The URL can be used to link to this page

Home My WebLink AboutFinal Contract with Omdahl Excavation & Utilities Bid Submittal 2013 Water Renovation Project 0. sopyq�bl6AtllfkYPfi � 4 r u, D : g �r } � � � r^a,�d�"��! � "!� � a' /�/iii/ ✓,WVass `m Il X epyy ft ( IY e w r • r i � /`sW,"�"n ''A. /„spy �V �•N i ,,, �r�, THE CITY OF BOZEMAN 20 E. OLIVE - P.O. SOX 1230 BOZEMAN, MONTANA 59771-1230 ENGINEERING DEPARTMENT 8& co, 0 PHONE: (406) 562.2280 • FAX: (406) 582-2263 2013 WATER RENIOVATIONS PROJECT CITY OF BOZEMAN BID OPENING: APRIL 9,2013, 2:00 P.M. ADDENDUM No. I APRIL 2, 2013 TO: All Planholders of Record Please note the following modifications to the above referenced bid documents: Plans Sheet W3, — Station 16+20, Sheet W7, — Station 36+50-. Sheet.W9, — Station 45+52: In the profile at each location noted above, replace the existing note that reads: "Where 18" of vertical sQparation cannot be obtained, provide flowable fill, min. 3' each side of existing san. sewer main or storm drain main and full width of utility trench to mid height of 8" water line," With a new note that reads: "Where 18" of vertical separation cannot be obtained, provide flowable fill, min. 10' each side of existing san. sewer main or storm drain main and full width of utility trench to mid height of 8" water line." Plans Sheet W5 — Station 26.+50: The sewer service at this location that is shown going to the north from sewer main is not correct. The service line extends south from the existing sewer main. City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition: Section 2.10, FIRE HYDRANTS, D. Delete the last sentence of this section. Defender Security Devises will not be required. Specification Section— SPECIAL PROVISIONS, 44. SCHEDULING AND SEQUENCING OF WORK: Add the following additional restriction to the first paragraph of this section: Unless otherwise allowed by the Engineer, the work shall be complete in Zones 2 and 3 prior to commencing with work in Zone 1. Installation of the temporary water system in Zone I will be HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK exempt from this requirement. Response to Bidder Question: The City will perform all striping after completion of the project. ACKNOWLEDGEMENT Bidder shall acknowledge receipt and acceptance of this Addendum No. 1 on the Bid Form to validate their bid. Robert J. Murray Jr., P.E. City Project Engineer BIDDER'S CHECKLIST Please utilize the following Bidder's Checklist before submitting your bid. —1) Original Bid Bond Enclosed? (Personal checks, business checks, and faxed copies are not acceptable.) —2) Bid Proposal: a. Arithmetic Checked? b. Unit Bid amounts agree with math 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!!!! f, Non-Descrimination Affirmation form completed and signed? g. Contractor Special Fuel Permit Number —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, contractor fuel permit 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 2013 WATER RENOVATIONS PROJECT FEBRUARY, 2013 TABLE OF CONTENTS CONTRACT DOCUMENTS Invitation to Bid Instructions to Bidders Bid Form Bid Bond Non-Discrimination Affirmation Form 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 Section 02602 Pipe Boring and Jacking 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: 2013 Water Renovations Project Separate sealed bids for construction of City of Bozeman 2013 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 9, 2013 and then publicly opened and read aloud. Please write the name of the project 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 9, 2013. 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 project work is generally described as follows: Replacement of existing mains, valves, fiftings, and appurtenances in Mendenhall Street from North 7th Avenue to North Broadway Avenue, 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- 1234, 406-582-2280, in accordance with the 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 10:00 a.m. on March 28, 2013. 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 to have registered with the DILI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed Section 00 100 INVITATION TO BIT) Page 1 of 2 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. Every person or entity holding a special fuel permit issued pursuant to Title 15, chapter 70, part 3, MCA, from the State of Montana who submits a bid under this project shall list that person's or entity's fuel user's permit number in the bid form and on the face of the envelope. A bid without the permit number may not be accepted. 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 9, 2013. 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 17th day of March, 2013, Stacy Ulmen, CIVIC City Clerk, City of Bozeman Published Bozeman, Montana, March 17, 2013 March 31, 2013 Section 00 100 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 123,0,Bozeman,Montana 59771-1230, and endorsed on the outside of the envelope with the words: CITY OF BOZEMAN 2013 WATER RENOVATIONS PROJECT. 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,6 1h Edition(MPWSS),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 6h Edition(COB MODS),dated March 31, 2011, including all addenda 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 other-wise noted or revised in the bound bid document. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman, in order to assist the Contractor in preparation of his Bids. The complete CONTRACT DOCUMENTS which comprise this entire document, and are made a part hereof, consist of the following: Invitation to Bid............................ Bound Herein Instructions to Bidders.................. Bound Herein Bid Form...................................... Bound Herein Bid Bond...................................... Bound Herein Agreement Form...........................Bound Herein Payment Bond............. ................MPWSS/Bound Herein Performance Bond........................MPWSS/Bound Herein Standard General Conditions........MPWSS/Bound Herein Supplementary Conditions............MPWSS/Bound Herein Miscellaneous Forms Notice of Award..................Bound Herein Notice To Proceed............. MPWSS/Bound Herein Field Order...................MPWSS/Bound Herein Change Order.....................MPWSS/Bound Herein Work Directive Change....—MPWSS/Bound Herein Application For Payment (Guidance Only)............... Bound Herein Certificate of Substantial Completion........................MPWSS Order to Contractor to Suspend Work...............Bound Herein 2 INSTRUCTIONS TO BIDDERS 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................MPWSS Lien Waiver for Subcontractor/Supplier...MPWSS Wage Rates...................................Bound Herein Special Provisions..........................Bound Herein Technical Specification...................MPWSS, COB MODS, & Bound Herein Appendix A—Standard Drawings...........Bound Herein Plan Set 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 and detail to indicate and convey understanding of all terms and conditions for performance of the work. 3 INSTRUCTIONS TO BIDDERS 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. P.O. Box 1230 Bozeman, MT 59771-1.230 4 INSTRUCTIONS TO BIDDERS The envelope shall also contain the following information: Name of Project: CITY OF BOZEMAN 2013 WATER RENOVATIONS PROJECT. Name of Contractor: Montana Certificate of Contractor Registration No, Montana Special Fuel Permit 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 9, 2013. 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, 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. 5 INSTRUCTIONS TO BIDDERS 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 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 5 INSTRUCTIONS TO BIDDERS 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 accept or reject the Bids,or portions of Bids if denoted in the Bid as separate schedules,and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted,or reject nonconforming,non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS Within seven days after Bids are opened,the apparent low Bidder,and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work, An experience statement with pertinent information as to similar projects and other evidence of qualification shall be famished for each named subcontractor, if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor,they may, before giving the Notice of Award,request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the contract price. If the apparent low Bidder declines to make any such substitution,the contract may not be awarded to such Bidder,but Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any subcontractor so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer. Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will be required in the performance of the work. 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 7 INSTRUCTIONS TO BIDDERS the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. MNNER 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 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. 8 INSTRUCTIONS TO BIDDERS 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 famish 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. 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 9 INSTRUCTIONS TO BIDDERS 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, I 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 prod-acts shall be in accordance with the laws of the State of Montana. SPECIAL FUEL USER'S PERMIT(7-5-4316, MCAT Every person or entity holding a special fuel permit issued pursuant to Title 15,chapter 70,part 3,MCA, from the State of Montana who submits a bid under this project shall list that person's or entity's fuel user's permit number in the bid form and on the face of the envelope. A bid without the permit number may not be accepted. 10 INSTRUCTIONS TO BIDDERS 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, firrn, 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 perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE Estimated Total Estimated Item. Description Unit Unit Price Quantit Price 101 Taxes, Bonds, Insurance L.S. ss ou o` 1 50(0 0 102 Mobilization L.S. 1 /Yo 006 103 Connection to Existing Main Each 1 ao o- 19 11000- ' 104 4" MJ Gate Valve wN,B. Each 1goo 4 �S'6��- 105 6" MJ Gate Valve wN.B. Each A aLD - 3 V W 106 8" MJ Gate Valve wN.B. Each r i3oo 30 (y 107 10"MJ Gate Valve wN.B. Each 2 108 12"MJ Gate Valve wN.B. Each c 2 moo 109 —8" x 4"MJ Increaser Each '3vo 1 300- 110 8" x 6" MJ Increaser Each 3 j ` 2 60 , 111 8" x 4" MJ Tee Each I,oo ' 4 Q,4"- " 112 8"x 6" MJ Tee Each 5 8 113 8"x 8" MJ Tee Each 7_6a - 3 ZY0 114 8" MJ Cross Each i:f cm 3 ' cz 115 10"x 8" MJ Cross Each ) e�j,- 1 1;A 0 e - 1.16 12" x 8"MJ Cross Each )5�* " I 15 0,� " 117 8" 11 '/ de MJ Bend Each 6'0,3 21 /at;ou " 118 8" 22 '/z de MJ Bend Each 6a5 6 3 1 0° 119 8" 45_deg MJ Bend Each b7a6 4 I/c)o 120 8" CL 51 D.I.P. L.F. S-6- 5215 o go- 121 10" CL 51 D.I.P. L.F. 1 a 5` 60 75-(50 - r- 122 12" CL 51 D.I.P. L.F. 300 ' 60 l e"o0 Service 123 is 2"reconnection diameter trench and smaller Each "7 50- 59 Service reconnection outside trench 124 limits 2" diameter and smaller L.F. 280 Service reconnection w/in trench 125 limits 4" diameter and larger Eacht�c_ 5 r Service reconnection outside trench 126 limits 4" diameter and larger L.F. 70 11 0 127 Install Expansion Tank and Each 2 Backflow Preventer 8 S 0 ,. 1700- 128 Fire Hydrant 5' bury Each 5-o" 1 67 �r o 129 Fire H drant 5.5' bury Each 5 .3a " I 5'13o 130 Fire Hydrant 6.5' bury Each vo ' 2 )1700'` 131 Fire H Brant 7.5' bu Each 435o 1 6 35`0 132 Fire Hydrant 8' bug Each y6-o' 1 � °- 133 Remove Existing Hydrant Each S"b 3 p 3 BID FORM 134 Insulation ALT. 2637 ' 135 Traffic Control L.S. 1 3 o'er . 1.36 Tern or "Water System - 137 Asphalt Restoration . 5429 19 138 Jack and Bore L.S. " 1 > 139 Type 2 Pipe Bedding CX. lore ' 20 �c 140 Curb BoxNalve Box Removal Each ;L50- I 1 - -' 141 Locate & Repair Sewer'Service Each v 10 Vo u 142 Signal Loa Installation L.S. 5 oc%j, 2 i 0 00` 143 Quality Assurance Tustin L.S. j Vojo- 1 d 1/0 -. 144 Miscellaneous Work Each $1.00 201,000 $20,000 TOTAL BASE BID $ N: (TOTAL BASE BID- WRITM WORDS) The undersigned Bidder acknowledged receipt of the following Addenda,which have been considered in preparation of this Bid: No. Dated +, . G� No Dated No. Dated No. Dated Submitted this q day of f o , 2013, SIGNATURE OF BIDDER: q Montana Contractor Registration Number_ Contractor Fuel Permit Number — ' If are individual: doing business as 4 BID FORM If a Partnership: by partner If Corporation:omd,A ex(:.o.VC. '0.V 0'UA' I JJrs T (a) a?n t. 15 :r�cSS by (Seal Title ?/<� ► 'r Attest) Business Address of Bidder: � q 00/'n '1179 (., 4A WF 51 ?W 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 (Seal & Title Attest) 5 BID FORM NON-DISCRIMINATION AFFIRMATION FORM 3;,1- �_[narne of enti- tY submitting]hereby affirms it will not discriminate on the basis of race,, color,religion, creed, sex, age,marital status,national origin,or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman, if a contract is awarded to it,and also recognizes the eventual contract,if awarded,will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the fname of entity submitting]employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Signature of Bidder: 4 Person authorized to sign on behalf ofthe bidder tlry PENAL SUM FORM BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): Omdahl Excavation rg, utilities, inc. 659 morning Mist Road Manhattan, MT S9741-8556 SURETY (Name and Address of Principal Place of Business); The Ohio Casualty insurance Company 9450 Seward Road Fairfield, CH 45014 OWNER(Name and Address); city of Bozeman P,O. Box 1230 Bozeman, MT 59771-1230 BID Bid Due Date:April 9, 2013 Description (Project Name and Include Location): 2013 Water Renovations Project, city of Bozeman, Bozeman, Montana BOND Bond Number: 04032013 Date (Not earlier than Bid due date); April 9, 2023 Penal SuM Ten Percent of the Total Amount of the Did 101T of Amount Bid (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative, BIDDER SURETY The Ohio Casualty Insurance ow.dahl Excavation & Utilities, Inc, (Seal) Company -(Seal) Bidder's Name and Corporate Seal. Surety's Name and Corporate Seal BY' By: Signature Signature(Attach Power of Attorney) �ty1I, A 1 el�l Ilia 14 Bryan D. Hall nt Name Print Name K,sir det� L Attorney-in-Pact Title Title 41 Attq� ature Attest: '900-I waz buid Signature Shauna tiehl Account Manager Title Title Note:Above addresses are to be used for giving any required notice, Provide execution by any additional parties, such as joint venturers, if necessary. Bid Bond-00430-Page I of 2 VCDC C430 Bid Bond(Penal Sum Form)(2007 Edition),Prepared by the Engineers Joint contract Documents Committee, PENAL SUM FORM 1, Bidder and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder, 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3, This obligation shall be null and void if 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents(or any extension thereof agreed to in writing by Owner)the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents,or 3,2 All Bids are rejected by Owner,or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and,if applicable,consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner,which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6, No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery,commercial courier,or by United States Registered or Certified Mail,return receipt requested,postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute,sea], and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length, If any provision of this Bond conflicts with any applicable statute, then the Provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect, 11. The term"Bid"as used herein includes a Bid,offer,or proposal as applicable. Bid Bond—00430—Page 2 of 2 EJCDC C430 Bid Bond(Penal Sum Form)(2007 Edition).Prepared by the Engineers Joint Contract I)Qcuments Committee, THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power ofAttorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated, Cerbficate No. 5873950 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the lam of the State of Massachusetts,and WestAmetica5 Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collective),called the'Companies'),pursuant to and by authority herein set forth,does hereby name,consfitute and appoint, Richard B.Deming;Julie A. Bennett;Tyler P.Delaney;William R.Price; Debbie Dunennal Donna K.Tucek;Mark Collins;Bryan D.Hall all of the city of Bozeman ,state of MT each individually if there be more than one named,its true and lawful afterney-m-fact to make,execute,sea),acknowtedge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1st day of December 2012 American Fire and Casualty Company The Ohio Casualty Insurance Company W 10 Liberty Mutual Insurance Company W West American Insurance Company "a 01 By: C STATE OF WASHINGTON 55 Gregory%7v,Dave nport,Assistant Secretary C> COUNTY OF KING (D On this 1st day December 2012 0 M before me personally appeared Gregory W. Davenport,who acknowiedged himself to be the Assistant Secretary of American M 0 l u (D Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do, �,,w 46.2 execute the foregoing instrument for the purposes therein.contained by signing on behalf of the corporations by himself as a duly authorized officer, (D W > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial sea]at Seattle,Washington,on the day and year first above written. 0 Q E wpp 4) r By: 0 et M 0 4) KD Rii1ey,Not Public do ow O. E M This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fite and Casualty Company,The Ohio Casualty Insurance w C) Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows; .0 14� tm U) d) ARTICLE IV-OFFICERS-Section 12 Power ofAttorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys�n-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, 0 r- acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective 4) Corporation. Men so E* � powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Cc executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or aftomey-in-fact under > the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority, =(D ARTICLE All-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, r=C? r > 4D and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L_IN .W 3- ;g C1 0 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such aftomeys•in-fact subject to the Imitations set forth in their Z 0 respective powers of atiomey,shall have full power to bind the Company bytheir signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 CJ executed such instruments shall be as binding as if signed by the president and attested by the secretary. L)i- o; Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W Davenport,Assistant Secretary to appoint such afforneys4in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as wrety any and ail undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Companydo hereby certify that the original power of attorney of which the foregoing is a full,true and correct copyof the PovRrof Attorney executed by said Companies, is in full force and effect and has not been revoked. II IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the Seals of said Companies this 9th day of April '20_13 By: David M,Carey,'Assistant Secretary LMS 12873092012 1 of 50 NOTICE OF AWARD Dated: -.4-L.-) 2 a, aO 13 TO: Omdahl Excavation &Utilities, Inc. ADDRESS: 659 Morning Mist Road PROJECT: Manhattan,MT 59741 CONTRACT FOR: 2013 Water Renovations Project 3 You are notified that your Bid opened on April 9, 2011, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the:2013 Water Renovations Project. The Contract Price of your Contract is: Nine Hundred Ninety Five Thousand Two Hundred Thirty Six Dollars(S 995,236.00). Five(5)copies of each of the proposed Contract Documents(except Drawings)accompany this Notice of Award, Three (3)sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen(15)days of the date of this Notice of Award, that is,by----5 --4- (,3 - 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 atached, 7-1 CITY OF BOZEMAN,MONTANA ATTEST BY: BY C (CITY MANAGER) TiT RK) DATE� AGREEMENT FORM THIS AGREEMENT is dated as of the L 1�b day of in the year 2013, 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. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The prqJJect work is generally described as follows: Replacement of existing mains, valves, fittings and appurtenances in Mendenhall Street from North 7'h Avenue to North Broadway Avenue. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2013 Water Renovations PE2iect, City of Bozeman . Article 2. CONTRACT TIME. 2.1 The Work will be completed within 90 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above,plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving,in a legal or arbitration proceeding,the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly,instead of requiring any such proof,OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. 2.3 Special Event Liquidated Damages. OWNER and CONTRACTOR further recognize that time is of the essence in accommodating short term special events and water service interruptions throughout the course of the project,and that owner will suffer financial loss if the provisions specified below are not met: 1. Streets shall be open to traffic as specified for the Main Street closures/events in Special Provision 44, , or shall be subject to the provisions of this section of this agreement. 2. All water system interruptions shall comply with the time frames specified in Special Provision 33, or shall be subject to the provisions of this section of this agreement. OWNER and CONTRACTOR also recognize the delays,expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the provisions listed in sections 2.3.1 and 2.3.2 of this agreement are not met. 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 one thousand dollars($ 1000.00)for each hour that expires after the time specified for the beginning of any of the special events in section 2.3.1 of this agreement;or for each hour that expires after the maximum time allowed for water service interruptions specified in section 2.3.2 of this agreement, 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 Ninety Five Thousand Two Hundred Thi Six Dollars($995,236.00). Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (S) 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 G. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances,rules and regulations that in any manner may affect cost,progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost,progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price,within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations,tests,reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6,5 CONTRACTOR has given ENGINEER written notice of all conflicts,errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.6 CONTRACTOR hereby affirms it will not discriminate on the basis of race,color,religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation,gender identity or disability in the performance of work performed for the city of Bozeman. This prohibition shall apply to the hiring and treatment of the CONTRACTOR'S employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Forrn, 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, Sixth Edition,and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition, March 31, 2011 (by reference). 7.12 Appendix A. 7,13 Addenda listed on the Bid forms, 7.14 CONTRACTOR'S executed Bid forms, 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. 7,21 Notices of Final Completion and Acceptance, 7.22 Non-discrimination affirmation form. 7.23 Drawings 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. 9.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns,and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. By (SEAL, &) (ATTEST) Title (JOINT VENTURE) By (SEAL &) (ATTEST) Title City of Bozeman (OWNER) (CITY MANAGER) L�&). .. S APPROVED AS TO FORM: (CITY ATT ) cNwpdocsZonrrs'agreefrm inrg PERFORMANCE BOND Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRAC'l OR(Name and Address); SIJRETY(Name and Address of Principal Place of Business) Omdahl Excavation and Utilities, Inc. The Ohio Casualty Insurance Company 659 Morning Mist Road 9450 Seward Road Manhattan, MT 59714-8556 Fairfield, OH 45014 OWNER(Name and Address); City of Bozeman P. 0. Box 1230 Bozeman, MT 59771-1230 CONTRACT Date: 6, 1 /13 Amount:$ 95,236.00 Descriptions(Name and Location): 2013 Water Renovations Project, City of Bozeman Bozeman, MT BOND Bond Number:67S200856 Date(Not earlier than Contract Date): Amount:$ 995,236.00 Modifications to this Bond Fenn: 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 Company:Omdahl Excavation and Utilities, Inc, Signature:&,— (Sea]) The Ohio Casualty Insurance Company Nance and r Fite Surety's Name and Corporate Seal By 't. Signature and Title Bryan D. Had (Space is provided teiow for signatures of additional (Attach Power of Attorney)Attorney-in-Fact parties,irrequii-ci:.) Attest. �. z Signature and Title Donna K.Tucek,CISR CONTRACTOR AS PRINCIPAL SURETY Company: 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. 