S insurance coverage shall name the OWNER, and ENGINEER and Engineer's Consultants and applicable landowners (if any) as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella policies. A list of the additional insureds for this project is contained in the Special Provisions. 6. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence $1,000,000 Aggregate $3,000,000 B. Cancellation Notice Amend paragraph 5.04.13.4 of the General Conditions by striking out the words "30 days" and replacing them with the words"45 days"and as so amended paragraph 5.04.B.4 remains in effect. C. Property Insurance Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: 1. CONTRACTOR shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof(subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: a. Include the interests of OWNER, CONTRACTOR, Subcontractors, Sub-Subcontractors, ENGINEER, ENGINEER'S Consultants, and any other persons or entities identified in the Special Provisions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; SUPPLEMENTARY CONDITIONS Page 3 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology.......................................................................................................... I 1.01 Defined Terms...............................................................................................................................1 1.02 Telminology..................................................................................................................................5 Article2—Preliminary Matters.........................................................................................................................6 2.01 Delivery of Bonds and Evidence of Insurance.............................................................................6 2.02 Copies of Documents....................................................................................................................6 2.03 Commencement of Contract Times; Notice to Proceed...............................................................6 2.04 Starting the Work..........................................................................................................................7 2.05 Before Starting Construction........................................................................................................7 2.06 Preconstruction Conference; Designation of Authorized Representatives.................................7 2.07 Initial Acceptance of Schedules....................................................................................................7 Article 3 —Contract Documents: Intent,Amending, Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................8 3.03 Reporting and Resolving Discrepancies.......................................................................................8 3.04 Amending and Supplementing Contract Documents...................................................................9 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................ 10 Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points........................................................................................................... 10 4.01 Availability of Lands .................................................................................................................. 10 4.02 Subsurface and Physical Conditions ..........................................................................................11 4.03 Differing Subsurface or Physical Conditions............................................................................. 11 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site.............................................................................. 14 Article5 —Bonds and Insurance ..................................................................................................................... 16 5.01 Performance, Payment, and Other Bonds ..................................................................................16 5.02 Licensed Sureties and Insurers...................................................................................................16 5.03 Certificates of Insurance............................................................................................................. 16 5.04 Contractor's Insurance................................................................................................................ 17 5.05 Owner's Liability Insurance....................................................................................................... 18 5.06 Property Insurance......................................................................................................................18 5.07 Waiver of Rights.........................................................................................................................20 5.08 Receipt and Application of Insurance Proceeds.........................................................................21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright V 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5.09 Acceptance of Bonds and Insurance; Option to Replace...........................................................21 5.10 Partial Utilization,Acknowledgment of Property Insurer.........................................................21 Article 6-Contractor's Responsibilities........................................................................................................22 6.01 Supervision and Superintendence...............................................................................................22 6.02 Labor; Working Hours................................................................................................................22 6.03 Services, Materials, and Equipment...........................................................................................22 6.04 Progress Schedule.......................................................................................................................23 6.05 Substitutes and"Or-Equals".......................................................................................................23 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................25 6.07 Patent Fees and Royalties...........................................................................................................27 6.08 Permits.........................................................................................................................................27 6.09 Laws and Regulations.................................................................................................................27 6.10 Taxes ...........................................................................................................................................28 6.11 Use of Site and Other Areas.......................................................................................................28 6.12 Record Documents......................................................................................................................29 6.13 Safety and Protection..................................................................................................................29 6.14 Safety Representative..................................................................................................................30 6.15 Hazard Communication Programs .............................................................................................30 6.16 Emergencies................................................................................................................................30 6.17 Shop Drawings and Samples......................................................................................................30 6.18 Continuing the Work...................................................................................................................32 6.19 Contractor's General Warranty and Guarantee..........................................................................32 6.20 Indemnification...........................................................................................................................33 6.21 Delegation of Professional Design Services..............................................................................34 Article 7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................35 7.03 Legal Relationships.....................................................................................................................36 Article 8-Owner's Responsibilities...............................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Replacement of Engineer............................................................................................................36 8.03 Furnish Data................................................................................................................................36 8.04 Pay When Due ............................................................................................................................36 8.05 Lands and Easements; Reports and Tests...................................................................................36 8.06 Insurance.....................................................................................................................................36 8.07 Change Orders.............................................................................................................................36 8.08 Inspections,Tests, and Approvals..............................................................................................37 8.09 Limitations on Owner's Responsibilities...................................................................................37 8.10 Undisclosed Hazardous Environmental Condition....................................................................37 8.11 Evidence of Financial Arrangements.........................................................................................37 8.12 Compliance with Safety Program...............................................................................................37 Article 9-Engineer's Status During Construction........................................................................................37 9.01 Owner's Representative..............................................................................................................37 9.02 Visits to Site................................................................................................................................37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright(D 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii In accordance with the insurance requirements outlined in the General Conditions and RPA Supplementary Conditions the following entities shall be included as additional insureds: OWNER: City of Bozeman ENGINEER: Robert Peecia and Associates ENGINEER'S CONSULTANTS: n/a APPLICABLE LANDOWNERS: NorthWestern Energy, Montana State University Joe Colombo Use the Additional Insured Endorsement CG 20,32 or equivalent acceptable to the Owner and Engineer. 7. SAFETY STANDARDS The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons (including employees) and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), and all other applicable federal, state, county, and local laws, ordinances, codes, and regulations. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor's failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations and penalties set forth therein. The Contractor shall develop and maintain for the duration of this contract a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program. The duty of the Engineer to conduct construction review of the work does not include review or approval of the adequacy of the Contractor's safety program, safety supervisor, or any safety measures taken in, on,or near the construction site. The Contractor, as a part of his safety program, shall maintain at his office or other well-known place at the jobsites, safety equipment applicable to the work as prescribed by the aforementioned authorities, all articles necessary for giving first-aid to the injured, and shall establish the procedure for the immediate removal to a hospital or a doctor's care of persons (including employees)who may be injured on the jobsite. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. In addition, the Contractor must promptly report in writing to the Owner and the Engineer all accidents whatsoever arising out of, or in connection with, the performance of the work whether on, or adjacent to, the site, giving full details and statements of witnesses. If a claim is made by anyone against the Contractor or any Subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Owner and the Engineer, giving full details of the claim. The Contractor shall take all necessary provisions for safe handling of chemical amendments and potentially hazardous wastes, including apprising himself of hazards, developing safety plans, providing emergency and decontamination services, and developing spill containment procedures. 8. PAYMENTS TO CONTRACTOR 8.1 Scope. This section supersedes the sections of the General Conditions pertaining to payments to the Contractor, to be in compliance with MCA 28-2-2103 as amended on October 1, 2003. If an alternate billing approval, and/or pa vent cycle is required for this project those provisions are discussed in the"Instructions to Bidders" section of these Contract Documents and shall supersede this section on Payments to the Contractor. 8.2 Application for Partial and Final Payment. The Contractor shall prepare and submit four (4) copies of the Application for Payment on a monthly billing cycle. At the preconstruction conference it will be agreed upon which day of the month this application should be submitted so that it coincides with the Owner's billing approval and payment schedule. After the first partial payment request is submitted the Contractor shall submit their subsequent applications on the same date each month for the duration of the project. After the Contractor submits their Application for Payment the Owner will have twenty one (21) calendar days to review and approve payment for the entire amount of the request, or the undisputed portion of the request. During this same time period the Engineer will review the payment request and make recommendations to the Owner on the items which the Engineer feels are approved for payment, and which items are in dispute. Items which are in dispute will be documented in writing and provided to the Contractor for correction and resubmission on subsequent payment requests. The undisputed portion will be approved for payment, and will be paid within seven (7) calendar days after approval. Five percent (5%) of all partial payments will be withheld from payment until the completion of the project as discussed below. The Final Application for Payment, including release of the five percent (5%) retainage, may only be submitted after the Engineer has signed the Certificate of Substantial Completion and all punchlist items have been addressed as described in Supplementary Condition 18. 9. GENERAL CONSTRUCTION REQUIREMENTS 9.1 Quality Assurance. The Engineer will monitor the construction of work covered by this section to determine if the work is being performed in accordance with the contract requirements. The Engineer does not have the authority or the means to control the Contractor's methods of construction. It is, therefore, the Contractor's SPECIAL PROVISIONS Page 5 responsibility to utilize all methods, equipment, manpower, and other means necessary to assure that the work is installed in compliance with the Drawings and Specifications, and laws and regulations applicable to the work. All buried work items shall be installed in the presence of the Engineer or may not be considered for payment. 9.2 Grade and Alice. The Engineer provided original control benchmarks throughout the entire project area. The Contractor shall provide, with his own equipment, tools, material, and labor, all intermediate line and grade control necessary to install the work within the tolerances specified. The Contractor shall calibrate and maintain all line and grade control equipment, including transits, levels, lasers, and other equipment, periodically to assure their accuracy. 9.3 Tolerances. Construction tolerances for the work, shall be as outlined in the Technical Specifications. 9.4 Construction Limits. Construction limits and property lines are shown on the Drawings. Disturbance and equipment access beyond this limit is not allowed without the written approval of both the Engineer and the owner of the affected property. If so approved, disturbance beyond construction limits shall meet all requirements imposed by the landowner; this includes existing roads used and/or improved as well as the construction of new access roads. Special construction, reclamation, or post-construction road ripping or other closure provisions required by the landowner on access roads beyond the construction limits shall be performed by the Contractor at no additional cost to the Owner. 9.5 Areas of Disturbances. Approved areas of disturbance are those areas disturbed by construction activities within the construction limits and along designated or approved access routes. Such areas shall require reclamation and revegetation operations, including grading to the original contours, topsoiling with salvaged or imported topsoil, sodding, and fertilizing, as specified herein. Other areas that are disturbed by the Contractor's activities outside of the limits noted above will be considered as site damage or unapproved areas of disturbance subject to the repair and replacement quality as specified herein. Such areas will also require the reclamation and revegetation operations noted above and as specified herein,but costs of such work shall be borne by the Contractor. This includes areas selected by the Contractor outside the defined construction limits for mobilization, offices, equipment, or material storage. The Contractor shall order sufficient materials to perform the required work for all areas of disturbance. The Owner will pay for the required revegetation work in all approved areas of disturbance. The Contractor will pay for the required revegetation work in all unapproved areas of disturbance. 9.6 Security. The Contractor will provide all security measures necessary to assure the protection of his equipment,products,materials in storage, completed work and the project in general. . 10. ENGINEERING INTERPRETATIONS 10.1 Engineering Decisions. It is realized that timely engineering decisions on construction activities or results have an important bearing on the Contractor's schedule. On this project the Engineer will make every effort to have a Resident Project Representative (RPR) readily available to the project during the construction period,who has the authority to make judgment calls on matters dealing with interpretation of the plans and specifications,with the one qualification; that he shall have the right to take twenty-four (24) hours to confer with other Engineers before giving said decision. 10.2 When the decision affects a plan design or specification change, it should be realized that more time may be required than twenty-four (24) hours to gain the necessary Owner and funding source participation in the decision process including time for formal change order preparation as required. 11. DISPUTES 11.1 Scope. This section covers the procedures to be followed in the event any part of the work or any change thereto becomes disputed and agreement between the Contractor and the Owner cannot be reached. Arbitration of unresolved disputes is discussed in the General Conditions. 11.2 Notification. The Contractor shall give written notice to the Engineer indicating that he is not in agreement with certain aspects of the work. The Engineer may give the Contractor a written directive to proceed with the disputed work and to maintain complete and accurate records of the time and costs associated therewith. 11.3 Maintenance of Progress. Time is of the essence in completion of this project. The Contractor shall continue to actively execute all work that is not directly affected by the disputed work. When the Engineer gives the Contractor a written notice to proceed with the disputed work, the Contractor shall,without delay, issue a notice of protest and intent to claim and proceed with the disputed work. Failure of the Contractor to actively and effectively pursue the work shall be sufficient grounds for the Owner to terminate the services of the Contractor as provided in Section 15.02 of the General Conditions except, however, that a 10-day notice of termination shall be given only once. Resumption of work by the contractor, after receiving notice of termination,will not reinstate the 10-day notice period; and the Owner may at any time after the 10-day period immediately take whatever action the Owner deems necessary to maintain the construction schedule, at the Contractor's expense. 12. ENGINEERING,INSPECTIONS,AND TESTING SPECIAL PROVISIONS Page 7 The Contractor's work will be periodically tested and observed to insure compliance with the Contract Documents. Complete payment will not be made until the Contractor has demonstrated that the work is complete and has been performed as required. If the Engineer detects a discrepancy between the work and the requirements of the Contract Documents at any time, up to and including final inspection, such work will not be completely paid for until the Contractor has corrected the deficiency. The Engineer will periodically monitor the construction of work to determine if the work is being performed in accordance with the contract requirements. The Engineer does not have the authority or means to control the Contractor's methods of construction. It is, therefore, the Contractor's responsibility to utilize all methods, equipment, manpower, and other means necessary to assure that the work is installed in compliance with the Drawings and Specifica- tions, and laws and regulations applicable to the work. Any discrepancies noted shall be brought to the Contractor's attention, who shall immediately correct the discrepancy. Failure of the Engineer to detect a discrepancy will not relieve the Contractor of his ultimate responsibility to perform the work as required. The Contractor shall inspect the work as it is being performed. Any deviation from the Contract requirements shall be immediately corrected. Prior to any scheduled observation by the Engineer, the Contractor shall again inspect the work and certify to the Engineer that he has inspected the work and it meets the requirements of the Contract Documents. All buried work items shall be inspected by the Engineer prior to backfilling, or may not be considered for payment. The work will be subject to review by the Owner,whose findings shall be as valid as those of the Engineer. The results of all such observations shall be directed to the Contractor through the Engineer. 12.1 Testing Services Provided by the Contractor. The Contractor shall provide the following services: a. Any field surveys to establish locations, elevations, and alignments as stipulated on the Plans. b. Preparation and certification of all required shop drawings and submittals as described in the Supplementary Conditions. C. All tests requiring the services of a laboratory to determine compliance with the Contract Documents shall be performed by an independent commercial testing laboratory acceptable to the Engineer. The laboratory shall be staffed with experienced technicians properly equipped, and fully qualified to perform the tests in accordance with the specified standards. d. The Contractor shall arrange and pay for an independent laboratory to prepare a bituminous surfacing job-mix formula and to test for compaction and job-mix compliance during paving operations. C. The Contractor shall provide the Engineer with a written schedule indicating dates for specific testing and inspection services to be performed. The schedule shall be updated as required to give the Engineer at least one week's advance notice. The Contractor shall notify the Engineer immediately of any change or shall be subject to pay engineering fees as herein defined. f. The Contractor shall provide an independent laboratory to check compaction of subgrade, backfill and base/subbase course using Proctor information supplied by the Contractor. In-place nuclear densometer compaction tests are only to determine if the material is complying with the Contract Documents. It is the responsibility of the Contractor to insure that this level of compaction is constant in all locations. Compaction testing shall test moisture content and compaction as specified in the Contract Documents. Tests shall be taken upon every specified lift at a maximum spacing of 100 feet along the alignment, or as directed by the Engineer. g. The Contractor shall provide Portland Cement Concrete job-mix formula(s) for approval, for any concrete work on the project including,but not limited to, sidewalks, concrete pavement and curb and gutter. The Contractor shall provide an independent laboratory to check slump, air content and cast and break cylinders for strength testing as specified in the Contract Documents. The Contractor is responsible for proper onsite storage, transportation and laboratory strength testing of the cylinders. All on-site concrete testing shall be performed by a certified ACI technician. h. For each days production, or for each 1,000 tons produced per day, the Engineer will mark three (3) random locations upon the mat for the removal of a 4" diameter core to be cut for density determination. Locations shall be chosen to include all alignments for testing. The independent laboratory will be required to cut the cores, and document the thickness of the asphalt material pulled from each core prior to trimming. The independent laboratory is allowed to trim each core prior to density testing. Documentation of test results shall be submitted to the Engineer as they become available throughout the construction activities. i. Maintenance of project record drawings. j. The Contractor shall arrange for and pay for all tests required not specifically identified below as being performed by the Engineer. k. In lieu of the sand cone method of field density determination, acceptance testing of the subgrade, subbase,base course, and backfill materials will be accomplished using a nuclear gage in accordance with ASTM-D-2922. 12.2 Testing Services Provided by the Owner. The Owner is not required to perform any testing services during the construction of this project. All required testing SPECIAL PROVISIONS Page 9 shall be the responsibility of the Contractor. The Contractor shall provide an approved independent testing laboratory to perform all necessary testing during construction activities. a. The Engineer will complete periodic spot tests to check compaction of subgrade, backfill and base/subbase course using Proctor information supplied by the Contractor. These tests are only to assess the consistency of Contractor testing if the material is complying with the Contract Documents. It is the responsibility of the Contractor to insure that this level of compaction is constant in all locations. Compaction testing shall test moisture content and compaction as specified in the Contract Documents. 13. REJECTED WORK Any defective work or nonconforming materials or equipment that may be discovered at any time prior to the expiration of the warranty period shall be removed and replaced with work or materials which shall conform to the provisions of the Contract Documents. Any material condemned or rejected shall be removed at once from the project site. Failure on the part of the Engineer to condemn or reject bad or inferior work or to note nonconforming materials or equipment on the Contractors submittals shall not be construed to imply acceptance of such work. The Owner shall reserve and retain all its rights and remedies at law against the Contractor and its Surety for correction of any and all latent defects discovered after the guarantee period. The Engineer will have the authority to reject work which does not conform to the Contract Documents and will provide the Owner with a list of defective work and nonconforming materials or equipment. The Owner will then promptly provide the Contractor with the list of defective work on nonconforming materials or equipment. 14. UTILITIES 14.1 General. The Contractor shall be responsible for checking with the owners of underground utilities as to the location and bury depth of their underground lines. The Contract Plans show utility locations based on limited field observation and information provided to the Engineer by others. The Engineer cannot guarantee their accuracy. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. ONE CALL UTILITY PHONE NUMBER: 1-800-424-5555 CALL 48 HOURS IN ADVANCE * It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. SPECIAL PROVISIONS Page 10 * The Contractor shall immediately notify the Engineer of any discrepancies with utility locations as shown on the Contract Drawings and/or their bury depths that may in any way affect the intent of construction as scoped in these specifications. 14.2 Notification. The Contractor shall contact, in writing, all public and private utility companies that may have utilities that may be encountered during excavation. The notification shall include the following information: a. The nature of the work that the Contractor will be performing. b. The time, date and location that the Contractor will be performing work that may conflict with the utility. C. The nature of work that the utility will be required to perform such as moving a power pole, supporting a pole or underground cable, etc. d. Requests for field location and identification of utilities. A copy of the letter of notification shall be provided to the Engineer. During the course of construction, the Contractor shall keep the utility companies notified of any change in schedule or nature of work that differs from the original notification. 14.3 Identification. All utilities that may conflict with the work shall be the Contractor's responsibility to locate before any excavation is performed. Field markings provided by the utilities shall be preserved by the Contractor until actual excavation commences. All utility locations on the Drawings should be considered approximate and should be verified in the field by the Contractor. The Contractor shall also be responsible for locating all utilities that are not located on the Drawings. 14.4 Removal or Relocation of Utilities. All electric power, fiber optic, gas, telephone, and television utilities that require relocation will be the responsibility of the utility owner. A request for extending the specified contract time will be considered if utility owners cause delays. 14.5 Public Utilities. Water, sewer, storm drainage, street lighting, and other utilities owned and operated by the public entities shall, unless otherwise specifically requested by the utility owner, be removed, relocated, supported or adjusted as required by the Contractor at the Contractor's expense. All such work shall be in accordance with these Specifications, or the Owner's Standard Specifications or written instructions when the work involved is not covered by these Specif- ications. 14.6 Private Utilities. Utilities owned and operated by private individuals, railroads, school districts, associations, or other entities not covered in these Special Provisions shall, unless otherwise specifically requested by the utility owner, be removed, relocated, supported or adjusted as required by the Contractor at the Contractor's expense. All work shall be in accordance with the utility owner's SPECIAL PROVISIONS Page 11 directions, or by methods recognized as being the standard of the industry when directions are not given by the owner of the utility. 14.7 Damage to Utilities and Private Pro ee . The Contractor shall protect all utilities and private property and shall be solely responsible for any damage resulting from his construction activities. The Contractor shall hold the Owner and Engineer harmless from all actions resulting from his failure to properly protect utilities and private property. All damage to utilities shall be repaired at the Contractor's expense to the full satisfaction of the owner of the damaged utility or property. The Contractor shall provide the Owner with a letter from the owner of the damaged utility or property stating that it has been repaired to the utility owner's full satisfaction. 14.8 Water Mains and Services. All water mains and services exposed during construction shall be adequately supported and protected from freezing at all times. Sections of water mains shall not be valved off without first giving the Owner sufficient notification and receiving authorization from the Engineer. Water valve operation is restricted to be by City of Bozeman personnel only. Contact the City of Bozeman water/sewer department at 582-3200 to schedule shutdown. Unless otherwise permitted in writing by the Owner, water mains and services shall not be shut off for more than 3 hours. All affected water service customers shall be notified by the Contractor in advance of any interruption of service. Whenever a water main or service is damaged as a result of the Contractor's operations, the Contractor shall take immediate steps to repair the damage and disinfect all water mains and services contaminated as a result of the damage. Existing water services from the mains to private property which interferes with trenching operations maybe cut and replaced at the Contractor's option and expense provided the requirements for notification, length of interruption, and disinfection specified above are adhered to. 14.9 Maintenance of Flows. Adequate provisions shall be made for maintaining the flow of sewers, drains, and water courses encountered during construction. Culverts, ditches, fences, crosswalks, and structures which are disturbed by this construction shall be satisfactorily restored to their original condition upon com- pletion of the work. 14.10 Structures. The Contractor shall exercise every precaution to prevent damage to existing buildings or structures in the vicinity of his work. In the event of such damages, he shall repair them to the satisfaction of the owner of the damaged structure at no cost to the Owner. 14.11 Overhead Utilities. The Contractor shall use extreme caution to avoid a conflict, contact, or damage to overhead utilities, such as power lines, streetlights, SPECIAL PROVISIONS Page 12 telephone lines, television lines,poles, or other appurtenances during the course of construction of this project. 14.12 Buried Gas Lines. The Contractor shall provide some means of overhead support for buried gas lines exposed during trenching to prevent rupture in case of trench caving. 14.13 Pavement Removal. Where trench excavation or structure excavation requires the removal of curb and gutter, concrete sidewalks, or asphaltic or concrete pavement, the pavement or concrete shall be cut in a straight line parallel to the edge of the excavation by use of a spade-bitted air hammer, concrete saw, colter wheel, or similar approved equipment to obtain a straight, square clean break. Pavement cuts shall be 2 feet wider than the actual trench opening. 14.14 Survey Markers and Monuments. The Contractor shall use every care and pre- caution to protect and not disturb any survey marker or monuments, such as those that might be located at lot or block corners, property pins, intersection of street monuments or addition line demarcation. Such protection shall include markings with flagged high lath and close supervision. No monuments shall be disturbed without prior approval of the Engineer. Any survey marker or monument disturbed by the Contractor during the construction of the project shall be replaced at no cost to the Owner by a licensed land surveyor. 14.15 Temporary Utilities. The Contractor shall provide all temporary electrical, lighting, telephone, heating, cooling, ventilating, water, sanitary, fire protection, and other utilities and services necessary for the performance of the work. All fees, charges, and other costs associated therewith shall be paid for by the Contractor. The Contract Plans show utility locations based on limited field observation and information provided to the Engineer by others. The Engineer cannot guarantee their accuracy. The Contractor shall immediately notify the Engineer of any discrepancies with utility locations as shown on the Contract Drawings and/or their bury depths that may in any way affect the intent of construction as scoped in these specifications. There will be no separate payment for exploratory excavation required to locate underground utilities. 15. NOTICES It will be the responsibility of the Contractor to notify the following individuals for the following items: • Owner and emergency services of service outages in writing a minimum of 24 hours in advance. • Notify the Fire Department of hydrant outages and place a plastic sack over out of service hydrants. SPECIAL PROVISIONS Page 13 • Notify all affected parties of water, sewer, or electrical outages in writing 24 hours in advance. • Notify Owner, Engineer, and all landowners, 72 hours in advance, of when paving operations will occur. • It is the Contractor's responsibility to notify the Owner and Engineer of the work requiring at least 24 hours in advance so the Engineer may schedule and perform such inspections. • Under emergency conditions, the Contractor shall notify the Owner and the Engineer as soon as possible. To the greatest extent possible, the Contractor shall also dispatch members of his staff to notify affected individuals in person. 16. SITE ACCESS Site access is shown on the Construction Drawings. The Contractor shall not unreasonably encumber the site or public rights-of-way with his materials and construction equipment. The Contractor shall comply with all reasonable instructions of the Owner's representative and the ordinances and codes of government agencies regarding signs, traffic, fires, explosives, danger signals and barricades. 17. PROTECTION OF ADJACENT IMPROVEMENTS Retain and protect all adjacent improvements not called for removal on the drawings. Restore all damaged items to pre-existing condition. 18. TREE PROTECTION AND PRESERVATION 18.1 Construction Permit Areas. Protect trees in construction permit areas outside the construction limits from damage to bark, limbs, and root system, consistent with the Contractor's proposed plan of operation. If Contractor proposes to remove a tree outside the construction limits, provide evidence of landowner notification and obtain permission from the Engineer a minimum of 24 hours in advance of tree removal. Replace the tree witll a comparable species at the Contractor's expense. Obtain approval of proposed replacement by the landowner and Engineer prior to replacing tree. Repair damage to trees, or replace, to the satisfaction of the Engineer at the Contractor's expense. 18.2 Do Not Disturb. Where noted as "Do Not Disturb"in the plans,protect trees adjacent to construction area from damage to bark, limbs, and root system. Wrap tree trunks with snow fencing or other approved protective material to protect them from damage caused by construction equipment. Do not park equipment or stockpile construction or excavated material within the drip zone. Take care to minimize damage to overhead limbs. Saw off limbs damaged during construction as close to the damaged area as possible. Make clean cuts. 18.3 Measurement and Payment. No separate measurement or payment is made for work entailed by this provision. SPECIAL PROVISIONS Page 14 19. CONSTRUCTION SURVEYS BY CONTRACTOR The Contractor will be responsible for all layout and construction staking utilizing the Engineer's existing control and coordinate data for the roundabout, drainage structures, and any other construction which requires surveying. Dimensions and elevations indicated in layout of work shall be verified by the Contractor. Discrepancies between Drawings, Specifications, and existing conditions shall be referred to the Engineer for adjustment before work is performed. The Contractor will utilize the services of a Professional Land Surveyor, currently licensed in the State of Montana, for the construction staking for this project. 19.1 Existing Control. Existing survey control (horizontal and vertical)has been set for use in the design and ultimately the construction of these improvements by a registered Surveyor in the State of Montana. A listing of the coordinates and vertical elevation for each of these control points is included in the Plans. Control points may have been disturbed or accidentally removed before contractor layout begins. The Contractor shall reset control that was removed or disturbed prior to construction if deemed as needed to complete the work. The Contractor will be responsible for laying out all critical project points with the remaining control points, and those control points reestablished by the Contractor. The Contractor will be responsible for preserving and protecting the survey control until proper referencing by the Contractor has been completed. Any survey control obliterated, removed, or otherwise lost during construction will be replaced at the Contractor's expense. Contractor shall be aware of property pins. Damage to these pins will require replacement of such by a registered land surveyor at no cost to the owner. The Contractor is responsible for the location and elevation of all the construction contemplated by the Contract Documents. 