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HomeMy WebLinkAbout2011 Water Renovations Project Contract Documents.pdf a : ; C6NsTRU TION-S ECIFICATIONS ON I I } CON CT DOCUMENTS .: ----- FOR 011 s - f i • F W �� } g '°yam t • T' 4 AN�y {• Prepared By: r„ -►�, /"` - _ C' v of Bozeman Engineering Division ' Mast Olive Street P.U.Box 1230 Bozeman, MT 59771 - •"� ` k Ph. (406) 582-2280 :- Fax (406)582-2263 B02�' THE CITY OF BOZEMAN 20 E. OLIVE •P.O. BOX 1230 * * BOZEMAN, MONTANA 59771.1230 tl 88 ��� ENGINEERING DEPARTMENT 9?!1y CU 2110� PHONE: (406) 582-2280 • FAX: (406) 582-2263 2011 WATER MAIN RENOVATIONS PROJECT CITY OF BOZEMAN BID OPENING: APRIL 5, 2011, 2:00 P.M. ADDENDUM No. 1 MARCH 22,2009 TO: All PIanholders of Record Please note the following modifications to the above referenced bid documents: Special Provision 34, Add the following: The fire hydrant in the southwest corner of the intersection of S. 8`)'Avenue and Harrison Street shall not be utilized for a temporary water supply unless specifically authorized by Montana State University. Add New Special Provision: 41. CURB RESTORATION If installation of any new water main,hydrant lead, or service line requires removal of integral curb and gutter, the integral curb and gutter shall be replaced. If installation of any new water main, hydrant lead, or service line requires removal of vertical curb, the vertical curb will not need to be replaced,however the pavement patch shall be installed to allow continued drainage along the curb line. Drawings Sheet C 1, Add new general note: 18. Forming of thrust blocks is not required. Blocks shall be constructed to assure the required size, general shape, and connection to undisturbed earth is as shown in the plans and specifications. ACKNOWLEDGEMENT Bidder shall acknowledge receipt and acceptance of this Addendum No. 1 on the Bid Form to validate their bid. Robert Murray, P.E. City Project Engineer HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK BIDDER'S CHECKLIST Please utilize the following Bidder's Checklist before submitting your bid. 1) OriginaI 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 calulations? 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 I I I f. Non-Descrimination 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, contractor registration number, 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. CITY OF BOZEMAN, MONTANA 2011 WATER RENOVATIONS PROJECT DECEMBER, 2010 TABLE OF CONTENTS CONTRACT DOCUMENTS Invitation to Bid Instructions to Bidders Bid Form Bid Bond Agreement Form Payment and Performance Bonds Standard General Conditions of the Construction Contact Supplementary Conditions Montana Prevailing Wage Rates Standard Forms CONSTRUCTION SPECIFICATIONS Special Provisions Measurement and Payment APPENIX A Standard Drawings CITY OF BOZEMAN, MONTANA CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: 2011 Water Renovations Project Separate sealed bids for construction of City of Bozeman 2011 Water Renovations Project will be received by the City Clerk at the office of City Hall, 121 North Rouse Ave., P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 p.m., local time, April 5, 2011 and then publicly opened and read aloud. Please write the name of the proiect on the front of the sealed bid 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. Bids must be received before 2 p.m. Tuesday, April 5, 2011. Original copies must be submitted- no faxed or electronic bids will be accepted. Bids will be opened and read following the close of bids. The work involves replacement of existing mains with the installation of approximately 5,796 LF of 8", 21 LF of 10", and 24 LF of 14" ductile iron water main and appurtenances. The work areas are generally described as: S. 8th Ave., Harrison Street to Main Street; Bozeman Ave., Story Street to Olive Street; E. Koch Street, Bozeman Ave. to Lindley Place; and Lindley Place from E. Koch Street to Olive Street. The Contract Documents may be examined or obtained at the office of the City of Bozeman Engineering Department, 20 East Olive Street, Bozeman, Montana 59771- 1230, 406-582-2280, in accordance with Article 2.01 of Instruction to Bidders. Required deposit is $50.00 per set, which is not refundable. There will be a Pre-Bid Conference at the office of the City of Bozeman Engineering Department at 2:00 p.m. on March 16, 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 Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. CONTRACTOR is not required Section 00100 INVITATION TO BID Page 1 of 2 to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. 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. Successful BIDDERS, shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of bids, which is at 2:00 p.m. local time, April 5, 2011. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the OWNER. The Contractor is required to be an Equal Opportunity Employer. DATED at Bozeman, Montana, this 3`d day of March, 2011. Stacy Ulmen, CIVIC City Clerk, City of Bozeman Published Bozeman, Montana, March 6, 2011 March 13, 2011 March 27, 2011 Section 00100 INVITATION TO BID Page 2 of 2 INSTRUCTIONS TO BIDDERS BIDS All Bids must be made on the forms provided in this bound copy of the Contract Documents. All Bids must be legibly written in ink,with all prices given in figures and total bid amount given in words and figures. No alterations by erasures or interlineations will be permitted in Bids or in the printed forms. Each Bid shall be enclosed in a sealed envelope addressed to the Clerk of the Commission,City Hall, 121 North Rouse Ave.,P.O.Box 1230,Bozeman,Montana 59771-1230, and endorsed on the outside of the envelope with the words: 2011 WATER RENOVATIONS PROJECT, CITY OF BOZEMAN. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee,in the amount stipulated in the Invitation To Bid,made unconditionally payable to the Owner,which may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A Bidder's Bond issued by a surety company authorized to do business in the State of Montana will also be acceptable. SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name and with his business address or place of residence. In case of a firm or partnership, the name and residence of each member must be inserted. In case the Bid is submitted by,or on behalf of,a corporation,it must be signed in the name of such corporation by an official who is authorized to bind the corporation,and who shall also affix the corporate seal of such corporation. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that person's authority. ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another, or of others,may be required to submit satisfactory evidence of this authority to do so. The title of the person(s)executing the Bid or Agreement shall be clearly indicated beneath his signature. QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon, and that they have the necessary financial resources to complete the proposed work. In determining the lowest responsible bid, the following elements will be considered: whether the Bidder involved(a)maintains a permanent place of business;(b)has adequate plant and equipment to do the work properly and expeditiously; (c) has a suitable financial status to meet obligations incident to 1 INSTRUCTIONS TO BIDDERS the work; and (d) has appropriate technical experience. Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification,51n Edition (MPWSS), published March 2003, shall be used to govern the contractual and performance aspects of this project, and is hereby incorporated as part of these CONTRACT DOCUMENTS, as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications (COB MODS),dated March 2004,including Addenda No.1,2,and 3 which is also hereby incorporated as part of these contract documents,and as further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman,in order to assist the Contractor in preparation of his Bids. The complete CONTRACT DOCUMENTS which comprise this entire document, and are made a part hereof, consist of the following: Invitation to Bid............................ Bound Herein Instructions to Bidders.................. Bound Herein Bid Form...................................... Bound Herein Bid Bond...................................... Bound Herein Agreement Form...........................Bound Herein Payment Bond..............................MPWSSBound Herein Performance Bond........................MPWSSBound Herein Standard General Conditions........MPWSS/Bound Herein Supplementary Conditions............MPWSS/Bound Herein Miscellaneous Forms Notice of Award..................Bound Herein Notice To Proceed............. MPWSS/Bound Herein Field Order...................MPWSSBound Herein Change Order.....................MPWSS/Bound Herein Work Directive Change.......MPWSS/Bound Herein Application For Payment (Guidance Only)............... Bound Herein Certificate of Substantial Completion........................MPWSS Order to Contractor to 2 INSTRUCTIONS TO BIDDERS Suspend Work...............Bound Herein Order to Contractor to Suspend Work...............Bound Herein Order to Contractor to Resume Work...............Bound Herein Contractors Certificate And Release...............MPWSS Lien Waiver for Prime Contractor................MP W S S Lien Waiver for Subcontractor/Supplier...MP W S S Wage Rates...................................Bound Herein Special Provisions..........................Bound Herein Technical Specification...................MPWSS & COB MODS Appendix A--Standard Drawings......... MPWSS/Bound Herein Appendix B--Maps and Plan Sheets...... Bound Herein EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid, each Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws,ordinances,rules and regulations that may in any manner affect cost,progress or performance of the Work; and(d)study and carefully correlate Bidder's observations with the Contract Documents. Any Bidder may,upon request,examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications. These reports are not guaranteed as to accuracy or completeness,nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request,Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Any administrative requirements and associated costs of such investigations are the responsibility of the Bidder. The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the specifications or on the drawings. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this section and that the Contract Documents are sufficient in scope 3 INSTRUCTIONS TO BIDDERS and detail to indicate and convey understanding of all terms and conditions for performance of the work. Where logs of test borings are included in the contract plans,it is agreed that such logs do not constitute a part of the contract and are included only for the convenience of the bidder or Contractor and do not relieve him of his duties under this section or of any other responsibility under the contract. No information derived from any inspection of records of investigation or compilation thereof made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations under the contract. UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written inquiry of the related utility agency to determine the location of underground utilities in the project area. INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents. TIME OF COMPLETION The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. The number of days within which,or the dates by which,the Work is to be Substantially Completed are set forth in the Bid Form and the Agreement Form. LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement Form. ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal,shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. Proposals shall be in a sealed envelope and addressed to: City Clerk City Hall 121 North Rouse Ave. 4 INSTRUCTIONS TO BIDDERS P.O. Box 1230 Bozeman, MT 59771-1230 The envelope shall also contain the following information: Name of Project: 2011 WATER REOVATIONS PROJECT City of Bozeman Name of Contractor: Montana Certificate of Contractor Registration No. Acknowledge Receipt of Addendum No.: , In the lower left hand comer of the envelope print or type: BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M. April 5, 2011. Proposals shall be made in accordance with the following instructions: A. Submit one copy of the complete bound document in an opaque sealed envelope. DO NOT REMOVE THE PROPOSAL OR ANY OTHER PAGES FROM THE BOUND CONTRACT DOCUMENT. B. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with these documents. C. All blank spaces must be properly filled. D. The total bid price must be stated in both writing and in figures. In case of a discrepancy between unit price and total bid price,the unit prices or lump sum prices shall be used in computing the total bid price. E. The proposal form shall contain no additions,conditions,stipulations,erasures,or other irregularities. F. The proposal must acknowledge receipt of all addenda issued. G. The proposal must be signed in ink and display the bidder's name, address, and current Montana Contractor's License Number. H. The proposal must include a completed and signed Non-discrimination affirmation form. 5 INSTRUCTIONS TO BIDDERS SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-in- fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the work: By: Corporate Seal Title: If bids are signed for any other legal entity, the authority of the person signing for such legal entity should be attached to the bid. TELEGRAPHIC MODIFICATION Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids. The telegraphic communication shall not reveal the bid price, but shall only provide the addition or subtraction from the original proposal. Telegraphic proposal modifications must be verified by letter. This written confirmation shall be received no later than three working days following the bid opening or no consideration will be given to the telegraphic modification. BID REQUIREMENTS The bidder is expected to base his bid on materials and equipment complying fully with the plans and specifications and, in the event he names in his bid materials or equipment which do not conform, he will be responsible for furnishing materials and equipment which fully conform at no charge in his bid price. Before submitting a proposal,each Contractor should read the complete Contract Documents(including all addenda), specifications and plans, including all related documents containing herein, all of which contain provisions applicable not only to the successful bidder, but also to his subcontractors. BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations of the 6 INSTRUCTIONS TO BIDDERS proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that,during progress of the work, the Owner may find it advisable to omit portions of the work, to increase or decrease the quantities as may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under this contract shall be the actual amount of work done and the materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. WITHDRAWAL OF BID No Bidder may withdraw his Bid after the date and hour set for the opening declared herein. A Bidder may withdraw his proposal by a written request of the Bidder at any time prior to the expiration of the period during which Bid may be submitted,which request must be signed in the same manner and by the same person or persons who signed the Bid. ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to acceptor reject the Bids,or portions of Bids if denoted in the Bid as separate schedules,and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted,or reject nonconforming, non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS Within seven days after Bids are opened,the apparent low Bidder,and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor,if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor,they may, before giving the Notice of Award,request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the contract price. If the apparent low Bidder declines to make any such substitution,the contract may not be awarded to such Bidder,but Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any subcontractor so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer. Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will 7 INSTRUCTIONS TO BIDDERS be required in the performance of the work. AWARD OF CONTRACT OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming,nonresponsive,unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder,whether because bid is not responsive, or the Bidder is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the OWNER.The OWNER also reserves the right to waive all informalities not involving price,time,or changes in the Work and to negotiate contract terms with the Successful Bidder. In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternatives,unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors,Suppliers,and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, or other individuals or entities must be submitted as provided in the Supplementary Conditions. OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents, Bid price, and other appropriate factors. If the Contract is to be awarded,OWNER will give the Successful Bidder a Notice of Award within sixty (60) days after the day of the bid opening. The OWNER reserves the right to cancel the award of any contract at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. If,at any time this Contract is to be awarded,the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such other action as best serves the Owner's interests. CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. RETURN OF BID GUARANTEE All Bid guarantees,except those of the three lowest Bidders,will be 8 INSTRUCTIONS TO BIDDERS returned immediately following the opening and checking of the Bids. The Bid guarantees of the unsuccessful of the three lowest Bidders will be returned within ten(10)days following the award of the contract. The Bid guarantee of the Bidder to whom the contract is awarded will be returned when said Bidder has executed an Agreement and filed satisfactory Performance and Payment Bonds as hereinafter stipulated. PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded will be required to furnish a Performance Bond and a Payment Bond in favor of the Owner each in an amount equal to one-hundred percent(100%) of the Agreement amount. The Bonds shall be executed on the forms bound herein, signed by a surety company authorized to do business in the State of Montana, and acceptable as a surety to the Owner and countersigned by a Montana Resident Agent. With the Bonds,there shall be filed with the Owner one copy of Power of Attorney certified to include the date of the Bond. EXECUTION AND APPROVAL OF AGREEMENT The Agreement shall be signed by the successful Bidder and returned, together with the contract Bonds, within the time shown on the Bid. If the Agreement is not executed by the Owner within fifteen (15) days following receipt from the Bidder of the signed Agreements and Bonds,the Bidder shall have the right to withdraw his Bid without penalty. No Agreement shall be considered as effective until it has been fully executed by all of the parties thereto. FAILURE TO EXECUTE AGREEMENT Failure to execute the Agreement and furnish a Performance Bond and Payment Bond shall be just cause for annulment of the award. In the event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not as a penalty but as liquidation of damages sustained. Award may then be made to the next lowest responsible and qualified Bidder,or the work may be re-advertised as the Owner may decide. BOUND COPY OF CONTRACT DOCUMENTS None of the Instructions to Bidders,Bid Form,Bond forms,Agreement,contract stipulations,or other specifications shall be removed from the bound copy of Contract Documents prior to submission of Bid. PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. Notice of Extended Payment Provision: This contract allows the owner to make payment within 21 days after approval of the payments. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty(30)days,progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. 9 INSTRUCTIONS TO BIDDERS PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18- 2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. POSTING Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wages to be paid to the employees. LOCAL LABOR Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. MONTANA CONTRACTOR REGISTRATION REQUIREMENTS Contractor and any of the contractor's subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry(DLI). Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694) ADDITIONAL CONTRACTOR LICENSE FEE(MONTANA CONTRACTORS GROSS RECEIPTS TAX In accordance with Title 15, Chapter 50, MCA, the Owner shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. BIDDER PREFERENCE In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference of three percent(3%)will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder. This preference applied unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further,wherever possible, products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price,quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. 10 INSTRUCTIONS TO BIDDERS BID FORM 2011 WATER RENOVATIONS PROJECT CITY OF BOZEMAN BOZEMAN, MONTANA 59771 TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER,having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations,municipal ordinances and other factors which may affect the performance of the Work,and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of the 2011 WATER RENOVATIONS PROJECT, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of,the work;tools, equipment, supplies,transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15)calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. The allowed contract time is 90 calendar days. Where multiple schedules are awarded under a single Contract,the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in Article 2.2 of the Agreement Form. The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above,after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract. 1 BID FORM The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. 2 BID FORM BIDDER agrees to r.:rform all the work described in the CONTRACT DOCUMENTS for the following uni prices or lump sums: BID SCHEDULE K escri tion Estimated Total Estimated axes, Bonds, Insurance Unit Unit Price QuantityPrice L.S. -obilization 3a��c� + L.S. a,-00c, 1 103 Connection to existing main Each 104 4" MJ ate valve 12 Each 105 6" MJ gate valve Each / u- 2 _ 106 8" MJ ate valve Each E ��� 107 10" MJ ate valve Each 22 108 14" MJ ate valve u` 2 Each 109 8"x4"MJ increaser ��'`�? r 2 t Each 3`» 110 8"x6"MJ increaser Each3 0` 111 8" 3 Each `©o _ i ._ 112 6"x6"x8" MJ tee Each 0© - 1 ` 113 81) MJ tee = 00 Each 114 8" 8" MJ tee Each ' U� - 2 i � _ 1/00 - 11 S 12"x8" MJ tee Each ` 116 8"x8" cross �,5a 1 96-c - Each �•�`� - 1 117 14"x8" cross 118 12"x8"cross Each °o """ 1 tin a. i3 v 1 . 119 10" Each 1.3 x8" cross Each 120 11.25 deg. 8" MJ bend t 0 1 I/5 - Each 12 121 22.5 deg. 8" MJ bend Each 2 1 122 45 deg. 8" MJ bend 0U Each o c* -123 90 deg. 8" MJ bend 2 Each oo - 1 . �124 45 deg. 6" MJ bend Each 125 45 deg. 4" MJ bend 3�5` 2 75 7 c�� ^ Each 3�^0 2 G 0o 126 8" ductile iron pipe L.F. 127 10" ductile iron pipe L 5 .F. ie0 1 � 21 ion - 128 14" ductile iron pipe L.F. c; 129 Service reconnection Win trench Each 24 46 u`�C limits 2" diameter and smaller 93 _ 7 130 Service reconnection w/in trench Each �> >5 L 1 Iimits 4" diameter and larger i S o L) _ 131 Service reconnection outside trench L.F. limits 2" diameter and smaller 1815 132 Fire Hydrant 6.0" bury 133 Fire Hydrant 7.5' buryEach ��o�► Each cl,i�� - 8 134 Fire Hydrant 8.0' buryEach 135 Insulation �0�r 1 136 Traffic control L.F. 0 - 1070 `L.S. 3ooc o - 1 300 - Oct0 -. 3 BID FORM 137 Tem •ary waters stem E'x 138 As halt Surface Restoration L S. 4 139 T e l i e beddin L.F. — i^fSSoiv " C.Y. 6183 /3�o,2 - 140 Curb BoxNalve Box Removal ��� y 20 141 Each ��cw ' Locate& Repair Sewer Service -2 12 142 Quali Assurance Testin Each G, 600 20 h� 143 Miscellaneous Work L.S. �y�`'`' 1 Each $1.00 I 0 000 �Y o��i3 _ TOTAL BASE BID $10,0( i, "e (TOTAL BASE BID - W KITTEN WORDS) The undersigned Bidder acknowledged receipt of the followin v preparation of this Bid: g Addenda,which have been considered No. Dated 3• No. Dated No. Dated No. Dated Submitted this day of A01-t 2011. SIGNATURE OF BIDDER: s Montana Contractor Registration Number If an individual: doing business as If a Partnership: by partner 7 4 t' B ID FORM If a Corporation: Qw►C '-1 l Ex Ca UCLfJWO (a) e o 12 i ae 6 by Title (Seal & Business Address of Bidder: 5 c Attest) If Bidder is a joint venture, other party must sign below: Montana License Number and Class If an Individual: doing business as If a Partnership: by Partner If a Corporation: (a) Corporation by Title (Seal & Attest) 5 BID FORM M i NON-DISCRIMINATION AFFIRMATION FORM �xck�J), r10'. 3 tname of entity submitting)hereby affirms it will not d' on the basis of race,color, religion, creed sex age, discriminate of actual or perceived sexual orientation, gender identit or disabih't Zonal origin, or because work performed for the city of Bozeman, if a contract is awarded Y the performance of eventual contract, if awarded, will contain a provision prohibiting discrimination also recognizes the above and that this prohibition shall applyto t nation as described 1, tl��ltl !r he hiring and treatment of the � - [name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the cit y of Bozeman. Signature of Bidder: r *Peron authorized to sign on behalf of the bidder i { i d I PENAL SUM FORM BID BOND Any singular reference to Bidder,Surety,Owner,or other party shall be considered plural where applicable. i BIDDER(Name and Address): Omdahl Excavation & Utilities, Inc. 659 Morning Mist Road Manhattan, MT 59741-6556 SURETY(Name and Address of Principal Place of Business): First National Insurance Company of America 1001 Fourth Ave. , Safeco Plaza Seattle, WA 98154 OWNER:(Name and Address): City ot Bozeman, Montana Suite 102, City Hall, 121 No. Rouse, P. O. Box 1230 Bozeman, MT 59771-1230 BID Bid Due Date: April 5, 2011 Project(Brief Description Including Location): 2011 Water Renovations Project, City of Bozeman Bozeman, Montana BOND Bond Number: 031007 March 31, 2011 Date(Not later than Bid due date): Penal sum Ten Percent of Total Amount Bid $10% of Total Bid (Words) (Figures) Surety and Bidder,intending to be legally bound hereby,subject to the terms printed on the reverse side hereof,do each cause this Bid Bond to be duly executed on its behalf by its authorized officer,agent,or representative. BIDDER SURETY i Omdahl Excavation & (Seal) First National Insurance (Seal) Utilities, Inc. Company of America Bidder's Name and Corporate Seal Surety's Name and Corporate Seal Siona re and Tide Signature and Title Bryan D. Hall (Attach Po er of Attomey)At t orney-in-Fact Attest: igna nd 14 Signature and Title Donna K. Tucek Surety Account Manager Note: Above addresses are to be used for giving required notice. EJCDC NO.C-430(2002 Edition) 8-3630/GEEF 5/03 FRP i PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind 7. Any suit or action under this Bond shall be themselves, their heirs, executors, administrators, commenced only in a court of competent jurisdiction successors and assigns to pay to Owner upon default located in the state in which the Project is located. Bidder the penal sum set forth on the face of this Payment of the penal sum is the extent of Surety's 8. Notices required hereunder shall be in writing and liability. sent to Bidder and Surety at their respective addresses 2. Default of Bidder shall occur upon the failure of shown on the face of this Bond. Such notices may be Bidder to deliver within the time required by the sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return Bidding Documents (or any extension thereof agreed 1 receipt requested, postage pre-paid, and shall be in writing by Owner)the executed Agreement required deemed to be effective upon receipt by the party by the Bidding Documents and any performance and concerned. payment bonds required by the Bidding Documents. 9. Surety shall cause to be attached to this Bond a 3. This obligation shall be null and void if: current and effective Power of Attorney evidencing the 3.1. Owner accepts Bidder's Bid and Bidder authority of the officer, agent or representative who delivers within the time required by the Bidding executed this Bond on behalf of Surety to execute,seal Documents (or any extension thereof agreed in and deliver such Bond and bind the Surety thereby. writing by Owner) the executed Agreement required by the Bidding Documents and any 10. This Bond is intended to conform to all applicable performance and payment Bonds required by the statutory requirements. Any applicable requirement of Bidding Documents,or any applicable statute that has been omitted from this 3.2. All Bids are rejected by Owner or Bond shall be deemed to be included herein as if set 3.3. Owner fails to issue a Notice of Award to forth at length. If any provision'of this Bond conflicts Bidder within the time specified in the Bidding with any applicable statute, then the provision of said Documents (or any extension thereof agreed to in statue shall govern and the remainder of this Bond that writing by Bidder and, if applicable, consented to is not in conflict therewith shall continue in full force by Surety when required by paragraph 5 hereof). and effect. 4. Payment under this Bond will be due and payable 11. The term"Bid"as used herein includes a Bid,offer upon default by Bidder and within 30 calendar days or proposal as applicable. after receipt by Bidder and Surety of written notice of default from Owner,which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. { 6. No suit or action shall be commenced under this ` Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. i EJCDC NO.C-430(2002 Edition) S-3630/GEEF 5/03 POWER First National Insurance Company of America 1001 4th Avenue { ; OF ATTORNEY Suite 1700 Seattle,WA 98154 KNOW ALL BY THESE PRESENTS: No. 10121 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint ***JULIE A.BENNETT,MARK COLLINS;TYLER P.DELANEY;RICHARD B.DEMING,DEBORAH L.DUNEMAN; BRYAN D.HALL;WILLIAM R.PRICE;DONNA K.TUCEK;Bozeman, N* +*" its true and lawful attomey(s)-in-fad, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 21St day of March 2009 Dexter R.Legg,Secretary Timothy A.Mikolajewski,Vice President CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.- FIDELITY AND SURETY BONDS -_. the President, any Vice President,the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-In-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by far-simile.On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, Dexter R.Legg ,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 31st day of March 2011 rou��D�.s. VIA. Dexter R.Legg,Secretary S-10491DF 3109 WEB PDF NOTICE OF AWARD Dated: ClJ b1 TO: Omdahl Excavation&Utilities,Inc. ADDRESS: 659 Morning Mist Road PROJECT: Manhattan,MT 59741 CONTRACT FOR:2011 Water Renovations Project You are notified that your Bid opened on April 5, 2011, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the:2011 Water Renovations Project. The Contract Price of your Contract is: Nine Hundred Fifty Nine Thousand Two Hundred Sixteen Dollars($959,216.00). Five(5)copies of each of the proposed Contract Documents(except Drawings)accompany this Notice ofAward. Three (3)sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must co mpl with he following conditions precedent within fifteen(15)days of the date of this Notice of Award, that is,by I. You must deliver to the OWNER Five (5) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security(Bonds)as specified in the Instruction to Bidders(Article 20),and the General Conditions(paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions(Article 5)and Supplementary Conditions(paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,to annul this Notice of Award,and to declare your Bid Security forfeited. Within ten(10)days after you comply with these conditions,OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN,MONTANA ATTEST: 0..Bo _ (CITY MANAGER) ( It LER a 3 .A, DATE: 9 f,, • . . �yJ, AGREEMENT FORM THIS AGREEMENT is dated as of the 7 day of'-I� in the year 2011, by and between CITY OF BOZEMAN, hereinafter called OWNER, and Omdahl Excavation & Utilities, Inc. hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. i CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Replacement of existing mains with the l installation of approximately 5,796 LF of 8", 21 LF of 10", and 24 LF of 14" ductile iron water main and appurtenances. The work areas are generally described as: S. 81"Ave., Harrison Street to Main Street; Bozeman Ave., Story Street to Olive Street; E. Koch Street, Bozeman Ave. to Lindley Place; and Lindley Place from E. Koch Street to Olive Street. I The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2011 Water Renovations Proiect. City of Bozeman . i Article 2. CONTRACT TIME. 2.1 The Work will be completed within 90 days after the date when the contract time cominences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above,plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving,in a legal or arbitration proceeding,the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly,instead of requiring any such proof,OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum(subject to adjustment as provided in the Contract Documents) of Nine Hundred Fifty Nine Thousand Two Hundred Sixteen Dollars ($ 959,216.00). J Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications forpayment 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. j 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 perfonnance 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 j 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. i 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). 1 7.3 Performance Bond, Payment Bond, and Bid Bond. ' 7.4 Invitation to Bid. I 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. l 7.12 Appendix A and Appendix B. 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid foi7ns. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 1 7.16 Notice of Award. 7.17 Notice to Proceed. i 7.18 Any modification,including Change Orders,duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. i 7.21 Notices of Final Completion and Acceptance. 7.22 Non-discrimination affinnation 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. i 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. 1 i IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. i (CONTRACTOR) 0-nt 9/fL Ale. By (SEAL &) (ATTEST) Title fj_ (JOINT VENTURE) By (SEAL&) (ATTEST) Title i City of Bozeman j (OWNER) By BO (CITY MANAGER) -`'�O�• • ' R?�'� j APPROVED AS TO FORM: �L�TtN (CITY ATTOR EY) c:wpdocs forma agreefrm.mrg i 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) ) Omdahl Excavation & Utilities,Inc. First National Insurance Company of America 659 Morning Mist Road 1001 Fourth Ave., Safeco Plaza Manhattan, MT 59741-8556 Seattle, WA 98154 OWNER(Name and Address): City of Bozeman, Montana P.O. Box 1230 Bozeman, MT 59771-1230 CONTRACT � Date: 4� Amount:Nine Hundred Fifty Nine Thousand Two Hundred Sixteen Dollars and no/100 ($959,216.00) Descriptions(Name and Location): 2011 Water Renovations Project City of Bozeman, MT BOND Bond Number:64 5 8378 Date(Not earlier than Contract Date): /�/ if Amount:Nine Hundred Fifty Nin T ousand Two Hundred Sixteen Dollars and no/100 ($959,216.00) Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative. CONTRACTOR AS PRINCIPAL SURETY Compan". Omdahl Excavation & Utilities, Inc. First National Insurance Company Signature: y� C^^�e k) (Seal) of America (Seal) Name and Tit 6. Surety's Name and Corporate Seal y,•0VJ 0n.JaO {( � By: �� I�- P,-e 6 eyi Signature and Title Bryan D. Hall, Attorney-in Fact (Space is provided below for signatures of additional (Attach Power of Attorney) / parties,if required.) Attest: Signature and Title Donna K.Tuce Surety Client Manager CONTRACTOR AS PRINCIPAL SURETY JCompany: Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title EJCDC No.C-610(2002 Edition) Originally prepared through the joint efforts of Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America,and the American Institute of Architects. S-7021/GEEF 7/03 FRP 1. Contractor and Surety,jointly and severally, bind themselves, their heirs, 6.After Owner has terminated Contractor's right to complete the Contract,and if executors,administrators,successors and assigns to the Owner for the performance Surety elects to act under Paragraph 4.1,4.2,or 4.3 above,then the responsibilities of the Contract,which is incorporated herein by reference. of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner 2. If Contractor performs the Contract,Surety and Contractor have no obligation under the Contract. To a limit of the amount of this Bond, but subject to under this Bond,except to participale in conferences as provided in Paragraph 3.1. by Owner of the Balance of the Contract Price to mitigation of costs and damages the Contract,Surety is obligated without duplication for: 3.If there is no Owner Default,Surety's obligation under this Bond shall arise after: 6.1 The responsibilities of Contractor for correction of defective Work and 3.1. Owner has notified Contractor and Surety at the addresses described in completion ofthe Contract; Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempled to arrange a conference with 6.2 Additional legal, design professional and delay costs resulting from Contractor and Surety to be hold not later than fifteen days after receipt of Contractors Default,and resulting from the actions or failure to act of such notice to discuss methods of performing the Contract. If Owner, Surety under Paragraph 4;and Contractor and Surety agree,Contractor shall be allowed a reasonable time to perform the Contract,but such an agreement shall not waive Owners 6.3 Liquidated damages, or if no liquidated damages are specified in the tight,if any,subsequently to declare a Contractor Default;and Contract, actual damages caused by delayed performance or non- performance of Contractor. 3.2 The Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract.Such Contractor Default shall 7.Surety shall not be liable to Owner or others for obligations of Contractor that not be declared earlier than twenty days after Contractor and Surety have unrelated to the Contract, and the Balance of the Contract Price shall not be received notice as provided in paragraph 3.1;and or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs,executors, 3.3 The Owner has agreed to pay the Balance of the Contract Price to: administrators,or successors. 1. The Surety in accordance with the terms of the Contract; 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts,purchase orders and other obligations 2. Another contractor selected pursuant to paragraph 4.3 to perform the Contract. 