8-7021/GE 7/03 XDP I. Coutractur and Surety, jointly and severally, bind thetuselvcs, their heirs, &After Owner has terminated Contractor's tight to complete file Contract, and if executors,adolinistraturs,successors and assigns to the Owner for the performance Surety elects to act under Paragraph 4.1,4 2,or 43 above,then the ICSVOUSIlid I tics ofthe Contract,which is incorporated berem by reference of Surety to Owner shall not be greater than those or Contractor under the Contract, and the responsibilities ofOwncr to Surety shall act be greater than those of Owner 2. If Contractor petfornis The Contract, Surety and Conmaclor have no obligation under the Contract. To a limit of the amount of this Bond, but subject to under this Bond,except to participate in conferences as provided in Paragraph 3 1 commitment by Owner of file Balance or the Contract Price to mitigation of costs and damages on 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.I. Owner has notified Contractor and Surety ld the addresses described in completion or the Contract; Paragraph tO below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with 62 Additional legal, design professional and delay costs resulting from Contractor and Surety to be hold not later than fifteen days after receipt of Contractor's Default, and resulting from the actions or Failure to a"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 Owner's 6.3 Liquidated damages, or if no liquidated damages are specified in the right,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 tenunnated Contractor's right to complete the Contract Such Contractor Default S113JI 7.Surety shall not be liable to Owner or others for obligations of Contractor that arc not be declared earlier than twenty days after Contractor and Surety have unrelated to the Contract,and the Balance of Ille Contract Price shall not be reduced 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. I_ 'File Surety in accordance with the terms of the Contract; 8. Surely 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 lily court of competent jurisdiction in the location in which the Work or part of lie 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 tire.fallowing actions, two years after Contractor ceased working at within two years after Sorely refuses or rails to perform its obligations under this Bond, whichever occurs First. If the 4.1 Arrange COT Contractor,with consent of Owner,to perforin and complete provisions of this paragraph are void or prohibited by law,the mmitnual period or the Contract,or limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 4.2 Undortakc to perforin 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 file address shown oil the signature page 4.3 Obtain bids or negotiated PTOPUSals Fin qualified contractors acceptable to al Owner for a contract for performance and completion of the Contract, 11. When this Bond has been furnished to comply with a statutory requirement in arrange for a contract to be prepared for execution by Owner and the tire 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 iegal requirement shall[ be declined deleted performance and payment bonds executed by a qualified surety equivalent hincirour and provisions conforming to such statutory or other legal requircrinna to the Bonds issued oil the Contract, and pay to Owner the amount of shall be deemed inconpanated hiriciat The intent is that this Bondshall be construed damages as described in paragraph 6 in excess of the Balance of the as a 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 light to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances; 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been trade, 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 tire amount is determined, received by Owner in settlement of insurance or other Claims for damages lender payment therefor to Owner;or to which Contractor is entitled,reduced by all valid and proper payments made to or an 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 ideritificil an the signature page,including all Contract Documents and changes Thereto. 5 If Surety does not proceed as provided in Paragraph 4 with reasonable promptness. Sorely shall be deemed to be in default on this Bond 15 days.after 123 Contractor Default:Failure of Contractor,which has neither been remedied r"cifil of an additional written notice from OwnertoSurcty demanding that Surety nor waived, to perform or otherwise to comply with the terms 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 44,and Owner refuses the payment tendered or Surety has denied liability,in whole or in 124 Owner Default- Failure of Owner, which has neither been remedied nor pull,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 10 Owner. complete or comply with the other terns thereof. 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 Divsion R '0. Box 1800, Bozeman, MT 59771 20 East Olive Street, P.0. Box 1230 406587-5111 Bozeman, MT 59771 S-7021tGE 7103 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 The Ohio Casualty Insurance Company Manhattan, MT 59741-8556 9450 Seward Road Fairfield, ON 45014 OWNER (Marne and Address): City of Bozeman P. 0. Box 1230 Bozeman, MT 59771-1230 CONTRACT Effective Date of Agreement: Amount: $ 995,236.00 Description (Name and Location) 2013 Water Renovations Project, City of Bozeman Bozeman, MT BOND Bond Number: 675200856 Date (Not earlier J� Agreement): lo'ctive Date of Amount: $ 995�IR 0 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 Orndahl Excavation and Utilities, Inc, 659 Morning Mist Road The Ohio Casualty Insurance Company (Seal) Contractor's Name and Corporate ;Seal Surety's Narne and Corporate Sea] By: By: V Signature(Attach Power of Attorney) o Bryan D. Hall Pr rat , ame- tt' V Print Name Attorney-in-Fact ................ A Attest: nat e Signature Donna K. Tucek >V ....... Surety Account: Manager. Title Title Note: Provide execution by additional parties, such aspint venturers, if necessary. (,NJ WOO 1504;1) VA21)CC-6151 A)Payment Rond March 2008 Prepared by the Engincers Joint Contract Documents Committee. Page I of3 S-7148(GE 4108 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: 11 Promptly makes payment, directly or indirectly, for all sums due Claimants,and 2.2 Defends, indemenifies, and holds harrnless 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 Rendered 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: I. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days aver 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 whorn the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. I-lave 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. b. 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. [NI WOO 1504,11 E:JCDC 47-615tA,)Paymertl Rond M Trc h 2008 Prepared by the E;ngincers Joint Contract Documents Committee, Page 2 of 3 S-74481GE 4108 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 perforated 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 shit 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 con-tpl'y with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a coalm on law bond, 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power,. Light heat, nit, gasoline, to lepllnne 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 Olive Street, P. O. Box 1230 406-587-5111 Bozeman, MT 59771 tN1W001504,1) EdCDC C-615(A)Payanent Bond March 2008 Prepared by the Engincers,Joint Contract Documents Committee. Page 3or3 s-71481ot_4103 ................... THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5279179 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. certificate American Fire and Casualty Company Liberty Mutual Insurance Company No, — The Ohio Casualty Insurance Company Peerless Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of Ohio,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies),pursuant to and by authority herein set forth,does hereby name,constitute and appoint:, RICHARD B.DEMING,JULIE A.BENNETT,TYLER P.DELANEY, WILLIAM R.PRICE,DEBBIE DUNEIMAN,DONNA K_TUCEK,MARK COLLINS,BRYAN D.HALL, -................. ........................................ .................. ................................... ....................... -.... ..................................................... .................11-1 ........................ ........... all of the city of BOZEMAN ,state of MONTANA each individually if there be more than one named,its true and lawful aftomey-m-fact to make,execute,seal,acknowtedge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,nsoognizances and other surely obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. INWITNESS WHEREOF,this PowerofAttomey has been subscribed byan authorized officer or official of theCompanies and the corporate seals of the Companies have been affixed thereto this 29th day of March 2012 American Fire and Casualty Company X,- The Ohio Casualty Insurance Company Ilk to 0 N-IF3 Liberty Mutual Insurance Company er 0. �E Peerless Insurance Company R 3 >01 West American Insurance Company By: a STATE OF WASHINGTON ss Gregory W Davenport,Assistant Secretary COUNTY OFFING 0 co lip d) On this_2_9th day of March 2012 before me personally appeared Gregory W.Davenport,who acknowledged himself to be the Assistant Secretary of American Fire and U) O 2 Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,Peerless Insurance Company and West American Insurance Company,and that he,as such,being FUJ > authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. o La- E CL IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. 4- 0 M en 16 b 0A By: C KD Wiley,Notall Public Q) 9 E This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and X61hb I rizations of American Fire and Casualty Company,The Ohio Casualty Insurance -T) = Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company,which resolutions are now in full force and effort reading as follows., 4-co tm L. 0 C (am 40) ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject �4 0 C to such limitation as the Chairman or the President may prescribe,shall appoint such aftomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, :5 ,E A 1 6 acknowledge and deliver as surety any and all undertakings,bonds,recGgnizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective -a a) 0 W powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so >.0 4- executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomay-in-fact under Q CD 15 the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. M a ARTICLE X111-Execution of Contracts-SECTI ON 6.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president,resident, m >0 and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalfofthe Company to make,execute, 00 -Z 10--61 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizarCes and other surety obligations. Such atlomeys-in-fact subject to the limitations set forth in their 0 T-I respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company, When so o(? executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W. Davenport,Assistant Secretary to appoint such attomey-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations, Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and biding upon the Company with the same force and effect as though manually affixed. 1,David M,Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this-.. day tof ]14.12, 20 6— � mwm) By: S I N I David M.Carey,Assistant Secretary POA-AFCG.LMIC,OCIC,PIC&WAIC LMS 12873 012012 ......................................................................... ................... ............................................................................ .............. .......................... .............. OMDAH-1 OP ID:JM Aim M� DATE(MMIDDYYYY), CERTIFICATE OF LIABILITY INSURANCE 05/06113 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). CONTACT PRODUCER 406-587-5111 NAME: Jana McMillan First West,Inc. .PHONE PO Box 1800 406-587-5162 AID No Ext:406-922 6024 - tArc,No).406-587-9162 ,1905 Stadium Dr E-MAIL — st.com Bozeman,MT 59715 ADDRESS: ana u�fstwe Bryan D. Hall,CIC INSURERIS)AFFORDING COVERAGE NAIC# INSURER A 'Cincinnati Insurance!Company 10677 INSURED C?mdahi Excavation&Utilities INSURER B:Montana State Fund Inc. - _...... _... 659 Morning Mist Rd INSURER Cm Manhattan, MT 59741-8556 INSURER n - INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IIS 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. INS t ....._..._.__.....,_,.-.._.._-.-.-_ DDL UBR..... -..._,.._.,_.__,.-.._._._.. POLICY EFF 'F_GEbY EXP __.... ...__... ._._....,.-.._... LTR TYPE OF INSURANCE POLICY NUMBER JMM/DDffYYYJ fMMIDDNYYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 EPP0024533 05115112 05/15115 DAMAGE rt7I"tEFiTED 500 00 A X1 COMMERCIAL GENERAL LIABILITY X PREMISES„-,�Ea gccurrence S r CLAIMS-MADE X. OCCUR M EXP(Any one person) S 10,00 ...... ... ............. PERSONAL&ADV INJURY S 1,000,00 GENERAL AGGREGATE 3 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMPIOP AGG $ 2,000,00 POLICY X PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000` (Fa accident) $ • X ANY AUTO X EBA0024533 05115112 05115/13 BODILY INJURY(Per person) $ ALL OWNED _...__. SCHEDULED ....,_...__ - AUTOS AUTOS BODILY INJURY(Per acadeni)enl) S NON-OWNED PRGPERTY pAMAGE. '......_. HIRED AUTOS AUTOS Per accident) $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,00 • EXCESS LIAB CLAIMS-MA'DF X EPPOO24533 05115/12 05/15115 AGGREGATE S 1,000,00 DED X RETENTION$ 01 $ — WORKERS COMPENSATION X WC LATIJ- ®T H- AND EMPLOYERS'LIABILITY — . B ANY PROPRdETORIPARTNERIEXECUTVE YIN 032543520 07101112 07101113 E L EACH AC $ 500,00 OFFICERIMEMBER EXCLUDED? a N P A ___.. CIIDENT - (Mandatory in NH) E L.DISEASE•FA EMPLOYEE 500,00 If yes,describe under --.-..--.. ...._. ._-,.... _ _.__....... DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 500,00 A Leased/Rented EPP0024533 05115112 05/16115 Limit 200,00 Equipment Ded 1,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: 2013 Water Renovations Project/Bozeman jByron and Bev Omdahl are excluded from Workers Compensation coverage. 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,Montana, ACCORDANCE WITH THE POLICY PROVISIONS. City of Bozeman Engineering AUTHORIZED REPRESENTATIVE Department PO Box 1230 Bozeman MT 59771-1230 O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD HOLDER CODE CITYB1 5 OMDAH-1 PAGE 2 NOTEPAD: HOLDER NAmE Omdahl Excavation &Utilities OP ID: JM DATE 05/06/13 Certificate holder is additional insured for General Liability,provided requirement is part of a written agreement Curren I in effect, Per conditions and limitations of policy form GA2330105-1 0 available upon request. Certificate holder is additional insured for Auto Liability rovided requirement is part of a written agreement current)v in effect, per terms and conditions of policy form AM 01 03-06 available upon request. Certificate holder is additional insured for Umbrella Liability provided requirement is part of a written agreement currently in effeci, per terms and conditions of policy form US101 UM 12-04 available upon request. 45 Days Cancellation notification provided per terms and conditions of policy form IA4087 08-11 available upon request. OP ID: JM DATE(MM/0Dr(YYYj "'M......"" EVIDENCE OF PROPERTY INSURANCE 510612013 DATE 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 DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST, ONE AGENCY PHONE Na.Ext):406-587-5111 COMPANY First West, Inc. Cincinnati Insurance Company PO Box 1800 PO Box 145496 1905 Stadium Dr Cincinnati, OH 45250-5496 Bozeman, MT 59715 Bryan D. Hall,CIC F S AX,qq,406 87 79162 [ADDRESS: CODE: 25-006 SUB CODE: ILN�CY ST .El 111:OMDAH-1 INSURED LOAN NUMBER POLICY NUMBER BINDER EFFECTIVE DATE EXPIRATION DATr7---- Omclahl Excavation& Utilities CONTINUED UNTIL City of Bozeman, Montana 05106/13 05106/14 TERMINATED IF CHECKED 659 Morning Mist Rd THIS REPLACES PRIOR EVIDENCE DATED: Manhattan,MT 59741-8556 PROPERTY INFORMATION LOCATIONIDESCRIPTION N 7th Ave to N Broadway Ave Mendenhall Street from N 7th Ave to N Bozeman, MT 59715 Broadway Ave-2.013 Water Renovations Bozeman L 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 I PERILS I FORMS _I_A IJNTO�INSURANCE DEDUCTIBLE Limit at a'ny-s—ing-le locatIoniSpecial Form/RC 995,23- 1,00C Limit per Disaster/Special Form/RC 995,236 1'00( ,Limit at Temporary Location/Special Form/RC 99,524 1,00C Transit Limit/Special Form/RC 99,524 1,00( Soft Cost 5'9,52's � ,5241 i'00L- Flood 996,236 25,00 C Earthquake 995,236 25,00 C � REMARKS (Inc'I'udinq Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEL X Name ADDITIONAL INSURED M LOSS PAYEE X d Insured LOAN 9 City of Bozeman, Montana PO Box 1230 ALIT..HORIZED REPRESENTATIVE Bozeman, MT 59771 ACORD 27(2009112) 1993-2009 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD OP ID: JM DATE(MMJDDfYYYY) EVIDENCE OF PROPERTY INSURANCE 0510612013 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 DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. ... ........... AGENCY PHONE AIC No ,1:406-587-5111 COMPANY First West, Inc. ......... Cincinnati Insurance Company PO Box 1800 PO Box 145496 1905 Stadium Dr Cincinnati, OH 45250-5496 Bozeman, MT 597'15 Bryan D. Hall, CIC -1—.—1-1----------- ------ FAX I ADDRESS;_ CODE: 25-006 SUB CODE AGENCY CUSTOMER 10#:OMDAH-1 INSURED LOAN NUMBER POLICY NUMBER BINDER Orndahl Excavation&Utilities EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL City of Bozeman, Montana 05106/13 05106114 1 TERMINATED IF CHECKED 659 Morning Mist Rd THIS REPLACES PRIOR EVIDENCE DATED: Manhattan, MT 59741-8556 PROPERTY INFORMATION LOCATIONIDESCRIPTION N 7th Ave to N Broadway Ave Mendenhall Street from N 7th Ave to N Bozeman, MT 59715 Broadway Ave-2013 Water Renovations Bozeman 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 t PERILS I FORMS AMOUNT 05 INSURANCE DEDUCTIBLE ......................... Limit at any single location/Special Form/RC 995,236 1,00C Limit per Disaster]Special Form/RC 995,23 1100( Limit at Temporary Location/Special Form/RC 99,524 1,00( Transit Limit/Special Form)RC 99,524 1,00C Soft Costs 99524 1,00C Flood 995:236 25,00 C Earthquake 995,236 25,00 C REMARKS (including Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEE X ADDITIONAL INSURED LOSS PAYEE j X 45 Days Cancel Notice LOAN# City of Bozeman Engineering Department AUTHORIZED REPRESENTATIVE PO Box 1230 Bozeman, MT 59771 ACORD 27(2009/12) @)1993-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by eAc ACEC American Society National Society of Professional Engineers ASCEof Civil Engineers Professional Engineersht Private,ftedice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Pwctice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE - EJCDC C-700 Standard General Conditions of the Construction Contract Copyright@ 2007 National Society ofProfessional Engineers for EJCDC. All rights reserved, These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Conti-actor (EJCDC C-520 or C-525, 2007 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 Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800,2007 Edition). Copyright(0 2007 National Society of Professional Engineers 1420 King Street, Alexandria,VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street NV.,Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400,Arlington,VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Eng;ineers for EJCDC. All rights reserved. iq STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article I —Definitions and Terminology................................................................. ........................................ I 1.0,1 Defined Terms................................................................................-.... .... ................................... I 1.02 Terminology..................................................................................................................................5 Article 2—Preliminary Matters......................................—.— ...................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance............ ...... ....................................... ...............-6 2.02 Copies of Documents...................................................... ........................................................ ....6 2.03 Commencement of Contract Times;Notice to Proceed..,........................................... ...............6 2.04 Starting the Work.....................................—.—.......................... .................................—.—...........7 2.05 Before Starting Construction ................................................. ..........—........................................7 2.06 Preconstruction Conference; Designation of Authorized Representatives..................................7 2.07 Initial Acceptance of Schedules...........................................-........................................................7 Article 3—Contract Documents: Intent,Amending,Reuse ............................ ................. ............................8 3.01 Intent.................. ............................................................ ..............................................................8 3.0:2 Reference Standards...,......,.......... ................................................................................................8 3.03 Reporting and Resolving Discrepancies............................................. ...............................9 3,04 Amending and Supplementing Contract Documents...................................................................9 3.05 Reuse of Documents................................................. ...................... ................................... ...... 10 3.06 Electronic Data..................... ............................... ......... ............... ...................................... ...10 Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points............................................................. .............................................I I 4.01 Availability of Lands...--............................ ...............................................................................f I 4.02 Subsurface and Physical Conditions.............................. ................--......... ...............................I I 4.0�3 Differing Subsurface or Physical Conditions.............................................. ........................1.2 4.04 Underground Facilities............... ...................................................................... ...............13 4.05 Reference Points.......................................................................................... .......................... 14 4.06 Hazardous Environmental Condition at Site.........................................--............ ................... 14 Ailicle 5—Bonds and Insurance.., ..... ................................................................. ...... .................... 16 5.01 Performance, Payment,and Other Bonds..........................................................—...................... 16 5.0:2 Licensed Sureties and Insurers..................... ..................................................................... ........16 5.03 Certificates of Insurance........... ....... ..............I............................................................... 17 5.04 Contractor's Insurance........... .................................................................................................... 17 5.05 Owner's Liability Insurance...................... ............................................................................ .....19 5.06 Property Insurance................ .................................... 19 5.07 Waiver of Rights......... ............................................. .................. ..............................................20 5.08 Receipt and Application of Insurance Proceeds......................... ...................... ..................21 EjCDC C-7(10 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i 5.09 Acceptance of Bonds and Insurance; Option to Replace...........................................................21 5.10 Partial Utilization,Acknowledgment of Property Insurer...........................................................22 Article 6-Contractor's Responsibilities..................._..._,_..................... ..................... .............................22 6.01 Supervision and Superintendence... ......... ..................... ................... .....................................22 6.02 Labor;Working Hours................... ............................................................................................22 6,03 Services,Materials, and Equipment.... .................................................____.......... .................22 6.04 Progress Schedule................................................. .....................................................................23 6.05 Substitutes and"Or-Equals........................................................................................ ...............23 6.06 Concerning Subcontractors, Suppliers, and Others......................................................... .....25 6.07 Patent Fees and Royalties .................................................................. ......................... ............27 6.08 Permits........................................................ ......... .......... ............ .....27 6.09 Laws and Regulations........ .................. ............................................. ....... ...............................28 6.10 Taxes ..... ..................................................................................................... ................ ..............28 6.11 Use of Site and Other Areas................ ............................................................ ................. .........28 6.12 Record Documents.... I......I............................................................................... ...29 6.13 Safety and Protection..................................................................................................................29 6.14 Safety Representative....................................... ...................................... ................................_30 6.15 Hazard Communication Programs...............................................................................................30 6.16 Emergencies................. .......................... ....... ...... ............ ..............................................._30 6.17 Shop Drawings and Samples............................................................................................ .........31 6.18 Continuing the Work............................. ..................... ...............................................................32 6.19 Contractor's General Warranty and Guarantee.... .......... ..................... .................................33 6,20 Indemnification .................... ......................................................................................................33 6.21 Delegation of Professional Design Services..... .................... ....................................................34 Article 7-Other Work at the Site. ..................... ........ ......... ........................ ..............................................35 7.01 Related Work at Site.......................... ................. ......................................................................35 7.02 Coordination....._................................. ....................... ..............................................................35 7.03 Legal Relationships........ ..... . ...... ......... ................... ....................................36 Article 8,-Owner's Responsibilities............................ ........ ............. .......................................................36 8.01 Communications to Conti-actor.................... ................ .............................................................36 8.02 Replacement of Engineer,........................................................... ................................................36 8,03 Furnish Data......................................................... ........... .......... ......................................36 8.04 Pay When Due................................__............................. ....... ..................................................36 8.05 Lands and Easements; Reports and Tests.......................................................... ........................36 8.06 Insurance.................................................................................................... ..............._ ............36 8.07 Change Orders.............................................................................................. ....... ......................37 8.018 Inspections,Tests,and Approvals ..............................................................................................37 8.09 Limitations on Owner's Responsibilities ....................................................................................37 8.10 Undisclosed Hazardous Environmental Condition....................................................................37 8.11 Evidence of Financial Arrangements.......................................................................... ...............37 8.12 Compliance with Safety Program.......................................................... ...................................37 Article 9-Engineer's Status During Construction.............. ......... .................................... ......................37 9.01 Owner's Representative............................. ......I ...............................................................37 rQCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page,ii 9.02 Visits to Site.. .......................... ...... ....................................... ................. ...... ..........37 9.03 Project Representative.................................................................. ...........................................-38 9.04 Authorized Variations in Work .... ................................................................................... .........38 9.05 Rejecting Defective Work............................ ............. ............................ ...-............................-38 9�.06 Shop Drawings,Change Orders and Payments....... ................................................ .................39 9.07 Determinations for Unit Price Work ..........................................................................................39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work.....................39 9.09 Limitations on Engineer's Authority and Responsibilities........................................................39 9.10 Compliance with Safety Program............................................................ ..................................40 Article 10-Changes in the Work;Claims ............................................................-.- ..........................-.....40 10.01 Authorized Changes in the Work ....................... .......................................................................40 10.02 Unauthorized Changes in the Work.................. ...................................... ................................41 10.03 Execution of Change Orders .............................................................................--.....................41 110.04 Notification to Surety-..... ......... ..............................................-.................................. ........41 10.05 Claims.. .. .................... ....................................... ....... ................. ........................41 Article I I -Cost of the Work; Allowances; Unit Price Work.......................... ............................... ....... ....42 11.0,1 Cost of the Work...................... .....................................................................................--.........42 11.02 Allowances......................... ...................... ...................................................... .....................45 11.03 Unit Price Work................ ............................ ........... ..................................................... ..........45 Ailicle 12-Change of Contract Price; Change of Contract Times ...............................................................46 12.01 Change of Contract Price............................................ .................. ...................................... .....46 12.02 Change of Contract Times ................. ............... .......................................................................47 12.03 Delays............................................................................. ........... ................................................47 Article 13-Tests and Inspections; Correction,Removal or Acceptance of Defective Work.......................48 13.01, Notice of Defects,...,, .................................................................................................................48 13.02 Access to Work........ ................--......................................................... ...................................48 13.03 Tests and Inspections............... ........--.............................. ............... ....... ............................ ...49 13.04 Uncovering Work.............. ....................................... .................................................................49 13.05 Owner May Stop the Work .......................... .............................................. ........................... 50 13.06 Correction or Removal of Defective Work ...... ............................................................. 50 13.07 Correction Period.....................................--...... ........................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 Owner May Correct Defective Work ....................... .................................................................52 Article 14-Payments to Contractor and Completion.......................................... ............................... .........52 14.01 Schedule of Values......................... .... .................. .....................................................52 14.02 Progress Payments ...........................--............. .....--.........................................................52 14.03 Contractor's Warranty of Title....... ......................... .........................................55 14.04 Substantial Completion..................................... ............... ..................................................... ...55 14.05 Partial Utilization........................................................ ...............................................................56 14.06 Final Inspection..................... .......................... ...........................................................................57 14.07 Final Payment........................... ..................................................................................................57 14.08 Final Completion Delayed.....-...... ............ ........................................................--..................58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright(D 2007 National Society of Professional Engineers for EJCDC, All rights reserved. Page Hi 14.09 Waiver of Claims...................................................... .......... ......................................................58 Article 15 —Suspension of Work- and Termination............................................ ...........................................59 15.01 Owner May Suspend Work.. ..............59 15.02 Owner May Terminate for Cause............................................................................. .................59 15.03 Owner May Ten-ninate For Convenience... ...... ........ .........................................................60 15.04 Contractor May Stop Work or Terminate...................................................................................60 Article 16—Dispute Resolution....................................... ............................ ............... ........ ....... ...............61 16.01 Methods and Procedures.................................................................................. ............... ..........61 Article17—Miscellaneous...... .......................................................................................................................61 17.01 Giving Notice. ......... . .......................................... .............................................................61 17.02 Computation of Times................................................................................................................62 17,03 Cumulative Remedies......................................................................................... .......................62 17.04 Survival of Obligations...............................................................................................................62 17.05 Controlling Law.........................................................................................—..............................62 17.06 Headings.......................................................................................................................................62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright(D 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page iv ARTICLE 1 –DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct,or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3, Applicationft)r PaYineni—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6, Bidden The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable forl-ri, if any, and the Bid Form with any supplements. 9. Change Ordei A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claini—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price oi• Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright t 2007 National Society of Professional Engineers for FJCDC. All rights reserved. Page I of 62 12. Contract Docionents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Threes—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor- The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition, 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the -,.cope, extent, and character of the Work to be performed by Conti-actor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. ]-&ctive, Date of the Agreement—The date indicated in the Agreement on which it becomes effective,but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order�A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division I of the Specifications. 22. Hazardous Environmental Condition The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act(42 USC Section 6903) as amended from time to time. 24. Laws and Regulations, Laws or Regulations—Any and all applicable laws,rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright(D 2007 National society or Professional Engineers ror KICDC. All rigbts reserved. Page 2 of 62 27. Notice cif Amwrd—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Pro need A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Conti-actor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the, Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s)of contents. 35. Radiooctive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.)as amended from time to time. 36. Resident Pro ect Representative—The authorized representative of Engineer who may be assigned to the Site or any pail thereof. 37. Sainples—Physical exan-iples of materials, equipment,or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule ql' Subnfiltals—A schedule, prepared and maintained by Contractor, of required - submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule o Values—A schedule, prepared and maintained by Contractor, allocating portions �f of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. FJCDC C•700 Standard General Conditions of the Construction Contract Copyright�24107 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 40. Shop Drawings—All drawing,,,, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto, 43. Subcontractor- An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof)) has progressed to the point where, in the opinion of Engineer, the Work- (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. SuccesrIW Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions, 47. Sul-)I)Iier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Un4erground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water,other liquids or chemicals,or traffic or other control systems. 49. Unit Price Wo•k-----Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Di•ective—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 II addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Conti-act Price or the Contract Times but is evidence that the parties expect that the change ordered oi• documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms, discussed in Paragraph 1.018 through F are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent qf Certain Terms oi-Aqiectives: 1. The Conti-act Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," satisfactory," oi- adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or deterinination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty,or deficient in that it: a. does not conform to the Conti-act Documents*,or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility foi- the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05), EJCDC C-700 Standard General Conditions of the Construction Contract Copyright t 2007 National society or Professional Engineers for FJCDC. All rights reserved. Page 5 of 62 E. Furnish, Install, Perform, Provide: 1, The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location)ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services,materials,or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perforin," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Conti-actor may be required to furnish, B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance(and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Conti-act Tinies;Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright(b 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 2,04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times cornmence to run. 2.05 Be -e Starting Construction foi A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Conti-actor shall submit to Engineer for tinkly review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents;. 2. a preliminary Schedule of Submittals; and 3, a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work, 2.06 Preconstruction Coqfirence;Designation (!f Authorized Representatites A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be field to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A,procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Accel)tance oj'Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Conti-actor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on EJCDC C•700 Standard General Conditions of the Construction Contract Copyright®r 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required Submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts, of the Work. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Conti-act Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Re ference Standards A. Standards, Specifications,Codes,Laws,and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations,whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids),except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer,or any of their officers, directors, members,partners, employees,agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. EJCDC C-700 Standard General Condition-of the Construction Contract Copyright(0 2007 National Society of Professional Engineers for ETCDC. All rights reserved. Page 8 of 62 ................... 3.03 Reporting and Resolving Discrej,7ancies A. Repoi-ting Discrepancies: 1. Conn-actors Review(#"Contract Docionents Bobre Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Conti-actors Review cry"Contract Documents During Perfbi-inance q1" Work: If; during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby(except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3, Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrellancies: I. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents, would result in violation of such Law or Regulation). 3.04 Amending and Suy)pleinenting Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive, B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work rnay be authorized, by one or more of the following ways: EJCDC C-700 Standard C kneral Conditions of the Construction Contract Copyright�2007 National Society of Professional Engineers for F.JCDC, All rights reserved. Page 9 of 62 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph. 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse o f Documents A. Contractor and any Subcontractor or Supplier shall not; 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract.: Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.016 Electronic Data ! A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known,as hard copies), Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 617 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages,operating systems,or computer hardware differing from those used by the data's creator. I E.1Ci7C C-700 Standard General Conditions of the Construction Contract Copyright Q 2007 National Society of Professional Engineers for EJCi7C. All rights reserved. Page 10 of 62 ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availabili(y of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a pail thereof,Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws; and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Substuftice and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at oi- contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structure,,;at the Site(except Underground Facilities). B. Limited Reliance ky Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents, Such -technical data" is identified in he Supplementary t Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, L employees, agents, consultants,or subcontractors with respect to: I. the completeness of such reports and drawings for Conti-actor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings;or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations,opinions,or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Of 2007 National Society or Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 4.03 DifiJering Subsinfiace or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate;or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Et gineers Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: I. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, perfori-nance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work, that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and ........... EJCDC C-700 Standard General Cotulitions of the Construction Contract Copyright @ 2U07 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 or 62 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or oil the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Intlicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others, Unless it is otherwise expressly provided in the Supplementary Conditions: I. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others;and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner,during construction; and d. the safety and protection of all such Underground Facilities and repairing any darnage thereto resulting from the Work. B. Not Shown oi,Indicated: I If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Conti-act Price or Contract Times,Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reffi-ence Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4,06 Hazardous Environmental Condition at Site A. Rej,7orts and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer,or any of their officers, directors, members, partners, employees, agents,consultants,or subcontractors with respect to: I. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings;or 1 any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data,interpretations,opinions or information. FJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers,or anyone else foi-whom Contractor is responsible, D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work- in connection with such condition and in any area affected thereby(except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer,Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work- stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner.and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC C-700 Standard General Conditions of[be Construction Contract Copyright�20D07 National society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 1. The provisions of Paragraphs 4.02, 4.013, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site, ARTICLE 5—BONDS AND INSURANCE 5.01 Pei- ,fortnance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.107, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws of Regulations, and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact, must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its fight to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification,provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.0 LB and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds of insurance policies for the limits and coverages so required. Such surety and insurance companies shall also EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Oc 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pagc,16 of 62 meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B, Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to Maintain such insurance, -esent that insurance covet-age and limits established in this Contract D. Owner does not repi necessarily will be adequate to protect Contractor. E The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5,04 Contractor's Insurance A, Contractor shall purchase and maintain such insurance as is appropriate for` the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract-Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable, 1, claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease,or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EIICDC C-700 Standard General Conditions of the Construction Contract Copyright(0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership,maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4, contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C•700 Standard General Conditions of the Construction Contract Cop right @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 113 of 62 5.05 Ownevs Liabili4,Insurance A. In addition to the insurance required to be provided by Conti-actor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owners expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. M6 Propeq),Insurance A. Unless otherwise provided in the Supplementary Conditions,Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: I. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy fonri that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions, 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in, effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C•700 Standard General Conditions of the Construction Contract Copyright C 2007 National Soclety of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor,Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts,each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5,06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver oj'Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby, All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 I. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or pail thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or pai-t thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07, C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07,13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents,consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5,08,13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys So received applied on account there-of, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in inte.i -est shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance q Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents,the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall, notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's EJCDC C-700 Standard General Conditions of the Construction Contract Copyright�2007 National Society of Professional Fngincers for EJCDC. All rights reserved. Page 21 of 62 ti interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5,10 Partial Utilization, Acknon,ledgment(?f 11ropertv Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent(which will not be unreasonably withheld);given after prior written notice to Engineer. 6.03 Stirvices, Materials, and Equipment A. Unless otherwise specified in the Conti-act Documents, Contractor shall provide and assume full responsibility for all services, materials,equipment, labor, transportation,construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all.other facilities and incidentals necessary for the performance,testing, start-up, and completion of the Work. LJCDC C-700 Standard General Conditions of the Construction Contract Copyright�2007 National Society of Professional Engineers ror EJCDC. All rights reserved. Page 22 of 62 B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, Shall be of good quality and new, except as otherwise provided in the Conti-act Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Conti-actor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A, Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance(to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order, 6.05 Substinttc�v and "Or-Equals A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Fqual"Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05,A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if- a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; FJCDC C-700 Standard General Conditions of the Construction Contract Copyright Cc")2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3,) it has a proven record of performance and availability of responsive service. b. Contractor certifies that,if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform Substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that I. named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Conti-actor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use, The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any Of the Contract Documents for in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 or 62 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; f 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales,maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedtires: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineers Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05A and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer:y Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents for in the provisions of any other direct contract with Owner)resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal'"at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National society or Professional Engineers for KJCDC, All rights reserved. Page 25 of'62 required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Conti-actor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents)of any such Subcontractor, Supplier,or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier,or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Conti-actor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity;nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Conti-actor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, EJCDC C•700 Standard General Conditions of the Construction Contract Copyright�2007 National Society of Professional Engineers for KJCDC. All rights reserved. Page 26 of 62 Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of,relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same, 6.07 Patent Fees and Royalties I, A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others,the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims,costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention,design, process, product, or device specified in the Contract Documents,but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims,costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design,process,product,or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for-the prosecution of the Work which are applicable at the time of opening of Bids,or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 1EJCDC C-700 Standard General Conditions of the Construction Contract f Copyright t 2007 National Society of Professional Engineer.,;for EJCDC. All rights reserved. Page 27 of 62 6,09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3,03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Ta.ves A. Contractor shall pay all sales, consurner, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the perfon-nance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations,Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought EJCDC C-700 Standard General Conditions of the Construction Contract Copyright�)2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal cif Debi-is During Peilbrinance of the Work: During the progress of the Work, Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris Shall conform to applicable Laws and Regulations, C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor pen-nit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safev and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, not- for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1, all person,,on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal,relocation,or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 4 2007 National Society of Professional Engineers for rJCDC. All rights reserved. Page 29 of 62 shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work, may affect them, and shall cooperate with them in the protection, removal,relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work,or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them,or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such. tiri-ie as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Sqfety Representative A. Contractor shall designate a qualified and experienced Safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6,16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright(b 2007 National Society of Professional Engineers for EJCDC, All rights reserved. Page 30 of 62 required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drmvings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. -aings: 1. Shol)A w a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria,inateri,als, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6,17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. K Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor, C. Submittal Procedur-es: 1. Before submitting each Shop Drawing or Sample,Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all inforination relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright t 2007 National SI(xiety of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 i 2. Each submittal shall bear a stamp or specific written certification that Contractor-has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Sharp Drawings or Sample submittal„ and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engine r :s°Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the 'Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods,techniques, sequences,or procedures of construction (except where a particular means,method,technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve~ Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C_3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.1"7.0.1. E. Re,s'ubmittal Procedures- 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals, 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or I disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. EJCUC C-700 standard General Conditions of the Construction Contract Copyright t 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 6.19 Contractors General Warranq,and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible;or 2, normal wear and tear under normal usage, C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer-, 6. any inspection, test,or approval by others;or 7. any correction of defective Work, by Owner. 6.20 IndemnP fication A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual oi- entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . EJCDC C-700 Standard General Conditions of the Construction Contract Copyright�2007 National Society(if Professional Engineers for EJCDC. All rights-reserved. Page 33 of 62 B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work,or anyone for whose acts any of them may be liable,the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the C� liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders,designs,or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation (�f Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a property licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when Submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. FJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 ENGINEERING DIVISION CONSTRUCTION CONTACT DOCUMENTS REVIEW CHECKLIST Checklist: Notice of Atli.-ard: N Issued within 60 days unless bid 1 d extended in Titinc, Bid Opening date., WC1113 V' Bid Expiration date: 0113 Bid Form: j I �QCopy of original executed Bid Form included, or new executed cop), matches original bid Agreement: MPW Standard form All information is complete and accurate )c Contract amount matches bid amount Properly signed Payment Bond: � MPW Form, or SUTrolgate Form provided appears adequate Correct amount (100% of bid ai-nOLlnt) City named owner Form un-date (to be dated upon execution by Owner) Performance Bond: 4NIPW Form, or Surrogate Form provided appears adequate Correct amount (100% of bid amount) City named owner 'y.. Form un-date (to be dated upon execution by Owner) Power of Attorney: X Form provided and executed Certificates of Insurance: /K Correct Amounts �K City Named as Certificate Holder /k City Named as Additional Insured - 45 day cancellation notice 7c cy a — Expiration date is Other Special Submittals Required by Contract Documents (list): contractycliklist.nirg E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related Work at Site A, Owner may perforn-i other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents,then: -eof will be given to Contractor prior to starting any su h oth r work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and property coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will beaffected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner andsuch utility owners and other contractors. C. If the proper execution or results of any pail of Contractor's Work depends upon work perfon-ned by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site,the following will be setforth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2, the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authorityand responsibilities will be provided. EJCDC C-700 Standard General Coadiflows of the Construction Contract Copyright @ 2007 National Society of'Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 - J B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationshil)s A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for thereasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongffil action or inactions. ARTICLE 8—OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 RelVacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of tile former Engineer. 8,03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pqy, When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02,C and 14.07.C. 8.05 Lands and Easements;Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4,05, Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. F-JC0C C-700 Standard General Conditions of the Construction Contract Copyright(D 20V National Society of Professional Engineers for EJCDC. All rigbts reserved. Page.36 of�62 ' 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, andApprovals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner"s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, oi-the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the perforrilance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Kqzardous Environmental Condition A. Owner's responsibility in respect to ail undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence oj'Finaneial Arrangenients A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, 8.12 Compliance with Saftly Prograin A. Whil:e at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been infornied pursuant to Paragraph 6.13.D. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owners Reprc�ventative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9M Visits to Site A. Engineer will make visits to the Site at intervals, appropriate to the various stages of construction as Engineer deerns necessary in order to observe as ail experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright(0 2007 NationalSociety of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 - continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents, On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly,but without limitation,during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.0�3 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing inore extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09,. If Owner designates another representative oi- agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in lVork A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly., If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times,or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting D&ctive Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated,installed,or completed. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright(D 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38, (of 62 Engineer's 9'.06 Shop Drawings, Change Orders and Payntents A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, Lis to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.2 1. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14, 9.07 Deteoninalionsft)r Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 1 O.05. 9.08 Decisions on Requirements qf Contract Documents and Acceptability oJ*Work- A, Engineer will be the initial interpreter of the requirements of the Coritract Documents and judge of the acceptability of the Work thereunder, All matters in question and other matters between Owner and Conti-actor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. ' -_- will be final and binding- - on Owner_ and Conti-actor, subject to the provisions of Paragraph 10.0:5. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineers A uthority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not EJCDC C-700 standard General Conditions of(he Construction Contract Copyright C 2007 National Society of Professional Emginecrs for EJCDC. All rigbN r(sLrved. Page 39 of 62 exercise !such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, irnpose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity,or to any surety for or-employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Conti-actor or of any Subcontractor, any Supplier,or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate ,compliance with,the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph ,9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any, 9.10 Compliance with Saj�,�y Prograin A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.1 3.D. ARTICLE 10—CHANGES IN THE WORK; CLAIMS 10.01 AuthorizedChangesinthe Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be per-formed under the applicable conditions of the Conti-act Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of�Proressional Engineers for EJCD�C. All rights reserved, Page 40 or 62 10.02 Unauthorized Changes in the Work, A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case Of uncovering Work as provided in Paragraph 13.04.1 . 10.03 Exectaion of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0 LA, (ii) required because of acceptance of defective Work under Paragraph 13.08,A or Owner's correction of defective Work under Paragraph 13.09,or(iii) agreed to by the pal-ties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carryon the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notijication Io Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work, or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required. All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice:Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly(but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data FJCDC C•700 Standard General Conditions of the Construction Contract Copyright 9)2007 National Society of professional Engineers for EJCDC. All fights reserved. Page 41 of 62 shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13, Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after- receipt of the claimant's last submittal (unless Engineer allows additional time)• C. Engineers Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim;or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.0.3 or I 10.05D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 —COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11,01 Cast oftheWWork A. Costs Included: The term Cost of the Work means the sum of all costs,except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the chanue in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph I L01.13, and shall include only the following items: EJCDC C-7411 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 42 of 62 I Payroll costs for employees in the direct employ of Contractor in the performance of the Work- Linder schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work, Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday,or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts,rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3, Payments made by Conti-actor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.011, 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5, Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Conti-actor. c. Rentats of all construction equipment and machinery, and the pails thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable,and royalty payments and fees for permits and licenses, f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Conti-actor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to put-chase and maintain, B. Costs Excluded:The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0 LA.I or specifically covered by Paragraph 11.0I.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work, and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not I. EJCDC C-700 Standard General Conditions or the Construction Contract Copyright V 2007 National Society of Professional Engineers for FJCDC. All rights reserved. Page 44 of 62 limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.0 LA, C. Contractors Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work,Contractor's fee shall be determined as set forth in Paragraph 12.01.0. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs ILOLA and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allmtwnces A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons Or entities as may be acceptable to Owner and Engineer. B. Cash Allowances.- 1. Contractor agrees that: a, the cash allowances include the cost to Contractor(less any applicable trade discounts)of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Confingenc y Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the Sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unii Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright(P 2007 National society of Professional Engineers for FJCDC. All rights reserved. Page 45 of 62 the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if- the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12—CHANGE OF CONTRACT PRICE;CHANGE OF CONTRACT TIMES 12.01 Change ql'Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12,01.0.2) or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work- (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.0). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 C. Contraclor'S Fee,- The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee;or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0I.A.I and 11.0 I.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11:01.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work- plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 1 1.0 I.A.I and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs I LOLAA, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0 I.C.2.a through 12.0I.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Conti-act in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 / neglect by Owner, acts or neglect of utility owners or other contractors performing other work, as contemplated by Ai ticle 7,fires,floods,epiden-iics,abnoi mal weather conditions,or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the peiforfriance or progress of the Work-, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Conti-act Times, or both. Contractor's entitlement to an adjustment of the Contract Tirnes is conditioned on Such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C, If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers,directors,members,partners,employees,agents,consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an a(ijustirient in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13—TESTS AND INSPECTIONS;CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A, Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their, observation, inspection, and testing. Contractor shall provide them proper and safe conditions for-such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. FJCDC C-700 Standard General Conditions of the Construction Contract Copyright(0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests,or approvals covered by Paragraphs 13.03.0 and 13.03.1)below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13,04.C; and ise specifically provided in the Contract Documents. 3. as otherw C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to, be incorporated in the Work; or acceptance of materials, i-nix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be �inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall,, if requested by Engineer, uncover such Work, for observation, F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense, B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor,material,and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright(D 2007 National Socict�y of Professional Engineers for EJCDC. All rights mserved, Page 49 of 62 C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorney, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but Dot limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective,Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction, If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13,06 Correction or Removal qlD�ftctive Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work-, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it frorn the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any,on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of tirne as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: LJCDC C400 Standard General Conditions of the Construction Contract Copyrigbt C 200�7 National Societ�y off'rofessional Engjneers for EJCDC. All rigla's reserved. Page 50 of 62 I. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4� satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Workremoved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction oi- repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work,the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13,07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. 13.08 Acceptance qf D�I�ctive Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. EJCDCC-700 Standard General Conditions of the Construction Contract Copyright(b 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 13.09 Owner May Correct.Deecti ve Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06A or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct,or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.019, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies Linder this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10,05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction,removal,or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Worl, attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. I. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications foi-Payments: l. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright(0 2007 National society or Proressional Engineers for EJCDC. All rights reserved. Page 52 of 62 Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents, If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement, B. Review of Appl ications: I. Engineer will, within 10 days after receipt of each Application for Payment,either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as all experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright(D 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor- to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise,direct,or control the Work,or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto,or c. for Contractor's failure to corriply with Laws and Regulations applicable to Contractor's performance of the Work,or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price,or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09, or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. 'Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright(G 2007 National society or Professional Engineers for FTCDC. All rights reserved. Page 54 of 62 D. Re&iction in PaYment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14,02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an arnount due as deterrnined by Paragraph 14,02.C.I and subject to interest as provided in the Agreement. 14.03 Conlraclor',v 97arranty of Tide A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion, If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete,Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C)2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing .and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, of which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: I. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04,A through D for that pail of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work, to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright p 2007 National society of Professional Engineers for E.JCDC. All rights reserved. Page 56 of 62 - 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is defective. Contractor shall immediately take such measures as are DeCcSSaiY to incomplete oi complete such Work or remedy such deficiencies, 14.07 Final Payment I. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with tile Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, rilarked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: a. all docurnentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and all affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engiiieer'vRevi(-,wofApplictitionai,7clAc,ceptan(--e: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying EJCDC C-700 Standard General Conditions of the Construction Contract Copyright(b 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 - documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payrrient and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14,09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for 'Payment. C. PaYment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer,less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Con�pletion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirins, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.,09, Waiver of Claims A. The making and acceptance of final payment will constitute: I. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 Owner Alay Suspend Work A, At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work, on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. A. The occurrence of any one or more of the following events will justify termination for cause: Contractor's persistent failure to perfonri the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted.from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer'. or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of I. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims,costs, losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner, Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when EJCDC C-700 Standard General Conditions of the Construction Contract _ Copyright C 2007 National Society of Professional Engineers fai-EJCDC. All rights reserved. Page 59 of 02 so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall, not be required to obtain the lowest price for the Work perfori-ned. D. Notwithstanding Paragraphs 15-02.13 and 15,02,C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0l.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for(without duplication of any items): I. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work,plus fairand reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directlyattributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such ten-nination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or tinder an order of court or other public authority, or(ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days EJCDC C-700 Standard General Conditions of the Corustruction Contract Copyright C 2007 National Society of Professional Engineers for RICDC. All rights rmrvtd. Page 60 of 62 � - to pay Conti-actor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted,or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16—DISPUTE RESOLUTION A. Either Owner or Conti-actor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes filial and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement, The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the 'hall stay the effect of Paragraph 10.05.E. Contract. Timely submission of the request s B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial -aphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after pursuant to Paragi termination of the mediation unless, within that time period,Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions;or 2. agrees with the other party to submit the Claim to another dispute resolution proceSs; Or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17,01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deerned to have been validly given if- EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Oc 2007 National society of Professional EDgineers for EJCDC, All rights,reserved. Page 61 of 62 - | 1, delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended;or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation qffinzes A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of ally such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation,right, and remedy to which they apply. 17.04 Survival(�f Obligotions A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or cornpletion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. QCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 SECTION O0810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions arnend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions, that are not so amended or supplemented remain in full force and effect. SC - 2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.01,A Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed copies of the required Bonds, Power of Attorney, and Certificate of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain three copies. SC —2.03 NOTICE TO PROCEED Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following in its place: Following the execution of the Agreement by the Owner and the Contractor, written Notice to Proceed with the Work shall be given by the Owner to the Contractor, The Contract Time will commence to run on the day indicated in the Notice to Proceed. SC - 2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.05.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 11.0 1 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—6"'Edition Supplementary Conditions to the General Conditions Page 1 of 12 SC - 2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: Prior to the first application for payment all schedules and docurnents 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 by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor's full responsibility therefore, Add the following after Paragraph 2.07,A.3: Contractor's Schedule of Construction Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.0 LA.5.c, SC - 4.01 AVAILABILITY OF LANDS Add to Paragraph 4.0l.0 of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's easement or right-of-way, the Contractor shall obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right-of-way without written permission frorn 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. Rej)orfs and Drawings: The Special Provisions identify' Delete the reference to Supplementary Conditions in paragraph 4.02.B and replace with Special Provisions. Section 00810—6"'Edition 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. Conti-actor 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 ally 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 infon-nation 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: The Special Provisions identify those reports.......... SC- 5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injury, or property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified Section 00810-6"'Edition Supplenientary Conditions to the General Conditions Page 3 of 12 copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverage shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from Occurrences during the agreement period, 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: I. 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 5 Products and Completed Operations Section 008 10-6"'Edition Supplementary Conditions to the General Conditions Page 4 of 12 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 $ 500,0001 .00 Each Accident $ 1,000,000.00 Property Damage: Each Accident $1,000,000.00 (or) b. Combined Single Limit $ 1,000j)(0.00 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 $5,000.00 per Occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.13, 1 of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph 5.04,13.4. of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence L$ 1 ()00,000,00 Aggregate $ 3,000,000.00 Section 00810-6h Edition Sopplenientary 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 5.04.13.5 remains in effect. SC - 5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to Such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; and 5. be endorsed to allow occupancy and partial utilization of the Work by Owner. Section 00810—6'�'Edition Supplementary Conditions to the Gene Conditions Page 6 of 12 6. include testing and start-Lip; 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 Article 5.06A shall comply with the requirements of GC - 5.06.C. The qualifications of the insurance company shall comply with the requirements of SC- 5,02,A. SC-6.02 Working Hours Add the following to Paragraph 6.02.13: Regular working hours are defined as 8:00 AM. to 5:00 P.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6,04.A.1 of the General Conditions in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments will be acceptable to Engineer as providing an orderly progression of the Work to cornpletion within any specified milestones and the Contract Time, No progress payment will. be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefore. Section 00810—6h Edition Supplementary Conditions to the General Conditions Page 7 of 12 SC- 6.13 SAFETY AND PROTECTION Change Supplementary lernentary Conditions in paragraph 6.1 3.0 to Special Provisions. Add new paragraphs to the end of paragraph 6.13.17 of the General Conditions as follows: G. 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. R 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 Conti-actor'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 Conti-actor's expense, The Conti-actor 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 rnen to and from the work or any part of site thereof-, whether by hire 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. 1, The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or frorn the authority having Jurisdiction over public property involved, to obstruct traffic at the designated point. Section 00810—6']'Edition Supplementary Conditions to the General Conditions Page 8 of 12 J. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6,20,A. of the General Conditions which is to read as follows: While Owner and Engineer ri-iay have the right under this Contract to observe or otherwise review the work, progress and operations of the Conti-actor, 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: I 1.0l.A.5.c The rental of all construction equipment and machinery and parts thereof whether rented from 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 equiprnent 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., I For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the Section 00810—6'h Edition Supplementary Conditions to the General Conditions Page 9 of 12 equipment rental rates will be negotiated prior to the work being r----- SC-11.03 UNIT PRICE WORK Delete paragraph I1l3'13.1 and 2 of the General Conditions in its entirety and insert the following in its place: K. the quantity of particular item of Unit Price Work performed by Contractor differs by more than 2596 from the estimated quantity of such item indicated in the Agreement, and Z. the total cost of the pm1rolor individual ito:m of Unit Bjcc Work nmoouote to 1096 or more of the Contract Price which iuthe total sum of all schedules (if uuy), and � SC- 14.02.A APPLICATIONS FOR PAYMENTS Add the following language a1the end of paragraph l4.O2./\.lof the General Conditions: Payments for materials in storage shall he based only upon the actual cost of the materials and equipment to Contractor and xby|l not include any overhead or profit, Bill of Sale, invoice n, other docuomeut vvmTmmdog clear title for materials in storage will he waived for the material in storage included in the first progress payment application. k)*v/cver, proof of payment and clear title must be submitted with Application No. 2 for all mated al included in Application No. 1. Without such documentation amounts paidfor materials in storage will be deducted from smbwcgmcnt puynocotu. Beginning with the second application, all requests for payment for rumtmriu|o in storage: nbu11 he accompanied by Bill of Sale, invoice or other docurnent warranting clear title as required above. Add the following to Paragraph 14.02.i1.3: In accordance with m1a1c luv/ the {)vvnor may accept deposited securities in lieu of cash ' rm1cioogc. Bctolmngc may be used by the (lvvucT 1n offset costs for any of the lnaeme cnuoneruiediu Paragraphs|4.02.I3.5.uthrough 14.02.B.5.d inclusive, 14.02.[).i.u. through 14.02.D.].d inclusive, or 15.02.C. In addition re1niougc may be used by the Owner to protect against \oxu from failure by the Contractor to oonozdeic necessary work and 10 offset any liquidated damages due Owner. Add u new paragraph after paragraph to 14.82./\.3 to read: 4. Each application for Drvgn:mx payment ybo]l be accompanied by Conti-actor's / updated progress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Ovvocr or Engineer. The ()vvocr reserves the right to require submission of monthly certified payrolls by the Contractor. Section 008l8-6^Edition Supplementary Conditions tn the General Conditions Page 10 of 12 SC- 14.02.(: PAYMENT BECOMES DUE Delete Paragraph 14.02,0.1 of the General Condition-, in its entirety and insert the following in its place: I The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Payinent will become due when Owner approves the application for payment and when due, will be paid by Owner to Contractor. SC- 14.02.D.I.c Amend the sentence of Paragraph 14.02.D.Lc to read: Z_ ...entitling Owner to a set-off against the annount recommended, including liquidated darn ages-,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 Conti-actor, 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 hull 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 use of any facilities not specifically identified in the Contract Documents will be in Section 008111-6"'Edition Supplementary Conditions to the General Conditions Page I 1 of 12 accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Conti-actor 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 Conti-actor 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 tbe'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. END OF SECTION 00810 Section 00810—6"'Edition Supplementary Conditions to the General Conditions Page 12 of 12 � MONTANAPREVAILING WAGE RATES FOR HEAVY CONSTRUCTION 2011 ^�� January 27, �� -_'--__ _ -� ~~. � ~~°~ ° ° 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 atwnmw.nmtwagehwurbopa.conmor contact them at: Employment Relations Division Montana Department of Labor and Industry P, D, Box 201503 Helena, VNT58GZU-15Q3 Phone 406-444-5600 TDO4OG~444-5549 The Labor Standards Bureau welcomes questions, comments and suggestions from the public. |n 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 cf wages for the occupations listed iothis publication. The wages specified herein control the prevailing rate of wages for the purposes of 18-2-401, et seq,, Montana Code Annotated. |tim required that each employer (as e 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 Bumeaush(4U8)444-SGO0orTDID (4OG)444-5S4B� ' In addition, this publication provides general information concerning compliance with Montana's Prevailing Wage Law and i 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 (4U6) 444-G6O8orTDD (4B8)444-5S4A. | KEITH KELLY Commissioner Department of Labor and Industry � State ofMontana � � � / / ' TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication ............... ........ ......... 6, Definition of Heavy Construction ......... ........ ........... ....... ........ ............ ............ ...... C. Definition of Public Works Contracts ............... ............. D Prevailing Wage Schedule ............ ....................__... ........................ ............ ........ .................. E Rates to Use for Projects ........................... .............. .................... ............ ............. i. F Wage Rate Adjustments for Multiyear Contracts ...... ..............I-1.......I.......... ..........__ ii GFringe Benefits ...___..................... .......... ...................___................... ................... ii HApprentices ......... ..._......... ...... ....................... ......... ............ ............ 1. Posting Notice of Prevailing Wages ............................... .............__....... ............ .......... J. Employment Preference .... ......_....... ...... ...... ...... .......... .......... ........... WageRates ... .......... ............ .................... .............. ........... ...... 1-7 A. Date of Publication January 27,2011 B. Definition of Heavy Construction The Administrative Rules of Montana(ARM)24.1'7.501(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.MT10000 I 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 MT10000 I Modification No. 8. C.Definition of Public Works Contracts Montana Code Annotated,section 18-2-401(11)(a), defines "public works contract" as "a contractfor construction services let by the state, county, municipality, school district, or political subdivision or,for nonconstruction services let by the slate, 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. Page i HEAVY CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27,201 1 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 aprovision to adjust, as provided in subsection (. ), 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) Tofu fill the obligation—a contractor or subcontractor may,- (a)pay the amount offringe benefits and the basic hourly rate of 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 thirdperson pursuant to afringe benefit fund plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor,- or (c) make payments using any combination of methods set forth in subsections (1)(a) and(1)(h)so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed (2) The fringe benefitfund,plan, or program described in subsection (1)(b)mustprovide benefits to workers or employees ib?-health care,pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U S department of labor. Fringe benefits are paid for all hours worked(straight time and overtime hours). However,fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. H.Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, section 18-2-416(2),Montana Code Annotated states, ....The full amount of'any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract." Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate prevailing wage rate when working on a public works contract. 1.Posting Notice of Prevailing Wages Section 18-2-406,Montana Code Annotated,provides that contractors,subcontractors,and employers who are "performing work or providing construction services under public works contracts, as provided in this part, shall post in aprominent and accessible site on the prQject or staging area, not later than the first day of work and continuing for-the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees, J. Employment Preference Sections 18-2-403 and 18-2-409,Montana Code Annotated require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. Page ii HEAVY CONSTRUCTION SERVICES 2011 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 27,201 � ZONE DEFINITIONS CARPENTERS, CEMENT MAS[}NO°. 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, K8|QS(]ULA � Zone 1� O $o3Dmiles - Base Pay Zone 2: 3Qto6O miles- Base Pay+$2.9G Zone 3: Over BO miles - Base Pay+$4.7O *CEMENT MASONS ZONES: The above cities plus DILLON, GLASGOW, GLENDIVE, SIDNEY CARP0028-002 05101/2009 Rates Fringes Carpenters: (Zone 1) CarpemVsr& P||ebuok $2525 $8.90 Millwright $2725 $8.90 . CARP0028-004 06/01/2006 Rates Fringes Diver Tender $27.27 $7.80 Diver $50,54 $7�80 � DEPTH PAY (Surface Diving) / 8SQto1OOfeet $2.00 per foot 101 to 150 feet $3.O0 per foot 1S1ho22Dfeet $4DU per foot ! 221ft&deeper $5.08 ! ! ELGC0044-08186101/2018 Rates Fringes | Line Construction (1) Lineman $3773 475% + $10.61 (2) Equipment Operator $25.18 475% + $10.95 � (J) Experienced Gnuundman $20.27 4J596 + $1033 | | | ��----------'-- -------- Page --------- ----��—�-------- HEAVY CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27,2011 ELECO233-00188101/2009 BLAINE, BROADWATER, CASCADE, CHOUTEAU, FERGUS, GLACIER, HILL, JUDITH BASIN, LEWIS&CLARK. LIBERTY, MEAQHER, PETROLEUM, PHILLIPS, PONOERA. TETON. TUULE.VALLEY,AND VVHEATLAND COUNTIES Rates Fringes ELECTRICIAN $27�96 4.75Y6 + $9�36 � __--_—_--_____-_________--__'___'_-__- ELECO233-002 08/01/2009 BEAVERHEAD DEER LODGE, GRANITE, JEFFERSON, D8�O�GUN �OVVELL AND � . . . , . . � SILVER BOW COUNTIES Rates Fringes � ELECTRICIAN $26.10 4.75Y& + $1O.8O --------------------------------------------------------------- ELECO532'0010610112010 {�ALL4T|� PARK AND SWEET GRASS COUNTIES ! ' ' Rates Fringes ELECTRICIAN $2881 �1027 � � � ELECO532-003 06/ 112010 BIG HORN, CARBON, CARTER, CUGTER' DANIELS, D/4WSON, FALLON, BARF|EO], GOLDEN VALLEY, MCC00E, . K8U8GELSHELL POWDER RIVER, PRAIRIE, FUCHLANO, RODSEVELT, ROSEBUD, GHE0DAN. GT|LLVVATER. � TREASURE,WIBAUX AND YELLOWSTONE COUNTIES ' Rates Fringes ELECTRICIAN $20.38 175% + $0.38 � ELEG0768-00106101/2009 FLATHEAD, LAKE, L[NCOLN, MINERAL, K8|8SOUU\ R/A/ALL|,AND GANDERS COUNTIES | / Rates Fringes ELECTRICIAN $27O2 �1Q27 ! � � � � ---��----'--------- Page .