19.2 Construction Staking. The construction plans show base lines, control points and bench marks established by the Engineer for control of the work. From these control points the Contractor shall lay out the work by establishing all lines and grades at the site necessary to construct the work and shall be responsible for all measurements that may be required for the execution of the work to the location and limit marks prescribed in the specifications or on the Contract Drawings. Contractor's construction staking shall include at a minimum: 1. Centerline (including PC,PT, PI, POT, POC points) and stationing 2. Reference points 3. Clearing limits 4. Slope stakes 5. Location and grade of storm drain 6. Drainage structures 7. Retaining walls 8. Blue tops on shoulders, centerline, and break points every 50 feet longitudinally and at all horizontal control points (PC,PT, PI), vertical control points (PVC, PVT,PVI), and at SPECIAL PROVISIONS Page 15 other point elevations shown on the plans for subgrade, base course, and pavement courses as required. 9. P.C.C.P.jointing as shown on plan detail sheets 10. Roundabout curb and gutter, sidewalk, ADA ramps, and bike ramps 11. Median islands and detectable warning devices 12. Signs, lighting features, and pavement markings 13. Utility relocations 14. Right of Way lines, Construction permit lines, and monuments 15. Landscaping 16. Bollards Prior to commencing work, the Contractor shall carefully compare and check all drawings, each with the other that in any way affects the location or elevation of the work to be executed by him, and should any discrepancy be found, he shall immediately report the same to the Engineer for verification and adjustment. Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at his sole expense. Original field notes, computations and other records take by the Contractor for the purpose of quantity and progress surveys shall be furnished promptly to the Engineer and shall be used to the extent necessary in determining the proper amount of payment due to the Contractor. These field notes, computations and other records shall be neat and orderly. Field notes shall be complete and in a standard format approved by the Engineer. Unless waived in each specific case, all quantity surveys made by the Contractor shall be made under the direct supervision of the Engineer. 20. MATERIAL SOURCES The Contractor shall be responsible for locating all necessary material sources, including aggregates, earthen borrow and water necessary to complete the work. The Contractor shall be responsible for meeting all transportation and environmental regulations as well as paying any royalties. The Contractor shall provide the Engineer with written approvals of landowners from whom materials are to be obtained prior to approval. The Contractor may use materials from any source, providing the materials have been tested through representative samples and will meet the Specifications. 21. CONSTRUCTION WATER AND DISPOSAL Water for compaction efforts or other work as needed by the Contractor shall be supplied by the Contractor. Water from the City of Bozeman's municipal system may only be obtained from the metered service located at the city shop complex. The Contractor will reimburse the city water department for the cost of the water used at a rate determined by the water department. Disposal of used water shall be the responsibility of the Contractor. Discharges to the surface are subject to permit and regulatory requirements. Discharge of chlorinated water is the SPECIAL PROVISIONS Page 16 responsibility of the Contractor. Discharge to sewer or storm drains must be coordinated with the Owner. 22. SITE DEWATERING Site dewatering, if required, shall consist of that dewatering necessary to construct the work as specified, including all excavation and embankment. The Contractor shall submit a plan for dewatering to the Engineer. The Contractor shall also be responsible for obtaining the necessary permits for discharge of the dewatering operations. Installation of storm sewer pipe and manholes may require bypass pumping due to groundwater infiltration and/or storm flow. Provide materials, labor,tools and equipment for bypass pumping. After obtaining Engineer's approval,block the storm sewer flow upstream of the construction activity and pump storm water past the construction area. Discharge the bypass pumping effluent back into the downstream storm sewer system. Do not surcharge the pump manhole more than 1.0 foot above the top of the pipe. Use bypass piping or hose having joints that provide a tight seal and allow no storm water to leak or discharge on the street or ground surface. Provide an operator for the pump at all times to control the operation. Ensure that the bypass pumping is working properly at all times. Equip the pump with an alarm to alert the operator in the event of primary pump failure. Provide a backup pump in case of failure of the primary pump. At least one of the pumps must be powered by a source other than electricity. Protect all bypass pumping pipe,hose, pumps, electrical service and other bypass pump apparatus from traffic and tampering. If a surface discharge occurs, stop all operations and direct all work to removing the storm water from the surface and clean up operations. Payment is included in the cost of various storm drain bid items and is full compensation for all resources necessary to complete the work entailed by this provision, and no separate measurement or payment is made. 23. SMOKE AND DUST CONTROL The Contractor shall have informed himself of all applicable State Board of Health requirements and similar state or federal requirements pertaining to control of or abatement of air pollution. He shall have provided or be prepared to provide such air pollution control measures as are required to comply with the minimum standards established by such agencies. Hauling of material and transport of equipment along public roadways or through the towns and adjacent other structures and dwellings shall require effective dust abatement procedures. This also applies to the unloading and placement of spoils material at deposition sites. The Contractor shall utilize environmentally sound methods for watering and/or otherwise chemically treating dust generating surfaces to comply with all applicable legal standards for airborne particulates. Prior to any work, the Contractor shall submit a written plan for dust abatement procedures identifying at a minimum the following: * Times and nature of dust generating activity on public roads and at deposition sites. * Nature and chemical characterization of dust abatement materials to be used. SPECIAL PROVISIONS Page 17 * Method of application of dust abatement materials to be used. * Time schedule for application of dust abatement materials to be used. * Availability of equipment and operators for emergency application of dust abatement materials at other than scheduled times. Watering for dust control is considered incidental to the Contract and shall be performed at no additional cost to the Owner. 24. WATER POLLUTION The Contractor shall comply with all laws and regulations of the Montana Department of Environmental Quality and with all other federal, state, and local laws and regulations controlling pollution of the environment. The Contractor shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. Particular care will be required to prevent excavation spoils from entering streams or watercourses. Under no circumstances will equipment be allowed to operate in flowing stream channels or native waterways. 25. TEMPORARY EROSION AND SEDIMENT CONTROL The Contractor will be solely responsible for the planning, scheduling, installation, maintenance, and removal of temporary erosion and sediment control measures to assure permit and statutory, permitting compliance. The Contractor is responsible for the removal of all erosion control devices after stabilization is obtained. Implementation of additional erosion control devices shall be installed by the Contractor's best judgment in accordance to need and permitting requirements. Impacts to wetlands, streams and channels beyond the extents governed by this Project and that authorized by approved permits is strictly the responsibility of the Contractor whom shall be responsible for all claims resulting from such unauthorized work and impacts. 26. MATERIAL DISPOSAL Load, haul and waste all unused or unsuitable excavated or otherwise removed material to be disposed to a legal site and obey all state, county, and local disposal restrictions and regulations. 27. STORED MATERIALS Contractor shall use an approved storage area for materials. It shall be the Contractor's responsibility to secure an approvable storage area. Materials and/or equipment purchased by the Contractor may be paid for on a monthly basis providing invoices for said materials and equipment are presented to the Engineer, and such materials have been approved through the submittal process are stored and insured. SPECIAL PROVISIONS Page 18 28. PEDESTRIAN ACCESSIBILITY Submit pedestrian access control plans for pedestrian access during construction to the Engineer for the City of Bozeman's for review and approval one week prior to the pre-construction meeting. Provide the same level of accessibility as currently exists at the intersection in accordance with Part 6 of the Manual on Uniform Traffic Control Devices. Measures to perpetuate pedestrian accessibility may include, but not limited to, alternate routes, temporary walking paths in casement areas, temporary curb ramps, and detectable edging. This work is considered incidental to and absorbed in the various bid items of the contract and no separate payment will be made. 29. SANITARY FACILITIES The Contractor shall furnish, install, and maintain ample sanitary facilities for all workmen. As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required by the sanitary codes of state and local governments. All such facilities and services shall be furnished in strict accordance with existing and governing health regulations. Costs for furnishing, installing, and maintaining sanitary facilities shall be considered incidental to other items of work, and no additional compensation will be allowed. 30. SPRINKLER SYSTEM RELOCATIONS Prior to excavation work, the Contractor shall determine impacts to existing lawn sprinkler irrigation systems. Coordinate with adjoining property owner to adequately locate all sprinkler heads, irrigation lines, and control. Coordinate with the property owners to temporarily shut down each system to complete the work. Remove and re-use existing sprinkler heads and set in the same general location, but outside new sidewalk limits. Replace all sprinkler heads and other irrigation features damaged as a result of the work, or damaged or inoperable due to pre-existing conditions. Other than using existing operable sprinkler heads, install new components as necessary to remove irrigation lines from within the construction limits to provide a complete, operable system. Adjust the spray patterns, nozzles and all newly installed irrigation components to provide lawn irrigation comparable to pre-work conditions. Adjustments to Northwestern Energy's sprinkler system in the northwest quadrant include the conversion and connection of the existing water service line at 14+08 LT. to the adjusted irrigation system, and installation of a meter pit and irrigation meter between the curb box and connection to irrigation line(s). Adjust or reset existing curb box on the service as necessary. Install a pit and meter approved by the City of Bozeman Water/Sewer Superintendent in type and location. Adjusting the water service is included in the per each bid price for Adjust Water Service Line. Connections to the irrigation system are included in the per each bid price for Relocate Sprinkler System. Payment for Relocate Sprinkler System in each of the four intersection quadrants is full compensation for all necessary resources to complete this item of work under the contract. SPECIAL PROVISIONS Page 19 31. USE OF COMPLETED PORTIONS The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work or such portions may not have expired;but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the completion of incomplete work or causes refinishing of completed work, the Contractor shall be entitled to such extra compensation or extension of time or both, as agreed by the Owner. 32. DETECTABLE WARNING DEVICES Provide and install detectable warning devices (also known as truncated domes) at the locations shown in the plans. Use detectable warning devices that are set-in-place cast or ductile iron with natural finish. The truncated domes shall be as shown in the plans, of square pattern, parallel alignment to provide detection by people with vision impairment and allow space for wheelchair users to roll between the domes. The detectable warning devices shall be as manufactured by the East Jordan Iron Works, 301 Spring Street, East Jordan, MI, 49727, 1-800-874-4100, or approved equal. Install detectable warning devices so they extend the full width of the ramp and the edge of the dome panel is located no more than 6 inches from the back of curb. If detectable warning surfaces require cutting, locate non-factory edges on the exterior side of the detectable warning surface installation. Set the detectable warning devices into the wet concrete in accordance with Americans with Disabilities Act and Accessibility Guidelines (ADAAG). 33. RECORD DRAWINGS The Contractor's Superintendent shall maintain at the project site, a"Record Set of Drawings" showing field changes, as-built elevations, unusual conditions encountered during construction, and such other data as required to provide the Owner with an accurate"as constructed" set of record drawings. The Contractor shall furnish the "Record Set"to the Engineer following the Final Inspection of the Project. The Contractor's final estimate and final payment will not be processed until the "Record Set" of drawings are received and approved by the Engineer. 34. MEASUREMENT & PAYMENT 34.1 Scope. This section describes the method of measurements and basis of payment for all work covered by the Contract Documents. For the purposes of this Contract,this Measurement and Payment Section shall govern and take precedence over all other references to measurement and payment (with exception to any addenda)referenced in these specifications. 34.2 Bid Prices. A. The bid price for each item of the Contract in the Bid Proposal shall cover all work shown on the Drawings and required by the SPECIAL PROVISIONS Page 20 specifications and other Contract Documents. All costs in connection with the work, including furnishing all materials, equipment, supplies and appurtenances;providing all required construction support plants, equipment, and tools; constructing and maintaining dewatering systems; and performing all necessary labor and supervision to fully complete the work, shall be included in the unit and/or lump sum prices bid in the Bid Proposal. The amounts shown on the Bid Proposal shall be the contract price. B. No item that is required by the Contract Documents for the proper and successful completion of the work will be paid for outside of or in addition to the prices submitted in the Bid Proposal. All work not specifically set forth as a pay item in the Bid Proposal shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid. 34.3 Retainage. Retainage in the amount of 5%will be withheld from each progress payment. 34.4 Estimated Quantities. Any estimated quantities stipulated in the Bid Proposal or other Contract Documents are approximate and are to be used; (1) only as a basis for estimating the probable cost of the work and(2) for the purpose of comparing the bids submitted for the work. 34.5 Incidentals. The following measurement and payment sections do not necessarily name all the incidental items required by the Contract Documents to complete the work. The cost of all such incidentals shall be included in the various related bid items. Final payment will not be made until the work is complete and accepted by the Owner. 34.6 Method of Measurement. A. No measurement of items contained in this Contract will be made on items representing a lump sum bid. B. Measurement of items contained in this Contract will be made on the number of items represented by each unit installed and described in further detail in the payment section. 34.7 Basis of Payment. Item No. Description 1. Mobilization Bonding, Insurance & Submittals (May not exceed 5% of total project bid price). * General. This bid item shall include mobilization, bonding, insurance, & submittals. SPECIAL PROVISIONS Page 21 * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Transport and set up all equipment, materials and other items needed to complete the project; • Bonding and Insurance; • Provide all submittals, shop drawings, the construction schedule, and other paperwork required prior to construction start up. * Measurement. Measurement shall be one lump sum item. * Payment. Payment shall be by the lump sum item listed on the Proposal. Payment of this bid item will be allowed once the Contractor is fully mobilized, all submittals are received, and bond and insurance certificates have been submitted and approved; thereon 100% payment will be allowed. This bid item may not exceed 5% of the total project bid price. 2. Construction Survey , Staking taking&Material Testing * General. This bid item shall include providing field surveying equipment, trained personnel, and material testing for all construction activities in accordance with this Contract. * Work Included: • Provide all surveying equipment; • Provide,all set up and take down of electronic surveying devices for location of grades and finished work; • Provide all surveys, intermediate stakes and grade control as specified; • Provide personnel for the operation of the necessary equipment; • Provide all other materials and testing services required to meet the requirements of the project including establishing moisture-density proctors, ACI testing, and final acceptance testing. * Measurement: Measurement shall be one lump sum item. * Payment: Payment shall be by the lump sum item listed on the proposal. Partial payments will be made on the basis of the percentage of the construction staking and material testing provided. 3. Traffic Control * General: This bid item shall include providing traffic control personnel and devices for all construction activities. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Prepare and provide traffic control plans for vehicular, pedestrian, and bicycle traffic; • Obtain all required agency approvals and provide approved traffic control plans; • Provide all traffic control devices and markers; • Provide all set up and take down of traffic control devices; • Provide personnel for flagging and other traffic control tasks as needed; SPECIAL PROVISIONS Page 22 • Provide all other materials and services required to control traffic in the manner approved. * Measurement: Measurement shall be one lump sum item. * Pa ent: Payment shall be by the lump sum item listed on the proposal. Partial payments will be made on the basis of the percentage of the traffic control provided and removed from the project site. 4. Erosion Control &Permits: * General: This bid item shall include preparing applications and obtaining project permits, and procuring and installing all required erosion control devices. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; • All permits, coordination and compliance inspections required for work; • Procuring and installing all erosion control devices; • Monitoring the performance of erosion control devices and providing corrections, improvements or maintenance as necessary; * Measurement: Measurement shall be one lump sum item to provide Erosion Control &Permits for the complete project. * Pam: Payment shall be one lump sum item to provide Erosion Control & Permits for the complete project. 5. Remove Trees: * General: This bid item shall include the removal of existing trees and stumps within the construction limits as shown on the plans. This work includes trimming trees as shown on the plans and as directed by the Engineer. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; • Removal of trees and stumps as shown on plans and as directed by Engineer or Owner; • Trimming existing trees as shown on plans and as directed by Engineer or Owner; • Backfilling, re-grading and compacting stump removal areas; * Measurement: Measurement will be per each tree removed. Trimming trees is not measured. * Payment: Payment for the completed and accepted quantities will be by the contract unit bid price per each tree removed. Work for trimming trees is included in the bid price for Remove Tree. 6. Remove Structure: * General: This bid item shall include removing and salvaging the existing MSU sign, concrete foundation, and sign lighting in the southeast quadrant. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals SPECIAL PROVISIONS Page 23 necessary to complete the work as specified; • Removal of concrete foundation • Removal and salvage of sign and electrical components; • Transport salvaged items to MSU Facilities; • Backfilling, re-grading and compacting removal area; * Measurement: Measurement will be per each Remove Structure. The measurement for the work required is one. * Payment: Payment for the completed and accepted quantities will be by the contract unit bid price per each. 7. Street Excavation: * General: This bid item shall include clearing, grubbing, urban street excavation, transporting on-site or imported excavation for embankment fill construction, compacting, and disposal of excess material encountered within the construction limits necessary to construct the project to the lines and grades as noted in the specifications and drawings. This bid item also includes all project saw cutting and the removal and disposal of existing concrete sidewalk, concrete curb and gutter, asphalt pavement and miscellaneous items within the construction limits to be removed, not otherwise identified as a specific bid item. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Clearing and grubbing between the construction limits, including haul and disposal of cleared and grubbed material • This item includes the saw cutting for removal, hauling, and disposing of existing bituminous surfacing, existing concrete curb and gutter, and existing concrete sidewalk as shown on the plans, or otherwise required to complete the work, or directed by the Engineer; • All urban subsoil excavation of material to construct the roadway, and sidewalk as shown in the drawings; • Haul or other transportation required to place the on-site or imported excavated material in embankment to construct the project; • Place clean excavated material into embankment meeting minimum density specifications as required to construct the project; • Subgrade preparation and compaction; • Furnishing and placing water for compaction and dust control; • Final grading and cleanup. * Measurement: Measurement for Street Excavation will be made for excavation measured from its original position as shown in the drawings. Over excavation not authorized by the Engineer, or excavation outside the lines, grades, elevations and dimensions as shown in the drawings will not be considered for measurement. Any material removed and replaced or wasted for the Contractors convenience will not be considered for measurement. Measurement for Street Excavation will be by the cubic yard based on the plan quantity. SPECIAL PROVISIONS Page 24 * Payment: Payment for the completed and accepted quantities will be at the contract unit price bid per cubic yard of Street Excavation. 8. Subexcavation * General: This bid item shall include the excavation and disposal of unsuitable material as shown in the drawings or within the subexcavation limits as identified by the Engineer. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work; • Excavation, disposal, and haul of unsuitable material below proposed subgrade; • Foundation compaction * Measurement: Measurement for Subexcavation will be made by measuring the subexcavated area and computing the volume prior to backfilling, by the cubic yard. Over excavation not authorized by the Engineer will not be considered for measurement. * Payment: Payment for the completed and accepted quantities will be at the contract unit price bid per cubic yard. 9. Crushed Base Course— 1-1/2"Minus: * General: This bid item shall include the placement of 1-1/2" minus crushed base course material of the specifications required to complete work and as noted in the drawings. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Speculation of material sources off-site; • Paying all costs for aggregate removal including rents and royalties to the material site(s) landowner; • Excavation, crushing, screening and all other work necessary to meet material specifications; • Loading, haul or other transportation required to place the material on- site to construct the project; • Place the material meeting minimum density specifications at the depths, lines, grades and elevations required to construct the project; • Furnish all material testing requirements, including establishing moisture-density proctors, and final acceptance testing; • Furnishing and placing water for compaction and dust control; * Measurement: Measurement for Crushed Base Course — 1 1/2" Minus material will be by the cubic yard, complete and accepted in-place as shown in the drawings or directed by the Engineer. * Payment: Payment will be made for complete, measured, and accepted quantities at the contract unit price bid per cubic yard. 10. Plant Mix Bituminous Surfacing Commercial Type B, PG 64-28: SPECIAL PROVISIONS Page 25 * General: This bid item consists of providing and placing Type B Commercial Plant Mix Bituminous Surface course with PG 64-28 asphalt binder of specified thickness and area. The work includes placing prime on the base course prior to plant mix bituminous paving, tacking asphalt surfaces between lifts of asphalt and other joints, and placing the final seal and aggregate cover (chip sealing) over the surfacing. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Speculation of material sources off-site; • Paying all costs for aggregate removal including rents and royalties to the material site(s) landowner; • Provide project specific mix design based on using PG 64-28 performance graded binder; • Excavation, crushing, screening and all other work necessary to meet material specifications; • Provide all materials required to complete the work in accordance to the mix-design and specifications, including aggregates, asphalt binder, hydrated lime,.tack; • Furnishing and placing prime on the prepared aggregate base course prior to plant mix bituminous surfacing; • Provide asphalt material testing and refinery certifications of the product; • Loading, haul or other transportation required to place the material; • Cleaning roadway surface of dust, dirt, and foreign material prior to tack coat application; • Place the material meeting minimum density specifications at the locations, depths, lines, grades and elevations required to construct the project; • Provide material testing, including production aggregate production control testing and mix-design of the product; • Furnish and placement of tack at all "cold"joints and between lifts of surfacing; • Providing cores and acceptance density testing of final product; • Furnishing and placing a seal coat over the completed bituminous surfacing. * Measurement: The installation of Plant Mix Bituminous Surface course Commercial PG 64-28 is measured by the ton complete and in place. * Pa ent: Plant Mix Bituminous Surface course Commercial PG 64-28 is paid for at the contract unit bid price per ton. Price and payment is full compensation for furnishing, handling, measuring, mixing, manipulation, placing and testing of materials; for hauling, placing, shaping, compacting and finishing the paving mix and other materials specified herein; for improving unsatisfactory areas, and all other incidentals to complete the work. Removal and production of wasted material will not be paid for. 11. Portland Cement Concrete Pavement 9" Colored&Patterned: SPECIAL PROVISIONS Page 26 * General: This bid item consists of providing and placing Portland Cement Concrete Pavement of specified thickness and area, with integral color and stamping pattern located at the roundabout truck apron. This work also includes construction of adjacent uncolored concrete 9" thick spill curb and gutter, and 9"thick mountable curb. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Speculation of material sources off-site; • Paying all costs for aggregate removal including rents and royalties to the material site(s) landowner; • Provide project specific mix design; • Excavation, crushing, screening and all other work necessary to meet material specifications; • Provide all materials required to complete the work in accordance to the mix-design and specifications, including cure, seal, joint sealant, reinforcement, aggregates, integral color, stamping panels; • Loading,haul or other transportation required to place the material; • Providing and placing reinforcing steel; • Place the material meeting specifications at the locations, depths, lines, grades and elevations required to construct the project; • Placing uncolored 9" thick spill curb and 9" thick mountable curb adjacent to colored and patterned PCCP truck apron; • Provide material testing, including production aggregate production control testing and mix-design of the product; • Providing grade control, material testing and acceptance testing of final product. * Measurement: The installation of Portland Cement Concrete Pavement 9" — Colored &Patterned is measured by the square yard complete and in place. * Pa ent: Portland Cement Concrete Pavement 9" — Colored & Patterned is paid for at the contract unit bid price per square.yard. Price and payment is full compensation for furnishing, handling, measuring, mixing, manipulation, placing and testing of materials; for hauling, placing, shaping, compacting and finishing; and all other incidentals to complete the work. Removal and production of wasted material will not be paid for. 12. Special Borrow * General: This bid item shall include the placing and compaction of subexcavation backfill material as shown in the drawings or within the subexcavation limits as identified by the Engineer. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work; • Haul or other transportation required to place suitable backfill material in the subexcavated area; • Placing backfill material into subexcavated area meeting minimum density specifications at the lines, grades and elevations required to SPECIAL PROVISIONS Page 27 construct the subgrade. * Measurement: Measurement for Special Borrow will be made by measuring the in-place volume by the cubic yard in its final location. * Payment: Payment for the completed and accepted quantities will be at the contract unit price bid per cubic yard. 13. Flowable Fill * General: This bid item shall include furnishing and placing excavatable flowable fill material as shown in the plans or as identified by the Engineer to seal storm drain trenches crossing utilities. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work; • Providing a mix design for excavatable flowable fill; • Haul or other transportation required to place material; • Placing flowable fill material; • Any exploratory excavation, repair work, protection, and slow down in progress due to encountering any utility conflict. * Measurement: Measurement for Flowable Fill will be made by measuring the in-place volume by the cubic yard in its final position. Measurements shall be taken prior to placing flowable fill. * Payment: Payment for the completed and accepted quantities will be at the contract unit price bid per cubic yard. 14. Remove Storm Drain: * General: This bid item shall include all equipment, labor and associated work for removing existing storm drain pipe installations as specified. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Excavation of storm drain pipes to expose and remove; • Removal and disposal of excess material and pipes to an approved location outside of the project site; • Any exploratory excavation, repair work, protection, and slow down in progress due to encountering any utility which crosses the existing pipes. * Measurement: Measurement to Remove Storm Drain will be by the linear foot measured along the length of pipe specified, regardless of pipe diameter. * Payment: Payment for the completed and accepted quantities will be by the contract unit price bid per linear foot. 15. Remove Manholes: * General: This bid item shall include all equipment, labor and associated work for removing existing manholes as specified. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Excavation of manholes to expose and remove; SPECIAL PROVISIONS Page 28 • Removal and disposal of excess material and manholes to an approved location outside of the project site; • Any exploratory excavation, repair work, protection, and slow down in progress due to encountering any utility which crosses the existing manholes. * Measurement: Measurement to Remove Manholes will be per each manhole, regardless of manhole diameter. * Payment: Payment for the completed and accepted quantities will be by the contract unit price bid per each. 16. Remove Curb Inlets: * General: This bid item shall include all equipment, labor and associated work for removing existing curb inlets as specified. * Work Included: 0 All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Excavation of curb inlets to expose and remove; • Removal and disposal of excess material and inlets to an approved location outside of the project site; • Any exploratory excavation, repair work, protection, and slow down in progress due to encountering any utility which crosses the existing inlets. * Measurement: Measurement to Remove Curb Inlets will be per each inlet, regardless of inlet size. * Payment: Payment for the completed and accepted quantities will be by the contract unit price bid per each. 17-21. Storm Drain Pipe: * General: This bid item shall include fizrriishing and installing new Storm Drain Pipe of the material and dimensions specified. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Trench excavation, foundation preparation and compaction, and furnishing and placing pipe bedding to place the pipes to the lines and elevations specified; • Removal and disposal of all material generated from excavation operations; • Subexcavation of saturated or yielding subgrades as required to provide a firm, unyielding pipe foundation bed; • Furnishing and placing subexcavation foundation material as a subbase to pipe bedding as required to provide for a firm, unyielding pipe bed; • Connections to the existing storm drain pipes; • By-pass pumping; • Any exploratory excavation, repair work, protection, and slow down in progress due to encountering any utility which crosses the proposed storm drain pipes. * Measurement: Measurement for Storm Drain Pipe will be by the linear foot measured along the flowline for the length of finished pipe installed. SPECIAL PROVISIONS Page 29 * Pa ent: Payment for the completed and accepted quantities will be by the contract unit price bid per linear foot of pipe for the type, size and material specified. 22-23. Manholes: * General: This bid item shall include furnishing and installing new Storm Drain Manholes for the type, materials and dimensions specified. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Excavation, foundation preparation and compaction, and furnishing and placing bedding to place the manhole to the elevations specified; • Removal and disposal of all material generated from excavation operations; • Subexcavation of saturated or yielding subgrades as required to provide a firm, unyielding manhole foundation bed; • Furnishing and placing subexcavation foundation material as a subbase to manhole bedding as required to provide for a firm, unyielding bed; • Connections to the storm drain pipes; • Any exploratory excavation, repair work, protection, and slow down in progress due to encountering any utility which crosses the manhole. * Measurement: Measurement for Manholes will be per each manhole installed. * Payment: Payment for the completed and accepted quantities will be by the contract unit price bid per each. 24. Manhole 60" Special Design: * General: This work is the removal of the existing Northwestern Energy rectangular concrete electrical vault, and the furnishing and installation of a new replacement 60" diameter special design manhole at 1I'h Avenue Sta. 13+44.5, 39.9' LT. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Removal and disposal of the existing concrete electrical vault, including coordination with Northwestern Energy; • Excavation, foundation preparation and compaction, and furnishing and placing bedding, and backfill to place the manhole to the elevations specified; • Removal and disposal of all material generated from excavation; • Furnishing and installing new special design concrete manhole with block outs for existing three phase electrical conduit including steps, concrete base, frame and cover; • Any exploratory excavation, repair work, protection, and slow down in progress due to encountering any utility which crosses the manhole. * Measurement: Measurement for 60" Manhole Special Design will be per each manhole. * Payment: Payment for the completed and accepted quantities will be by the contract unit price bid per each. SPECIAL PROVISIONS Page 30 25. 24"Riser Inlet: * General: This bid item shall include furnishing and installing a 24" Diameter Storm Drain Riser Inlet as specified. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Excavation, foundation preparation and compaction, and furnishing and placing bedding to place the inlet to the elevations specified; • Removal and disposal of all material generated from excavation operations; • Subexcavation of saturated or yielding subgrades as required to provide a firm, unyielding inlet foundation bed; • Furnishing and placing subexcavation foundation material as a subbase to inlet bedding as required to provide for a firm,unyielding bed; • Furnishing and installing new drop inlet with grate as specified; • Connections to the storm drain pipes; • Any exploratory excavation, repair work, protection, and slow down in progress due to encountering any utility which crosses the inlet. * Measurement: Measurement for 24"Riser Inlet will be per each inlet. * Payment: Payment for the completed and accepted quantities will be by the contract unit price bid per each. 26. 36" Curb Inlet: * General: This bid item shall include furnishing and installing a 36" Diameter Storm Drain Curb Inlet as specified. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Excavation, foundation preparation and compaction, and furnishing and placing bedding to place the inlet to the elevations specified; • Removal and disposal of all material generated from excavation operations; • Subexcavation of saturated or yielding subgrades as required to provide a firm, unyielding inlet foundation bed; • Furnishing and placing subexcavation foundation material as a subbase to inlet bedding as required to provide for a firm,unyielding bed; • Furnishing and installing new curb inlet with grate as specified; • Connections to the storm drain pipes; • Any exploratory excavation, repair work, protection, and slow down in progress due to encountering any utility which crosses the inlet. * Measurement: Measurement for 36" Curb Inlet will be per each inlet. * Payment: Payment for the completed and accepted quantities will be by the contract unit price bid per each. 27. Combination 48"Manhole &Curb Inlet: * General: This bid item shall include furnishing and installing a 48" Diameter Storm Drain Combination Manhole &Curb Inlet as specified. * Work Included: SPECIAL PROVISIONS Page 31 • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Excavation, foundation preparation and compaction, and furnishing and placing bedding to place the inlet to the elevations specified; • Removal and disposal of all existing material generated from excavation operations; • Subexcavation of saturated or yielding subgrades as required to provide a firm, unyielding inlet foundation bed; • Furnishing and placing subexcavation foundation material as a subbase to inlet bedding as required to provide for a firm, unyielding bed; • Furnishing and installing new combination manhole and curb inlet with grate as specified; • Connections to the storm drain pipes; • Any exploratory excavation, repair work, protection, and slow down in progress due to encountering any utility which crosses the inlet. * Measurement: Measurement for 48" Combination Manhole & Curb Inlet will be per each inlet. * Pa ent: Payment for the completed and accepted quantities will be by the contract unit price bid per each. 28. Manhole Lid and Frame: * General: This bid item shall include furnishing and installing new 4" deep manhole lid and frame as specified for replacing the existing 7" deep manhole lid and frame on a Northwestern Energy electrical vault. The location is at College St. Sta. 24+79.9, 31.0' RT. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Removal and disposal of the existing manhole lid and frame, including coordination with Northwestern Energy prior to undertaking the work; • Furnishing and installing new 4" deep manhole lid and frame on the electrical vault, Style 3771 manufactured by E.J.I.W., or approved equal; • Providing any special requirements for concrete sidewalk construction at vault and new manhole lid and frame location. * Measurement: Measurement for Manhole Lid and Frame will be per each. * Pa M : Payment for the completed and accepted quantities will be by the contract unit price bid per each. 29. Concrete Sidewalk 4": * General: This item includes construction of concrete sidewalk 4" thick with 3" crushed base course, meeting current Americans with Disabilities Act (ADA) guidelines. This item also includes construction of ADA curb ramps and bicycle ramps at the locations on the plans, as specified, and as detailed in this Contract. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; SPECIAL PROVISIONS Page 32 • Furnishing, shaping and compaction of underlying 3" thick crushed base course to achieve lines, grades and elevations in plans, including testing; • Complete concrete material acceptance testing; • Furnish,place, and strip all necessary form work; • Furnish and place all cast-in-place Portland Cement Concrete with Fibermesh; • Furnish and place all reinforcing steel, joint material, finishing, curing, coating, saw cutting, and other materials appurtenant thereto; • Provide broom finish on ADA ramps; • Provide all materials and labor to perform any cold weather concreting procedures. * Measurement: Measurement shall be by the square yard of Concrete Sidewalk 4" placed. Measurement shall be made from areas shown on the plans or as measured by the Engineer and will include ADA curb ramps, curb retaining walls,bicycle ramps and ramp flared sides. * Payment: Payment shall be at the contract unit price bid for each square yard of concrete placed. Payment for this item will be made only after the work has been completed and recommended for payment by the Engineer. 30. Concrete Sidewalk 6": * General: This item includes construction of concrete sidewalk 6" thick with 3" crushed base course, meeting current Americans with Disabilities Act (ADA) guidelines. This item also includes construction of ADA ramps at driveways at the locations on the plans, as specified, and as detailed in this Contract. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; • Furnishing, shaping and compaction of underlying 3" thick crushed base course to achieve lines, grades and elevations in plans, including testing; • Complete concrete material acceptance testing; • Furnish, place, and strip all necessary form work; • Furnish and place all cast-in-place Portland Cement Concrete with Fibermesh; • Furnish and place all reinforcing steel, joint material, finishing, curing, coating, saw cutting, and other materials appurtenant thereto; • Provide broom finish on ADA ramps; • Provide all materials and labor to perform any cold weather concreting procedures. * Measurement: Measurement shall be by the square yard of Concrete Sidewalk 6" placed. Measurement shall be made from areas shown on the plans or as measured by the Engineer and will include ADA ramps. * Payment: Payment shall be at the contract unit price bid for each square yard of concrete placed. Payment for this item will be made only after the work has been completed and recommended for payment by the Engineer. 31. Concrete Median Cap: SPECIAL PROVISIONS Page 33 * General: This item includes construction of concrete median cap including crushed base course at the locations on the plans, as specified, and as detailed in this Contract. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; • Furnishing, shaping and compaction of underlying crushed base course to achieve lines, grades and elevations in plans, including testing; • Complete concrete material acceptance testing; • Furnish and place all cast-in-place Portland Cement Concrete with Fibermesh; • Furnish and place all reinforcing steel, joint material, finishing, curing, coating, saw cutting, bond breaker, and other materials appurtenant thereto; • Provide all materials and labor to perform any cold weather concreting procedures. * Measurement: Measurement shall be by the square yard of Concrete Median Cap placed. Measurement shall be made from areas shown on the plans or as measured by the Engineer. * Payment: Payment shall be at the contract unit price bid for each square yard of concrete placed. 32. Detectable Warning Devices: * General: This item includes furnishing and installing ADA Detectable Warning Devices in concrete sidewalk ramps and concrete splitter islands as shown on the plans. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; * Measurement: Measurement shall be by the square yard of Detectable Warning Devices placed. Measurement shall be made from areas shown on the plans or as measured by the Engineer. * Payment: Payment shall be at the contract unit price bid per square yard of warning surface installed and approved. 33. Concrete Median Curb: * General: This bid item shall include the installation of Concrete Median Curb at the locations shown on the plans. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Furnish and install all reinforcement and supports; • Furnish and erect all forming, prepare existing concrete in contact with pour; • Furnish,place and finish Portland Cement Concrete; • Furnish and complete all concrete acceptance testing; • Furnish, compaction and testing of all base surfacing; • Strip and remove forming; • Provide all materials and labor to perform any cold weather concreting procedures. SPECIAL PROVISIONS Page 34 * Measurement: Measurement will be per linear foot of concrete median curb installed. The lineal distance is measured along the flow line of the median curb. * Payment: Payment will be made at the contract unit price per linear foot of concrete median curb placed and accepted and is full compensation for all materials, concrete, curing, joints and joint materials, reinforcing, all equipment, tools, labor, and all incidentals necessary to complete the item. 34. Concrete Curb and Gutter: * General: This bid item shall include the installation of Concrete Curb and Gutter at the locations shown on the plans. * Work Included: * All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Furnish and install all reinforcement and supports; • Furnish and erect all forming,prepare existing concrete in contact with pour; • Furnish, place and finish Portland Cement Concrete; • Furnish and complete all concrete acceptance testing; • Strip and remove forming; • Provide all drop curb, pedestrian and bicycle ramp and ramp transitions; • Provide all materials and labor to perform any cold weather concreting procedures. * Measurement: Measurement will be per linear foot of integral concrete curb and gutter installed. The lineal distance is measured along the top back of the curb. * Payment: Payment will be made at the contract unit price per linear foot of concrete curb and gutter placed and accepted and is full compensation for all materials, concrete, curing, joints and joint materials, reinforcing, all equipment, tools, labor, and all incidentals necessary to complete the item. Spill curb and gutter and mountable curb located at the P.C.C.P. truck apron is paid for under the P.C.C.P. —9 " Colored &Patterned bid item. 35. Soddin : * General: This item includes stripping, salvaging, stockpiling, and replacement of topsoil. This item also includes the placement of sod and fertilizer as specified. All vegetative areas disturbed by construction activities require topsoil and sod. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; * Stripping, salvaging, stockpiling, and replacement of topsoil; • Smooth grading over finished construction slopes; • Importing topsoil if there is not adequate existing topsoil to be salvaged on the project site; Preparing areas for fertilizing and sod; • Furnishing and placing sod for all disturbed areas within construction limits; SPECIAL PROVISIONS Page 35 • Coordination of sod placement with installation of landscaping and irrigation sprinkler systems. * Measurement: Measurement shall be by the square yard for Sodding. Fertilizer is not measured, but is included in the measurement of sod. Topsoil stripping, salvaging, stockpiling, replacement and adding supplemental topsoil if required, are not measured for payment. Contractor storage and staging areas, and disturbed areas not depicted on the plans as a result of Contractor operations shall be topsoiled and sodded and will not be measured for payment,but considered incidental to the work. * Payment: Payment shall be at the contract unit price bid for square yards of Sodding. Topsoil stripping, salvaging, stockpiling and replacing is included in the unit bid price for Sodding. 36. Landscaping: * General: This item includes the Landscaping of the central island area and substation wall area. Montana State University will provide and install plant stock and rock cover in the central portion of the central island, as shown on the plans, after completion of this contract. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; • Preparing areas for landscaping; • Furnishing and placing plant stock, edging, weed barrier fabric, landscape rock, maintenance, watering, fertilizer, planting soil mix, compost, herbicide, and antidesiccant, as specified. • Relocating boulders as shown on the plans or as directed by the Engineer; • Coordination with installation of sod and irrigation sprinkler systems. * Measurement: Measurement shall be by the lump sum for Landscaping. * Payment: Payment shall be at the contract unit price bid per lump sum for Landscaping. 37. Rip Rap: * General: This item includes the furnishing and placement of rip rap at the existing drainage swale as shown in the plans. The riprap shall be stone, of which 100% being a nominal 1.0 foot diameter or less, with no more than 10%being less than 0.3 feet in diameter. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; • Clearing, grubbing, and preparation of area for rip rap; • Removal and disposal of excess material generated by excavation operations; • Excavation, crushing, screening and all other work necessary to meet material specifications; • Loading, haul, hand placement, or transportation required to place rip rap. Uniformly distribute the smaller stones throughout the work. Manipulate the stones by hand or machine to provide a uniform surface and stable mass; • Placing rip rap at the locations, depths, and elevations shown on the plans. SPECIAL PROVISIONS Page 36 * Measurement: Measurement shall be by the cubic yard of Rip Rap in place in its final position. * Payment: Payment shall be at the contract unit price bid per cubic yard for Rip Rap. 38. Retaining Wall: * General: This item includes the furnishing and placement of a split face masonry block retaining wall as specified and as shown in the plans. The wall shall consist of masonry blocks integrally tied together with anchor pins. Reinforcement into earth slopes is not required. The wall batter at the end of construction is to be 8:1 vertical to horizontal. Supply standard split-face blocks similar to Versa-Lok, Anchor, Keystone, or approved equal. Install the retaining wall per manufacturer's specifications. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; • Furnishing and installation according to retaining wall manufacturer's recommendations; • Excavation, foundation preparation, and leveling pad installation; • Installation of drain pipe and drain aggregate behind wall; • Backfill and compaction; • Expansion joint installation at edge of sidewalk; • Placing split face masonry blocks with cap blocks in accordance with manufacturer's recommendations. * Measurement: Measurement shall be by the square foot of the Retaining Wall face. * Payment: Payment shall be at the contract unit price bid per square foot for Retaining Wall. 39. Bollards: * General: This item includes the furnishing and placement of bollards at locations shown in the plans, and removal of existing bollards. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; • Stake the proposed bollard locations at the locations specified. Adjust locations if necessary, at direction of Engineer to protect existing electrical switch boxes (which power the entire MSU campus) on the southwest quadrant, to avoid impacting existing buried utilities, and to provide 10 foot clear maintenance area at switch box doors and 2 foot clearance minimum behind a walkway or back of curb; • Assure all welds are galvanized prior to installation if prefabricated. • Galvanize all welds performed during installation; • Removing existing bollards as shown on plans; • Excavation and foundation preparation; • Concrete foundation; • Furnish and install bollard as shown on plans, including cap, and paint. SPECIAL PROVISIONS Page 37 * Measurement: Measurement shall be per each new Bollard. Bollard Removal is not measured for payment. * Payment: Payment shall be at the contract unit price bid per each new Bollard, and includes Bollard Removal. 40. Remove and Salvage Luminaires: * General: This item includes the removal and salvage of MDT and MSU luminaires to the respective department yard. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; • Removing existing luminaires as shown on plans, including all appurtenances and securely attaching all salvageable equipment. Take care to not damage components to be salvaged. Securely attach all miscellaneous parts associated with the salvaged equipment (e.g., nuts, bolts, washers) to the equipment to prevent loss or damage; • Removing and disposing of foundations and wiring; • Backfilling, compaction and rough grading; • Delivering salvaged equipment to MDT and MSU yards or as directed by Engineer. Contact the MDT Division Yard in Bozeman at 406-556-4700 to arrange and deliver the MDT salvaged equipment to 907 N Rouse Avenue, Bozeman, MT. Contact the MSU Facilities Department at 406-994-4131 to arrange and deliver the MSU salvaged equipment to a location to be determined at MSU; • After identified luminaires are removed and salvaged, furnish and install new electrical service connections between luminaires left in place to provide a complete operable circuit; • Disposal of all non-salvageable components. * Measurement: Measurement shall be per each for Remove and Salvage Luminaire. * Payment: Payment shall be at the contract unit price bid per each for Remove and Salvage Luminaire. 41. Electrical: * General: This item includes furnishing and installing street lighting and electrical items at the roundabout for future use. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; • Excavation, foundation preparation,backfill, and rough grading; • Furnishing and installing electrical items as shown on plans and as specified, including but not limited to concrete pull boxes, foundation concrete, luminaire standards and assemblies, plastic and steel conduit, service assembly, wiring, and connectors; • Coordinating with NorthWestern Energy. NorthWestern Energy shall provide and complete the power connection to the new metered service assembly. • Any exploratory excavation, repair work, protection, flowable fill, and slow SPECIAL PROVISIONS Page 38 down in progress due to encountering any utility which crosses the electrical. * Measurement: Measurement shall be per lump sum for Electrical to provide a complete and functioning street lighting system. * Payment: Payment shall be at the contract unit price bid per lump sum for Electrical. 42. Sign Removal: * General: This bid item shall include all equipment, labor and associated work for removing sign installations as specified or as directed by Engineer. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Excavation of sign including any sign footing or support system attached above or under existing ground, including backfill and compaction of the foundation hole with earthen material to finish grade; • Removal and disposal of sign foundations and supports to an approved location outside of the project site; • Salvaging and transport of existing sign panels removed to the respective owner maintenance/storage yards (the City of Bozeman and MSU). The Engineer will coordinate with the Contractor on which entity owns which sign. * Measurement: Measurement for Sign Removal will be per each. * Payment: Payment for the completed and accepted quantities will be by the contract unit price bid per each. 43. Sign Installation: * General: This bid item shall include all equipment, labor and associated work for furnishing and installing new sign installations as specified or as directed by Engineer. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Excavation and foundation preparation; • Installing foundations as specified; • Installing sign posts; • Installing new sign faces; * Measurement: Measurement for Sign Installation will be per each. Multiple sign panels installed on a single post is measured as one unit installed. * Payment: Payment for the completed and accepted quantities will be by the contract unit price bid per each. 44. Flexible Delineators: * General: This bid item shall include all equipment, labor and associated work for furnishing and installing yellow or white flexible delineators on the roundabout splitter islands. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete SPECIAL PROVISIONS Page 39 the work as specified; • Install delineator as shown on the plans as specified. * Measurement: Measurement for Flexible Delineator will be per each. * Payment: Payment for the completed and accepted quantities will be by the contract unit price bid per each. 45. Pavement Markings: * General: This item includes the placing of yellow thermoplastic, white thermoplastic, and white epoxy pavement markings, and yellow curb epoxy as specified in a single, final application to the prepared surfaces. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Pre-application surface sweeping, cleaning and all preparations of the existing surface to receive the marking; • Furnish and place curb and pavement markings at the locations and color shown on the plans and as specified in this document; * Measurement: Measurement for Pavement Markings is lump sum for completed and accepted in-place, according to the dimensions specified. * Payment: Payment for Pavement Markings shall be at the lump sum contract price as installed and accepted, according to the dimensions specified. 46. Remove Water Service: * General: This bid item shall include all equipment, labor and associated work for removing existing water service by capping at the water main and removing the existing curb stop and box, and removing the existing water meter manhole. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Removal of existing water service by capping at the water main; • Removal and disposal of existing curb stop, box, water meter manhole, and all items necessary to complete this work. • Coordinate work with Northwestern Energy and with the installation of relocating and adjusting the existing sprinkler system. * Measurement: Measurement for Remove Water Service will be per each. * Payment: Payment for the completed and accepted quantities will be by the contract unit price bid per each. 47. Relocate Sprinkler System: * General: This bid item shall include the relocation of lawn irrigation sprinkler systems in conflict with the work to be outside the construction limits, and replacing the systems to be within the construction limits, to match new work line and grades. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; SPECIAL PROVISIONS Page 40 • Coordination with the irrigation system owner and Engineer, prior to and during all work; • Identify and locate irrigation heads and subsurface components to be relocated; • Temporarily shutting down water flow to complete the work; • Expose all fixtures to be relocated; • All trenching for relocated components; • Removing and relocating undamaged sprinkler irrigation heads to a new locations at the edge of construction; • Supplying and installing new heads damaged by the work; • Supplying and installing all other new components needed to complete an operational irrigation system to match the lines and grades of the construction; • Backfilling and spreading salvaged topsoil to meet adjacent grades; • Leak testing and final operational adjustments to provide adequate head-to- head irrigation coverage; • Provide all equipment, tools and materials for conducting all testing and repairs required; • Connect adjusted sprinkler system in northwest quadrant to the adjusted water service line, and coordinate with removal of existing water service and water meter manhole; • Remove and dispose of all materials removed that are otherwise not specified to be salvaged. * Measurement: Measurement shall be per each Relocate Sprinkler System as designated on the plans. The unit of measure is by quadrant of work, where the work in the Northeast, Northwest, Southeast, and Southwest quadrants of the intersection is comprised of one each, regardless of zone layouts. * Payment: Payment for the completed and accepted quantities will be by the contract unit price bid per each Relocate Sprinkler System. 48. Adjust Water Service Line: * General: This bid item shall include all equipment, labor and associated work for adjusting the existing water service line for the conversion to an irrigation service line. This work includes furnishing and installing an operational meter, installed in a meter pit (also to be furnished and installed by the Contractor) between the curb box and connection to the irrigation lines, connecting the water service to the adjusted sprinkler system in the northwest quadrant, and adjusting or resetting the curb box on the service as necessary. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Coordination with Northwestern Energy on this work; • Adjusting the existing water service line as necessary for connection to the adjusted sprinkler system in the northwest quadrant; • Installation of a fully operational meter pit between the curb box and connection location to the irrigation line(s). The pit and components shall be as approved by the City of Bozeman Water/Sewer Superintendent in type and SPECIAL PROVISIONS Page 41 location; • Adjusting or resetting the curb box on the service as necessary, and all items necessary to complete this work. * Measurement: Measurement for Adjust Water Service Line will be per each. * Payment: Payment for the completed and accepted quantities will be by the contract unit price bid per each. 49. Adjust Manholes: * General: This bid item shall include all equipment, labor and associated work for adjusting manholes. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Coordinating with respective utility owner; • Adjusting manhole to finished grade as detailed and specified. * Measurement: Measurement for Adjust Manholes will be per each. * Payment: Payment for the completed and accepted quantities will be by the contract unit price bid per each. 50. Adjust Water Valve: * General: This bid item shall include all equipment, labor and associated work for adjusting water valves. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Coordinating with respective utility owner; • Adjusting water valve box to finished grade as detailed and specified. * Measurement: Measurement for Adjust Water Valves will be per each. * Payment: Payment for the completed and accepted quantities will be by the contract unit price bid per each. 51. Adjust Curb Box: * General: This bid item shall include all equipment, labor and associated work for adjusting water curb boxes. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Coordinating with respective utility owner; • Adjusting curb box to finished grade as detailed and specified. * Measurement: Measurement for Adjust Curb Box will be per each. * Payment: Payment for the completed and accepted quantities will be by the contract unit price bid per each. 52. Adjust Gas Valve: * General: This bid item shall include all equipment, labor and associated work for adjusting gas valves. * Work Included: SPECIAL PROVISIONS Page 42 • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Coordinating with respective utility owner; • Adjusting gas valve to finished grade. * Measurement: Measurement for Adjust Gas Valve will be per each. * Payment: Payment for the completed and accepted quantities will be by the contract unit price bid per each. 53. Monument Box: * General: This bid item shall include all equipment, labor and associated work for furnishing and installing monument boxes at locations on the plans. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Install monument boxes as shown on the plans as specified; • Setting and marking the monument to the point dictated by monument records. The mark for the monument shall be set by a Profession Land Surveyor registered in the State of Montana. * Measurement: Measurement for Monument Box will be per each. * Pa, it t: Payment for the completed and accepted quantities will be by the contract unit price bid per each. 54. Geotextile Stabilization: * General: This bid item shall include all equipment, labor and associated work for furnishing and installing stabilization geotextile within the subexcavation limits as shown on the plans or as directed by the Engineer. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Furnish and install geotextile fabric to line the subexcavation area as specified. * Measurement: Measurement for Geotextile Stabilization will be by the square yard in place, not including overlap or excess fabric. * Payment: Payment for the completed and accepted quantities will be by the contract unit price bid per square yard. 55. Waterline Insulation: * General: This bid item shall include all equipment, materials, labor and associated work to locate and install high density insulation board in sand bedding centered over existing City water mains as shown on the plans. * Work Included: • All labor, tools, equipment, materials, and incidentals necessary to complete the work as specified; • Trench excavation, disposal of excavated material and trench compaction; • Furnishing and placing bedding sand and insulation board; • Cutting and butting board ends on irregular alignments to provide a neat seam between each board installed • Backfill and compaction within the trench as required. SPECIAL PROVISIONS Page 43 * Measurement: Measurement for Waterline Insulation will be by the square yard of insulation board placed, complete in its final position, measured along the surface of the installation. * Payment: Payment for the completed and accepted quantities will be by the unit price bid per square yard. 35. CITY OF BOZEMAN STANDARD SPECIAL PROVISIONS AND RIGHT-OF- WAY AGREEMENTS The City of Bozeman Standard Special Provisions and Right-of-Way Agreements as agreed to between the City of Bozeman and adjoining property owners are contained in the following pages. The Contractor shall adhere to the requirements of the Right-of-Way Agreements. If any discrepancy between the project specifications and the Right-of-Way Agreements are observed, the Contractor shall immediately bring it to the attention to the Engineer whom will coordinate with the City of Bozeman to determine the course of action. SPECIAL PROVISIONS Page 44 SPECIAL PROVISIONS Any contract documents for which the City of Bozeman acts as the contracting agent,(i.e.,signatory to the contract), shall include the following additions or changes to the Montana Public Works Standard Specifications. 1. GENERAL All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications, Fourth Edition (MPWSS-5th), published March, 2003, including all addenda,which by this reference are hereby included as part of this specification as modified herein by the City of Bozeman. All correspondence and official authorization concerning the work shall be with the City Engineer or his designated representatives as identified at the preconstruction meeting. Any changes in the work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractor's risk at no cost to the Owner. All damages,reparations,and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. AWARD OF CONTRACT The award of the contract,if awarded,will be made within the period specified in the Invitation to Bid to the lowest responsible Bidder whose bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter,mailed to the address shown on the bid,that his bid has been accepted and that he has been awarded a contract. The bid schedules may be awarded as a single total combined contract,may be awarded singly as separate contracts,or in any combination of schedules which result in the lowest project cost to the Owner. 3. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the contract time shall be stated in a written NOTICE TO PROCEED written by the City Engineer to the Contractor. In establishing the date when contract time begins,the Engineer will consider that the contract time begins following delivery of the NOTICE TO PROCEED. The contract time will expire automatically the number of calendar days stated as contract time,except as the contract time may be extended by change order. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 4. LIQUIDATED DAMAGES Subject to the provisions of the contract documents, the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. COBMODS 2004 ADDENDUM NO. 3 Page - I - of 6 SPECIAL PROVISIONS As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of $200.00 per calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 5. COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the proj ect following the bid opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner. 6. NAMES,PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer,trade name,or brand,such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written approval of the Owner. No substitutions will be considered until after contract award. 7. APPROVAL OF EQUIPMENT AND MATERIAL The Contractor shall furnish to the Owner or its Engineer for approval the name of the manufacturer of machinery, mechanical and other equipment and materials which he contemplates using in execution of the work,together with the performance capacities and such other information which may be pertinent or required by the Owner. 8. BIDDER'S QUALIFICATIONS The Contractor shall show evidence that he has the finances,organization,and equipment to perform the work with a limited number of subcontractors. The Contractor will be required to have a full- time resident General Superintendent on the job at all times while the work is in progress. He shall be in a position to direct the work and make decisions either directly or through immediate contact with his superior. Absence or incompetence of the Superintendent shall be reason for the Owner to stop all work on the project. 9. WARRANTY If, within two years after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice form the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. COBMODS 2004 ADOEOM M NO. 3 Page - 2 - Of 6 SPECIAL PROVISIONS 10. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing,and progress in which the Contractor proposes to prosecute the work. This schedule shall be in bar graph,CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule. 11. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a preconstruction conference will be held at the site of the project for the purpose of discussing requirements on such matters as project supervision,on-site inspection,progress schedules and reports,payrolls,payment to contractors,contract change orders,insurance,safety,and any other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel and a representative from each of the affected utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and any problems anticipated. 12. SHOP AND FABRICATION DRAWINGS The Contractor shall prepare and submit fabrication drawings, design mix information, material testing compliance data, and other data in accordance with the General Conditions. Following review,the Contractor shall resubmit copies of any drawings which required revision or correction. Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper operation of any item required under the Contract. Not withstanding any such review,Contractor shall remain solely responsible for full and complete performance in accordance with the terms,conditions,provisions, drawings and specifications set forth in the Contract Documents. 13. UNDERGROUND UTILITIES The Contractor shall be responsible for checking with the Owners of the underground utilities such as the City,County,power and telephone companies, etc., as to the location of their underground installations in the project area. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. A Montana One-Call system(1-800-424-5555)has been established to facilitate requests for underground facility location information. The Contractor is cautioned that all utilities may not COBMODS 2004 ADDENDUM NO. 3 Page - 3 - of 6 SPECIAL PROVISIONS be on this system. 14. EASEMENTS RIGHTS-OF-WAY,ADJOINING PROPERTY The Contractor shall contain all of his construction operations within the easements and rights-of- way unless written approval is secured from the Owner of the adjoining property or written approval is given by the Owner to utilize the adjacent land area. 15. TRAFFIC CONTROL A. GENERAL The Contractor shall at all times conduct his operations so that there is a minimum interruption in the use of City streets affected by the work. Exact procedures in this respect shall be established in advance of construction with the City Engineer. Barricade function, design and construction shall conform to the latest edition of the Manual on Uniform Traffic Control Devices and the Standard Specifications for Road and Bridge Construction of the State Highway Commission of Montana,latest edition. Should construction of the project require the closure of any streets,roads or highways or require night-time or long-term traffic control, the Contractor shall be required to prepare a detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the specific conditions. In regards to closures,the plan shall include specific details on traffic detours and estimated duration of the closures. Details of signing, barricades, flagging and other traffic control devices shall be included, and the TRAFFIC CONTROL PLAN shall be approved by the City Engineer or his designated representative prior to construction. B. TRAFFIC ACCESS Construction work shall be programmed by the Contractor so that local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all residents in the area of programmed work of street closures,parking requirements and restriction,and any other conditions,a minimum of twenty-four (24)hours prior to beginning work within the affected area. All signing,barricades,and other traffic control measures shall be provided by the Contractor. C. WARNING SIGNALS All streets,roads,highways and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed, mounted or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations within the construction area shall be provided with suitable barriers,signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over,and obstructions,including but not limited to material stockpiles and equipment, shall be similarly protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. CDSMODS 2004 ADDENDUM NO. 3 Page - 4 - of 6 SPECIAL PROVISIONS 16. DISPOSAL,EROSION, WATER POLLUTION,AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed on private property not owned by the Contractor., evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all local,state,and federal laws and regulations pertaining to erosion control, fill in wet lands, and floodplains. The Contractor shall dispose of all refuse and discarded material in an approved location. The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments.. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers,streams,impoundments or into natural or manmade channels leading thereto. In addition,the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Department of Fish,Wildlife and Parks,Department of Environmental Quality and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with erosion control and groundwater dewatering operations. Contractor's responsibility shall include all cleanup,restoration,etc.,of any detention or discharge areas. 17. PROTECTION OF EXISTING PAVEMENT All equipment shall be fitted with pads on the outriggers and other accessories as necessary to prevent damage to existing pavement during the course of the project. Any damages to pavement shall be corrected by the Contractor, at his expense,in a manner directed by the Engineer. 18. OPERATION OF EXISTING AND NEW VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. When new or existing valves are used to take water from the City of Bozeman water distribution system,they shall be operated by City ofBozeman personnel only. 19. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the City of Bozeman and shall be delivered to a site specified by the City of Bozeman. Should the City of Bozeman choose not to accept any salvageable items,then the Contractor shall dispose of those items at his expense at a site or landfill acceptable to the Engineer. Any costs for the above work shall be at the Contractor's expense. COSMODS 2004 ADDENDUM NO. 3 Page - 5 - of 6 SPECIAL PROVISIONS 20. ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers or records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit,examination, excerpts or transcriptions. 21. INSURANCE Insurance coverages required under this contract shall extend, at a minimum, to the end of the contract time. COBMODS 2004 ADDEND13M NO. 3 Page - 6 - of 6 SPECIAL PROVISIONS CITY OFBOZEMAN Collegott Ph Roundabout Project Parcel2—Colombo CourityofGallatin RIGHT OF WAY AGREEMENT A PARCEL OF LAND SITUATED IN THE SOUTHEAST 1/4 SECTION 12,TO,WNSHIP 2 SOUTH RANGE 5 EAST, P.M:h1 GALLATIN.COUNTY.MON 1 ANA AN,D BEING PART OF THAT LAND DEEDED TO 10 EPH.J.AND.JANET E.COLOMBO BY DEED RECORDED IN BOOK 1'15.PAGC4232,RECORDS OFGALLATIN'COUNTY.AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS ALSO BEING SHOWN UPON'IiRHIBIT'A-ATTACHED HERETO AND MADE APART HEREOF:. BEGINNING AT THE SOUTHWEST CORNER-OF LOT 15 BLOCK 52 OF THE WEST PARK ADON TO BOZEbIAN. WHICH IS ON THE EASTERLY RIGHT OF WAY OF I ITH AVENUE AND THE NORTHERLY RIGHT OF WAY DFF COLLEGE STREET,SAID POINT BEARS NORTH 29"2139"EAST 66.68 FEET FROM THE s'Wrli im CORNER'OF SAID SECTION 12: THENCE NORTH 629&26"EAST,ALONG SAID EASTERLY RIGFIT OF WAY 8h,37 FEETTO THE BEGINNING OF A 1720 FOOT NON-TANGENT RADIUS CURVE TO THE LEFT;HAVING A RADIAL BEARING OF NORTH 85-33'18" EAST. THENCE ALONG SAID CURVE.THROUGH A CENTRAL ANGLE OF 24'20201 AN ARC'DISTANCE OF 76.35 FEEL' TO THE BEGINNING OF A 40.6 FOOT RADIUS CURVE TO THE LEFT,HAYING A.RADIAL BEARING Or NORTH 61106'58"EAST: THENCE ALONG SAID-CURVE,THROUGH A CENTRAL ANGLE OF 27'5Y411;AN ARC LENGTH OF 23.86:FEET TO THE SQUTH LINE OF SAID LOT AND THC NORTH RIGHT OF WAY OF COLLEGE STREET. THENCE NORTH 89'07'39" WEST ALONG SAID NORTH LINE 41.86 FEET TO THE POINT OF BEGINNING, CONTAINING 124.7 SQUARE FEET OF LAND.MORE OR LESS,ALL,AS SHOWN ON THE ATTACHED DRAWING WHICH IS HEREWITH INCORPOTtATED IN.AND MADE A PART OF THIS LEGAL.DESCRIPTION AND IS SUBJECT TO ALL EASEMENTS-AND RIGHTS OF W'AY PERTINENT TO THIS-TRACT. LictNamea&Adaressms of the Grantor.Contract Rurchascr&Letisec Joseph J.Colombo by Janet.E.Colonibo,joint tenants 74 Hitclung Post Road Bozeman,MT 59115 9241 1. IN CONSIDERATION OF THE,PAYMENTS HEREIN.SET FORTH AND THE SPECIFIC AGREEMENTS TO BE PERFORMEIYBYBOTH PARTIES HERETO AND WRITTEN INIHIS AGREEMENT,THE PARTIES HERETO BIND THEMSELVES TO7HE TERMS.AND CONDITIONS SET FORTH HEREIN.NO VERBAL AGREEMENTS SHALL BE BINDING UPON EITHER PARTY AND THIS AGREEMENT SHALL BECOME .EFFECTIVE UPON EXECUTIORBY A DESIGNATED RE•PRESENTATIVE;OF THE CITY OF BOZE1vfAN. 2. COMPENSATIONFOR'LAND AND IMPROVEMENTS(List acres apdior sq.A.and improvements in the taking). Acquisition in Fee: 3, COMPENSATION FOR.DAMAGES Temporary Construction Permit: •2'years Landscaputg.$> 4.TOTAL COMPENSATION FOR PARCEL 5.Tr IS UNDERSTOOD M 413 AGREED THECITYSHALL CAUSE TO MAKE THE FOLLOWING DISBURSEMENT OF PAYMENT NOT L'ATER.THAN'30 DAYS FOLLOWING SUCCESSFUL ANVARD..OF A CONS-CRUCTIO14 CONTR:4CT WHEN THIS AGREEMENT IS EXECUTED BY THE-CITY OF BOZEMAN. A warrant in.thc amount of$w tube made payable.to and mailed.to: Joseph J.Colombo 74 Hitclvng'Post Road Bozeman,MT 59715-9241 6. IHE GRANTOR,hereby:&rants the City oFBozcman,a Temporary,Construction Permit,of variable widtb.as shown on'Exlu'bit A%attaclied hereto end n7ade a'part hereof,for the period of two years upon commencement of construction or the duration of the construction project,wWchever is greater. CITY OFBOZEMAN. Conogelll' Roundabout Project Parcel 2--Colombo CourifyofGallatin 7. IT IS UNDERSTOOD AND AGREED THE Temporary Pennit'Area will be leveled.and cleared of any debris aRer construction and left in a brood,workmanlike condition, S. In addition.to the payrrientsserforth above.the City shall cause,its contractors Ise (a) Preserve all existing access approaches without any reduction in size andtor location. (b) Properly repair any damage to the existing access approaches,curb,gutter,and'sidewalks leading from 11`'Avenua'andVest College Street that may occur during the course of the constructionproject. (c) Properly repair any and all other damage of any kind or-nature which may occur to any portion of the Above described property;whether or not identified in this Agreement,which occurs as.a direct result of the construction project (d) At all times during construction,maintain full operabilityof at least one access to the property.,being either from the 110 Avemte approach qr the West College;Street approach. Should a unique circumstance arise diming construction that chases both referenced approaches to be shutdown concurrently,the contractor shall give advanced notice of tTA shutdown to the City of Bozeman and Mr.Colombo and shall obtain their approval priorto shutdawrt and provide an alternative access route to/from the.property tlmtis adequately signed forway-finding purpo..ses. 9. The City agrees to try and save as many trees and slirubs*.;feasible on the subject property during.coustruction. The landowner acknowledges that this is only an attempt to save trees mid sluttbs mid is not a commitment by the City to save specific trees and shrubs. IN WITNESS WHEREOF,the parties hereto have executed thin Agreement.(he day and year aswrittenbelow. APP WMEED)BY H rMLjJ r0jz ��`J r� Joseph .Cole J etE.bo (Date) Colontba (Date)• .RECOMMENDED FOR AP AL Right-o[Way Agent (Date) City Engineer Mate) APPROVED FOP,XND ON BEHALF OFTH�rE CITY OF BOZEMAN \n -'- ," Citym r, '(Date) er;t issittn: (Date) STAT1= g1 �.V CO. )ss. County of Gallatiri ) On this<QQ dayof 'T I aYG6__ .20 _,before me.a Notary Public for'tbe State of Montana, personally appeared CHRIS KUKULSKI and STACY 111 EN,known to me to be the City Manager.aud'City Clerk for the City of Bozeman and the.persous whose names eresubcoribed to(Ile within instrument,and aclatowIedged to me that they executed the same for and on behalfbf the City of Bozeman. CITY OF BOZEMAN College/II'")Roundabout Project Pakcel 2—Colombo County ofGallatiu IN WITNESS WHEREOF,I have hereunto sct my hand and affia"ed myofEcial seal the day and year first above written. 