9.Any proceeding,legal or equitable,under this Bond may be instituted in any of competent jurisdiction in the location in which the Work or part of he Work is 4.When Owner has satisfied the conditions of Paragraph 3,Surety shall promptly located and shall be instituted within two years after Contractor Default or within and at Surety's expense take one of the following actions: two years after Contractor ceased working or within two years after Surety refuses fails to perform its obligations under this Bond, whichever occurs first. If the 4.1 Arrange for Contractor,with consent of Owner,to perform and complete provisions of this paragraph are void or prohibited by law,the minimum period of the Contract,or limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 4.2 Undertake to perform and complete the Contract itself,through its agents or through independent contractors;or 10. Notice to Surety,Owner or Contractor shall be mailed or delivered to the address shown on the signature page. 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable Owner for a contract for performance and completion of the Contract, 11.When this Bond has been fumished to comply with a statutory requirement in arrange for a contract to be prepared for execution by Owner and (lie location where the Contract was to be performed, any provision in this Bond contractor selected with Owner's concurrence, to be secured with conflicting with said statutory or legal requirement shall be deemed deleted performance and payment bonds executed by a qualified surety equivalent and provisions conforming to such statutory or other legal requirement shall be to the Bonds issued on the Contract,and pay to Owner the amount of deemed incorporated herein.The intent is that this Bond shall be construed as a damages as described in paragraph 6 in excess of the Balance of the statutory bond and not as a common law bond. Contract Price incurred by Owner resulting from Contractor Default;or 12.Definitions. 4.4 Waive its right to perform and complete,arrange for completion,or obtain to a new contractor and with reasonable promptness under the circumstances; 12.1 Balance of the Contract Price: The total amount payable Owner Contractor under the Contract after all proper adjustments havea been made, I. After investigation,determine the amount for which it may be liable including allowance to Contractor of any amounts received or to be to Owner and,as soon as practicable after the amount is determined, received by Owner in settlement of insurance or other Claims for damages tender payment therefor to Owner,or to which Contractor is entitled,reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 12.2 Contract:The agreement between Owner and Contractor identified on the signature page,including all Contract Documents and changes thereto. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness,Surety shall be deemed to be in default on this Bond 15 days after 12.3 Contractor Default:Failure of Contractor,which has neither been remedied receipt of an additional written notice from Owner to Surety demanding that Surety nor waived, to perform or otherwise to comply with the terns of the perform its obligations under this Bond,and Owner shall be entitled to enforce any Contract. remedy available to Owner.If Surety proceeds as provided in Paragraph 4.4,and Owner refuses the payment tendered or Surety has denied liability,in whole or in 12.4 Owner Default: Failure of Owner,which has neither been remedied nor part,without further notice Owner shall be entitled to enforce any remedy available waived,to pay Contractor as required by the Contract or to perform and to Owner. complete or comply with the other terms thereof. 1 FOR INFORMATION ONLY-Name,Address and Telephone Surety Agency or Broker Owner's Representative(engineer or other party) First West, Inc. City of Bozeman Engineering Department P. O. Box 1800 20 East Olive Street Bozeman, MT 59715 406-587-5111 Bozeman, MT 59771-1230 S-70211GEEF 7l03 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 Omdahl Excavation and Utilities, Inc. Business): 659 Morning Mist Road First National Insurance Company of America Manhattan, MT 59741-8556 1001 Fourth Ave., Safeco Plaza, Seattle, WA 98154 OWNER (Name and Address): City of Bozeman, Montana P. O. Box 1230 Bozeman, MT 59771-1230 CONTRACT Effective Date of Agreement: Amount: $ 959,216.00 Description (Name and Location): 2011 Water Renovations Project City of Bozeman, MT BOND Bond Number: 6458378 Date (Not eariArl ' Effective Date of Agreement): f Amount: $ 959,216.00 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Omdahl Excavating, and Utilities, Inc. 659 Morning Mist Road First National Insurance Company of (Seal) America (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: d� 1 ature L Signature(Attach Power of Attorney) L� lied 1 Bryan D. Hall Prijft Name Print Name ram,S lde hf- Attorney-in-Fact Title A s . /Attest: �}y,,y� Signature Donna K. Tucek It Y' Surety Account Manager Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. tMW001504;1) EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 1 of S-7148/GE 4/08 XDP 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, indemeniftes, 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. Reserverd. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. i (MW001504;1) EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 2 or3 S-7148/GE 4/08 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were 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 perfonned, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefroln 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 perfonnance 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): First West, Inc. City of Bozeman, Engineering Department P. O. Box 1800, Bozeman, MT 59771 20 East Olive Street 406-587-5111 Bozeman, MT 59771-1230 {MW001504;1) EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 S-7148/GE 4/08 POWER First National insurance Company ofAmerfca ilo 1001 4th Avenue .� OF ATTORNEY Suite 1700 Seatila,WA 98154 KNOW ALL BYTHESE PRESENTS: No. 10121 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint '"'m*111 6"i *JULiE A.BENNETT;MARK COLLINS;TYLER P.DELANEY,RICHARD B.DEMING;DEBORAH L DUNEMAN; BRYAN D.HALL;WILLIAM R.PRICE;DONNA K TUCEK;Bozeman,MT its true and lawfui attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN VWNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 21 St day of March 2009 ptx* R`11 ' fi Dexter R.Legg,Secretary Timothy A.Mikolajewski,Vice President CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Article V,Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in change of surety operations, shall each have authority to appoint individuals as attorneys-fn-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appohitrnent,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, C) The provisions of Article V,Section 13 of the By-Laws,and (ii) A oopyof the power-of-attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the carbfying officer may be by facsimile,and the seal of the Company may be a facsimile thereof.' I, Dexter R.Legg ,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and affect_ IN WITNESS WHEREOF,1 have hereunto sett my hand and affixed the facsimile seal of said corporation this 744 h day of Dexter R.Legg,Secretary S-1049113F 3/09 t i' WEB PDF "1 OP ID:JM CERTIFICATE OF LIABILITY INSURANCE OAT 05113DlYYYY) 5/13/11 THIS CERTIFICATE IS ISSUED AS A MATTER•OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTAPRODUCER 406-587-5111 NAME: Jana McMillan First West,Inc. PHONE FAX 406-587-9162 lA+c Np X,);406-922-6024 --__ �_ ._____.t__No1; 406-587-9162 PO Box 1800 E-MAIL Iuc 1905 Stadium Dr AODREsana fstwest_com PRODUCER _--__— OMDAH 1 Bozeman,MT 59715 C I�STOMER.1Dx__ ' Bryan-D.�faU,..GIG__ --.-----.—_—...._"........._.._-..._—_--- _—.—_ .`� INSURERS AFFORDING COVERAGE — NAIC M INSURED Omdahl Excavation 8,Utilities INSURER A:Cincinnati Insurance Com an 10677 659 Morning Mist Rd INSURER a:Montana State Fund -- Manhattan,MT 59741-8556 -- INSURER C INSURER D: INSURER COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADoL SUBR.T'_.__._... ._._--_.... POLICY E'FF �_POLICY EXP I LTR TYPE OF INSURANCE WVDPOLICY NUMBER MM1oC1YYYY MMn DJYYY I LIMITS GENERAL LIABILITY ! I EACH OCCURRENCE S 1,D00,00 I r[S�T�tA�E'i'6RENTED— —r —i A X 1 COMMERCIAL GENERAL Ltt.BILITY X , EPP0024533 OS115/11 ! 05/15l12 I pREtdISEsS(Eaoccunencel__ S 500,OD CLIUMS-MADE I X OCCUR MED EXP(Any one person) S _ _ _ -- ----- a,00 -- I PERSONAL&ACV INJURY sIt S -- 1,000,00 GENERAL AGGREGATE is 2>000,00 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP;OP AGG IS 2,000,00 POLICY i X IPRO- LOC I —_-- 'S AUTOMOBILE LIABILITY I COMBINED LIMIT $ 1,000,000 A X ANYAUTO IEBA0024533 05/15/11 05/15/12 (E - BODILY INJURY;Per person) $ ALL OWNED AUTOS ! SCHEDULEDAUTO5 BODILY INJURY 4PeraccWOnt),S I #PROPERTY DAMAGE — IS HIRED AUTOS (Per accident) I _— I_ NON-OWNED AUTOS ( S i X UMBRELLA LIAR I XJ OCCUR E-NCH OCCURRENCE is 1,000,00 44 EXCESS UAB A ' ,—� CLAIMS-tv,DE} EPP0024533 05I15/11 05/15/12 AGGREGATE — _ i$_— 1,000,00 I DEDUCTIBLE —f X RETENTION S WORKERS COMPENSATION X I WC STATU 1O,T.�H•I B IAND EMPLOYE LIABILITY 1 _T...LQ£iY_L[bal. ._.-_LFR.,�_---___—.—____ ANY PROPRIETORIPARTNERIEXECVTIVE YIN I �032643520 07/01/10 j 07/01/11 EL.EACH ACCIDENT '.S 500,00 ' OFFICERIMEMBER EXCLUDED' N r A ! I-------- ------------------- (Mandatory In NH) I E L DISEASE-EA EMPLOYEE-S 500,00 If yes desixlbe under I DESCRIPTION OF OPERATIONS below ~E L DISEASE-POLICY LIMIT S 500,00 A ,Leased/Rented 'EPP0024533 05/16/11 1 05/15/12 Limit 200,00 , ,Equipment Ded 1,0010 DESdRIPTION OF OPERATIONS!LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule.it more space is required) RE:2011 Water Renovations Project,City of Bozeman See Page 2 CERTIFICATE HOLDER CANCELLATION CITYBI5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bozeman ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1230 Bozeman,MT 59771-1230 AUTHORIZED REPRESENTATIVE I ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD OP ID:JM A O+ DATE(MMIDD/YYYY) EVIDENCE OF PROPERTY INSURANCE F0 511 212 01 1 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE OF PROPERTY INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AGENCY PHONE 406-587-5111 COMPANY A/C No Ext: First West, Inc. Cincinnati Insurance Company PO Box 1800 PO Box 145496 1905 Stadium Dr Cincinnati,OH 45250-5496 Bozeman, MT 59715 ac No 406-587-9162 ADDRESS: CODE: 25-006 SUB CODE: AGENCY OMDAH-1 CUSTOMER ID#: INSURED Omdahl Excavation& Utilities LOAN NUMBER POLICY NUMBER 659 Morning Mist Rd CAP5211344 Manhattan,MT 59741-8556 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 05/03/11 05/03/12 TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/D ESC RI PTI O N Multiple Streets City of Bozeman 2011 Water Renovations Bozeman, MT 59715 Project THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE,BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION COVERAGE!PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Limit at any single location/Special Form/RC $959,216 1,000.0 Limit per Disaster/Special Form/RC $959,216 1,000.0 Limit at Temporary Location/Special Form/RC $95,922 1,000.0 Transit Limit!Special Form/RC $95,922 1,000.0 Earthquake Limit $959,216 5,000.0 Flood Limit $959,216 50,000.0 Soft Costs Limit $95,922 1,000.0 REMARKS(including Special Conditions 30 days notice of cancellation provided by forms IA4086 05-09&IA4087 08-09 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE ADDITIONAL INTEREST NAMED BELOW,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEE X ADDITIONAL INSURED LOSS PAYEE LOAN# City of Bozeman PO Box 1230 AUTHORIZED REPRESENTATIVE Bozeman,MT 59771 ACORD 27(2006/07) ©ACORD CORPORATION 1993-2006. All rights reserved. The ACORD name and logo are registered marks of ACORD OP ID:JM DATE(MM/DDIYYYY) EVIDENCE OF PROPERTY INSURANCE F05/12/2011 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE OF PROPERTY INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AGENCY PHONE 406-587-5111 COMPANY (AIC,No.Ext): First West,Inc. Cincinnati Insurance Company PO Box 1800 PO Box 145496 1905 Stadium Dr Cincinnati, OH 45250-5496 Bozeman, MT 59715 nD. Ha11 C1 . ac No 406-587-9162 ADDRIESS: CODE: 25-006 SUB CODE: AGENCY OMDAH-1 CUSTOMER ID#: INSURED Omdahl Excavation &Utilities LOAN NUMBER POLICY NUMBER 659 Morning Mist Rd CAP5211344 Manhattan,MT 59741-8556 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 05/03/11 05/03/12 TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION Multiple Streets City of Bozeman 2011 Water Renovations Bozeman,MT 59715 Project THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION COVERAGE!PERILS!FORMS AMOUNT OF INSURANCE DEDUCTIBLE Limit at any single location/Special Form/RC $959,216 1,000.0 Limit per Disaster/Special Form/RC $959,216 1,000.0 Limit at Temporary Location/Special Form/RC $95,922 1,000.0 Transit Limit/Special Form/RC $95,922 1,000.0 Earthquake Limit $959,216 6,000.0 Flood Limit $959,216 50,000.0 Soft Costs Limit $95,922 1,000.0 REMARKS(including Special Conditions 30 days notice of cancellation provided by forms IA4086 0"9&IA4087 08-09 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE ADDITIONAL INTEREST NAMED BELOW,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEE X ADDITIONAL INSURED LOSS PAYEE LOAN# City of Bozeman Engineering Department&Consultants AUTHORIZED REPRESENTATIVE PO Box 1230 Bozeman, MT 59771 ACORD 27(2006/07) ©ACORD CORPORATION 1993-2006. All rights reserved. The ACORD name and logo are registered marks of ACORD i This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD i GENERAL CONDITIONS OF THE i CONSTRUCTION CONTRACT i . Prepared by ■ ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE . and Issued and Published Jointly By ational Society of A C E C N Professional Engineers- ■ Profsss/mni -W Ls" &#Wens in Priratr Prachm A.�—a.r�r N Ch p EyW.I M PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE . a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS . AMERICAN COUNCIL OF ENGINEERING COMPANIES • AMERICAN SOCIETY OF CIVIL ENGINEERS . This document has been approved and endorsed by kc ♦ y The Associated General Contractors of America Kno .sta n Creating Sustainin anp Sg Me Budt Environment Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C)2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-0 W W up op op vp 1P no op Copyright©2002 go National Society of Professional Engineers 1420 King Street,Alexandria,VA 22314 as American Council of Engineering Companies 1P 1015 15th Street,N.W.,Washington,DC 20005 4p American Society of Civil Engineers ON 1801 Alexander Bell Drive,Reston,VA 201914400 M- on on These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions(No. C-800) (2002 Edition). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 D D D TABLE OF CONTENTS Page D D ARTICLE l -DEFINITIONS AND TERMINOLOGY.............................................................................................................5 1.01 Defined Terms............................................................................................................ i1.02 Terminology........................................................................................................................................ ARTICLE2 -PRELIMINARY MATTERS...............................................................................................................................8 2.01 Delivery of Bonds and Evidence oflnsurance.........................................................................................................8 2.02 Copies of Documents...............................................................................................................................................8 2.03 Commencement of Contract Times;Notice to Proceed...........................................................................................8 2.04 Starting the Work.....................................................................................................................................................8 2.05 Before Starting Construction...................................................................................................................................8 2.06 Preconstruction Conference.......................................................................................................................... 2.07 Initial Acceptance of Schedules................................................................................. ARTICLE 3-CONTRACT DOCUMENTS:INTENT,AMENDING,REUSE........................................................................9 3.01 Intent........................................................................................................................................................................9 3.02 Reference Standards................................................................................................................................................9 3.03 Reporting and Resolving Discrepancies..................................................................................................................9 3.04 Amending and Supplementing Contract Documents.............................................................................................10 3.05 Reuse of Documents...............................................................................................................................................10 I3.06 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........................................................................................................... 4.03 Differing Subsurface or Physical Conditions........................................................................................................11 4.04 Underground Facilities.........................................................................................................................................12 e 4.05 Reference Points....................................................................................................................................................12 4.06 Hazardous Environmental Condition at Site.........................................................................................................12 I, ARTICLE 5-BONDS AND INSURANCE.............................................................................................................................13 11 5.01 Performance,Payment, and Other Bonds..................................................................................... 5.02 Licensed Sureties and Insurers................................................................................................... ...14 ........................ 5.03 Certificates of Insurance.............................................................................................................................. 5.04 Contractor's Liability Insurance.......................................................................................................................... 14 5.05 Owner's Liability Insurance..................................................................................................................................15 5.06 Property Insurance..................................................................................................................................... ..15 5.07 Waiver of Rights....................................................................................................................................................16 l� 5.08 Receipt and Application of Insurance Proceeds....................................................................................................16 5.09 Acceptance of Bonds and Insurance; Option to Replace.......................................................................................16 5.10 Partial Utilization,Acknowledgment of Property Insurer.....................................................................................17 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES..........................................................................................................17 6.01 Supervision and Superintendence..........................................................................................................................17 6.02 Labor; Working Hours..........................................................................................................................................17 6.03 Services,Materials, and Equipment......................................................................................................................17 6.04 Progress Schedule.................................................................................................................................................17 6.05 Substitutes and "Or-Equals...................................................................................................................................18 6.06 Concerning Subcontractors,Suppliers, and Others..............................................................................................19 6.07 Patent Fees and Royalties..................................................................................................................... ......20 .......... 6.08 Permits...................................................................................................................................................................20 6.09 Laws and Regulations............................................................................................................................................20 6.10 Taxes.................. ..................................................................................................................................................21 1 6.11 Use of Site and Other Areas..................................................................................................................................21 6.12 Record Documents.................................................................................................................................................21 6.13 Safety and Protection............................................................................................................................. .21 ............... 6.14 Safety Representative.............................................................................................................................................22 6.15 Hazard Communication Programs........................................................................................................................22 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 6.16 Emergencies...........................................................................................................................................................22 6.17 Shop Drawings and Samples.................................................................................................................................22 6.18 Continuing the Work..............................................................................................................................................23 6.19 Contractor's General Warranty and Guarantee...................................................................................................23 6.20 indemnification......................................................................................................................................................23 6.21 Delegation of Professional Design Services..........................................................................................................24 ARTICLE7-OTHER WORK AT THE SITE.........................................................................................................................24 7.01 Related Work at Site..............................................................................................................................................24 7.02 Coordination..........................................................................................................................................................25 7.03 Legal Relationships...............................................................................................................................................25 ARTICLE 8-OWNER'S RESPONSIBILITIES.............................................. .25 8.01 Communications to Contractor.............................................................................................................................25 8.02 Replacement of Engineer............................................................................................... 25 ........................................ 8.03 Furnish Data..........................................................................................................................................................25 8.04 Pay When Due.......................................................................................................................................................25 8.05 Lands and Easements;Reports and Tests..............................................................................................................25 OF Insuran 8.07 Change ........Orders ......................................................................................................................................................25 8.07 Change Orders . 8.08 Inspections. Tests, and Approvals..........................................................................................................................25 8.09 Limitations on Owner's Responsibilities...............................................................................................................26 8.10 Undisclosed Hazardous Environmental Condition................................................................................................26 8.11 Evidence of Financial Arrangements....................................................................................................................26 ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION ....................................................................................26 9.01 Owner's Representative.........................................................................................................................................26 9.02 Visits to Site....... ......................................................................................................................................... 26 9.03 Project Representatitati . Representative . .26 9.04 Authorized Variations in Work..............................................................................................................................26 9.05 Rejecting Defective Work.............................................................--.......................................................................26 9.06 Shop Drawings, Change Orders and Payments. ..27 9.07 Determinations for Unit Price Work.....................................................................................................................27 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work...................................................27 9.09 Limitations on Engineer's Authority and Responsibilities....................................................................................27 ARTICLE 10-CHANGES IN THE WORK;CLAIMS...........................................................................................................27 10.01 Authorized Changes in the Work...........................................................................................................................27 10.02 Unauthorized Changes in the Work.......................................................................................................................28 l 10.03 Execution of Change Orders.................................................................................................................................28 10.04 Notification to Surety.............................................................................................................................................28 10.05 Claims....................................................................................................................................................................28 ARTICLE I 1 -COST OF THE WORK;ALLOWANCES;UNIT PRICE WORK.................................................................29 J 11.01 Cost of the Work.................................................................................................................................................... 29 I1.02 Allowances.............................................................................................................................................................30 11.03 Unit Price Work.....................................................................................................................................................30 ARTICLE 12-CHANGE OF CONTRACT PRICE;CHANGE OF CONTRACT TIMES.....................................................31 12.01 Change of Contract Price......................................................................................................................................31 12.02 Change of Contract Times.....................................................................................................................................32 12.03 Delays....................................................................................................................................................................32 ARTICLE 13-TESTS AND INSPECTIONS;CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK......32 13.01 Notice of Defects....................................................................................................................................................32 13.02 Access to Work.......................................................................................................................................................32 13.03 Tests and Inspections.............................................................................................................................................32 13.04 Uncovering Work...................................................................................................................................................33 13.05 Owner May Stop the Work.....................................................................................................................................33 13.06 Correction or Removal of Defective Work.............................................................................................................33 13.07 Correction Period..................................................................................................................................................33 13.08 Acceptance of Defective Work...............................................................................................................................34 13.09 Owner May Correct Defective Work.....................................................................................................................34 ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION..............................................................................35 14.01 Schedule of Values.................................................................................................................................................35 14.02 Progress Payments................................................................................................................................................35 14.03 Contractor's Warranty of Title..............................................................................................................................36 14.04 Substantial Completion..........................................................................................................................................36 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright®2002 National Society of Professional Engineers for EJCDC. All rights reserved. -' 00700-3 14.05 Partial Utilization..................................................................................................................................................37 14.06 Final Inspection..................... ............................... 14.07 Final Payment............................................................................................................................. 14.08 Final Completion Delayed.....................................................................................................................................38 14.09 Waiver of Claims...................................................................................................................................................38 ARTICLE 15-SUSPENSION OF WORK AND TERMINATION........................................................................................38 15.01 Owner May Suspend Work.................................................................................................................. 38 15.02 Owner May Terminate for Cause..........................................................................................................................38 15.03 Owner May Terminate For Convenience............................ 39 15.04 Contractor May Stop Work or Terminate..............................................................................................................39 ARTICLE 16-DISPUTE RESOLUTION................................................................................................................................40 16.01 Methods and Procedures......................................................................................................................... 40 ARTICLE17-MISCELLANEOUS.........................................................................................................................................40 17.01 Giving Notice.................................................................................................................................................... 17.02 Computation of Times....................................................................................................... 40 17.03 Cumulative Remedies......................................................................................................................... 17.04 Survival of Obligations.............................. 40 ................. 17.05 Controlling Law....................................................................................................................... 17.06 Headings............................................................................................................................... .. 40 ® EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright®2002 National Societv of Professional Engineers for EJCDC. All rights reserved. 00700-4 GENERAL CONDITIONS 9. Change Order--A document recommended by Engineer which is signed by Contractor and Owner and op ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 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 1.01 Defined Terms Agreement. A. Wherever used in the Bidding Requirements 10. Claim--A demand or assertion by Owner or op or Contract Documents and printed with initial capital Contractor seeking an adjustment of Contract Price or letters, the terms listed below will have the meanings Contract Times, or both, or other relief with respect to the indicated which are applicable to both the singular and terms of the Contract.A demand for money or services by plural thereof. In addition to terms specifically defined, a third party is not a Claim. 40 terms with initial capital letters in the Contract Documents include references to identified articles and 11. Contract--The entire and integrated written IF paragraphs,and the titles of other documents or forms. agreement between the Owner and Contractor concerning go the Work. The Contract supersedes prior negotiations, 1. Addenda--Written or graphic instruments representations, or agreements, whether written or oral. go issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed 12. Contract Documents-- Those items so ON Contract Documents. designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract OF 2. Agreement--The written instrument which is Documents. Approved Shop Drawings, other Contractor's evidence of the agreement between Owner and Contractor submittals, and the reports and drawings of subsurface op covering the Work. and physical conditions are not Contract Documents. op 3.Application for Payment--The form acceptable 13. Contract Price--The moneys payable by to Engineer which is to be used by Contractor during the Owner to Contractor for completion of the Work in on course of the Work in requesting progress or final accordance with the Contract Documents as stated in the payments and which is to be accompanied by such Agreement (subject to the provisions of Paragraph 11.03 on supporting documentation as is required by the Contract in the case of Unit Price Work). Documents. on 14. Contract Times--The number of days or the 4. Asbestos--Any material that contains more dates stated in the Agreement to: (i)achieve Milestones,if than one percent asbestos and is friable or is releasing any, (ii) achieve Substantial Completion; and (iii) com- asbestos fibers into the air above current action levels plete the Work so that it is ready for fmal payment as established by the United States Occupational Safety and evidenced by Engineer's written recommendation of final Health Administration. payment. 5. Bid--The offer or proposal of a Bidder 15. Contractor--The individual or entity with RN submitted on the prescribed form setting forth the prices whom Owner has entered into the Agreement. for the Work to be performed. on 16. Cost of the Work--See Paragraph I LOLA for 6. Bidder--The individual or entity who submits definition. OR a Bid directly to Owner. 17. Drawings--That part of the Contract 7. Bidding Documents--The Bidding Documents prepared or approved by Engineer which Requirements and the proposed Contract Documents graphically shows the scope, extent, and character of the (including all Addenda). Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so 8. Bidding Requirements--The Advertisement or defined. Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any 18. Effective Date of the Agreement--The date supplements. indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer--The individual or entity named as such in the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 20. Field Order--A written order issued by 32.Progress Schedule--A schedule,prepared and Engineer which requires minor changes in the Work but maintained by Contractor, describing the sequence and which does not involve a change in the Contract Price or duration of the activities comprising the Contractor's plan the Contract Times. to accomplish the Work within the Contract Times. 