-..... --- --- HEAVY CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27,2011 ENG10¥00-0810601/2009 ZONE DEFINITIONS FOR POWER EQUPKOENTOPERATORS: 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, K4L|SPELLK8|S8OUL4 Zone 1: Dbo3Omiles Base Pay | Zone 2: 3Oto0B miles- Base Pay+ $3.5O Zone 3: Over GU miles - Base Pay+$5.SO Rates FhnQao Power Equipment Operator (Zone 1) Group $23.47 $9,50 � Group $23.94 $9,50 Group $24�34 *9.50 Group $26.00 $9�50 Group $25.50 $9.50 � Group $28.60 $9.50 Group $27.10 $9.50 POWER EQUIPMENT OPERATORS CLASSIFICATIONS � GROUP 1. Air Compressor;Auto Fine Grader Belt Finishing Machine; Boring Machine, nmaQ� Cement Silo; Crane,A- Frame Truck Crane-, Crusher Conveyor, DW-1 0, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form 8nader� Front-End Loader under I cu yd; Heavy Duty Drills; Herman Nelson Heater; Mulching Machine: Oi|er, all except Cranes Q Shovels; ! Pumpmam. GROUP 2: Air Doctor; Baukhoe/ExoavotoM8hovel to and including 3 cu yd; Bit Grinder; Bituminous Paving Travel Plant� � Boring Machine, large; Broom, Self-Propelled; Concrete Travel Bmtcher; Concrete Float& Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, RubbepTired. Push Q Side Boom; Elevating BnadedGrada|h, Field Equipment Serviceman; Front-End Loader om yd to including 5coyd; 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: Pugm|U; Pumperete/GroutMachine; ' Punch Truck; Roller, other than Asphalt; Roller, Gheepsfmnt, Self-Propelled; Roller,25 tone and over Ross Carrier; Rmbnml}| under 8 ft; Trenching Machine;Washing/Screening Plant. | GROUP 3: Asphalt Paving Kgmohimo-,Asphalt Screed; Backhoe/Excawah»r/Shove| over cu yd� Cableway High|[ne; 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 y& MechanicANelder; Pioneer Dozer; Asphalt single,twin, nr�uNingBe�8y�ump'Yo-YoCat � . . . . . , GROUP 4: Asphalt/Hot Plant Operator; Cranes,2O tons hu44 tons; Crusher Opemebm� Finish Motor Patrol; Finish Scraper. / GROUP 5: Cranes,4G tons bo including 74tons; | GROUP 6. Cranes, 75 tons to including 14gtunu� Crane, VVhidey (ml|). � 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(eU). | ��- ----------'-- Page - ----------------- �� -- ! HEAVY CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27,2011 URON0014-00207/ 112009 FLATHEAD, GLACIER, LAKE, LINCOLN, MINERAL, MISSOULA,AND SANDERS COUNTlES Rates Fringes IRONWORKER $2534 $16.58 ------------------'-----------'------- |Rt]N8732-00906/0112010 REMAINING COUNTIES ' ' Rates Fringes IRONWORKER *25.57 $1721 � LABO1686-0010610112008 Rates Fringes LABORER (Zone 1) � Group $17A4 $6.72 Group $20A0 $8.72 Group $20.24 $872 ` Group $21D0 $8.72 | LABORERS CLASSIFICATIONS GROUP 1: F|ugperoon � GROUP2: All General Labor Work; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; CementMason Tondo� Cement Handler(dD); 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 Hmoeman�Tool Checker and Houseman; Traffic Control Worker. GROUP 3: Concrete Vibrator; Dumpman (Gnademan); Equipment Handler; GeobaudIe and Liners� High-Pressure Nozz|emon- Jackhammer(Pavement Breaker); Laser Equipment; Non-Riding Rollers; Pipe|ayer� Postholo Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster;Sod CuttepPower. GROUP 4: Asphalt Rohe� Cutting Torch; Grade Setter; Hk]h'Soa|er; Power Saws (Faller& Comoneba ; Powdarman � ($1.0Q per hour above Group 4rate); Rock& Core Drill; Track or Truck mounted Wagon Dhl|�Welder including Air Arc. | � ---------- -------------- '--------- Puo� � ---------------�� ----------�------ � ]�EA\rYCOy457RUCTI0NSERVICES 20I1 ~ EFFECTIVE JANUARY 27,2011 PANN0260- 0107/ 113002 BLAINE, BROADWATER, CASCADE, CHOUTEAU, DANIELS, FERGUS, GARFIELD, GLACIER, GRANITE (South of a line running East&Westthrough 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, TO[>LE. VALLEY, AND VVHE/Q-LANDCOUNTIES Rates Fringes � PAINTER $13.85 1Y& + $345 ______________________________________ PA|N0280'0020701X1002 FLATHEAD, GRANITE (North of a line running East&West through the Southern city limits of PHILLIPSBURG), LAKE, LINCOLN, MINERAL, M|GS<]ULA. P[)VVELL(North ufa line running East&West through the Southern city limits of � NELK8BV|LLE). RAVALL|^AND SANDERS COUNTIES Rates Fringes PAINTER $16,85 156 +$3.45 ------- -------------- --------------------------------------- _ 9/\|N1922-0010801/2009 BEAVERHEAD, BIG HORN, CARBON, CARTER, CUSTER, DAWSON, DEER LODGE, FALLON, GALLATIN, GOLDEN | VALLEY,JEFFERSON, MADISON, MUSSELGHELL, PARK, POWDER RIVER, PRAIRIE, ROSEBUD, SILVER BOW, ST|LLWATER. SWEET GRASS,TREASURE,VNBAUX,AND YELLOWSTONE COUNTIES PAINTER (]ndustda|, includes industrial p|antm, tankn, pipes, bridges) Rates Fringes � $21.00 KBO ____________________________________ PLA80118-00105/01/2008 8T/A-EVVDE (except DEER LODGE, JEFFERSON, POVVELL` and SILVER BOW COUNTIES) | Rates Fringes CEMENT MASONS: (Zone 1) � ' Area $18.83 $6.98 Area $2024 $6.86 | AREA 1: QTATEVVDE (except DEER LODGE, JEFFERSON, POVVELL. and SILVER BOW COUNTIES) � AREA 2: DEER LODGE,JEFFERSON, PDVVELL.AND SILVER BOW COUNTIES ------- Page �------------��---- ------�------ ' 88A\B, CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27,2011 � � PLUM008-0038910 /2809 BIGHORN, BLAINE, CARBON, CARTER, CASCADE, CHOUTEAU, CUSTER, DANIELS, DAWSON, FALLON, FERGUS, GARFIELD, GOLDEN VALLEY, HILL, JUDITH BASIN, LIBERTY, MCCONE, MEAGHER, MUSSELSHELL, PETROLEUM, PHILLIPS, POWDERA. POWDER RIVER, PRAIRIE. R|CHLAND. ROOSEVELT, ROSEBUD, OHER1DAN, GT|LLV%ATER. TETON, TOOLE, TREASURE,VALLEY, WHEATLAND,WIBAUX AND YELLOWSTONE COUNTIES Rates Fringes PLUMBER Commercial $28.25 $13,40 Industrial—Power Generating Plants $30.80 s13.40 ______________________________________ � PLUK00041-0010701/2010 BEAVERHEAD, BROADWATER, DEER LODGE, GALLATIN, GRANITE, JEFFERSON, LEWIS AND CLARK, MADISON, � PARK, POVVELL, SILVER BOW, AND SWEET GRASS COUNTIES Rates Fringes � PLUMBER $28,25 $13.05 . PLUKA0459'80106101/2010 FLATHEAD, GLACIER, LAKE, LINCOLN, MINERAL, &A|SSOULA, R/VALU. AND SANDERS ' Rates Fringes PLUMBER $27.51 $12.08 � -------------_------------------------------'--'------------ TEAK00002-001861 112008 ` ' Rates FhnQaa TRUCK DRIVERS: (Zone 1) Group $ 14.14 $5.92 � , Group $ 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, DW21, or Euclid Tractor-, Dumpxtena; � Flat Trucks; Servicemen; Lowboys, Four-Wheel Trailers; Float Semi-Trailer; Lumber Carriers, Lift Trucks & Fork Lifts- Pick-up Qhverhau|ingmotariel; Powder Truck(Bulk Unloader type); Power Boom; Service Truck Drivers, Fuel Truc� | Drivers,Tinomom All Water Tank Drivers; Petroleum Products Drivers; Trucks with Power Equipment such as Winch,A- Frame Truck, �rumo Hydra|i� Gout-Crete and 8eed�mg � Fe�i|izinQTrock� Truck 1 , . ` . , . Mechanic. � ------------------------------------------------------- WELDERS' Receive rate prescribed for craft performing operation to which weidingiaincidental, END Op GENERAL DECISION -----� ��-- --------------------'------- ----- 9age7 --- ---- - ----------- — � — -- ----------- / HEAVY CONSTRUCTION SERVICES Z8ll EFFECTIVE JANUARY 27,2011 Notice to Proceed. Date: Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address: 'send Certified Mail, Return Receipt Requested] You are notified that the Contract Times under the above Contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is a• Before you may start any Work at the Site, Paragraph 2.01.13 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) 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 tither requirements]. Owner Given by: Authorized Signature Title Date Copy to Engineer EJCDC C•554 Notice to Proceed Prepared by the Engineers Joint Contract Documents Comraittee and endorsed by the Construction specifications Institute. Page 1 of I M ONTHLY PAY ESTIMATE SUMMARY Date 2013 Water Renovations City of Bozeman, Montana Estimate No,—- to 2013 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 MOO Percent Time Elapsed: #VALUEI Work Done Based on Installed Cost: #DIV/O! 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 2013 WATER RENOVATIONS CONTRACTOR ENGINEER City of Bozeman P 0-Box 1230 Bozeman,MT 59771 PAY ESTIMATE NO to 20111 OUANTL'TY COMPLETED AMOUNT EARNED PLAN THIS PREVIOUS TO BID THIS PREVIOUS TO ITEM DESCRIPTION UNIT QUANTITY ESTIMATE ESTIMATE DATE PRICE ESTIMATE ESTIMATE DATE Base Bld:South Black Avenue 101 Taxes,Bonds,Insurance LS 1 0 0 0 $000 $000 $000 $000 102 Mcbilizatilon LS 1 0 0 0 $0.0c '$000 $0.00 $000 103 Connection to Existing Main EA 19 0 0 0 .$0..00 $0.00 $000 $000 104 4"MJ Gat Valve wN B EA 4 0 0 0 $0.00 $0 00 $0.00 $0.00 105 6"MJ Gat Valve wlV B EA 3 0 0 0 $0.00 $0.00 $0 c0 $000 106 8"NIJ Gat.Valve wN B. EA 30 0 0 0 $0.00 $0010 $000 $0,00 107 10"MJ Gat Valve wfV.B, EA 2 0 0 0 $000 $0.00 $0.00 $0.00 108 12"MJ Gat Valve wN B EA 2 0 0 0 $0.00 $0.00 $0,00 $000 109 8"x 4"MJ Increaser EA 1 0 0 0 $0.00 $000 $0.00 $0.00 110 8"x 5"MJ Increaser EA 2 0 0 0 $0.00 $0.00 S0 00 $0.00 111 8"x 4"MJ Tee EA 4 0 0 0 $0.00 $0.00 $000 $0..00 112 8"x 5"MJ Tee EA 8 0 0 0 $0.00 $0 00 $000 $0.00 113 8"x 6"MJ Tee EA 3 0 0 0 $0.00 $0.00 $000 $0.00 114 8"MJ'Cross EA 3 0 0 0 S000 $000 $0.00 $000 115 10,x 8"MJ Cross EA 1 0 0 0 $000 $0,00 $000 $000 116 12"x 8"MJ'Cross EA 1 0 0 0 $0,00 $0.00 $000 $000 117 8"11 114 deg Bend EA 21 0 0 0 $000 $0.00 $000 $000 1'18 8"22 112 deg Bend EA 6 0 0 0 $0.00 $0.00 $0.00 $000 119 8"45 deg Bend EA 4 0 0 0 $000 $0.00 $0.00 $0.00 120 8"CL 51 DIP LF 5,215 0 0 0 $000 $0,00 $0.00 $0.00 1.21 10"CL 51 DIP LF 60 0 0 0 $000 $0,00 $0.00 $000 122 12"CL 51 DIP LF 60 0 0 0 $000 $000 $0.00 $0.00 123 Service Reconnection w1in trench iimits, EA 59 0 0 0 $0.00 $000 $0.00 $0.00 2"diameter and smaller 124 Service Reconnection outside of trench LF 280 0 0 0 $000 $0,00 $0.00 $0,00 limits 2"diameter and smaller 125 Service Reconnection whn trench LF 5 0 0 0 $000 $0,00 $0.00 $0.00 limits 4"diameter and Barger 126 Service Reconnection outside of trench LF 70 0 0 0 $000 $0,00 $0.00 $000 limits 4"diameter and larger 127 Instil expansion lank and backflow prevenker EA 2 0 0 0 $000 $0.00 $000 $0.00 128 Fire Hydrant 5'bury FA 1 0 0 0 '$000 $0.00 $0.00 $0.00 129 Fire Hydrant 5 1d2'bury EA 1 0 0 0 $0.00 $0.00 $000 $0.00 130 Fire Hydrant 6 1P2.'bury EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 131 Fire Hydrant 7 1/2'bury EA 1 0 0 0 $0.00 $000 $0.00 $000 132 Fire Hydrant 6'bury EA 1 0 0 0 $0.00 $000 30 00 $000 133 Remove Existing Hydrant EA 3 0 0 0 $000 s0.00 $0.00 $6.00 134 Insulation LF 2,637 0 0 0 $0.00 s0 00 $0.00 $0 00 135 Traffic Control LS 1 a 0 0 $0.00 $0.00 $000 $000 136 Temporary Water System LS 1 0 0 0 $000 $000 $0.00 $000 137 Asphalt Surface Restoration. LF 5A29 0 0 0 $0.00 $000 $000 $000 135 Jack and Bore LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 139 Type 2 Bedding CY 20 0 0 0 $0.00 $0.00 50.00 $0,00 140 Curb Box14'alve Box Removal EA 10 0 0 0 $000 $0.00 $0.00 $0.00 141 Locate and Repair Sewer Service EA 10 0 0 0 $0.00 $000 $000 $000 142 Signal Loop Installation EA 2 0 0 0 $0.00 S000 $0 00 $0.00 143 Quality Assurance Testing LS 1 0 0 0 $0.00 $000 $000 $0.00 144 Miscellaneous Work EA 20,000 0 0 0 $1.00 $0,00 $O,DO $0.00 SUBTOTAL BID ITEM WORK INSTALLED $000 $000 $0.00 Materials in Storage $000 $0.00 $000 Materials out of Storage $0,010 $000 $0 00 SUBTOTAL $000 $000 $0 00 Total Amount Due $0.00 $0 OQ $0 00 Loss Retainage 5% $000 Subtotal $D.00 $0.00 Su $0.00 $0.00 $000 Less 1%Cross Reciepts Tax $0.00 $0.00 $0 00 Subtotal $0 00 $000 $000 Less Previous Payments $0.00 $000 Total Due This Payment $000 $000 CITY OF BOZEMAN'ACCOUNTS PAYABLE P.O. Box 1230. Bozeman, MT 59771-1230 (406) 582-2334 WARRANT# PAY TO: DATE PAID: WARRANT TOTAL$ 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: I, the undersigned, do solemnly swear„ that I am of OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant, and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: Phone SS#or Tax ID# Business License# THE CITY OF BOZEMAN MUST HAVE YOUR SS# OR TAX 'ID#AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. Certificate of Substantial Completion Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: This [tentative] [definitive] Certificate of Substantial Completion applies to: R.A11 Work under the Contract Documents: ❑The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date.of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat,utilities,insurance and warranties shall be as provided in the Contract Documents except as amended as follows: 0 Amended Responsibilities 0'Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: EJCDC C•62:5 certificate of Substantial Completion Prepared by the Engineers Joint.Contract]Documents Committee and endorsed by the Construction Specifications Institute. Page I of 2 The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute, Page 2 of 2 Field Order No. Date of Issuance: Effective Date.- Project: Owner: Owner's Conti-act No.: Contract: Date of Contract: Contractor: Engineer's Project No.: Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.04.A, for minor changes in the Work without changes in Contract Price or Contract Times. If you consider that a change in Contract Price or Contract Times is required,please notify the Engineer immediately and before proceeding with this Work. Reference: (Specification Section(s)) (Drawing(s)/Detail(s)) Description: Attachments: Engineer: Receipt Acknowledged by Contractor: Date: Copy to Owner EJCDC C-942 Field Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction specifications institute, Page 1 of 1 Work Change Directive No. Date of Issuance: Effective Date. Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: Contractor is directed to proceed promptly with the following change(s): Item No. Description Attachments (list documents supporting change): Purpose for Work Change Directive: Authorization for Work described herein to proceed on the basis of Cost of the Work due to: M Nonagreement on pricing of proposed change. Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. Estimated change in Contract Price and Contract Times. Contract Price $ (increase/decrease) Contract Time (increase/decrease) days Recommended for Approval by Engineer: Date Authorized for Owner by: Date Received for Contractor by: Date Received by Funding Agency(if applicable): Date: EJCDC C-944 Work Change Directive Prepared by the Engineers Joint Contract Documents Conunittee and endorsed by the Construction Specifications Institute. Page I of I CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: ___.._.. Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: C1 ANGE 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: da s 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 quantitiesand 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 CABackup12013 Water Renovatfons\Specs1COB Change order Forrn.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 Agreemat, 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 setto Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the fon-nalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should txent 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 CABackup12013 Water Renovations\Specs\COB Change Order Form.doc ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: City of Bozeman 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 Timt�11 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 calendardays 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: .................. Order to Contractor to Suspend Work- Page I of 1 C:1Backup12013 Water Renovations�Specs17 suspend—wrk.doc 1216/12 ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: The Suspend Work Order, dated directed you to suspend work nn 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 onthis project effective � Under the terms of your contract for,this project, charged during the period work was suspended, Aithec|nmemfvvnrkonthedahespeuifiedimthe |amtSuspend\8orkOrder. ofthe____oa|ender days Contract Time had been used, co|nndmr days were charged during the period work was suspended, therefore, on the date this resume work order|s effective, —calendar days uf Contract Time remain. The (revised)contract completion date |s 20____ Please sign all five copies ln 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: / / � � � Order to Contractor to Resume Work — Page 1 of 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 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 Sixth Edition(MPWSS), 6"Edition,and as further modified by the City of Bozeman Modifications to MPWSS,6th Edition, including Addendurns,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 project work is generally described as follows: Replacement of existing mains,valves, fittings and appurtenances in Mendenhall Street from North 7`"Avenue to North Broadway Avenue, 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 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, SPECIAL PROVISIONS 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 and $1,000 per hour, for each hour that the terms of Special Provisions 33 and 41 are not met. 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 2 SPECIAL PROVISIONS stop all work on the project. 10. WARRANTY If, within two years after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor-fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. 11. SCHEDULING Prior to or at the 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 am. 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 Contractor shall resubmit copies of any drawings which required revision or correction, 3 SPECIAL PROVISIONS 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 locate 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 Control Devices. In regards to closures, the plan shall include specific 4 SPECIAL PROVISIONS 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 intersection. Signals shall not be disrupted without prior approval by City of Bozeman Street 5 SPECIAL PROVISIONS 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 The Contractor is responsible for proper disposal of all waste soils and materials unless otherwise 6 SPECIAL PROVISIONS 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 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. 7 SPECIAL PROVISIONS 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 and shall be delivered to a site of the Owner's choosing within the property limits of said owner. Should the owner choose not to accept any salvageable items, then the Contractor shall dispose of those items at his expense at a site or landfill acceptable to the Engineer. Any costs for the above 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. Replaced services shall be of same size as existing service, unless otherwise directed by the ENGINEER. All active services encountered that are not copper, cast iron, or ductile iron pipe shall be replaced up to the meter. Installation of a backflow preventer and expansion tank is required with any reconnection to the meter where they do not already exist. All work shall be completed by a licensed plumber and be in accordance with all city standards and the Uniform Plumbing 8 SPECIAL PROVISIONS Code. See the Water Inspection Requirements document at htT://www.bozeman.iiet/Depaitments-(I)/Public-Service/Water-Sewe.r/Contractors-Coriier,aM for additional information. 25. WATER SERVICE SHUTDOWNS The CONTRACTOR shall notify water service customers of any water main or water service shutdowns in writing between 24 and 48 hours prior to the disruption, and shall have all necessary materials, tools, equipment and labor on the site prior to removing the existing lines from service, 26. ABANDONING EXISTING PIPE AND APPURTENANCES Existing water, sanitary sewer, and storm drain pipes 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 Plowable 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. Unless a specific bid item is provided, the cost of abandoning existing pipes and other appurtenances shall be considered incidental to construction and the cost for this work shall be absorbed in related items of work. 27. LANDSCAPING RESTORATION CONTRACTOR shall be responsible for the restoration of any and all landscape features disturbed during construction. All landscaping disturbed by construction activities must be restored to a condition equal to or better than the conditions existing prior to construction as judged by the 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 029 10—S eedipg Add the following: 2.1 Seed Use the following seed mixture to seed all disturbed landscaped areas at a rate of 30 9 SPECIAL PROVISIONS lbs/acre: Tall Water-save Fescue 60% Kentucky Bluegrass 25% Perennial Ryegrass 15% 28. WATER PIPE MATERIALS AND SPECIALS A. Water main piping materials shall be ductile iron pipe as referenced in Section 02660, MPWSS, and City of Bozeman Modifications to MPWSS, B. All service line reconnections or extensions shall be installed under existing mains. C. Service reconnections shall be reconnected by the method shown on City of Bozeman Standard Drawings 02660-6 and 02660-12.Note that all corporation stops shall be ball 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 10 SPECIAL PROVISIONS 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 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 V 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, 11 SPECIAL PROVISIONS 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 systems shall be sized as necessary to meet the demands of the building sprinkler system. Following the ENGINEER's and OV,7NER'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. Failure to complete the work within the 8 hour period will result in the assessment of Liquidated Damages, See Article 2.3, Special Event Liquidated Damages. 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 12 SPECIAL PROVISIONS 1.01 The CONTRACTOR shall be solely responsible for all activities of locating and exposing curb stop valves to the individual properties. The OV*TNER 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 lip 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 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 13 SPECIAL PROVISIONS 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 mior 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 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. 14 SPECIAL PROVISIONS 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 CONTROLTESTING A. With the exception of items requiring special inspection,the Contractor shall be responsible for all material testing including,but not necessarily limited to: 1. Dates of acceptable tests for water mains, which shall include hydrostatic and leakage testing and bacteriological testing.These tests shall be conducted by the Contractor in the presence of the City. The written test results shall be provided to the City prior to acceptance of the water main, 2. Elevations shall also be recorded and provided for the top of water main at 50' intervals. The Contractor shall cooperate with the City to document these elevations, including providing the equipment necessary to shoot the elevations. The City will have a representative on-site to record the data as the pipe is being installed. The Contractor shall provide safe access to 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. 15 SPECIAL PROVISIONS 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. 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. Flo able Fill. Flowable fill is a mixture of portland cement, fly ash, fine aggregate, air entraining admixture and water. Plowable 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 11 75.6-102.6 lb/yd' 75.6-151.2 lb/yd' (45-60 k g/M3) (45-90 kg/m') 3 Fly Ash None 151.2-596,7 lb/yd (90-355 kg/m 3) Water Mix designs must produce a Mix designs must prod-ucea 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 &yd' 2,700-3,375 lb/yd' (1,440-1,76�0 kg/m) (1,600-2,000 kg/m') 16 SPECIAL PROVISIONS 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 manufacturer's 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 I cubic yard (I 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"min-us size with a cold planer,rotomill,or similar equipment and mixed at no more than a 50/50 ratio with other backfill material. Asphalt 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 in the standard drawing section of this specification book. 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 17 SPECIAL PROVISIONS 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. 41. DELAYS The Contractor shall schedule the Work to be completed within the Contract Time(s) stipulated in the Agreement, including an allowance for time lost due to abnormally cold weather, abnormal precipitation,or other natural phenomena. Time extensions will not be granted for rain,wind,flood, or other natural phenomena of normal intensity for the locality where Work is performed. Such events will not constitute justification for an extension of time unless agreed upon by both the Engineer and Contractor, and the total time lost to such events exceeds 5% of the Contract Time. For purposes of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for a minimum continuous period of at least one-fourth of the Contract Time involved with the average of the preceding 5 —year climatic range during the same time interval based on U.S, Weather Bureau statistics for the locality where the Work is performed. 41. CURB REMOVAL AND REPLACEMENT Wherever a hydrant lead pipe, service line, or other water line crosses curb and gutter,the curb and gutter shall be removed and replaced as part of the installation. Tunneling underneath the curb will not be permitted. 42. POLYETHYLENE ENCASEMENT Unless otherwise directed by the ENGINEER,polyethylene encasement will not be required on this project except between fittings and concrete thrust blocks where shown on the plans. 