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'`_ .06'6£Z I ow " ° .�'' -I o 3 o w W L _ �0 to 4. 2� Q z"I�� (M/2l ,09) 3nN311V Loll x �4 o o�gH z ai i ••w••vs•w•ew.a Oaoi o�oz zc s rous°�wr)w+e, a w•.ee uvf r�fi v�U>•wMv�wrwr H• � v.tros a,sw\ \, �.o w• Alla3>n3� DUDau W Uo1U zog 1181H)311WH3d 1SNO - w�m rma sad a3win 3 1f108t/ONnom 08WO103 'ou l�3robd ABHMYUO w Sid savis'l 411:'L18 3537100 '313NVf v'f Hd3S0f ae o3..zsza NVW3Z08 d0 A110 U6 3d H`Jnvnvntl-;! 31L11�3fOad 311LL 133HS N y 3 a1Ya�1Y�• 7 0 4 z J Z Ad2ma O^ aim :n to I U� h ,6 qUm^ �a Vl W ti0 ti WW o Cr w `* w 0 �90 z No v co to N o a h z z W Far. W4 rn� F_ �.� W gu ZZ V (M/2/ ,09) 311 N3AV 43 L L p z m w o z o u W o= R$ 3 Z W U IWi a O � S�wUU 4 U2 ¢UQ 24Ny 4V�1 a � U O�UWW IW-O I 1 1 1 I I I 11•O1 fl 1 I I I O I I I I I Li II � II O II -' jl I III LI I_I --- .t3lN i --- ------------------- I ,88'F8L M„6Z,Lfi'.LOS ---� oil oil b Q ci Ih xe N000 >. I V 1 a aIM y�mu NN 31 m LL �I a!o^n Uy j II II II o MI In I W o O W I NN n. U J N 2 iI zULD �^ LU 42$ L O alb O p p0 W O 000I Y J m ti a O I00 ._OhN um o 2 usu avo U NOQ 7)g? 11J Veit' oWWo O 2 .-I ZU� I h Lwizo �`?� .06'b£Z I �23 -91 '96 4i _R. ~ L�w 3„9Z,9£'.ZON �s�•8g. V Z tS m 999 a Z Z a (M/N ,09) 3nN.9AV 4?C L ZV y C) �w.v.�wwro.nova: n ow,w s wun u•rn,� a, ,r-.wn r -usn.u�.w�.wnav�w.a ls. .,,...,.o-om a,sw� .�-, FACU_I CE V DVICES CITY OF'BOZENtkN Collegell I'''Roundabout Project Farcel3—MSU(6 SE Cor County of..Gallatin JAM T 2019 P,[ONTAM STATE UNIV1~Rdt*0 H T OF WAY A G R.E E M E.N T A PARCEL OF LAND SITUATED IN THE NORTHEAST 1/4 SECTION 13.TOWNSHIP 2 SOUTH RANGE 5 EAST,P.M.,M.,GALLATIN COUNTY,MONTANA AND BEING PART OF THAT LAND DEEDED TO THE STATE OF MONTANA AND ALSO KNOWN AS CAPITOL HILT. ADDITION BLOCK S. RECORDS OF GALLATIN COUNTY.,AND IS MORE.PARTICULARtY DESCRIBED AS FOLLOWS ALSO BEING SHOWN UPON'EXHIBIT A'ATTACHED HERETO AND MADE A PART HEREOF: BEGINNING AT THE NORTHWEST CORNER OF SAID BLOCK 8,SAID POINT BEING ON THE SOUTH RIGHT OF WAY OF COLLEGE STREET AND THE EAST RIGHT OF MAY OF I lih AVENUE.SAIDTOINT. BEARS SOUTH 86°2:7%"EAST 30.02 FEET FROM THE NORTH 114 CORNER OF SAID SECTION 13: THENCE SOUTH 89107'391'EAST.ALONG SAID COLLEGE STREET RIGHT OF'WAY'L48.11 FEET. THENCE SOUTH 87°04'06"'WEST 116.53 FEET TO THE BEGINNING OF.A 84.0 FOOT RADIUS CURVE TO THE LEFT.HAVING A RADIALBEARING.OF SOUTH02°55.'S4"EAST: THENCE ALONG SAID.CURVE.THROUGH A CENTRAL ANGLE OF 34'216'54%AN ARC LENGTH OF 50.50 FEET; THENCE SOUTH 52°3T41"WEST 72.14 FEET TO THE BEGINNING OF A 64.Do FOOT RADIUS CURVE TO THE LEFT,HAVING A RADIAL[SEARING OF SOUTH.37°2Z 19"EAST; THENCE ALONG SAID CURVE,THROUGH A CENTRAL.ANGLE OF 30-4239" AN ARC LENGTH OF 34,30 FEET TO THE BEGINNING OF A 104.00 FOOT RADIUS CURNrE TO THE LEFT,HAVING.A RADIAL BEARING OF SOUTH 68°_04'58"EAST; THENCE ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF t71004",AN ARC LENGTH OF 32.28 FEET' THENCE SOUTH 04-07'58"WEST 59.047EET TO'A POINT ON THE EASTERLY RIGHT OF WAY FOR l lth AvENU£ THENCE NORTH 01*19,421, EAST ALONG SAID RIGHT OF WAY 187.9D FEET TO THE POINT OF BEGINNING.CONTAINING 6.579 SQUARE FEET OF LAND.MORE OR LESS,ALL AS SHOWN ON THE ATTACHED DRAWING WHICH IS HEREWITH INCORPORATED IN AND MADE A PART OF THIS LEGAL DESCRIPTION AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY PERTINENT TO THIS TRACT. List Names&Addresses of-the Grantor Contract Purchaser&Lessee Montana Statc University cio Facilities Services PO Box 172760 Bozeman.MT 59717-2760 1. IN CONSIDERATION OF THE PAYMENTS HEREIN SET FORTH AND THE SPECIFIC.AGREEMENTS TO BE PERFORMED BY BOTH PARTIES HERETO AND WRITTEN IN-THIS AGREEMENT,THE PARTIES HERETO BIND THEMSELVES TO THE TERMS AND CONDITIONS SET FORTH HEREIN. NO VERBAL AGREEMENTS SHALL BE BINDING UPON.EITHER PARTY AND THIS AGREEMENT SHALL BECOME EFFECTIVE UPON EXECUIION BY A.DESIGNAfED REPRESENTATIVE OF THE CITY OF BOZEMAN. 2. COMPE-NSATION FOR LAND AND m4PROVEMENTS.(List acres and/or sq.&and improvements in the taking). Ac4uisition.in.Publie Street nndUiility Easement: 3. COMPENSATION FOR DAMAGES Temporary Construetioti Permit: #2 years.- Sign,SAMP Landscaping.Smw 4. COMPENSATION REDUCTION FOR USE OF ROUNDABOUT CENTER ISLAND BY MSU Center Island Area:pi'*(33.75()A2—3.578$2 Reduction:3,578 fe;S FACILITIES SERVICES, 5. TOTAL COMPENSATIONFOO-ARCEL RECEIVED DEC 2 2- 2009 D40NTANA STATE UNWERSI7Y CITY OF BOZEMAN College/Ll0"Roundabout Project Parcel —MSU(aI SE Cor County of.Gallafin 6. IT IS UNDERSTOOD AND AGREED THE CITY SHALL CAUSE TO MAKE THE FOLLOWING DISBURSEMENT OF PAYMENT NOT LATER THAN 30 DAYS FOLLOWING SUCCESSFUL AWARD OF CONSTRUCTION CONTRACT WHEN THIS AGREEMENT IS EXECUTED BY'THE CITY OF BOZEMAN. A Warrant in the-amount of 111Mto.benrade payable to and mailed to: Montana State University cio Facilities Services PO.BoX 172760 Bozeman,MT 5 97 1 7-2760 7.THE GRANTOR,hereby grants the City of Bozeman,aTentp'orary Construction Pennit,ofvariable width,as shown on'Exhibit A',attached hereto and made a parl.hereof,for the period of two years upon cotnmencenicnt of construction or the duration of the cotuaruction project,whichever is greater. S. IT IS UNDERSTOOD AND AGREED THE Temporary Permit Area will be leveled and cleared.of any debris after construction and left.in a good,workmanlike condition. 9. In addition to the payments.setforth above;the City shall cause its contractorsio: (a) Properly repair any other damage of any kind or nature whic h occurs to any part or portion of the above described propertys whether or not:identilied nr this Agreement,which occurs as a direct result of tlic construction. (b) Provide irrigation and power services;to the center roundabout island. Lo. The City agrees to try and save as many tree.,and shrubs as feasible on the subject property during construction. The landowner acknowledges that this is only an.atteMpt to save trees and shrubs and is not a commitment by the City to save specific trees and shrahs. 11. IT IS UNDERSTOOD AND.AGREED that the City and hISU will prepare a Memorandum Of Understanding. (MOU)concerning MSU's.design.useend operation:'of the center roundabout island as a thematic campus entrance. IN WITNESS WHEREOF.tite parties hereto leave executed this Agreement the day and year as written below. APP OVED BY THE LANDOWNER r,i l20/U Dr.\, ad Cruzado,. resident (Date) RECOMMENDED FOR APP VAL Right=of Way Ag nt (Date) 'ity Engineer (Datel APPROVED Fi0 D REIiALF OF THE CITY OF BOZEMAN 1:1f�. 3-u'-lb CityManager (Dotal $:02 ATTEST 01+ •. Cl t k tD4 nf crnijissiou; (Dale)" •���rliv ca rt� CITY OF BOZEMAN Colleger'lli°Roundebout'Project Parcel 3—MSU @ SE Cor County afGallatin STATE OF MONTANA ) )ss. County of Gallatin. ) On this.. day of_1v��y h, 20_L�L_before nee,a Nola ry:Pdblic for the:State of)vlontann. personally appeared CHRIS KUKULSKI and STACY ULMEN,known.to ine to be.the City Manager and City Clerk for tho City of Eozeman and ilia persons tvltose name~are subscribed to die within instrument.and acknowledged.to me that they exccuted.thesame for and on behalf of the City of Bozeman. IN.WITNESS`WHL•REOF,1 hare,hereunto setmy,hand and affixed my official teal the day and year-lust above written. (SEAL) �V(vvl n n [yd l P till,(: Notary Public for Slate of Montana - - .(PrintedName) Residing at Bozeman,Montana .My Commimiot*Expire: AIMEF-KISSt=L NdrAY4V 1°Ul%LICS FOR T,HC %1r.-I Or rAQNTAIJs RL.,,LiiN.c. ^'r HPLEM,,r4., Nl Ei fV't'j1NA N1V t:U1M1 iti„-+-.1�i lV EXf'�fi6la �U7 Vt ouo u uowazo y llSIHX3 AVM dO 1HSIH d rd b3vnn 3 lnOGVGNnoa J 'ON 1�3�Obd Sld',IST 43TT83031103 1LLIS2l3AINn �1 3d IYJf1tlNVA—o NVW3ZOS d0 A110 31V1S dN111NOW y 3lw vdar AB baasvab wA5 31L11�3fObd 3111113111 yyff i{ x �#1� S 2 O Q O a Q p G'OO O w Z,n Q S w In IL UFO O� �O mq �wU Z _] 47 m Waf wLQ --� ~Q J ti¢ JZw J F-0Ow C¢7tiUm 'Q�m SOU '32 Oj qZm K;�U�W W OU? O¢ twit U WZ Um� U W��U¢41w¢i1 OpZW wQ U� Q wL. 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G I a u �Sif�♦♦ � P�� 4r/ of ® U G U d < g a o W z 0 zy4 lm - ON q�/ I � icoiafio4� � W tW '��- I ow ♦ .6 � 0 00'n to ��. ��\. I f�0'6S V ijNm N �� ,06'191 3„Z ,61.1ON©��?•.8S_LO.iOS Zmo Zz o NlbM3015 ��Oz c y wgaoo V (M/N ,09) 3(1N3/1V 47l l 1s9Zf9Z M„Z4,61.10S I I I I Li I_I FACILITIES 5>=SV10ES R�CEIV5D cl'l�OrpQZF�,}1N Collegeli]U'Roundabout Project Parcels 4&S—.MSU it SW Cor Coudty pf Gallatin �40KI-A A.:STATE UNIVERS"—I G-H T OF WAY A G R E E M E N T LEGAL DESCRIPTION-PAR, A PARCEL OF LAND SITUATED" THWEST 114 SECTION 13.TOWNSHIP 2 SOUTH RANGE 5 EAST, P.M.,M.. GALLATIN COUM. ANA DEEDED TO MONTANA STATE UNIVERSITY BY DEED RECORDED IN BOOK 20,,PAGE i%RECORDS OF GALLATIN COUNTY,MONTANA,AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS ALSO BEING SHOWN UPON 'EXHIBIT A' ATTACHED HERETO AND MADE APART HEREOF: BEGINNING AT A POINT AT THE INTERSECTION SOUTH RIGHT'OF �VAY OF COLLEGE STREET AND THE WEST RTGHT OF WAY OF llth AVENUE,SAID POINT BEARS SOUTH 46-0245" WEST 42.64,FEET FROM THE NORTH 114'CORNER OF SAID SECTION 13; THENCE SOUTH'01"19'42"WEST,ALONG SAID I lth AVE RIGHT OF WAY 16.18 FEET: THENCE NORTH 38°44'12" WEST.21.17 FEET TO THE SOUTHERLY RIGHT OF WAY OF COLLEGE STREET: THENCE SOUTH 8813602" EAST ALONG SAID RIGHT OF WAY 19.62 FEET TO THE. POINT OF BEGINNING,CONTAINING 1I0 SQUARE FEET OF LAND.MORE OR LESS.ALL AS SHOWN ON THE ATTACHED DRAWING WHICH IS IEREWITH INCORPORAT7=D IN AND MADE A PART OF THIS LEGAL DESCRIPTION AND J$SUBJECT TO','L1 EASEMENTS AND RIGHTS OF WAY.PERTINENT TO 'THIS TRACT. LEGAL DESCRIPTION-'PARCEL 5i. A PARCEL OF LAND SITUATED.IN THE NORTHWEST 114 SECTION U,TOWNSHIP 2 SOUTH RANGE.5 -EAST, P:M.,M.,GALLATIN COUNTY, MONTANA DEEDED TO MONTANA STATE UNIVERSITY BY DEED RECORDED IN BOOK 20,PAGE 506 RECORDS.OF GALLATIN COUNTY.MONTANA:AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS ALSO BEING SHOWN UPON `EXHIBIT A' ATTACHED HERETO AND MADE-A.PART HEREOF: BEGINNING AT.A POINT ON THE WEST RIGHT OF WAY OF I ITII AVENUE,SAID POINT BEARS SOUTH 46'02'45"WEST 42.64 FEET AND SOUTH 103V42"WEST FROM THE NORTH 114 CORNER OF SAID SECTION 13: THENCE SOUTH 011I9742"WEST,ALONG SAID 1lth AVE RIGHT OF WAY 72.04 FEET: THENCE NORM 87'54'55"WEST 9.80 FEET; THENCE NORTH 02'05'05"EAST 36.62 FEET TO A 24.0.FOOT RADIUS CURVE TO THE LEFT,HAVING A RADIAL,BEARING OF NORTH 87'54155"WIST; THENCE AL014G SAID CURVE,THROUGH A CENTRAL ANGLE OF 43'29,32" AN ARC LENGTH OF 17.80 FEEL,, THENCE NORTH 40024!27"WEST 98.35:FEET TO THE SOUTURIGK OF WAY OF COLLEGE STREET; THENCE SOUTH 9P36'02"EAST ALONG SAID RIGHT OF WAY 38..79 TEST; THENCE SOUTH 150.19'26"WEST 113 FEET TO THE BEGINNING OF A 29,0 FOOT RADIUS CURVE TO ,THE LEFT;HAVING A RADIAL BEARING OF SOUTH 74 40'34"EAST THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55'43'S3"AN ARC LENGTH OF 28.21 FEET; THENCE SOUTH 40'24'27"EAST 20.61.FEET TO THE BEGINNING OF A 24.0 FOOT RADIUS CURVE TO THE LEFT,HAVING.A RADIAL BEARING OF NORTH 49'35.33"EAST: THENCE ALONG SAID CURVE THROUGH.A CENTRAL ANGLE OF SY20'5.8"AN ARC LENGTH OF 22.35 FEET; THENCE NORTH 86'1435" EAST 109 FEET TO THE POINC OF BEGINNING, CONTAINING 2433 SQUARE FEEL OF LAND.MORE OR-LESS,ALIAS SHOWN ON THE ATTACHED DRAWING WHICH IS HEREWITH INCORPORATED IN AND MADE A PART OF THIS.LEGAL DESCRIPTION AND IS.SUBJECT TO ALL.EASEMENTS AND-RIGHTS Or WAY PERTINENT.TO•THIS TRACT, List Names&Addresses orthe Grantor.Contracl Purchaser&Lessee Montana State university Oo Faciliti6s Services PO Box 1727¢0 Bo4eman,NIT 59717--2760 I. IN CONSIDERATION'OF THE PAYMENTS HEREIN SET FORTIJ AND THE SPECIFIC AGREEMENTS TO BE PERFORMED BYBOTH PARTIES HERETO AND WRITTEN IN THIS AGREEMENT;THE7?ARTIES HERETO BIND THEMSELVES TO THE TERMS AND CONDITIONS SET FO$Tli HEREIN. NO VERBAL AGREEMENTS SHALL BE BINDING UPON EITHER PARTY ANDTHLS AGREEMENT$HALL BECOME EFFECTIVE UPON EXECUTION BY A DESIGNATED-REPRESENTATiuE OF THE CITY OF BOZEMAN. FACILITIES SEMAcES NWEIVI D DEC .2 2 2009 M ONTANA STATC UNIVEfi$1TY CITY OF BOZEMAN Collegcll P"Roundabout.Project Parcels 4 9-5—MSU L SW'Cor County ofGallatin 2. COMPENSATION FOR LAND AND IMPROVEMENTS(List gcics andlor sq:ft.and improvements in the taking), Parcel-Acquisition in Public Street.&Utility Easement �I Parcel 5-Acquisition InPublicAceess Easement; 3. COMPENSATION FOR DAMAGES Temporary'Coastruction Permit: *2 years Landscaping:SM 4. TOTAL COMPENSATION FOR PARCELS 5. IT IS UNDERSTOOD.AND AGREED THE CITY SHALL CAUSE TO.MAKE THE FOLLOWING DISBURSEMENT OF PAYMENT NOT LATER THAN 30 DAYS FOLLOWING SUCCE$SFUL.AWARD OF A .CONSTRUCTION CONTRACT WHEN THIS AGREEMENT IS EXECUTED BY THE CITY OF BOZEMAN. A warrant in the amount of il�to be made payable to and mailed to: Montana State University clo Facilities Services PO Bok 1,71760 Bozeman.MT 59717-2760 6. THE GRANTOR,hereby-grants the City of Bozeman,a Temporary Construction Permit,of variable width,as shown on`Exhibit A',attached hereto and made.a part.hereof,for the period of two years upon commencement of construction or the:duration of the construction project.whichever is greater. 7. IT IS UNDERSTOOD AND AGREED THE Temporary Permit Area will be leveled and cleared.of any debris after construction and left in•a good,workmanlike condition. S. In addition to the payments set forth above,the City Shall cause its contractors to-- (a) Properly repair any other,damage of any kind or native which occurs to any part or portion of the above described property,whether.or not identified in this Agreement,which occurs as a direct result of-the constniction. 9. The.City agrees to try and save as rnany'treccand shrubs as,feasible on-the subject property during construction. The landowner acknowledges that this is only an.attempt to save trees and shrubs and is not a commitment by the City to save specific trees end shrubs. .IN WITNESS WHEREOF.the parties.hcreto have executed this Agreement the:day and year as written below: *VED BY THENDOWNERC do Pres'&ot (Date) RECOMMENDED FOR A P OVAL Right.of-lVayA t (Yale) City Engineer (Dale) CITY OF BOZEMAN College/I iot Roundabout Project Parcels 4.&5--MSUC&SWCor County of Gallatin APPROVER FOR A DON BEHALF OF THE CITY OFBOZEMAN . I ' -7-Z- A '.1- "'1..", 3� ca CityManagcr . (Date) ATTEST: ID Clerk ofthy-cit'. 111M -:(Date) STATE OF MONT CQUnLyorGaillatirt On this_!aday of�Qj,k 2010 before me,a.Noiary Publicfor iheSiatc of Montana, personilly ap9eared CHRIS.KUKULSKI.and STACY ULMEN,known to-meto be the City Manager and City Clerk-for the City of Bozeman and Ific persons whose unmes are subscribed to the within instrunient•and acknowledged to me that t.bey executed the same for and.on behalf of the:City of Bozeman. IN WUNESS.WHEREOF,I haveliereunto set my hand and affixed my official seat the day and-year-first abovewri.tten. (S No- Notary PAblic for State of'Montana V.2r. (Printed Name)' 'x Residing at Bozeman.Montana My Commission Expires: Almea IkISSEL FOR THO-Z-r.A-rz OF'moNlrAwA 0c>2fP-m,r.".,\nv ayt °3min 3 Du ;uo waz 8 V 1191HX3 AVM jO 1H91H 1��m.d l,.oO W.ICON S,d'L3N,f13 inoevONnom �dJ l�3lCtld °nM„b A11S213AINfl Eld Nl vas'1 4iTT83931100 31w p03i"�'° NVW3209 dO A110 31tl1S tlNV1NOW � 011b`-- 3d kOf1TVNVAV 3,1111031'OLd 3,111133k5 3Iv0 Me nPSV3a nn5 K o 2 ti En En _ > i,ylgs4 3 O O Q z ZQ 3 Z w ~¢En � ~w 3 y�bci l pJ W A W ViQ� NF O 4W W w 16� O wK W W Q O C NZW J I— ao 3 tiw2W 2W-Ji Om P W P , K y�lnW 30.K ID O 0KWtWif N�yO1n � n j 3 Oa� PMQ tj Oa2L zOq¢ L. �p�� 20KQ 4iti U N CiNa N� Zx¢U 3 o p¢_¢z } 2 wwo 3 O Ov Q n W W ^ r ¢Pm ZnwC �OUW FNp 3 O WadJ �OUW 2W 3 In m O wQ ztn O W W UWU w 'z0Q r.jW p QF=iy nO N W4 W Q ^WIpU BOA O O 2L2 P m O,n UOv1 m_10 Zm2M Z>Ix- 2 W MZZ, 201nW f-q Z 03c� ,zpW zzw pQQ2 O¢ O 1—QK U x >Sti3U 02W0 ^,^ U pY O 1 ZWO w0 t/1 yJ Uti U>- O`O J 3 W� Uti Off' 3?OW VOW Wz"I y^Z W O .OKj InZ 0' O� > 0 IOn WW2U m2U O WN j _ 0Wxw -Z 12ff. rym �`"15Q z � Wol- 1_ 1n� 1= ^ ¢ 2 Lx—m J ti m Z WOE KWZ2U 350w 'o z^ Otiti �pJ OJti p0c¢ m4 z3W O KUQ� �t O ma QOQ�Q ��UO p Z¢ZC VOW W tOilipin p¢ZZK U W twZp: ily W W w Q W W 4 Q 4 Q W 2ZB zU' WJW� axP O '^' ZO^?a~ WSW �P�¢¢00�pCx'1 M ZMp� IpU� gg3j I QJOVI Q-6 O^3U0 tiQJON Wlo cn- ,o, ZJ m O ZO pz0 �Owvl ~UOO Z�ry Q N QU; W VOO 3N ¢ O P? w¢ W�ti y H ~zmOZ - 2 WQ wti WO�Nh�N V) �VI�II- �15� F-wxtn O�� Zc'"I In W W ZOJW Lw � tiNgWW W W ly�z 3 3 Q=c¢i oa ww33JL � 3 �3� ¢ W 232Y g? 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P.M.M., GALLATIN COUNTY,MONTANA AND BEING PART OF THAT LAND DEEDED TO MADISON RIVER POWER COMPANY. NOW NORTHWESTERN ENERGY.BY DEED RECORDED IN BOOK 36.PAGE 109,RECORDS OF GALLATIN COUNTY,.AND IS MORE PARTICULARLY DESCRIBED AS F.OLL.OWS ALSO BEING SHOWN UPON 'EXHIBIT A'ATTACHED HERETO AND MADE A PART HEREOF: BEGINNING AT A POINT ON THE WESTERLY RIGHT 'OF WAY,OF 111II. AVENUE AND' THE NORTIERLY RIGHT OF WAY'UF COLLEGE STREET'.SAID*POINT BEARS NORTH 88°39'S3"W.EST30.0 FEET AND NORTH 02°3&26"EAST 29.71 FEET FROM THE SOUTH 1/4 CORNER:OF SAID SECTION 12; THENCE NORTH 88°36'02"WEST.ALONG THE NORTHERLY RIGHT OF WAY OF COLLEGE STREET 148.71 FEET; THENCE NORTIT 85°16'08"EAST 96.04 FEET TO THE BEGINNING OF A$4.00 FOOT.RADIUS CURVE TO THE LEFT,HAVING A RADIAL BEARING OF NORTH 04°43'52"WEST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23."37'50",AN ARC LENGTH OF 34.64 FEET TO THE BEGINNING OF A 45.00 FOOT RADIUS COMPOUND CURV$TO THE LEFT,HAVING A RADIAL BEARING OF NORTH 28021'42"WEST: THENCE ALONG SAID CURVE.THROUGH A.CENTRAL ANGLE OF 470275I",.AN ARC LENGTH OF 37.'28 FEET TO SAID WESTERLY RIGHT OF WAY OF I ITH AVENUE; THENCE SOUTH 02°3626" WEST ALONG SAID RIGHT OF WAY 49.9.8 FEET TO THE POINT OF BEGINNING,CONTAINING 1602 SQUARE FEET OF LAND.MORE OR.LESS,ALL AS SHOWN ON THE ATTACHED DRAWING WHICH lS HEREWITH INCORPORATED IN AND MADE A PART OF THIS LEGAL DESCRIPTION AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY PERTINENT TO TEAS TRACT. ListNautes&Addres%es of the Grantor Contract'Purchaser&Lecsee NorthWestem Corporation,a Delaware Corporation 40 E.Broadway,Butte,.MT$9701. 1. IN.CONSIDERATION OF THE PAYMENTS HEREIN SET FORTH AND THE SPECIFIC.AGREEMENTS TO BE PERFORMED BY BOTH PARTIES._HERETO AND WRITTEN INTHIS AGREEMENT,THE-PARTIES HERETO BIND THEMSELVES-TO THE TERMS AND CONDITIO14S SET FORTH HEREIN. NO VERBAL AGREEMENTS SHALL BE BINDING UPON EITHER PARTY AND THIS AGREEMENT SHALL BECOME EFFECITVE UPON EXECUTION BY A DESIGNATED REPRESENTATIVE OF THE CITY OU•BOZEMAN. 2. COMPENSATION FOR LAND AND IMPROVEMENTS(List.acres andforsq.ft.and improvements in the taking). Acquisition in Public Street&UtilityL-asement; =R>♦ 3. COMPENSATION FOR DAMAGES Temporary Construction Pemti't 2 years Landscaping-$M 4. TOTAL COMPENSATION FOR PARCEL Rounded to 5.. IT IS.UNDERSTOOD AND AGREED THE CITY SHALL CAUSE TO MARE THE FOLLOWING DISBURSEMENT OFPAYMENT NOT LATER TgAN 30 DAYS FOLLOWING SUCCESSFUL.AWARD OF A CONSTRUCTION CONTRACT WHEN THIS AGREEMENT IS EXECUTED BY THE CITY OF BOZEMAN. A warrant in the 2MOdttt of OM to-be made payable to and mailed-to! NorthWestem Corporation Attention:Patrick Asay 4.0 F.Broadway;Butte,MT 59701 r CITY OF BOZEMAN College/II"'-Roundabout Project Parcel 1-NWE Cp Rt fda lat"'I 6.THE GRANTOR,hereby grants the City of Bozeman,a Temporary.Construction Permit,ofvariabl"e width,as shown on'Exhibit'A',attached hereto and.made a part hereof;forthe period of two years upoa commencement of construction or the duration of the construction project,whichever•is greater. 7. IT IS UNDERSTOOD AND AGREED THE Temporary Permit Area will be leveled and cleared of any debris alter construction and left in a good,workmanlike condition. 8. In addition.to the payments set forth above,the City shall cause its contractors to: (a) Properly repair any otberdarnage of arty kind or nature which ocetus to anypart or portion of the above,described property,whether or-not identified in this Agreement;which occurs as:a.directresult of the construction. (b) Incorporate new landscape screeaing into the final construction plans that adheres to applicable City zoning.code requirements. (c) Design a new access approach f7orn South 11"'Avenue in a location mutually acceptable to the City. and NWE, 9. The City agrees to..try and save as many tines and shrubs as fcasibla on the subject:property during construction, The landowner acknowledges that this is only an attempt to save trees and shrubs and is riot a commitment by the Cityto save specific trees and shrubs, IN WITNESS WHEREOF,the parties hereto have-,executed this Agreement the day and Year as,wriaen below. APPROVED BY THE NDOWNER f.. Zjp Patrick Asay,Manager 6fLantl4nd Permitting (Dat RECOMMENDED FOR.AP OVAL .�.� •3 3�rGv Right-of-Way A e (Date) Crty Engineer (Date) APPROVED FOR AND ON BEHALF OF THE CITY OF J30ZEMAN CityManag�-;. °`,., (Date). B K • AM C v e 3 tyvti. rr; -(Date) Lt . 0 STATE'OFlt30T1t/IiArti ) CountyofGallatin ) On this=day of, MRr ck 2l)�,Before me;a Notary Public for the State Of Montana, personally appeared CHRIS K' KULSKI and STACY ULMER known to me to be:tite City Manager and City Clerk for the City of Bozeman anflbe•pers9nv whose names are'subscribed to the within instrument,and acknowledged to me that they executed the same for Arid on Behalf of the City.of Bozeman. IN WITNESS WHEREOF,1-have hereunto set myhand and.affixed my official seal the day and year first above written. 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N ON 6 O r �`,B6'66 ,IL'6Z no ar i n h f� � � vl w� I �• yI LU 04 52„W(RAD 31 I a N W poLu izoo —N 'a.� — u� I N I a ~ ?w 41R¢ to N o� WMm N�64 is �O O o M Io � Uz�� 2m �� � II O 1 � '� to ri W' =m a wu CO N W W ao o o'o �I' z P5 Q o 00 II Y IC,II LU I - wz 1011 w z J 1 4� x-pZ o I ° -T--------------- U 0 ZZo�m I f ----aq— UQ _ 1 dlbll OOY nK � =3 �Vlm Oz'? ..mwnvm awen ao�a, � oioe'm.v •e-aun sear•a�..+,iwo°�ux\ro\^�-„vr„� roUwrs\.roww+°is,.>a +v o00 o,s°a\s. +\:, jaz a°.Wa our#ua�y uouOU tl1181HX3 JF o Sid a3win aa3wlna inoe/ONf102! 4#tt$3931100 11WH3d Nouona1SN00 J o Nvw3Z08 d0 A110 J2l3N3 N2131S3MH1bON w 3tv° n °t 3d H`Jf1tlNYAtlJ'1 33.,1 ..d 3LI1133HS >,Ix� a � f F E w O p F z w w ,LO0 \\� F 1 oW a zo LU r r �J I w O N —4 Q ��h^ % / \ U 1 �W U / I W / a CL J O W¢ of zu� rnl I I wza �a W^� Ix z,6 D v_m O z I I V I U U I]� T-------- I --------- Qz O j Oz ti ff O y q O 0 U W a w 0 U O O _ m I I 1 1 1 1 1 �x 0 o , dos a I ; I II —off o , l Q ° ZU� o3W of 3z uw I.In3 I Oo W I I I Ina j az �w�O 7a p� (mla ,09) 3nN3Av wII d\\_ Q (n O -6pIL'6Z b � - 16 � Lq (n mW o q^ N04'4�52W (�� o QI t0 �j D l 2 W 2 W hNN Do *I 1 Io Iy 4 Q �' W x >V 7 ,z ;n tD O wQ om � ! ® o wi I to Z ca I Z N v z z °o W jv: 4N 'o II W Z x U M® cxi co Q 1 W r7 x Q _ 1 — a o esb I 0��� � � zUU •Zt �ZU O SECTION V TECHNICAL SPECIFICATIONS SECTION V TECHNICAL SPECIFICATIONS CONTENTS Incorporation of Montana Public Works Technical Specifications: Division 1 — General Requirements: Section 01570 Construction Traffic Control (by reference) The Technical Specifications contained in Divisions 2 and 3, and the Standard Drawings of Appendix A, in the Montana Public Works Standard Specifications (MPWSS), Fifth Edition, March 2003, and all subsequent Addendum, are hereby incorporated by reference and made a part of this Contract. Incorporation of City of Bozeman Modifications and Additions to Montana Public Works Standard Specifications, March 2004• The following modifications and additions by the City of Bozeman (COB) to the Technical Specifications and Standard Drawings contained in the MPWSS hereby supersede MPWSS requirements. COB Modified or Add-In MPWSS Technical Specifications Bound Within this Document: Division 2 — Sitework: Section 02112 Removal of Existing Pavement, Concrete Curb, Sidewalk, Driveway and/or Structures Section 02113 Adjusting Existing Manholes, Lampholes, Inlets, Water Valve Boxes, Water Services and Fire Hydrants To Grade Section 02221 Trench Excavation and Backfill for Pipelines & Appurtenant Structures Section 02235 Crushed Base Course Section 02502 Asphalt Prime And/Or Tack Coat Section 02504 Asphalt Seal Coat Section 02510 Asphalt Concrete Pavement Section 02528 Concrete Curb and Gutter Section 02529 Concrete Sidewalks, Driveways, Approaches, Curb Turn Fillets, Valley Gutters, and Miscellaneous New Concrete Construction Part 2.5.0 is hereby deleted. Part 3.11.B, delete the sentence "Detectable warning surfaces shall be black." Section 02582 Reflective Thermoplastic Pavement Markings Section 02660 Water Distribution System Section 02720 Storm Drain Systems Section 09810 Street Signs COB Modified or Add-In MPWSS Detail Drawings Bound Within this Document: Division 1 — General Requirements: COB 01570-2 Traffic Control, Minimum Standard, Urban Work Site, 2 Lane Road, Work Site on Centerline COB 01570-4 Traffic Control, Minimum Standard, Urban Work Site, 2 Lane Road, 1 Lane Partially or Fully Closed by Work Area COB 01570-7 Pedestrian Traffic Control for Temporary Sidewalk Closure COB 01570-8 Sidewalk Closure with Detour Division 2 — Sitework: COB 02213-1 Manhole Adjustment Detail COB 02213-2 Water Valve Adjustment Detail COB 02221-1 Typical Utility Trench Details COB 02529-3 Type 1 Street Monument COB 02529-8 Boulevard Sidewalk Perpendicular Pedestrian Ramp COB 02529-15 Publicly Maintained Sidewalk COB 02581-2 Typical Pavement Markings for School Crossings (Type "B" Crossings) COB 02660-6 Water Service Line COB 02660-7 Typical Blowoff COB 02720-1 36" Standard Storm Drain Inlet COB 02720-1 B Combination Manhole and Curb Inlet COB 02720-3 Sanitary Sewer and Storm Drain Manhole COB 02720-4 Standard Straight Manhole COB 02720-6 Precast Manhole Bases COB 09810-1 Sign Installation Standards Incorporation of Montana Department of Transportation Specifications: The following Technical Specifications contained in the Montana Department of Transportation (MDT) Standard Specifications for Road and Bridge Construction, 2006 Edition, and all subsequent Addendum, and subsequent sections by reference to the below specifications, are hereby incorporated by reference and made a part of this Contract. Division 600 — Miscellaneous Construction: Section 616 Conduits and Pull Boxes Section 617 Traffic Signals and Lighting Division 700 — Materials: Section 703 Lighting and Signal Materials Section 714.08 Epoxy Pavement Marking Material Project Specific Modifications to the MPWSS Bound Within this Document: The following modifications, deletions and/or additions to the MPWSS bound within this document are hereby incorporated. Division 1 — General Requirements: Section 01570mpw Construction Traffic Control Division 2 — Sitework: Section 02221 mpw Trench Excavation And Backfill For Pipelines And Appurtenant Structures Section 02230mpw Street Excavation, Backfill and Compaction Section 02235mpw Crushed Base Course Section 02502mpw Asphalt Prime and/or Tack Coat Section 02510mpw Asphalt Concrete Pavement Section 02515mpw Portland Cement Concrete Pavement Section 02528mpw Concrete Curb and Gutter Section 02840mpw Flexible Surface Mount Delineator Section 02940mpw Sodding Section 02950mpw Landscaping Division 16 — Electrical (New): Section 16005mpw Electrical NOTE: Measurement and Payment provisions included in these Technical Specifications do not apply and are superseded by the Special Provisions of this Contract. U0 ==-88 9rrN co.tM10 CITY OF BOZEMAN MODIFICATIONS TO MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS FIFTH EDITION PREPARED BY CITY OF BOZEMAN ENGINEERING DEPARTMENT MARCH 2O04 Including: Addendum No. 1 Approved 7/19105 Addendum No. 2 Approved 6/28/06 Addendum No. 3 Approved 2/20/08 SECTION 02112 REMOVAL OF EXISTING PAVEMENT, CONCRETE CURB, SIDEWALK, DRIVEWAY AND/OR STRUCTURES 3.1 GENERAL Add the following section: D. Exercise care in removal of existing tree roots that conflict with the work. Tree roots shall be removed by sawcutting the roots to a neat line at the extent of the excavation. Remove only the minimum amount of roots necessary in order to complete the work. COBMODS 2004 Page-1-of 1 SECTION 02112 SECTION 02113 ADJUSTING EXISTING MANHOLES,LAMPHOLES,INLETS, WATER VALVE BOXES, WATER SERVICES AND FIRE HYDRANTS TO GRADE 1.2 STANDARD DRAWINGS Delete: Standard Drawing No. 02213-1,Manhole Adjustment Detail Delete: Standard Drawing No. 02213-2,Water Valve Adjustment Detail Add. City of Bozeman Standard Drawing No. 02213-1,Manhole Adjustment Detail Add: City of Bozeman Standard Drawing No. 02213-2,Water Valve Adjustment Detail PART 2 -PRODUCTS 2.1 GENERAL Add the following section: B. East Jordan Iron Works Model 69 screw type adjustable risers may be used to adjust existing valve boxes to grade. Do not use these adjustable risers on new valve boxes; add mid-section extensions to provide correct valve box adjustment. COBMODS 2004 Page-1-of 1 SECTION 02113 SECTION 02221 TRENCH EXCAVATION AND BACKFILL FOR PIPELINES &APPURTENANT STRUCTURES 2.1 PIPE BEDDING MATERIALS A. TYPE 1 PIPE BEDDING 2. Modify this section as follows: Provide Type 1 Bedding consisting of imported sand,sandy gravel,or fine gravel having a maximum 3/4 inch size and a maximum plasticity index of 6,determined by AASHTO T89 and T90 or by ASTM D4318. 3.1 PROTECTION OF EXISTING PROPERTIES A. General 1. Add the following: Replace any tree, bush, hedge, planter or similar vegetation or landscaping damaged during the course of the work with a planting equal to that damaged in kind, size, and location. The contract warranty period for performance applies also to the instances described herein. 4. Modify this section as follows: Do not cut and replace existing services from the mains to private property which interfere with trenching operations unless the work has been specifically approved by the City of Bozeman Water/Sewer Department. If approved, the cost for this work will be the responsibility of the CONTRACTOR. Do not interrupt water service for more than four hours. Install a temporary service connection approved by the City of Bozeman Water Department if service is interrupted for a longer period. Protect temporary services from freezing or interruptions of use during the construction period. 3.6 TRENCH FILLING AND BACKFILLING C. Trench Backfill 4. Watering C. Add thefollowing requirements: Water from the City of Bozeman's municipal system may only be obtained from the metered service located at the City Shop Complex. The Contractor shall reimburse the City Water Department for the cost of the water used at a rate COBMODS 2004 Page-1-of 2 SECTION 02221 determined by the Water Department. D. Replacement of Unsuitable Backfill Material 1. Modify this section as follows: Remove and dispose of excavated soils that are saturated and cannot be readily conditioned or dried to be made suitable, contain deleterious materials or have characteristics that,in the opinion of the ENGINEER, render the soils unsuitable as backfill. COBMODS 2004 Page of SECTION 02221 SECTION 02235 CRUSHED BASE COURSE PART2 PRODUCTS 2.2 CRUSHED BASE MATERIAL Add the following section: E. When available, incorporate reclaimed glass cullet into the base course material. A minimum of 3% and a maximum of 15% of the base course material shall be reclaimed glass.The reclaimed glass shall be crushed so that 100%of the crushed glass passes a 3/8 inch screen. No more than 10%of the material retained on an individual sieve 1/4 inch or larger shall be glass, based upon visual examination and weight. COBMODS 2004 Page 1 of 1 SECTION02235 SECTION 02502 ASPHALT PRIME AND/OR TACK COAT PART 2 PRODUCTS 2.1 GENERAL A. Unless otherwise specified in the contract documents, do not use type SS-lh emulsified asphalt. COBMODS 2004 Page 1 of 1 SECTION 02502 SECTION 02504 ASPHALT SEAL COAT 3.2 CONSTRUCTION METHODS B. Weather Limitations Add the following requirements: 2. Do not perform seal coat work if the local radio weather forecast includes a probability of precipitation greater than 45%within the intended schedule of operations for the day. Regardless of the weather forecast, seal coat work may be suspended if impending adverse weather conditions occur in the vicinity of the work. D. Application of Asphalt Material Add the following requirements: 7. Building paper shall be applied to the surface of any street drain inlet,water valve box, manhole cover, monument box, or other similar item, prior to beginning asphalt application on the street. For any such item not adequately covered by paper, the Contractor must re-open or clean as necessary any asphalt to the satisfaction of the City Engineer prior to final payment. It is the sole responsibility of the Contractor to dispose of all building paper or other material used for covering manholes,valve boxes,monument markers,etc. E. Application of Seal Coat Material 4. Revise this section as follows: Immediately after spreading, roll the aggregate with self-propelled, pneumatic-tired rollers. Roll in a longitudinal direction, beginning at the outer edges of the treatment and working toward the center. Overlap the previous strip by about one-half the roller width. Do not allow the roller speed to exceed 7 mph during initial rolling,or 15 mph after initial rolling. Complete the first rolling of the aggregate within one-half hour of it being spread. Continue rolling until a smooth, thoroughly compacted surface is obtained. Roll at least three complete passes with each roller. 'If the seal coat is finished in partial widths at a time, leave 4 to 6 inches of the inside edge uncovered with aggregate to permit overlap of asphaltic material when the remaining portion of the surface is treated. 5.Add the following: Unless otherwise specified in the contract documents,the City of Bozeman will remove and dispose of all loose aggregate from the pavement after the work is completed for projects done under contract to the City. COBMODS 2004 Page-1-of 2 SECTION 02504 3.4 PROTECTION OF SIDE STREET STRUCTURES AND TRAFFIC CONTROL Add the following requirements: C. It is the sole responsibility of the Contractor to furnish and post"No Parking" signs along both sides of the street(s)intended for seal coating. The "No Parking" signs shall be posted at 100-foot intervals and securely fastened to their support posts. (Wood laths may be used.)It is also the responsibility of the Contractor to remove and dispose of all "No Parking" signs and their supports immediately after the seal coating operations have been completed on each street. "No Parking" signs shall be posted 24 hours in advance of seal coating operations. The Contractor shall notify the public as to the proposed streets to be seal coated and the corresponding dates of the construction activities. The Contractor shall be responsible for removing all vehicles from streets to be seal coated. Traffic will be allowed onto streets upon completion of the seal coat street improvements. However,traffic will be required to operate at 15 mph for a period of 48 hours following completion of the seal coat. It is the responsibility of the Contractor to erect, maintain and remove the temporary speed control signs for the appropriate streets. COBMODS 2004 Page-2-of 2 SECTION 02504 SECTION 02510 ASPHALT CONCRETE PAVEMENT 2.2 PLANT MIX AGGREGATES Add the following: M. Reclaimed glass may be added to the aggregate for plant mix. A maximum of 3% crushed glass may be blended in the mix. The glass shall be crushed so that 100%of the glass passes a 3/8 inch sieve, and no more than 8%passes a No. 200 sieve. If glass is used in the mix, I%hydrated lime(by weight)shall be added to the mix as an anti-stripping agent. Hot plant mix asphalt with glass is limited to binder or base courses and is not to be used in surface or friction courses. 2.3 ASPHALT BINDER MATERIAL A. 1. Grades: Add the following requirement: Unless otherwise specified in the Contract Documents, the type and grade of asphalt cement shall be performance grade 58-28 (AASHTO Performance Graded Binder Specification MP-I). 3.14 PATCHING B. Surface Preparation Add the following requirements: 3. d. Tack coat all existing asphalt edges prior to placing new asphalt concrete. e. If hot plant mix asphalt is not available, temporarily patch the pavement using a 3000 psi(minimum)concrete(M-3000 or C-3000), with a minimum thickness of 3 inches. Remove the temporary patches and replace with hot mix asphalt when it becomes available. f. Thickness of the pavement patch will equal that of the existing pavement, unless otherwise approved. 3.16 SPREADING AND FINISHING: Revise this section as follows: A. Spread and finish meeting the following requirements: 1. The maximum lift thickness is 3 inches (compacted depth) for surface courses and 4 inches(compacted depth)for base courses. COBMODS 2004 Addendum 2 Page 1 of 1 SECTIM2510 SECTION 02528 CONCRETE CURB AND GUTTER 1.1 DESCRIPTION B. Revise as follows: Delete: Standard Drawing No. 02528-1, Standard Curb and Gutter Delete: Standard Drawing No. 02528-2,Drive-over Curb and Gutter Add. City of Bozeman Standard Drawing 02528-1,Integral Concrete Curb and Gutter 3.2 FOUNDATION PREPARATION D. Revise as follows: For new street construction or street reconstruction,place gravel base course for the street 9"beyond the back of curb. 3.6 STRIPPING FORMS AND FINISHING B. Finishing Add the following requirement: 3. After finishing and brooming,stamp a mark into the concrete to mark sewer and/or water service lines. The mark shall be either a"W" for water or an "S"for sewer. The mark shall be 3"tall and stamped a minimum of/4"into the face of the curb. The marking shall locate the end of the stubbed service at a 90-degree angle to the curb. COBMODS 2004 ADDENDUM 2 Page 1 of 1 SECTION 02528 SECTION 02529 CONCRETE SIDEWALKS,DRIVEWAYS,APPROACHES, CURB TURN FILLETS, VALLEY GUTTERS,AND MISCELLANEOUS NEW CONCRETE CONSTRUCTION 1.2 REFERENCES A. Revise as follows: Delete: Standard Drawing No. 02529-1,Double Gutter Detail for Street Intersection Delete: Standard Drawing No. 02529-2, Standard Fillet Delete: Standard Drawing No. 02529-3, Type I Street Monument Delete: Standard Drawing No. 02529-4,Type II Street Monument Delete: Standard Drawing No. 02529-5A,Boulevard Driveway Approach Delete: Standard Drawing No. 02529-513, Curb Walk Driveway Approach Delete: Standard Drawing No. 02529-7B, Curb Walk Alley Approach Delete: Standard Drawing No. 02529-8,Accessibility Ramp Delete: Standard Drawing No. 02529-9, Swale Crossing Add. City of Bozeman Standard Drawing No. 02529-1,Double Gutter Detail for Street Intersection Add. City of Bozeman Standard Drawing No. 02529-2, Standard Fillet Add. City of Bozeman Standard Drawing No. 02529-3,Type I Street Monument Add. ! City of Bozeman Standard Drawing No. 02529-5, Driveway Approach With Sidewalk Adjacent to Curb Add. City of Bozeman Standard Drawing No. 02529-7B, Curb Walk Alley Approach Add: City of Bozeman Standard Drawings No. 02529-8,Pedestrian Ramp Add. City of Bozeman Standard Drawings No.02529-8A,Blended Transition Pedestrian Ramp Add. City of Bozeman Standard Drawing No.02529-11,Residential Driveway Approach Add. City of Bozeman Standard Drawing No. 02529-12, Non-Residential Driveway Approach. Add: City of Bozeman Standard Drawing No. 02529-13, Non-Residential Driveway Approach for Arterial Streets. Add: City of Bozeman Standard Drawing No. 02529-14, Concrete Storm Drainage Outlet and Inlet Chases Add. City of Bozeman Standard Drawing No.02529-15,Publicly-Maintained Sidewalk Add: City of Bozeman Standard Drawing No.02529-16,Asphalt Pathway Typical Section Add. City of Bozeman Standard Drawing No. 02529-17, Concrete Class 1 Trail Add. City of Bozeman Standard Drawing No. 02529-18, Class 2 Trail 2.4 GRAVEL BASE MATERIAL Add the following: B. Washed rock material meeting the following Table of Gradations may be used as base material. COBMODS 2004 Addendum 3 Page-I-of 2 SECTION 02529 Table of Gradations-Washed Rock Base Material Percentage by Weight Passing Square Mesh Sieves Sieve Size %Passim 1" 100 3/4" 90-100 3/8" 10-55 No.4 0-10 2.5 CURING AND PROTECTIVE COATING MATERIALS Add the following requirement: C. The curing compound used on colored concrete shall be a high solid acrylic cure, Day/Chem Aggre-Gloss J-25(manufactured by Dayton Superior)or approved equal. 3.8 JOINTS. C. Revise this section as follows: Divide sidewalk into sections using contraction joints formed by a jointing tool or other approved methods. Extend the contraction joints into the concrete for at least one-fourth its depth and make the joints approximately 1/8 inch wide. Unless otherwise directed, space contraction joints at maximum 10-foot intervals or a distance equal to the sidewalk width,whichever is less. In continuous sidewalk rums,install expansion joints at the location of a regular contraction joint, if the distance between expansion joints does not exceed 25 feet. 3.11 MISCELLANEOUS NEW CONCRETE CONSTRUCTION Add the following requirement: B. Construct all curb ramps with detectable warning surfaces in conformance with the requirements of the Americans with Disabilities Act Accessibility Guidelines (ADAAG). Detectable warning surfaces shall be black. Detectable warning surfaces shall be considered deficient and subject to replacement by the Contractor if more than 5% of the truncated domes on a ramp surface are missing or damaged,if the detectable warning product has lost any adhesion to the concrete, or if the detectable warning product is cracked or shows other signs of distress, at the end of the two-year warranty period. COBMODS 2004 Addendum 3 Page-2-of2 SECTION 02529 SECTION 02582 REFLECTIVE THERMOPLASTIC PAVEMENT MARKINGS 1.1 DESCRIPTION D. Revise this section as follows: Furnish thermoplastic that is hydrocarbon based. Furnish thermoplastic material that,while on the roadway surface and at any natural ambient temperature,will exist in a hard solid state with cold ductility that permits normal movement with the road surface without chipping and or cracking. 