21. General Requirements--Sections of Division 33. Project--The total construction of which the 1 of the Specifications.The General Requirements pertain Work to be performed under the Contract Documents may to all sections of the Specifications. be the whole, or a part. 22. Hazardous Environmental Condition--The 34, Project Manual--The bound documentary w presence at the Site of Asbestos, PCBs, Petroleum, information prepared for bidding and constructing the Hazardous Waste, or Radioactive Material in such Work. A listing of the contents of the Project Manual, quantities or circumstances that may present a substantial which may be bound in one or more volumes, is danger to persons or property exposed thereto in contained in the table(s)of contents. connection with the Work. 35. Radioactive Material--Source, special nucle- 23. Hazardous Waste--The term Hazardous ar,or byproduct material as defined by the Atomic Energy Waste shall have the meaning provided in Section I004 of Act of 1954 (42 USC Section 2011 et seq.) as amended the Solid Waste Disposal Act (42 USC Section 6903) as from time to time. amended from time to time. 36.Related Entity--An officer, director,partner, 24.Laws and Regulations;Laws or Regulations- employee,agent,consultant, or subcontractor. -Any and all applicable laws, rules,regulations, ordinanc- es, codes, and orders of any and all governmental bodies, 37. Resident Project Representative--The autho- agencies,authorities,and courts having jurisdiction. rized representative of Engineer who may be assigned to the Site or any part thereof. 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or 38. Samples--Physical examples of materials, personal property. equipment, or workmanship that are representative of some portion of the Work and which establish the ® 26. Milestone--A principal event specified in the standards by which such portion of the Work will be Contract Documents relating to an intermediate comple- judged. tion date or time prior to Substantial Completion of all the Work. 39. Schedule of Submittals--A schedule,prepared and maintained by Contractor, of required submittals and 27. Notice of Award--The written notice by the time requirements to support scheduled performance Owner to the Successful Bidder stating that upon timely of related construction activities. compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the 40. Schedule of Values--A schedule, prepared Agreement. and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used 28.Notice to Proceed--A written notice given by as the basis for reviewing Contractor's Applications for Owner to Contractor fixing the date on which the Con- Payment. tract Times will commence to runt and on which Contractor shall start to perform the Work under the 41, Shop Drawings--All drawings, diagrams, Contract Documents. illustrations, schedules, and other data or information which are specifically prepared or assembled by or for 29. Owner--The individual or entity with whom Contractor and submitted by Contractor to illustrate some Contractor has entered into the Agreement and for whom portion of the Work. ® the Work is to be performed. 42.Site--Lands or areas indicated in the Contract ® 30.PCBs--Polychlorinated biphenyls. Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and 31.Petroleum--Petroleum, including crude oil or easements for access thereto, and such other lands any fraction thereof which is liquid at standard conditions furnished by Owner which are designated for the use of ® of temperature and pressure (60 degrees Fahrenheit and Contractor. 14.7 pounds per square inch absolute), such as oil, ® petroleum, fuel oil, oil sludge, oil refuse, gasoline, 43. Specifications--That part of the Contract kerosene, and oil mixed with other non-Hazardous Waste Documents consisting of written requirements for and crude oils. materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. ® 00700-6 administrative requirements and procedural matters but is evidence that the parties expect that the change applicable thereto, ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order 44. Subcontractor--An individual or entity following negotiations by the parties as to its effect, if having a direct contract with Contractor or with any other any,on the Contract Price or Contract Times. Subcontractor for the performance of a part of the Work at the Site. 1.02 Terminology 45. Substantial Completion--The time at which A. The following words or terms are not defined the Work (or a specified part thereof) has progressed to but, when used in the Bidding Requirements or Contract the point where, to the opinion of Engineer, the Work (or Documents,have the following meaning. a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the B.Intent of Certain Terms or Adjectives Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially 1.The Contract Documents include the terms"as complete" and "substantially completed" as applied to all allowed," "as approved," "as ordered", "as directed" or or part of the Work refer to Substantial Completion terms of like effect or import to authorize an exercise of thereof. professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," 46. Successful Bidder--The Bidder submitting a "proper," "satisfactory," or adjectives of like effect or responsive Bid to whom Owner makes an award. import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise 47. Supplementary Conditions--That part of the of professional judgment, action or determination will be Contract Documents which amends or supplements these solely to evaluate, in general, the Work for compliance General Conditions. with the requirements of and information in the Contract Documents and conformance with the design concept of 48. Supplier--A manufacturer, fabricator, suppli- the completed Project as a functioning whole as shown or er, distributor, materialman, or vendor having a direct indicated in the Contract Documents (unless there iE a contract with Contractor or with any Subcontractor to specific statement indicating otherwise). The use of any furnish materials or equipment to be incorporated in the such term or adjective is not intended to and shall not be Work by Contractor or any Subcontractor. effective to assign to Engineer any duty or authority to - supervise or direct the performance of the Work or any 49. Underground Facilities--All underground duty or authority to undertake responsibility contrary to pipelines, conduits, ducts, cables, wires,manholes, vaults, the provisions of Paragraph 9.09 or any other provision of tanks, tunnels, or other such facilities or attachments, and the Contract Documents. any encasements containing such facilities, including those that convey electricity, gases, steam, liquid C.Day petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other 1. The word "day" means a calendar day liquids or chemicals,or traffic or other control systems. of 24 hours measured from midnight to the next midnight. 50, Unit Price Work--Work to be paid for on the D.Defective basis of unit prices. 1. The word "defective," when modifying the 51. Work--The entire construction or the various word "Work," refers to Work that is unsatisfactory, separately identifiable parts thereof required to be faulty, or deficient in that it: provided under the Contract Documents. Work includes and is the result of performing or providing all labor, a. does not conform to the Contract Documents, services, and documentation necessary to produce such or construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as b. does not meet the requirements of any required by the Contract Documents. applicable inspection, reference standard, test, or . approval referred to in the Contract Documents, 52. Work Change Directive--A written statement or to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by c. has been damaged prior to Engineer's - Engineer ordering an addition, deletion, or revision in the recommendation of final payment (unless Work, or responding to differing or unforeseen subsurface responsibility for the protection thereof has been or physical conditions under which the Work is to be assumed by Owner at Substantial Completion in performed or to emergencies. A Work Change Directive accordance with Paragraph 14.04 or 14.05). will not change the Contract Price or the Contract Times EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-7 E.Furnish,Install. Perform, Provide or, if a Notice to Proceed is given,on the day indicated in the Notice to Proceed. A Notice to Proceed may be given 1. The word "furnish," when used in connection at any time within 30 days after the Effective Date of the with services, materials, or equipment, shall mean to Agreement. In no event will the Contract Times com- supply and deliver said services, materials, or equipment mence to run later than the sixtieth day after the day of ® to the Site(or some other specified location)ready for use Bid opening or the thirtieth day after the Effective Date of or installation and in usable or operable condition. the Agreement, whichever date is earlier. 2. The word "install," when used in connection 2.04 Starting the Work with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, A. Contractor shall start to perform the Work on or equipment complete and ready for intended use. the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which ® 3. The words"perform" or"provide," when used the Contract Times commence to run. ® in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or 2.05 Before Starting Construction equipment complete and ready for intended use. A. Preliminary Schedules: Within 10 days after 4. When "furnish," "install," "perform," or "pro- the Effective Date of the Agreement (unless otherwise vide"is not used in connection with services, materials, or specified in the General Requirements), Contractor shall equipment in a context clearly requiring an obligation of submit to Engineer for timely review: Contractor, "provide"is implied. I� I. a preliminary Progress Schedule; indicating F. Unless stated otherwise in the Contract Docu- the times (numbers of days or dates) for starting and ments, words or phrases which have a well-known completing the various stages of the Work, including any technical or construction industry or trade meaning are Milestones specified in the Contract Documents; used in the Contract Documents in accordance with such recognized meaning. 2. a preliminary Schedule of Submittals;and 3. a preliminary Schedule of Values for all of the ® ARTICLE 2-PRELIMINARY MATTERS Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to 2.01 Delivery of Bonds and Evidence of Insurance serve as the basis for progress payments during performance of the Work. Such prices will include an A. When Contractor delivers the executed appropriate amount of overhead and profit applicable to counterparts of the Agreement to Owner, Contractor shall each item of Work. also deliver to Owner such bonds as Contractor may be required to furnish. 2.06 Preconstruction Conference B. Evidence of Insurance: Before any Work at A. Before any Work at the Site is started, a the Site is started, Contractor and Owner shall each conference attended by Owner, Contractor, Engineer, and ® deliver to the other,with copies to each additional insured others as appropriate will be held to establish a working identified in the Supplementary Conditions, certificates of understanding among the parties as to the Work and to insurance (and other evidence of insurance which either discuss the schedules referred to in Paragraph 2.05.A, of them or any additional insured may reasonably request) procedures for handling Shop Drawings and other which Contractor and Owner respectively are required to submittals, processing Applications for Payment, and purchase and maintain in accordance with Article 5. maintaining required records. 2.02 Copies of Documents 2.07 Initial Acceptance of Schedules A. Owner shall furnish to Contractor up to ten A. At least 10 days before submission of the first printed or hard copies of the Drawings and Project Application for Payment a conference attended by Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be at the cost of reproduction. held to review for acceptability to Engineer as provided below the schedules submitted in accordance with 2.03 Commencement of Contract Times; Notice to Paragraph 2.05.A. Contractor shall have an additional 10 Proceed days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 responsibilities of Owner, Contractor,or Engineer, or anv 1. The Progress Schedule will be acceptable to of their subcontractors, consultants, agents, or employees Engineer if it provides an orderly progression of the Work from those set forth in the Contract Documents. No such to completion within the Contract Times.Such acceptance provision or instruction shall be effective to assign to will not impose on Engineer responsibility for the Owner, or Engineer, or any of, their Related Entities, any Progress Schedule, for sequencing, scheduling, or duty or authority to supervise or direct the performance of progress of the Work nor interfere with or relieve the Work or any duty or authority to undertake respon- Contractor from Contractor's full responsibility therefor. sibility inconsistent with the provisions of the Contract Documents. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable 3.03 Reporting and Resolving Discrepancies arrangement for reviewing and processing the required submittals. A, Reporting Discrepancies 3. Contractor's Schedule of Values will be 1. Contractor's Review of Contract Documents acceptable to Engineer as to form and substance if it Before Starting Work:Before undertaking each part of the provides a reasonable allocation of the Contract Price to Work, Contractor shall carefully study and compare the component parts of the Work. Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer ARTICLE 3-CONTRACT DOCUMENTS: INTENT, any conflict, error, ambiguity, or discrepancy which �■ j AMENDING,REUSE Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 3.01 Intenti 2. Contractor's Review of Contract Documents A. The Contract Documents are complementary; During Performance of Work: If, dunng the performance what is required by one is as binding as if required by all. of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents B. It is the intent of the Contract Documents to or between the Contract Documents and any provision of describe a functionally complete Project (or part thereof) any Law or Regulation applicable to the performance of to be constructed in accordance with the Contract Docu- the Work or of any standard, specification, manual or ments. Any labor, documentation, services, materials, or code, or of any instruction of any Supplier, Contractor equipment that may reasonably be inferred from the shall promptly report it to Engineer in writing. Contractor Contract Documents or from prevailing custom or trade shall not proceed with the Work affected thereby (except �■ usage as being required to produce the intended result will in an emergency as required by Paragraph 6.16.A) until be provided whether or not specifically called for at no an amendment or supplement to the Contract Documents additional cost to Owner. has been issued by one of the methods indicated in Paragraph 3.04. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as 3. Contractor shall not be liable to Owner or provided in Article 9. Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless 3.02 Reference Standards Contractor knew or reasonably should have known thereof. A. Standards, Specifications, Codes, Laws, and Regulations B.Resolving Discrepancies 1. Reference to standards, specifications, 1. Except as may be otherwise specifically stated manuals, or codes of any technical society, organization, in the Contract Documents, the provisions of the Contract or association, or to Laws or Regulations, whether such Documents shall take precedence in resolving any reference be specific or by implication, shall mean the conflict, error, ambiguity, or discrepancy between the standard,specification,manual, code, or Laws or Regula- provisions of the Contract Documents and: tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), a. the provisions of any standard, specification, except as may be otherwise specifically stated in the manual, code, or instruction (whether or not Contract Documents. specifically incorporated by reference in the Contract Documents);or 2. No provision of any such standard. specification, manual or code, or any instruction of a b, the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of the Work EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 ALI � (unless such an interpretation of the provisions sole risk. If there is a discrepancy between the electronic of the Contract Documents would result in viola- files and the hard copies, the hard copies govern. tion of such Law or Regulation). B. Because data stored in electronic media 3.04 Amending and Supplementing Contract format can deteriorate or be modified inadvertently or Documents otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform A. The Contract Documents may be amended to acceptance tests or procedures within 60 days, after which provide for additions,deletions, and revisions in the Work the receiving party shall be deemed to have accepted the or to modify the terms and conditions thereof by either a data thus transferred. Any errors detected within the 60- Change Order or a Work Change Directive. day acceptance period will be corrected by the transferring party.. B. The requirements of the Contract Documents may be supplemented, and minor variations and C. When transferring documents in electronic deviations in the Work may be authorized;by one or more media format; the transferring party makes no of the following ways: representations as to long term compatibility, usability, or readability of documents resulting from the use of 1.A Field Order; software application packages, operating systems, or computer hardware differing from those used by the 2. Engineer's approval of a Shop Drawing or data's creator. Sample; (Subject to the provisions of Paragraph 6.17.D.3); or ARTICLE 4 - AVAILABILITY OF LANDS; 3. Engineer's written interpretation or SUBSURFACE AND PHYSICAL CONDITIONS; clarification. HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier 4.01 Availability of Lands or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with A. Owner shall furnish the Site. Owner shall Contractor, shall not: notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the 1. have or acquire any title to or ownership Site with which Contractor must comply in performing rights in any of the Drawings, Specifications, or the Work. Owner will obtain in a timely manner and pay other documents (or copies of any thereof)prepared by or for easements for permanent structures or permanent bearing the seal of Engineer or Engineer's consultants, changes in existing facilities.If Contractor and Owner are including electronic media editions;or unable to agree on entitlement to or on the amount or extent; if any, of any adjustment in the Contract Price or 2. reuse any of such Drawings, Specifications, Contract Times, or both, as a result of any delay in other documents, or copies thereof on extensions Owner's furnishing the Site or a part thereof, Contractor of the Project or any other project without written consent may make a Claim therefor as provided in Paragraph of Owner and Engineer and specific written verification 10.05. or adaption by Engineer. B. Upon reasonable written request, Owner shall B. The prohibition of this Paragraph 3.05 will furnish Contractor with a current statement of record leea] survive final payment, or termination of the Contract. title and legal description of the lands upon which the Nothing herein shall preclude Contractor from retaining Work is to be performed and Owner's interest therein as copies of the Contract Documents for record purposes. necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with 3.06 Electronic Data applicable Laws and Regulations. A. Copies of data furnished by Owner or C. Contractor shall provide for all additional Engineer to Contractor or Contractor to Owner or lands and access thereto that may be required for Engineer that may be relied upon are limited to the temporary construction facilities or storage of materials printed copies (also known as hard copies). Files in and equipment. 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 EJCDC C-700 Standard General Conditions ofthe Construction Contract. Copyright G 2002 National society of Professional Engineers for EJCDC. All rights reserved. ma 00700-10 4.02 Subsurface and Physical Conditions 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally A. Reports and Drawings: The Supplementary recognized as inherent in work of the character provided Conditions identify: for in the Contract Documents; 1. those reports of explorations and tests of then Contractor shall, promptly after becoming aware subsurface conditions at or contiguous to the Site that thereof and before further disturbing the subsurface or Engineer has used in preparing the Contract Documents; physical conditions or performing any Work in connec- and tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing 2. those drawings of physical conditions in or about such condition. Contractor shall not further disturb relating to existing surface or subsurface structures at or such condition or perform any Work in connection contiguous to the Site (except Underground Facilities) therewith (except as aforesaid) until receipt of written that Engineer has used in preparing the Contract order to do so. Documents. B. Engineer's Review: After receipt of written B. Limited Reliance by Contractor on Technical notice as required by Paragraph 4.03.A, Engineer will Data Authorized. Contractor may rely upon the general promptly review the pertinent condition, determine the accuracy of the "technical data" contained in such reports necessity of Owner's obtaining additional exploration or and drawings, but such reports and drawings are not tests with respect thereto, and advise Owner in writing Contract Documents. Such "technical data" is identified (with a copy to Contractor) of Engineer's findings and in the Supplementary Conditions.Except for such reliance conclusions. on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of C.Possible Price and Times Adjustments their Related Entities with respect to: 1. The Contract Price or the Contract Times, or 1. the completeness of such reports and drawings both, will be equitably adjusted to the extent that the for Contractor's purposes, including, but not limited to, existence of such differing subsurface or physical any aspects of the means, methods, techniques, condition causes an increase or decrease in Contractor's sequences, and procedures of construction to be employed cost of, or time required for, performance of the Work; by Contractor, and safety precautions and programs subject,however, to the following: incident thereto; or a. such condition must meet any one or more of 2. other data, interpretations, opinions, and the categories described in Paragraph 4.03.A; information contained in such reports or shown or and indicated in such drawings; or b. with respect to Work that is paid for on a Unit 3. any Contractor interpretation of or conclusion Price Basis, any adjustment in Contract Price drawn from any "technical data" or any such other data, will be subject to the provisions of Paragraphs interpretations, opinions,or information. 9.07 and 11.03. 4.03 Differing Subsurface or Physical Conditions 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: A.Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that a. Contractor knew of the existence of such is uncovered or revealed either: conditions at the time Contractor made a final commitment to Owner with respect to Contract 1. is of such a nature as to establish that any Price and Contract Times by the submission of a "technical data" on which Contractor is entitled to rely as Bid or becoming bound under a negotiated provided in Paragraph 4.02 is materially inaccurate;or contract;or 2.is of such a nature as to require a change in the b. the existence of such condition could Contract Documents-,or reasonably have been discovered or revealed as a result of any examination, investigation, explo- 3. differs materially from that shown or indicated ration, test, or study of the Site and contiguous in the Contract Documents;or areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment;or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 NO c. Contractor failed to give the written notice as promptly review the Underground Facility and determine required by Paragraph 4.03.A. the extent, if any, to which a change is required in the Contract Documents to reflect and document the 3. If Owner and Contractor are unable to agree consequences of the existence or location of the Under- on entitlement to or on the amount or extent, if any, of ground Facility. During such time, Contractor shall be any adjustment in the Contract Price or Contract Times, responsible for the safety and protection of such or both, a Claim may be made therefor as provided in Underground Facility. Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor 2. If Engineer concludes that a change in the for any claims, costs, losses, or damages (including but Contract Documents is required, a Work Change not limited to all fees and charges of engineers, architects, Directive or a Change Order will be issued to reflect and attorneys, and other professionals and all court or document such consequences. An equitable adjustment ■ arbitration or other dispute resolution costs) sustained by shall be made in the Contract Price or Contract Times, or Contractor on or in connection with any other project or both, to the extent that they are attributable to the . anticipated project_ existence or location of any Underground Facility that was not shown or indicated or not shown or indicated 4.04 Underground Facilities with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably A.Shown or Indicated:The information and data have been expected to be aware of or to have anticipated, shown or indicated rn the Contract Documents with If Owner and Contractor are unable to agree on respect to existing Underground Facilities at or entitlement to or on the amount or extent, if any, of any contiguous to the Site is based on information and data such adjustment in Contract Price or Contract Times, . fiirnished to Owner or Engineer by the owners of such Owner or Contractor may make a Claim therefor as Underground Facilities, including Owner, or by others. provided in Paragraph 10.05. . Unless it is otherwise expressly provided in the Sup- plementary Conditions: 4.05 Reference Points 1. Owner and Engineer shall not be responsible A. Owner shall provide engineering surveys to for the accuracy or completeness of any such information establish reference points for construction which in or data; and Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible 2. the cost of all of the following will be for laying out the Work, shall protect and preserve the included in the Contract Price, and Contractor shall have established reference points and property monuments, and full responsibility for: shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to a. reviewing and checking all such information Engineer whenever any reference point or property and data, monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and b. locating all Underground Facilities shown or shall be responsible for the accurate replacement or indicated in the Contract Documents, relocation of such reference points or property monuments by professionally qualified personnel. c. coordination of the Work with the owners of such Underground Facilities, including Owner, 4.06 Hazardous Environmental Condition at Site during construction, and A. Reports and Drawings: Reference is made to d. the safety and protection of all such Under- the Supplementary Conditions for the identification of ground Facilities and repairing any damage those reports and drawings relating to a Hazardous thereto resulting from the Work. Environmental Condition identified at the Site, if any,that have been utilized by the Engineer in the preparation of B.Not Shown or Indicated the Contract Documents. 1. If an Underground Facility is uncovered or B. Limited Reliance by Contractor on Technical revealed at or contiguous to the Site which was not shown Data Authorized: Contractor may rely upon the general or indicated, or not shown or indicated with reasonable accuracy of the "technical data" contained in such reports accuracy in the Contract Documents, Contractor shall, and drawings, but such reports and drawings are not ■ promptly after becoming aware thereof and before further Contract Documents. Such "technical data" is identified disturbing conditions affected thereby or performing any in the Supplementary Conditions. Except for such reliance Work in connection therewith (except in an emergency as on such "technical data,"Contractor may not rely upon or required by Paragraph 6.16.A), identify the owner of such make any claim against Owner or Engineer, or any of i Underground Facility and give written notice to that their Related Entities with respect to: owner and to Owner and Engineer. Engineer will EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 1.the completeness of such reports and drawings entitlement to or on the amount or extent, if any, of an for Contractor's purposes, including, but not limited to, adjustment in Contract Price or Contract Times as a result any aspects of the means, methods, techniques, sequences of deleting such portion of the Work, then either party and procedures of construction to be employed by may make a Claim therefor as provided in Paragraph Contractor and safety precautions and programs incident 10.05. Owner may have such deleted portion of the Work thereto; or performed by Owner's own forces or others in accordance with Article 7. 2. other data, interpretations, opinions and information contained in such reports or shown or G. To the fullest extent permitted by Laws and indicated in such drawings;or Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the 3. any Contractor interpretation of or conclusion officers, directors, partners, employees, agents, drawn from any "technical data" or any such other data, consultants, and subcontractors of each and any of them interpretations, opinions or information. from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of C. Contractor shall not be responsible for any engineers, architects, attorneys, and other professionals Hazardous Environmental Condition uncovered or re- and all court or arbitration or other dispute resolution vealed at the Site which was not shown or indicated in costs) arising out of or relating to a Hazardous Drawings or Specifications or identified in the Contract Environmental Condition, provided that such Hazardous Documents to be within the scope of the Work. Environmental Condition: (i) was not shown or indicated Contractor shall be responsible for a Hazardous in the Drawings or Specifications or identified in the Environmental Condition created with any materials Contract Documents to be included within the scope of brought to the Site by Contractor, Subcontractors, the Work, and (ii) was not created by Contractor or by Suppliers, or anyone else for whom Contractor is anyone for whom Contractor is responsible. Nothing in responsible. this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- D. If Contractor encounters a Hazardous quences of that individual's or entity's own negligence. Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous H. To the fullest extent permitted by Laws and Environmental Condition, Contractor shall immediately: Regulations, Contractor shall indemnify and hold (i) secure or otherwise isolate such condition; (ii) stop all harmless Owner and Engineer, and the officers, directors, Work in connection with such condition and in any area partners, employees, agents, consultants, and affected thereby (except in an emergency as required by subcontractors of each and any of them from and against Paragraph 6.16.A); and (iii) notify Owner and Engineer all claims, costs, losses, and damages (including but not (and promptly thereafter confirm such notice in writing). limited to all fees and charges of engineers, architects, Owner shall promptly consult with Engineer concerning attorneys, and other professionals and all court or the necessity for Owner to retain a qualified expert to arbitration or other dispute resolution costs) arising out of evaluate such condition or take corrective action,if any. or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor F. Contractor shall not be required to resume is responsible. Nothing in this Paragraph 4.06.H shall Work in connection with such condition or in any affected obligate Contractor to indemnify any individual or entity area until after Owner has obtained any required permits from and against the consequences of that individual's or related thereto and delivered to Contractor written notice: entity's own negligence. (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or I. The provisions of Paragraphs 4.02, 4.03, and (ii) specifying any special conditions under which such 4.04 do not apply to a Hazardous Environmental Work may be resumed safely. If Owner and Contractor Condition uncovered or revealed at the Site. cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- ARTICLE 5 -BONDS AND INSURANCE page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Societe'of Professional Engineers for EJCDC. All rights reserved. 00700-]3 in Paragraph 13.07,whichever is later, except as provided from claims set forth below which may arise out of or otherwise by Laws or Regulations or by the Contract result from Contractor's performance of the Work and Documents. Contractor shall also furnish such other Contractor's other obligations under the Contract bonds as are required by the Contract Documents. Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or B. All bonds shall be in the form prescribed by indirectly employed by any of them to perform any of the the Contract Documents except as provided otherwise by Work, or by anyone for whose acts any of them may be Laws or Regulations, and shall be executed by such liable: sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties 1. claims under workers' compensation, on Federal Bonds and as Acceptable Reinsuring Compa- disability benefits, and other similar employee benefit nies" as published in Circular 570 (amended) by the acts; Financial Management Service,Surety Bond Branch,U.S. Department of the Treasury. All bonds signed by an agent 2. claims for damages because of bodily injury, must be accompanied by a certified copy of the agent's occupational sickness or disease, or death of Contractor's authority to act. employees; C. If the surety on any bond furnished by 3. claims for damages because of bodily inl u Contractor is declared bankrupt or becomes insolvent or sickness or disease, or death of any person other than its right to do business is terminated in any state where Contractor's employees; any part of the Project is located or it ceases to meet the •' requirements of Paragraph 5.01.B, Contractor shall 4. claims for damages insured by reasonably promptly notify Owner and Engineer and shall, within 20 available personal injury liability coverage which are sus- days after the event giving rise to such notification, tained: provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and a. by any person as a result of an offense directly 5.02. or indirectly related to the employment of such 5.02 Licensed Sureties and Insurers person by Contractor, or b.by any other person for any other reason; A. All bonds and insurance required by the Contract Documents to be purchased and maintained by 5. claims for damages, other than to the Work Owner or Contractor shall be obtained from surety or itself, because of injury to or destruction of tangible insurance companies that are duly licensed or authorized property wherever located, including loss of use resulting in the jurisdiction in which the Project is Iocated to issue therefrom; and bonds or insurance policies for the limits and coverages SO required. Such surety and insurance companies shall 6.claims for damages because of bodily injury or also meet such additional requirements and qualifications death of any person or property damage arising out of the as may be provided in the Supplementary Conditions. ownership,maintenance or use of any motor vehicle. 5.03 Certificates of Insurance B. The policies of insurance required by this Paragraph 5.04 shall: A. Contractor shall deliver to Owner,with copies to each additional insured identified in the Supplementary 1. with respect to insurance required by Conditions, certificates of insurance (and other evidence Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include of insurance requested by Owner or any other additional as additional insured (subject to any customary exclusion insured) which Contractor is required to purchase and regarding professional liability) Owner and Engineer, and maintain. any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- AB. Owner shall deliver to Contractor, with copies tional insureds, and include coverage for the respective to each additional insured identified in the Supplementary officers, directors, partners, employees, agents, Conditions, certificates of insurance (and other evidence consultants and subcontractors of each and any of all such of insurance requested by Contractor or any other additional insureds, and the insurance afforded to these additional insured) which Owner is required to purchase additional insureds shall provide primary coverage for all and maintain. claims covered thereby; 5.04 Contractor's Liability Insurance 2. include at least the specific coverages and be written for not less than the limits of liability provided in A. Contractor shall purchase and maintain such the Supplementary Conditions or required by Laws or liability and other insurance as is appropriate for the Regulations,whichever is greater; Work being performed and as will provide protection EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National society of Professional Engineers for EJCDC. All rights reserved. 