43. TRAFFIC SIGNAL DETECTOR LOOPS The traffic signal loops at the intersection of Mendenhall and Rouse will likely be damaged during installation of the new water line. Any loops damaged shall be replaced by the Contractor. Loops shall be constructed from polypropylene conduit with 3/8" I.D. (9.5 mm) and 5/8" O.D (16 mm). Conduit shall be filled with hot rubberized asphalt which allows the loop to remain flexible once cooled, prevent incursion of moisture and set the turns of wire firmly in place. Loops shall have 5" (13cm) expansion/contraction joints at intervals along the loop to allow for movement of the pavement and to prevent breakage of the wire and/or conduit due to this movement. Each expansion/ contraction joint shall have a 9 inch(23cm) schedule 80 polypropylene cover slide to be placed over the joint. The encapsulated copper loop wire shall be 16 gauge TFFN or THHN stranded single conductor wire with PVC insulation and nylon exterior jacket. (other gauges employed where called for). Loops shall have 4 turns. (additional or less turns where called for) Loop shall have one continuous wire through the loop head and lead-in to prevent loop 18 SPECIAL PROVISIONS malfunctions due to splicing. Lead-in wire shall be encased in a non-conductive 2250 psi (15,000 Kpa) flex hose constructed with a seamless extruded polyester fiber braid reinforcement and a non-conducive, seamless extruded urethane non-perforated jacket. Fill lead-in hose completely with hot rubberized asphalt. Twist wires in all lead-ins a minimum of three turns per foot (30cm) for the entire length of the lead-in. Attach lead-ins to loop heads with a schedule 80 CPVC tee, Loops shall be Model A, manufactured by Never-Fail Loop Systems, or approved equal. Loops shall be installed prior to any pavement patching. Make loop wire connections in pull boxes or signal standards using soldered, waterproof splices. Excess make-up wire or lead-in or loop wire coils is not permitted. Ensure a minimum of 3 feet (I m) of insulated conductor is coiled neatly in the bottom of the pull box for each loop. Tag loop wire in the pull box, or signal standard if spliced there, with a permanent wire marker indicating the approach, loop number, and "input" or "output". The Montana Department of Transportation.will verify the following loop characteristics prior to accepting the loop. • Resistance to ground. A resistance of less than 100 Megohms indicates a faulty loop. Inductance. An Inductance of less than 100 microhenries indicates a faulty loop. • Resistance. A resistance of more than 5 ohms indicates a faulty loop. Repair faulty loops at Contractor expense. 44. SCHEDULING AND SEQUENCING OF WORK The limits of work for this contract shall be considered to be comprised of three work zones. Zone I shall be from North 7'h Ave. to North 3 d Ave., Zone 2 from North 3 d Ave. to North Rouse Ave, Zone 3 from North Rouse Ave. to North Broadway Ave. Work zone restrictions for Zones I and 3 shall be as specified in MPWSS Section 02221, 3,9. For Zone 2, in addition to the restrictions specified in MPWSS Section 02221, 3.9, the Contractor shall limit his construction activities to a maximum of 2 blocks at any given time. Before commencing work in a third block in this zone,one of the two previous blocks must be paved and open to traffic. The only exception to this is that the Contractor may install the temporary water system in areas outside of the two block limit. In addition to the general work zone restrictions specified above,there are several events during the contract period which the contractor shall adjust his schedule to accommodate. Streets shall be open to traffic as specified for the following Main Street closures/events: - Friday April 26, 2013, 4:00 pin.to 8:00 pm: Bobcat Fest. One lane of Mendenhall shall be open from Rouse to 71h. Bozeman Ave and Rouse Ave shall be fully open from Main to Mendenhall. - Monday May 27, 2013,, 8:00 am to 2:00 pm: Memorial Day Parade. One lane of Mendenhall shall be open from Wallace to 7'h. Church and Wallace shall be fully open from Main to Mendenhall. - Every Thursday, 5:00 pm to 11:00 pm, June 27, 2013 to Aug. 15, 2013: Music on Main. One lane of Mendenhall shall be open from Rouse to 7`h. Rouse shall be fully open from Main to Mendenhall. 19 SPECIAL PROVISIONS Sunday July 28, 2013: PTofitness Basketball Tournament. One lane of Mendenhall shall be open from Rouse Ave. to 7'h. Rouse Ave. shall be fully open from Main to Mendenhall. Wednesday July 31, 2013, 5:00 pm to 9:00 pm: Bite of Bozeman. One lane of Mendenhall shall be open from Rouse to 7h. Rouse shall be fully open from Main to Mendenhall. Saturday August 3, 2013, all day: Sweet Pea Parade/Run. One lane of Mendenhall shall be open from Wallace to 7"'. Church and Wallace shall be fully open from Main to Mendenhall. Sunday August 18, 2013, 9:00 am to 3:00 pm- Car Show. One lane of Mendenhall shall be open from Church to 7'h. Church shall be fully open from Main to Mendenhall. Sunday September 8'h, 2013: Bozeman Marathon. One lane of Mendenhall shall be open from Church Ave to 7`h. Church Ave shall be fully open from Main to Mendenhall. Friday October 4, 2013, 5:00 pm to 9:00 pm: MSU Pep Rally, One lane of Mendenhall shall be open from Rouse to 7t". Rouse Ave and Tracy Ave shall be fully open from Main to Mendenhall. Saturday October 5, 2013, 8:00 am to 2:00 pm: MSU Homecoming Parade. One lane of Mendenhall shall be open from Wallace to 71h. Wallace Ave shall be fully open from Main to Mendenhall. Failure of the Contractor to meet any of the requirements for special events listed above shall result in the assessment of Liquidated Damages, See Article 2.3, Special Event Liquidated Damages. 20 SPECIAL PROVISIONS SECTION 00 100 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. There will be no separate measurement and payment for the Additive Alternates. 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. There will be no separate measurement and payment for the Additive Alternates. 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 10,4105, 106, 107,& 108., (Valves)Measurement and payment shall be as per MPWSS Section 02660 4.6 A. Items 109, 110, 111, 112, 113 1_14 ,115, 116, 117, 118, & 119: (Tees, bends, crosses, reducers, and increasers) Measurement and payment shall be as per MPWSS Section 02660 4.3 A. Items 120, 121, & 122: (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 of the various sizes and classes of ductile iron pipe called for, which includes furnishing and installing pipe, furnishing and placing Type I 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 123: (Service reconnection within trench limits,2"diameter and smaller)Measurement shall be by the numerical count of each service that is reconnected within the limits of the main line trench.Payment 1 MEASUREMENT AND PAYMENT at the contract unit price shall constitute full compensation for furnishing and installing all service clamps, corporation stops, water service pipes, fittings,testing and disinfection, and for tapping of the new main and providing all tools, equipment and incidentals necessary to complete this item. Item 124: (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 125: (Service reconnection outside trench limits,4"diameter and larger) Measurement shall be by the lineal foot of each service that is reconnected, beginning at the connection to the main, up to the connection to the existing service,either outside or inside of the building,including any fire hydrant lead reconnections. Payment at the contract unit price shall constitute full compensation for furnishing and installing all water service pipes, fittings,joint restraints, testing and disinfection, for all excavation, backfill, compaction, removal. and replacement of any curbing or sidewalk removed to complete the item,proper disposal of all waste materials,and providing all tools,equipment and incidentals necessary to complete this item. Any gate valves required to complete the reconnection shall be measured and paid for separately. Item 126: (Service reconnection outside trench limits,4"diameter and larger) Measurement shall be by the lineal foot of each service that is reconnected, beginning at the connection to the main, up to the connection to the existing service,either outside or inside of the building.including any fire hydrant lead reconnections. Payment at the contract unit price shall constitute full compensation for furnishing and installing all water service pipes, fittings,joint restraints, testing and disinfection, for all excavation, backfill, compaction, removal and replacement of any curbing or sidewalk removed to complete the item,proper disposal of all waste materials,and providing all tools,equipment and incidentals necessary to complete this item. Any gate valves required to complete the reconnection shall be measured and paid for separately. Item 127: (Install expansion tank and backflow preventer) Measurement will be by numerical count indicated where services are replaced into the house and there currently is not an expansion tank or backflow preventer. Payment shall include all materials,equipment,appurtenances,and labor to provide and install the expansion tank and backflow preventer. Item 128, 129, 130, 131, & 132: (Fire hydrants) Measurement and payment shall be as per MPWSS Section 02660 4.7 A. Item 133: (Remove Existing Hydrant) Measurement will be by numerical count indicated where hydrants are to be removed but not replaced with a new hydrant in the same location. Payment shall include all materials, equipment, and labor to remove the hydrant to the shoe and salvage to the City, 2 MEASUREMENT AND PAYMENT plug the lead pipe, excavation, backfill, surface restoration to match existing, and appurtenances. Item 134: (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 135: (Traffic control)This item shall be measured and paid for as per MPWSS Section 01570 Part 4, lump sum basis. Item 136: (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 137: (Asphalt surface restoration) Measurement for asphalt surface restoration shall be by the actual number of linear feet of restoration satisfactorily accomplished,measured along the centerline of the water lines, and payment shall be made at the unit price bid for all labor, equipment,materials and incidentals necessary to furnish,install and compact the gravel base,and to furnish,install and compact the asphalt surface restoration as per the plans. Item 138. (Jack and bore) Measurement shall be by the lineal foot of steel casing pipe installed. Payment at the unit price shall constitute full compensation for furnishing and installing all steel pipe, excavation,backfill,boring or jacking,welding,exterior grouting,casing chocks,end seals,equipment and all incidentals necessary to complete this item. The carrier pipe will be paid for separately under item I 11. Item 139: (Type 2 Bedding)This item shall be measured and paid for as per MPWSS Section 022214.4, cubic yard basis. Item 140: (Curb box/valve box removal) Measurement shall be by the numerical count of each curb box or valve box removed that is associated with a service line that is currently abandoned or will not be re- connected.Payment at the contract unit price shall constitute full compensation for removing each curb box or valve box riser a minimum of 24"below finish grade,for backfilling any resulting voids,and for restoration of any landscaped areas or concrete areas disturbed during completion of this work. Item 141: (Locate&Repair Sewer Service) Measurement shall be by the numerical count of each sewer service which is found to be more than 2' either side of the locate marks. Payment at the contract unit price shall constitute full compensation for locating the sewer service and repairing it if it is broken 3 MEASUREMENT AND PAYMENT including furnishing and installing pipe and necessary fittings, furnishing and placing Type I pipe bedding, trench excavation, backfill, and compaction, including furnishing and placing any required flowable fill backfill,dewatering,proper disposal of all waste materials,and all other work necessary or incidental for completion of the item. No separate measurement and payment will be made for locating and/or repairing any sewer services which are found to be within 2 feet either side of the locate marks. Item 142. This item shall be measured by the number of loops installed. Payment at the contract unit price is full compensation for all resources necessary to complete the item of work under the contract and to furnish an operational system. Item 143: (Quality Assurance Testing)This item shall be measured on a lump-sum basis. Payment shall be made at the contract lump-sum price bid for this item, and shall constitute full compensation for hiring an independent certified testing laboratory to perform all required testing, necessary retesting, documentation,report preparation and submittal;and for all materials,tools,equipment and incidentals necessary to complete this item. This item shall also include all necessary coordination and scheduling of testing activities which shall be the sole responsibility of the contractor. Progress payments are in proportion to total construction completed. Item 144: (Miscellaneous Work) The item Miscellaneous Work has been provided in the proposal for any work and/or materials which may be encountered during construction, but which is not addressed elsewhere in the contract. Miscellaneous work will be measured by the respective unit for material and/or work performed as directed in writing by the Engineer. Payment for Miscellaneous Work, measured as provided above, will be at agreed upon prices or on force account basis. The number of units in dollars set down in the contract is an estimated amount only,which may be adjusted up or down by the Engineer in accordance with the needs of the project. 4 MEASUREMENT AND PAYMENT SECTION 02602 DIVISION 2 —SITEWORK PIPE BORING AND JACKING FART GENERAL 1.1 WORK INCLUDED A. This item of work shall consist of furnishing all labor, materials, and equipment necessary to do all work and related items as shown on drawings,herein specified,or incidental to proper execution of the work to complete the boring and jacking at the required locations. 1.2 SUBMITTALS A. Submit for review complete working drawings showing details of the proposed method of construction and the sequence of operations to be performed during construction. Show the method of jacking and boring to be used and dewatering techniques that are proposed to be used. B. Complete information on Contractor's safety plan for personnel conducting the tunneling or jacking operations,shaft installation and appurtenance installation. The plan shall include provisions for lighting,ventilation, electrical safety and confined space entry. C. All Contractor submittals requiring structural design shall be signed by a professional civil or structural engineer registered in the State of Montana . D. Submit carrier pipe casing spacers, end seals, and pipe installation method. E. Submit information as may required for the exterior grouting of the casing pipe to the surrounding ground.Equipment,methods to be employed and check valve to be used. F Submit a mix design for the exterior grout to be placed immediately after completion of the boring and jacking operations. The exterior grout shall be a cementation grout that will achieve 150 psi within 30 days. 13 QUALITY ASSURANCE A. Safety:The Contractor shall be responsible for the complete safety and protection of all individuals and any public or private properties associated with the boring and jacking operations required for this work. It shall be the Contractor's responsibility to see that the work is done in conformance with all applicable federal,state, DNRC, and local safety requirements. B. The Contractor shall give the Engineer a minimum of 4 working days advance notice of the start of an excavation or boring and jacking operation. 02602 - 1 SECTION 02602 DIVISION 2—SITEWORK PIPE BORING AND JACKING C. All work shall be performed in the presence of the Engineer,unless the Engineer has granted prior approval to perform such work in its absence. D. The Contractor shall be solely responsible for the structural integrity and safety associated with his means,methods,design and installation of the boring and jacking work. PART 2 PRODUCTS 2.1 CASING PIPE A. Casing pipe shall be steel as specified herein. Casing pipe diameters shall be properly sized to allow installation of the carrier pipe with minimum inside diameters as listed below: Steel Casing Pipe Carrier Pipe Nominal Diameter 8"DIP 16 inches B. Steel Pipe. Steel casing pipe shall be smooth steel pipe,ASTM A53 Grade B,having a minimum yield strength of 35,000 PSI with a minimum wall thickness of 0.375 inches, Ends shall be beveled for field butt welding, and joints shall be welded around the entire circumference and ground smooth. 2.2 CARRIER PIPE The carrier pipe for the water main pipe for the Bozeman Creek crossing shall be 8 inch ductile iron, as specified on the plans. 23 CASING CHOCKS Casing chocks shall be installed on all carrier pipes. Casing chocks shall be of sufficient depth to prevent the bell end of the pipe from coming in contact with the casing pipe. Chock depth shall exceed the outermost edge of the pipe bell by a minimum of 3/4-inch. Casing chocks shall be composite stainless steel/polyethylene casing chocks as specified herein. Metal components of casing chocks shall be Type 304 (1 8-8)stainless steel. The liner shall be neoprene rubber or PVC, and the runners shall be UHMW polyethylene with a low friction factor. Casing chocks shall be designed for center restraint. Casing chocks shall be Power Seal Model 4810, APS (Advance Products and Systems), or approved equal. 02602 - 2 SECTION 02602 DIVISION 2 — SITEWORK PIPE BORING AND JACKING 2.4 EXTERIOR GROUT. See 1.02T. 2.5 GROUT CONNECTIONS. The Contractor shall provide Grout/Lubrication ports within the pipe wall with no fewer than I hole per 25 feet of pipe located at the inside top edge of the pipe. Grout/lubrication ports to be 1 1/2" to 2" with check valves installed. Grout connections to be plugged prior to installation of the carrier pipe. 2.6 END SEALS End seals shall be rubber/elastomeric body with stainless steel bands. End seals shall be compatible with the casing and carrier pipe. End seals allowed for consideration shall be manufactured by Cascade Water-works,Mfg.,or Power Seal Pipeline Products Corporation, or approved equal. PART 3 EXECUTION 3.1 GENERAL INSTALLATION PROCEDURES A. Jacking pit: The excavations for the boring or jacking operations shall be adequately shored and dewatered to safeguard personnel, existing substructures, and surface improvements and to ensure against ground movement in the vicinity of the jack supports. B. Control of alignment and grade: The Contractor shall control the application of the jacking pressure and excavation of materials as the casing advances to prevent the casing from becoming earthbound or deviating from the required line and grade. The Contractor shall restrict the excavation of the materials to the least clearance necessary to prevent binding in order to avoid loss of ground and consequent settlement or possible damage to overlying structures. Allowable deviations in horizontal and vertical alignments shall be no greater than 0.2 feet per 100 feet in any direction over the length of the jacking or boring. The terminating end of the boring shall be within 0.1 feet of the design as shown. Laser control shall be used for both horizontal and vertical alignment. C. Exteriorgrouting: Immediately after completion of the boring or jacking operations, the Contractor shall inject grout through the grout connections in such a manner as to 02602 - 3 SECTION 02602 DIVISION 2—SITEWORK PIPE BORING AND JACKING completely fill all voids outside the casing pipe resulting from the boring or jacking operations. Grout pressure shall be controlled so as to avoid deformation of the steel casing and avoid movement of the surrounding ground. Equipment used for grouting the exterior of the casing shall be equipped with a pressure gage to indicate the grout pressure. The gage shall be certified by an approved testing laboratory at the onset of the grouting operations, After completion of the grouting operations,the Contractor shall close the grout connections with steel threaded plugs D. Installation I The installation of the casing shall be in accordance with the Contract Documents and subject to the approval of the agency having jurisdiction over the area containing the boring or jacking operations. 2. The Contractor shall remove or penetrate all obstructions encountered. Dewatering shall be performed as necessary to prevent loss of ground, sloughing, subsidence, or liquefaction. 3 Any pipe damaged during the jacking operation shall be repaired by the Contractor in a manner acceptable to the Engineer at no expense to the Owner. 4. Should a deviation in grade of the pipe occur due to the jacking(or boring) operation, no additional payment will be made for the resultant change in depth of upstream or downstream piping. 5, Special care shall be taken during the installation of the jacked or bored pipe to ensure that no settlement or caving be caused around the pipe or to the ground surface above. Any such caving caused by the placement of the pipe shall be the Contractor's responsibility. The Contractor shall repair any structure so affected as directed by the Engineer, at the expense of the Contractor. E. Casing Pipe: Casing pipe shall be so constructed as to prevent leakage from the casing throughout its entire length. Casing pipe shall be installed to prevent the formation of a waterway along its length. Casing shall have an even bearing on the surrounding soil throughout and shall be sloped. F. Stream Crossings: Install the casing as per the depths provided on the plans. G. Install the casing by jacking it through the earth, while excavating by boring or 02602 - 4 SECTION 02602 DIVISION 2—SITEWORIK PIPE BORING AND JACKING mining methods,to the lines and grades shown on the drawings,or as staked by the Engineer. No open excavation will be permitted where jacking or boring is specified and shown on the plans. H. Install casing and carrier pipe by bore and jack methods between bore and jack limits. Casing and carrier pipe outside of bore and jack limits may be installed by open cut methods 1. Provide adequate equipment so as to insure a smooth, continuous and uniform operation leaving no exterior voids along the casing pipe. J. As pipe is j asked forward,excavate and remove soil through the pipe. Do not allow excavation to precede jacking operation. K. After each section of casing pipe has been jacked to the limits,the following section shall be connected to the preceding by a full penetration butt weld around the entire circumference of the joint. The quality around the weld for steel casing pipe shall conform to AWWA Standard 0206, and shall develop fall strength of the pipe wall. L. The Contractor may elect to provide a casing pipe larger than that shown on the plans to facilitate his excavation.However,the thickness of the casing actually used must meet the approval of the Engineer. No additional payment shall be made for any increase in the size of the casing pipe. 3,2 PIPE SKIDS Casing Chocks. Casing chocks shall be installed in accordance with the manufacturer's recommendations. Chock spacing shall be as detailed on the plans. Filling of the annulus is not required if casing chocks are installed. 3.3 END SEALS Install end seals on each end of the casing pipe per manufacturer's recommendations. END OF SECTION 02602 02602 - 5 APPENDIX A STANDARD WINGS r! I °r Oz w M si ai O w L wz ��tt�+� O w� `J c�0$ N r) n o a'�O r X,2 a w cv n J �B'3 w�G - •° � xDz �c CJ C? o 10 z 00 F• m < X w 0 Z) "- Hb U z 0 v c a ca N a .c c.7 c o CL ti �° � � u < Z ua °c ; c w a= Nxx O•C N a O O •• C -,a L L a LLJ Lj N V, a Q U ° L 0 c u c a E N 3 0 ucvi Ea oc w x c v v O o 0 cs � cN � c E c u° a a 0' o rh 2•? s U O ° V `ate Q Uyp�^ 3 3 � E c € m m c P 02 3 a o.0 y7T o c o vc 'u Eag wN� a•°� 3 ar O q a� '� o N au E °' au o•° /y� fig. 0 4) C .�. � � � � �'` W-•1 w o w �m N c C7 d » ,[ N— C 1, r. p .CN .2 n a � Eul u f-1 ID L 17 iP} E d O '.0 4 E, -,:/ Ln {'�"'"z W O G9 O W' 45 I cy c¢ m 1 oz64= � 0» c� `w- pz a ° u(>> om L m Rn _ , c 44 v 0.0 0 =K Qz 6s OJ-0 "d Od ® O.?. ®c,S"Ea�p o ow a•E�ao c o E a y�'NJ N �T' etz9 a4 p 3 N oE,—Qwc<,uo I CmEmu c _ CL Q z•- o� ei -, u^i ui r^ c6 r� cr) 0) Ln .- s` v cy u w P �y a c Do e'm Z QY c� =E n n 3 uo E o c 3 n t a C LL.I.. P f-T Ar.l O 'C Y P 4 P E [ten] iO > x O py,CST" u c E a E o p I 'n E _ y/�+�W LD FA.J K C P a L9 C G E C V•Y 0� liJ r L,O o n E.o o o•�P V) v u o _ a ca o -Lot oC ao� o a cro w 'ku OZ & W U m o o� �. .�u`n. Q��y-y�� F,,,_ O� Po V P C •m� Z 4t'u E Zom W Q Z 0 o.'�a C) _u z ° oE� oa <CV +ou �oD tnu Vo G W..c.«.moo P ou ALY P..min <u [,a d u c«.5 '"' ,g.o Lwa a v o o U l u a.� V).. Qoz Z o 2 w lawi'—V u W o o 6A hX,-'• V x~9 moo`~c N oCa a9c�i`ao aszooc E W w'o oc90 o#u .Z rEaw� uo °inc�Euu < C) U'@W Q tl.66oJ V ca oKP+t^o y/'') Ln Z e N 6 4 All t V LJ.p Z Q a In iQ V CL N n n Q 6 EL8 N a LH r w� cry e0"a Ln 0 r aU� Kr Ira—V_a uj K® ut � ui �a-1O 3to 2 any rn 0CY) LO *- m u �t°} v v I p E Q1 Ml a E 3 # a° ,o LLJ Lj v) s o k-- Lu1 W €ov m .� aM z rov D Q w Z y UU'7 c C o n P u c �/ J LLI 0.-M W O, w+ C^V N O 4 tl" 4 r.. b ie F— C? U E' P, IN v > ( Z LEI _j $cc m 1- cc a F.E LuJ d E Go x�u °c cE c U- 0 _` 1/1 `os EA° 0 a J P i A W gp F E•"' nP+ P g 0.i E b PZ C .•.. {) u 'C 3 a tl � 0 UO. b [ 0t v C p U O4 UP X m U5 � f _y _ �+ P U E Z V 6 • Cpl �1)NC, C�5OIM pI W Q < : rx. n °�oog,00 Apr 1^ Q • W NFL a lt+ V- 0. LL ryrs-a' ro 50 UVa LS v M-0 LE 8 `ca © x 0 LE v it c l <stn ocsc o��aP �' � Mm I , ozu05e`:7 Cam o a!J ° at o� ^ u ado °gym " C) Ll cuu tvs tl' vi ui a^: m N OQ rQ O z cU z r a x W of 0 Q Q En CL C4 M Y i ,.I, Q Lki M Lo Lh I � x® feria` Ce to Li LO r� o C o o I , `. c u u a CY) LC7 ;-- m V) LAJ u c v qpU we°c ? c cE c p,°` < < Z,o £0c r= c n �o2 E'c' 0 6 '. ` Env , d .-�C3L4 .