3.4 APPLICATION A. 2. Extruded(Inlaid) Add the following: d. Unless otherwise specified in the contract documents,all transverse pavement markings and words and symbols shall be 400 mils thick, and all longitudinal lines shall be 270 mils thick. COBMODS 2004 Page 1 of 1 SECTION 02582 SECTION 02660 WATER DISTRIBUTION 1.4 STANDARD DRAWINGS Delete: Standard Drawing No. 02660-3,Thrust Blocking for Water Main Valves Delete: Standard Drawing No. 02660-4, Fire Hydrant Setting Delete: Standard Drawing No. 02660-5,Hydrant Location Detail Delete: Standard Drawing No. 02660-6,Water Service Line Delete: Standard Drawing No. 02660-7,Blowoff Valve Add: City of Bozeman Standard Drawing No. 02660-3,Thrust Blocking for Water Main Valves Add: City of Bozeman Standard Drawing No.02660-4,Fire Hydrant Add: City of Bozeman Standard Drawing No. 02660-5,Hydrant Location Detail Add: City of Bozeman Standard Drawing No. 02660-6,Water Service Line Add: City of Bozeman Standard Drawing No. 02660-7,Typical Blowoff Add: City of Bozeman Standard Drawing No. 02660-8,Hydrant Barrier Posts Add: City of Bozeman Standard Drawing No. 02660-10, Typical Valve/Tee Restraint Add: City of Bozeman Standard Drawing No. 02660-11, Water Main Crossing Below Existing Sewer Main Add: City of Bozeman Standard Drawing No.02660-12,Water Service Line,4"and Larger Add: City of Bozeman Standard Drawing No. 02660-13, Standard Fire Service Line Installation,Class I,II,and III Systems Add: City of Bozeman Standard Drawing No. 02660-14, Standard Fire Service Line Installation, Class IV and V Systems Add: City of Bozeman Standard Drawing No. 02660-15, Water Service Line from Curb Stop to Building(Lines 2"and Smaller) Add. City of Bozeman Standard Drawing No. 02660-16, Water and Sewer Main and Services Location Standards Add: City of Bozeman Standard Drawing No.02660-17,Water Service Interior Clearances 2.2 PIPE MATERIALS B. Ductile Iron Pipe 1. Revise as follows: Furnish Class 51 wall thickness meeting AWWA C151, American National Standard for Ductile Iron Pipe for 12"diameter pipe and smaller. For pipe sizes greater than 12", furnish as specified in the contract documents. 2. Revue as follows: Use underground pipe having mechanical or push-on joints meeting AWWA C 111. Use underground fittings having mechanical j oints meeting AWWA C111.Use restrained joint pipe for all stream crossings and for pipe installed in casings. If restrained joints at fittings are required,use Megalug mechanical joint restraint or Megaflange restrained flange adapter,manufactured by EBBA Iron Sales, COBMODS 2004 Addendum 3 Page-1-of 13 SECTION 02660 or Uni-flange Series 1400 retainer glands, manufactured by Ford Meter Box Company, MJ Field Lok® Series DI, manufactured by US Pipe, Field Lok® 350 Gaskets for push-on joints,manufactured by US Pipe, Sigma One-Lok Series SLD manufactured by Sigma Corporation,or approved equal. 4. Fittings Delete the use of gray-iron fittings, add the following requirements: All fittings must be manufactured in accordance with applicable AWWA standards at ISO 9001-2000 approved manufacturing facilities. These manufacturing facilities must be covered under periodic audits by third party accreditation bodies for evaluations. These evaluations shall include manufacturing processes,quality control,corrective and preventative actions, and document control. In addition, distribution centers must be audited by Third Party Approval Agencies for periodic confirmation tests and surveillance audits. These periodic confirmation tests and surveillance audits shall document continuation of product approvals by auditing the entire quality systems including design, infrastructure, system implementation, distribution,training,quality control and assurance, and document control. All fittings must be manufactured in accordance with NSF 61. 5. Joints a. Revise as follows: Assure the fitting interior is cement mortar lined meeting AWWA C 104,or fusion-bonded epoxy lined meeting ANSI/AWWA C 116/A21.16. Assure the fitting exterior is bituminous tar coated 1 mil thick or fusion-bonded epoxy lined meeting ANSI/AWWA CI16/A21.16. Use compact fittings having a rated working pressure of 350 psi following manufacturer recommended laying lengths. 6. Couplings Delete the use of cast iron or gray iron sleeves. Add the following requirements: a. 4) Furnish one of the following copper to copper compression connection couplings: Mueller H15403; Ford C44-xx-Q style; or AY McDonald 4758Q for 3/4", 1", 3/4" x 1", and 1" x 1 1/2". No connection couplings are permitted from the corporation stop to the curb stop for 3/4" and 1" services. C. Polyvinyl Chloride(PVC)Pressure Pipe Delete the use of thispipe material for water lines D. Concrete Cylinder Pipe Delete the use of this pipe material for water lines E. Water Service Pipe Revise this section as follows: COBMODS 2004 Addendum 3 Page-2-of 13 SECTION 02660 1. Use copper or ductile iron pipe in water service line construction as specified in the contract documents and meeting the following specifications. a. Furnish service pipe of the size or sizes specified. A water line is designated a service line or water main based on its use, not its size. Generally,a line serving a single building or facility is considered a service line; a line serving more than one building, or intended to serve more than one building or facility is generally designated a water main. The standard sizes of services are 3/4" 1" 1'/2" 2" 4" 6",or 8". The minimum size of a fire service is 1". b. Unless otherwise shown on the plans, furnish and install the service pipe from the main to 8 feet past the property line with a curb stop and curb box installed 8 feet past the property line. Install the water service lines in accordance with City of Bozeman Standard Drawings 02660-6 and 02660-12 and where applicable with"City of Bozeman Fire Service Line Standard", City of Bozeman Standard Drawings 02660-13 and 02660-14. C. Copper Service Pipe 1) Use copper, type K annealed, meeting AWWA Standard C800. Use straight lengths for 1.5"and 2"services. d. Polyethylene Service Pipe Delete the use of thispipe materialfor permanent water lines. e. Ductile Iron Pipe 1) Use ductile iron pipe for water service lines that are 4" in diameter or larger. Furnish ductile iron pipe which conforms to the requirements of Section 02660. 2.3 TAPPING SLEEVES AND VALVES: Revise this section as follows: A. Tapping sleeves shall be ductile iron or stainless steel,split-sleeve,mechanical joint type with end and side gaskets. They shall have a Class 125, ANSI B 16.1 outlet flange. They shall be rated for a minimum of 200 psi working pressure and shall contain a threaded plug for testing purposes on the neck or body of the tapping sleeve. Gaskets shall be manufacturers' standard suitable for use in potable water systems. Bolts and nuts shall be Cor-Ten,Dura-Bolt,or stainless steel. The sleeve shall be as manufactured by Mueller Company, Model H-615 or H-304, unless otherwise approved by the City of Bozeman. COBMODS 2004 Addendum 3 Page-3-of 13 SECTION 02660 B. Tapping valves shall be Mueller,with flanged inlets compatible with the flange of the tapping sleeve and mechanical joint outlet. Tapping valves shall be iron body, bronze mounted gate valves with non-rising stems with design, construction and pressure rating conforming to AWWA Specification C509. Stem seals shall be double"0"ring seals designed so that the seal above the stem collar can be replaced with the valve under pressure in full open position. C. The tapping sleeve and valve shall be furnished and installed by the Contractor and the wet tap made by the City of Bozeman Water Department with the cost paid by the Contractor. The Contractor shall excavate the existing main at the location to be tapped to confirm the appropriate pipe dimensions prior to ordering the fittings. The tapping sleeve shall be installed with the outlet set on the horizontal plane. A concrete thrust block shall be installed behind the tee. 2.4 CORPORATION STOPS Revise this section as follows: 1. Furnish 300 psig ball valve brass corporation stops with inlet end to suit tapping requirements and conductive compression connection outlet for type K copper tubing. Furnish either Mueller B25008,Ford FB 1000-x-Q, or A.Y.McDonald 4701BQ corporation stops. 2.5 SERVICE CLAMPS Revise this section as follows: 1. Furnish flat,double strap,bronze metal service clamps(service saddles)with Neoprene gaskets and corporation stop threads. Use Mueller BR 2 B Series, Ford 202B,or AY McDonald 3825. 2.6 CURB STOPS Revise this section as follows: 1. Furnish curb stops with ball type curb valves with Minneapolis pattern screw box mounts for 3/4", 1", 1'/2", and 2" services, with 90' open to close operation. Furnish curb stops that conform to the following: Service Size Curb Valve and Curb_SM 3/4" Ford Ball Valve Curb Stop B44-333-M-Q 1%" Minneapolis Thread, Mueller B-25155 1'/2"Minneapolis Thread,or A.Y.McDonald 6104Q,part number 4182-035 1" Ford Ball Valve Curb Stop B44-444-M-Q 1'/2" Minneapolis Thread, Mueller B-25155 1'/2"Minneapolis Thread,or A.Y.McDonald 6104Q,part number 4182-192 1/z" Ford Ball Valve Curb Stop B44-666-M-Q 2" Minneapolis Thread, Mueller B-25155 2" Minneapolis Thread, or A.Y. McDonald 6104Q, part COBMODS 2004 Addendum 3 Page-4-of 13 SECTION 02660 number 4182-137 2" Ford Ball Valve Curb Stop B44-777-M-Q 2" Minneapolis Thread, Mueller B-25155 2" Minneapolis Thread, or A.Y. McDonald 6104Q,part number 4182-081 2.7 CURB BOXES Revise this section as follows: 1. Furnish Minneapolis pattern base, extension type curb boxes having 7 foot extended lengths. Provide 5-foot stationary rods in all curb boxes. Use the following curb boxes: Mueller H10300 for 3/4" and 1" services Mueller H10300-99002 for 1 %" and 2" services AY McDonald 5615 with 5614L lid for 1 '/z " and 2" services AY McDonald 5614 with 5614L lid for 3/4 " and 1" services Ford EM2-70-57-60R for 1 %"and 2"services Ford EM2-70-56-60R for 3/4"and 1" services 2. Center and place the top section of a valve box with lid over all curb boxes that fall within asphalt pavement. 2.8 VALVES A. Gate Valves Revise this section as follows: 3. Gate valves shall be used for all lines from 4" up to and including 20". Furnish gate valves for underground installation equipped with a 2-inch square operating nut for key operation. All valves are to open counterclockwise. Valves are to be equipped with mechanical j oints for pipe connections. Furnish Mueller 2360 valves or American Flow Control Series 2500 Ductile Iron Resilient Wedge Gate valves for sizes 12"and smaller,and Mueller 2361 valves for sizes 14"to 20". B. Butterfly Valves Revise this section as follows: 1. Furnish Class 250, rubber seated, butterfly valves for water distribution systems sized 24"and larger,meeting AWWA C504 requirements.Valves to be equipped with mechanical joint ends and lubricated screw type operators designed for underground service. Furnish butterfly valves by Mueller, Kennedy, or M&H. COBMODS 2004 Addendum 3 Page-5-of 13 SECTION 02660 Add the following section: C. OS &Y Valves 1. For service lines 4" and larger, furnish a UL listed flanged Kennedy, American Flow Control, or Mueller OS &Y valve as the first fitting inside the building. For fire service lines 2"and smaller,furnish a NIB CO T-104-0 OS &Y valve as the first fitting inside the building. 2.9 VALVE BOXES Add the following requirement: B. Valve boxes shall be East Jordan Iron Works 8560 series. 2.10 FIRE HYDRANTS Revise this section as follows: B. Furnish hydrants with 5'/4"valve openings,flanged inlet,one 5"storz connection and two 2'/2"hose connections. Storz connectors to be by Harrington Company.Assure hose nozzle threads meet ASA Specification B26 for National Standard Fire Hose Coupling Screw Threads, 7'/2 threads per inch. Assure hose threads and storz connection match City of Bozeman standards. Furnish National Standard operating nut. Furnish hydrants opening counterclockwise and having an arrow on the hydrant top designating the opening direction. D. Paint the hydrant portion above the ground line red. Furnish hydrants so that there is a minimum of 6'/z' of cover over the hydrant lead unless specified otherwise on the approved plans. Furnish Mueller Super Centurion 250 model hydrants or Waterous 5 '/4" Pacer model hydrants per Water Department specifications. Furnish Mueller Defender Security Device,with locks keyed to City,of Bozeman Standard,for each hydrant installed. 3.2 PIPE INSTALLATION FOR WATER MAINS C. Laying of Pipe Revise as follows: 10. Construct reaction or thrust blocks at all tees, tapping tees, plugs, valves (except tapping valves and hydrant auxiliary valves that are part of a hydrant assembly),reducers,caps,vertical bends,and at horizontal bends deflecting 22'/2" or more. Limit using metal rods or straps for thrust restraint to those specified on the plans, or where the use of concrete thrust blocks would be impractical. Do not use metal rods or straps unless specifically approved by the City of Bozeman. Construct reaction blocks from concrete having a minimum compressive strength of 3,000 pounds per square inch at 28 days. Place blocking between undisturbed ground and the fitting to be anchored,as shown on Standard Drawing 02660-1. The size of thrust(gravity)blocks for vertical bends will be as designed by the Engineer. Place the blocking so that COBMODS 2004 Addendum 3 Page-6-of 13 SECTION 02660 9 pipe and fitting joints are accessible for repair. In lieu of concrete thrust blocks, thrust restraint may be provided utilizing Megalug® , Uni-Flange''M , MJ Field Lok® Series DI, Field Lok® 350 Gaskets for push-on joints,manufactured by US Pipe,Sigma One Lok Series SLD manufactured by Sigma Corporation,or approved equal joint restraints, for all fittings that require thrust restraint, except for cut-in or tapping tees (for mains or services)and bends on service lines inside building foundations, unless specifically prohibited by the City of Bozeman. Install the mechanical restraints in accordance with manufacturer's specifications and at all joints as specified by the Engineer. D. Pipe Jointing l. Rubber Gasket, "Push-On"Joints Add the following requirement: b. All sections of newly installed water main shall provide continuity for electrical current. In order to provide continuity,insert a minimum of three brass or bronze conductive wedges in the joints of ductile iron pipe. Insert a copper wedge between cast iron and ductile iron pipe joints in accordance with manufacturer's recommendations.Conduct a continuity test of new mains when required by the Engineer or City of Bozeman. 3. Connections to Existing Mains Add the following requirements: C. All wet taps to water mains in use shall be made by the City of Bozeman Water Department at the expense of the Contractor. All dry taps or connections shall be made by the Contractor. Any new or existing valve which controls water in the municipal system shall be operated by City of Bozeman personnel only. The Contractor shall pressure test tapping tees prior to tapping by the Water Department. The tapping tees shall be hydrostatically pressurized to a minimum pressure of 200 psi, and the testing apparatus shall be in place for verification by the Water Department tapping personnel. d. The Contractor is responsible for 24 hour advance notification, in writing, to all affected customers of a water main shut-down. The written notification is to include the date,time and estimated duration of interrupted service. The written notification is also to include the name and phone number of the Contractor's representative who is coordinating the shut-down as well as the phone number of the City of Bozeman Water Department. All commercial customers affected by the water main shut-down must sign a notification sheet acknowledging that they have been informed of the date and time of COBMODS 2004 Addendum 3 Page-7-of 13 SECTION 02660 If the shut-down. The City of Bozeman reserves the right to determine the likely duration of the main shut-down based on the proposed work and Contractor experience, and require the installation of temporary water services by the Contractor. e. Clean and disinfect temporary water systems in accordance with the requirements for cleaning and disinfecting new water mains. Do not connect existing services to the temporary system until bacteriological tests show successful disinfection. Provide backflow protection at the point of connection of the temporary system to the municipal system,and at each point of connection of the temporary water system to the individual services. f. Remove any existing blow-offs or temporary flushing hydrants upon completion of the connection to the existing main,and install a brass plug upon removal of the corporation stop. 3.4 TESTING, CLEANING&DISINFECTING WATER MAINS,VALVES & FITTINGS A. Hydrostatic and Leakage Testing 1. Add the following: The required minimum hydrostatic pressure for any test is 200 psi. 2. Add the following: Assure that the testing gauge is marked in increments no greater than 10 psi. 4. Revise this section as follows: Conduct the leakage test concurrently with the hydrostatic pressure test for 2 hours. Leakage is defined as(1)the quantity of water supplied into the pipe,or any valved section thereof,necessary to maintain pressure within 5 PSI of the specified test pressure(after the pipe has been filled with water and purged of air)for the duration of the 2 hour test period, and(2)the quantity of water supplied into the pipe, or any valved section thereof, required to return the pressure to the specified test pressure at the end of the 2 hour test period. Add the following requirements: 11. Chlorination,testing,and sampling shall comply with AW WA Standard C651- 92. There shall be no allowable leakage for resilient seat gate valves. At least 24 hours prior to beginning water main tests,a testing schedule shall be submitted by the Contractor to the City Engineering Office for approval. The schedule shall specify the proposed sequence of testing and the methods and procedures which will be used to complete the tests. Hydrostatic and leakage testing shall not be conducted concurrently with chlorination of water mains. All heavily chlorinated water must be flushed from the system prior to pressurizing the new mains. COBMODS 2004 Addendum 3 Page-8-of 13 SECTION 02660 12. Any existing or new water main valves which are used to take water from the City of Bozeman distribution system for the purpose of filling,testing, chlorination or flushing,shall be operated by the City of Bozeman Water Department personnel only,with the Contractor requesting such operation at least 24 hours in advance. All existing water main valves are to be operated only by City of Bozeman Water Department personnel. 13. Allow five days after placement of concrete for thrust blocks before performing hydrostatic or leakage testing. If high-early strength concrete is used, allow two days after placement of concrete before performing hydrostatic or leakage testing. Provide adequate cold blocking as required for all thrust blocks that will not have the necessary curing time prior to testing. 14. For sections of mains that cannot be hydrostatically tested, assure that all joints are visually inspected for leakage under line working pressure by City of Bozeman representative prior to backfilling. B. Cleaning Water Mains Add the following requirements: 5. Prior to any main flushing the City of Bozeman Engineering Office shall be notified and provided with a flushing schedule and plan a minimum of 24 hours in advance of any main flushing. The City of Bozeman Fire Department shall be allowed adequate access to conduct pressure and flow testing of fire hydrants during the flushing process. 6. Any existing or new water main valves which are used to take water from the City of Bozeman distribution system for the purpose of filling,testing, chlorination or flushing, shall be operated by the City of Bozeman Water Department personnel only with the Contractor requesting such operation at least 24 hours in advance. All existing water main valves are to be operated only by City of Bozeman Water Department personnel. 7. Install an adequately-sized corporation stop on all main stubs longer than 10 feet to allow for the flushing of the stubs (see Table 1 MPW Section 02660). Following completion of all tests,remove corporation stops,install brass plugs,and assure plugs do not leak after main has been charged.A representative from the City of Bozeman must witness this work. COBMODS 2004 Addendum 3 Page-9-of 13 SECTION 02660 C. Disinfecting Water Mains 3. Methods of Chlorination a. 1) Tablet Method Revise this section as follows: a) The tablet method consists of placing calcium hypochlorite granules(tablets shall not be used)in the water main as it is being installed and then filling the main with potable water when installation is completed.This method may be used only if the pipes and appurtenances are kept clean and dry during construction. b) Placing of calcium hypochlorite granules. During construction, calcium hypochlorite granules shall be placed at the upstream end of the first section of pipe, at the upstream end of each branch main,and at 500- foot intervals. The quantity of granules shall be as shown in Table 2. c) Warning:This procedure must not be used on solvent welded plastic or on screwed joint steel pipe because of the danger of fire or explosion from the reaction of the joint compounds with the calcium hypochlorite. d) When installation has been completed, fill the main with water at a velocity not exceeding I fps. Take precautions to assure that air pockets are eliminated. Leave this water in the pipe for at least 24 hours. If the water temperature is less than 41° TABLE 2 OUNCES OF CALCIUM HYPOCHLORITE GRANULES TO BE PLACED AT BEGINNING OF MAIN AND AT EACH 500-FT INTERVAL Pipe Diameter(d) (in.) Calcium Hypochlorite Granules (oz.) 4 1.7 6 3.8 8 6.7 10 10.5 12 15.1 14 and larger D2 x 15.1 Where D is the inside pipe diameter in feet D=d/12 COBMODS 2004 Addendum 3 Page-10-of 13 SECTION 02660 D. Bacteriological Tests 1. Revise this section as follows: After final flushing and before the water main is placed in service,test a sample,or samples,collected from the main(s)for turbidity and organisms. Collect at least one sample for every 1200 feet of new main and from each branch. a. Once the water main has been flushed following the successful completion of chlorination and pressure testing,the water line must be refilled with water and allowed to sit a minimum of 24 hours prior to the collection of samples for bacteriological tests. A second set of samples is to be taken a minimum of 24 hours after the first set of samples. Samples shall be taken in accordance with AWWA Standard C651-92. New water mains shall be placed in service by City of Bozeman personnel only. b. Collect samples from new water mains out of service lines or temporary taps. Samples may only be taken out of fire hydrants or flushing hydrants if approved in advance by the City of Bozeman. If hydrants are approved as sample locations,operate hydrants using the auxiliary valves or curb stops to prevent groundwater from entering hydrant. Assure that hydrants are kept from freezing during testing. C. Following the completion of bacteriological tests, assure that all temporary piping has been removed, and all temporary corporation stops have been removed and replaced with brass plugs. 3.6 VALVES A. Add the following requirement: For butterfly valves, set the operating nut on the west side of mains.that run north-south,and on the north side of mains that run east- west. C. Valve Thrust Blocks 1. Revise this section as follows: Install valves with thrust blocks and anchor rods meeting City of Bozeman Standard Drawing 02660-3 requirements. Thrust blocks are required on all valves size 6" and larger, except for tapping valves and hydrant auxiliary valves attached to the hydrant shoe flange. In lieu of concrete thrust blocks, thrust restraint may be provided utilizing Megalug®, Uni-FlangeT', MJ Field Lok® Series DI, or approved equal joint restraints. COBMODS 2004 Addendum 3 Page-11-of 13 SECTION 02660 3.7 FIRE HYDRANTS B. Revise this section as follows: Provide drainage at the hydrant base by placing clean gravel under and around it. Place gravel at least 1 foot on all sides from the base of the hydrant to at least 6 inches above the drain opening. Brace the hydrant against undisturbed earth at the trench end with concrete backing as detailed on the plans. In lieu of concrete thrust blocks, thrust restraint may be provided utilizing Megalug®,Uni-FlangeT"',or approved equal j oint restraints.Furnish hydrants with the specified gate valves. Install hydrants meeting City of Bozeman Standard Drawings 02660-4 and 02660-5. Where no curb exists or the minimum distance of three feet behind the curb cannot be met or there is no other adequate protection, install protective barrier posts in accordance with City of Bozeman Standard Drawing 02660-8 when required by the Water Superintendent. Protect the hydrant from damage during installation and backfilling operations. Hydrants may be subject to replacement by the Contractor if any of the protective paint coating is damaged during installation. 3.8 SERVICE LINE INSTALLATION Revise this section as follows: A. Provide all work and materials for the complete service line installation, including trench excavation and backfill;making the water main tap;furnishing and installing the corporation stop,curb stop and box,service clamp where necessary,and service line with fittings as required to make the connections to the stops. Provide a minimum of 6%2 feet of cover measured as noted on City of Bozeman Standard Drawing No.02660-6. Use compression fittings for all service line fittings. Do not use sweat or solder fittings. Use a continuous length of pipe with no couplings between the corporation stop and the curb stop for 3/4" and 1" services. B. Mark the water service line stub end using a steel fence post painted blue, 6.5 feet long,buried 2.5 feet in the ground. Set post l' from curb box.After bacteriological tests have passed and the test results have been submitted to the Water Department, r open all curb stops in the presence of the Engineer to assure the service lines are flushed and all corporation stops are open. All main line valves are to be operated by Water Department personnel only. C. Service line installation from the end of the stub into the building shall be as per City of Bozeman Standard Drawings 02660-12 or 02660-15. Service lines shall not be installed from the end of the stub into the building until the main line has been accepted by the City and placed into service. The water service line from the stub into the building may be reduced in size,however the size reduction must be made within 18"of the curb stop or outside valve. Connections to existing stubs(either for domestic or fire service)that have remained dormant or unused longer than 6 months may require re-flushing or disinfection at the discretion of the Water Superintendent prior to being placed into service. The Water Superintendent may require bacteriological testing to assure that the dormant line has not become contaminated. COBMODS 2004 Addendum 3 Page-12-of 13 SECTION 02660 3.9 TAPPING Revise this section as follows: A. Tap the newly installed water mains unless specified otherwise. Provide a minimum distance of 18"between service taps. The City of Bozeman Water Department will tap any existing water mains. For taps on existing mains, the Contractor is responsible for scheduling and coordinating with the Water Department. The Contractor will be charged a fee for each tap made by the Water Department. All taps on existing mains require tapping saddles and corporation stops to be supplied and installed by the Contractor prior to tapping of the main by the Water Department. B. Perform tapping using an approved tapping machine using clean, sharp drill taps and/or shell cutters. 3/4-inch and 1-inch taps may be made directly into the barrel of ductile iron pipe without using service saddles. Direct tap into the pipe barrel to the depth exposing a maximum three threads of the corporation stop.Taps greater than 1"on a 6"line require the use of saddle clamps. Taps 4"and larger to existing water mains which are 4" and larger require the use of a tapping sleeve and valve. COBMODS 2004 Addendum 3 Page-13-of 13 SECTION 02660 SECTION 02720 STORM DRAIN SYSTEMS 1.4 STANDARD DRAWINGS Delete: Standard Drawing No. 02720-1, 30" Standard Storm Drain Inlet Delete: Standard Drawing No. 02720-3, Sanitary Sewer and Storm Drain Manhole Delete: Standard Drawing No. 02720-4, Standard Straight Manhole Delete: Standard Drawing No. 02720-5,48" Standard Manhole Delete: Standard Drawing No. 02720-8, Standard Cast Iron Cover Delete: Standard Drawing No. 02720-9, Standard 24" Cast Iron Ring Add: City of Bozeman Standard Drawing No. 02720-1,36" Standard Storm Drain Inlet Add: City of Bozeman Standard Drawing No. 02720-1A, Standard Square Storm Drain Inlet Add: City of Bozeman Standard Drawing No. 02720-113, Combination Manhole and Curb Inlet Add: City of Bozeman Standard Drawing No.02720-3,Sanitary Sewer and Storm Drain Manhole Add. City of Bozeman Standard Drawing No. 02720-4, Standard Straight Manhole Add. City of Bozeman Standard Drawing No. 02720-11, Storm Drain Debris Rack 2.1 GENERAL A. Add the following: All culverts shall be reinforced concrete with flared-end sections unless otherwise approved by the City Engineer. All public storm drain systems shall be constructed with reinforced concrete pipe, or with solid-wall or corrugated PVC pipe for pipe sizes 36"and less. 2.2 MANHOLES D. FRAMES AND COVERS Revise this section as follows: 1. Furnish D &L Foundry A-1178 ring and cover or East Jordan Iron Works 3771/3772 series ring and cover,or approved equal. Assure that all covers have two pick holes, 1"minimum, 1 '/"maximum diameter.Cover lettering shall be"Storm Drain". Covers shall have a City of Bozeman logo cast into the cover.The design of the logo to be approved by the Street Superintendent. 2.4 INLETS AND CATCH BASINS Revise this section as follows: A. Unless otherwise approved,furnish either of the following frames and grates:Neenah R-3067-L,Deeter#2047L,D&L Foundry I-3517,or East Jordan Iron Works 7030 with T1 back and Type M6 grate.Inlet castings shall have a logo cast into the curb COBMODS 2004 Addendum 3 Page 1 of 2 SECTION 02720 piece stating"Dump no Waste,Drains to Waterways" or similar. 3.2 MANHOLES A. Construction 1.Revise this section as follows: Construct manholes to the specified dimensions. Unless otherwise shown on the plans,do not form channels in storm drain manholes. Assure that the lowest pipe invert is 9" higher than the base of the manhole. COBMODS 2004 Addendum 3 Page 2 of 2 SECTION 02720 Add the following new section: SECTION 09810 STREET SIGNS PART 1 -GENERAL 1.1 DESCRIPTION A. This section is furnishing,fabrication,installation and the removing and resetting of signs in accordance with these and other specifications,the Standard Drawings,and in the location as shown on the plans or as directed by the Engineer. 1.2 REFERENCES MUTCD Manual on Uniform Traffic Control Devices 1.3 STANDARD DRAWINGS Standard Drawings in Appendix C applicable to this section are as follows: City of Bozeman Standard Drawing No. 09810-1, Sign Installation Standards City of Bozeman Standard Drawing No. 09810-2,Dead End Barricade City of Bozeman Standard Drawing No. 09810-3, Standard Street Marker Sign Location 1.4 DEFINITIONS A. The following definitions define the signing work to be done when the respective terms are used in the Contract. 1. NEW Signs designated "New" are to be furnished new and erected at the locations specified. 2. REUSE Signs designated"Reuse"are to be removed from the existing post or posts and remounted on a new post or posts at the locations specified. 3. REPLACE Signs designated"Replace"are to be removed and replaced with the specified"New" standard signs, including new post or posts, at the existing or specified new locations. 4. RESET Signs designated"Reset"are to be removed and reset at the locations specified using the existing sign faces and supports. 5. REMOVE Signs designated"Remove"are to be removed,to include the sign or sign assembly and sign supports. COBMODS 2004 Addendum 3 Page-1-of 4 SECTION 09810 PART 2-PRODUCTS 2.1 POSTS A. Use 2" perforated square tube 14 gauge galvanized steel posts for all sign posts unless otherwise specified on the plans. Use Telspar or approved equal sign posts. Anchor posts as shown on Standard Drawing 09810-1. 2.2 STREET NAME MARKER SIGNS A. Provide street marker (D-3) signs which meet all applicable MUTCD Standards. Furnish flat-blade aluminum sign blanks, 0.08 inches thick. For local streets, use 6 inch sign blanks; for collector or arterial streets,use 9 inch sign blanks. Provide a 1/4" white border around the edge of the sign. Use white Series "C" letters for the street name. For local streets,assure that the prefix and suffix copy are 2 inch upper case letters, centered top to bottom, and that the primary copy is 4 inch letter's all upper case. For collector and arterial streets, street names shall have 6 inch uppercase letters, and 3 inch letters for street abbreviations or city sections (e.g. Street,Avenue,Road). Attach signs back to back on signpost with two 3/8"drive rivets. 2.3 REGULATORY, WARNING, CONSTRUCTION,AND GUIDE SIGNS A. Assure that all signs meet applicable MUTCD Standards. Furnish construction grade aluminum sign blanks,0.08 inches thick. Attach signs to the posts with a minimum of two 3/8" drive rivets. 2.4 SIGNPOST FOUNDATION SLEEVES A. Furnish 2`/4"non-perforated 12 gauge galvanized steel square tube foundation sleeves for all sign posts. Use"Telspar Quik Punch" or approved equal. Install sleeves in concrete anchor as shown on Standard Drawing 09810-1. 2.5 REFLECTIVE SHEETING A. Reflective sheeting for signs shall meet the minimum retroreflectivity levels specified in Section 2A.09 of the MUTCD.Type I(engineer grade)sheeting shall not be used. PART 3-EXECUTION 3.1 SIGN INSTALLATION A. Assure that all signs are installed according to MUTCD Standards. Locate signs where shown on the plans or as.directed by the Engineer. Assure that signs are installed plumb, at the correct height, and with the edge of the sign a minimum of COBMODS 2004 Addendum 3 Page-2-of 4 SECTION 09810 two feet from the face of the curb or edge of pavement. 3.2 SIGN REMOVAL OR REPLACEMENT A. As directed by the Engineer, salvage existing signs designated to be removed or replaced to the site specified by the City of Bozeman. Properly dispose of all signs designated for removal or replacement which have not been designated for salvage. PART 4-MEASUREMENT AND PAYMENT 4.1 GENERAL A. The following are pay items for the work covered under this section. Payment for these items is full compensation for providing all materials, tools, labor and equipment necessary to complete the item and all incidental work related thereto, whether specifically mentioned herein or not. 1.NEW SIGNS Measurement of signs is per each sign installed. Payment for signs is made at the contract unit price bid per each sign installed, which includes Punishing and installing sign posts and sign faces and all other work necessary or incidental for completion of the item. 2. REUSE SIGNS Measurement of signs is per each sign installed. Payment for signs is at the contract unit price bid per each sign reused. Such price or prices and payment will be full compensation for furnishing and erecting the new sign supports and remounting the sign, removing and disposing of the existing sign supports,and backfilling of removal sites. 3. REPLACE SIGNS Measurement of signs is per each sign replaced. Payment for signs is at the contract unit price bid per each sign replaced. Such price or prices and payment will be full compensation for removing and disposing of the existing sign and furnishing and erecting the new sign supports and sign faces. 4. RESET SIGNS Measurement of signs is per each sign reset. Payment will be made at the contract unit price bid per each sign reset. Such price and payment will be full compensation for all work and materials including dismantling and removal, resetting, furnishing and installing break away devices (if required),breakdown of foundation material and backfill of removal sites, and all incidentals necessary to complete the work. When not provided for in the contract, reset signs will not be paid for directly but will be considered incidental to and included in payment for other items in the contract. COBMODS 2004Addendum 3 Page-3-of 4 SECTION 09810 5. REMOVE SIGNS Measurement of_signs is per each sign removed. Payment will be made at the contract unit price bid per each sign removed. Such price and payment will be full compensation for removing each sign and supports, removal from the project,breakdown of foundation material,and backfilling removal sites. 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I a P-'z��a•-'3 li J a H Oa. cL �m O" -°uinmw°.3m L.)_ � Z � �0 ZJoo� W `� o°m a� zg Ou °c�p 3m°mu NuwOzv o �� oE 0 w v ,z20 E°5wc- = H5-EE OZ OWY>Elf Ir 0.5g-0V ONv- n O � '• m N r) .Y •V] t6 Ih 00 J v0 U� V)� a z ono � z 0 O Q 0 3 w Q Zaz O Q • wz �(r >" Z • Z U L'iLLI �1 E- Ow M ww O0 ¢uw) z?o z N CO N in :•f?L7;4l i NNOf}K?: ( _o� > o �Ow w Ln o o o :::;:;_ aLiLA v n wr-o � x � Z)a::10 w R9-1 1(L) SIDEWALK CLOSED AHEAD CROSS HERE 30"X24" SIDEWALK CLOSED 24"X18" SIGNS ARE TO BE PLACED AT THE NEAREST LEGAL CROSSING TO THE WORK AREA. MAY ONLY BE USED IF A PARALLEL , SIDEWALK EXISTS ON THE OTHER SIDE OF THE ROADWAY. SIDEWALK CLOSED 24"X18" R9-1 1(R) SIDEWALK CLOSED AHEAD CROSS HERE 30"X24" SIGN ® WORK SITE TRAFFIC DRUMS OR CONE CITY OF BOZEMAN SCALE: PEDESTRIAN TRAFFIC NO. 01570-7 NONE CONTROL FOR TEMPORARY FEB 2007 STANDARD DRAWING SIDEWALK CLOSURE 5 5. 2% R9-9 �SIDEWALK TEMPORARY ACCESS } RAMP ADEQUATELY SUPPORTED FENCING F SIDEWALK FENCING - CLOSED •MUST MAINTAIN 4' CLEAR AREA R9-9 BETWEEN FENCING. WALKWAY MUST BE SMOOTH AND KEPT CLEAR OF FENCING AS SHOWN MAY USED OBSTRUCTIONS FOR SHORT TERM (LESS THAN APPROPRIATE TRAFFIC 30 DAYS) INSTALLATION. MORE CONTROL PLAN MUST BE PERMANENT STRUCTURES WILL BE USED FOR LANE CLOSURES REQUIRED FOR LONGER TERM. A COVERWALK MAY BE REQUIRED FOR OVERHEAD OPERATIONS (IF HEIGHT MINUS 10' EXCEEDS DISTANCE FROM WALK WAY TO WORK AREA) CITY OF BOZEMAN SCALE: SIDEWALK CLOSURE NO. 01570-8 STANDARD DRAWING NONE WITH FEB 2007 DETOUR REST SURFACING HUr MIX A'JRYLT 2e UK AND svecRAce , RINGS AS NECESSARY -12 NOTES: 1.Adjust manholes upward with adjusting rings under frame. 2.Adjust manhole downward by removing cone and barrel sections as necessary and replacing with sections of length required to match grade. 3.Slope manhole frame as required to mathch slope of street. 4.Final manhole adjustment shall be made before paving. 5.All joints between manhole sections,top cone,adjusting rings,and manhole ring shall be watertight. Joint material shall be"Ram-Nek"or approved equal. 6.Manhole ring and cover shal be adjusted to match final crown and grade of street.Use Anderson Precast or approved equal concrete angled adjustment rings to obtain required angle. 7.Manhole ring and cover:use MCI 305 frame,305A cover,IFCO 772 frame, 772-B cover,or Deeter 1025,or D&L A-1172 with 1"cover. CITY OF BOZEMAN Scale: MANHOLE ADJUSTMENT NO. 02213-1 STANDARD DRAWING None DETAIL Rev.April2005 6. B' MIN. 1 4" MAX. TOP OF NEW PAVEMENT WE COMPACTED BASE do SUBGRADE NOTES: 1. Adjust water valves upward or downward as required. Flnal adjustment shall be made after paving and before seal coating. 2. Model No, 69 8550 series, East Jordon Iran works adjustable screw—type risers may be used to raise or adjust existing valve boxes only. 3. Valve box adjustment shown is designated as Type Il water valve adjustment. Type I water valve adjustment is similar except with a concrete collar. CITY OF BOZEMAN SCALE: WATER VALVE ADJUSTMENT NO. 02213-2 STANDARD DRAWING NONE DETAIL Feb. 2004 NOTE: WHERE TRENCH PASSES THROUGH EXISTING PAVEMENT THE PAVEMENT SHALL BE CUT ALONG A NEAT VERTICAL LINE A MINIMUM OF 12" (30cm) FROM THE EDGE OF THE TRENCH OPENING, WHERE NEAT LINE IS LESS THAN 3' (0.9m) FROM EDGE OF EXISTING PAVEMENT OR CURB AND GUTTER SECTION, REMOVE AND REPLACE ENTIRE PAVEMENT SECTION BETWEEN TRENCH AND EDGE OF PAVEMENT. EXISTING STREET SURFACE VERTICAL TRENCH WALLS WITH SHORING TO CONFORM TO O.S.H.A. REGULATIONS' 2"(30 cm) MIN. SUBGRADE OR GROUND SURFACE . INSTALL DETECTABLE SLOPING, BENCHING OR WARNING TAPE 18"(45cm) SUPPORT SYSTEMS IN THIS BACKSLOPE AS SPECIFIED MAX. DEPTH AREA TO CONFORM TO TO CONFORM TO O.S.H.A. (OPTIONAL) O.S.H.A. REGULATIONS' REGULATIONS' TYPE "A "B", OR "C" : 6"(15cm) \ TRENCH BACKFILL \/ \/ R ` SELECT TYPE I BEDDING /' MATERIAL PLACED IN 6"(15cm) LAYERS do TYPE I PIPE BEDDING L �// COMPACTED AS SPECIFIED PLACED IN 6"(15cm) MAX. IN SECTION 02221. LAYERS AND COMPACTED 4"(IOcm) THOROUGHLY. TRENCH MOTH=O.D. OF PIPE PLUS 2'(60cm) y/ MIN. TRENCH WDTH= 3.5'(i.lm TYPE 2 PIPE BEDDING WHERE REQUIRED FOR SOFT OR UNSTABLE FOUNDATION NOTE: SEE CONTRACT SPECIAL PROVISIONS FOR ANY MODIFICATIONS TO STANDARD TRENCH MATERIALS AND/OR OTHER TRENCH DESIGN FEATURES • SEE O.S.H.A. CONSTRUCTION STANDARDS FOR EXCAVATIONS. REVISED: 10/25/02 CITY OF BILLINGS SCALE: STANDARD DRAWING STANDARD SPECIFICATIONS NONE TYPICAL UTILITY TRENCH DETAILS NO. 02221-1 2" TO 2 1/2" DIAMETER BRASS CAP WITH ROUNDED TOP, SET FROM REFERENCE POINTS. EN 0 MARK MONUMENT POINT IN CAP AFTER INSTALLATION. STREET PAVEMENT 1/8" TO 1/4" BELOW PAVEMENT 6" TO 9" BUT NO DEEPER THAN 1/2" ABOVE BOTTOM OF BOX. __ ,:T�.. _- ;,.i: =.:•t -" _'.'•;= _ �;.i .E.,r.'_i,�.•.S ri. mot, .: .:A�•:�:.� ..f. GRAVEL BASE 2 1/2" MIN. ' LEAVE GRAVEL EXPOSED FOR DRAINAGE. MIN. o STANDARD CONCRETE (6 1/2 SACK MIX OR BETTER) POURED IN PLACE OR PRECAST AA AND SOLIDLY PLACED. NON REINFORCED 6" MIN., • '. ROUND OR SQUARE WITH 1/2" CHAMFERED CORNERS OR :4 REINFORCED PRECAST 4" SQUARE WITH 1/2". CHAMFERED CORNERS AND 4 NO. 2 REBARS. MONUMENT BOX INLAND FOUNDRY CO. PATTERN NO. 1034 OR APPROVED EQUAL. CITY OF BOZEMAN SCALE: TYPE I STREET MONUMENT NO. 02529-3 STANDARD DRAWING NONE Dec. 1999 R = 15' BACK OF CURB d a PT °< ° DOWEL WITH 24' N0.5 ` 'a�. c r EXPANSION 1 ( •) REBAR 3` ILdTO BACK l JOINTS OF CUkB, 3 CLEAR • o e TYP a . A .. � 2x MAx. .