00700-14 3. include completed operations insurance; 2. be written on a Builder's Risk "all-risk" or no open peril or special causes of loss policy form that shall 4, include contractual liability insurance at least include insurance for physical loss or damage to covering Contractor's indemnity obligations under the Work, temporary buildings, false work, and materials Paragraphs 6.11 and 6.20: and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, 5. contain a provision or endorsement that the extended coverage, theft, vandalism and malicious coverage afforded will not be canceled, materially rruschief, earthquake, collapse, debris removal, changed or renewal refused until at least 30 days prior demolition occasioned by enforcement of Laws and op written notice has been given to Owner and Contractor Regulations, water damage, (other than caused by flood) and to each other additional insured identified in the and such other perils or causes of loss as may be specifi op - Supplementary Conditions to whom a certificate of tally required by the Supplementary Conditions; insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to 3. include expenses incurred in the repair or Paragraph 5.03 will so provide); replacement of any insured property (including but not limited to fees and charges of engineers and architects); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be 4. cover materials and equipment stored at the correcting, removing, or replacing defective Work in Site or at another location that was agreed to in writing by accordance with Paragraph 13.07;and Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in 7. with respect to completed operations insur- an Application for Payment recommended by Engineer; ante, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after 5. allow for partial utilization of the Work by final payment. Owner; a. Contractor shall furnish Owner and each other 6. include testing and startup; and additional insured identified in the Supple- mentary Conditions. to whom a certificate of 7. be maintained in effect until final payment is insurance has been issued, evidence satisfactory made unless otherwise agreed to in writing by•Owner, to Owner and any such additional insured of Contractor, and Engineer with 30 days written notice to continuation of such insurance at final payment each other additional insured to whom a certificate of fP and one year thereafter. insurance has been issued. IF 5.05 Owner's Liability Insurance B. Owner shall purchase and maintain such boiler and machinery insurance or additional property A. In addition to the insurance required to be insurance as may be required by the Supplementary provided by Contractor under Paragraph 5.04, Owner, at Conditions or Laws and Regulations which will include Owner's option, may purchase and maintain at Owner's the interests of Owner, Contractor, Subcontractors, and expense Owner's own liability insurance as will protect Engineer, and any other individuals or entities identified Owner against claims which may arise from operations in the Supplementary Conditions, and the officers, under the Contract Documents. directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is 4P 5.06 Property Insurance deemed to have an insurable interest and shall be listed as an insured or additional insured. A. Unless otherwise provided in the Supple mentary Conditions, Owner shall purchase and maintain C. All the policies of insurance (and the certifi- 4P property insurance upon the Work at the Site in the cates or other evidence thereof) required to be purchased amount of the full replacement cost thereof (subject to and maintained in accordance with Paragraph 5.06 will IF such deductible amounts as may be provided in the contain a provision or endorsement that the coverage Supplementary Conditions or required by Laws and afforded will not be canceled or materially changed or 4F Regulations).This insurance shall: renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other 1. include the interests of Owner, Contractor, additional insured to whom a certificate of insurance has Subcontractors, and Engineer, and any other individuals been issued and will contain waiver provisions in actor- or entities identified in the Supplementary Conditions, dance with Paragraph 5.07. and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, D. Owner shall not be responsible for purchasing each of whom is deemed to have an insurable interest and and maintaining any property insurance specified in this shall be listed as an insured or additional insured; Paragraph 5.06 to protect the interests of Contractor, Subcontractors; or others in the Work to the extent of any £JCDC C-700 Standard General Conditions of the Construction Contract. Copyright(D 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 deductible amounts that are identified in the Supple- 1. loss due to business interruption, loss of use, mentary Conditions. The risk of loss within such or other consequential loss extending beyond direct identified deductible amount will be borne by Contractor, physical loss or damage to Owner's property or the Work �. Subcontractors, or others suffering any such loss, and if caused by, arising out of, or resulting from fire or other any of them wishes property insurance coverage within perils whether or not insured by Owner;and the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from E. If Contractor requests in writing that other fire or other insured peril or cause of loss covered by any special insurance be included in the property insurance property insurance maintained on the completed Project policies provided under Paragraph 5.06, Owner shall, if or part thereof by Owner during partial utilization possible. include such insurance, and the cost thereof will pursuant to Paragraph 14.05,after Substantial Completion be charged to Contractor by appropriate Change Order. pursuant to Paragraph 14.04, or after final payment h Prior to commencement of the Work at the Site, Owner pursuant to Paragraph 14.07. shall in writing advise Contractor whether or not such other insurance has been procured by Owner. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred 5.07 3aiver of Rights to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss. A. Owner and Contractor intend that all policies damage, or consequential loss, the insurers will have no purchased in accordance with Paragraph 5.06 will protect rights of recovery against Contractor, Subcontractors, or 1 Owner, Contractor, Subcontractors, and Engineer, and all Engineer, and the officers, directors,partners, employees, other individuals or entities identified in the Supple- agents, consultants and subcontractors of each and any of mentary Conditions to be listed as insureds or additional them. I� insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of 5.08 Receipt and Application of Insurance Proceeds them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes A. Any insured loss under the policies of �! of loss covered thereby. All such policies shall contain insurance required by Paragraph 5.06 will be adjusted provisions to the effect that in the event of payment of with Owner and made payable to Owner as fiduciary for any loss or damage the insurers will have no rights of the insureds, as their interests may appear, subject to the recovery against any of the insureds or additional insureds requirements of any applicable mortgage clause and of thereunder. Owner and Contractor waive all rights against Paragraph 5.08.13. Owner shall deposit in a separate each other and their respective officers, directors, account any money so received and shall distribute it in partners, employees, agents, consultants and accordance with such agreement as the parties in interest subcontractors of each and any of them for all losses and may reach. If no other special agreement is reached, the damages caused by,arising out of or resulting from any of damaged Work shall be repaired or replaced, the moneys the perils or causes of loss covered by such policies and so received applied on account thereof, and the Work and 1 any other property insurance applicable to the Work; and, the cost thereof covered by an appropriate Change Order. in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities B. Owner as fiduciary shall have power to adjust identified in the Supplementary Conditions to be listed as and settle any loss with the insurers unless one of the 1 insured or additional insured (and the officers, directors, parties in interest shall object in writing within 15 days ® partners, employees, agents, consultants and after the occurrence of loss to Owner's exercise of this subcontractors of each and any of them) under such power. If such objection be made, Owner as frduciary }� policies for losses and damages so caused. None of the shall make settlement with the insurers in accordance with above waivers shall extend to the rights that any parry such agreement as the parties in interest may reach. If no making such waiver may have to the proceeds of such agreement among the parties in interest is reached, insurance held by Owner as trustee or otherwise payable Owner as fiduciary shall adjust and settle the loss with the }� under any policy so issued. insurers and, if required in writing by any party in J interest, Owner as fiduciary shall give bond for the proper B. Owner waives all rights against Contractor, performance of such duties. Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and 5.09 Acceptance of Bonds and Insurance; Option to subcontractors of each and any of them for: Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright®2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 Documents, the objecting party shall so notify the other received from the superintendent shall be binding on party in writing within 10 days after receipt of the Contractor. up certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each 6.02 Labor; Working Hours wo provide to the other such additional information in respect of insurance provided as the other may reasonably A. Contractor shall provide competent, suitably so request. If either party does not purchase or maintain all qualified personnel to survey and lay out the Work and of the bonds and insurance required of such parry by the perform construction as required by the Contract Docu- so Contract Documents, such party shall notify the other ments. Contractor shall at all times maintain good disci. party in writing of such failure to purchase prior to the pline and order at the Site. start of the Work, or of such failure to maintain prior to any change in the required coverage.Without prejudice to B. Except as otherwise required for the safety or so any other right or remedy, the other party may elect to protection of persons or the Work or property at the Site obtain equivalent bonds or insurance to protect such other or adjacent thereto, and except as otherwise stated in the go party's interests at the expense of the party who was Contract Documents, all Work at the Site shall be required to provide such coverage, and a Change Order performed during regular working hours. Contractor will go shall be issued to adjust the Contract Price accordingly. not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written so 5.10 Partial Utilization, Acknowledgment of Property consent (which will not be unreasonably withheld) given Insurer after prior written notice to Engineer. as A.If Owner finds it necessary to occupy or use a 6.03 Services, Materials, and Equipment am ' portion or portions of the Work prior to Substantial am Completion of all the Work as provided in Paragraph A. Unless otherwise specified in the Contract 14.05, no such use or occupancy shall commence before Documents, Contractor shall provide and assume full ON the insurers providing the property insurance pursuant to responsibility for all services,materials, equipment,labor, Paragraph 5.06 have acknowledged notice thereof and in transportation, construction equipment and machinery, writing effected any changes in coverage necessitated tools, appliances, fuel, power, light, heat, telephone, on the The insurers providing the property insurance water,sanitary facilities,temporary facilities,and all other on shall consent by endorsement on the policy or policies, facilities and incidentals necessary for the performance, but the property insurance shall not be canceled or testing,start-up, and completion of the Work. 0-0 permitted to lapse on account of any such partial use or occupancy. 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 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, 6.01 Supervision and Superintendence Contractor shall furnish satisfactory evidence (including J reports of required tests) as to the source, kind, and A. Contractor shall supervise, inspect, and direct quality of materials and equipment. the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as C. All materials and equipment shall be stored, may be necessary to perform the Work in accordance with applied, installed, connected, erected, protected, used, the Contract Documents. Contractor shall be solely cleaned, and conditioned in accordance with instructions responsible for the means, methods, techniques, of the applicable Supplier, except as otherwise may be sequences, and procedures of construction. Contractor provided in the Contract Documents. shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific 6.04 Progress Schedule means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly A. Contractor shall adhere to the Progress required by the Contract Documents. Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided B. At all times during the progress of the Work, below. Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 is 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) 2) it will conform substantially to the proposed adjustments in the Progress Schedule that will detailed requirements of the item named in the not result in changing the Contract Times. Such adjust- Contract Documents. ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Substitute Items 2. Proposed adjustments in the Progress a. If in Engineer's sole discretion an item of Schedule that will change the Contract Times shall be material or equipment proposed by Contractor submitted in accordance with the requirements of Article does not qualify as an "or-equal" item under . 12. Adjustments in Contract Times may only be made by Paragraph 6.05.A.1, it will be considered a a Change Order. proposed substitute item. • 6.05 Substitutes and "Or-Equals" b. Contractor shall submit sufficient information as provided below to allow Engineer to A. Whenever an item of material or equipment is determine that the item of material or equipment . specified or described in the Contract Documents by proposed is essentially equivalent to that named using the name of a proprietary item or the name of a and an acceptable substitute therefor. Requests particular Supplier, the specification or description is for review of proposed substitute items of intended to establish the type, function, appearance, and material or equipment will not be accepted by ' quality required. Unless the specification or description Engineer from anyone other than Contractor. contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is c. The requirements for review by Engineer will perrmtted, other items of material or equipment or be as set forth in Paragraph 6.05.A.2.d, as . material or equipment of other Suppliers may be supplemented in the General Requirements and submitted to Engineer for review under the circumstances as Engineer may decide is appropriate under the described below. circumstances. . 1. "Or-Equal" Items: If in Engineer's sole d. Contractor shall make written application to discretion an item of material or equipment proposed by Engineer for review of a proposed substitute item . Contractor is functionally equal to that named and of material or equipment that Contractor seeks to sufficiently similar so that no change in related Work will furnish or use. The application: be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the 1) shall certify that the proposed substi- proposed item may, in Engineer's sole discretion, be tute item wiII: accomplished without compliance with some or all of the requirements for approval of proposed substitute items. a)perform adequately the functions and For the purposes of this Paragraph 6.05.A.1, a proposed achieve the results called for by the item of material or equipment will be considered general design, . functionally equal to an item so named if: b} be similar in substance to that a. in the exercise of reasonable judgment specified,and Engineer determines that: c) be suited to the same use as that 1) it is at least equal in materials of specified; construction, quality, durability, appearance, strength,and design characteristics; 2)will state: 2) it will reliably perform at least a)the extent, if any, to which the use of equally well the function and achieve the results the proposed substitute item will preju- imposed by the design concept of the completed dice Contractor's achievement of Project as a functioning whole, Substantial Completion on time; 3)it has a proven record of performance b) whether or not use of the proposed and availability of responsive service;and substitute item in the Work will require a change in any of the Contract Docu- b. Contractor certifies that, if approved and ments (or in the provisions of any other incorporated into the Work: direct contract with Owner for other work on the Project)to adapt the design ® 1) there will be no increase in cost to to the proposed substitute item;and the Owner or increase in Contract Times,and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright®2002 National Society of Professional Engineers for EJCDC. All rights reserved. . 00700-18 c) whether or not incorporation or use Documents (or in the provisions of any other direct of the proposed substitute item in con- contract with Owner) resulting from the acceptance of nection with the Work is subject to each proposed substitute. 00 payment of any license fee or royalty; ' F. Contractor's Expense: Contractor shall 3)will identify: provide all data in support of any proposed substitute or "or-equal"at Contractor's expense, a) all variations of the proposed VP substitute item from that specified,and 6.06 Concerning Subcontractors, Suppliers, and Others b) available engineering, sales, op maintenance, repair, and replacement A. Contractor shall not employ any Subcon- 4P services; tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 4) and shall contain an itemized esti- 6.06.13), whether initially or as a replacement, against mate of all costs or credits that will result whom Owner may have reasonable objection. Contractor directly or indirectly from use of such substitute shall not be required to employ any Subcontractor, item, including costs of redesign and claims of Supplier, or other individual or entity to furnish or other contractors affected by any resulting perform any of the Work against whom Contractor has change, reasonable objection. 1 B. Substitute Construction Methods or Proce- B. If the Supplementary Conditions require the 4P dures: If a specific means, method, technique, sequence, identity of certain Subcontractors, Suppliers, or other or procedure of construction is expressly required by the individuals or entities to be submitted to Owner in am Contract Documents, Contractor may furnish or utilize a advance for acceptance by Owner by a specified date substitute means, method, technique, sequence, or prior to the Effective Date of the Agreement, and if procedure of construction approved by Engineer. Contractor has submitted a list thereof in accordance with Contractor shall submit sufficient information to allow the Supplementary Conditions, Owner's acceptance Engineer, in Engineer's sole discretion, to determine that (either in writing or by failing to make written objection the substitute proposed is equivalent to that expressly thereto by the date indicated for acceptance or objection called for by the Contract Documents. The requirements in the Bidding Documents or the Contract Documents) of for review by Engineer will be similar to those provided any such Subcontractor, Supplier, or other individual or in Paragraph 6.05.A.2. entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall C. Engineer's Evaluation: Engineer will be submit an acceptable replacement for the rejected allowed a reasonable time within which to evaluate each Subcontractor, Supplier, or other individual or entity, and proposal or submittal made pursuant to Paragraphs 6.05.A the Contract Price will be adjusted by the difference in the and 6.05.B. Engineer may require Contractor to furnish cost occasioned by such replacement, and an appropriate additional data about the proposed substitute item. Change Order will be issued .No acceptance by Owner of J Engineer will be the sole judge of acceptability. No "or any such Subcontractor, Supplier, or other individual or equal" or substitute will be ordered, installed or utilized entity, whether initially or as a replacement, shall consti- until Engineer's review is complete, which will be tute a waiver of any right of Owner or Engineer to reject evidenced by either a Change Order for a substitute or an defective Work. approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative C.Contractor shall be fully responsible to Owner determination. and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or D. Special Guarantee: Owner may require entities performing or furnishing any of the Work just as Contractor to furnish at Contractor's expense a special Contractor is responsible for Contractor's own acts and performance guarantee or other surety with respect to any omissions.Nothing in the Contract Documents: substitute. 1. shall create for the benefit of any such E. Engineer's Cost Reimbursement: Engineer Subcontractor, Supplier, or other individual or entity any J will record Engineer's costs in evaluating a substitute contractual relationship between Owner or Engineer and proposed or submitted by Contractor pursuant to any such Subcontractor, Supplier or other individual or Paragraphs 6.05.A.2 and 6.05.E Whether or not Engineer entity,nor approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the 2. shall anything in the Contract Documents charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or substitute. Contractor shall also reimburse Owner for the Engineer to pay or to see to the payment of any moneys charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 I� or entity except as may otherwise be required by Laws B. To the fullest extent permitted by Laws and and Regulations. Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers,directors, i� D. Contractor shall be solely responsible for partners, employees, agents, consultants and scheduling and coordinating the Work of Subcontractors, subcontractors of each and any of them from and against Suppliers, and other individuals or entities performing or all claims, costs, losses, and damages (including but not furnishing any of the Work under a direct or indirect limited to all fees and charges of engineers, architects, i� contract with Contractor. attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of E. Contractor shall require all Subcontractors, or relating to any infringement of patent rights or Suppliers, and such other individuals or entities per- copyrights incident to the use in the performance of the forming or furnishing any of the Work to communicate Work or resulting from the incorporation in the Work of ■ with Engineer through Contractor, any invention, design, process, product, or device not specified in the Contract Documents. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not 6.08 Permits control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be A. Unless otherwise provided in the Supple- performed by any specific trade. mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist G. All Work performed for Contractor by a Contractor, when necessary, in obtaining such permits Subcontractor or Supplier will be pursuant to an appro- and licenses. Contractor shall pay all governmental priate agreement between Contractor and the charges and inspection fees necessary for the prosecution Subcontractor or Supplier which specifically binds the of the Work which are applicable at the time of opening I� Subcontractor or Supplier to the applicable terms and of Bids, or, if there are no Bids, on the Effective Date of conditions of the Contract Documents for the benefit of the Agreement. Owner shall pay all charges of utility Owner and Engineer. Whenever any such agreement is owners for connections for providing permanent service with a Subcontractor or Supplier who is listed as an to the Work. additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor 6.09 Laws and Regulations ® and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights A. Contractor shall give all notices required by against Owner, Contractor, and Engineer„ and all other and shall comply with all Laws and Regulations applica- individuals or entities identified in the Supplementary ble to the performance of the Work. Except where Conditions to be listed as insureds or additional insureds otherwise expressly required by applicable Laws and (and the officers, directors, partners, employees, agents, Regulations, neither Owner nor Engineer shall be consultants and subcontractors of each and any of them) responsible for monitoring Contractor's compliance with for all losses and damages caused by, arising out of, any Laws or Regulations. relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property B. If Contractor performs any Work knowing or insurance applicable to the Work. If the insurers on any having reason to know that it is contrary to Laws or such policies require separate waiver forms to be signed Regulations, Contractor shall bear all claims, costs, by any Subcontractor or Supplier, Contractor will obtain losses, and damages(including but not limited to all fees the same. and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute 6.07 Patent Fees and Royalties resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary A. Contractor shall pay all license fees and responsibility to make certain that the Specifications and royalties and assume all costs incident to the use in the Drawings are in accordance with Laws and Regulations, 1 performance of the Work or the incorporation in the Work but this shall not relieve Contractor of Contractor's of any invention, design, process, product, or device obligations under Paragraph 3.03. which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, C. Changes in Laws or Regulations not known at or device is specified in the Contract Documents for use the time of opening of Bids (or, on the Effective Date of in the performance of the Work and if to the actual the Agreement if there were no Bids)having an effect on knowledge of Owner or Engineer its use is subject to the cost or time of performance of the Work shall be the } patent rights or copyrights calling for the payment of any subject of an adjustment in Contract Price or Contract 1 license fee or royalty to others, the existence of such Times. If Owner and Contractor are unable to agree on rights shall be disclosed by Owner in the Contract entitlement to or on the amount or extent, if any, of any Documents. such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions ofthe Construction Contract. Copyright O 2002 national Societv of Professional Engineers for EJCDC. All rights reserved. 00700-20 VMr- D. Loading Structures: Contractor shall not load IV 6A0 Taxes nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall A. Contractor shall pay all sales, consumer, use, Contractor subject any part of the Work or adjacent and other similar taxes required to be paid by Contractor property to stresses or pressures that will endanger it. in accordance with the Laws and Regulations of the place of the Project which are applicable during the 6.12 Record Documents performance of the Work. A. Contractor shall maintain in a safe place at the 6.11 Use of Site and Other Areas Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field A. Limitation on Use of Site and Other Areas Orders, and written interpretations and clarifications in good order and annotated to show changes made during 1. Contractor shall confine construction equip- construction. These record documents together with all ment, the storage of materials and equipment, and the approved Samples and a counterpart of all approved Shop operations of workers to the Site and other areas Drawings will be available to Engineer for reference. permitted by Laws and Regulations, and shall not Upon completion of the Work, these record documents, unreasonably encumber the Site and other areas with Samples, and Shop Drawings will be delivered to Engi- construction equipment or other materials or equipment. neer for Owner. Contractor shall assume full responsibility for any 4P damage to any such land or area, or to the owner or 6.13 Safety and Protection occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- as 2. Should any claim be made by any such owner tions and programs in connection with the Work. or occupant because of the performance of the Work, Contractor shall take all necessary precautions for the no Contractor shall promptly settle with such other party by safety of, and shall provide the necessary protection to negotiation or otherwise resolve the claim by arbitration prevent damage, injury or loss to: 4P or other dispute resolution proceeding or at law. 1. all persons on the Site or who may be affected No 3. To the fullest extent permitted by Laws and by the Work; Regulations, Contractor shall indemnify and hold ap harmless Owner and Engineer, and the officers, directors, 2. all the Work and materials and equipment to partners, employees, agents, consultants and be incorporated therein, whether in storage on or off the subcontractors of each and any of them from and against Site; and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, 3. other property at the Site or adjacent thereto, attorneys, and other professionals and all court or including trees, shrubs, lawns, walks, pavements, arbitration or other dispute resolution costs) arising out of roadways, structures, utilities, and Underground Facilities or relating to any claim or action, legal or equitable, not designated for removal, relocation, or replacement in brought by any such owner or occupant against Owner, the course of construction. 4P Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance B. Contractor shall comply with all applicable of the Work. Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from B.Removal of Debris During Performance of the damage, injury, or loss; and shall erect and maintain all Work: During the progress of the Work Contractor shall necessary safeguards for such safety and protection. keep the Site and other areas free from accumulations of Contractor shall notify owners of adjacent property and of waste materials, rubbish, and other debris. Removal and Underground Facilities and other utility owners when disposal of such waste materials,rubbish, and other debris prosecution of the Work may affect them, and shall shall conform to applicable Laws and Regulations. cooperate with them in the protection, removal, relocation,and replacement of their property. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work C. All damage, injury, or loss to any property and make it ready for utilization by Owner. At the com- referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, pletion of the Work Contractor shall remove from the Site directly or indirectly, in whole or in part, by Contractor, all tools, appliances, construction equipment and any Subcontractor, Supplier, or any other individual or machinery, and surplus materials and shall restore to entity directly or indirectly employed by any of them to original condition all property not designated for perform any of the Work,or anyone for whose acts any of alteration by the Contract Documents. them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2t ings or Specifications or to the acts or omissions of � P b. Data shown on the Shop Drawings will be 'R Owner or Engineer or , or anyone employed by any of complete with respect to quantities, dimensions, them, or anyone for whose acts any of them may be specified performance and design cntena, fable,and not attributable,directly or indirectly,in whole materials, and similar data to show Engineer the or in part, to the fault or negligence of Contractor or any services, materials, and equipment Contractor Subcontractor, Supplier, or other individual or entity proposes to provide and to enable Engineer to directly or indirectly employed by any of them). review the information for the limited purposes required by Paragraph 6.17.D. D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until 2. Samples: Contractor shall also submit such time as all the Work is completed and Engineer has Samples to Engineer for review and approval in accor- !� issued a notice to Owner and Contractor in accordance dance with the acceptable schedule of Shop Drawings and with Paragraph 14.07.13 that the Work is acceptable Sample submittals. (except as otherwise expressly provided in connection with Substantial Completion). a. Submit number of Samples specified in the �i Specifications. 6.14 Safer,Representative + b. Clearly identify each Sample as to material, A. Contractor shall designate a qualified and Supplier,pertinent data such as catalog numbers, experienced safety representative at the Site whose duties the use for which intended and other data as and responsibilities shall be the prevention of accidents Engineer may require to enable Engineer to ` and the maintaining and supervising of safety precautions review the submittal for the limited purposes and programs. required by Paragraph 6.17.D. 6.15 Hazard Communication Programs B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals A. Contractor shall be responsible for coordi- , any related Work performed prior to Engineer's review nating any exchange of material safety data sheets or and approval of the pertinent submittal will be at the sole I� other hazard communication information required to be expense and responsibility of Contractor. made available to or exchanged between or among employers at the Site in accordance with Laws or C. Submittal Procedures IL Regulations. I. Before submitting each Shop Drawing or 6.16 Emergencies Sample,Contractor shall have determined and verified: A. In emergencies affecting the safety or protec- a.all field measurements,quantities, dimensions, m) tion of persons or the Work or property at the Site or specified performance and design criteria, adjacent thereto, Contractor is obligated to act to prevent installation requirements, materials, catalog threatened damage, injury, or loss. Contractor shall give numbers, and similar information with respect Engineer prompt written notice if Contractor believes that thereto; M any significant changes in the Work or variations from the Contract Documents have been caused thereby or are b. the suitability of all materials with respect to �Mi required as a result thereof. If Engineer determines that a intended use, fabrication, shipping, handling, change in the Contract Documents is required because of storage, assembly, and installation pertaining to �i the action taken by Contractor in response to such an the performance of the Work; emergency, a Work Change Directive or Change Order will be issued. c. all information relative to Contractor's responsibilities for means, methods, techniques, 6.17 Shop Drawings and Samples sequences, and procedures of construction, and safety precautions and programs incident thereto, A. Contractor shall submit Shop Drawings and and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as d. shall also have reviewed and coordinated each required by Paragraph 2.07). Each submittal will be Shop Drawing or Sample with other Shop identified as Engineer may require. Drawings and Samples and with the Prequirements of the Work and the Contract 1. Shop Drawings Documents. Pa. Submit number of copies specified 'in the 2. Each submittal shall bear a stamp or specific PGeneral Requirements. written certification that Contractor has satisfied Contractor's obligations under the Contract Documents MEJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society or Professional Engineers for EJCDC. All rights reserved. P 00700-22 with respect to Contractor's review and approval of that disagreements with Owner. No Work shall be delayed or subrruttal. postponed pending resolution of any disputes or disagreements,except as permitted by Paragraph 15.04 or 3. With each submittal, Contractor shall give as Owner and Contractor may otherwise agree in writing. Engineer specific written notice of any variations,that the Shop Drawing or Sample may have from the requirements 6.19 Contractor's General Warranty and Guararuee of the Contract Documents. This notice shall be both a ap written communication separate from the Shop Drawing's A. Contractor warrants and guarantees to Owner or Sample Submittal; and, in addition, by a specific that all Work will be in accordance with the Contract notation made on each Shop Drawing or Sample submit- Documents and will not be defective. Engineer and its led to Engineer for review and approval of each such Related Entities shall be entitled to rely on representation variation. of Contractor's warranty and guarantee. D. Engineer's Review B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. Engineer will provide timely review of Shop �■ Drawings and Samples in accordance with the Schedule 1. abuse, modification, or improper maintenance !� of Submittals acceptable to Engineer. Engineer's review or operation by persons other than Contractor, Sub- and approval will be only to determine if the items contractors,Suppliers,or any other individual or entity for covered by the submittals will, after installation or whom Contractor is responsible; or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with 2. normal wear and tear under normal usage. the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- C. Contractor's obligation to perform and ments. complete the Work in accordance with the Contract Documents shall be absolute. None of the following will 4P 2. Engineer's review and approval will not constitute an acceptance of Work that is not in accordance extend to means, methods, techniques, sequences, or with the Contract Documents or a release of Contractor's procedures of construction (except where a particular obligation to perform the Work in accordance with the means,method,technique, sequence, or procedure of con- Contract Documents: ON struction is specifically and expressly called for by the Contract Documents)or to safety precautions or programs 1. observations by Engineer; ON incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in 2. recommendation by Engineer or payment by which the item functions. Owner of any progress or final payment; 3. Engineer's review and approval shall not 3. the issuance of a certificate of Substantial 4P relieve Contractor from responsibility for any variation Completion by Engineer or any payment related thereto from the requirements of the Contract Documents unless by Owner; Contractor has complied with the requirements of 4P Paragraph 6.17.C.3 and Engineer has given written 4. use or occupancy of the Work or any part approval of each such variation by specific written thereof by Owner; am notation thereof incorporated in or accompanying the Shop Drawing or Sample.Engineer's review and approval 5.any review and approval of a Shop Drawing or to shall not relieve Contractor from responsibility for Sample submittal or the issuance of a notice of acceptabil- complying with the requirements of Paragraph 6.17.C.1. ity by Engineer; E.Resubmittal Procedures 6.any inspection,test,or approval by others;or 1. Contractor shall make corrections required by 7. any correction of defective Work by Owner. Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, 6.20 Indemnification am new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than A. To the fullest extent permitted by Laws and so the corrections called for by Engineer on previous Regulations, Contractor shall indemnify and hold submittals. harmless Owner and Engineer,and the officers, directors, partners, employees, agents, consultants and 6.18 Continuing the Work subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not A. Contractor shall carry on the Work and adhere limited to all fees and charges of engineers, architects, to the Progress Schedule during all disputes or attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright®2002;rational Society of Professional Engineers for EJCDC. All rights reserved. 00700-23 • arbitration or other dispute resolution costs) arising out of shall appear on all drawings, calculations, specifications, j�. or relating to the performance of the Work, provided that certifications, Shop Drawings and other submittals any such claim, cost, loss, or damage is attributable to prepared by such professional. Shop Drawings and other i`. bodily injury,sickness,disease, or death, or to injury to or submittals related to the Work designed or certified by destruction of tangible property (other than the Work such professional, if prepared by others, shall bear such ., itself), including the loss of use resulting therefrom but professional's written approval when submitted to only to the extent caused by any negligent act or omission Engineer. of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any C. Owner and Engineer shall be entitled to rely 0: of them to perform any of the Work or anyone for whose upon the adequacy, accuracy and completeness of the I acts any of them maybe liable . services, certifications or approvals performed by such is., design professionals, provided Owner and Engineer have B. In any and all claims against Owner or specified to Contractor all performance and design criteria Engineer or any of their respective consultants, agents, that such services must satisfy. officers,directors, partners, or employees by any employ- ee (or the survivor or personal representative of such D. Pursuant to this Paragraph 6.21, Engineer's employee) of Contractor, any Subcontractor, any review and approval of design calculations and design Supplier, or any individual or entity directly or indirectly drawings will be only for the limited purpose of checking employed by any of them to perform any of the Work, or for conformance with performance and design criteria �I anyone for whose acts any of them may be liable, the given and the design concept expressed in the Contract indemnification obligation under Paragraph 6.20.A shall Documents. Engineer's review and approval of Shop not be limited in any way by any limitation on the amount Drawings and other submittals(except design calculations or type of damages, compensation, or benefits payable by and design drawings) will be only for the purpose stated or for Contractor or any such Subcontractor, Supplier, or in Paragraph 6.17.D.I. other individual or entity under workers' compensation iacts, disability benefit acts, or other employee benefit E. Contractor shall not be responsible for the acts. adequacy of the performance or design criteria required by the Contract Documents. �) C.The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, ARTICLE 7-OTHER WORK AT THE SITE employees, agents, consultants and subcontractors arising out of: 7.01 Related Work at Site 1.the preparation or approval of,or the failure to prepare or approve, maps, Drawings, opinions, reports, A. Owner may perform other work related to the � surveys,Change Orders,designs,or Specifications;or Project at the Site with Owner's employees, or via other` j direct contracts therefor,or have other work performed by 2. giving directions or instructions, or failing to utility owners. If such other work is not noted in the Con- give them, if that is the primary cause of the injury or tract Documents, then: �i damage. 1. written notice thereof will be given to 6.21 Delegation of Professional Design Services Contractor prior to starting any such other work;and !!0) A. Contractor will not be required to provide 2. if Owner and Contractor are unable to agree professional design services unless such services are on entitlement to or on the amount or extent. if any, of Mi specifically required by the Contract Documents for a any adjustment in the Contract Price or Contract Times portion of the Work or unless such services are required that should be allowed as a result of such other work; a Di to carry out Contractor's responsibilities for construction Claim may be made therefor as provided in Paragraph means, methods, techniques, sequences and procedures. 10.05. �- Contractor shall not be required to provide professional services in violation of applicable law. B. Contractor shall afford each other contractor who is a party to such a direct contract,each utility owner B. if professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees,proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of 1� Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright®2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 properly integrate with such other work. Contractor shall ARTICLE 8 - OWNER'S RESPONSIBILITIES not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the 8.01 Communications to Contractor others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for A. Except as otherwise provided in these General the benefit of such utility owners and other contractors to Conditions, Owner shall issue all communications to the extent that there are comparable provisions for the Contractor through Engineer. benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 8.02 Replacement of Engineer C. If the proper execution or results of any part A. In case of termination of the employment p yment of of Contractor's Work depends upon work performed by Engineer, Owner shall appoint an engineer to whom others under this Article 7, Contractor shall inspect such Contractor makes no reasonable objection, whose status other work and promptly report to Engineer in writing any under the Contract Documents shall be that of the former delays, defects, or deficiencies in such other work that Engineer. render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's 8.03 Furnish Data failure to so report will constitute an acceptance of such other work as fit and proper for integration with A. Owner shall promptly furnish the data Contractor's Work except for latent defects and required of Owner under the Contract Documents. deficiencies in such other work. 8.04 Pay When Due 7.02 Coordination A. Owner shall make payments to Contractor A. If Owner intends to contract with others for when they are due as provided in Paragraphs 14.02.0 and the performance of other work on the Project at the Site, 14.07.C. the following will be set forth in Supplementary Condi- tions: 8.05 Lands and Easements:Reports and Tests 1. the individual or entity who will have A. Owner's duties in respect of providing lands authority and responsibility for coordination of the and easements and providing engineering surveys to am activities among the various contractors will be identified; establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying am 2. the specific matters to be covered by such and making available to Contractor copies of reports of on authority and responsibility will be itemized; and explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing an 3. the extent of such authority and responsibili- surface or subsurface structures at or contiguous to the ties will be provided. Site that have been utilized by Engineer in preparing the ON Contract Documents. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole 8.06 Insurance on authority and responsibility for such coordination. A. Owner's responsibilities, if any, in respect to do 7.03 Legal Relationships purchasing and maintaining liability and property insur- an ante are set forth in Article 5. A.Paragraphs 7.0 LA and 7.02 are not applicable so for utilities not under the control of Owner. 8.07 Change Orders B. Each other direct contract of Owner under A. Owner is obligated to execute Change Orders Paragraph 7.01.A shall provide that the other contractor is as indicated in Paragraph 10.03. liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a 8.08 Inspections, Tests,and Approvals result of the other contractor's actions or inactions. A. Owner's responsibility in respect to certain C. Contractor shall be liable to Owner and any inspections, tests, and approvals is set forth in Paragraph other contractor for the reasonable direct delay and 13.033. disruption costs incurred by such other contractor as a result of Contractor's action or inactions. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 partiality to Owner or Contractor and will not be liable in 9.06 Shop Drawings, Change Orders and Payments connection with any interpretation or decision rendered in A. In connection with Engineer's authority, and good faith in such capacity. limitations thereof,as to Shop Drawings and Samples,see 9.09 Limitations on Engineer's Authority and Paragraph 6.17. Responsibilities B. In connection with Engineer's authority, and A. Neither Engineer's authority or responsibility drawings submitted in response to a delegation of limitations thereof, as to design calculations and design under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer professional design services,if any,see Paragraph 6.21. in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or C. In connection with Engineer's authority as to performance of any authority or responsibility by Change Orders,see Articles 10, 11,and 12. Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to D. In connection with Engineer's authority as to Contractor, any Subcontractor, any Supplier, any other Applications for Payment, see Article 14. individual or entity, or to any surety for or employee or 9.07 Determinations for Unit Price Work agent of any of them. B. Engineer will not supervise,direct, control,or A. Engineer will detemiine the actual quantities have authority over or be responsible for Contractor's and classifications of Unit Price Work performed by means, methods, techniques, sequences, or procedures of Contractor. Engineer will review with Contractor the construction, or the safety precautions and programs Engineer's preliminary determinations on such matters incident thereto, or for any failure of Contractor to before rendering a written decision thereon (by comply with Laws and Regulations applicable to the recommendation of an Application for Payment or performance of the Work. Engineer will not be respon- otherwise). Engineer's written decision thereon will be sible for Contractor's failure to perform the Work in final and binding (except as modified by Engineer to accordance with the Contract Documents. l reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of C. Engineer will not be responsible for the acts Paragraph 10.05. or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing 9.08 Decisions on Requirements of Contract any of the Work. Documents and Acceptability of Work D. Engineer's review of the final Application for A. Engineer will be the initial interpreter of the Payment and accompanying p ying documentation and all requirements of the Contract Documents and judge of the maintenance and operating instructions, schedules, acceptability of the Work thereunder. All matters in guarantees, bonds, certificates of inspection, tests and question and other matters between Owner and Contractor approvals, and other documentation required to be arising prior to the date final payment is due relating to delivered by Paragraph 14.07.A will only be to determine the acceptability of the Work,and the interpretation of the generally that their content complies with the require- requirements of the Contract Documents pertaining to the ments of, and in the case of certificates of inspections, performance of the Work, will be referred initially to tests, and approvals that the results certified indicate Engineer in writing within 30 days of the event giving rise compliance with the Contract Documents. to the question E. The limitations upon authority and responsi- B. Engineer will, with reasonable promptness, bility set forth in this Paragraph 9.09 shall also apply to, render a written decision on the issue referred. If Owner the Resident Project Representative,if any, and assistants, or Contractor believe that any such decision entitles them if any. to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the ARTICLE 10-CHANGES IN THE WORK;CLAIMS event giving rise to the issues referenced for the purposes Of Paragraph 10.05.B. C. Engineer's written decision on the issue 10.01 Authorized Changes in the Work referred will be final and binding on Owner and A. Without invalidating the Contract and without Contractor,subject to the provisions of Paragraph 10.05. notice to any surety,Owner may,at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Societv of Professional Engineers for EJCDC. All rights reserved. 00700-27 promptly proceed with the Work involved which will be 10.05 Claims P performed under the applicable conditions of the Contract Documents(except as otherwise specifically provided). A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09,shall be B. If Owner and Contractor are unable to agree referred to the Engineer for decision. A decision by on entitlement to,or on the amount or extent,if any,of an Engineer shall be required as a condition precedent to any adjustment in the Contract Price or Contract Times, or exercise by Owner or Contractor of any rights or remedies both,that should be allowed as a result of a Work Change either may otherwise have under the Contract Documents Directive, a Claim may be made therefor as provided in or by Laws and Regulations in respect of such Claims. Paragraph 10.05. B. Notice: Written notice stating the general 10.02 Unauthorized Changes in the Work nature of each Claim,shall be delivered by the claimant to Engineer and the other party to the Contract promptly(but A.Contractor shall not be entitled to an increase in no event later than 30 days) after the start of the event in the Contract Price or an extension of the Contract giving rise thereto. The responsibility to substantiate a Times with respect to any work performed that is not Claim shall rest with the party making the Claim. Notice required by the Contract Documents as amended, of the amount or extent of the Claim, with supporting data modified,or supplemented as provided in Paragraph 3.04, shall be delivered to the Engineer and the other party to except in the case of an emergency as provided in the Contract within 60 days after the start of such event Paragraph 6.16 or in the case of uncovering Work as (unless Engineer allows additional time for claimant to provided in Paragraph 13.04.13. submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall 10.03 Execution of Change Orders be prepared in accordance with the provisions of Paragraph 12.0I I.B.A Claim for an adjustment in Contract A. Owner and Contractor shall execute appropri- Time shall be prepared in accordance with the provisions ate Change Orders recommended by Engineer covering: of Paragraph 12.023. Each Claim shall be accompanied by claimant's written statement that the adjustment 1. changes in the Work which are: (i) ordered by claimed is the entire adjustment to which the claimant Owner pursuant to Paragraph 10.01.A, (ii) required believes it is entitled as a result of said event. The because of acceptance of defective Work under Paragraph opposing party shall submit any response to Engineer and 10 13.08.A or Owner's correction of defective Work under the claimant within 30 days after receipt of the claimant's Paragraph 13.09,or(iii)agreed to by the parties; last submittal(unless Engineer allows additional time). 2. changes in the Contract Price or Contract C.Engineer's Action: Engineer will review each Times which are agreed to by the parties, including any Claim and, within 30 days after receipt of the last undisputed sum or amount of time for Work actually submittal of the claimant or the last submittal of the Le performed in accordance with a Work Change Directive; opposing party, if any, take one of the following actions LN and in writing: 3. changes in the Contract Price or Contract 1.deny the Claim in whole or in part, La Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 2. approve the Claim, or 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such 3.notify the parties that the Engineer is unable to decision in accordance with the provisions of the Contract resolve the Claim if, in the Engineer's sole discretion, it Documents and applicable Laws and Regulations, but would be inappropriate for the Engineer to do so. For during any such appeal, Contractor shall carry on the purposes of further resolution of the Claim, such notice Work and adhere to the Progress Schedule as provided in shall be deemed a denial. Paragraph 6.18.A. D.In the event that Engineer does not take action 10.04 Notification to Surety on a Claim within said 30 days, the Claim shall be deemed denied. A. If notice of any change affecting the general scope of the Work or the provisions of the Contract E. Engineer's written action under Paragraph Documents (including, but not limited to, Contract Price 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or or Contract Times) is required by the provisions of any 10.05.D will be final and binding upon Owner and bond to be given to a surety,the giving of any such notice Contractor, unless Owner or Contractor invoke the will be Contractor's responsibility. The amount of each dispute resolution procedure set forth in Article 16 within applicable bond will be adjusted to reflect the effect of 30 days of such action or denial. any such change. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. F. No Claim for an adjustment in Contract Price Contractor and shall deliver such bids to Owner, who will ON or Contract Times will be valid if not submitted in then determine, with the advice of Engineer, which bids, accordance with this Paragraph 10.05. if any, will be acceptable. If any subcontract provides that go the Subcontractor is to be paid on the basis of Cost of the wo Work plus a fee, the Subcontractor's Cost of the Work ARTICLE 11 - COST OF THE WORK; and fee shall be determined in the same manner as an ALLOWANCES.UNIT PRICE WORK Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. op 1 1 01 Cost of the Work 4. Costs of special consultants(including but not wo limited to Engineers, architects, testing laboratories, A. Costs Included: The term Cost of the Work surveyors, attorneys, and accountants) employed for so means the sum of all costs. except those excluded in services specifically related to the Work. Paragraph 11.01.13, necessarily incurred and paid by WX Contractor in the proper performance of the Work. When 5.Supplemental costs including the following: the value of any Work covered by a Change Order or 4P when a Claim for an adjustment in Contract Price is a. The proportion of necessary transportation, determined on the basis of Cost of the Work, the costs to travel, and subsistence expenses of Contractor's WX J be reimbursed to Contractor will be only those additional employees incurred in discharge of duties or incremental costs required because of the change in the connected with the Work. wo Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by b. Cost, including transportation and mainte or - ' Owner, such costs shall be in amounts no higher than nance, of all materials, supplies, equipment, Those prevailing in the locality of the Project, shall include machinery, appliances, office, and temporary aw only the following items, and shall not include any of the facilities at the Site,and hand tools not owned by i costs itemized in Paragraph 11.01.13. the workers, which are consumed in the perfor ON - mance of the Work, and cost, less market value, 1. Payroll costs for employees in the direct of such items used but not consumed which an employ of Contractor in the performance of the Work remain the property of Contractor. ON under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, c. Rentals of all construction equipment and without limitation, superintendents, foremen, and other machinery, and the parts thereof whether rented VP personnel employed full time at the Site. Payroll costs for from Contractor or others in accordance with employees not employed full time on the Work shall be rental agreements approved by Owner with the apportioned on the basis of their time spent on the Work. advice of Engineer, and the costs of Payroll costs shall include, but not be limited to, salaries transportation, loading, unloading, assembly, and wages plus the cost of fringe benefits, which shall dismantling, and removal thereof. All such costs include social security contributions, unemployment, shall be in accordance with the terms of said excise, and payroll taxes, workers' compensation, health rental agreements. The rental of any such equip- and retirement benefits,bonuses, sick leave, vacation and ment, machinery, or parts shall cease when the holiday pay applicable thereto. The expenses of use thereof is no longer necessary for the Work. performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in d. Sales, consumer, use, and other similar taxes the above to the extent authorized by Owner. related to the Work, and for which Contractor is liable,imposed by Laws and Regulations. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of e. Deposits lost for causes other than negligence transportation and storage thereof, and Suppliers' field of Contractor, any Subcontractor, or anyone services required in connection therewith. All cash directly or indirectly emploved by any of them or discounts shall accrue to Contractor unless Owner for whose acts any of them may be liable, and deposits funds with Contractor with which to make pay- royalty payments and fees for permits and ments, in which case the cash discounts shall accrue to licenses. Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall f. Losses and damages (and related expenses) accrue to Owner, and Contractor shall make provisions so caused by damage to the Work,not compensated WM that they may be obtained. by insurance or otherwise, sustained by Contractor in connection with the performance am 3. Payments made by Contractor to of the Work(except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance WN required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06.1)), provided such losses and damages have EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. nn-rnn )n resulted from causes other than the negligence of be determined as set forth in the Agreement. When the Contractor; any Subcontractor, or anyone value of any Work covered by a Change Order or when a directly or indirectly employed by any of them or CIaim for an adjustment in Contract Price is determined for whose acts any of them may be liable. Such on the basis of Cost of the Work, Contractor's fee shall be losses shall include settlements made with the determined as set forth in Paragraph 12.01.C, written consent and approval of Owner. No such losses, damages, and expenses shall be included D. Documentation: Whenever the Cost of the in the Cost of the Work for the purpose of Work for any purpose is to be determined pursuant to determining Contractor's fee. Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally g. The cost of utilities, fuel, and sanitary accepted accounting practices and submit in a form facilities at the Site. acceptable to Engineer an itemized cost breakdown h. Minor expenses such as telegrams, long together with supporting data. distance telephone calls, telephone service at the 11.02 Allowances Site, expresses, and similar petty cash items in connection with the Work. A. It is understood that Contractor has included in the Contract Price all allowances so named in the i. The costs of premiums for all bonds and Contract Documents and shall cause the Work so covered insurance Contractor is required by the Contract to be performed for such sums and by such persons or Documents to purchase and maintain. entities as may be acceptable to Owner and Engineer. B. Costs Excluded: The term Cost of the Work B. Cash Allowances shall not include any of the following items: 1. Payroll costs and other compensation of 1. Contractor agrees that: Contractor's officers, executives, principals (of a. the cash allowances include the cost to partnerships and sole propnetorships), general managers, Contractor (less any applicable trade discounts) >� safety managers, engineers; architects, estimators, attor- of materials and equipment required by the neys, auditors, accountants, purchasing and contracting allowances to be delivered at the Site, and all agents, expediters, timekeepers, clerks, and other applicable taxes;and personnel employed by Contractor; whether at the Site or in Contractor's principal or branch office for general b. Contractor's costs for unloading and handling administration of the Work and not specifically included on the Site, labor, installation , overhead,profit, in the agreed upon schedule of job classifications referred and other expenses contemplated for the cash to in Paragraph 11.0l.A.1 or specifically covered by allowances have been included in the Contract Paragraph 11.01.A.4, all of which are to be considered Price and not in the allowances, and no demand administrative costs covered by the Contractor's fee. for additional payment on account of any of the 2. Expenses of Contractor's principal and branch foregoing will be valid. offices other than Contractor's office at the Site. C. Contingency Allowance lip 3. Any part of Contractor's capital expenses, i. Contractor agrees that a contingency including interest on Contractor's capital employed for allowance, if any, is for the sole use of Owner to cover the Work and charges against Contractor for delinquent unanticipated costs. payments. D. Prior to final payment, an appropriate Change 4. Costs due to the negligence of Contractor,any Order will be issued as recommended by Engineer to Subcontractor, or anyone directly or indirectly employed reflect actual amounts due Contractor on account of Work by any of them or for whose acts any of them may be covered by allowances, and the Contract Price shall be liable, including but not limited to, the correction of correspondingly adjusted. opdefective Work, disposal of materials or equipment wrongly supplied, and making good any damage to 11.03 Unit Price Work IM property. A. Where the Contract Documents provide that 5. Other overhead or general expense costs of all or part of the Work is to be Unit Price Work, initially any kind and the costs of any item not specifically and the Contract Price will be deemed to include for all Unit expressly included in Paragraphs 11.0I.A and 11.01.13. Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work C. Contractor's Fee: When all the Work is times the estimated quantity of each item as indicated in performed on the basis of cost-plus, Contractor's fee shall the Agreement. opEJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Societv of Professional Engineers for EJCDC. All rights reserved. 00700-30 allowance for overhead and profit not necessarily in B. The estimated quantities of items of Unit accordance with Paragraph 12.01.C.2); or Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial 3. where the Work involved is not covered by Contract Price. Determinations of the actual quantities unit prices contained in the Contract Documents and and classifications of Unit Price Work performed by agreement to a lump sum is not reached under Paragraph Contractor will be made by Engineer subject to the 12.01.13.2, on the basis of the Cost of the Work provisions of Paragraph 9.07. (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as C. Each unit price will be deemed to include an provided in Paragraph 12.01.C). amount considered by Contractor to be adequate to cover op Contractor's overhead and profit for each separately C. Contractor's Fee: The Contractor's fee for identified item. overhead and profit shall be determined as follows: D. Owner or Contractor may make a Claim for 1.a mutually acceptable fixed fee; or ap an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions 1. the quantity of any item of Unit Price Work of the Cost of the Work: performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated a. for costs incurred under Paragraphs I I.01.A.I in the Agreement; and and 1 l.0l.A.2, the Contractor's fee shall be 15 percent; 2. there is no corresponding adjustment with respect any other item of Work; and b. for costs incurred under Paragraph 1 I.0l.A.3, 3. Contractor believes that Contractor is entitled the Contractor's fee shall be five percent; op to an increase in Contract Price as a result of having c.where one or more tiers of subcontracts are on incurred additional expense or Owner believes that Owner the basis of Cost of the Work plus a fee and no is entitled to a decrease in Contract Price and the parties fixed fee is agreed upon, the intent of Paragraph are unable to agree as to the amount of any such increase 12.01 C.2.a is that the Subcontractor who or decrease. actually performs the Work,at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs ARTICLE 12 - CHANGE OF CONTRACT PRICE; I1.0l.A.] and I I.01.A.2 and that any higher tier CHANGE OF CONTRACT TIMES Subcontractor and Contractor will each be paid a 4P fee of five percent of the amount paid to the next lower tier Subcontractor; 12.01 Change of Contract Price d. no fee shall be payable on the basis of costs A.The Contract Price may only be changed by a itemized under Paragraphs 11.01.A.4, 11.0l.A.5, Change Order. Any Claim for an adjustment in the and 11.01.13; Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the e. the amount of credit to be allowed by other party to the Contract in accordance with the Contractor to Owner for any change which provisions of Paragraph 10.05. results in a net decrease in cost will be the amount of the actual net decrease in cost plus a B. The value of any Work covered by a Change deduction in Contractor's fee by an amount equal Order or of any Claim for an adjustment in the Contract to five percent of such net decrease;and Price will be determined as follows: f. when both additions and credits are involved 1. where the Work involved is covered by unit in any one change, the adjustment in prices contained in the Contract Documents, by applica- Contractor's fee shall be computed on the basis tion of such unit prices to the quantities of the items of the net change in accordance with Paragraphs involved (subject to the provisions of Paragraph 11.03); 12.01.C.2.a through 12.01.C.2.e, inclusive. or 12.02 Change of Contract Times 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a A. The Contract Times may only be changed by mutually agreed lump sum (which may include an a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. nrnnn z, 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. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF B. Any adjustment of the Contract Times DEFECTIVE WORK covered by a Change Order or any Claim for an a adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 13.01 Notice of Defects 12.03 Delays A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to 0 A. Where Contractor is prevented from Contractor. All defective Work may be rejected, completing any part of the Work within the Contract corrected,or accepted as provided in this Article 13. Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to 13.02 Access to Work the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the A. Owner, Engineer, their consultants and other control of Contractor shall include, but not be limited to, representatives and personnel of Owner, independent acts or neglect by Owner,acts or neglect of utility owners testing laboratories, and governmental agencies with or other contractors performing other work as contemplat- jurisdictional interests will have access to the Site and the ed by Article 7, fires, floods, epidemics, abnormal Work at reasonable times for their observation, weather conditions,or acts of God. inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise B. If Owner, Engineer, or other contractors or them of Contractor's Site safety procedures and programs ,P utility owners performing other work for Owner as so that they may comply therewith as applicable. contemplated by Article 7, or anyone for whom Owner is Presponsible, delays, disrupts, or interferes with the 13.03 Tests and Inspections performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract A. Contractor shall give Engineer timely notice Price or the Contract Times , or both. Contractor's of readiness of the Work for all required inspections, Lp entitlement to an adjustment of the Contract Times is tests,or approvals and shall cooperate with inspection and conditioned on such adjustment being essential to testing personnel to facilitate required inspections or tests. Contractor's ability to complete the Work within the Contract Times. B. Owner shall employ and pay for the services Lo of an independent testing laboratory to perform all C If Contractor is delayed in the performance or inspections, tests, or approvals required by the Contract progress of the Work by fire, flood, epidemic, abnormal Documents except: weather conditions, acts of God, acts or failures to act of LN utility owners not under the control of Owner, or other 1. for inspections, tests, or approvals covered by causes not the fault of and beyond control of Owner and Paragraphs 13.03.0 and 13.03.D below; La Contractor, then Contractor shall be entitled to an ILa equitable adjustment in Contract Times, if such 2. that costs incurred in connection with tests or adjustment is essential to Contractor's ability to complete inspections conducted pursuant to Paragraph 13.04.13 the Work within the Contract Times. Such an adjustment shall be paid as provided in said Paragraph 13.04.C;and La shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. 3. as otherwise specifically provided in the Con- tract Documents. ® D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any C. If Laws or Regulations of any public body P claims, costs, losses, or damages (including but not having jurisdiction require any Work (or part thereof) limited to all fees and charges of Engineers, architects, specifically to be inspected, tested, or approved by an Lp attorneys, and other professionals and all court or employee or other representative of such public body, arbitration or other dispute resolution costs) sustained by Contractor shall assume full responsibility for arranging Contractor on or in connection with any other project or and obtaining such inspections,tests, or approvals,pay all anticipated project. costs in connection therewith, and furnish Engineer the E. Contractor shall not be entitled to an required certificates of inspection or approval. adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. be incorporated in the Work; or acceptance of materials, A. If the Work is defective, or Contractor fails to nix designs,or equipment submitted for approval prior to supply sufficient skilled workers or suitable materials or . Contractor's purchase thereof for incorporation in the equipment, or fails to perform the Work in such a way Work. Such inspections, tests, or approvals shall be that the completed Work will conform to the Contract performed by organizations acceptable to Owner and Documents, Owner may order Contractor to stop the Engineer. Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner E. If any Work(or the work of others) that is to to stop the Work shall not give rise to any duty on the pan be inspected,tested, or approved is covered by Contractor of Owner to exercise this right for the benefit of without written concurrence of Engineer, it must, if Contractor, any Subcontractor, any Supplier, any other requested by Engineer,be uncovered for observation. individual or entity, or any surety for, or employee or agent of any of them. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless 13.06 Correction or Removal of Defective Work Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has A. Promptly after receipt of notice, Contractor 0 not acted with reasonable promptness in response to such shall correct all defective Work, whether or not notice. fabricated, installed, or completed, or, if the Work has 0 been rejected by Engineer, remove it from the Project and 13.04 Uncovering Work replace it with Work that is not defective. Contractor shall 0 pay all claims, costs, losses, and damages (including but A. If any Work is covered contrary to the written not limited to all fees and charges of engineers, architects, request of Engineer, it must,if requested by Engineer,be attorneys, and other y , professionals and all court or uncovered for Engineer's observation and replaced at arbitration or other dispute resolution costs) arising out of Contractor's expense. or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of B. If Engineer considers it necessary or advisable others). that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, B. When correcting defective Work under the shall uncover, expose, or otherwise make available for terms of this Paragraph 13.06 or Paragraph 13.07, observation, inspection, or testing as Engineer may Contractor shall take no action that would void or require, that portion of the Work in question, furnishing otherwise impair Owner's special warranty and guarantee, Jall necessary labor,material,and equipment. if any,on said Work. C. If it is found that the uncovered Work is 13.07 Correction Period defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and A.If within one year after the date of Substantial charges of engineers, architects, attorneys, and other Completion (or such longer period of time as may be professionals and all court or arbitration or other dispute prescribed by the terms of any applicable special resolution costs) arising out of or relating to such guarantee required by the Contract Documents)or by any uncovering, exposure, observation, inspection, and specific provision of the Contract Documents, any Work testing, and of satisfactory replacement or reconstruction is found to be defective,or if the repair of any damages to (including but not limited to all costs of repair or the land or areas made available for Contractor's use by replacement of work of others); and Owner shall be Owner or permitted by Laws and Regulations as entitled to an appropriate decrease in the Contract Price.If contemplated in Paragraph 6.1 LA is found to be the parties are unable to agree as to the amount thereof, defective, Contractor shall promptly, without cost to Owner may make a Claim therefor as provided in Owner and in accordance with Owner's written Paragraph 10.05. instructions: D. If, the uncovered Work is not found to be I.repair such defective land or areas;or defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or 2.correct such defective Work; or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and 3. if the defective Work has been rejected by reconstruction. If the parties are unable to agree as to the Owner, remove it from the Project and replace it with amount or extent thereof, Contractor may make a Claim Work that is not defective, and therefor as provided in Paragraph 10.05. 