��'. • � :� a 5�••• • SIDEWAI •" 5' SIDEWALK (TYP.) 1:20 MAX. ... LAN €I '�ING. ce • .. •• ° a . a .4• SCALE: 1' =5' OWEL C BLVD. (TYP.) 6' THICK a CONCRETE SURFACE RAMPS TO BE CONS RUCTEO WITH DETECTABLE FxPAN51ON Flow line WARNING SURFACES COMPLYING WITH ADAAG dolNf COVERING THE ENE WIDTH OF THE RAMPS. . ONE CO,NER OF THE DETECTABLE WARNING MUST BE WITHIN B OF CUTER FLOW LINE, NO OTHER POINT ON THE LEADING EDGE,OF THE)DETECTABLE WARNING STORM DRAIN INLET MAY BE MORE THAN 5 FROM THE FLOW LINE . (TYPICAL LOCATION) REINFORCE CONCRETE IN RAMPS WITH EIBERMESH'AT A RATE IF 1 1/2 lbs./C.Y. OR WITH 6x6x10 GAUGE WIRE MESH 12" —�j 5'-0" 12" TOP OF CURB TRANSITION TO NORMAL SIDEWALK ELEVATION. DISTANCE VARIES. SIDEWALK 5' SIDEWALK 5.5" NO LIP LANDING FLOW LINE 5.5" VARIES SECTION B-B NO UP 9.5" 1sa Mrx• NO SCALE - 6" STANDARO 2 1/2- DEPRESSED Ir CURB SECTION SDEWALK LANDING 6"' 6" CONCRETE 3"�yVEL BASE (TfP.) RAMP SECTION A-A \ NO SCALE SECTION C-C CONSTRUCTION NOTES: NO SCALE 1. Standard applies to new construction, with max. curb R=15', and min. 5.5' boulevards. 2. Ramp and curb can be poured monolithically. 3. Storm drain inlets shall be constructed 'upstream' of ramps. Alternative locations permitted only upon City Engineer's approval. 4. Ramp width shall be 5' minimum. 5. Sidewalk cross—slopes shall not exceed 2%. BOULEVARD SIDEWALK NO. 02529-8 CITY OF BOZEMAN SCALE: PERPENDICULAR STANDARD DRAWING AS SHOWN PEDESTRIAN RAMP NOV. 1995 (15' MAX. RADIUS/5.5' MIN. BOULEVARD) Revised April 2006 FUTURE SIDEWALK 5' 6' 6'(MIN) SIDEWALK PROPERTY LINE VARIFS LIMIT OF PUBLICLY MAINTAINED SIDEWALK CURB k GUTTER 5' I�5------->-I NOTE: PUBLICLY-MAINTAINED SIDEWALKS TO BE 6" THICK M-4000 CONCRETE REINFORCED WITH 1.5 LBS FIBERMESH PER C.Y. FUTURE SIDEWAI-K i CITY OF BOZEMAN SCALE: PUBLICLY-MAINTAINED SIDEWALK NO. 02529-15 STANDARD DRAWING 1"= 5' CONSTRUCTION STANDARD MARCH 2O05 ............... 1� T 2' T - 24" White School Crossing f -2 8' Typical NOTE: The location of the crosswalk lines are dependent upon location of the sidewalks. CITY OF BOZEMAN SCALE: TYPICAL PAVEMENT MARKINGS NO. 02581 -2 NONE FOR SCHOOL CROSSINGS FEB. 1996 STANDARD DRAWING (TYPE "B" CROSSINGS) Revised Dec 2003 STEEL POST MARKER PROPERTY PAINTED BLUE LINE OR EASEMENT LINE 5 1/2 ' BOULEVARD (TYP.) 4' STREET SURFACE 5' SIDEWALK GROUND SURFACE _� V (TYP.) 7� J cuRe Box 11.5' PROVIDE 5' STATIONARY (TY F) ROD IN ALL CURB BOXES 6 1/2' MIN. COVER SEE DETAIL s' IN BELOW CIR UMISTANCESEPT WHERESCITYAHAS TAP BY CONTRACTOR APPROVED ALTERNATE LOCATION) CURB STOP WATER MAIN NO COUPLINGS OR OTHER JOINTS A LQWED ON, SERVICE PIPE FROM BASE MATERIAL CORP. STOP TO CURB STOP FOR 3�4 AND 1 SERVICES. STRAIGHT COPPER PIPE SHALL BE USED FOR 1 1/2" AND 2" SERVICES DETAIL OF A SELECT MATERIAL BACKFILL AREA PROPERLY CORPORATION STOP (SEE SPECIFICATIONS) INSTALLED CORPORATION TAP MAIN AT / / // //. /I. 3/4" DIA. MIN. SPRINCLINE. /�/// /��//�///�// /mil/ ///�%//�///� SERVICE PIPE 2 4 \,`�\✓_1 �\\ \%````\_ _`� 6" MIN. 85 GENERAL NOTES: 1. WATER SERVICE LINES SHALL HAVE A MINIMUM 6 1/2 FOOT COVER MEASURED FROM THE EXISTING GROUND SURFACE, EXCEPT THAT COVER SHALL BE MEASURED FROM CENTER LINE STREET GRADE WHEN SERVICE LINES ARE LAID TO A STREET SIDE WHICH HAS AN UPHILL SLOPE. WATER SERVICE LINES SHALL HAVE A MAXIMUM 7 1/2 FOOT COVER AT CURB STOP. 2. WATER SERVICE LINES SHALL BE INSTALLED WHERE SHOWN ON THE DRAWINGS OR AS SPECIFIED. 3. BEDDING SHALL BE 1' CIA. MAXIMUM WITHIN 6' OF SERVICE PIPE. 4. INSTALL CURB STOP SO THAT OPERATING KEY IS PARALLEL TO STREET IN OFF-POSITION. CITY OF BOZEMAN SCALE: WATER SERVICE LINE NO. 02660-6 STANDARD DRAWING NONE DEC 2003 FINISH GRADE CURB BOX VALVE BOX TOP SECTION 8'MIN MUELLER H-15428 STRAIGHT COUPLING WITH GALVANIZED OR BRASS CAP 6.5' MIN COPPER SERVICE LINE 2" COPPER SERVICE LINE 1/4 BEND COMPRESSION 2 COUPLING 1/8" DIAMETER 1 3 4 \-CURB STOP CORPORATION STOP PROVIDEI/8" DIAMETER DRAIN HOLE WATER MAIN CITY OF BOZEMAN SCALE: NO. 02660-7 STANDARD DRAWING NONE TYPICAL BLOWOFF Dec. 2003 INLET CASTING NEENAH R-3067—L, 4" MINIMUM, EJIW 7030, OR 7" MAXIMUM DEETER 2047L, OR OPENING D & L 1-3517 5/5" SMOOTH ROD CENTERED IN OPENING (EXCEPT FOR EJIW 7030) ? 24" SQUARE FLAT TOP 6" OPENING .d 36" R.C.P. C-76 e CLASS 2 0 a' W BLOCK OUT FOR ° INLET PIPE :o T`7II a I � 9" SUMP a —4" 6" PRECAST BASE 44" O.D. CITY OF BOZEMAN SCALE: 36" STANDARD NO. 02720-1 STANDARD DRAWING NONE STORM DRAIN INLET Dec. 2003 Rev. March 2006 4" MINIMUM, 7" MAXIMUM OPENING 5/8" A u INLET CASTING T ROD CENTERDSMiN000PINING NEENAH R-3067-L, )p(EXCEPT FOR EJ(W 7A30) EJlW 7030, 6" FLAT • DEETER 2047L, OR SLAB COVER D & L 1-3517 OPENING 4' DIA. PRECAST REINFORCED CONCRETE MANHOLE AND BASE, AS PER STANDARD DRAWING NO. 02720-4 4'-0"- Jl� 9" MIN. ONE EXTRA BAR IN BOTTOM (ALL SIDES) 24" FLAT SLAB COVER REINFORCEMENT AS PER 36" STANDARD DRAWING 02720-6 CITY OF BOZEMAN SCALE: COMBINATION MANHOLE AND NO. 02720-113 STANDARD DRAWING NONE CURB INLET DEC.2003 REV: MAR. 2006 Frame and cover to be either D&L A-1172 ring with A-1178 cover, EJIW 3771/ 3772 series, or approved equal. �7" Covers shall have two 1" pick holes. Adjustable rings, NOTE: All joints between manhole sections, manhole ring & 2" min., 12" max. top section, and around sewer pipe into manhole shall be watertight. Jointing material shall be "Ram—Nek" or equal for all joints.except between sewer pipe and manhole wall. 2'-0� 5" 9' 5" 4'-0" •' Precast reinforced concrete manhole riser and eccentric cone top manufactured in Mahole steps at - accordance with ASTM designation C-478. 16" centers V. Grout Invert to springline of pipe if gap between pipe and channel is greater than 1/8". Pre—cast channel t: flowline Variable T i.. 4'-0" •j4 i:.. �-� (min. o a Shelf—slope 1' per foo , E°a. toward channel. See N o o channel detail. Flexible gasketed joint (typical a for precast bases — see detail) A Channel = die. of pipe TT ,�. A Precast or poured—in—place base. #4 bars — 1'-0" c—c Poured—in—place base, minimum concrete thickness below pipe is 5'-4" dia. 6 inches. Precast base, minimum (min.) thickness is 6 inches. All bases reinforced as shown. Radius of manhole Slope at 1" per foot;-] Channel to full ipe depth •:r. NOTE: Storm drain manholes shall :'.':; •% not have formed channels and the Dia. of .,:+'.; lowest pipe invert shall be 9" higher sewer than bottom of manhole. pipe SECTION A—A CITY OF BOZEMAN SCALE: SANITARY SEWER AND NO. 02720-3 STANDARD DRAWING NONE STORM DRAIN MANHOLE DEC. 2003 Rev. Mar 2006 Standard casting & cover Frame and cover to be either D & L A-1172,ring with A-1178 Cover, hEJ471/ 3772 series, or approved equal. shall have two 1 pick holes. ! Flat slab cover Adjustable rings, 2" min., 12 max. NOTE: All joints between manhole sections, manhole ring & top section, and around sewer pipe into manhole shall be water— . 24" or tight. Jointing material shall be "Ram—Nek" 27" Opening or equal for all joints except between P g sewer pipe and manhole wall. N O A r7 N Manhole steps at N � e a 16" centers . Precast reinforced concrete manhole riser d EL and cover manufactured in-accordance y o • . with ASTM designation C-478. L •�•' G7 N C C O N U o w As required 0 0 > ' D� C c E Cutouts as required y N V O d m 9 a� c � T y r+ Q U �• v fQ A Channel dia. of pipe A Precast or poured—in—place base. Poured—in—place base, minimum Radius of concrete thickness below pipe is manhole 8 inches. Precast base, minimum Slop.at 1'par feat ch—W to NO thickness is 6 inches. Ww dwh. .. •r: NOTE: Storm drain manholes shall Dia. of sewer r pipe :.:•: "'. ': ' :�'.'.��•:.•:��•' •:�.•:•• not have formed channels and the ;:: ••. _.,- ,;.::;� :s: lowest pipe invert shall be 9" higher than bottom of manhole. SECTION A—A CITY OF BOZEMAN SCALE: STANDARD STRAIGHT NO. 02720-4 STANDARD DRAWING NONE MANHOLE DEC. 2003 REV: MAR 2006 O.D. REINFORCING 6' ' C1SCr+) f SIZE O.D. REIN. WT. 48' 64' EACH @8 AY 1675# (122cm) (163cn) (144@20cm) (760kg) S4' 71' E 4@8' 4125# (137cm) (180cn) (#4@20cr)) (1870kg) 60' 78' EAC@8AY 4975# (152cm) (198cr^) (#4220cn) (2260kg) 72• 92' q4@6' 6925# EACH VAY (183c�> C234cn) (#4@15cr1> (3140kg> REMSED: 12/27/95 STANDARD DRAWING MONTANA PUBLIC WORKS SCALE: PRECAST MANHOLE BASES N0. 02720-6 STANDARD SPECIFICATIONS NONE 4B 54", 60', 72" FLAT BLADE STREET NAME REGULATORY SIGN BLANK AS PER SIGN BLANKS MUTCD STANDARDS, SIZE AS MOUNTED BACK TO SEE SECTION SPECIFIED ON PLANS BACK ON POST 09810 2.2 FOR SIGN SIZES 2' MIN. 2� MIN. D' 2" PREFORATED SQUARE TUBE POST (TELSPAR OR APPROVED EQUAL) 7' MIN. ATTACH SIGNS TO POST WITH .3/8" DRIVE RIVETS (MIN. 2 PER SIGN) STREET MARKER SIGN REGULATORY SIGN 2" PREFORATED SQUARE TUBE 0 /POST (14 GAUGE) 0 �/ FASTEN POST TO SLEEVE WITH 9(e" CORNER BOLT 0 (A325) 1 Y2" ABOVE FINISH GRAGE. INSERT BOLT FINISH GRADE 2" o HEAD FROM OPPOSITE SIDE OF EXPECTED IMPACT. INSERT DRIVE RIVET INTO OPPOSITE SIDE. 1K4" 2 Y4X 30" 12 GAUGE NON—PREFORATED SQUARE TUBE SIGN POST SLEEVE (TELSPAR "QUIK PUNCH" OR APPROVED EQUAL) ALL SLEEVES AND SIGN 24" r POSTS SHALL BE INSTALLED ;•;:' INSERT SIGN POST 18" INTO SLEEVE PLUMB. M-4000 CONCRETE ANCHOR SIGN POST FOUNDATION DETAIL CITY OF BOZEMAN SCALE: SIGN INSTALLATION NO. 09810-1 STANDARD DRAWING NONE STANDARDS AUG. 1994 Revised 6/2002 SECTION 01570mpw CONSTRUCTION TRAFFIC CONTROL All applicable portions of this specification section in the MPW Standard Specifications shall apply with the following additions, deletions and/or modifications. PART 1: GENERAL 1.3 NOTIFICATIONS Delete Part A. and replace with the following_ A. Coordinate all construction activities to reduce traffic conflicts at the work site, off site events or other construction projects. Notify the City of Bozeman, Montana State University, NorthWestern Energy, local businesses, residents, Emergency Services,Motor Carrier Services, School District, and Postal Service of the type and duration of construction. Delete Part B. and replace with the following B. Furnish the Engineer, for Owner review,the construction traffic control plan at least 20 calendar days before construction begins, and proposed modifications to the plan at least 1 week before changes in segments or phases of the work begin on the project. The Owner will review and approve the Traffic Control Plan considering known off-site activities and may require modification to the plan or construction timing to coordinate events. Work shall not commence until said plan is approved. Add the following to Part C: C. Furnish the news release to the Bozeman Daily Chronicle, local television,radio stations, and Montana State University. PART 3: EXECUTION 3.1 WORK METHODS Add the followine: F. Maintain a minimum 26 foot width for two-way traffic on West College Street and South 1lth Avenue at all times during roundabout construction, with turning radii around obstacles marked by channelization devices to be adequate to facilitate movement of tractor/trailer combination delivery trucks. Traffic shall be controlled by flaggers unless otherwise approved. During periods of non-work, appropriate traffic control devices shall be in place in lieu of flaggers. Section 01570mpw CONSTRUCTION TRAFFIC CONTROL Page 1 of 2 G. At least one fully functional access shall be maintained for business operation. Contact the business owner at least two working days in advance of any work to be performed on the business access. Maintain pedestrian access to businesses at all times. H. When the present traveled way is disturbed prior to grading operations to install drainage features,replace upper elevations of cuts and trenches with 3 inches minimum of crushed base course. Water and compact as necessary. Finish the surface of the trench patch to be smooth and level with the top surface of the surrounding pavement. Continue to maintain the patch as long as the patch remains. Add and compact replacement material if the patch surface becomes greater than 1 inch in depth from the surrounding paved surface. I. The work shall incorporate adequately signed and channelized routes to convey pedestrians and bicyclists around or through the construction. J. Concrete surfacing and construction phasing must adhere to the Portland Cement Concrete Pavement jointing details as shown in the drawings to construct the proposed roundabout. Perform concrete surfacing on one roundabout quadrant at a time to facilitate traffic movement through the intersection. One quadrant is defined as the angle made from the centerline West College Street to the centerline of South 1 lth Avenue (i.e. northwest, northeast, southwest and southeast quadrants). Unless the Traffic Control Plan and operations clearly allow, do not begin concrete surfacing on other quadrants until the previous quadrant is fully opened to traffic with two-way operations, utilizing temporary widening if necessary. K. Temporarily bend down any rebar posing a hazard to the traffic, that is installed and exposed prior to completing roundabout concrete construction work. L. Where temporary or interim pavement markings are required on finished concrete, use approved tape or other removable markings. Do not use paint. END OF SECTION Section 01570mpw CONSTRUCTION TRAFFIC CONTROL Page 2 of 2 SECTION 02221mpw TRENCH EXCAVATION AND BACKFILL FOR PIPELINES AND APPURTENANT STRUCTURES All applicable portions of this specification section in the MPW Standard Specifications shall apply with the following additions, deletions and/or modifications. PART 1: GENERAL 1.4 TESTING Delete this section in its entirety and add the following_ A. Field Density Testing 1. In-place field density tests for quality assurance are at Contractors expense meeting AASHTO T310 (ASTM D6938),Nuclear Densometer Methods. Quality assurance field density testing frequency is three (3) tests every 50 feet, at minimum,with individual tests taken(within the series of three tests) at each of the following depths: the bottom third, middle third and top third of the backfilled section, or as directed by Engineer. 2. Re-testing failing areas is at the expense of the Contractor. 3. The Contractor shall take all density tests while backfilling efforts are being completed for that lift. The Contractor will not be allowed to go back and"pot hole"previously compacted lifts. B. Laboratory Maximum Density and Optimum Moisture 1. Quality assurance tests will be made by the Contractor for each on-site natural soil or each source of off-site material, including borrow material, to determine the laboratory maximum density values and optimum compaction moisture contents according to AASHTO T99 or ASTM D698. C. Material Submittals 1. Submit to the Engineer all material test results obtained either in the field or in the laboratory. 2. Submit Standard Proctor Curves for determination of optimum moisture content and maximum dry density. Submit certified curve by an independent testing laboratory for each type of material encountered or Section 02221mpw TRENCH EXCAVATION AND BACKFILL Page 1 of 3 materials proposed for use as import within 36 hours after encountering each soil type. 3. Submit gradation and plasticity index for bedding material. PART 2: PRODUCTS 2.2 TRENCH BACKFILL MATERIALS B. Imported Backfill Material Add the following: 2. Acceptable imported material will be non-plastic, free of any clay,rock or gravel larger than 3" in any dimension. All imported material proposed for installation will be reviewed by the Engineer for acceptance. PART 3: EXECUTION 3.4 DEWATERING Add the following: B. Groundwater table shall be lowered to an elevation below trench subgrade or stabilization subgrade as shown on trench detail. Dewatering for stabilization subgrade will not be paid separately,but shall be merged with the appropriate bid item. Contractor shall submit a dewatering plan with calculations to insure dewatering method will meet these specifications. 3.6 TRENCH FILLING AND BACFILLING B. Pipe Bedding Placement 1. Type 1 Bedding Add the following: C. All Type 1 Pipe Bedding(above and below pipe spring line)will be imported bedding from off-site. All pipe bedding shall be compacted to not less than ninety-five percent(95%) of the maximum density as determined by ASTM D 698. C. Trench Backfill Tie B Trench Backfills. Type B Trench Backfills will not be permitted on this project. Type C Trench Backfills. Type C Trench Backfills will not be permitted on this project. F. Detectable Buried Warning Tape Section 02221mpw TRENCH EXCAVATION AND BACKFILL Page 2 of 3 Add the following: 2. Warning tape shall be installed eighteen(18)inches above the pipe and shall be colored as follows: Orange-Telephone Yellow-Gas Blue-Water System Green -Sanitary and Storm Sewers and inlet runs Red-Electrical Tape shall have utility name imprinted on it. 3.8 CLEANUP Add the following: B. Final cleanup shall include street sweeping and washdown of paved areas. 3.9 TIME AND DISTANCE OF OPEN TRENCHES Delete paragraph B. and replace with the following_ B. No trench excavation shall begin until approved compaction equipment is at the site where the excavation is to take place. All backfill and compaction shall be completed in all trenching and structural excavations within a maximum distance of 25 feet behind the end of newly installed pipe and the maximum distance between the newly installed pipe and the excavator shall be 20 feet at days end. Delete paragraph E. and replace with the following: E. For each work group consisting of a trench excavator,a pipe laying crew,and a backfilling and compaction crew,the maximum allowable open ditch at any time will be 250 feet. Refer to the Special Provisions for other requirements, if any. END OF SECTION Section 0222lmpw TRENCH EXCAVATION AND BACKFILL Page 3 of 3 SECTION 02230mpw STREET EXCAVATION,BACKFILL AND COMPACTION All applicable portions of this specification section in the MPW Standard Specifications shall apply with the following additions, deletions and/or modifications. PART 1: GENERAL 1.3 DENSITY CONTROL TESTING A. Field Density Testing Delete this section and add the following: In-place field density tests for quality assurance are at Contractors expense meeting AASHTO T310 (ASTM D6938),Nuclear Densometer Methods. Quality assurance field density testing frequency is, at minimum, every 50 feet per compacted lift, or as directed by Engineer. Retesting of failing areas is at the expense of the Contractor. B. Laboratory Maximum Density and Optimum Moisture Delete this section and add the following: Quality assurance tests will be made by the Contractors independent testing laboratory for each on-site natural soil or each source of off-site material, including borrow material, to determine the laboratory maximum density values and optimum compaction moisture content under AASHTO T99 or ASTM D698. PART 3: EXECUTION 3.4 EXCAVATION Add the following: G. No burning will be allowed on this project site. All stumps within construction limits shall be grubbed under this contract. END OF SECTION Section 02230mpw STREET EXCAVATION,BACKFILL AND COMPACTION Page 1 of 1 SECTION 02235mpw CRUSHED BASE COURSE All applicable portions of this specification section in the MPW Standard Specifications shall apply with the following additions, deletions and/or modifications. PART 1: GENERAL 1.3 DENSITY CONTROL TESTING A. Field Density Testing Delete this section and add the following: 1. In-place field density tests for quality assurance are at Contractors expense meeting AASHTO T310 (ASTM D6938), Nuclear Densometer Methods. Quality assurance field density testing frequency is, as a minimum, required at intervals of 50 feet per compacted lift, or as directed by Engineer. 2. Retesting of failing areas is at the expense of the Contractor. B. Laboratory Maximum Density and Optimum Moisture Delete this section and add the following: 1. Quality assurance tests will be made by the Contractors independent testing laboratory for each on-site natural soil or each source of off-site material, including borrow material, to determine the laboratory maximum density values and optimum compaction moisture content under AASHTO T99 or ASTM D698. PART 2: PRODUCTS 2.2 CRUSHED BASE MATERIAL Delete paragraph C. and replace with the following_ C. Crush material so that the percentage of fractured particles in the finished product is as constant and uniform as practical. Aggregate between 3/4" and No. 4 sieves for 3/4" minus gradations shall have one or more fractured faces on fifty percent (50%) of the aggregate. Add the following: Section 02235mpw CRUSHED BASE COURSE Page 1 of 2 E. Open graded crushed base course shall meet the above quality requirements with the following exception: The aggregate retained on the No. 4 sieve shall have at least 80 percent(80%)by weight with one mechanically fractured face and a minimum of 50 percent (50%)by weight with two mechanically fractured faces. 2.3 GRADATION Add the following: F. The Contractor shall submit test results performed by an independent testing laboratory on all crushed aggregate before material is brought on site. Failure of any or all tests shall be cause for rejection of the materials. Test a minimum of one additional test for each 800 tons thereafter. One fracture test shall be provided by the Contractor for each 800 tons of base course as specified above. Submit test results within 36 hours after tests are completed. END OF SECTION Section 02235mpw CRUSHED BASE COURSE Page 2 of 2 SECTION 02502mpw ASPHALT PRIME AND/OR TACK COAT All applicable portions of this specification section in the MPW Standard Specifications shall apply with the following additions, deletions and/or modifications. PART 2: PRODUCTS 2.1 GENERAL Add the following: C. Tack coat on vertical faces of curbs, valley gutters, and around manholes and existing saw cut asphalt surfaces shall be SS-1. END OF SECTION Section 02502mpw ASPHALT PRIME AND TACK COAT Page 1 of 1 SECTION 02510mpw ASPHALT CONCRETE PAVEMENT All applicable portions of this specification section in the MPW Standard Specifications shall apply with the following additions, deletions and/or modifications. PART 2: PRODUCTS 2.1 GENERAL Delete Part B. of this section and add the following: B. Surface Course Plant Mix Aggregate shall be Type B with PG 64-28 asphalt binder. Add the following: E. The Contractor's independent testing laboratory, at the Contractor's expense, shall prepare all mix designs and perform all testing requirements of this specification. 2.5 COMPOSITION OF MIXES A. General Add the following in Subpart 1: The job-mix formula shall conform to the procedures of the Asphalt Institute's MS-2 manual. The job-mix formula shall be no older than one year. PART 3: EXECUTION 3.28 DENSITY AND SURFACE REQUIREMENTS Delete Part A of this section and add the following: A. The average mat density shall be equal to or greater than 93 percent ("percent compaction") of the job specific target determined by the Marshall "pucks". The Contractor shall provide an independent laboratory to perform, at minimum but not limited to, one (1) field Marshall Test "puck" per 1000 tons of mixture placed to establish a job specific target density for the bituminous mix. For each 1000 tons of mixture placed, the independent laboratory will mark four (4) random locations upon the mat for the removal of a 4" diameter core to be cut for density determination. The Engineer shall submit the sampling plan to the City Engineer Section 02510mpw ASPHALT CONCRETE PAVEMENT Page 1 of 3 upon completion of paving, prior to the taking of cores. The location of the core samples shall be determined on a random basis using a system of random numbers, so that each ton of material has the same probability of being selected. For random locations falling near the pavement joints, obtain the core as close to the location as possible without having any part of the core circumference coming closer than 12 inches to the pavement edge or joint. The Engineer may request additional core samples at locations where he/she has, based on observations of the paving process and/or the results of nuclear density tests, reasonable belief that the in-place material is unsatisfactory. A "percent compaction" value will be determined by comparing the average core density values with the job specific target density previously determined by the Marshall "pucks". The independent laboratory will be required to document the thickness of asphalt material pulled from each core and to further trim each core prior to density testing. Certified laboratory documentation of test results shall be submitted to the Engineer as they become available throughout construction activity. After final compaction, the cores extracted from the finished bituminous surface course shall at no point have a density less than 93 percent ("percent compaction") of the job specific target previously determined by the Marshall "pucks". The Contractor will also be required to produce and submit Daily Plant Reports that clearly identify the average daily plant mix bituminous material content (average "oil content") as measured at the plant. The Contractor will be responsible for producing plant mix (on a daily average) that is within +/- 0.3% of the target oil content as shown within the approved mix design. Plant mix that falls outside of this allowable range will not be accepted by the Owner and will be removed and replaced, at the Owner's discretion, at no additional cost to the Owner. 3.29 PAVEMENT AND MATERIAL TESTING REQUIREMENTS Delete this section and add the following: A. The Contractor's testing agency will provide core samples of the asphalt surface courses to check in place density and compacted depth. The cores are 4-inch diameter. Materials and acceptance tests will be made by the Contractor's testing agency to determine the Contractor's compliance with the specifications. B. The asphalt concrete pavement shall be tested and evaluated for acceptance on a lot basis,with one lot being 1000 tons of material. C. If the average thickness of the pavement cores is more than 1/4"below the plan thickness, or if any one individual core is more than 1/2"below the plan thickness, corrective action or payment of a penalty will be required. 1. Average Thickness Deficiencies. If the average thickness deficiency is between 1/4" and 1/2", corrective action such as placement of additional material (i.e. overlay), as determined by the City Engineer,will be required. In lieu of placing additional material, the City Engineer may allow the Section 02510mpw ASPHALT CONCRETE PAVEMENT Page 2 of 3 payment of a penalty to the Owner in the amount of 0.25 times the unit price bid of the asphalt pavement times the amount of pavement determined to be deficient. If the average thickness deficiency is more than 1/2", an overlay will be required, along with cold milling of the existing pavement to provide for a minimum overlay thickness of 1.5". 2. Individual Core Thickness Deficiency. If any one core thickness is determined to be more than 1/2"below plan thickness, additional cores shall be taken at 10 foot intervals parallel to the centerline in each direction from the affected location until, in each direction, a core is found which is not deficient by more than 1/4", in order to determine the extent of the deficient pavement. If the thickness deficiency is more than 3/4", the area that is deficient shall be removed from pavement edge to pavement edge and replaced to bring the non-complying areas to planned thickness. If the thickness deficiency is not more than 3/4", the deficient area will either be removed and replaced to the planned thickness, or a penalty will be paid to the Owner in the amount of 1.5 times the unit price bid times the amount of pavement that is deficient in thickness. D. The average density of the pavement cores shall equal or exceed 93% of the maximum density as determined by ASTM D2041 (Rice's density). If the average density is less than 93%but more than 90.9%, the pavement that has deficient compaction shall be milled and overlaid (1.5" minimum depth), or a penalty in the amount of 0.10 times the unit price bid for the pavement material times the amount of pavement that has deficient shall be paid to the Owner. If the average density is 90.9% or less, the pavement area affected will be removed and replaced or overlaid as determined by the City Engineer. If any one core is determined to have a density of less than 86%, additional cores shall be taken at 10 foot intervals parallel to the centerline in each direction from the affected location until, in each direction, a core is found which has a density of at least 91%. The area that is determined to have deficient compaction shall be removed from pavement edge to pavement edge and replaced, or a penalty will be paid to the Owner in the amount of 1.5 times the unit price bid times the amount of pavement that is deficient in density. E. Replacement pavement and/or overlays placed to correct deficiencies are subject to the same testing requirements as specified herein. END OF SECTION Section 02510mpw ASPHALT CONCRETE PAVEMENT Page 3 of 3 SECTION 02515mpw PORTLAND CEMENT CONCRETE PAVEMENT All applicable portions of this specification section in the MPW Standard Specification shall apply with the following additions, deletions and/or modifications. PART I: GENERAL 1.1 DESCRIPTION Add the following: B. Submit a plan for placing, curing, and traffic phasing on the Portland Cement Concrete Pavement(PCCP) roundabout truck apron for approval a minimum of 20 calendar days before the scheduled date for start of paving. Include specific detail of joint layout at manholes,water valves, drop inlets,monument boxes, or other structures that have been identified as being in the finished section. PART 2: PRODUCTS 2.1 MATERIALS A. 7. Reinforcing Steel Add the following: Furnish epoxy coated deformed reinforcing steel for tie bars and slab reinforcement in the PCCP truck apron meeting the requirements of ASTM Specification A615, Grade 40 minimum, and ASTM A-934. Furnish epoxy coated, round steel dowel bars free of deformities meeting the requirements of ASTM Specification A615, Grade 40 minimum, and ASTM A-934. The epoxy coated dowel bars must be pre-coated with a bond breaker. Add the following: 8. Integral Color and Stamping Panels. a. Furnish integral colored concrete for PCCP, "Sorrento Red"by L.M. Scofield Company, Douglasville, Georgia, (800) 800-9900, or approved equal. b. Provide Lithotex Pavecrafters "Canyon Stone"Random Interlocking pattern Professional Grade imprinting tools,with a surface texture of Section 02515mpw PORTLAND CEMENT CONCRETE PAVEMENT Page 1 of 5 natural weathered stone by L.M. Scofield Company, or approved equal. c. Substitute Products. The brand name products are standard for quality and performance. Obtain approval from the Engineer for use of products other than those specified. Acceptable manufacturers include the following: 1) Scofield Company,Douglasville, Georgia(800) 800-9900. 2) Symons Corporation, Chicago, Illinois, (800) 800-7601. 3) Bomanite Corporation, Madera, California(559) 673-2411. B. Joint Fillers and Sealers Add the following: 9. Furnish silicone caulking joint sealant for all joints in the PCCP truck apron in a matching color to PCCP integral color. C. Curing and Protective Coating Materials Add the following: 2. Furnish a clear sealer for curing and finishing the PCCP colored truck apron, that meets the integral color manufacturer's recommendations. PART 3: EXECUTION 3.14 JOINTS A. Construct joints as specified in the contract documents. Add the following: 1. Coordinate construction sequencing with the PCCP joint layout details as shown in the drawings. Temporarily bend down any rebar posing a hazard to traffic prior to PCCP surfacing and curbing operations. 2. Provide construction joints as needed for phasing operations. Place construction joints at transverse contraction joint locations only, as shown on the plans. 3. Deformed Tie Bars. Install deformed tie bars at the locations and spacing shown on the drawings. Tie bars may be placed prior to paving with Section 02515mpw PORTLAND CEMENT CONCRETE PAVEMENT Page 2 of 5 supports adequate to maintain depth, location and spacing. Use supports approved by the Engineer. Place tie bars no closer than 15 inches to a transverse joint. 4. Dowel Bars. Dowel all transverse joints as shown on the drawings using epoxy coated round bars at the depth and spacing shown. Completely cover each bar with bond breaker. Place dowels parallel to the longitudinal joint or centerline of the roadway. Place dowel bars no closer than 12 inches to a longitudinal joint. Place dowels within a tolerance of 0.25 inches for skew, spacing and depth. Place dowel bars prior to paving with supports adequate to maintain depth, location and spacing. Use supports approved by the Engineer. Use a dowel bar inserter only with the Engineer's written approval. Assure the dowel spacing, depth and alignment meet requirements prior to commencement of paving operations. 3.12 TESTING Add the following: B. The Contractor shall employ an independent testing laboratory to perform tests and to submit test reports to the Engineer as follows: 1. Compressive Strength Tests: ASTM C 39; One set for each 50 cubic yards or fraction thereof, of each concrete class placed in any one day; 1 specimen tested at 7 days, 2 specimens tested at 28 days, 2 specimens tested for determining when to open PCCP to traffic, and 1 specimen retained in reserve for testing if required. 2. Compression Test Specimen: ASTM C 31; One set of six (6) standard cylinders for each compressive strength test, unless otherwise directed. Cast and store cylinders for laboratory cured test specimens except when field-cure test specimens are required. 3. Air Content: ASTM C 173; volumetric method for normal weight concrete or ASTM C 231 pressure method for normal weight concrete one for each set of compressive strength test specimens. 4. Slump: ASTM C 143; One test for each concrete load at point of discharge; and one test for each set of compressive strength test specimens. 5. Concrete Temperature: Test hourly when air temperature is 40 degrees F (4 degrees C) and below, and when 80 degree F(27 degree C) and above, and each time a set of compressive test specimens is made. Section 02515mpw PORTLAND CEMENT CONCRETE PAVEMENT Page 3 of 5 3.16 FINAL STRIKE-OFF, CONSOLIDATION, AND FINISHING F. Final Finish Add the following: 2. The PCCP truck apron as shown in the drawings shall be finished by stamping with the pattern specified, following the professional standards and practices of the stamp manufacturer, and the American Concrete Institute. 3.19 CURING Add the following to the end of para rg_aph A.: Concrete curing shall be per paragraph 4. White Pigmented Impervious Membrane, except for the PCCP roundabout truck apron, which shall be a clear sealer that meets the integral color manufacturer's recommendations. 3.23 OPENING TO TRAFFIC Add the following: No traffic or any equipment other than joint sawing equipment is permitted on the PCCP until the concrete has developed sufficient strength. Select and follow one or more of the methods to determine opening to traffic strengths. Add the following: B. Concrete Test Cylinder Method. Prepare and test concrete test cylinders for compressive strength according to 3.12—TESTING. Cure test cylinders under the same conditions as the?CCP they represent. The PCCP may be opened to traffic and construction equipment,with Engineer's approval, when the average compressive strength of a set of test cylinders is 2500 psi or greater with no single test less than 2,000 psi. The Contractor shall determine the time for testing cylinders. Furnish suitable equipment and test compressive cylinders on or near the project. 3.26 STRENGTH TESTS A. If an individual strength test(average of two cylinders tested at 28 days) falls below the specified strength by more than 500 psi, the in-place material represented by the failed test shall immediately be randomly cored for acceptance testing. A minimum of three and a maximum of six cores shall be taken. If the average strength tests of the acceptance cores are deficient in strength by more Section 02515mpw PORTLAND CEMENT CONCRETE PAVEMENT Page 4 of 5 than 500 psi but not more than 1000 psi, the Contractor shall remove and replace the deficient concrete or pay the Owner 0.25 times the unit price bid times the area determined to be deficient in strength; if the average strength tests are deficient by more than 1000 psi, the area of the concrete determined to be deficient shall be removed and replaced. END OF SECTION Section 02515mpw PORTLAND CEMENT CONCRETE PAVEMENT Page 5 of 5 SECTION 02528mpw CONCRETE CURB AND GUTTER All applicable portions of this specification section in the MPW Standard Specifications shall apply with the following additions, deletions, and/or modifications. PART 3: EXECUTION 3.5 PLACING CONCRETE Delete the word "Engineer" in the last sentence of Paragraph C. and replace with "Contractor". END OF SECTION Section 02528mpw CONCRETE CURB AND GUTTER Page 1 of 1 SECTION 02840mpw FLEXIBLE SURFACE MOUNT DELINEATOR PART I: GENERAL 1.1 DESCRIPTION A. Furnish and install tubular white and/or yellow delineators with a reflectorized top capable of secure mounting to concrete or bituminous surface found in roadways, traffic islands and medians. B. All applicable specifications shall meet the requirements of the MUTCD. PART 2: PRODUCTS 2.1 MATERIALS A. Assure the delineator is flexible, self-erecting to original position and capable of withstanding numerous impacts from any direction without splitting, breaking or detachment from the base or the surface to which the base is attached. B. Use material that is impact resistant within a temperature range of+130°F to - 30°F. C. Assure the material from which the vertical tube post is fabricated is ultraviolet stabilized thermoplastic, which flexes upon impact and results in little or no damage to impacting vehicles. Use a delineator that is resistant to ozone and hydrocarbons. D. Assure base material is a flexible, high impact composite material of a maximum 9" in diameter, and capable of bonding to the concrete or bituminous surface by use of standard two-part epoxy or pliant polymer adhesive pads according to the manufacturer's specifications. E. Use delineators with a minimum height of 36" and width configuration that allows 3" width of reflective sheeting to be affixed at the top of the post. Place reflective sheeting completely within the top 9" of the delineator. F. Use a post color that matches the color of reflective sheeting affixed therein. 2.2 SUBMITTALS A. Shop Drawings and Specifications Section 02840mpw FLEXIBLE SURFACE MOUNT DELINEATOR Page 1 of 2 1. Submit in accordance to the Supplementary Conditions of the Contract Documents. Provide manufacturer's installation specifications. PART 3: EXECUTION 3.1 FABRICATION AND ERECTION A. Securely fasten together all components to avoid separation due to impact or wind vibration. Assure construction allows for quick and easy removal and replacement of delineator tube posts with only common hand tools. B. Install delineators at the location shown on the plans or as directed by the Engineer. Assure installation is on clean, dry surfaces within the temperature ranges and instructions specified by the manufacturer. END OF SECTION Section 02840mpw FLEXIBLE SURFACE MOUNT DELINEATOR Page 2 of 2 SECTION 02940mpw SODDING PART 1: GENERAL 1.1 GENERAL A. This section covers the work necessary to furnish,haul,and place approved live sod on prepared areas at the locations specified or as directed by the Engineer. 1.2 SUBMITTALS A. The following submittals for construction shall be made in accordance with the project submittal requirements as described in the Supplementary Conditions. 1. Sod supplier name, address and telephone number. 2. Grass mixture contained in sod. 3. Manufacturer's Fertilizer Data Sheets PART 2: MATERIALS 2.1 SOD A. Sod furnished by the Contractor shall have a good cover of living or growing grass. This shall be interpreted to include grass that is seasonally dormant during the cold or dry seasons and capable of renewing growth after the dormant period. All sod shall be obtained from areas where the soil is reasonably fertile and contains a high percentage of loamy topsoil. Sod shall be cut or stripped from living,thickly matted turf relatively free of weeds or other undesirable foreign plants,large stones,roots,or other materials which might be detrimental to the development of the sod or to future maintenance. Sod shall be 100 percent Kentucky Bluegrass. Sod,including the soil containing the roots and the plant growth showing above,shall be cut uniformly to a thickness not less than 2 inches. 2.2 WATER A. The water shall be sufficiently free from oil, acid, alkali, salt, or other harmful materials that would inhibit the growth of grass.It shall be subject to the approval of the Engineer prior to use. Section 02940mpw SODDING Page 1 of 4 PART 3: EXECUTION 3.1 GENERAL A. Sod all cut and fill slope areas created by construction slopes within the construction permits, easements or right-of-ways. Areas requiring special ground surface preparation such as tilling and those areas in a satisfactory condition which are to remain undisturbed shall also be shown on the Drawings. 3.2 PREPARING THE GROUND SURFACE A. After grading of areas has been completed and before applying fertilizer, areas to be sodded shall be raked or otherwise cleared of stones larger than 2 inches in any diameter,sticks,stumps,and other debris which might interfere with sodding,growth of grasses, or subsequent maintenance of grass-covered areas. If any damage by erosion or other causes occurs after grading of areas and before beginning the application of fertilizer and ground limestone, the Contractor shall repair such damage.This may include filling gullies,smoothing irregularities,and repairing other incidental damage. B. All exposed ground-installed sprinkler irrigation components (sprinkler heads and valve boxes) shall be adjusted to the proper elevation, and topsoil shall be neatly raked around the feature in preparation of placing sod. 3.3 APPLYING FERTILIZER A. Following ground surface preparation,fertilizer shall be uniformly spread at the rates specified below. 1. All areas shall be fertilized with an inorganic chemical fertilizer with the following nutrients: Nitrogen(Elemental) 40 lbs/acre Phosphorus (P205) 601bs/acre Potassium(K20) 301bs/acre 3.4 OBTAINING AND DELIVERING SOD A. After inspection and approval of the source of sod by the Engineer, the sod shall be cut with approved sod cutters to such a thickness that after it has been transported and placed on the.prepared bed, but before it has been compacted, it shall have a uniform thickness of not less than 2 inches. Sod sections or strips shall be cut in uniform widths,not less than 10 inches,and in lengths of not less than 18 inches,but Section 02940mpw SODDING Page 2 of 4 of such length as may be readily lifted without breaking, tearing, or loss of soil. Where strips are required, the sod must be rolled without damage with the grass folded inside. B. The sod shall be transplanted within 24 hours from the time it is stripped, unless circumstances beyond the Contractor's control make storing necessary. In such cases, sod shall be stacked,kept moist, and protected from exposure to the air and sun and shall be kept from freezing. Sod shall be cut and moved only when the soil moisture conditions are such that favorable results can be expected. Where the soil is too dry, permission to cut sod may be granted only after it has been watered sufficiently to moisten the soil to the depth the sod is to be cut. 3.5 LAYING SOD A. Sodding shall be performed only during the seasons when satisfactory results can be expected. Frozen sod shall not be used and sod shall not be placed upon frozen soil. Sod may be transplanted during periods of drought with the approval of the Engineer, provided the sod bed is watered to moisten the soil to a depth of at least 4 inches immediately prior to laying the sod. B. The sod shall be moist and shall be placed on a moist earth bed. Pitch forks shall not be used to handle sod, and dumping from vehicles shall not be permitted. The sod shall be carefully placed by hand, edge to edge and with staggered joints, in rows at right angles to the slopes, commencing at the base of the area to be sodded and working upward. The sod shall immediately be pressed firmly into contact with the sod bed by tamping or rolling with approved equipment to provide a true and even surface, and insure knitting without displacement of the sod or deformation of the surfaces of sodded areas. Where the sod may be displaced during sodding operations,the workmen when replacing it shall work from ladders or treaded planks to prevent further displacement. Screened soil of good quality shall be used to fill all cracks between sods. The quantity of the fill soil shall not cause smothering of the grass. Where the grades are such that the flow of water will be from paved surfaces across sodded areas, the surface of the soil in the sod after compaction shall be set approximately 1 inch below the pavement edge. Where the flow will be over the sodded areas and onto the paved surfaces around manholes and inlets,the surface of the soil in the sod after compaction shall be placed flush with pavement edges. C. On slopes steeper than 1 vertical to 2-1/2 horizontal and in v-shaped or flat-bottom ditches or gutters,the sod shall be pegged with wooden pegs not less than 12 inches in length and have a cross-sectional area of not less than 3/4 square inch. The pegs shall be driven flush with the surface of the sod. Section 02940mpw SODDING Page 3 of 4 3.6 WATERING A. Adequate water and watering equipment must be on hand before sodding begins,and sod shall be kept moist until it has become established and its continued growth assured. In all cases, watering shall be done in a manner which will avoid erosion from the application of excessive quantities and will avoid damage to the finished surface. 3.7 ESTABLISHING TURF A. General. The Contractor shall provide general care for the sodded areas as soon as the sod has been laid and shall continue until final inspection and acceptance of the work. B. Protection. All sodded areas shall be protected against traffic or other use by warning signs or barricades approved by the Engineer. 3.8 REPAIRING A. When the surface has become bullied or otherwise damaged during the period covered by this contract,the affected areas shall be repaired to re-establish the grade and the condition of the soil,as directed by the Engineer,and shall then be re-sodded. END OF SECTION Section 02940mpw SODDING Page 4 of 4 SECTION 02950mpw LANDSCAPING PART 1: GENERAL 1.1 DESCRIPTION A. The work of this section consists of all items necessary to install plant stock, compost, edging, landscape rock, weed barrier fabric, and relocate boulders as indicated on the plans. B. The two landscaping locations include the NorthWestern Energy substation wall area and the roundabout central island. Montana State University will furnish and install plant stock and rock cover in the central portion of the central island, as shown on the plans, after completion of this contract. 1.2 SUBMITTALS A. The following submittals for construction shall be made in accordance with the project submittal requirements as described in the Supplementary Conditions. 1. Manufacturer's specifications and material content for items specified under PART 2 - PRODUCTS. 2. Manufacturer's and supplier's recommended installation methods. PART 2: PRODUCTS 2.1 PLANT STOCK A. Furnish nursery-grown planting stock complying with ANSI Z60.1,with healthy root systems,well-shaped,fully branched,stock free of disease,insects,and defects such as knots, sun scald, injuries, and disfigurement. Provide planting stock of sizes and grades for type of plants specified.Provide plant stock with the root ball specified on the drawings. Label all planting stock with a securely attached, waterproof tag bearing legible designation of botanical and common name. Do not remove labels until the end of the warranty period. 2.2 COMPOST A. Provide well-composted, stable,and weed-free organic matter,pH range of 5.5 to 8; moisture content 35 to 55 percent by weight; 90 percent passing through 1 inch sieve; Section 02950mpw LANDSCAPING Page 1 of 5 C/N ratio of 10 to 30:1;60 percent minimum organic matter content(dry weight);not exceeding 0.5 percent inert contaminants and free of substances toxic to plantings. 2.3 ANTIDESICCANT A. Provide water-insoluble emulsion,permeable moisture retarder that is film forming for trees and shrubs. Deliver antidessicant in original, sealed, and fully labeled containers and mix according to manufacturer's written instructions. 2.4 HERBICIDES A. Provide herbicides that comply with all applicable State and Federal Laws and are registered with the Environmental Protection Agency and the State of Montana. 2.5 PLANTING SOIL MIX A. Mix back fill in batches, do not mix in plant pits, with a ratio of compost to native soil by volume: 2/3 native soil to 1/3 organic compost. 2.6 SLOW RELEASE FERTILIZER A. Tightly compressed chip type, long lasting slow-release, commercial grade plant tablet. Provide two 10-gram tablets per shrub. 2.7 LANDSCAPE ROCK A. Provide clean, washed, landscape rock or stone from local sources, ranging in diameter from 0.5 inch to 2 inch, with average diameter of 1.5 inch. 2.8 WEED BARRIER FABRIC A. Provide a woven, needle-punched polypropylene fabric with a minimum weight of 4 ounces per square yard. 2.9 EDGING A. Provide standard profile aluminum edging, fabricated in lengths with interlocking sections with loops stamped from face of sections to receive stakes. Provide edging dimensions 3/16 inch by 6 inches deep. Provide aluminum stakes, 1.5 inches wide by 12 inches long. Section 02950mpw LANDSCAPING Page 2 of 5 PART 3: EXECUTION 3.1 FINISH GRADING A. Grade planting beds to a smooth, uniform surface plane with a loose and uniformly fine texture. Roll and rake,remove ridges, and fill depressions to meet finish grades as shown on plans.Restore planting beds if eroded or otherwise disturbed after finish grading and before planting. 3.2 PITS AND TRENCHES A. Excavate circular pits with sides sloped inward.Trim the base leaving the center area raised slightly to support the root ball and assist in drainage. Do not further disturb the base. Scarify the sides of the plant pit smeared or smoothed during excavation. Excavate at least twice the width of the container and at least the depth of the container. 3.3 PLANT STOCK A. Deliver plant stock that is fresh and potted or balled and burlapped. Do not prune trees and shrubs before delivery. Protect bark,branches, and root systems from sun scald,drying,sweating,whipping,and other handling and tying damage.Do not bend or bind-tie shrubs in a manner as to destroy their natural shape. Provide protective covering of plant stock during delivery. Handle planting stock by the root ball. B. Apply antidesiccant to trees and shrubs using power spray to provide an adequate film over trunks, branches, stems, twigs, and foliage to protect during digging, handling, and transportation. If deciduous shrubs are moved in full leaf, spray with antidesiccant at nursery before moving and again two weeks after planting. C. Deliver plant stock after preparations for planting have been completed and install immediately. Store delivered plant stock in shade,protect from weather and mechanical damage, and keep roots moist until planted. Set balled stock on the ground and cover the ball with soil,peat moss, sawdust, or other acceptable material. Do not remove container-grown stock from containers before time of planting. Water root systems of plant stock stored on-site. Water as often as necessary to maintain root systems in a moist condition. D. Plant during one of the following periods: Spring planting begins April 15 and ends June 1. Fall planting begins September 1 and end October 15. Proceed with planting only if the irrigation system is in operation. If this is absolutely not feasible, provide supplemental water to plant stock on a daily basis until irrigation systems are in operation. Plant trees and shrubs after finish grades are established Section 02950mpw LANDSCAPING Page 3 of 5 and topsoil is placed and before sodding, unless otherwise directed by the Engineer. Do not plant trees and shrubs after sodding. If this is absolutely not feasible, as determined by the Engineer,protect lawn areas and promptly repair damage caused by planting operations. E. Set balled and burlapped and container-grown stock plumb and in center of pit or trench with top of root ball flush with adjacent finish grades. Remove burlap and wire baskets from tops of root balls and partially from sides, but do not remove from under root balls. Remove pallets before setting. Do not use planting stock if root ball is cracked or broken before or during planting operation. Carefully remove root ball from container without damaging root ball or plant. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate voids and air pockets. When pit is approximately one-half backfilled, thoroughly water before placing remainder of backfill. Water again after placing and tamping final layer of planting soil mix. F. Prune and shape trees and shrubs according to standard horticultural practice. Unless otherwise indicated by Engineer, do not cut tree leaders; remove only injured or dead branches from flowering trees. Prune shrubs to retain natural character. 3.4 EDGING AND FABRIC A. Install edging and a double layer of weed barrier fabric at locations shown on the plans. 3.5 MULCHING A. Install landscape rock mulch to a minimum depth of 4 inches at locations shown on the plans. 3.6 ROCK BOULDERS A. Relocate boulders as shown on plans or as directed by the Engineer. 3.7 CLEANUP AND PROTECTION A. During planting keep the adjacent paving and construction area clean and keep the work area in an orderly condition. Protect plant stock from damage due to landscape operations, operations by other contractors and trades, and others. Maintain protection during installation and maintenance periods. Treat,repair, or replace damaged plant stock. Section 02950mpw LANDSCAPING Page 4 of 5 B. Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of them off site. 3.8 WARRANTY AND MAINTENANCE A. Guarantee the health of all plant stock until the end of the warranty period. Replace plant stock that is more than 25 percent dead or in an unhealthy condition. Replacement planting stock shall be planted in the year following initial installation, during the allowable installation dates specified in this document. A limit of one replacement of each plant satisfies the warranty. PART 4: MEASUREMENT AND PAYMENT 4.1 GENERAL A. All labor, equipment and materials required to complete the Landscaping work as specified here and detailed in the plans is included in the lump sum bid price for Landscaping. END OF SECTION Section 02950mpw LANDSCAPING Page 5 of 5 SECTION 16005mpw ELECTRICAL PART 1: GENERAL 1.1 DESCRIPTION A. The electrical work on this project consists of the installation of new roundabout intersection lighting at West College Street and South 1 Vh Avenue. B. Consult with the Engineer and affected utility companies about the work prior to commencement of work. C. These specifications supplement the Standard Specifications for Road and Bridge Construction,2006,published by the Montana Department of Transportation(MDT), applicable to the electrical work. 1.2 SUBMITTALS A. Equipment List and Drawings. Carry out submittals in accordance with Subsection 617.03.2 of the MDT Standard Specifications. B. Provide the proper anchor bolt circle for all standards. Use rosin core solder in all electrical soldered connections. PART 2: MATERIALS 2.1 GENERAL A. Refer to the MDT Standard Specifications. PART 3: EXECUTION 3.1 GENERAL A. Install materials and equipment in a workmanlike manner utilizing craftsmen skilled in the particular trade. Provide work which has a neat and finished appearance. B. Coordinate electrical work with the Owner and work of other trades to avoid Section 16005mpw ELECTRICAL Page 1 of 4 conflicts, errors, and delays. 3.2 PULL BOX—CONCRETE A. When installing pull boxes in sidewalk, install so water runs away from the pull box lip. When installing pull boxes in open ground, encase pull box in a concrete pad extending 12 inches horizontally away from the pull box in all directions and at least 12 inches deep. 3.3 SERVICE ASSEMBLY—30 AMP A. Furnish and install a service assembly as specified in Subsection 703.07 of the MDT Standard Specifications. Include the conduit,photoelectric control, signal cables, service conductors, meter base, cabinet, ground conductor, ground rods, fittings and mounting hardware as part of the work. The service assembly location shown on the plans is considered approximate. Obtain the Engineer's approval prior to implementing any location changes. Coordinate the final service location with the Engineer and NorthWestem Energy: Keith Meagor, 40 E. Broadway, Butte, MT 59701, office 406-497-2214, cell 406-461-1211. 3.4 CONDUIT— STEEL A. Install rigid steel conduit as shown on the plans. Install conduit before new plant mix or P.C.C.P. surfacing is put in place. Make the conduit and metal poles mechanically and electrically secure so that they form a continuous grounded system. When not included as part of a new foundation, furnish, install, and pay for all work and materials (such as grounding straps and bare AWG No. 6 wire) necessary to make a continuous grounded system. 3.5 CONDUIT—PLASTIC A. Install plastic conduit as shown on the plans with rigid steel terminations at pull boxes and foundations. 3.6 MONTANA STATE UNIVERSITY(MSU) FACILITIES CONDUIT A. Install plastic conduit as shown on the plans for future lighting and landscaping use by MSU Facilities. Install the specified plastic conduit, cap the ends of each conduit run, and bury at the location shown on the plans prior to base courses. Install the pull boxes as shown on the plans over the capped and buried conduit Section 16005mpw ELECTRICAL Page 2 of 4 ends. Protect conduit during P.C.C.P. and surfacing and gutter installations. Replace conduit damaged by Contractor at Contractors' expense. 3.7 LUMINAIRE ASSEMBLY—250 WATT S.V. A. Furnish and install each luminaire in accordance with the provisions of Subsection 703.13 of the MDT Standard Specifications. Specify ANSFIES full-cutoff(flat lens), medium, type III distribution. 3.8 HIGHWAY LIGHTING LUMINAIRE STANDARD—TYPE 10-A-500-6 A. Luminaire standards shall be finished with a powder coat, color"Hunter Green". Prepare luminaire surfaces to receive the finish, and apply the powder coat in accordance to the powder coat supplier's specifications. B. Rescind Subsection 703.04.1 and 703.04.6 of the MDT Standard Specifications and replace with the following: 1) 703.04.1 General. Furnish standards fabricated and inspected meeting Section 556 and designed to the 1994 AASHTO "Standard Specifications for Structural Supports for Highway Signs, Luminaries, and Traffic Signals". Use a minimum luminaire dead load of 77 lb, and a minimum luminaire projected area of 3.3 ftz for design purposes. Use a design wind velocity for all standards of 90 miles per hour. Fabricate all standards from steel. Once the standards, posts, or pedestals are erected and the installation complete, grout the gap between the base and foundation using grout meeting Subsection 713.04. Form a 3/4 inch drain hole in the grout at the lowest point. Meet the standard manufacturer's requirements for the anchor bolt placement in the foundation. Repair all damage to pole and standard surfaces by applying one coat of powder coat compound to the damaged area. Install standards or posts as specified in the Contract. 2) 703.04.6 Welding Steel. Meet the American Welding Society Specifications AWS D1.1, its current revisions, and as amended by AASHTO and the contract. Furnish the weld procedures with the shop drawings. a. Welding Inspection. Meet all the applicable AASHTO and AWS welding inspection requirements, including those modified as follows: Section 16005mpw ELECTRICAL Page 3 of 4 r i) AASHTO 1.4.2 Circumferential Weld Splices. Perform radiographic testing or ultrasonic testing as approved by the Engineer meeting AWS D1.1, Structural Welding Code Annex K. ii) AASHTO 1.4.2 Longitudinal Seams. Inspect one hundred percent of all Full Penetration Groove welds using Radiography or testing may be by Ultrasonic test methods AWS D1.1, Structural Welding Code Ultrasonic Annex K, both of the above test methods to be approved by the Engineer before use. Provide ASNT certifications and procedures before testing. iii) Randomly test 25 percent of all Partial Penetration welds and fillet welds per component using Magnetic particle test methods. iv) AASHTO 1.4.2 Base Connection Welds. Randomly inspect 25% of all base connection welds and all fillet welds using Magnetic Particle (MT) specified in AWS D 1.1, Structural Welding Code (Section 6). 3.9 FOUNDATION CONCRETE A. Install foundations with no more than 4 inches protruding above the ground line at any point. Contour backfill away from the foundation at no steeper than a 6:1 slope. END OF SECTION Section 16005mpw ELECTRICAL Page 4 of 4 SECTION VI PREVAILING WAGE RATES MONTANA PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION 2011 Effective: January 27, 2011 Brian Schweitzer, Governor State of Montana Keith Kelly, Commissioner Department of Labor & 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, upon 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 the payment of prevailing wages. For detailed compliance information relating to public works contracts 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 ............................................................................................................................ i B. Definition of Highway Construction ......................................................................................................... i C. Definition of Public Works Contracts ...................................................................................................... i D. Prevailing Wage Schedule ..................................................................................................................... i E. Rates to Use For Projects ......................................................................................................................... i F. Wage Rate Adjustments for Multiyear Contracts ....................................................................................... G. Fringe Benefits .................................................................................................................................. ii H. Apprentices ...................................................................................................................................... I. Posting Notice of Prevailing Wages ....................................................................................................... J. Employment Preference ..................................................................................................................... -5 WageRates ..................................................................................................................................... A.Date of Publication January 27,2011 B.Definition of Highway Construction The Administrative Rules of Montana(ARM)24.17.501(3)—(3)(a),Public Works Contracts For Construction Services Subject to Prevailing Rates,states: "Highway construction projects include, but are not limited to, the construction, alteration, or repair of roads,streets, highways, runways, taxiways, alleys, trails,paths, and parking areas, bridges constructed or repaired in conjunction with highway work, and other similar projects not incidental to building construction or heavy construction. Highway construction projects include, but are not limited to, alleys, base courses, bituminous treatments, bridle paths, concrete pavement, curbs, excavation and embankment(for road construction),fencing(highway,grade crossing elimination (overpasses or underpasses),guard rails on highways, highway signs, highway bridges(overpasses, underpasses,grade separation), medians,parking lots,parkways, resurfacing streets and highways, roadbeds, roadways, runways,shoulders,stabilizing courses, storm sewers incidental to road construction,street paving, surface courses, taxiways, and trails." Federal Davis-Bacon wage rates as published in U.S. Department of Labor General Wage Decision No.MT100002 Modification No.0 have been adopted by the Montana Department of Labor and Industry for use in Highway Construction projects and are included in this publication.These rates apply statewide or as shown in MT100002 Modification No.0. C.Definition of Public Works Contracts Montana Code Annotated,section 18-2401(11)(a),defines "public works contract"as "a contractfor 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$25,000..." D.Prevailing Wage Schedule This publication covers only Highway Construction occupations and rates in the specific localities mentioned herein. These rates will remain in effect until superseded by a more current publication.Current prevailing wage rates schedules for Building Construction,Heavy 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 project are those that are in effect at the time the project and bid specifications are advertised. Page i HIGHWAY CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27, 2011 F.Wage rate adjustments for multiyear contracts Section 18-2-417,Montana Code Annotated states: "(1)Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection(2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3%increase. The adjustment must be made and applied every 12 months for the term of the contract. (3)Any increase in the standard rate of prevailing wages,for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency." G.Fringe Benefits Section 18-2-412 of the Montana Code Annotated states: "(1) To fu011 the obligation...a contractor or subcontractor may: (a)pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b)make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund,plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor,or (c)make payments using any combination of methods set forth in subsections(1)(a)and(1)(b)so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefitfund,plan, orprogram described in subsection (1)(b)mustprovide 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. H.Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally,section 18-2-416(2),Montana Code Annotated states, "...The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract." Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate prevailing wage rate when working on a public works contract. 1.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 to be paid to the employees." J.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. _... -- ------ _.. - — Page H --- - HIGHWAY CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27, 2011 MONTANA STATEWIDE PREVAILING DAVIS-BACON Effective: January 27, 2010 HIGHWAY CONSTRUCTION WAGE RATES General Wage Determinations Issued Under the Davis-Bacon and Related Acts State: Montana Construction Types: Highway Counties: Montana Statewide. Pagel HIGHWAY CONSTRUCTION SERVICES 2011 - -"" EFFECTIVE JANUARY 27, 2011 **ZONE PAY** CEMENTS MASONS, IRON WORKERS, LABORERS, POWER EQUIPMENT OPERATORS, TRUCK DRIVERS The hourly wage rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Courthouse of the following towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HAVRE, HELENA, KALISPELL, LEWISTOWN, MILES CITY, MISSOULA ZONE 1: 0 to 30 miles- Free ZONE 2: 30 to 60 miles-Base Pay+ $2.50 ZONE 3: Over 60 miles-Base Pay+$4.00 CARPENTERS: ZONE 1: 0 to 30 miles- Free ZONE 2: 30 to 50 miles -Base Pay+$3.00 ZONE 3: Over 50 miles-Base Pay+$4.80 --------------------------------------------------------------- Rates Fringes CARPENTER Carpenter, Piledriverman $22.71 $8.85 Millwright $24.78 $8.85 ---------------------------------------------------------------- Rates Fringes CEMENT MASON/CONCRETE FINISHER $21.37 $8.50 ---------------------------------------------------------------- Rates Fringe ELECTRICIAN Area 1 $18.74 $2.93+3.8% Area 2 $20.13 $4.76+3.8% Area 3 $19.98 $3.44+3.8% Area 4 $19.84 $3.51 +3.8% Area 5 $20.54 $3.54+3.8% Area 6 $18.02 $3.44+ 3.8% LINE CONSTRUCTION Rates Fringes Equipment Operator $19.16 $5.05 Groundman $15.40 $5.05 ELECTRICIANS AREA DESCRIPTIONS AREA 1: Beaverhead, Deer Lodge, Granite, Jefferson, Madison, Silver Bow, and Powell Counties AREA 2: Big Horn, Carbon, Carter, Custer, Dawson, Fallon, Garfield, Golden Valley, Musselshell, Powder River, Prairie, Rosebud, Stillwater, Treasure,Wibaux, and Yellowstone Counties HIGHWAY CONSTRUCTION SERVICES 2011 Page 2 EFFECTIVE JANUARY 27, 2011 AREA 3: Blaine, Cascade, Chouteau, Daniels, Fergus, Glacier, Hill, Judith Basin, Liberty, McCone, Petroleum, Pondera, Phillips, Richland, Roosevelt, Sheridan,Teton, Toole, Valley, and Wheatland Counties AREA 4: Broadwater, Lewis and Clark, and Meagher Counties AREA 5: Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders Counties AREA 6: Gallatin, Park, and Sweet Grass Counties ---------------------------------------------------------------- IRONWORKER Flathead, Glacier, Lake, Lincoln, Mineral, Missoula and Sanders Counties Rates Fringes $25.50 $14.36 Remaining Counties Rates Fringes $23.15 $13.71 ---------------------------------------------------------------- Rates Fringes LABORER Group 1 $17.18 $6.75 Group 2 $19.97 $6.75 Group 3 $20.17 $6.75 Group 4 $21.07 $6.75 LABORERS CLASSIFICATION GROUP 1: Flag person GROUP 2: All General Labor Work; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler(dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-Lay Down; Crusher and Batch Plant Worker; Fence Erector; Form Setter; Form Stripper; Heater Tender; Landscaper; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sealants for Concrete and other materials; Sign Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman; Tail Hoseman; Tool Checker and Houseman; Traffic Control Worker. GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzlemen; Jackhammer(Pavement Breaker); Laser Equipment; Non-riding Rollers; Pipelayer; Posthole Digger(power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power;Tampers. GROUP 4: Ashpalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws(Faller&Concrete); Powderman ($1.00 per hour above Group 4 rate); Rock&Core Drill; Track or Truck Mounted Wagon Drill;Welder including Air Arc. Page 3 HIGHWAY CONSTRUCTION SERVICES 2011 -- -- EFFECTIVE JANUARY 27, 2011 Rates Fringes PAINTER $24.00 $8.00 Pavement Marking/Milling and related work. Includes operating marking and all other equipment and all work involved in traffic marking including removal, surface preparation and application of pavement markings including epoxies, paints, tape, buttons, thermo- plastics and any other products applied for traffic marking purposes and for directing and regulating traffic, and cutting Rumble Strips. ---------------------------------------------------------------- Rates Fringes POWER EQUIPMENT OPERATOR Group 1 $21.52 $8.00 Group 2 $23.55 $8.00 Group 3 $24.41 $8.00 Group 4 $25.10 $8.00 Group 5 $26.44 $8.00 Group 6 $27.13 $8.00 Group 7 $29.23 $8.00 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: A-Frame Truck Crane; Air Compressor; Auto Fine Grader; Belt Finishing Machine; Boring Machine (small); Cement Silo, Crane; Crusher Conveyor, DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form-Grader; Front-End Loader under 1 cu yd; Oiler, Heavy Duty Drills; Pumpman; Oiler(All, except Cranes and Shovels). GROUP 2: Air Doctor; Backhoe/Excava tor/S hovel to&incl 3 cu yd Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, large; Broom, Self-Propelled; Concrete Bucket Dispatcher; Concrete Conveyor; Concrete Finish Machine; Concrete Float and Spreader; Concrete Travel Batcher; Distributor; Dozer, Rubber Tired, Push, and Side Boom; Drills, Heavy Duty(all types); Elevating Grader/Gradall; Field Equipment Serviceman; Front-End Loader 1 cu yd to and incl. 5 cu yd; Grade Setter; Hoist/Tugger(All Hydralift&Similar); Industrial Locomotive; Motor Patrol(Except Finish); Mountain Skidder; Oiler, Cranes &Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumperete/Grout Machine; Punch Truck; Rollers(All except Asphalt Finish and Breakdown); Ross Carrier; Rotomill under 6 ft; Trenching Machine; Washing/Screening Plant. GROUP 3: Asphalt Finish Roller; Asphalt Breakdown Roller;Asphalt Paving Machine; Backhoe/Excavator/Shovel larger than 3 cu yd;Asphalt Screed; Concrete Batch Plant; Cableway Highline; Concrete Curing Machine; Cranes,24 tons & under; Cranes, Creter; Cranes, Electric Overhead; Concrete Pump; Curb Machine/Slip Form Paver; Finish Dozer; Mechanic/Welder; Pioneer Dozer; Rotom ill 6 ft and over; Scraper, Single Engine; Scraper Twin or Pulling Belly Dump; Yo Yo Cat Front-End Loader over 5 cu yd. GROUP 4: Asphalt/Hot Plant Operator; Cranes, 25 tons to 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. SPECIAL OPERATORS: GROUP 5: Cranes, 45 tons to and including 74 tons GROUP 6: Cranes, 75 tons to and including 149 tons GROUP 7: Cranes, 150 tons to and including 250 tons; Cranes over 250 tons: add $1.00 for every 100 tons over 250 tons; Crane, Stiff-Leg or Derrick; Crane, Tower(all); Crane,Whirley(all); Helicopter Hoist. Page 4 HIGHWAY CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27,2011 TRUCK DRIVER Rates Fringes Group 1 $18.54 $7.86 Group 2 $23.69 $7.86 GROUP 1: Pilot Car GROUP 2: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor;Water Trucks. ---------------------------------------------------------------- WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental. END OF GENERAL DECISION Page 5 HIGHWAY CONSTRUCTION SERVICES 2011 ----_ EFFECTIVE JANUARY 27, 2011 MONTANA PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION 2011 Effective: January 27, 2011 Brian Schweitzer, Governor State of Montana Keith Kelly, Commissioner Department of Labor & 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, upon 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 the payment of prevailing wages. For detailed compliance information relating to public works contracts 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 ......................................................................................................................... i B. Definition of Heavy Construction .................................................................................. C. Definition of Public Works Contracts ......................... D. Prevailing Wage Schedule .................................................................................................................. i E. Rates to Use for Projects ............................................. ................. i ....................................................... F. Wage Rate Adjustments for Multiyear Contracts .................................................................................. G. Fringe Benefits ............................................................................................................................... H. Apprentices .................................................................................................................................... 1. Posting Notice of Prevailing Wages .................................................................................................... J. Employment Preference ............................................................. ............... ...................................... WageRates .................................................................................................................................. 1-7 A.Date of Publication January 27,2011 B.Definition of Heavy Construction The Administrative Rules of Montana(ARM)24.17.501(4)—(4)(a),Public Works Contracts For Construction Services Subject to Prevailing Rates,states: "Heavy construction projects include, but are not limited to, those projects that are not properly classified as either `building construction', or `highway construction.' Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designed for commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut-offs, chemical complexes or facilities(other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredging projects, electrification projects(outdoor),fish hatcheries,flood control projects, industrial incinerators(other than building), irrigation projects,jetties,kilns, land drainage(not incidental to other construction), land leveling(not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries(other than buildings),pipe lines,ponds,pumping stations (prefabricated drop-in units—not buildings), railroad construction, reservoirs, revetments,sewage collection and disposal lines, sewers(sanitary,storm, etc),shoreline maintenance,ski tows,storage tanks, swimming pools (outdoor), subways (other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts(other than highway), water mains, waterway construction, water supply lines (not incidental to building), water and sewage treatment plants (other than buildings)and wells." Federal Davis-Bacon wage rates as published in U.S.Department of Labor General Wage Decision No.MT100001 Modification No.8 have been adopted by the Montana Department of Labor and Industry for use in Heavy Construction projects and are included in this publication.These rates apply statewide or as shown in MT100001 Modification No. 8. C.Definition of Public Works Contracts Montana Code Annotated,section 18-2-40 1(1 1)(a),defines"public works contract"as "a contractfor construction services let by the state, county, municipality,school district, or political subdivision or for nonconstruction services let by the state, count), municipality, or political subdivision in which the total cost of the contract is in excess of$25,000..." D.Prevailing Wage Schedule This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein.These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building 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 project are those that are in effect at the time the project and bid specifications are advertised. — ----- - -- ------- Page i HEAVY CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27, 2011 F.Wage rate adjustments for multiyear contracts Section 18-2-417,Montana Code Annotated states: "(1)Any public works contract that by the terms of the original contract calls for more than 30 months to filly perform must include a provision to adjust, as provided in subsection(2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3%increase. Tlie adjustment must be made and applied every 12 months for the term of the contract. (3)Arty increase in the standard rate ofprevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency." G.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 of fringe benefits and the basic hourly rate ofpay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b)make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund,plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor;or (c)make payments using any combination of methods set forth in subsections (1)(a)and(1)(b)so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits 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. H.Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally,section 18-2-416(2),Montana Code Annotated states, "...The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract." Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate prevailing wage rate when working on a public works contract. I.Posting Notice of Prevailing Wages Section 18-2-406,Montana Code Annotated,provides that contractors,subcontractors,and employers who are "performing work orproviding construction services underpublic works contracts, asprovided in thispart,shallpost 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 andfringe benefits to be paid to the employees." J.Employment Preference Sections 18-2-403 and 18-2409,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. HEAVY CONSTRUCTION SERVICES 2011 Page ii EFFECTIVE JANUARY 27,2011 MONTANA STATEWIDE PREVAILING DAVIS-BACON Effective: January 27, 2011 HEAVY CONSTRUCTION WAGE RATES General Wage Determinations Issued Under The Davis-Bacon and Related Acts State: Montana Construction Types: Heavy Counties: Montana Statewide. Page 1 HEAVY CONSTRUCTION SERVICES 2011 - EFFECTIVE JANUARY 27, 2011 ZONE DEFINITIONS CARPENTERS, CEMENT MASONS*, LABORERS, AND TRUCK DRIVERS The Zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Courthouse of the following listed towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HAVRE, HELENA, KALISPELL, LEWISTOWN, MILES CITY, MISSOULA Zone 1: 0 to 30 miles - Base Pay Zone 2: 30 to 60 miles- Base Pay+$2.95 Zone 3: Over 60 miles- Base Pay+$4.70 *CEMENT MASONS ZONES: The above cities plus DILLON, GLASGOW, GLENDIVE, SIDNEY ---------------------------------------------------------------- CARP0028-002 05/01/2009 Rates Fringes Carpenters: (Zone 1) Carpenter& Pilebuck $23.25 $8.90 Millwright $27.25 $8.90 ------------------------------------- -------------------------- CARP0028-004 06/01/2006 Rates Fringes Diver Tender $27.27 $7.80 Diver $56.54 $7.80 DEPTH PAY(Surface Diving) 050 to 100 feet $2.00 per foot 101 to 150 feet $3.00 per foot 151 to 220 feet $4.00 per foot 221 ft&deeper $5.00 ---------------------------------------------------------------- ELECO044-001 06/01/2010 Rates Fringes Line Construction (1) Lineman $37.73 4.75% + $10.61 (2) Equipment Operator $25.13 4.75%+$10.95 (3) Experienced Groundman $20.27 4.75% +$10.33 HEAVY CONSTRUCTION SERVICES 2011 Page 2 EFFECTIVE JANUARY 27,2011 ELECO233-001 08101/200 9 BLAINE, BROADWATER, CASCADE, CHOUTEAU, FERGUS, GLACIER, HILL,JUDITH BASIN, LEWIS &CLARK, LIBERTY, MEAGHER, PETROLEUM, PHILLIPS, PONDERA, TETON,TOOLE, VALLEY, AND WHEATLAND COUNTIES Rates Fringes ELECTRICIAN $27.96 4.75% +$9.36 ---------------------------------------------------------------- ELECO233-002 08/01/2009 BEAVERHEAD, DEER LODGE, GRANITE, JEFFERSON, MADISON, POWELL, AND SILVER BOW COUNTIES Rates Fringes ELECTRICIAN $26.10 4.75% +$10.80 ---------------------------------------------------------------- ELEC 0532-001 06101/2010 GALLATIN, PARK, AND SWEET GRASS COUNTIES Rates Fringes ELECTRICIAN $26.61 $10.27 ---------------------------------------------------------------- ELECO532-003 06/01/2010 BIG HORN, CARBON, CARTER, CUSTER, DANIELS, DAWSON, FALLON, GARFIELD, GOLDEN VALLEY, MCCONE, MUSSELSHELL, POWDER RIVER, PRAIRIE, RICHLAND, ROOSEVELT, ROSEBUD, SHERIDAN, STILLWATER, TREASURE, WIBAUX AND YELLOWSTONE COUNTIES Rates Fringes ELECTRICIAN $29.38 1.75% + $8.39 ---------------------------------------------------------------- ELEC0768-001 06/01/2009 FLATHEAD, LAKE, LINCOLN, MINERAL, MISSOULA, RAVALLI, AND SANDERS COUNTIES Rates Fringes ELECTRICIAN $27.02 $10.37 Page 3 -- HEAVY CONSTRUCTION SERVICES 2011 — EFFECTIVE JANUARY 27, 2011 ENG10400-001 05/01/2009 ZONE DEFINITIONS FOR POWER EQUPMENT OPERATORS: The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Courthouse of the following listed towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL, MISSOULA Zone 1: 0 to 30 miles -Base Pay Zone 2: 30 to 60 miles-Base Pay+$3.50 Zone 3: Over 60 miles-Base Pay+$5.50 Rates Fringes Power Equipment Operator (Zone 1) Group 1 $23.47 $9.50 Group 2 $23.94 $9.50 Group 3 $24.34 $9.50 Group 4 $25.00 $9.50 Group 5 $25.50 $9.50 Group 6 $26.60 $9.50 Group 7 $27.10 $9.50 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Air Compressor; Auto Fine Grader; Belt Finishing Machine; Boring Machine, small; Cement Silo; Crane, A- Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader under 1 cu yd; Heavy Duty Drills; Herman Nelson Heater; Mulching Machine; Oiler, all except Cranes &Shovels; Pumpman. GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to and including 3 cu yd; Bit Grinder; Bituminous Paving Travel Plant; Boring Machine, large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float&Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push & Side Boom; Elevating Grader/Gradall; Field Equipment Serviceman; Front-End Loader 1 cu yd to including 5 cu yd; Grade Setter; Heavy Duty Drills, all types; Hoist/Tugger, all; Hydralift& 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 6 ft;Trenching Machine;Washing/Screening Plant. GROUP 3: Asphalt Paving Machine; Asphalt Screed; Backhoe/Excavator/Shovel over 3 cu yd; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine/Slip Form Paver; Finish Dozer; Front-end Loader over 5 cu yd; Mechanic/Welder; Pioneer Dozer; Roller,Asphalt(Breakdown & Finish); Rotomill, over 6 ft; Scraper, single, twin, or pulling Belly Dump;Yo-Yo Cat. GROUP 4: Asphalt/Hot Plant Operator; Cranes, 25 tons to 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. GROUP 5: Cranes, 45 tons to including 74 tons; GROUP 6: Cranes, 75 tons to including 149 tons; Crane,Whirley(all). GROUP 7: Cranes, 150 tons to including 250 tons(add$1.00 for every 100 tons over 250 tons); Crane, Stiff-Leg or Derrick; Helicopter Hoist; Crane, Tower(all). Page 4 — HEAVY CONSTRUCTION SERVICES 2011 --- EFFECTIVE JANUARY 27, 2011 IRON0014-002 07/01/2009 FLATHEAD, GLACIER, LAKE, LINCOLN, MINERAL, MISSOULA,AND SANDERS COUNTIES Rates Fringes IRONWORKER $25.34 $16.58 ---------------------------------------------------------------- IRON0732-009 06/01/2010 REMAINING COUNTIES Rates Fringes IRONWORKER $25.57 $17.21 ---------------------------------------------------------------- LABO 1686-001 05/01/2008 Rates Fringes LABORER(Zone 1) Group 1 $17.14 $6.72 Group 2 $20.10 $6.72 Group 3 $20.24 $6.72 Group 4 $21.00 $6.72 LABORERS CLASSIFICATIONS GROUP 1: Flagperson GROUP 2: All General Labor Work; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler(dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-Lay Down; Crusher and Batch Worker; Fence Erector; Form Setter; Form Stripper; Heater Tender; Landscaper; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sealants for concrete and other materials; Sign Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman; Tail Hoseman; Tool Checker and Houseman; Traffic Control Worker. GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer(Pavement Breaker); Laser Equipment; Non-Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power. GROUP 4: Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller&Concrete); Powderman ($1.00 per hour above Group 4 rate); Rock&Core Drill; Track or Truck mounted Wagon Drill;Welder including Air Arc. Page 5 HEAVY CONSTRUCTION SERVICES 2011 -v--- -- EFFECTIVE JANUARY 27, 2011 PAIN 0260-001 07/01/2002 BLAINE, BROADWATER, CASCADE, CHOUTEAU, DANIELS, FERGUS, GARFIELD, GLACIER, GRANITE(South of a line running East&West through the Southern city limits of PHILLIPSBURG), HILL, JEFFERSON, JUDITH BASIN, LEWIS AND CLARK, LIBERTY, McCONE, MEAGHER, PETROLEUM, PHILLIPS, PONDERA, POWELL(South of a line running East&West through the Southern city limits of HELMSVILLE), RICHLAND, ROOSEVELT, SHERIDAN, TETON, TOOLE, VALLEY, AND WHEATLAND COUNTIES Rates Fringes PAINTER $13.85 1%+ $3.45 ---------------------------------------------------------------- PAIN0260-002 07/01/2002 FLATHEAD, GRANITE(North of a line running East&West through the Southern city limits of PHILLIPSBURG), LAKE, LINCOLN, MINERAL, MISSOULA, POWELL(North of a line running East&West through the Southern city limits of HELMSVILLE), RAVALLI,AND SANDERS COUNTIES Rates Fringes PAINTER $16.85 1% +$3.45 ---------------------------------------------------------------- PAIN 1922-001 06/01/2009 BEAVERHEAD, BIG HORN, CARBON, CARTER, CUSTER, DAWSON, DEER LODGE, FALLON, GALLATIN, GOLDEN VALLEY, JEFFERSON, MADISON, MUSSELSHELL, PARK, POWDER RIVER, PRAIRIE, ROSEBUD, SILVER BOW, STILLWATER, SWEET GRASS, TREASURE,WIBAUX, AND YELLOWSTONE COUNTIES PAINTER (Industrial, includes industrial plants, tanks, pipes, bridges) Rates Fringes $21.00 $0.00 ---------------------------------------------------------------- PLAS0119-001 05/01/2008 STATEWIDE(except DEER LODGE, JEFFERSON, POWELL, and SILVER BOW COUNTIES) Rates Fringes CEMENT MASONS: (Zone 1) Area 1 $18.83 $6.96 Area 2 $20.24 $6.86 AREA 1: STATEWIDE (except DEER LODGE,JEFFERSON, POWELL, and SILVER BOW COUNTIES) AREA 2: DEER LODGE, JEFFERSON, POWELL, AND SILVER BOW COUNTIES -- Wage 6 HEAVY CONSTRUCTION SERVICES 2011 -- EFFECTIVE JANUARY 27, 2011 PLUM0030-003 09/01/2009 BIGHORN, BLAINE, CARBON, CARTER, CASCADE, CHOUTEAU, CUSTER, DANIELS, DAWSON, FALLON, FERGUS, GARFIELD, GOLDEN VALLEY, HILL,JUDITH BASIN, LIBERTY, McCONE, MEAGHER, MUSSELSHELL, PETROLEUM, PHILLIPS, PONDERA, POWDER RIVER, PRAIRIE. RICHLAND, ROOSEVELT, ROSEBUD, SHERIDAN, STILLWATER, TETON,TOOLE, TREASURE, VALLEY, WHEATLAND,WIBAUX AND YELLOWSTONE COUNTIES Rates Fringes PLUMBER Commercial $28.25 $13.40 Industrial—Power Generating Plants $30.60 $13.40 ---------------------------------------------------------------- P LU M 0041-001 07/01/2010 BEAVERHEAD, BROADWATER, DEER LODGE, GALLATIN, GRANITE, JEFFERSON, LEWIS AND CLARK, MADISON, PARK, POWELL, SILVER BOW, AND SWEET GRASS COUNTIES Rates Fringes PLUMBER $28.25 $13.05 ---------------------------------------------------------------- P LU M0459-001 05/01/2010 FLATHEAD, GLACIER, LAKE, LINCOLN, MINERAL, MISSOULA, RAVALLI, AND SANDERS Rates Fringes PLUMBER $27.51 $12.08 ---------------------------------------------------------------- TEAM 0002-001 05/01/2008 Rates Fringes TRUCK DRIVERS: (Zone 1) Group 1 $ 14.14 $5.92 Group 2 $ 18.84 $5.92 TRUCK DRIVERS CLASSIFICATIONS: GROUP 1: Pilot Car GROUP 2: All Combination Trucks and Concrete Mixers; Distributor Driver; All Dry Batch Trucks; Dumpman, Gravel Spreader Box Operator; All Dump Trucks and similar equipment including DW 20, DW 21, or Euclid Tractor; Dumpsters; Flat Trucks; Servicemen; Lowboys, Four-Wheel Trailers; Float Semi-Trailer; Lumber Carriers, Lift Trucks &Fork Lifts; Pick-up Driver hauling material; Powder Truck(Bulk Unloader type); Power Boom; Service Truck Drivers, Fuel Truck Drivers,Tiremen; All Water Tank Drivers; Petroleum Products Drivers; Trucks with Power Equipment such as Winch,A- Frame Truck, Crane, Hydralift, Gout-Crete Truck, and Combination Mulching, Seeding & Fertilizing Truck;Truck Mechanic. ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. END OF GENERAL DECISION Rage HEAVY CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27, 2011 APPENDIX A MISCELLANEOUS FORMS NOTICE OF AWARD Dated: a 0l TO: Knife River-Belgrade ADDRESS: P.O.Box 9,Belgrade,MT 59714 PROJECT: College and 111h Street Roundabout CONTRACT FOR: $652,747.35 You are notified that your Bid opened on March 29,2011,for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: College and 11`'Street Roundabout. The Contract Price of your Contract is: Six Hundred Fifty-Two Thousand Seven Hundred Forty-Seven Dollars and Thirty-Five Cents(S 652.74735E Five(5)copies of each of the proposed Contract Documents(except Drawings)accompany this Notice of Award. Three (3)sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen(15)days of the date of this Notice of Award, that is,by 5 ii 1. You must deliver to the OWNER Five (5) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security(Bonds)as specified in the Instruction to Bidders(Articles 8-10),and the General Conditions(paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions(Article 5)and Supplementary Conditions(Article 1). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award,and to declare your Bid Security forfeited. Within ten(10)days after you comply with these conditions,OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN,MONTANA ATTEST: BY: BY: V �' (CITY MANAGER) (C RK �.' '•• p DATE: _ ' c•�� 53 ,•.c _ AGREEMENT FORM THIS AGREEMENT is dated as of the A day of in the year 2011,by and between CITY OF BOZEMAN, hereinafter called OWNE d KNIFE RIVER -BELGRADE hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Reconstruction of the West College Street and South 11`h Avenue intersection,to modify the current four-way stop controlled intersection into a new roundabout. The work includes street excavation, subexcavation,gravel base course, asphalt pavement, Portland Cement Concrete Pavement truck apron, curb and gutter,median islands, sidewalk, storm drain,utility adjustments and relocations, street lighting, topsoil, sprinkler irrigation relocations and sod. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: COLLEGE AND 11" STREET ROUNDABOUT. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 60 days after the date when the contract time commences to run as provided in the General Conditions. Work shall be complete by no later than August 23, 2011. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above,plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving,in a legal or arbitration proceeding,the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof,OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER two hundred dollars ($200.00),plus engineering expenses as stipulated in the Contract Documents,for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum(subject to adjustment as provided in the Contract Documents) of Six Hundred Fifty-Two Thousand Seven Hundred Forty-Seven Dollars and Thirty-Five Cents ($ 652,747.35). Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions,OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents,Work, locality, and with all local conditions and federal,state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost,progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations,investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price,within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations,investigations,tests,reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement,made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement(if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications,Fifth Edition,dated 2003,with addenda,and City of Bozeman Modifications to Montana Public Works Standard Specifications Fourth Edition, March 2004,including Addenda No. 1, 2,and 3. 7.12 Technical Specifications 7.13 Appendix A. 7.14 Addenda listed on the Bid forms. 7.15 CONTRACTOR'S executed Bid forms. 7.16 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.17 Notice of Award. 7.18 Notice to Proceed. 7.19 Any modification,including Change Orders,duly delivered after execution of Agreement. 7.20 Any Notice of Partial Utilization. 7.21 Notice of Substantial Completion. 7.22 Notices of Final Completion and Acceptance. 7.23 Non-Discrimination Affirmation Form There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered,amended or repealed by a modification(as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns,and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. 40ZNT0L!rB (SEAL&) ,h / (ATTEST - l Titl�a�['� 04P,4Zu*r/�Ary- 40 /T / (JOINT VENTURE) By (SEAL &) (ATTEST) Title City of Bozeman (O E ) B - (CITY MANAGER) ,t APPROVED AS TO FORM: •-? e 'r • r a e ° .��.. ( ITY At"WRNft c Awpdocslfomis\agrcefmi,nvg 04/26/2011 15:36 J1BZ1103A College& 11th Roundabout *** Knife River-Steve Baeth BID TOTALS Biditem Description Ouantitv Units Unit Price Bid Total 1 Mobilization/Bond/Ins/Submittals 1.000 LS 32,500.00 32,500.00 2 Survey/Staking/Testing 1.000 LS 31,150.00 31,150.00 3 Traffic Control 1.000 LS 9,250.00 9,250.00 4 Erosion Control/Permits 1.000 LS 3,000.00 3,000.00 5 Remove Trees 18.000 EA 110.00 1,980.00 6 Remove Structure 1.000 EA 1,200.00 1,200.00 7 Street Exc&Removals 1,145.000 CY 25.00 28,625.00 8 Subexcavation 2,168.000 CY 18.00 39,024.00 9 Crushed Base Course 1-1/2"Minus 578.000 CY 27.00 15,606.00 10 Plant Mix Bit Surf 605.000 TN 75.00 45,375.00 11 Cone Iavement 9"Colored/Patterned 374.000 SY 95.00 35,530.00 12 Special Borrow 2,318.000 CY 30.00 69,540.00 13 Flowable Fill 12.700 CY 100.00 1,270.00 14 Remove Storm Drain 323.000 LF 25.00 8,075.00 15 Remove Manholes 2.000 EA 1,500.00 3,000.00 16 Remove Curb Inlets 3.000 EA 275.00 825.00 17 8"PVC Storm Drain 10.000 LF 26.00 260.0p 18 12" PVC Storm Drain 120.000 LF 30.00 3,600.E 0 19 15"PVC Storm Drain 140.000 LF 34.00 4,76 0 20 18"PVC Storm Drain 38.000 LF 54.00 21052. 0 21 RCP 18"Cl-3 Storm Dram 62.000 LF 55.00 3,410.00 22 Manhole 48" 3.000 EA 3,000.00 9,000.00 23 Manhole 60" 1.000 EA 3,500.00 3,500.00 24 Manhole 60" Special Design 1.000 EA 3,800.00 3,800.00 25 24"Riser Inlet 1.000 EA 800.00 800.00 26 36" Curb Inlet 2.000 EA 1,600.00 3,200.00 27 48"Manhole/Curb Inlet 2.000 EA 2,000.00 4,000.00 28 Manhole Lid&Frame 1.000 EA 600.00 600.00 29 Concrete Sidewalk 4" 1,228.500 SY 38.00 46,683.00 30 Concrete Sidewalk 6" 89.000 SY 45.00 4,005.00 31 Concrete Median Cap 164.300 SY 30.00 4,929.00 32 Detectable Warning Devices 28.800 SY 275.00 7,920.00 33 Concrete Median Curb 512.100 LF 8.00 4,096.80 34 Concrete Curb&Gutter 1,210.700 LF 9.50 11,501.65 35 Sodding/Topsoil 965.000 SY 11.00 10,615.00 36 Landscaping 1.000 LS 8,000.00 8,000.00 37 Rip Rap 8.000 CY 95.00 760.00 38 Retaining Wall 96.000 SF 26.00 2,496.00 39 Bollards 6.000 EA 450.00 2,700.00 40 Remove&Salvage Luminaires 6.000 EA 600.00 3,600.00 41 Electrical 1.000 LS 45,000.00 45,000.00 42 Sign Removal 20.000 EA 80.00 1,600.00 43 Sign Installation 48.000 EA 400.00 19,200.00 44 Flexible Delineators 20.000 EA 68.00 1,360.00 45 Pavement Markings 1.000 LS 49,000.00 49,000.00 46 Remove Water Service 1.000 EA 550.00 550.00 47 Relocate Sprinkler System 4.000 EA 2,000.00 8,000.00 48 Adjust Water Service Line 1.000 EA 2,500.00 2,500.00 49 Adjust Manholes 2.000 EA 250.00 500.00 50 Adjust Water Valve 2.000 EA 110.00 220.00 51 Adjust Curb Box 1.000 EA 75.00 75.00 52 Adjust Gas Valve 1.000 EA 110.00 110.00 53 Monument Box 1.000 EA 350.00 350.00 1 04/26/2011 15:36 JIBZ1103A College& 1Ith Roundabout ***Knife River-Steve Baeth BID TOTALS Biditem Description Ouantitv Units Unit Price Bid Total 54 Geotextile-Stabilization 3,841.000 SY 1.90 7,297,90 55 Waterline Insulation 205.000 SY 95.00 19,475.00 56 MC-70 Prime 2,732.000 SY 4.25 11,611.00 57 Asphalt Seal Coat 2,732.000 SY 5.00 13,660.00 Bid Total =__-=> $652,747.35 r 2 y" ACKNOWLEDGEMENT AND CERTIFICATION OF INSURANCE REQUIREMENTS TO: Litt' of Rn»mart - DATE: 5/3/2011 P.C.Box 1230 PROJECT: College and 11tr Stxeet Bozemaa, I T 59714 -Roundabout PROJECT NO.: The undersigned CONTRACTOR and INSURANCE PROVIDER hereby acknowledge that they have each read and understand the insurance requirements specified in the Standard General Conditions and RPA Supplementary Conditions for this project. The undersigned CONTRACTOR and INSURANCE PROVIDER hereby certify that the CONTRACTOR has obtained insurance that meets, or exceeds, all of the requirements outlined in the Standard General Conditions and RPA Supplementary Conditions. The CONTRACTOR and INSURANCE PROVIDER also acknowledge that they have both read and understand the terms under which the OWNER is receiving the attached Certificates of Insurance,as outlined in Item 5 of the Special Provisions. CONTRAC By: Titie: General P.Zanager NOTES: Date: Insurance outlined in Section III of RPA Supplementary Conditions, I.INSURANCE was provided and reviewed.General liability,automobile liability and workers P Y� Y compensation limits can be provided and coverage is provided to the extent coverage is provided by the policies. INSURANCE PROVIDER: tigrch 119,A Tnc- C.1.a. Zurich can include the interest or engineers and their consultants, however,the policy will not allow waiver of subrogation against them. By: Louise bVallner whether or not they are named on the policy,for loss or damage arising "but of the performance of professional services in their capacity as such and Title: Assistant Vice President caused by any error,omission,deficiency or act of the Architect or Engineer, May 5,2011 or any person employed by them." Date: C.1.g. Cannot commit to policy remaining in effect past expiration. Also,Zurich would need to specifically agree to providing a 45 days notice, which might be tough to get. (they will provide 30 days to those certificate holders that have provided an email address.) This form must be signed and submitted with the Certificates of Insurance,prior to the Owner's execution of the Agreement. Acknowledgement and Certification of Insurance Requirements Pagel Z'd 3-JINN et,voI, lI.80Aen ACKNOWLEDGEMENT AND CERTIFICATION OF INSURANCE REQUIREMENTS TO: DATE: PROJECT: PROJECT NO.: The undersigned CONTRACTOR and INSURANCE PROVIDER hereby acknowledge that they have each read and understand the insurance requirements specified in the Standard General Conditions and RPA Supplementary Conditions for this project. The undersigned CONTRACTOR and INSURANCE PROVIDER hereby certify that the CONTRACTOR has obtained insurance that meets, or exceeds, all of the requirements outlined in the Standard General Conditions and RPA Supplementary Conditions. The CONTRACTOR and INSURANCE PROVIDER also acknowledge that they have both read and understand the terms under which the OWNER is receiving the attached Certificates of Insurance,as outlined in Item 5 of the Special Provisions. CONTRACTOR: By: Title: Date: INSURANCE PROVIDER: By: Title: Date: This form must be signed and submitted with the Certificates of Insurance, prior to the Owner's execution of the Agreement. Acknowledgement and Certification of Insurance Requirements Page 1 Bond No.190024545/105599728 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): Knife River-Belgrade Liberty Mutual Insurance Company P.O.Box 9 460 Plymouth Road,Suite 400 Belgrade,MT 59714 Plymouth Meeting,PA 19462 OWNER(Name and Address): AND City of Bozeman 121 N.Rouse Ave. Travelers Casualty and Surety Company of America Bozeman,MT 59715 One Tower Square-2SHS Hartford,CT 06183 CONTRACT Effective Date of Agreement: Amount: $652,747.35 Description('Yanme and Location): College and 11th Street Roundabout,Bozeman,MT BOND Bond Number: 190024545/105599728 Date (Not earlier than Effective Date of Agreement): AMOUnt: $652,747.35 M-&&fic-atie,as-to�is-B-nd—afnt: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed tl;y,„ap,authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL �pR , .�!�IRETY O ,Liberty Mutual Insurance Company& Knife River-Belgrade _ �ah�I rn:Travelers Casualty and Surety Company of America , (Seal) Contractor's N and Corp to Seal: i&0 1� Safety's Name and rate eel `'0 ^ By: B : Signatu '��,' N A `� Si ture� ttac ow o Attorney) Terry R. Haven Vice-President Nicole Tamble Print Name Print Name Attorney-in-Fact gd6uTitlAttest: Attest: V111ti- / Signature svgG@re Pamela L. Michalies-Asst. Sec- witness 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 103 Bond No.1900245451105599728 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 Knife River-Belgrade Business P.O.Box 9 ) Liberty Mutual Insurance Company Belgrade,MT 59714 450 Plymouth Road,Suite 400 Plymouth Meeting,PA 19462 OWNER(Name and Address): AND City of Bozeman 121 N.Rouse Ave. Travelers Casualty and Surety Company of America Bozeman,MT 69715 One Tower Square-2SHS CO TF-kCT Hartford,CT 06183 Effective Date of Agreement: Amount: $652,747.35 Description(ATame and Location): College and 11th Street Roundabout,Bozeman,MT BOND Band Number: 1900245451105599728 Date (Not earlier than Effective Date of Agreement): Amount: $662,747.35 Modifications to this Bond Form: NONE Surety and Contractor, intending to be legally bp,4pA hereby,subject to the terms set forth below, do each cause this Payment Bond to be duly exec u. YC41 Sorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL C SURFTY iibertyMutual Insurance Company& Knife River-Belgrade = -.(Sea d Travele6 Casualty and Surety Company of America �til Contractors e and Corp r to Seal '•. ``) Sure!j's Name and Co ate Seal -�-- Signature '"'` "`' Sign e(A ch 1?ovz r A orney) Terry R. Haven Vice-President Nicole Tamble Print Name Print Name Attorney-in-Fact 1 e Title Attest: / f Attest: Signature gnature Pamela L. Michalies-Asst. Sec. Witness Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. {h1A'001504;1} EJCDC C-615(A)Payment Bond Al2rch 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 1 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 Business): OWNER(Name and Address): CONTRACT Effective Date of Agreement: Amount: Description(Name and Location): BOND Bond Number: Date(Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor,intending to be legally bound hereby,subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer,agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. IMWO01504;11 EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 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. S. 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 airy change, including changes of time, to the Contract of to r-lated 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 furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein, The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with 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) Surety Agency or Broker: 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 Surety Acknowledgment State of MINNESOTA ) ss. County of Hennepin } On this day of 2011, before me personally came Nicole Tamble, to me known,who being by me duly sworn, did depose and say that she/he is the Attorney-in-Fact of Liberty Mutual Insurance Company & Travelers Casualty and Surety Company of America described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal,that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/she/his name to it by i order, BARBARA L. KELLA i NOTARY PUBLIC-MINNESOTA Notary Public ,, My commbsim Exgkes Jan.31,2016 3063969 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint DENNIS LOOTS, LAURIE PFLUG, JILL SWANSON, BARBARA KELLAR, JERRY OUIMET, NINA E. WERSTEIN, JENNIFER MILLER, BRIAN D. CARPENTER, BARBARA L. RAEDEKE, DENISE WISHCOP, TERESA HAMMERS, NICOLE TAMBLE,ALL OF THE CITY OF MINNEAPOLIS, STATE OF MINNESOTA....................................................... each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/100********************************* *************** DOLLARS($ 50,000,000.00************* ********* )each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such += attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their rn C signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be N y as binding as if signed by the president and attested by the secretary. .9 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: A C Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby C ._� authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and _ O deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W 0— cE IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of CL Liberty MOutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 18th day of August Q o C N O O i LIBEERRTYY MUTUAL INSURANCE COMPANY 60 C s� Garnet W. Elliott,Assistant Secretary N o d; COMMONWEALTH OF PENNSYLVANIA ss t o 0)W COUNTY OF MONTGOMERY �d O O t+� On this 18th day of August �'d O c y g 2010 , before me,a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged = d that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above U cr Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. O ca vA IN TESTIMONY WH P � unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year N o first above written. 4 00NI& �' �y, C COMMONWEALTH OF PENNSYLVANIA Li*� LS 7 NrAaAalSeel B 2,z � - O 3 O Teresa Paso ta,No ary P�N.c r=00 Z Ry—th T""mortgt.t County y r• My Comm.ssion Expires Match 28,20'13 O O NL�A� Mun.wu.FemayhmmxA+soaataicrNM"ris Ter sa Pastella,Notary Public 0CERTIFICATE Ct .0 *= I,the undersigned,Assistant ecretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my game and affixed the corporate seal of the said company,this day of By r David M.Carey,Assi nt Secretary WARNING:THIS POWER OFATTORNEY IS INVALID WITHOUT THE RED BORDER AW POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 223350 Certificate No. 004110594 KNOW ALL MEN BYTHESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint B.L. Kellar,Dennis G.Loots,Jill N.Swanson,Laurie Pflug,Nina E.Werstein,Brian D.Carpenter, Barbara L. Raedeke, Nicole Tamble,and Teresa Hammers of the City of Minneapolis State of Minnesota their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF.the Companies]stave caused this instrument to be signed and their corporate seals to be hereto affixed,this 7th day of March Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company G/.SU,��� TM Jy FIRE 5� \AN �kfG P�,NS q P�lY AgrG ynStW Y u? ,L � J.�n°°°,� `� .� QOggr''��R`•.9� 4J•...........;9,�qi epJ �� �.p AY�� �4SF� 'w0 D O � RAtta r! n �t'OR •I T�;esm+ w>CAFPOR4Tf.nt^ ` 9< Z t 9 t:i ; 1977 �1 a i .�; W wwrFoao, ruatrom, Ts < 'MCO�� i951 � ,.SEAt,io" �SBAL;%3°f <r.......*� e+ �� • ra �AlN� State of Connecticut By: City of Hartford ss. Georg Thompson,U., ice President On this the 71h day of March 2011 before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �,T0 In Witness Whereof,I hereunto set my hand and official seal. TTNi My Commission expires the 30th day of June,2011. j0ll8l�G �¢ Marie C.Tetreault,Notary Public 58440-4-09 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 20 _. Kori M.Johans Assistant Secretary O�6fcA�T ot. F<Nv�J� � tB Y9 �6 .r To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at wwwAravelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER NOTICE TO PROCEED TO: DATE: PROJECT: PROJECT NO.: In accordance with the Agreement dated ,you are hereby notified to commence Work no later than and you are to complete the Work within consecutive calendar days thereafter. The date of completion of all Work is, therefore, and no later than August 23, 2011. OWNER: By: Title: ACCEPTANCE OF NOTICE TO PROCEED Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR: By: Title: Notice to Proceed Page 1 KN 1 FE -RIVER AN M DU RESOURCES COMPANY www.kniferiver.com Mountain Region-Belgrade Division PO Box 9 Belgrade,MT 59714 (406)388.6832 (406)388-8347 FAX Tom Cavanaugh,P.E. May 3, 2011 Assistant Division Manager, Streets &Highways Robert Peccia&Associates Inc. PO Box 5653 825 Custer Avenue Helena,MT 59604 RE: College & 11`h Street Roundabout-Bozeman Below you will find the subcontractors and suppliers we intend to use for the above referenced project. Subcontractor Scope of Work Mountain West Holding Company Traffic Control/Si nin Montana Lines, Inc. Pavement Markings/Electrical Alpine Reflections Sprinkler/Landscape Dow[/HKM Testing Morrison Maierle Survey/Staking Bozeman Arborcare Tree Removal Supplier Material Anderson Precast Precast Structures Cretex West/ Elk River RCP HD Waterworks PVC Storm Drain/Insulation/Misc Water Items Macon Supply Rebar/Dowels/Cure Knife River Asphalt Plant Mix Knife River Concrete/Flowable Fill Knife River 1-1/2 Inch Minus Crushed Base Knife River 3-Inch Minus Sub Base MRC or Western Emulsions CRS-2P MRC or CHS MC-70 Prime If you have any questions please call me at 388-6832. � j ili�E 6 Sincerely, � �� � -- J" ED �c Steven R. Baeth MAY � ? LU I'I Project Manager/Estimator J 0 Knife River—Belgrade 3 5 R9heo PA/' !r Equal Opportunity Employer APPROVAL OF SUBCONTRACTORS PROJECT TITLE: PROJECT NO.: CONTRACTOR: Listed below are all of the subcontractors which we propose to use on this project. Your approval of these subcontractors is requested. We certify that these subcontractors, as listed, have been advised of the labor standards and provisions applicable to this project and that these provisions,as incorporated in the Contract between the Owner and the undersigned Contractor, will be incorporated in the contracts between the Contractor and the listed subcontractors. These provisions shall include all necessary insurance, workers compensation, and other legal requirements that the Contractor must carry. Montana Name Public Approximate and Contractor's Type Value of Address of Subcontractor Registration of Work Subcontract No. TOTAL: Any deviation from this list shall be approved by the Owner prior to the subcontractor conducting the work. Signed by Contractor Date Checked by Engineer Date Approved by Owner Date Approval of Subcontractors Pagel SUBSTITUTION REQUEST FORM TO: PROJECT: We hereby submit for your consideration the following product instead of the specified item for the above project. Section Paragraph Specified Item Proposed Substitution: Attach complete technical data,including laboratory tests,if applicable.Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation.(Fill in blanks below.) A.Does the substitution affect dimensions shown on Drawings? B.Will the undersigned pay for changes to building design, including engineering and detailing costs caused by the requested substitution? C.What affect does substitution have on other trades? D.Differences between proposed substitution and specified item? E.Manufacturer's guarantees of the proposed and specified items are: Same Different (explain on attachment) The undersigned states that the function, appearance,and quality are equivalent or superior to the specified item. Checked by Engineer: Submitted by: ❑ Accepted ❑ Accepted As Noted Signature: ❑ Not Accepted ❑ Received too Late By: Firm: Date: Address: Remarks: Owner Date: Approval: Telephone: Date: Substitution Request Form Pagel SCHEDULE OF VALUES FOR CONTRACT PAYMENT (Applies gEyl to Lump Sum Bid Items) PROJECT TITLE: PROJECT NO.: CONTRACTOR: Bid Cost Item Description Component of Work(Describe) Per No. of Bid Item Component TOTALS 1 hereby certify that the costs of the work items noted above include an appropriate amount of overhead and profit applicable to each work item. The sum of the costs per component shall equal the lump sum unit price of the bid item. Signed by Contractor Date Checked by Engineer Date Approved by Owner Date Schedule of Values for Contract Payment Pagel APPLICATION AND CERTIFICATE FOR PAYMENT Application No. Page 1 of 2 Period from: To: OWNER: CONTRACTOR: PROJECT: CONTRACT DATE: ORIGINAL CONTRACT SUM Change Order No. Change Order No. Change Order No. Net Change by Change Orders CONTRACT SUM TO DATE Amount Amount Less 1%u Earned Retainage Earned Gross Estimate This Held This Less Receipts No. Estimate Estimate Retainage Tax Total Totals: Less Previous Certificates for Payment: Current Payment Due: CONTRACTOR'S CERTIFICATE The undersigned Contractor certifies that the Work covered by this Application for Payment has been completed in accordance with the Contract Documents,that all amounts have been paid by him for Work for which previous Certificates for payment were issued and payments received from the Owner,and that current payment shown herein is due. Dated: Contractor By ENGINEER'S CERTIFICATE FOR PAYMENT This Application(with accompanying documentation)meets the requirements of the Contract Documents and payment of the above "Current Payment Due"is recommended. Dated: Robert Peccia and Associates. Engineer By F:\highways\08510_000_Bozeman College St Roundabout\Construction Docs\Final_Spec Book\MisC_Forms\APPnCRT a Ed 0 m U'O f- c p O O O b9 C �0E"cE N ....EIL~r, W i O C Vl-p N O6 N m N rn = m m c m m — a ¢ Q N (Q _ OC m � r O - O m N 69 «gym 2pcu ~0E U v U o C7 U w C N n 0 N d = 7 d C7� U Cr O is O N N 69 U r cz oa U u ova` U U U c c j UO C C O,D U O C U TN m }Y m >O C� O O� - 'C U m N N U Q W o.m w c � Y m y U Zco O O ¢ U � O Q U F- Z Z - Z U ri. WORK DIRECTIVE CHANGE (Instructions on Reverse Side) No. PROJECT: DATE OF ISSUANCE: CONTRACTOR: OWNER: (Name, Address) PROJECT NO.: CONTRACT FOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: (list documents supporting change) If a claim is made that the above change(s)have affected Contract Price or Contract Time,any claim for a Change Order based thereon will involve one of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: Method of determining change in Contract Time: r-i r-1 Time and Materials U Contractor's Records r1 r1 u Unit Prices Engineer's Records r� F-1 u Cost Plus Fixed Fee u Other ❑ Other Estimated increase (decrease) in Contract Price: Estimated increase(decrease)in Contract Time: days. $ . If the change involves an increase, the If the change involves an increase,the estimated time is not to estimated amount is not to be exceeded without further be exceeded without further authorization. authorization. RECOMMENDED: AUTHORIZED: By: By Engineer Owner ACCEPTED: By: Contractor Work Directive Change Page 1 WORK DIRECTIVE CHANGE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Time.This is not a Change Order,but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Time, a Field Order may be issued. B. COMPLETING THE WORK DIRECTIVE CHANGE Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed work is completed, another Work Directive Change must be issued to change the time or Contractor may stop the changed Work when the estimated time is reached. If the irk Directive Change is not likely to change the Contract Price,the space for estimated increase(decrea:. 'I should be marked "Not Applicable". METHOD OF DETERMINING CHANGE, 1F ANY, IN CONTRACT TIME:Mark the method to be used in determining the change in Contract Time and the estimated increase or decrease in Contract Time.If the change involves and increase in the Contract Time and the estimated time is approached before addi- tional or changed Work is completed,another Work Directive Change must be issued to change the time or Contractor may stop the changed Work when the estimated time is reached. If the Work Directive Change is not likely to change the Contract Time,the space for estimated increase(decrease)should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or time. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Once the Work covered by this directive is completed for final cost and time determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR THE CONTRACT TIME. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. Work Directive Change Page 2 CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: OWNER'S Contract No. ENGINEER ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times: Substantial Completion: Ready for final payment: (days or dates Net Increase (Decrease) from previous Change Net change from previous Change Orders No._to Orders No. to No. Substantial Completion: $ Ready for final payment: (days) Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for final payment: (days or dates Net increase(decrease) of this Change Order: Net increase (decrease)this Change Order: Substantial Completion: $ Ready for final payment: (days) Contract Price with all approved Change Orders: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for final payment: (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items,except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further,that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR(Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER- Signature) Date OWNER(Authorized Signature) Date EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Page 1 of 2 F:\highways\08510_000_Bozeman College St Roundabout\Construction Docs\Final_Spec_Book\Misc_Forms\COB Change Order Form.doc CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement,any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. Page 2 of 2 FAhighways\08510_000_Bozeman College St Roundabout\Construction Docs\Final_Spec_Book\Misc_Forms\COB Change Order Form.doc CERTIFICATE OF SUBSTANTIAL COMPLETION TO: (OWNER) PROJECT TITLE: PROJECT NO.: SUBSTANTIAL COMPLETION DATE: CONTRACT DATE: INSPECTION DATE: LOCATION: ENGINEER: PROJECT OR PART SHALL INCLUDE: PERFORMANCE BOND NO: DATE OF BOND: CONTRACTOR: SURETY: ADDRESS: MONTANA AGENT: ADDRESS: TELEPHONE NO: The Work performed under this Contract has been inspected byauthorized representatives of the Owner,Contractor,and Engineer,and the Project(or specified part of the Project,as indicated above)is hereby declared to be substantially completed on the above dale. DEFINITION OF SUBSTANTIAL COMPLETION The date of substantial completion of a project or specified area of a project is the dale when the construction is sufficiently completed,in accordance with the contract documents,as modified by any change orders agreed to by the parties,so the Owner can occupy or utilize the project or specified area of the project for the use for which it was intended. A tentative list of items to be completed is appended hereto.This list may not be exhaustive,and the failure to include an item on it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. ENGINEER: By Authorized Representative Date The Contractor accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR: By Authorized Representative Date The Owner accepts the Projector specified area of the Project as substantially complete and will assume full possession of the projector specified area at (time),on (dale).The responsibility for heat,utilities,security,and insurance under the Contract Documents shall be as set forth under"Remarks"below. OWNER: BY __.__.._-_.__._.._.__._._..-_..............._.............................._._...._._._._.__._._._._......._._.__.... _.._.._._._..__-._.__._._. Authorized Representative Date Remarks:(Include additional information if necessary) Certificate of Substantial Completion Page 1 CONTRACTOR'S CERTIFICATE OF COMPLETION TO (Owner): DATE: PROJECT TITLE: PROJECT NO.: ATTN: Engineer CONTRACT DATE: FROM: (Firm or Corporation) This is to certify that I, am an authorized official of , working in the capacity of and have been properly authorized by said firm or corporation to sign the following statements pertaining to the subject contract: know of my own personal knowledge, and do hereby certify, that the work of the contract described above has been performed, and materials used and installed in every particular, in accordance with, and in conformity to, the Contract Plans and Specifications. The contract work is now complete in all parts and requirements and ready for your substantial completion inspection. understand that neither the determination of the Engineer that the work is complete nor the acceptance thereof by the Owner shall operate as a bar to claim against the Contractor under the terms of the guarantee provisions of the Contract Documents. CONTRACTOR: By: Title Contractor's Certificate of Completion Pagel CONSENT OF OWNER SURETY COMPANY ENGINEER TO FINAL PAYMENT CONTRACTOR SURETY (From AIA Document G707) OTHER TO (Owner) PROJECT NO.: CONTRACT FOR: CONTRACT DATE: CONTRACTOR: In accordance with the provisions of the contract between the Owner and the Contractors indicated above, the ,SURETY COMPANY, on bond (here insert name and address of Surety Company) of , CONTRACTOR, hereby approves of the final (here insert name and address of Contractor) payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to , OWNER, as set (here insert name and address of Owner) forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of Surety Company Attest: Signature of Authorized Representative (SEAL) Title NOTE: This form is to be used as a companion document to the Affidavit on Behalf of Contractor(current edition). Consent of Surety Company Pagel AFFIDAVIT ON BEHALF OF CONTRACTOR STATE OF ):ss PROJECT NO. COUNTY OF ) DATE: I certify to the best of my knowledge and belief that all work has been performed and materials supplied in strict conformance with the terms and conditions of the corresponding Contract Documents between the Owner, and the Contractor, dated for the Project, No. ,and further declare that all bills for materials, supplies, utilities, and for all other things furnished or caused to be furnished by the above-named Contractor and used in the execution of the above Contract have been fully paid,and there are no unpaid claims or demands of State Agencies, subcontractors, materialmen, mechanics, laborers or any others resulting from or arising out of work done or ordered to be done by said Contractor under the above-identified Contract. In consideration of the prior and final payments made and all payments made for authorized changes, the Contractor releases and forever discharges the Owner from any and all obligations and liabilities arising by virtue of said Contract and authorized changes between the parties hereto,either verbal or in writing,and any and all claims and demands of every kind and character whatsoever against the Owner, arising out of or in anyway relating to said Contract, and authorized changes. This statement is made for the purpose of inducing the Owner to make Final Payment under the terms of the Contract, relying on the truth and statements contained therein. Dated this day of at Montana. CONTRACTOR: Subscribed and sworn to before me this day of Notary Public for the Stale of Montana (SEAL) Residing at My commission expires Affidavit on Behalf of Contractor Pagel CERTIFICATE OF COMPLETION AND ACCEPTANCE OWNER: PROJECT TITLE: DATE OF ACCEPTANCE: PROJECT NO.: PROJECT DESCRIPTION: PROJECT LOCATION: CONTRACTOR: ENGINEER: Substantial Completion Date: Two-year warranty expiration date: The Work performed under the Contract for the above Project has been inspected by a representative of the Owner, Contractor, City of Bozeman, and Engineer and has been found to substantially comply with the approved Contract Documents and is hereby declared complete. Acceptance by the Owner and City of Bozeman and recommendation thereto by the Engineer does not affect the "Contractor's Continuing Obligation" as described in Article 14.15 of the Standard General Conditions of the Construction Contract, or the Owner's contractual obligations. ENGINEER'S RECOMMENDATION On the basis of observation of the Work during construction, final inspection and review of project testing, final application for payment and accompanying documents, the Engineer is satisfied and hereby certifies that the Work has been completed in accordance with the approved Contract Documents. This acceptance shall not relieve the Contractor of his obligations under the Contract Documents. By: Engineer Printed Name: P.E. # Date _ CONTRACTOR'S CONCURRENCE WITH ENGINEER'S RECOMMENDATION By: Contractor Printed Name: Title: Date: OWNER'S ACCEPTANCE AND GRANT OF POSSESSION On the basis of independent observations and inspections and the recommendations of the Engineer, the Owner accepts the Project as complete. This acceptance does not relieve the 3; Contractor of continuing obligations as described above. The Contractor is reminded this Project i is under warranty beginning and that bonds shall remain in effect for two years after the Date of Acceptance specified above. The Owner hereby grants possession of all Y public infrastructure improvements completed by this Project to the City of Bozeman and warrants against defects in these improvements for a period of two years from the Date of 1 Acceptance specified above. By: 3 I Owner Printed Name: i Title: Date: Ii ,E { is CITY OF BOZEMAN'S ACCEPTANCE The City of Bozeman hereby accepts possession of all public infrastructure improvements, i subject to the above indicated warranty. This acceptance does not relieve the Owner or I, Contractor of his continuing obligations.for this work as described above or otherwise required through Improvement Agreements, conditions of plat approval, or his other contractual commitments. j: City of Bozeman B y: I Title: Date: +i 11�1i } �I i1 •`E �j. PI i 2