4. satisfactorily correct or repair or remove and 13.05 Owner May Stop the Work replace any damage to other Work, to the work of others or other land or areas resulting therefrom. I _ EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Societv of Professional Engineers for EJCDC. All rights reserved. ® B. If Contractor does not promptly comply with 13.09 Owner May Correct Defective Work the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss A. If Contractor fails within a reasonable time or damage, Owner may have the defective Work after written notice from Engineer to correct defective corrected or repaired or may have the rejected Work re- Work or to remove and replace rejected Work as required moved and replaced. All claims, costs, losses, and by Engineer in accordance with Paragraph 13.06.A, or if damages(including but not limited to all fees and charges Contractor fails to perform the Work in accordance with of engineers,architects, attorneys,and other professionals the Contract Documents, or if Contractor fails to comply and all court or arbitration or other dispute resolution with any other provision of the Contract Documents, costs)arising out of or relating to such correction or repair Owner may, after seven days written notice to Contractor, or such removal and replacement (including but not correct or remedy any such deficiency. limited to all costs of repair or replacement of work of others)will be paid by Contractor. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. C. In special circumstances where a particular In connection with such corrective or remedial action, item of equipment is placed in continuous service before Owner may exclude Contractor from all or part of the Substantial Completion of all the Work, the correction Site, take possession of all or part of the Work and period for that item may start to run from an earlier date if suspend Contractor's services related thereto,take posses- so provided in the Specifications. sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in D. Where defective Work (and damage to other the Work all materials and equipment stored at the Site or Work resulting therefrom)has been corrected or removed for which Owner has paid Contractor but which are stored and replaced under this Paragraph 13.07, the correction elsewhere. Contractor shall allow Owner, Owner's period hereunder with respect to such Work will be representatives, agents and employees, Owner's other P extended for an additional period of one year after such contractors, and Engineer and Engineer's consultants correction or removal and replacement has been access to the Site to enable Owner to exercise the rights Ph satisfactorily completed. and remedies under this Paragraph. Ph E. Contractor's obligations under this Paragraph C. All claims, costs, losses, and damages 13.07 are in addition to any other obligation or warranty. (including but not limited to all fees and charges of pk The provisions of this Paragraph 13.07 shall not be engineers, architects, attorneys, and other professionals construed as a substitute for or a waiver of the provisions and all court or arbitration or other dispute resolution PR of any applicable statute of limitation or repose. costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be Fk 13.08 Acceptance of Defective Work charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the F1 A. If, instead of requiring correction or removal Contract Documents with respect to the Work; and Owner and replacement of defective Work, Owner (and, prior to shall be entitled to an appropriate decrease in the Contract Engineer's recommendation of final payment, Engineer) Price.If the parties are unable to agree as to the amount of prefers to accept it, Owner may do so. Contractor shall the adjustment, Owner may make a Claim therefor as va pay all claims, costs, losses, and damages (including but provided in Paragraph 10.05. Such claims, costs, losses not limited to all fees and charges of engineers, architects, and damages will include but not be limited to all costs of Lo attorneys, and other professionals and all court or repair, or replacement of work of others destroyed or arbitration or other dispute resolution costs)attributable to damaged by correction, removal, or replacement of Owner's evaluation of and determination to accept such Contractor's defective Work. defective Work(such costs to be approved by Engineer as to reasonableness)and the diminished value of the Work D. Contractor shall not be allowed an extension to the extent not otherwise paid by Contractor pursuant to of the Contract Times because of any delay in the this sentence. If any such acceptance occurs prior to performance of the Work attributable to the exercise by Engineer's recommendation of final payment, a Change Owner of Owner's rights and remedies under this Order will be issued incorporating the necessary revisions Paragraph 13.09. 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 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND so accepted. If the parties are unable to agree as to the COMPLETION 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 14.01 Schedule of Values paid by Contractor to Owner. A.The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. � nnvnn vw ,-Emu, payments and will be incorporated into a form of Applica- b. the quality of the Work is generally in actor- tion for Payment acceptable to Engineer. Progress dance with the Contract Documents (subject to payments on account of Unit Price Work will be based on an evaluation of the Work as a functioning whole the number of units completed. prior to or upon Substantial Completion, to the results of any subsequent tests called for in the 14.02 Progress Payments Contract Documents, to a final determination of quantities and classifications for Unit Price Work A. Applications for Payments under Paragraph 9.07, and to any other qualifications stated in the recommendation); and 1.At least 20 days before the date established in the Agreement for each progress payment (but not more c. the conditions precedent to Contractor's being often than once a month), Contractor shall submit to entitled to such payment appear to have been Engineer for review an Application for Payment filled out fulfilled in so far as it is Engineer's and signed by Contractor covering the Work completed as responsibility to observe the Work, of the date of the Application and accompanied by such supporting documentation as is required by the Contract 3. By recommending any such payment Engineer Documents. If payment is requested on the basis of will not thereby be deemed to have represented that: materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another a. inspections made to check the quality or the location agreed to in writing, the Application for Payment quantity of the Work as it has been performed shall also be accompanied by a bill of sale, invoice, or have been exhaustive, extended to every aspect other documentation warranting that Owner has received of the Work in progress, or involved detailed the materials and equipment free and clear of all Liens inspections of the Work beyond the responsi- and evidence that the materials and equipment are bilities specifically assigned to Engineer in the covered by appropriate property insurance or other Contract Documents-, or arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. b. that there may not be other matters or issues between the parties that might entitle Contractor 2. Beginning with the second Application for to be paid additionally by Owner or entitle Payment, each Application shall include an affidavit of Owner to withhold payment to Contractor. Contractor stating that all previous progress payments received on account of the Work have been applied on 4. Neither Engineer's review of Contractor's account to discharge Contractor's legitimate obligations Work for the purposes of recommending payments nor associated with prior Applications for Payment. Engineer's recommendation of any payment, including final payment,will impose responsibility on Engineer: 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. a.to supervise,direct, or control the Work,or i■ B.Review of Applications b. for the means, methods, techniques, sequences, or procedures of construction, or the 1. Engineer will, within 10 days after receipt of safety precautions and programs incident thereto, each Application for Payment, either indicate in writing a or recommendation of payment and present the Application to Owner or return the Application to Contractor c. for Contractor's failure to comply with Laws indicating in writing Engineer's reasons for refusing to and Regulations applicable to Contractor's recommend payment. In the latter case, Contractor may performance of the Work,or make the necessary corrections and resubmit the Application. d. to make any examination to ascertain how or for what purposes Contractor has used the 2. Engineer's recommendation of any payment moneys paid on account of the Contract Price. or requested in an Application for Payment will constitute a representation by Engineer to Owner,based on Engineer's e. to determine that title to any of the Work, observations on the Site of the executed Work as an materials,or equipment has passed to Owner free experienced and qualified design professional and on and clear of any Liens. Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of 5. Engineer may refuse to recommend the whole Engineer's knowledge, information and belief: or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner a. the Work has progressed to the point indicat- stated in Paragraph 14.02.B.2. Engineer may also refuse ed-, to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C-700 Standard General Conditions or the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. mmnn zc 14 inspections or tests, revise or revoke any such payment 3. If it is subsequently determined that Owner's recommendation previously made, to such extent as may refusal of payment was not justified, the amount be necessary in Engineer's opinion to protect Owner from wrongfully withheld shall be treated as an amount due as loss because: determined by Paragraph 14.02.C.1. a. the Work is defective, or completed Work has I4.03 Contractor's Warranty of Title been damaged, requiring correction or replace- ment; A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any b. the Contract Price has been reduced by Application for Payment, whether incorporated in the Change Orders; Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. c. Owner has been required to correct defective 114 Work or complete Work in accordance with 14.04 Substantial Completion 14 Paragraph 13.09; or A. When Contractor considers the entire Work d. Engineer has actual knowledge of the ready for its intended use Contractor shall notify Owner 14 occurrence of any of the events enumerated in and Engineer in writing that the entire Work is 14 Paragraph 15.02.A. substantially complete(except for items specifically listed by Contractor as incomplete) and request that Engineer 14 C.Payment Becomes Due issue a certificate of Substantial Completion. 1. Ten days after presentation of the Application B. Promptly after Contractor's notification, , for Payment to Owner with Engineer's recommendation, Owner, Contractor, and Engineer shall make an the amount recommended will (subject to the provisions inspection of the Work to determine the status of of Paragraph 14.02.D)become due, and when due will be completion. If Engineer does not consider the Work paid by Owner to Contractor. substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. D.Reduction in Payment C. If Engineer considers the Work substantially 1. Owner may refuse to make payment of the full complete, Engineer will deliver to Owner a tentative amount recommended by Engineer because: certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to a. claims have been made against Owner on the certificate a tentative list of items to be completed or account of Contractor's performance or furnish- corrected before final payment. Owner shall have seven ing of the Work; days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions b. Liens have been filed in connection with the of the certificate or attached list.If, after considering such Work, except where Contractor has delivered a objections, Engineer concludes that the Work is not specific bond satisfactory to Owner to secure the substantially complete,Engineer will within 14 days after satisfaction and discharge of such Liens; submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after c. there are other items entitling Owner to a consideration of Owner's objections, Engineer considers set-off against the amount recommended; or the Work substantially complete, Engineer will within Asaid 14 days execute and deliver to Owner and Contractor d. Owner has actual knowledge of the occurrence a definitive certificate of Substantial Completion (with a A of any of the events enumerated in Paragraphs revised tentative list of items to be completed or correct- 14.02.B.5.a through 14.02.B.5.c or Paragraph ed) reflecting such changes from the tentative certificate A 15.02.A. as Engineer believes justified after consideration of any objections from Owner. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give D. At the time of delivery of the tentative La Contractor immediate written notice (with a copy to certificate of Substantial Completion, Engineer will Engineer)stating the reasons for such action and promptly deliver to Owner and Contractor a written recommen- LN pay Contractor any amount remaining after deduction of dation as to division of responsibilities pending final the amount so withheld. Owner shall promptly pay payment between Owner and Contractor with respect to Contractor the amount so withheld, or any adjustment security, operation, safety, and protection of the Work, thereto agreed to by Owner and Contractor, when maintenance, heat, utilities, insurance, and warranties and LN Contractor corrects to Owner's satisfaction the reasons for guarantees. Unless Owner and Contractor agree otherwise such action. in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial LN EJCDC C-700 Standard General Conditions or the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-36 Completion, Engineer's aforesaid recommendation will that the Work is incomplete or defective. Contractor shall op be binding on Owner and Contractor until final payment. immediately take such measures as are necessary to E. Owner shall have the right to exclude complete such Work or remedy such deficiencies. Contractor from the Site after the date of Substantial 14.07 Final Payment Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. A.Application for Payment 14.05 Partial Utilization 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections A. Prior to Substantial Completion of all the identified during the final inspection and has delivered. in Work, Owner may use or occupy any substantially accordance with the Contract Documents, all maintenance completed part of the Work which has specifically been and operating instructions, schedules, guarantees, bonds, identified in the Contract Documents, or which Owner, certificates or other evidence of insurance certificates of Engineer, and Contractor agree constitutes a separately inspection, marked-up record documents (as provided in functioning and usable part of the Work that can be used Paragraph 6.12), and other documents, Contractor may by Owner for its intended purpose without significant make application for final payment following the interference with Contractor's performance of the procedure for progress payments. remainder of the Work, subject to the following condi- tions. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of a. all documentation called for in the Contract li the Work which Owner believes to be ready for its Documents, including but not muted to the intended use and substantially complete. If and when evidence of insurance required by Paragraph Contractor agrees that such part of the Work is 5.04.B.7; substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially b. consent of the surety, if any,to final payment; complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. c. a list of all Claims against Owner that Contractor believes are unsettled;and 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such d. complete and legally effective releases or part of the Work ready for its intended use and substan- waivers(satisfactory to Owner) of all Lien rights tially complete and request Engineer to issue a certificate arising out of or Liens filed in connection with of Substantial Completion for that part of the Work. the Work. 3. Within a reasonable time after either such 3. In lieu of the releases or waivers of Liens request, Owner, Contractor, and Engineer shall make an specified in Paragraph 14.07.A.2 and as approved by inspection of that part of the Work to determine its status Owner, Contractor may furnish receipts or releases in full of completion. If Engineer does not consider that part of and an affidavit of Contractor that: (i) the releases and the Work to be substantially complete, Engineer will receipts include, all labor, services, material, and notify Owner and Contractor in writing giving the reasons equipment for which a Lien could be filed; and (ii) all therefor. If Engineer considers that part of the Work to be payrolls, material and equipment bills, and other substantially complete, the provisions of Paragraph 14.04 indebtedness connected with the Work for which Owner will apply with respect to certification of Substantial or Owner's property might in any way be responsible have Completion of that part of the Work and the division of been paid or otherwise satisfied. If any Subcontractor or responsibility in respect thereof and access thereto. Supplier fails to frnish such a release or receipt in full, 4. No use or occupancy or separate operation of Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any part of the Work may occur prior to compliance with the Lien, requirements of Paragraph 5.10 regarding property so insurance. B. Engineer's Review of Application and Acceptance 14,06 Final Inspection ON 1. If, on the basis of Engineer's observation of A. Upon written notice from Contractor that the the Work during construction and final inspection, and am entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for Payment Engineer will promptly make a final inspection with and accompanying documentation as required by the Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work writing of all particulars in which this inspection reveals has been completed and Contractor's other obligations EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-37 re under the Contract Documents have been fulfilled, with the requirements herein and expressly acknowledged Engineer will, within ten days after receipt of the final by Owner in writing as still unsettled. Application for Payment, indicate in writing Engineer's IQ recommendation of payment and present the Application for Payment to Owner for payment. At the same time ARTICLE 15 - SUSPENSION OF WORK AND Engineer will also give written notice to Owner and TERMINATION Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09 Otherwise, Engineer will return the Application for Payment to Contractor, indicat- 15.01 Owner May Suspend Work 4 ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the A. At any time and without cause, Owner may necessary corrections and resubmit the Application for suspend the Work or any portion thereof for a period of Payment- not more than 90 consecutive days by notice in writing to is Contractor and Engineer which will fix the date on which IN C.Payment Becomes Due Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- Thirty days after the presentation to Owner of ment in the Contract Price or an extension of the Contract is the Application for Payment and accompanying docu- Times, or both, directly attributable to any such mentation, the amount recommended by Engineer, less suspension if Contractor makes a Claim therefor as Is any sum Owner is entitled to set off against Engineer's provided in Paragraph 10.05. ot recommendation, including but not limited to liquidated damages, will become due and , will be paid by Owner to 15.02 Owner May Terminate for Cause Contractor. A. The occurrence of any one or more of the 14.08 Final Completion Delayed following events will justify termination for cause: A. If, through no fault of Contractor, final 1. Contractor's persistent failure to perform the completion of the Work is significantly delayed, and if Work in accordance with the Contract Documents Engineer so confirms, Owner shall, upon receipt of (including, but not limited to, failure to supply sufficient Contractor's final Application for Payment (for Work skilled workers or suitable materials or equipment or fully completed and accepted) and recommendation of failure to adhere to the Progress Schedule established Engineer, and without terminating the Contract, make under Paragraph 2.07 as adjusted from time to time payment of the balance due for that portion of the Work pursuant to Paragraph 6.04); fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or 2. Contractor's disregard of Laws or Regulations corrected is less than the retainage stipulated in the of any public body having jurisdiction; Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the 3. Contractor's disregard of the authority of payment of the balance due for that portion of the Work Engineer; or fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such 4. Contractor's violation in any substantial way payment. Such payment shall be made under the terms of any provisions of the Contract Documents. and conditions governing final payment, except that it shall not constitute a waiver of Claims. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving 14.09 Waiver of Claims Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: A. The making and acceptance of final payment will constitute: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, 1. a waiver of all Claims by Owner against appliances, construction equipment, and machinery at the Contractor, except Claims arising from unsettled Liens, Site, and use the same to the full extent they could be LN from defective Work appearing after final inspection used by Contractor (without Iiability to Contractor for Le pursuant to Paragraph 14.06, from failure to comply with trespass or conversion), the Contract Documents or the terns of any special pguarantees specified therein, or from Contractor's 2. incorporate in the Work all materials and continuing obligations under the Contract Documents; equipment stored at the Site or for which Owner has paid LN and Contractor but which are stored elsewhere, and i LN 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance EJCDC C-700 Standard General Conditions of the Construction Contract. Cop)'right m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. �, nrnnn as 3. complete the Work as Owner may deem 2. expenses sustained prior to the effective date expedient. of termination in performing services and furnishing labor,materials, or equipment as required by the Contract C. If Owner proceeds as provided in Paragraph Documents in connection with uncompleted Work, plus ]5.02.8, Contractor shall not be entitled to receive any fair and reasonable sums for overhead and profit on such further payment until the Work is completed. If the expenses; unpaid balance of the Contract Price exceeds all claims, costs,losses,and damages(including but not limited to all 3. all claims, costs, losses, and damages fees and charges of engineers, architects, attorneys, and (including but not limited to all fees and charges of other professionals and all court or arbitration or other engineers, architects, attorneys, and other professionals 1 dispute resolution costs) sustained by Owner arising out and all court or arbitration or other dispute resolution of or relating to completing the Work, such excess will be costs) incurred in settlement of terminated contracts with paid to Contractor. If such claims, costs, losses, and Subcontractors,Suppliers,and others;and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, 4, reasonable expenses directly attributable to and damages incurred by Owner will be reviewed by termination. Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. B. Contractor shall not be paid on account of loss j When exercising any rights or remedies under this of anticipated profits or revenue or other economic loss Paragraph Owner shall not be required to obtain the arising out of or resulting from such termination. lowest price for the Work performed. 15.04 Contractor May Stop Work or Terminate D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if A. If, through no act or fault of Contractor, (i) Contractor begins within seven days of receipt of notice the Work is suspended for more than 90 consecutive days of intent to terminate to correct its failure to perform and by Owner or under an order of court or other public proceeds diligently to cure such failure within no more authority, or (ii) Engineer fails to act on any Application than 30 days of receipt of said notice. for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally E. Where Contractor's services have been so determined to be due, then Contractor may, upon seven terminated by Owner, the termination will not affect any days written notice to Owner and Engineer, and provided rights or remedies of Owner against Contractor then Owner or Engineer do not remedy such suspension or existing or which may thereafter accrue. Any retention or failure within that time, terminate the Contract and payment of moneys due Contractor by Owner will not recover from Owner payment on the same terms as release Contractor from liability. provided in Paragraph 15.03. F. If and to the extent that Contractor has B. In lieu of temvnating the Contract and provided a performance bond under the provisions of without prejudice to any other right or remedy, if Paragraph 5.0LA,the termination procedures of that bond Engineer has failed to act on an Application for Payment shall supersede the provisions of Paragraphs 15.02.13,and within 30 days after it is submitted, or Owner has failed 15.02.C. for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice 15.03 Owner May Terminate For Convenience to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including A. Upon seven days written notice to Contractor interest thereon. The provisions of this Paragraph 15.04 and Engineer, Owner may, without cause and without are not intended to preclude Contractor from making a prejudice to any other right or remedy of Owner, Claim under Paragraph 10.05 for an adjustment in terminate the Contract. In such case, Contractor shall be Contract Price or Contract Times or otherwise for paid for(without duplication of any items): expenses or damage directly attributable to Contractor's { stopping the Work as permitted by this Paragraph. I 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and ARTICLE 16 -DISPUTE RESOLUTION ek reasonable sums for overhead and profit on such Work; 4P 16.01 Methods and Procedures 40 A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision ok becomes final and binding. The mediation will be EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright®2002 National Society of Professional Engineers for EJCDC. All rights reserved. 40 nnann-,3o governed by the Construction Industry Mediation Rules 2. delivered at or sent by registered or certified of the American Arbitration Association in effect as of the mail,postage prepaid, to the last business address known Effective Date of the Agreement. The request for to the giver of the notice. mediation shall be submitted in writing to the American Arbitration Association and the other parry to the I7.02 Computation of Times Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. A. When any period of time is referred to in the Contract Documents by days, it will be computed to B. Owner and Contractor shall participate in the exclude the first and include the last day of such period. If mediation process in good faith. The process shall be the last day of any such period falls on a Saturday or concluded within 60 days of filing of the request. The Sunday or on a day made a legal holiday by the law of the date of termination of the mediation shall be deterrruned applicable jurisdiction, such day will be omitted from the by application of the mediation rules referenced above. computation. C. If the Claim is not resolved by mediation, 17.03 Cumulative Remedies Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1)shall become A. The duties and obligations imposed by these final and binding 30 days after termination of the General Conditions and the rights and remedies available mediation unless, within that time period, Owner or hereunder to the parties hereto are in addition to, and are Contractor: not to be construed in any way as a limitation of, any I� rights and remedies available to any or all of them which 1. elects in writing to invoke any dispute are otherwise imposed or available by Laws or Regula- resolution process provided for in the Supplementary tions, by special warranty or guarantee, or by other Conditions,or provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated 2. agrees with the other party to submit the specifically in the Contract Documents in connection with Claim to another dispute resolution process,or each particular duty, obligation, right, and remedy to which they apply. 3. gives written notice to the other party of their intent to submit the Claim to a court of competent 17.04 Survival of Obligations jurisdiction. A. All representations, indemnifications,warran- ties, and guarantees made in, required by, or given in ARTICLE 17-MISCELLANEOUS accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and 17.01 Giving Notice acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. A. Whenever any provision of the Contract Documents requires the giving of written notice,it will be 17.05 Controlling Law deemed to have been validly given if. A.This Contract is to be governed by the law of 1. delivered in person to the individual or to a the state in which the Project is located. member of the firm or to an officer of the corporation for whom it is intended,or 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. A A A A A EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. .� 00700-40 SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. I SC- 2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.0l.A ( Engineer shall famish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed copies of the required Bonds and Power of Attorney and Certificate of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain three copies. 1 SC—2.03 NOTICE TO PROCEED Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following in its place: Following the execution of the Agreement by the Owner and the Contractor, written 1 Notice to Proceed with the Work shall be given by the Owner to the Contractor. The Contract Time will commence to run on the day indicated in the Notice to Proceed. . SC - 2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is to read as follows: . 2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly rates, owned or rented by the Contractor and all Subcontractors that will be used in the performance of the Work. The equipment list will include information necessary to confirm the hourly rates per Paragraph 11.O1.A.5.c of the General Conditions and these Supplementary Conditions including: make, model, and year of manufacture as well as the horse power, capacity or weight, and accessories. Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 1 of 12 SC- 2.07 INITIAL ACCEPTANCE OF SCHEDULES 46 Delete the first paragraph of 2.07,A of the General Conditions in its entirety and insert the following in its place: Prior to the first application for payment all schedules and documents identified in paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents 40 by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve 40 Contractor from Contractor's full responsibility therefore. 40 Add the following after Paragraph 2.07.A.3: 40 Contractor's Schedule of Equipment will be acceptable to Engineer as to form and 40 substance if it provides the necessary information to reference the equipment and 40 establish the hourly rates in accordance with paragraph 11.0l.A.5.c. SC- 4.01 AVAILABILITY OF LANDS Add to Paragraph 4.01.0 of the General Conditions the following: W if it is necessary or desirable that the Contractor use land outside of the Owner's W easement or right-of-way, the Contractor shall obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for W any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right-of-way without written permission from the property owner and tenant. SC- 4.02- SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following: A. Reports and Drawings: The Special Provisions identify: Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 2 of 12 SC—4.03 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC -4.04 - UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 69-4-501, notify all owners of ® underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness ® of such information or data. ® SC -4.06 -HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: ® A. Reports and Drawings: Reference is made to the Special Provisions for the identification..... SC-5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum"A.M. Best Rating" LN of A-, Vl, as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injury, or property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 3 of 12 W W insurance has been obtained and certificates of insurance, with binders, or certified copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverages shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period. SC— 5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations- 1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions. a. State Statutory b. Applicable Federal (e.g. Longshoremans) Statutory C. Employer's Liability $ 500,000.00 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE $ 3,000,000.00 b. Products-Completed Operations Aggregate $ 3,000,000.00 C. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00 e. Coverage will include: 1. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 4 of 12 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 $ 500,000.00 ■ Each Accident $ 1,000,000.00 S Property Damage: Each Accident $1,000,000.00 . (or) S b. Combined Single Limit $ 1,000,000.00 Coverage to Include 1. All Owned 2. Hired 3. Non-Owned 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph 5.04.B.4. of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence $ 1,000,000.00 Aggregate $ 3,000,000.00 Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 5 of 12 SC- 5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.B.5 of the General Conditions by striking out the words "30 days" and replacing them with the words "45 days" and as so amended paragraph 5.04.B.5 remains in effect. SC- 5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof(subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors, Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peri] or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials . and equipment have been included in an Application for Payment recommended by Engineer; and 5. be endorsed to allow occupancy and partial utilization of the Work by Owner; Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 6 of 12 I� 6. include testing and start-up; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by Contractor in accordance with this paragraph SC5.06 shall comply with the requirements of paragraph 5.06.0 of the General Conditions. D. The policies of insurance required to be purchased and maintained by Contractor in accordance with this paragraph 5.06.A shall comply with the requirements of GC - 5.06.C. The qualifications of the insurance company shall comply with the requirements of SC- 5.02.A. LB SC-6.02 WORKING HOURS Add the following to Paragraph 6.02.B: P Regular working hours are defined as 8:00 AM. to 5:00 P.M. Emergency work may be Lit done without prior permission. W Pi SC-6.04 PROGRESS SCHEDULE It Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the D following: La 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments will be acceptable to Engineer as providing an orderly �l progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are © submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefore. V Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS �r Page 7 of 12 SC- 6.13 SAFETY AND PROTECTION Add new paragraphs to the end of paragraph 6.13.D of the General Conditions as follows: E. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. The right of the Owner and Engineer to observe or otherwise review the Work and operations shall not relieve the Contractor from any of his covenants and obligations hereunder. Contractor shall incorporate all safety requirements into his construction progress and work schedules including preconstruction and scheduled monthly safety meetings, posted safety rules, tailgate meetings, and site inspections by safety and other inspectors employed by the Contractor. F. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables, etc., and other underground construction uncovered in the proximity, or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires damaged by the Contractor's operations in the performance of this work shall be repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor's expense. The Contractor shall also be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. G. The Contractor shall conduct his work so as to interfere as little as possible with 4P public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. H. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 8 of 12 SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer's Resident Project Representative (if any). SC- 11.01 COST OF THE WORK Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in its place: 11.01.A.5.c The cost for the use of all construction equipment and machinery and parts thereof whether owned by the Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed �. portion of the work covered under the cost of the Work method. Transportation, loading and assembly costs will not be included for equipment already on the site which is being �) used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction �} Equipment, and the Equipment List submitted according to SC-2.05 and SC-2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. �i 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the equipment rental rates will be negotiated prior to the work being performed. Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 9 of 12 SC-11.03 UNIT PRICE WORK Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the following in its place: 1. the quantity of a particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or more of the Contract Price which is the total sum of all schedules (if any), and SC- 14.02.A APPLICATIONS FOR PAYMENTS Add the following Ianguage at the end of paragraph 14.02.A.1 of the General Conditions: Payments for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in storage will be deducted from subsequent payments. Beginning with the second application, all requests for payment for materials in storage shall be accompanied by Bill of Sale, invoice or other document warranting clear title as required above. Add the following to Paragraph 14.02.A.3: In accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainage may be used by the Owner to offset costs for any of the losses " enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.La. through � 14.02.D.1.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. MP Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. 0 Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 10 of 12 . SC— 14.02.0 PAYMENT BECOMES DUE Delete Paragraph 14.02.C.1 of the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the �J Owner at the preconstruction conference. Payment will become due when Owner approves the application for payment and will be paid by Owner to Contractor with in 30 days of the day of the month stipulated above at the preconstruction �j conference. SC- 14.02.D.I.c Amend the sentence of Paragraph 14.02.D.1.c to read: entitling Owner to a set-off against the amount recommended, including liquidated damages; or... SC-14.03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, ' materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the full insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor's obligation to provide insurance (including property insurance) as required in Article 5 of the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. �. SC- 14.05 PARTIAL UTILIZATION Add the following to Paragraph 14.05.A: Owner has the right to take possession of or use any completed or substantially completed portions of the work at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Owner's use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner's Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page I 1 of 12 use of any facilities not specifically identified in the Contract Documents will be in accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adjusted with a Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the entire work will be done in accordance with General Conditions 14.04. Guarantee periods for accepted or substantially completed work including mechanical and electrical equipment will commence upon the start of continuous use by Owner. All tests and instruction of Owner's personnel must be satisfactorily completed, and Owner shall assume responsibility for and operation of all facilities occupied or used except as may arise through portions of work not yet completed by Contractor If the work has been substantially completed and the Engineer certifies that full completion thereof is materially delayed through no fault of the Contractor, the Owner shall, without terminating the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. SC- 14.06 FINAL INSPECTION Add the following to Paragraph 14.06.A: After Contractor has remedied all deficiencies to the satisfaction of the Engineer and delivered all construction records, maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, and other documents (all as required by the Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer that the work is acceptable. SC- 17.01 GIVING NOTICE Add the following to Paragraph 17.0l.A: The mailing address for giving notices to Contractor given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Contractor will be mailed or delivered. The mailing address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. do END OF SECTION go Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 12 of 12 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 ......................................................................................................... i C. Definition of Public Works Contracts ................................................................................................... i D. Prevailing Wage Schedule ................. E. Rates to Use for Projects ..................................................................................................................... i F. Wage Rate Adjustments for Multiyear Contracts .................................................................................. ii G. Fringe Benefits ........................................................................................... .. ii .................................. H. Apprentices .................................................................................................................................... ii I. Posting Notice of Prevailing Wages .................................................................................................... ii J. Employment Preference ........................................................................ ............ ii .............................. Wage Rates ..................................................................I..... ...................... 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.MT10000I 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 18-2-401(1 1)(a),defines"public works contract"as "a contract,for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of$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. HEAVY CONSTRUCTION SERVICES 2011 Page i EFFECTIVE JANUARY 27, 2011 i 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 fulfill the obligation...a contractor or subcontractor may: (a)pay the amount offringe benefits and the basic hourly rate ofpay that is part of the standard prevailing rate 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 benef t 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(I)(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 i 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." I 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 L 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 continuingfor the entire duration of the project, a legible statement of all wages and fringe benefits 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. 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 E LEC 0044-001 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 Page 2 HEAVY CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27, 2011 E LECO233-001 08/01/2009 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 ----------------------------------------------------------- E LEC0532-001 06101/2010 GALLATIN, PARK, AND SWEET GRASS COUNTIES Rates Fringes ELECTRICIAN $26.61 $10.27 ------------------------------------------------------------- ELEC0532-003 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 ------------------------------------------------------------ E LEC 0768-001 06/01/2009 FLATHEAD, LAKE, LINCOLN, MINERAL, MISSOULA, RAVALLI,AND SANDERS COUNTIES Rates Fringes ELECTRICIAN $27.02 $10.37 HEAVY CONSTRUCTION SERVICES 2011 Page 3 EFFECTIVE JANUARY 27,2011 ENG 10400-001 05101/2009 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; Back h oe/Excavator/S hovel 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 -------------------------------------------------------------- LABO1686-001 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 EFFECTIVE JANUARY 27, 2011 PAI N0260-001 07101/2002 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 06/0112009 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 ------------------------------------------------------------ P LAS0119-001 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 HEAVY CONSTRUCTION SERVICES 2011 Page 6 - 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 ------------------------------------------------------------- PLUM0041-001 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 -------------------------------------------------------------- PLUM0459-001 05/01/2010 FLATHEAD, GLACIER, LAKE, LINCOLN, MINERAL, MISSOULA, RAVALLI,AND SANDERS Rates Fringes PLUMBER $27.51 $12.08 ------------------------------------------------------------- TEAM0002-001 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 HEAVY CONSTRUCTION SERVICES 2011 — Page 7 EFFECTIVE JANUARY 27, 2011 NOTICE TO PROCEED Dated TO: (CONTRACTOR) ADDRESS: Contract: (Insert name of Contract as it appears in the Contract Documents) Project: OWNER'S CONTRACT NO. You are notified that the Contract Times under the above contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement,the date of Substantial Completion is and the date of readiness for final payment is Before you may start any Work at the Site, paragraph 2.7 of the General Conditions provides that you and Owner must each deliver to the other(with copies to Engineer and other identified additional insureds)certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: (add other requirements) Citv of Bozeman (OWNER) By: (AUTHORIZED SIGNATURE) ACCEPTANCE OF NOTICE TO PROCEED By: (CONTRACTOR) (TITLE) Copy to Engineer (Use Certified Mail, (DATE) Return Receipt Requested) MONTHLY PAY ESTIMATE SUMMARY Date 2011 Water Renovations Project City of Bozeman, Montana Estimate No._- to 2011 DESCRIPTION AMOUNTS THIS MONTH PREVIOUS TO DATE Earnings for Work& Materials Installed: $0.00 $0.00 $0.00 Plus 100% of Invoice for Materials Stored: $0.00 $0.00 $0.00 Less Materials Used: $0.00 $0.00 $0.00 Subtotal: $0.00 $0.00 $0.00 5% Retainage: $0.00 $0.00 $0.00 Net Earnings: $0.00 $0.00 $0.00 Less 1% Gross Receipts Tax: $0.00 $0.00 $0.00 Gross Payment: $0.00 $0.00 $0.00 Less Previous Payments: $0.00 Net Payment this Estimate: $0.00 $0.00 Percent Time Elapsed: #VALUE! Work Done Based on Installed Cost: #DIV/0! Contract Completion Data: Notice to Proceed Date: Original Contract Completion Time (dy): 90 Stop/Resume Work Orders(dy): 0 Approved Time Extensions (dy): 0 New Contract Completion Time (dy): 90 Contract Completion Date: 3/30/1900 Contract Cost Data: Amount of Original Contract: $0.00 Approved Changes: $0.00 Revised Amount: $0.00 Approved by (Contractor): Approved by City of Bozeman (Owner): PAY ESTIMATE 2011 WATER RENOVATIONS PROJECT CONTRACTOR ENGINEER C4vof Bozeman P O Box 1230 Bozeman MT 59771 PAY ESTIMATE NO to 2011 QUANTITY COMPLETED AMOUNTEARNED PLAN THIS PREVIOUS TO BID THIS PREVIOUS TO ITEM DESCRIPTION UNIT QUANTITY ESTIMATE ESTIMATE DATE PRICE ESTIMATE ESTIMATE DATE 101 Taxes Bonds Insurance LS 1 0 0 0 $000 $D 00 $000 S000 102 Mobkaboo LS 1 0 0 0 $000 $000 $000 SOOO 103 Connection to aua6no mm EA 12 0 0 0 30 DO 1000 SOOO $000 104 4'MJ date vWe EA 1 0 0 0 $000 $000 $O DO $000 105 6'MJ pate valve EA 2 D 0 0 $0 00 $0 00 $000 SO 00 105 8'MJ note valve EA 22 0 0 0 SO 00 SO 00 SO 00 $000 107 1 Or MJ pate valve EA 2 0 0 0 S0.00 $0 00 $0 00 $0 DO 108 14'W pate valve EA 2 0 0 0 SO 00 $0 00 $0 00 SO 00 IDS 8.4 MJ Increaser EA 1 0 0 0 $000 Soo $000 SD 00 110 8.6 MJ nitre— EA 3 0 0 0 $0.00 $000 $000 $0.00 111 Bx4x8 MJ tee EA 1 0 0 0 $000 $0.00 $DOG SO OD 112 6,64 MJ tee EA 1 0 0 0 $000 $000 S000 $000 113 Bx6 MJ tee EA 11 0 0 0 $0 00 3000 $000 SOOO 114 BxB MJ tee EA 2 0 0 0 SOOO $0 00 $0 00 $0 00 115 12.8 W lee EA 1 0 0 D $000 SO 00 $0 00 SOOO 116 8x8 cross EA 1 0 0 0 $0 00 SOOO SOOO $0 00 117 14xB cross EA 1 0 0 0 $0.00 $000 E0 DO $0 DD 118 12s8 cross EA 1 0 0 0 $0 00 $0 00 $000 $0 00 119 10x6cmss EA 1 0 0 0 $000 $000 $000 $000 120 1125 tied 8'MJ bend EA 12 0 0 0 $000 $000 5000 S000 121 225 den.8'MJ bend EA 2 0 0 D SOD!) S000 $O 00 S000 122 45 tied.6'MJ bend EA 2 0 0 0 SO 00 $0.00 3000 $000 123 90 dap.8"MJ bend EA 1 0 0 0 $000 $0 OD $000 $000 124 45 dap 6'MJ bend EA 2 0 0 0 SOOO $0 00 $000 SO 00 125 45 deo 4'MJ bend EA 2 0 0 0 SO DO $0 00 SO DO $000 126 rducde son pce LF 5798 0 0 0 $000 $000 $000 $000 127 1 Or ductile kon proe LF 21 0 0 0 SO 00 $0 00 $0.00 $0 DD 12e 14"ductle inch pce LF 24 0 0 0 $000 $000 SODO $000 129 SerWcereconnecBOn nAn trench lmas EA 93 0 0 0 $000 S000 30.00 $000 2'dameter and smaller 130 Service reconnecadn WAn trench Ymitl EA 1 0 0 D SO.00 $000 $000 $000 4'diameW and larder 131 Service reconnection oulsde trench smas LF 1815 0 0 0 $000 $000 $000 $0 OD r diameter and smaller 132 Fae FNdrant 6 O'Bury EA 1 0 0 0 SO DO $0 00 SO DO $000 133 Fire Hydrant 7 5'Bury EA 8 0 0 0 $0.00 $0 00 30.00 SO 00 134 Fes Hydrant 80'Bury EA 1 0 0 0 S000 S000 S000 fODD 135 Insulabon LF 1070 0 0 0 3000 $000 SO,DO $000 136 Traffic Control LS 1 0 0 0 SO DO $000 SO DO SOOO 137 Temomiy water system LS 1 0 0 0 $000 $000 $000 $000 138 AaohsA Surface Restoration LF 6163 0 0 0 SOOO $000 $000 $D DO 139 Type 2 baddna Cy 20 0 0 0 $000 SO 00 $000 $O 00 • 140 Cwb BovV*e Box Removal Each 12 0 0 0 $ODO $000 $0.00 $000 141 Locate B Repau Sewer Service Each 20 0 0 0 $000 30.DO $DOD $000 142 QuaNV Assurance Tesinp LS 1 0 0 0 $DOD $000 $000 $000 143 Miscellaneous Work EA 10DD0 0 0 0 St DO $000 SO DO $0 00 SUBTOTAL BID ITEM WORK INSTALLED $000 $000 $000 MatedaN in Stprane $000 $O DO S000 Materials out of Storage $000 $000 $0 00 SUBTOTAL $000 $0 DO SO.00 Total Amount Due $0 00 $0 00 $0 00 Less Retainace 5 h $0 00 $0,00 SO DO Subtotal $000 $0.00 $O OD Less 1%Dross Repents Tax $000 S000 SO 00 Subtotal S000 $000 9000 Less Pre—Payments $000 $000 Total Due Thin,Payment $000 SO OD CITY OF BOZEMAN ACCOUNTS PAYABLE P.O. Box 1230 -Bozeman, MT 59771-1230 (406)582-2334 WARRANT# PAY TO: DATE PAID: WARRANT TOTAL $ VENDOR # DATE INVOICE# FUND ACCOUNT OBJECT PROJECT DESCRIPTION AMNT TOTAL $ CERTIFICATION THATGOODS OR SERVICES HAVE BEEN RECEIVED: 1. 2. DEPARTMENT HEAD OF DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: 1, the undersigned, do solemnly swear, that I am of OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant, and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: Phone SS# or Tax ID # Business License# THE CITY OF BOZEMAN MUST HAVE YOUR SS# OR TAX ID# AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. I i Field Order I No. i Date of Issuance: Effective Date: I Project: Owner. Owners Contract No.: Contract: Date of Contract: I Contractor. Engineer's Project No.: Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.05A., for minor changes in the Work without changes in Contract Price or Contract Times. If you consider that a change in Contract Price or Contract Times is required,p!esse notify the Engineer immediately and before proceeding with this Work. Reference: (Specification Section(s)) (Drawing(s)/Delail(s)) Descdplion: Attachments: Engineer: Receipt Acknowledged by(Contractor): Date: Copy to Owner EJCDC No.C-942(2002 Edition) Page 1 of 1 l HAIN U L)"LK 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 C:\Backup\Lamme Water Replacement\Specs\COB Change Order Form.doc CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. Page 2 of 2 C:\Backup\Lamme Water Replacement\Specs\COB Change Order Form.doc ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: Morrison-Maierle, Inc. Project Number TO: PROJECT AND LOCATION OWNER: By reason of which renders it impracticable for you to secure specified results on the work required by your contract,you are hereby directed to suspend work(minor operations excepted),at the close of work on You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will(will not)continue to be charged during the period work is suspended. (See General Conditions, Articles 12 and 15 and applicable Supplementary Conditions). calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendar days have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: cc: Morrison-Maierle, Inc. Order to Contractor to Suspend Work- Page 1 of 1 CABackup\Forms\7 suspend—wrk.doc 4/2/09 ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: Morrison-Maierle, Inc. Project Number TO: PROJECT AND LOCATION OWNER: The Suspend Work Order, dated directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective Under the terms of your contract for this project, Contract Time was (was not) charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, of the calendar days Contract Time had been used. . calendar days were charged during the period work was suspended, therefore, on the date this resume work order is effective, calendar days of Contract Time remain. The(revised) contract completion date is 20 Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your file. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: cc: Morrison-Maierle, Inc. Order to Contractor to Resume Work—Page 1 of 1 CABackup%Forms\9 resume_wrk.doc 4/2/09 SPECIAL PROVISIONS 1. GENERAL The work to be performed under this contract involves furnishing all labor, materials, equipment, supplies and services necessary for installation of an 8" water main and associated appurtenances to replace existing mains in the City of Bozeman. All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Fifth Edition (MPWSS), 51h Edition, and as further modified by the City of Bozeman Modifications to MPWSS, 5th Edition,including Addendums,which is hereby included as part of these specifications. All references to MPWSS sections, unless otherwise noted, are a reference to said Montana Public Works Standard Specifications. All correspondence and official authorization concerning the work shall be with the City Engineer or his designated representatives as identified at the preconstruction meeting. Any changes in the Work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractors risk at no cost to the Owner. All damages, reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. SCOPE OF WORK The work involves replacement of existing mains with the installation of approximately 5,796 LF of 8", 21 LF of 10",and 24 LF of 14"ductile iron water main and appurtenances.The work areas are generally described as: S. 8th Ave.,Harrison Street to Main Street;Bozeman Ave., Story Street to Olive Street;E. Koch Street, Bozeman Ave. to Lindley Place; and Lindley Place from E. Koch Street to Olive Street. 3. AWARD OF CONTRACT The award of the contract,if awarded,will be made within the period specified in the Invitation to Bid to the lowest responsive, responsible Bidder who's Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter,mailed to the address shown on the Bid,that his Bid has been accepted and that he has been awarded a contract. The Bid schedules 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. 4. 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. A separate notice to proceed may be issued for each separate or combined bid schedule. Where multiple schedules are awarded under a single contract,the contract times shall run concurrently,unless the City agrees to 1 SPECIAL PROVISIONS issue separate notices to proceed. The Contract Time will expire automatically the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change order. 5. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents,the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred,the Contractor shall be assessed a liquidated damage of$500.00 per calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 6. COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the project following the Bid Opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner. 7. NAMES, PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer,trade name,or brand, such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written approval of the Owner. No substitutions will be considered until after contract award. 8. APPROVAL OF EQUIPMENT AND MATERIALS The Contractor shall furnish to the Owner or its Engineer for approval the name of the manufacturer of machinery,mechanical and other equipment and materials which he contemplates using in execution of the work,together with the performance capacities and such other information which may be pertinent or required by the Owner. 9. BIDDER'S QUALIFICATIONS The Contractor shall show evidence that he has the finances,organization,and equipment to perform the work with a limited number of subcontractors. The Contractor will be required to have 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 2 SPECIAL PROVISIONS on the project. 10. WARRANTY If,within two years after acceptance of the work by the Owner,any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time,the Owner may correct the work at the expense of the Contractor. 11. SCHEDULING Prior to or at the 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. C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for the specific conditions involved with each construction schedule. The Contractor shall limit working hours to 7:00 a.m. to 7:00 p.m.,Monday through Friday. No work shall be done outside of these hours unless specifically approved by the City Engineer. 12. PRECONSTRUCTION CONFERENCE After the contract(s)have been awarded,but before the start of construction,a conference will be held at the City Engineer's Office, 20 E. Olive Street, for the purpose of discussing requirements on such matters as project supervision,on-site inspections,progress schedules and reports,payrolls,payment to contractors, contract change orders,insurance, safety, and any other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel and a representative from each of the affected utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and any problems anticipated. 13. SHOP AND FABRICATION DRAWINGS The Contractor shall prepare and submit fabrication drawings,design mix information,material testing compliance data, and other data, in accordance with the General Conditions. Following review, the 3 SPECIAL PROVISIONS Contractor shall resubmit copies of any drawings which required revision or correction. Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements,and proper operation of any item required under the Contract. Notwithstanding any such review, Contractor shall remain solely responsible for full and complete performance in accordance with the terms, conditions, provisions, drawings and specifications set forth in the Contract Documents. 14. UNDERGROUND UTILITIES The Contractor shall be responsible for checking with the Owners of underground utilities such as the City,County,power and telephone companies,etc.as to the location of their underground installations in the project area. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. A Montana One-call system, phone number 1-800-424-5555 has been set up to facilitate requests for underground facility located information. The Contractor is responsible for contacting the One-call system prior to any excavation. 15. EASEMENTS, RIGHTS-OF-WAY,ADJOINING PROPERTY The Contractor shall contain all of his construction operations within the easements and rights of way unless written approval is secured from the owner of the adjoining property or written approval is given by the Owner to utilize the adjacent land area. 16. TRAFFIC CONTROL A. General. The Contractor shall at all times conduct his operations so that there is a minimum interruption in the use of the City's streets affected by the work. Exact procedures in this respect shall be established in advance of construction with the City Engineer. Barricade function,design and construction shall conform to the latest edition of the Manual on Uniform Traffic Control Devices(MUTCD)and the Standard Specifications for Road and Bridge Construction of the State Highway Commission of Montana latest Edition. Should construction of the project require the closure of any streets,roads or highways or require night- time or long-term traffic control, the Contractor will be required to prepare a detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the specific conditions. Traffic control plans shall be in conformance with the requirements of the Manual on Uniform Traffic 4 SPECIAL PROVISIONS Control Devices. In regards to closures, the plan shall include specific details on traffic detours and estimated durations of the closures. Details of signing, barricades, flagging and other traffic control devices shall be presented. The traffic control plan shall be approved by the Owner prior to construction. The Contractor may be required to modify or adjust a traffic control set-up to fit specific field conditions encountered during construction. B. Traffic Access. Construction work shall be programmed by the Contractor so that local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all affected residents in the area of programmed work, of street closures, parking requirements and restrictions, and any other conditions, a minimum of twenty-four(24)hours prior to beginning work within the affected area. All signing, barricades, and other traffic control measures shall be provided by the Contractor. C. Warning Signals. All streets, roads, highways and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed,mounted or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over; and obstructions, including but not limited to, material stockpiles and equipment shall be similarly protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. D. Notifications.The Contractor shall coordinate all of the Contractor's construction activities to minimize conflicts at the work site,off-site events,or other construction projects nearby.The Contractor shall notify all affected residents and businesses, the Bozeman Police, Fire, Street, and Sanitation Departments,Laidlaw Bus Service,Streamline Bus Service,AMR Ambulance Service,and Allied Waste Services of all planned street closures a minimum of 24 hours before any actual street closure. In addition, all businesses affected by a street closure shall be given seven(7)days advance notice of the upcoming street closure. The Contractor shall maintain a log of all advance notifications that have been made for each street segment construction site. Prior to closure of any collector or arterial street, the Contractor shall prepare a news release announcing the upcoming street closure which shall specify at a minimum the impact of the construction upon the public and the duration of the work. At least three days prior to the street closure,the Contractor shall submit the news release to all local news media,and shall cause the news release to be published as a display ad in the Bozeman Daily Chronicle. E. Signalized Intersections. The Contractor shall coordinate with the City of Bozeman Street Department and the Montana Department of Transportation when working in or near a signalized 5 SPECIAL PROVISIONS intersection. Signals shall not be disrupted without prior approval by City of Bozeman Street Department and the Montana Department of Transportation. F. Work Methods. 1. The Contractor shall position all traffic control devices according to plan prior to positioning personnel or equipment on the traveled way. 2. The Contractor shall inspect and check the work zone traffic control frequently including weekends, holidays, and other non-working days, and shall correct any deficiencies discovered. The Contractor shall keep a log of all inspections. 3. Construction traffic control devices shall be removed or covered when they are not being used for construction activities. 4. If the Contractor fails to correct a deficiency in the traffic control system that the Engineer deems a necessary traffic control modification to expedite the movement of traffic or an emergency hazard to life and/or property, the Owner may correct the deficiency and be reimbursed for all costs from the next progress payment to the Contractor. 5. Flagging shall be only performed by certified and properly equipped flagpersons. Flagging shall be done as described in the booklet "Instructions to Flagpersons" published by the Montana Department of Transportation. 6. Sidewalks and crosswalks shall remain free of debris and open to pedestrians to the greatest extent possible. When necessary pedestrian detours shall be established or the sidewalk shall be properly closed to travel in accordance with the MUTCD and City of Bozeman requirements. 7. The Contractor shall schedule the work to minimize inconvenience to the Owner and to adjacent property owners and to minimize interruptions to utility service and through traffic. The Contractor shall maintain vehicular access to local businesses at all times. The Contractor shall maintain vehicular access to residences able to be used after each shift. 8. The Contractor shall designate one(1) employee whose primary purpose shall be to coordinate traffic control and shall provide a 24 hour per day telephone number or numbers to contact this person. 17. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL 6 SPECIAL PROVISIONS 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 fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers,streams or impoundments. Pollutants such as chemicals,fuels,lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers, streams,impoundments or into natural or manmade channels leading thereto. In addition,the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Department of Fish, Wildlife and Parks, Department of Health and Environmental Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations and stormwater runoff. Contractor's shall include all clean-up, restoration, etc., of any detention or discharge areas. All debris or waste materials shall be cleaned up by the end of the work day. 18. PROTECTION OF EXISTING PAVEMENT All equipment shall be fitted with pads on the outriggers and other accessories as necessary to prevent damage to existing pavement during the course of the project. Any damages to pavement shall be corrected by the Contractor, at his expense, in a manner as directed by the Engineer. 19. MANHOLES, VALVE AND MONUMENT BOXES All manholes,valve and monument boxes shall be protected with heavy builders paper until final coating and compaction has occurred. Contractor shall dig out and clean completely all boxes and manholes which are not protected. All manholes and boxes which are at the edges of the defined limits of construction shall be treated as if they are completely within the construction area and the area immediately surrounding the raised and/or protected manholes and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or box. It is imperative that manholes and valve boxes be accessible to the City for emergency maintenance of its utilities. The Contractor shall schedule his work to provide timely access to manholes and valve boxes. Manholes,and valve and curb boxes overlaid by the Contractor and not immediately re-exposed shall be 7 SPECIAL PROVISIONS subject to being uncovered by City crews without notice in response to emergency maintenance needs. The Contractor shall be responsible for reasonable restoration at no cost to the City. 20. OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. 21. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the Owner. All hydrants shall be delivered to a site of the Owner's choosing within the property limits of said Owner. All items that can be recycled(i.e.pipe,fittings,ect.)shall be delivered by the contractor to Pacific Steel and Recycling. All funds collected for the recycled material shall be given to the Water Superintendent. Any costs for the above referenced work shall be at the contractor's expense. 22. ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers and records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 23. INSURANCE Insurance coverage required under this contract shall extend, at a minimum,to the end of the contract time. 24. WATER SERVICE RECONNECTIONS It shall be the responsibility of the CONTRACTOR to hook up all active water services. Water services as shown on the plans have been identified to be active or inactive (not hooked up)based on the best available records, however it shall be the CONTRACTOR'S responsibility to verify which services are active and need reconnection. He shall be responsible for contacting and coordinating with the landowners to determine which services are active. All active water services shall be reconnected. CONTRACTOR shall be responsible for locating all service connections outside mainline trench limits. Copper pipe shall be used to reconnect service lines 2" and smaller and ductile iron pipe shall be used to reconnect services 4" and larger. All active services encountered that are not copper, cast iron, or ductile iron pipe shall be replaced up to the meter. Replaced services shall be of same size as existing service, unless otherwise directed by the ENGINEER. 8 SPECIAL PROVISIONS 25. WATER SERVICE SHUTDOWNS r The CONTRACTOR shall notify water service customers of any water main or water service shutdowns in writing between 24 and 48 hours prior to the disruption, and shall have all necessary materials, tools, equipment and labor on the site prior to removing the existing lines from service. 26. ABANDONING EXISTING PIPE Existing water, sanitary sewer, and storm drainpipes noted on the plans to,be abandoned in place shall be abandoned only after the new water line, storm drain or sanitary sewer, or usable portions thereof, have been constructed, tested, and approved. All ends of the abandoned pipes shall be plugged with Class M-3000 concrete. Upon completion of the installation of the new water mains and disconnection of the existing water mains, the contractor shall remove all abandoned appurtenances that are at or above grade that were not removed during installation of the new water main. Fire hydrants shall be removed down to the shoe and salvaged to the City of Bozeman. Curb box and valve box castings shall be removed to a minimum of 18"below grade. The resulting voids shall be filled with flowable fill if within a paved surface and patched with.either asphalt plant mix or portland cement concrete to match the existing pavement surface type and thickness. Voids in landscaped areas shall be backfilled with compacted soil and seeded. The cost of abandoning existing pipes and other appurtenances shall be considered incidental to construction and the cost for this work shall be absorbed in related items of work. 27. LANDSCAPING RESTORATION CONTRACTOR shall be responsible for the restoration of any and all lands&ape features disturbed during construction. All landscaping disturbed by construction activities must be restored to a condition equal to or better than the conditions existing prior to construction as judged by the ENGINEER. The CONTRACTOR shall be required to stockpile and restore all topsoil and irrigation systems disturbed by construction. The cost of landscaping restoration shall be considered incidental to construction and the cost for this work shall be absorbed in related items of work. Section 02910—Seeding Add the following: 2.1 Seed W03 Use the following seed mixture toured all disturbed landscaped areas at a rate. Rbs/acre: Tall Water-save Femm e:�" 60% NOI)39Vd Kentucky Blue ras§T999898 25% 3WGN/'ON Xdd Perennial Ryegrras:s 51/b0 15% 3WI1`31tJQ VZ0699f9IONS 69ZZZ8990P 131 28. WA=MPEPEMATERIALS AND SPECIALS NdW3ZO9 AO AiID 3WdN Z6.80 T10Z/9Z/t,0 3WI1 PECIAL PROVISIONS INOd3N NOI VOIdI83A NOISSIWSNVNi A. Water main piping materials shall be ductile iron pipe as referenced in Section 02660, MPWSS, and City of Bozeman Modifications to MPWSS. B. All service line reconnections or extensions shall be installed under existing mains. C. Service reconnections shall be reconnected by the method shown on City of Bozeman Standard Drawings 02660-6 and 02660-12.Note that all corporation stops shall be ball corp valve type, and all curb stops shall be ball valve curb stops. D. The reconnection of services shall be made with the minimum amount of fittings necessary. At the determination of the ENGINEER, exposed existing fittings shall be removed and the service reconnection point lengthened, as necessary. This shall be incidental to the work. E. The reconnection of services shall follow the guidelines of the industry and material manufacturer. This will include: 1. Removal of burrs after cutting the pipe. 2. The use of a manufactured sizing tool to true the pipe. 3. Using special care to keep the fittings clean. 4. Forming the specified expansion loop. 29. INSULATION BOARD Water line insulation board shall have a closed cell structure with an R-Value of 5 per inch of thickness. Maximum water absorption shall be 0.1%by volume and minimum compressive strength shall be 60 psi. Insulation board shall be Styrofoam Brand High Load 60 or approved equal. Insulation board shall be installed with 2-inches of sand bedding and 2-inches of sand over the top of the insulation board. Insulation board shall be installed as specified on the plans over all water mains, service lines, or hydrant leads when depth of cover is less than 6.5 feet. 30. FIRE HYDRANTS There may be locations where fire hydrants are to be installed at depths which differ from the typical bury depth. CONTRACTOR shall be responsible for obtaining the correct materials to ensure that all fire hydrants are installed with the proper bury depth. Installation of fire hydrants must be such that the break away bolts are accessible from underneath and that the bottom of the break away flange is not installed more than 3-inches above the finished grade. 31. MAINLINE CONNECTIONS All mainline connection taps will be performed by the City of Bozeman personnel. City personnel will verify test results prior to tapping. CONTRACTOR shall be responsible for supplying and installing tapping tee, connection sleeves, spool pieces, and all other appurtenances required for 10 SPECIAL PROVISIONS connections. Once tap is completed, CONTRACTOR shall complete all connections. CONTRACTOR shall provide means, methods, and labor to set and remove tapping equipment. City of Bozeman requires 24-hour notice and an appointment(scheduled time) for tapping services. No taps will be made after 3:00 p.m. CONTRACTOR shall be ready at scheduled tapping appointment time. If CONTRACTOR is not ready at scheduled time, City personnel will leave and CONTRACTOR shall reschedule with the required 24-hour notice. No consideration will be given to CONTRACTOR's inability to be ready at the scheduled tapping time. City of Bozeman will provide tapping service at no cost to CONTRACTOR. 32. CHLORINATION AND TESTING Water Water required for water main flushing, filling, and hydrostatic pressure and leakage testing shall be provided at no cost to the CONTRACTOR. Flushing CONTRACTOR shall provide a means for flushing and bleeding air from water lines. For flushing, a minimum of one 2" tap (corp and saddle) for pipe less than 12 inches diameter and two 2" taps (corp and saddles -with 1' separation) for pipe 12 inches diameter and greater, shall be installed on the piping if other means (fire hydrants, tapped plugs, etc.) are not available. CONTRACTOR shall be responsible for the proper disposal of all chlorinated water. For bleeding air, it shall require a minimum of 3/4" tap (corp and saddle) on the piping if other means (fire hydrants,tapped plugs, etc.) are not available. Corps shall be removed after testing is completed and replaced with brass plugs. Any corp, saddles, or other pipe or fittings required for flushing or bleeding air from water lines shall be incidental to the water main construction. Chlorine If the "tablet"method of chlorination is used, only the granule hypochlorite shall be used. 33. TEMPORARY WATER SYSTEMS - GENERAL The CONTRACTOR shall provide temporary water service to all interrupted service connections associated with the water main replacement projects. The areas where consumers are affected by the work and require a temporary water supply should be verified with both the ENGINEER and OWNER at least 72 hours (excluding weekends and holidays)prior to the anticipated suspension of water service. Temporary water service shall include temporary service for fire protection. In lieu of providing temporary service for fire protection, the Contractor may provide a fire watch in each building for all times that the fire service is inactive and the building is unoccupied. This method shall only be allowed with the approval of the property owner. The person doing the fire watch shall have no other duties during the time they are on fire watch duty. Temporary water service to fire 11 SPECIAL PROVISIONS systems shall be sized as necessary to meet the demands of the building sprinkler system. Following the ENGINEER's and OWNER's review and approval of any proposed shutdown request, the CONTRACTOR shall be required to give a minimum 24-hour advance notice (excluding weekends and holidays) to all residential consumers whose service will be temporarily affected, by means of individual notices delivered to each consumer. The CONTRACTOR must have available all the necessary materials to complete the restoration of water to each of these residential services within eight (8)hours after the suspension begins or before 5:00 p.m., whichever comes first. For commercial services, special arrangements shall be made by the CONTRACTOR to provide temporary water service. The CONTRACTOR will not be allowed to take a commercial service out of service except in emergency conditions. The CONTRACTOR shall supply all hoses, fittings, etc., for providing temporary water service. Copper piping or other "non- taste"inducing pipe shall be necessary if the commercial consumer serves food or water products as part of his business. The CONTRACTOR will be required to supply temporary water to the residential consumer if the above 8-hour limitations are expected to be exceeded. The CONTRACTOR shall submit a shop drawing including all materials proposed to be used for temporary water. Additionally, a temporary water plan shall be submitted for each zone prior to starting to layout the temporary water system. This submittal shall include connection points, hydrants and/or valves to be operated by City of Bozeman personnel, layout for connection to each service, and the location of all asphalt trench cuts as a minimum. Depending on the circumstances of the zone, additional information may be required by the ENGINEER. These submittals shall be submitted in accordance with the submittal section of these specifications. 34. TEMPORARY WATER SYSTEMS - EXECUTION 1.01 The CONTRACTOR shall be solely responsible for all activities of locating and exposing curb stop valves to the individual properties. The OWNER will operate all curb stop valves. All notes of existing condition shall be identified on forms as supplied by the ENGINEER. Any existing condition that is suspected to indicate a defect of the curb stop valve, box, or service shall be reported immediately to the ENGINEER. Other than the operating curb stop valves, the OWNER will not participate in any activity up to this point. If the notices are not issued or the service is not ready to be connected to restore service,the City shall be free to exercise its authority in not closing down the existing valves and water main system. 1.02 The water piping of temporary hoses, piping, etc. shall be a 160-psi rating,NSF approved hose, flexible polyethylene pipe, or PVC pipe. All pipe used for the temporary water system must have a visible NSF approval stamp by the manufacturer. A short section of high 12 SPECIAL PROVISIONS pressure flexible rubber hose may be used for the connection to each residence. The temporary system must be leak proof. 1.03 The distribution pipe shall have a manual shut-off valve at each service tee. Additionally, each service must have backflow prevention fitting. There shall be a double check/backflow prevention fitting at the primary connection to the water supply source, which shall be supplied by the contractor along with a testing certificate showing that it has been recently tested. Double check backflow preventer shall be Watts Series 009 or Series 909 or approved equal. Each backflow preventer shall be properly supported to protect the assembly and the attached piping from breakage. Each double check backflow preventer assembly shall be tested to verify its integrity by a certified backflow prevention technician prior to use for the first time. Each backflow preventer shall be tagged with an identification number and subject to additional testing at the discretion of the ENGINEER. All costs for testing shall be the responsibility of the CONTRACTOR. 1.04 Each house connection shall be equipped with a wye or splitter with a valve to allow for lawn watering. Plastic fittings are not permitted. The connection to each customer shall require a short section of high-pressure flexible rubber hose at the connection point. House-to-house connections are not permitted. All connections shall be from the approved temporary water system. 1.05 All pipe sizes shall be adequate to meet ordinary water supply demands of the consumers. 1.06 All temporary water systems shall be disinfected and approved by the City of Bozeman before being placed into service. The disinfection procedures shall be equal to the procedures required for the new water main. This will require minimum 48-hours laboratory time Bac-T sample to determine acceptability. Temporary hoses, piping, fittings, etc., to be flushed and disinfected in accordance with the State of Montana Department of Health and Environmental Services, Water Quality Bureau standards, and the standards of this specification prior to being put into service. 1.07 Once the temporary water system has been assembled, pressure tested and disinfected,the City of Bozeman Water Department staff will review the test results and inspect the final connection to the building. The City of Bozeman Water Department staff will not participate in the assembly of the temporary water system. The CONTRACTOR shall conduct all other work on the services as stated in Item 1.01. 1.08 Pipe protection measures must be supplied at road crossings, alleyways, or residential 13 SPECIAL PROVISIONS v driveways. For crossings of arterial or collector streets, the CONTRACTOR will be required to install the temporary water in a shallow trench. Aerial crossings of the temporary water lines at street crossings will not be allowed. Temporary water supply pipes shall not be installed in storm drain pipes. For crossings of local streets, alleyways, or driveways,traffic-rated hose ramps shall be used to protect the line from damage. Mounding millings or cold mix over a temporary water pipe will be allowed under the following conditions: 1. The maximum height shall be 2-1/2 inches. 2. A bond breaker shall be laid on top of the existing asphalt before the millings or cold mix are laid down. The millings or cold mix shall be tapered a minimum of 3 feet on either side of the temporary water pipe. 3. Provisions are made to avoid impact loads on the temporary water pipe. 4. Signs are erected indicating a bump ahead at 500 feet and 100 feet from the bump and at the bump in both directions. The asphalt crossings shall be cut straight and vertical shall have uniform width and shall be cut perpendicular to the centerline of the street. Restoration shall match the appropriate surface restoration detail and shall have an adequate width to allow compaction with a small mechanical compactor. There will be no payment for any street cuts or asphalt restoration under this item, this being incidental to the work. Temporary water lines that cross pedestrian pathways shall have ramps that meet ADA requirements to allow for safe pedestrian crossings of the lines. 1.09 After services are connected or reconnected following installation,testing, and acceptance of the new main, the water service piping shall be backflushed from the residence to the trench. The inability to backflush shall not relieve the CONTRACTOR from any requirements of the Contract Documents. 1.10 The CONTRACTOR should expect to find the existing plumbing on some services to be in old condition.The CONTRACTOR shall use an ordinary degree of care while working on this condition of service. Also,there may not be any convenient point of temporary connection on some services.In this case,temporary fittings must be provided to achieve the temporary water supply.This will be incidental to the work. 1.11. The contractor shall provide a local representative who is available 24 hours a day and 7 days a week to maintain the temporary water system and to respond to correct any problems with the system. The phone number of this representative shall be provided to the owner at the preconstruction meeting. 35. ENGINEERING MATERIALS TESTING AND CONTROL TESTING 14 SPECIAL PROVISIONS A. With the exception of items requiring special inspection,the Contractor shall be responsible for all material testing including, but not necessarily limited to: l. Dates of acceptable tests for water mains,which shall 'include hydrostatic and leakage testing and bacteriological testing. These tests shall be conducted by the Contractor in the presence of the City. The written test results shall be provided to the City prior to acceptance of the water main. 2. Elevations shall also be recorded and provided for the top of water main at 50' intervals.The Contractor shall cooperate with the City to document these elevations, including providing the equipment necessary to shoot the elevations. The City will have a representative on-site to record the data as the pipe is being installed. The Contractor shall provide safe access to the City for these inspections and cooperate with the City to ensure that adequate documentation is obtained. 3. Verification that all thrust blocking is installed in accordance with the approved plans and specifications. The Contractor shall provide safe access to the City for these inspections and cooperate with the City to ensure adequate documentation is obtained. 4. Theoretical maximum density,optimum moisture content,and sieve analysis for the sub-base course, crushed base course, pit run, and native backfill and subgrade material within the right-of-way. 5. Documentation of in-place field density test for trenches, roadways, and embankments at intervals of 50 feet. Tests for roadways shall be provided for subgrade, sub-base course and/or pit run, and crushed base course materials. 6. Portland Cement concrete and asphaltic concrete pavement mix deigns. B. All Contractor testing, except pipeline pressure testing, shall be performed by an independent, certified testing laboratory approved by the Owner and Engineer. All test results shall be provided to the Engineer and the Contractor shall provide written authorization to the testing laboratory to release test results to the Engineer.A copy of this authorization shall be submitted to the Engineer prior to the construction startup. The Engineer shall have the authority to select when and where tests are taken(i.e. select concrete truck(s), areas of backfill for density, etc.) C. The Engineer reserves the right to conduct testing to ensure compliance with the specifications. D. Neither tests made by the Owner or the Engineer will relieve the Contractor from his obligation to perform the work in accordance with the Technical Specifications. E. Materials,compaction,densities,or other construction items which do not meet the requirements of these specifications shall be replaced and retested at the Contractors' expense. 15 SPECIAL PROVISIONS All laboratory and material test submittals shall be provided to the Owner and Engineer before placement of any pavement or concrete sections. 36. FLOWABLE (NONSHRINK) BACKFILL All flowable (nonshrink) backfill shall meet the following MDOT specifications: E. Flowable Fill. Flowable fill is a mixture of portland cement, fly ash, fine aggregate, air entraining admixture and water. Flowable fill contains a low cementitious content for reduced strength development. Submit a mix design for approval. No compressive strength testing is required for the mix design. Table 551-1 has the suggested mix guides for excavatable and non-excavatable flowable fill. TABLE 551-1 FLOWABLE FILL MIX DESIGN GUIDE MATERIALS EXCAVATABLE NON-EXCAVATBLE Cement, Type I or II 75.6-102.6 lb/yd3 75.6-151.2 lb/yd3 45-60 k m3 45-90 k m3 Fly Ash None 151.2-596.7 lb/yd 90-355 k /m3 Water Mix designs must produce a Mix designs must produce a consistency that results in a consistency that results in a flowable, self-leveling product flowable, self-leveling product at time of replacement. at time of replacement. Air 5%to 35% 5%to 15% Unit Weight(Wet) 2,430-2,970 lb/yd3 2,700-3,375 lb/yd3 (1,440-1,760 k m3) (1,600-2,000 k /m3 Furnish fine aggregate meeting Subsection 701.01.1 requirements. The fine aggregate has no fineness modulus requirement. High air generators or foaming agents may be used in lieu of conventional air entraining admixtures and may be added at the jobsite and mixed in accordance with the manufacturers recommendation. The requirements for percent air, compressive strength and unit weight are for laboratory designs only and are not intended for j obsite acceptance requirements.Proportion fine aggregate to yield 1 cubic yard (1 cubic meter). Flowable fill shall be considered an incidental work item with no separate measurement and payment. All costs associated with this item shall be included in other bid items. 37. USE OF REMOVED ASHPALT PAVEMENT Asphalt concrete pavement removed during trenching operations may be used as backfill material in areas with Type A backfill if mechanically processed to 4"minus size with a cold planer, rotomill, or similar equipment and mixed at no more than a 50/50 ratio with other backfill material. Asphalt 16 SPECIAL PROVISIONS concrete pavement removed during trenching operations may be used as pavement base course material if mechanically processed with a cold planer, rotomill, or similar equipment to meet the gradation requirements of the base course and mixed at no more than a 50/50 ratio with other base course material. 38. FIRE SERVICE VALVE BOX LIDS Valve box lids for all valves on fire service lines shall have the word"FIRE"on the lid,and shall be East Jordan Iron Works Product No.06800029 or approved equal. See attached drawing on following page. 39. PROTECTION OF TREES, SPRINKLER SYSTEMS, AND PROPERTY PINS The Contractor shall take special care when working around trees to avoid any unnecessary damage to the roots, branches or the trunks of trees. If any roots have to be removed to complete the work, the roots shall be neatly cut with a sharp tool. Indiscriminate ripping of tree roots will not be permitted. Protective barriers shall be placed around trees as necessary to prevent inadvertent damage by equipment. The Contractor shall take care to locate any existing sprinkler heads or lines prior to excavation. Any sprinkler systems which are damaged shall be repaired by the Contractor. The Contractor shall be responsible for preserving existing property pins in the field. The cost of resetting property pins removed by the Contractor shall be the responsibility of the Contractor. 40. USCHEDULED EMPLOYMENT OF CITY WATER/SEWER SERVICE WORKERS One City Of Bozeman Water/Sewer Operations Dept service worker will be available 7:15 AM till 5:15 PM Monday-Friday with the exception of City recognized holidays.Work scheduled outside these times with less than 24 hours notice will be billed at 1.5 times the service worker's base pay rate of$21.00 per hour. Call outs (emergency response with no notice) will be billed 2 hours double time the base rate. Each succeeding hour thereafter 1.5 times the base rate. 17 SPECIAL PROVISIONS SECTION 00100 MEASUREMENT AND PAYMENT The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to the Contractor will be made based on the actual satisfactorily completed work quantities measured in the field. Under the terms of this contract,the unit price as contained in this Bid Form shall be applicable to quantity overruns. The following measurement and payment sections do not necessarily name every incidental item required by the Contract Documents to complete the work. Cost of all such incidental items shall be included in the various related bid items. Item 101: (Taxes,Bonds,Insurance) To be paid on the first progress pay estimate one-hundred percent (100%) upon mobilization to begin construction, only if the bid price for this item is less than five percent (5%) of the total price. For that portion of the taxes, bonds, and insurance greater than five percent(5%),if any,payment shall be made on the basis of the percentage of the work completed of each progress estimate. Item 102:(Mobilization)Fifty percent(50%)to be paid on the first progress estimate when mobilizing to begin construction,and fifty percent(50%)to be paid following substantial completion and acceptance of the work. Item 103: (Connection to existing main)Measurement and payment per connection to an existing water main. Payment shall include all materials, equipment and labor to complete the connection, including any necessary thrust restraint,thrust blocks, or gravity blocks,pipe spools, and couplings. Items 104, 105, 106, 107, & 108: (Gate valves) Measurement and payment shall be as per MPWSS Section 02660 4.6 A. Items 109, 110, 111, 112, 113, 114, 115, 116, 117, 118 119 120 121,122, 123 124 & 125• (Tees, bends,crosses,and increasers)Measurement and payment shall be as per MPWSS Section 02660 4.3 A. Item 126, 127,&128: (8", 10",& 14"ductile iron pipe) Measurement of water mains is made in lineal feet along the centerline of pipe through all valves,fittings,and appurtenances.Payment for water mains will be made at the contract unit price bid per lineal foot for 8" ductile iron pipe, which includes furnishing and installing pipe,furnishing and placing Type 1 pipe bedding,trench excavation,backfill, and compaction, including furnishing and placing any required flowable fill backfill, cleaning,testing, and disinfecting the water main,providing any and all necessary joint and thrust restraint, dewatering, proper disposal of all waste materials, and all other work necessary or incidental for completion of the item. Item 129: (Service reconnection within trench limits,2"diameter and smaller)Measurement shall be by 1 MEASUREMENT AND PAYMENT the numerical count of each service that is reconnected within the limits of the main line trench.Payment at the contract unit price shall constitute full compensation for furnishing and installing all service clamps, corporation stops, water service pipes, fittings,testing and disinfection, and for tapping of the new main and providing all tools, equipment and incidentals necessary to complete this item. Item 130: (Service reconnection within trench limits,4"diameter and larger) Measurement shall be by the numerical count of each service that is reconnected, including any fire hydrant lead reconnections, within the limits of the main line trench. Payment at the contract unit price shall constitute full compensation for furnishing and installing all water service pipes, fittings,joint restraints,testing and disinfection, and providing all tools, equipment and incidentals necessary to complete this item. Any gate valves required to complete the reconnection shall be measured and paid for separately. Item 131: (Service reconnection outside trench limits,2"diameter and smaller) Measurement shall be by the lineal foot of each service that is reconnected,beginning at the connection to the main,up to the connection to the existing service, either outside or inside of the building. Payment at the contract unit price shall constitute full compensation for furnishing and installing all service clamps, corporation stops, water service pipes, fittings, curb stops and curb boxes, and for tapping of the new main, for all excavation, backfill, compaction, removal and replacement of any curbing or sidewalk removed to complete the item, proper disposal of all waste materials and providing all tools, equipment and incidentals necessary to complete this item. Item 132, 133,& 134: (Fire hydrants)Measurement and payment shall be as per MPWSS Section 02660 4.7 A. Item 135: (Insulation) Measurement shall be made on a lineal foot basis along the centerline of the pipeline being insulated. Payment at the contract unit price shall constitute full compensation for furnishing and installing the insulation board to the required dimensions as well as any required additional excavation, furnishing and placement of sand bedding, backfill and compaction, all for all tools, equipment and incidentals necessary to complete this item. Item 136: (Traffic control)This item shall be measured and paid for as per MPWSS Section 01570 Part 4, lump sum basis. Item 137: (Temporary water system)This item shall be measured on a lump-sum basis.Payment shall be made at the contract lump-sum price bid for this item, and shall constitute full compensation for providing and installing the temporary water system,making all temporary connections,disinfection and testing of the temporary water system,protecting the temporary water system from damage at all vehicle crossing points, providing ADA approved pedestrian crossings of the temporary water system if necessary, for removal of the temporary water system and restoration of any pavement cuts, and for all materials, tools, equipment and incidentals necessary to complete this item. Progress payments are in proportion to total construction completed. Item 138: (Asphalt surface restoration) Measurement for asphalt surface restoration shall be by the 2 MEASUREMENT AND PAYMENT APPENDIX A STANDARD DRAWINGS I� r 5' r rst � t �i*. c. F R9-9 SIDEWALK 1 4,�I CLOSED t TEMPORARY ACCESS RAMP ADEQUATELY �r SUPPORTED ' — " FENCING �. FENCING - �3 "• SIDEWALK CLOSED MUST MAINTAIN 4' CLEAR AREA ~ R9-9 BETWEEN FENCING. WALKWAY MUST BE SMOOTH AND KEPT CLEAR OF OBSTRUCTIONS "< FENCING AS SHOWN MAY USED °{ 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 R9-11(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" R9-11(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 TOP OF NEW PAVEMENT }�— t 8" MIN., 1 4" MAX. 6f F 1 . f _ -�v COMPACTED BASE k SUBGRADE NOTES: 1. Adjust water valves upward or downward as required. Final adjustment shall be made otter paving and before seal coating. 2. Model No. 69 B550 series, East Jordan Iron works adjustable screw—type risers may be used to raise or adjust existing valve boxes only. 3. Valve box adjustment shown is designated as Type II water valve adjustment. Type I water valve adjustment is similar except with o 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' -12'(30 cm) MIN--{ 1 / SUBGRAOE 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 SELECT TYPE I BEDDING MATERIAL PLACED IN 6'(15cm) LAYERS k TYPE I PIPE BEDDING - ///J\ COMPACTED AS SPECIFIED PLACED IN 6'(15cm) MAX. { \///� IN SECTION 02221. LAYERS AND COMPACTED I 4"(1Ocm) ? \ J� THOROUGHLY. \� TRENCH IM0-0.D OF PIPE PLUS 2'(60em) / MIN. TRENCH WIDTH= 3.5'(1.1m) TYPE 2 PIPE BEDDING WHERE P,EOUIRED FOR /K\\/\\\\ //\\ \ \ \ \ \�/ SOFT OR UNSTABLE J , � \ FOUNDATION NOTE. SEE CONTRACT SPECIAL PROVISIONS FOP. 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 DRAINING STANDARD SPECIFICATIONS NONE TYPICAL UTILITY TRENCH DETAILS NO. 02221-1 i It is recognized that native materials which may be used for pipe bedding vary widely from area to area. Therefore, the following is offered as an alternate to the TYPE I pipe bedding specification in Section 02221. TRENCH EXCAVATION AND BACKFILL FOR PIPE- LINES AND APPURTENANT STRUCTURES. This alternate shall be used only if called for in the Special Provisions. It must be emphasized that no specification should be used without the engineer's ` evaluation of the particular situation. TYPE ? PIPE BEDDING Type I pipe bedding, imported or naturally occurring on site, shall be gravel, gravel-sand mixture, or sand. The material shall be well graded and shall conform to the requirements for soil type GW (gra- vel, well graded) or SW (sand, well graded) of the Uni- fied Soil Classification System (USCS) as delineated in ASTM D2487 except, at the discretion of the engineer, the material may contain up to a maximum of 12 percent passing the 200 sieve provided the plasticity index of the material is 6 or less. The maximum size gravel shall be 3/4-inch. The coefficient of uniformity for gravel shall be 4 or greater and a coefficient of curvature between I and 3. Sand shall have a coefficient of uniformity of 6 or greater and a coefficient of curvature between I and 3. Type 1 bed- ding shall consist of a minimum of 4 inches(10 cm), or 1/8 the outside diameter of pipe, whichever is greater, bedding material under the pipe; and the bedding material around and over the pipe to a point a minimum 6 inches (15cm) above the top of the pipe unless specified otherwise in the Special Provisions The coefficient of uniformity is defined as the ratio of grain size diameter at 60.e passing to the grain size diameter at 10;d passing expressed as: D60 1..0 - DID The coefficient of curvature is defined as the position of the square of the grain size diameter at 301 passing to the product of the grain size diameter at 107 passing times the grain size diameter at 60% passing expressed as: Cc - (D30)2 Dt0 x D60 Where the naturally occurring material contains voids which would allow migration, sand 'bedding material shall not be used. Bedding material under and around the pipe to 6 inches (15cm) above the top of the pipe shall be placed by hand or other careful manner so as not to disturb the pipe, in maximum layers of 6 inches (15cm) and compacted to a minimum of 85 e Standard Proctor ASTM D698 R, AASHTO 71-99. Special care shall be taken to assure complete compaction under the haunches of the pipe. BackfilI material shall be placed in the trench for its full width on each side simultaneously. Water settling of this portion of the trench will not be allowed. The addition of water shall be limited to that required for optimum .moisture for maximum compaction of the material. REMSED ,2/27!95 MONTANA PUBLIC WORKS SCALE: STANDARD DRAWING STANDARD SPEC S NON_IFI„ATION PIPE BEDDING ALTERNATE is r N0. 02221-2 5.4" (0.45') 24" 9' 2" 4" TOPSOIL° 3"R �} (TYP.) 4„R 5„ 3/4'TO PER 1' SLOPE 12' \\ a. ° ° a 4,0 6„ 7.5" �_ o O O O O O O O O O O O O O O O O CRUSHED GRAVEL O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O BASE - 3" MIN. 0000000000000000000000000000000 SUB-BASE COURSE AS REOUIRED COMPACTED SUBGRADE 5` tls` 3I/t- -3/4` PER 1' SLOPE + �3 4• p� 1' SLOPE 1 2` PER 1' SLOPE .� DROP CURB FOR DRIVEWAYS DROP CURB FOR PEDESTRIAN RAMPS SPILL CURB NOTES: 1. Subgrode or base course compaction shall conform to section 02230 (M.P.W- Specs., 1996 ed.) 2. Contraction joints shall be placed of 10' intervals and shall have a minimum depth of 3/4" and minimum width of 1/6`. 3. 1/2" expansion joint material shall be placed at all P.C.s, P.T.s, curb returns and at not more than 300' intervals. The expansion material shall extend through the full depth of the curb and gutter. 4. No curb and gutter shall be placed without a final form inspection by the City Engineer or his representative. 5. Concrete shall be Class M-4000. 6. Crushed gravel base shall meet the requirements of Section 02235 (MPW SPECS, 2003 ed.) For curb and gutter replacement projects, washed rock may be used for the gravel base. CITY OF BOZEMAN SCALE: INTEGRAL CONCRETE NO. 02528-1 STANDARD DRAWING NONE CURB & GUTTER Revised Mar. 2006 I s p r p r ' �1 • � B e f , , • • } e • B 3 REDUCER MIN. I UNDISTURBED EARTH i EE TEE (Plugged) BEND STANDARD DIMENSIONS FOR THRUST BL OCKING I TEES do PL UGS 90°BEND 45'BEND do wYt_-S REDUCERS & I FITTJNG 22 1/2°BEND SIZES q I B A I B Y-7' ! 7'-2' I V-9. I 1'-6' I 1'-E' I 0-10' I V-7' I 0' 6' 2'-0' I ]'-11" 2'-5' 2'-2' I -IO' ( 1'-7' I 1-9' I 0-I0' B' I 2'-B' 2'-0' I 3'-2' 3'-0' I 2'-5' 2-I' ( 1-9' 1 1-6' 10, 3'-4' I 3-3' I 4'-0' I 3-10' I 3'-0' I 2'-9' 2-2' I'-II' 12' I 4'-0' 3'-10' 4'-8' 4- 3'- 8' I 8' 3'-3' 2'-7' I 2-3' I 14' 5'-5' 3'-TO- I 6'-6' I 4-11' I 4'-9' I 3'-5- I 3'-5' METRIC DIMENSIONS FOR THRUST BLOCKING FITTING I TEES ck PLUGS I 90°BEND 45' I REDUCERS ` BEND & WYES 22 1It BEND SIZES A B I A B I A I g I a I B 10cn I 05n f 0.4n I 0.51, C-5n 0.5n I 0.3n I 0,5m I G.Cn I 15Cn 0.6n I 0.6n I O.Jn I D.7n 0.6n I 0.5m 0.5n C.3n 20cn I 0.6n O.bn LOn I O.9n I 0.7n I 0.6n I 0.5m C.Sn 25cn I LOn I l.On I 1.2n 1.2n j Q.Sn 0.6n 0.7n I 0.6n 30cn I i.2n I i.2n I 1.4n 1.4n !Jn I 1.Gn I D.Bn I 0.7n 36cn 1.6n I 1.2n 2.On I Lyn I !4n I I.On I 1.0n I E7n NO IES' 1, THESE TABLES ARE BASED ON 150 PSING30 k0u) MAIN PRESSURE 2. VRAP ALL FITTINGS VITP POL YETHYLENE 20D0 PSF(9BD0 kg/nZ) 'DIL BEARING PRESSURE REwSED 12/27!95 MONTANA PUBLIC WORKS SCALE: I THRUE T BLOCKING STANDARD DRAWING STANDARD SPECIFICATIONS NONE FOR WA TcR MAIN FITTINGS NO 02660-1 I REBAR ANCHOR f � o 0 0 d c. j j\/ CONCRETE e d \ \�\ y\\ \�\ \ �� ✓�./� ./ /././i./ /i. . ANCHORS �✓ ././i/i�l/✓i./�./� ./�� ? . "B„ "A" NOTE: COAT RODS WITH "KOPPERS" BITUMASTIC NO. 50 COATING OR EQUAL. THRUST BLOCK DIMENSIONS I R12 voti< 100 PSI 150 PSI 200 PSI 250 PSI 300 PSI $in A B C A B C A B C A B C A B C 6" 2'-0' 2'-0 2'-0 2'-0'2'-0-2'-0'2'-0'2'-0'2'-0' 2'-0 2'-0' V-0%X-0 '-7 10" 2'-D' 2'-0 2'-0' 2'-6 2'-6 2'-0 2'-9"2'-6'2'-6- 3'-0 3'-0"3'-0 -0'i 2'-3' 2'-0 2'-0'3'-0 3'-0 2'-B 3'-5'3'-0'3'-0' 4'-J 3'-0'3'-0 3'-0,14" 2'-3' 2'-0 2'-0'S-5 3'-013'-0'4'-fi'3'-0'3'-D' 4'-0 4'-0'4'-0 4'-0'11, 1 6 3'-0' 3'-0 3'-0'4'-4 3'-D 3'-0'4'-1'4'-0'4'-0 5'-i 4'-0"4'-0 4'-0'1 4 1 8,� 3'-B' J'-0 3'-0'5'-5 3'-0 3'-0 5'-1'4'-0'4-0' 6'-4 4'-0'4'-015'-D'i J B" 24" j4'-4' 4'-0 4'-0'6'-5 4'-0 NOTE: Pressures shown above are maximum working pressures in system. THRUST BLOCKING AND ANCHORS ARE REQUIRED ON ALL 6" VALVES AND LARGER UNLESS SPECIFIED BY THE ENGINEER. MEGA—LUG OR APPROVED EQUAL JOINT RESTRAINTS MAY BE USED IN LIEU OF CONCRETE THRUST BLOCKS. THRUST BLOCKS NOT REQUIRED ON TAPPING VALVES CITY OF BOZEMAN SCALE: THRUST BLOCKING FOR NO. 02660-3 STANDARD DRAWING NONE WATER MAIN VALVES DEC 2003 STEEL POST MARKER PROPERTY PAINTED BLUE LINE OR EASEMENT 5 1/2 ' BOULEVARD LINE l (TYP.) IT STREET SURFACE 4 5' SIDEWALK GROUND SURFACE (TYP.) 2.5' CURB BOX 11.5, PROVIDE 5' STATIONARY (TYP-) ROD IN ALL CURB BOXES 6 1/2' MIN. COVER SEE DETAIL 8' BELOW (TYPICAL EXCEPT IN SPECIAL CIRCUMSTANCES WHERE CITY HAS TAP BY CONTRACTOR APPROVED ALTERNATE LOCATION) CURB STOP WATER MAIN NO COUPLINGS OR OTHER JOINTS ALLOWED 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 PROPERLY CORPORATION STOP SELECT MATERIAL BACKFILL AREA INSTALLED ;` /` �; ,��, r'/� (SEE SPECIFICATIONS) CORPORATION .; / , '•.f•�:%''r STOP. TAP MAIN AT -%. / ' // i //./ J//, /f/.,f• .�� , / , SPR/NGLINE. '` /i`� :r, i j. ' /:' /f/ /,'; 3/4" DIA. MIN. .''i/ %,!% .// i/''' :! %,'/ ;' SERVICE PIPE `tomb.• " ,✓:�.t/='� -�t 6" MIN. ,..- -' ,r'!`y:; ,..- �� '���i�;,,�`�1�'..��TRENCHr B07TOM'''• : , •�..i': . t •yam..✓`' a �` :,; ,}�: �}t:, ,ti y;�''y\ i'�;1 1. ;••% ; • t..r�:.�` •1�.. .'t,. ,.•`,, �1 .mot t ,/,�•' . .'t% ._:l, ,�•w,�-;, •:'� '•;.,,...• 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' DIA. MAXIMUM WITHIN 6' OF SERVICE PIPE. 4. INSTALL CURB STOP SO THAT OPERATING KEY 1S PARALLEL TO STREET IN OFF-POSITION. CITY OF BOZEMAN SCALE: WATER SERVICE LINE NO. 02660-6 STANDARD DRAWING NONE DEC 2003 UNDISTURBED EARTH (TYP.) CONCRETE THRUST / MJ GLAND BLOCK (TYP.) - i MJ GLAND D.I. MJ D.I. D.I. PIPE TEE PIPE © PIPE MJ VALVE D.I. MJ GLAND . PIPE O 3/4" MIN. CORROSION RESISTANT ALL THREAD RESTRAINING ROD, CONFORMING TO ASTM A242-81, MJ VALVE INSTALLED IN HALF THE AVAILABLE MECHANICAL JOINT BOLT HOLES (TYP.) WHERE NECESSARY, CLAMPING LUGS (ROMAC 'DUCTILE LUG" OR EQUAL) DESIGNED TO FIT DUCTILE IRON (D.I.) PIPE, AND CONFORMING MJ GLAND TO ASTM 536-80 MAY BE USED IN CONJUNCTION D.I. WITH THE RESTRAINING RODS, PIPE CITY OF BOZEMAN SCALE: TYPICAL VALVE/TEE NO. 02660-10 STANDARD DRAWING NONE RESTRAINT DEC 2003 r J a OM a o w N w �O \\���• �� a ow Z / N O Of z mm �'\\/� OZ — O Q J W • /\\�\� (n C2 U Z Elf . \\ ~0 4 Elf(n Z Li a- �— If •\\/\\j U LLJ Ui CA U CD :2 W w w Q Z LW Q O /\ova `°v (n SQ X Cy l Q _ o z F- o > oz wm O J Z � Z i? w cn m o= mWo =�J w \'S O v, Q zz> °a iz -1o= \j O QD M F4 E- \\j gmo U z W 3A-IVA M3N : :\/j Q w cn /� oz caw p O U) [� m Z O Y \ Oj ?Z O - 00 Z \ Qz _-5 C� V ~ m z UJ �m ow Q Z _0- zry W — mL ovv � 0 � � X W NO PRESSURE GAUGES OR PRESSURE GAUGE FITTINGS WILL BE METER SIZED SAME AS INCOMING LINE — NO EXCEPTIONS. ALLOWED ON THE TEST PORTS OF ANY BACKfLOw PREVENTION ASSEMBLY BACICROW PREVENTION ASSEMBLY MUST CONNECT DIRECTLY TO METER/ STRAINER. FLANGE TO BE THREADED ON STANDPIPE, REOUIRED BACKFLDW PREVENTION 4.J TO FLANGE ADAPTORS NOT ACCEPTABLE DEVICE TO BE OETERNINED BY (TYPICAL FOR ALL RISER CONFIGURATIONS) WATER SUPERINTENDENT. 4" OR LARGER CLASS 51 DUCTILE IRON PIPE (TYP.) I V MIN..2' MAX.ABOVE FINISHED FLOOR FLOOR A a MECHANICAL 3/4'MIN.Red;Red, NRSTALLED IN EVERY aMER AVAILABLE M.J.JOINT Bo' wxES (TYPICAL)- s/B'Roos ACCEPTABLE FOR 4'LINES MAIN THRUST 90 BEND WITH THRUST BLOCK BLOCK LEGEND TAPPING TEE & VALVE $ FLANGED OS&Y VALVE OR INSTALL VAI VF AT PROPERTY LINE (TYPICAL FOR ALL RISER CONFIGURATIONS) PROVIDE FLEXIBLE, WATER—TIGHT CONNECTION FOR ALL WALL OR FLOOR CITY OF BOZEMAN REQUIREMENTS FOR INSTALLATION OF PIPE PENETRATION. BACKFLOW PREVENTION ASSEMBLY 1. The FIRST fitting inside of the building shall be a UL listed fiongied Kennedy or Mueller OS&Y valve the some size as the service line. Combination stroiner/meter immediately following OS&Y volve or elbow attached directly to OS&Y valve -- meter must set horizontal. FlNtsHED FL aOR ABOVE 2. All Backflow Prevention Assemblies shall be: o. Approved or FM listed. b. Approved by the University of Southern California Foundation for Cross Connection Control and Hydraulic Research (USCFCCCHR) for operation in the proposed position (vertical or horizontal) as shown on MECHANICAL approved plans. JOINT � c. Installed as shown on the approved plans. 3. Horizontal installations must be a minimum of 2' above the finished floor. 4. The service riser must be a minimum of 2' from any outside wall. 90' BEND WITH 5. The incoming service line shall be a minimum 65, and o mar— THRUST BLOCK imum of 7.5' below the finished grade. 6. All service line appurtenances shall have a minimum pressure rating of 175 PSI. ......... 7. All service fines 4' and larger shall be Class 51 Ductile Iron Pipe. �---1' MIN., 2' MAX. B. Line sizing; The Backflow Prevention Assembly and meter shall be equal in size to both the incoming pipe diameter (upstream) and outgoing pipe diameter (downstream). For example, a 4" service line shall have a 4 meter and Backflow Prevention Assembly, 2' MIN., 3' MAY CLEARANCE COATED STEEL 'i ABOVE FINISHED FLOOR WALL PLATE, s/16' MN. THICKNESS CITY OF BOZEMAN SCALE: WATER SERVICE LINE NO. 02660-12 STANDARD DRAWING NONE DEC 2003 FOR SIZES 4" AND LARGER REV: APRIL 2006 P NEAREST FOUNDATION WALL TO CURB STOP CURB STOP AND BOX SEE DETAILS A do 8 BELOW WATER MAIN 6.5' MIN. COVER —7 WATER SERVICE LINE STUB ----- (SEE C.O.B. STANDARD WATER SERVICE LINE—I DRAWING 02660-6) INSTALLED BY CUSTOMER (SERVICE APPLICATION do PLUMBING PERMIT REQUIRED) NOTE. METER SIZED SAME AS INCOMING LINE—NO EXCEPTIONS. FODATION BACKFLOW PREVENTION ASSEMBLY LWAr (AS REQUIRED) 1'MIN./2' MAX SERVICE UNE� • ANGLE STOP I ./2' MAX TO DOMESTIC J _MAR• ASSEMBACKFB W PREVE TION QUIR FlXTURES / ASSEMBLY (AS REQUIRED) FOUNDATION W TO DOMESTIC \ M A FIXTURES DOWNSTREAM SHUTOFF " DOWNSTREAM 1'I MIN., SHUTOFF •' 2' MAX METER- `FLOOR 1' MIN. ANGLE STOP OR STRAIGHT STOP *METER SAME SIZE AS INCOMING LINE—NO EXCEPTIONS, METER MUST CONNECT DIRECTLY TO ANGLE OR STRAIGHT STOP AND OUARTER—BEND COUPLING BACKFLOW DEVICE (1 1/2' k 2' SERVICES ONLY) "DOWNSTREAM SHUT OFF VALVE MUST BE SEPARATE FROM BACKFLOW DEVICE DETAIL B TYPICAL FLOOR PENETRATION (N.T.S.) DETAIL A (CRAWL SPACE) TYPICAL WALL PENETRATION (N.T.S.) IN I 1. WATER SERVICE LINE INSTALLATIONS SHALL CONFORM TO THE REQUIREMENTS OF THE CITY OF BOZEMAN WATER SUPERINTENDANT. 2, SERVICE LINES SHAD. BE TYPE K COPPER FOR 3/4', 1'. 1 1/2', AND 2' SERVICES. SEE STANDARD DRAWING NO. 02660-12 FOR 4' AND LARGER DOMESTIC SERVICE LINES. SERVICE LINES BETWEEN 2' AND 4' ARE NOT ALLOWED. 3. STRAIGHT COPPER TUBING SHALL BE USED FOR 1 1/2' AND 2' SERVICES, 4. SERVICE LINES SHALL BE BEDDED 3' UNDER AND OVER THE PIPE WITH SAND. NATIVE MATERIAL MAY BE USED AS BEDDING IF IT CONFORMS TO THE REQUIREMENTS OF MONTANA PUBUC WORKS STANDARD DRAWING 02221-2 AND DOES NOT CONTAIN ANY MATERIAL LARGER THAN 3/4'. 5. PROVIDE FLEXIBLE, WATER TIGHT CONNECTION FOR ALL WALL OR FLOOR PIPE PENETRATIONS. 6, METERS SHALL BE INSTALLED BY THE CITY WATER DEPARTMENT AT CUSTOMERS' EXPENSE. 7. NO SERVICE LINE SHALL BE BACKFILLED UNTIL IT HAS BEEN INSPECTED AND APPROVED BY THE WATER DEPARTMENT. B. CONTACT CITY OF BOZEMAN WATER DEPARTMENT FOR APPROVED LIST OF COPPER CONNECTIONS. 9 WATER SERVICE LINE MAY BE REDUCED TO A SMALLER SIZE THAN THE WATER SERVICE STUB. REDUCTION MIST B MADE WITHIN 1P' OF CURB STOP, 10, METER, BACKFLOW PROTECTION, AND INCOMING SERVICE LINE MUST ALL BE THE SAME SIZE, CITY OF BOZEMAN SCALE: WATER SERVICE LINE NO. 02660-15 STANDARD DRAWING NONE FROM CURB STOP TO BUILDING Dec. 2003 (LINES 2" AND SMALLER) Rev. April 2006 i i i i