�'° �p oc sus Ear "� °tea J kal Q Z d to rov°N c ° ® "QC). n c LLI s"m 9° '�a I m R.c V) L u c era v"tr E] d r�° "c Sou °rc`r C) -j u �°ow C) �d �U�� I C° c - m � Zg.g O LL- Z @pp 7 m o z- a°.W ow a•#m ' p Ocanw°�vo;u' yj w E V d C7 w i0 E C1�W c U.a°9 v°U1 E!a.V r - . T -J z uz LL Q W° RowN n � O w3.L Uon r, �z 0 wz Q0V U z 0 0- c�i X CCL E- �- AWL U) W 0 T O<US W, ir7 Q in 's7 ^' 2_5 J L Ta c in W ° ° er n IAJ w x• x 4 (f) � C4_ ww N'l c0 a, a? v L'7 tCD GS 0 I a >3 a va c c Q6 roSJ 5 v IY sa— v a 0 ®v) — 0 ° LJ 0 , � ,--.CL ° v o Eo 0 0 ? ( Q E Mu ` ate o v c rri� � s a c o o v aL 0 J C3 _ _ 3 W Lid a v om to WULj v m a r E d ©` Ca Q a — Q. F- W W a O c 0 Q Z Cry Q Of Z m9W<� �' 0 a I O In Uj U-0 t� a Ua cn E (A I-- Q z r. ou? � 0 ° Z LLJ p ac c 1 cn• ,p o, �- .r ) O L" Hy_5O a ; F. W 'b '0 ®«.Z,q cr¢,w- -m 4FJ 77 Q U v) 'w m aci 2a WL• Wa RrJ7 , E cc < 0 � ® z � .° o u ci a o a V; f 1) aanvi rcn 1T'� vZ Q"W [x a c Q.. Ca W, a� au avr t/0-1 ® I] O yr +z ,r N w7 •d r� � p UH : i a W ; W 00 IL .-V) Q0 c 0 — o � � � T ra rn CJs D 0 x� —q „ � , a W o._ z tar c 3t y n as a r— e m o ° N o C o � S fr v a €1 O-a a ar v LL1W w w 0 a o c c _ LFJ ?. E, c.1 CF c Darn v v a av Q J C s �', rU6 a 4 wa a u [, 'Q0 �ui z LAJ N E C) > o c E 0 <t x o � Z a tau to "2 rn C) ° I lsm Z Z o a a o w ®9 V) L d tla ,tea c� a s0 (D Z .C[ ZF_- Ll a, LL a o asa E C Q —� a. a -C c F- — _Q 4 c � '� W- a 00 z 7 <^Z V)-0 5 a to N0Jbg5 `JN1°J`Jdl.� c >, cr 0 tLL'i w W C, c m z ' c "Q rang 1 k Cwo 5cn C� a _ n.,6 m 0 o o Sy ax viin � � to o0 Z � Q � aW ,Q C7v W ac D E Cy.� a > a ° z �� CL N ° 4 n v d rn Q E- 0 x0 W V} R9-11(L) SIDEWALK CLOSED AHEAD CROSS HERE 30"X24" SIDEWALK CLOSE6 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 GL05ED 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 STANDARD DRAWING SIDEWALK CLOSURE FEES 2007 4 w If AL I' R9-9 i 4•®-m►1 ; I SIDEWALK 4' CLOSED TEMPORARY ACCESS RAMP ADEQUATELY M SUPPORTED FENCING I I r FENCING SIDEWALK p --w CLOSED MUST MAINTAIN 4' CLEAR AREA i R8-9 BETWEEN FENCING. WALKWAY MUST BE SMOOTH AND KEPT CLEAR OF j FENCING AS SHOWN MAY USED OBSTRUCTIONS FOR SHORT TERM (LESS THAN APPROPRIATE TRAFFIC 30 DAYS) INSTALLATION. MORE CONTROL PLAN MUST BE PERMANENT STRUCTURES WILL BE USED FOR LANE CLOSURES REQUIRED FOR LONGER TERM. - A COVERWALK MAY BE REQUIRED FOR OVERHEAD OPERATIONS (IF HEIGHT MINUS 10' EXCEEDS DISTANCE FROM WALK WAY TO WORK AREA w CITY OF BOZEMAN SCALE: SIDEWALK CLOSURE NO. 01570-8 STANDARD DRAWING NONE D WITH FEB 2007 YM SLPFAOND' F • +- V- -177777- q' w 9A"µN1. v CDµALTm BASE AND SUMPA(Z GDµCRE7E A4A1St'NC RINGS AS NECF3.".AW {,t` TOT' S. 1.Adjust manholes upward with adjusting rings hander frame. 2.Adjust manhole downward by removing cone and barrel sections as necessary and replacing with sections of length reed to match grade. 3.Slope manhole frame as required to mathch slope of strIoCt. 4.Final manhole adjustment shall be made before paving. 5.All joints between manhole sections,top cone,adjusting rings,and manhole rang shall be watertight, Joint material shall be"Rama Nee or approved equal. b.Manhole rung and cover shal be adjusted to match final crown and grade ofweeL Use Anderson Precast or approved equal concrete angled adjustment rings to obtain required angle, 7.Manhole rung and cover use MCI 305 firame,305A cover,IFFC1772 frame, 772-B cover,or Doctor 1025,or D&L A-1172 with P cover. CITY OF BOZEMAN Scale: MANHOLE AD7J TWffiN'T" NO. STANDARD DRAWING None DETAIL Rev.April 2005 TOP OF NEW PAVEMENT T El' MIN., 1/4, MAX. 6' COMPACTED BAST? do SUBGRADE NOTES., 1, Adjust water valves upward or downward as required. Final adjustment shall be made alter paving and before seal coating. 2. Model No. 69 8550 series, East Jordan iron works adjustable screw—type risers may be used to raise or adjust existing valve boxes only. 3. Valve box adjustment shown is designated as "type II water valve adjustment. Type I water valve adjustment is similar except with 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 CF 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 W{TH SHORING TO CONFORM TO O.S.H.A.. REGULATIONS" 12'(30 cm) MIN. SUBGRADE OR GROUND SURFACE INSTALL DETECTABLE SLOPING, BENCHING OR WARNING TAPE 18'(45cm) SUPPORT SYSTEMS IN THIS BACKSLOPE AS SPECIFIED MAX, DEPTH AREA TO CONFORM TO TO CONFORM TO O.S.H.A. (OPTIONAL) O.S.H.A. REGULATIONS* REGULATIONS* TYPE 'A""B OR "C" ; 6"(15crn) TRENCH BACKFILL i' SELECT TYPE I BEDDING MATERIAL PLACED IN 6'(15cm) LAYERS do TYPE I PIPE BEDDING f c c ?' ,/f/� COMPACTED AS SPECIFIED PLACED IN 6"(15cm) MAX. ct: IN SECTION 02221, LAYERS AND COMPACTED 4"(10cm : THOROUGHLY. TRENCH INIDTH=0.D.OF PIPE PLUS 2(6 m) i \ MIN. TRENCH WIDTH= 3.5'(1®1m) TYPE 2 PIPE BEDDING WHERE REQUIRED FOR {\\f/'/x/'�\ \\f!\'f�*,\!/\\//�/f\\f✓'\\f/\f�\ff\\fj SOFT OR UNSTABLE FOUNDATION NOTE; SEE CONTRACT SPECIAL PROVISIONS FOR ANY MODIFICATIONS TO STANDARD TRENCH MATERIALS AND/OR OTHER TRENCH DESIGN FEATURES SEE O.S.H.A. CONSTRUCTION STANDARDS FOR EXCAVATIONS, REVISED. 10/25/02 CITY OF BILLINGS SCALE; TYPICAL UTILITY TRENCH DETAILS STANDARD DRAINING STANDARD SPECIFICATIONS NONE NO,02221-1 Cu D 60 REASM 12/27/95 MONTANA PUBLIC WORKS SCALL PIPE BEDDING ALTERNATE STANDARD DRAWNG STANDARD SPECIFICATIONS NONE NO� 02221-2 | A Ground Surface r r r yy ✓ y/ r r ✓ 3'(90 c ) ✓✓''.', ryr/' ✓y rr r' yr✓✓yry rr ry r/y ry✓'y P✓y✓ mr r' ✓'✓✓ry y,P yP P''/r,y /✓r' r r y y yr / P r✓ y / y / y yy / /®rr / 7 y y r y / P r y y ✓ .^ yr r✓ y ✓ ,� ry rr y. Std,Trench Backfill ✓ y r r y r ' / r r / y P y ✓ r y Trench Plug Maierlal y'yyr/y rr' r y '/P✓/' ry ✓y '. y ✓r P /r it / P'Pr y ✓y✓✓ r yr y P// r r✓ yr y y / r r ry' ✓ /y / r ✓s y. ✓ /my y / r yr • / r'yr rr,. ry r / / /✓yr / ,. ',P✓P°,✓ /✓ry',P P/r'y' Select Pipe Bedding ✓ ®. r yy ✓ ®r / ✓ /P of Bottom Type 1 Bedding YP A L10'(3 m) Section A-A Sid,Trench Backfll Ground Surface Trench tall r' /yr✓yr r P /'iy✓r/✓ r.✓r✓y r ey//:/r y y m✓ ry✓ r/rr yy d rr r✓y yr y / TMnCh W3I1 Plug Limit PI Limit :::]3'(90 c1n) Plug Limit—/ ctttorn, 3'4913 cm)� Trencb BI JL3'(90 crri) REMSED: 10/21/02 MONTANA PUBLIC WORKS SCALE: TRENCH PLUG STANDARD DRAWNG STANDARD SPECIFICATIONS NONE EXCAVATION DETAIL NO. 02222-1 5.4" (0.45') 24" 9" 2" 0 4„ TOPSOIL 4 3"R (TYP.) i 4"R I .5" 1/4'-'a PER t' SLOPE / ..a 12 f/ a 4 as 4 4 \l q d 4,1 4 4 \� Q 4 V V' fl fl fl fl 0 fl 0'--'fl 0'-J O fl fl 0'-/ U Q (7 fl fl CRUSHED GRAVEL fl 3 Q O C 4 Q O ?Q O 4 J fl 0 fl 0 fl fl fl J( O C fl 0(�( fl ] C) BASE - 3" MIN. Qfl0 0000000000000000()000000C3flC�fl© SUB—BASE COURSE AS REQUIRED COMPACTED SUBGRADE 0.5" 1 5 " „^3/4" PER i" SLOPE r_3 q" PER i' SLOPE PER i� SLOPE DROP CURB FOR DRIVEWAYS DROP CURB FOR PEDESTRIAN RAMPS SPILL CURB NOTES: 1. Subgrade or base course compaction shall conform to section 02230 (M.P.W. Specs., 1996 ed.) 2. Contraction joints shall be placed at 10" intervals and shall have a minimum depth of 3/4" and minimum width of 1/8" 3, 1/2" expansion joint moterial 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 find form inspection by the City Engineer or his representative. 5, Concrete shall be Closs M-4000. & Crushed gravel base sholl meet the requirements of Section 02235 (IsMPWW SPECS, 2003 ed.) For curb and gutter replacement projects„ washed rock may be used for the grovel base. CITY OF BOZE AN SCALE; INTEGRAL CONCRETE NO. 02528-1 STANDARD DRAWING NONE CURB & GUTTER Revised Mar. 2006 2" TO 2 1/2" DIAMETER BRASS CAP WITH ROUNDED TOP, SET FROM REFERENCE POINTS. ENGINEER TO MARK MONUMENT POINT IN CAP AFTER INSTALLATION. STREET PAVEMENT 1/8" TO 1/4" BELOW PAVEMENT 6" TO 9" BUT NO DEEPER THAN 1/2" ABOVE BOTTOM OF 'BOX• t a GRAVEL EASE 2' 1/2,r MIN. d LEAVE GRAVEL EXPOSED ` `• FOR DRAINAGE, 3"--0 MIN. •• d k :.., STANDARD CONCRETE (6 1/2 \X—SACK MIX OR BETTER) POURED IN PLACE OR PRECAST AND SOLIDLY PLACED, NON REINFORCED 6" MIN., °. ROUND OR SQUARE WITH 1/2' CHAMFERED CORNERS OR REINFORCED PRECAST 4" SQUARE WITH 1/2" CHAMFERED CORNERS AND 4 NO, 2 REBARS, MONUMENT BOX INLAND FOUNDRY CO. PATTERN NO. 1034 OR APPROVED EQUAL. CITY OF BOZEM:AN SCALE: TYPE I STREET MONUMENT NO. 02529-3 STANDARD DRAWING NONE Dec, 1999 TYPE OF MAIL BOX AND S11PORTINO POST IS OPTIONAL r --------- ----- i A l � o MAIL BOX M i 6' MIN MAINTAIN 3'(0,9m) MIN. CLEAR SIDEWALK VNDTN TO MAILBOX OR SUPPORT WHEN MOUNTED IN SIDEWALK, E cl to e DEWALK OR BOULEVARD CxiRB STREET SURFACE G REVISED: 12/27/95 MONTANA PUBLIC WORKS SCALE: MAIL BOX MOUNTING STANDARD DRAMNG STANDARD SPECIFICATIONS NONE FOR CURBLINE DELIVERY N0. 02529-10 Bq 3 / ' -' REDUCER MIN. UNDISTURBED EARTH r r. TEE TEE (Plugged) BEND STANDARD DIMENSIONS FOR THRUST BLOCKING nmNG MES do PLUGS 9eBENO 45°BEYD & WYE"'S ICJ sws A B A A B A �- 4" 1. 7. 1.-2,' 1149,Y 1.-6. 1Y`8. 0Y-10° 1'-•7' 0'-61 6" 2'--0* 1°-11 2'--5' 2'-2' 0'-10' 8 2'-6"Y X-2` 3Y-0' 2'r5" 2'-i' 1'-9• 1Y_6' 10" 3'-4' 3'-3' 4'-0' 3'-r0` 3'-0' 2'-9' 2'.-2" r°_11" 12" 4,-0" 3'_10' 4"-8' f`--8' ,3'`8' 3Y 3• 2. 7„E_3' r4' t5' 3'-10' 4'-11' 4'_y' 3'_5` 3-51 -6. METRIC DIMENSIONS FOR THRUST BLOCKING nrnNG TETS & PLUGS 90°BETJD 45°BSVD & WYES 221 & BFJVD S12FS A a Ai B A B A 10cm 0.5m 0.4m 0.5m 0.5m 0.5m 0.3m D.Sm 0.2m 15cm 0,6m 0.6m 0.7m 0.7m 0,6m 0.5m 0,5rn 0.3m 20cm 0.8m 0.8m 1.Om 0.9m 0.7m 0.6m &5rm a5m 25cm 1.0m 1,Om 1.2m 1.2m 019M 0,8m 0.7m 0.6m 30em 1.2m 1,2m 1.4m 1.4m 1.1m 1.0m 0.am 0.7m Swan 1.6m I 1.2m 2.Om 1.5m 1.4m r,Om f.Om 0.7m NOTES- 1. THESE TABLES ARE BASED ON 150 PS1(1030 kpa) MAIN PRESSURE 2.WRAP ALL F7TTINGS mTH POLYETHw ENE. 2000 PSF(9800 kq/m') SOIL BEAR)NG PRESSURE REVISED: 12/27/95 MONTANA PUBLIC WORKS SCALE: THRUST BLOCKING STANDARD DRkWNG STANDARD SPECIFICATIONS NONE FOR WATER MAIN FITTINGS NO. 02660-1 NO VERTICAL. REQUIREMENT '-WATER MAIN SEWER 10'(3mMIN.) PARALLEL ARRANGEMENT L L 1/2 L2 ,EXISTING 1 MIN.Q � I NEW PIPE PIPE `EXISTING PIPE 1 MI 0.5mrr5 /-NEW PIPE CROSSINGS NOTES; 11) SPECIFIC MONTANA DEPART, OF HEALTH AND ENVIROMENTAL SCIENCES APPROVAL IS REQUIRED FOR A DISTANCE LESS THAN 10 FEET(3m) BETWEEN WATER MAIN AND GRAVITY SEWER. NO EXCEPTION TO THE MIN. SEPARATION REQUIREMENT IS PERMITTED WHEN THE SEWAGE CARRYING PIPE IS A FORCE MAIN' AT CROSSINGS, ONE FULL LENGTH OF WATER MAIN PIPE MALL BE LOCATED SO THAT BOTH JOINTS WILL BE AS FAR FROM THE FORCE MAIN AS POSSIBLE. Q LESS THAN 18 INCHES(O.5m) OF SEPARATION IS PERMITTED WHEN THE GRAVITY SEWER AT THE CROSSING IS MADE FROM A SINGLE 20 FOOT(6.1m) LENGTH OF AWWA PRESSURE PIPE AND THE CROSSING ANGLE IS APPROXIMATELY 90 DEGREES, SPECIFIC MONTANA DEPART. OF HEALTH AND ENVIROMENTAL SCIENCES APPROVAL IS REQUIRED FOR A VERTICAL SEPARATION OF LESS THAN 18 INCHES(0.5m) BETWEEN WATER MAIN AND SANITARY SEWER Q V IS A STANDARD LENGTH OF PIPE AS SUPPLIED BY A PIPE MANUFACTURER, 1 ADEQUATE STRUCTURAL SUPPORT FOR PIPES AT CROSSINGS SHALL BE PROVIDED. REVISED: 12/27/'95 MONTANA PUBLIC WORKS SCALE: WATER AND SEWER MAIN STANDARD DRAWING STANDARD SPECIFICATIONS NONE SEPARATION NO. 02660-2 REBAR ANCHOR 0 0 0 ' a a 06 Y ° d na a A i ° n 4 a 4 . \ CONCRETE ANCHORS "B" 'A,^ NOTE: COAT RODS WITH "KOPPERS" BITUMASTIC NO, 50 COATING OR EQUAL. THRUST BLOCK DIMENSIONS Rod° vnnc 00 PSI 5Q—PSI 2Q0 PSI 750 P59 300 PSI Sin s1:a A B C A B C A B C A C A —B-7c- 1/2" '° 2'-0' 2'-0 2'-0 2°-'D'2`�0'2'-0 2-0"2'_0.2',-, 2^--0 2'-0." 2"-0 2'"0'2"-0'.2"-7 1 I0" 2'-0" 2'-0 2'--U 2'-6 2'-6 2"-0 2'-9`2'--6'2'-6"1-0 3'-0'3"-0 3'-7 3'-0 3'-0 1 2 2'_3•.2'-D''2'_0.3'�.p S-0'..',2.-& 3'-5.3„-0`3'-0. 4'•-3 3'-0' 3'-0 5'-t 3"-0...3.-0. 1 14" 2'-3 2'-0 2'-0 3'-5 3'-0 3°-0 4'-6 3`-0'3'-0 4'-0'4'-0”4'-0 V-9 4'-0'4'-6- 8 16 3'-•0'3'-0 4'_a T-0''3''-0 4'-1-T-0.4.-0'F- 4"-0- 4*-0..6'-1 V-0 4°-0 18,. 3'-8` 3'-0 V-0`5'-•5 3'-0 3"-0 5'-1'4'-p'.4',-0. 6'-4"4'-0•, r i��1 p a°-4` a^-0 4'--0'6`-S 4'-0 4'-0 6'-6•'..5'^°0.5'-0"6^-5 C'-0' 6`-0 7'-6 NOTE; Pressures shown above are maximum working pressures in system. THRUST BLOCKING AND ANCHORS ARE REQUIRED ON ALL 6" VALVES AND LARGER UNLESS SPEC3FIED BY THE ENGINEER, MEGA—LUG OR APPROVED EQUAL JOINT RESTRAINTS MAY BE USED IN LIEU Or CONCRETE THRUST BLOCKS, THRUST BLOCKS NOT REQUIRED ON TAPPING VALVES CITE` OF BO EMAN SCALE: THRUST BLOCKING FOR NO. 02660-3 STANDARD DRAWING NONE WATER MAIN VALVES DEC 2003 8'- 0'° MAX. S- 0" MIN. INSTALL PLUMB WITH TO BACK OF CURB PUMPER NOZZLE FACING STREET NEW HYDRANT, MUELLER SUPER M CENTURION 25p OR WATEROUS PACER MIN. 4"- 0" CLEAR ALL AROUND (TREES, HEDGES, BUSHES, ETC.) ADJUSTABLE SCREW ELEVATIONS AS SHOWN TYPE VALVE BOX ON PLANS OR 0.2' WITH LID ABOVE TOP OF CURB GRADE GROUND LINE 4 Y UNDISTURBED EARTH ' MIN. 6.5' COVER w �1 i10C. �..' -. 8'.y ""•� Y _ �, 1t , d.'0.. *CONCRETE THRUST BLOCK TO MAIN LONE At 1 4Y .^. t-\ f!f" �i,,S 1 '.�c d' a[ � y 2•. l Y( JOINT AS REQUIRED FOR PIPE SPECIFIED NEW 6" AUXILIARY GATE VALVE MIN. 1/2 CUBIC YARD WASHED GRAVEL FLANGE JOINT "MEGA-LUG OR APPROVED EQUAL JOINT RESTRAINTS MAY BE USED IN LIEU OF CONCRETE THRUST BLOCK CITY OF BOZEMAN SCALE. FIRE HYDRANT NO. 02660-4 STANDARD DRAWING' NONE FEB 2008 PROPERTY LINE w 2' MIDI. w FIRE HYDRANT w VARIABLE W W W W W w W w W W W w w w W w w W w w ':SIDEWALK WATER MAIN CURB & GUTTER CURB WALK DETAIL PROPERTY LINE 1' CURB & GUTTER _.. FIRE HYDRANT VARIABLE 3' MIN. VALVE WATER MAIN V L (TYP.) BOULEVARD WALK DETAIL CITY OR BOZBNIAN SCALE: HYDRANT LOCATION NO. 02660-5 STANDARD DRAWING NONE DETAIL Dec 2003 STEEL POST MARKER PROPERTY PAINTED BLUE LINE OR EASEMENT LINE 5 1/2 ' BOULEVARD (TYP.) STREET SURFACE GROUND SURFACE 4' 5' SIDEWALK (TYP.) 1' CURB BOX 11.5° PROVIDE 5' STATIONARY (TdP.) ROD IN ALL CURB BOXES 6 1/2' MIN. COVER SEE DETAIL BELOW (TYPICAL EXCEPT IN SPECIAL CIRCUMSTANCES WHERE CITY HAS TAP 8Y 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 DL7AIL OF A SELECT MATERIAL BACKFILL AREA PROPERLY CORPORATION STOP (SEE SPECIFICATIONS) INSTALLED °f J° ' J✓ ;r / ✓/.�.' ;//,i /, CORPORATION STOP. // //i'///Jf, //�,j,! /,'/ �,•,// ,//✓ ;.✓,'f // //°�///, TAP MAIN AT /,/�r/ �,/ f//�l,%/'//%/ �`�f/f''%/r'/.�'� //%�!/J /✓ SPRING'LINE ✓/j /r' f // // °/i f�, i 'f /1 J//;! ,i, 3/4" DIA. MIN. i .fJ/r // !�/,/�;� ! i' ✓rJrJ�/� SERVICE PIPE 6" MIN. TRENCH BOTTOM 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 IA)D 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.. S. BEDDING SHALL BE 1" DIA, MAXIMUM WITHIN 5" OF SERVICE PIPE. 4. INSTALL CURB STOP SO THAT OPERATING KEY IS PARALLEL TO STREET IN OFF-POSITION. CITY OF BOZEMAN SCALE: WATER SERVICE LINE NQ. 02660-6 STANDARD DRAWING NONE DEC 2003 1' FNOSH GRACE CURB BOX VALVE BOX TOP SECTION 8°MIN MUELLER H-1542B STRAIGHT COUPLING WITH GALVANIZED OR BRASS CAP MIN COPPER SERVICE LINE 2" COPPER SERVICE LINE 1/4 BEND COMPRESSION COUPLING ��\ 1/8" DIAMETER I 3 `•,�. 4 CURB STOP CORPORATION STOP PROVICE1/B" DIAMETER GRAIN HOLE WATER MAIN CITY OF BOZEMAN SCALE: TYPICAL BLQWOFF NO. 02660-7 STANDARD DRAWING NONE Dec. 2003 PAINT 'POSTS AS DOTED BELOW 26" 34" � a / \' CONCRETE (TYP) ti N � � .✓��\°e%✓� B" I.b. HEAVY—DUTY STEEL PIPE 12" FILL WITH 2000 P.S.I, CONCRETE /�/' 36" 66" 21 33", 33" NOTE, POST NOT REQUIRED WHERE NATURAL BARRIERS EXIST. PAINT POSTS WITH SHERWIN—WILLIAMS MEfALATEX SEMI—GLOSS COATING, SAFETY RED (1342 R38 620-4069). CITY OF BOZEMAN SCALE: HYDRANT NO. 02660--8 STANDARD DRAWING NONE BARRIER POSTS DEC 2003 UNDISTURBED X j T CONCRETE THRUST BLOCK (TYP.) MJ GLAND MJ GLAND D.I. MJ D.I. D,I, PIPE TEE PIPE PIPE \\-MJ VALVE D.I. MJ GLAND PIPE 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-BO MAY BE USED IN CONJUNCTION D.I. WITH THE RESTRAINING RODS. PIPE CITY OF BOZE MAN SCALE; TYPICAL VALVE/TEE NO. 02660-10 STANDARD DRAWING NONE RESTRAINT DEC 2003 � I Q� _ LLJ 7-LLJ w l wr o CN ca /i o `. � z � z m m ca z Z ��.',%� 0 \ ` (2 // i F`� z • �yr 0 rx O IrL z O w Ll "N. / ® w � \`� 'zl't`s Z wLLI +� F— CY 2 CY X ULd a v V7 W W �Jo ,y Q + W 4' M [] CZ 0 a- (A0 ��\ *.v m -J Z Q) C) Ui cis° o m. 0 i F--CD c - N LD N z_> Q F < � r' I z � � A v) w0 � V cc 0 U w 3AI A M3N qz Caw Z 0 mM O V) 4 to ° Q C)Otf r) zO z z Qz Fa V M �s2 ZN W M ov C) w CFah- MOWED U THE TEST OR PR ME AS INCOMING LINE', — NO EXCEPTIONS.. OF ANY BACKFLOW PREVENTIEIH ASSEMBLY. ND PRESSURE GAUGES oR.PRESSURE GAUGE mTYNGT.a vnu.BE'. METER SIZED SA WKFLDW PREVENTION ASSEMBLY MUST CONNECT DIRECTLY Ta METER/ FLANGE TO BE THREAD®)ON STANDPIPE REQ1XR'E0 BACKFLOW PREVENTION N.J.Ta FLANGE ADAP7OR5 NOT ACCEPTABLE DEVICE.TO BE DETERMINED BY U'40'l A1. FQR eN.l.RISER CDMFM..URATIaNS) WAIETV SINPER9NTENOENr, 4" OR LARGER CLASS 51 M„ DUCTILE IRON PIPE (TYP.) V MIN., 2' WAX, ABOVE FINISHED FLOOR FLOOR MECHANICAL 3/4" MIN. Red Rod', WALLED IN EVERY OTHER AVAILABLE M.J. JOINT BDLT HOLES (TYPTCAL)— 5/e" RODS AccEPTABL,E FOR 4' UNES MAIN THRUST , R 9Q' BEND WITH THRUST BLOCK BLOCK LEGEND TAPPING TEE & VALVE, FLANGED OS&Y VALVE OR INSTALL VALVE 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 shoal be a UL listed flanged Kennedy or Mueller OS&Y valve the some size cs the service line. Combination strainer/meter immediately following OS&Y valve or elbow attached directly to OS&Y valve -- meter must set horizE Aal. FINISHED LOOR FLOOR 2, All Bockflow Prevention Assemblies shall be: A a. UL or FM Misted. " 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 pions. 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 woll, 90' BEND WITH ; 5. The incoming service line shall be a minimum 6.5', and D max— THRUST BLOCK imum of 7.5" below the finished grade. 6. All service line appurtenances shall hove a minimum pressure rating of ids Psi. 7. All service lines 4` and larger shall be Class 51 Ductile Iron Pipe. �+ 1' MIN., 2' MAX. B. Line sizing: The Bockflow 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 aline shall have a 4 meter and Bockflow Prevention Assembly, 2' MIN,„ 3' MAX CLEARANCE COATED STEEL ABOVE FINISHED FLOOR. %ALL PLATE, 5/1s T HICK'N M ESS IN.. M CITY OF BO EMAN SCALE: WATER SERVICE LINE NO. 02660-12 STANDARD DRAWING NONE FOR SIZES DEC 2003 S � AND LARGER REV: APRIL 2006 ONLY rrMNCS ALLOWED BETWEEN FIRST OS&Y VALVE AND NO PRESSURE GAUGE$ OR PRESSURE GA ICE FTmNGS WILL BE � `_� WKFLOW ASSEMBLY TO BE so BEND, SEE NaYE 6 AU_OWED iON'rrf,.E TESfi PORTS of MN Mc{Raw ASSEDBLY �M'VI \I - FLANGED OS&Y VALVE RANGE TO BE THREADED ON STANDPIPE, M,J.10 GUNGE ADAPTORS NOT ACCEPTABLE DOUBLE CHECK VALVE (TYPICAL FOR ALL RISER coNnGUR.AnoNs) 4" OR LARGER CLASS 51 MIN. REQUIREMENT) DUCTILE IRON PIPE (TYP.) T.MIN., z, M ABOVE / AS INDICATED ON FLOOR FINVSHED FLOOR PPR PLAN(S) a A A ;•� .... MECHANICAL 3/4" MIN. Redi Rod, INSTALLED IN EVERY OTHER AVAILABLE M.J. JOINT BOLT HOLES (TYPICAL) - 5/8" RODS ACCEPTABLE FOR 4" LINES MAIN90' BEND WITH THRUST BLOCK r. . THRUST BLOCK ~ TAPPING TEE & VALVE, CITY OF BOZEMAN REQUIREMENTS FOR INSTALLATION OF OR INSTALL VALVE AT DOUBLE CHECK VALVE ASSEMBLY PROPERTY' LINE (TYPICAL 1. The FIRST fitting Inside of the building shall be a UL listed flanged FOR ALL RISER CONFIGURATIONS) American Flow Control, Kennedy or Mueller OS&Y valve the same size as the fire service line. 2, All Double Check Valve Assemblies shall be: a. UL or FM Fisted. b.. Approved by the University of Southern California Foundation for PROVIDE FLEXIBLE, Cross Connection Control and Hydraulic Research (USCFCCCHR) for WATER-TIGHT CONNECTION SEE »s operation in the proposed position (vertical or horizontal) as shown FOR ALL WALL OR FLOOR on approved plans. PIPE PENETRATIONS. c. Installed as shown on the approved plans. 3. A flow detection device shall be installed immediately following the Double Check Valve Assembly (aicrm check valve, flow sensor/o'lorm, meter, etc.) as shown an the approved plans. Paddle-type flow alarms not permitted on dry systems. FI TSHE z'qADDM� 4, A Double Detector Check Valve Assembl ma be used with a standard fiNtSHED TTFLOOR y y City of Bozeman meter. Thhe meter loop of the Double Detector Check Valve shall have a Double Check Valve Assembly installed which meets the some installation criteria specified above in requirement number two. MECHANICA 5. Horizontal installations must be a minimum of 2' above the finished JOINT floor, 6, The fire service riser must be n minimum of 2" clear from any outside wall, and a minimum of 1' clear from any interior wall. 7. The incoming fire service fine shall be a minimum 6.5% and a mox- 90' BEND WITH imum of 7.5' below the finished grade. THRUST BLOCK y, B, All fire service line appurtenances shall have a minimum pressure rating of 175 PSI, 9. Ali fire service lines 4" and larger shall be Class 51 Ductile Iron Pipe, _j....,_.- 10. Line sizing; The Double Check Valve Assembly shall be equal in size a to the outgoing pipe diameter (downstream) MIN.. 2" MAX. �I 2" MIN,., 3' MAX CLEARANCE COATED SrEEL ABOVE FINISHED FLOOR WALL.PLATE, 5/TB"'MIN. THICKNESS :..... . q Y. STANDARD FIRE SERVICE CITY OF BOZT<�I Ar SCALE: LINE INSTALLATION NO. 02660-13 STANDARD DRAINING NONE DEC 2.003 FOR CLASS 1, Bl, & llN SYSTEMS fi'�V: JAt� 200 ONLY FPTnNCS ALLOWED BETWEEN FIRST DS&T VALVE AND NO PRESSURE CALOES OR PRESSURE"WE rmiNKS WILL BACKFLOW ASSEMBLY TO BE 9V BEND. SEE riM?TE 5 AtLQWED ON THE'TEST PORTS OF ANY BACKFLOW ASSEMBLY \U\Z=/ FLANGE TO BE THREADEa ON STANDPIPE, M.J.TC FIANCE+CAPTORS NOT ACCEPTABLE OR LARGER CLASS 51 AR 4* OR FOR ALL RISER CONnCuRATI. Jl CN$) LEGEND DUCTILE IRON PIPE (TYP.) V MX,2' MAX. ABOVE FLANGED CS&Y VALVE FLOOR FINISHED FLOOR MECHANICAL REDUCED-PRESSURE BACKFLOW-PREVEHMN JOINT 3/4" MIN. Redi Rod, INSTALLED IN ASSEMBLY(MINIMUM REOUIREUDM AS INDICATED MAIN EVERY OTHER AVAILABLE M.J. ON APPROVED PLANS) BOLT HOLES (TYPICAL) — 5/8" RODS ACCEPTABLE FOR 4" LINES THRUST 99 BEND WITH THRUST BLOCK BLOCK TAPPING TEE & VALVE, OR INSTALL VALVE AT CITY OF BOZEMAN REQUIREMENTS FOR INSTALLATION OF REDUCED PRESSURE BACKFLOW PREVENTION ASSEMBLY PROPERTY LINE (TYPICAL 1. The FIRST fitting inside of the building shall be a UL Fisted FOR ALL RISER flanged American Flow Control, Kennedy or Mueller OS&Y valve the CONFIGURATIONS. some size as the fire service line. 2. All Reduced Pressure Backflow Prevention Assemblies shall be: a. UL or FM listed. PROVIDE FLEXIBLE, b, Approved by the University of Southern California Foundation for f seE NOTE 5 Cross Connection Control and Hydraulic Research (USCFCCCHR) for WATER—TIGHT CONNECTION operation in the proposed position (vertical or horizontal) as shown on approved plans. FOR ALL WALL OR FLOOR c, Installed as shown on the approved plans, PPE PENETRATIONS. 3. A flow detection device shall be installed immediately following the Reduced Pressure Backflow Prevention Assembly (alarm check valve, flow sensor/olorm, meter, etc.) as shown on the approved plans, Poddle—type flow allarms not permitted on dry systems. '. 1' MIN., 2t—MM—AIROVE nmSHED F FLOOR 4. Horizontal installations must be a m mum of 2' above the finished , floor. 5. The fire service riser must be a minimum of 2' clear from any MECHANICAL outside wall, and a minimum of 1' Oeor from any interior wall. JOINT 6. The incoming fire service line shall be a minimum, of 6.5', and a rnoX- imum of 7.$' below the finished grade, 7. All fire service line appurtenances shall hove a minimum pressure rating of 175 PSI. 6, All fire service lines 4 and larger shall be Class 51 Ductile Iron Pipe, 90' BEND WITH 9• Line sizing: The Reduced Pressure Backflow Prevention Assembly shall be THRUST BLOCK equal in size to the outgoing pipe diameter (downstream).. 10. A droln is required. 3 a--1' MIN., 2" MAX. EL 2 MIN., 3' MAX CLEARANCE WALT.PLATE, ABOVE FINISHED FLOOR 5/le' MIN. THICKNESS :::<:•:%:':. STANDARD FIRE SERVICE CITY OF I3�32EriAN SCALE: LINE INSTALLATION NCB. 02660-14 'STANDARD DRAWING NONE FOR CLASS IV & V SYSTEMS Dec 2003 v: NEAREST FOUNDATION 1(/ WALL TO CURB STOP CURB STOP AND BOX 1 SEE DETAILS do B BELOW WATER MAIN 6.5' MIN. COVER JA A R '�.. ^^ WATER SERVICE LINE STUB (SEE C,O.B, STANDARD WATER SERVICE LINE DRAWING 02660-6) INSTALLED BY CUSTOMER (SERVICE APPLICATION & PLUMBING PERMIT REOU'IRED) NOTE: METER SIZED SAME AS INCOMING LINE—NO EXCEPTIONS, FOUNDATION BACKFLOW PREVENTION ASSEMBLY WALL (AS REQUIRED) VMIN./2' MAX SERVICE LINE , f' ANGLE STOP V MI ./2' MAX BACKFLOW PREVENTION FIXTURESSTIC METER- ASSEMBLY (AS REQUIRED) ALP --. FOUNDATION WALL 7O DOMESTIC t + FIXTURES . DOWNSTREAM --.. ' SHUTOFF +• DOWNSTREAM 1" MIN., - SHUTOFF 2` MAX MET£,R+ # FLOOR V MIN. ANGLE STOP OR STRAIGHT STOP *METER SAME SIZE AS INCOMING LINE-NO EXCEPTIONS" METER MUST ACFLDEIC SKOWDV Y TO ANGLE OR STRAIGHT STOP AND QUARTER-SEND COUPLING "DOWNSTREAM SHUT OFF VALVE MUST 0 1/2` & 2' SERVICES ONLY) BE SEPARATE FROM BACKFLOW DEVICE DETAIL AIL B DETAIL A TYPICAL FLOOR PENETRATION (N,T.S.) TYPICAL WALL PENETRATION (N.T.S.) (CRAWL SPACE) INSTALLATION ULR MEN S 1, WATER SERVICE LINE INSTALLATIONS SHALL CONFORM TO THE REQUIREMENTS OF THE CITY OF BOZEMAN WATER SUPERTNTENDANT, 2. SERVICE LINES SHALL BE TYPE K COPPER FOR 3/4', 1"`, 1 1/2', AND 2' SERVICES, SEE STANDARD DRAWING N0, 02660-12 FOR 4' AND LARGER DOMESTIC SERVICE LINES. SERVICE LINES BETWEEN 2' AND 4' ARE NOT ALLOWED. 3. STRAIGHT COPPER TUBING SHALL BE USED FOR 1 1/2'AND 2' SERVICE'S, 4. SERVICE LINES SHALL. BE BEDDED 3' UNDER AND OVER THE PIPE WITH SAND, NATIVE MATERIAL MAY BE USED AS BEDDING IF R CONFORMS 70 THE REQUIREMENTS OF MONTANA PUBLIC WORKS STANDARD DRAWING 02221-2 AND DOES NOT CONTAIN ANY MATERAL 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, S. WATER SERVICE L14E MAY BE REDUCED TO A SMALLER SIZE THAN THE WATER SERVICE STUB. MADE WITHIN 16' OF' CURB STOP. 10. METER, SACKFLOW PROTECTION, AND INCOMING SERVICE LINE MUST ALL BE THE SAME SIZE, CITE' OF BOZEMAN SCALE: WATER SERVICE LINE NO, 02660--15 NONE FROM CURB STOP TO BUILDING I�ec. 2003 STANDARD DRAWING NONE 2" AND SMALLER Rev. April 2006 0' R i OA- 3 w crYP.) 4 WATER 4' Crra.) SEWER � y 6 +, PROPERTY LINE i r) 1. WATER MAINS LOCATED 19' FROM THE NORTH OR WEST RIGHT—OF—WAY PROPERTY LINE FOR STREETS 35' IN WIDTH OR GREATER. WATER MAINS LOCATED 5.5' WEST OR NORTH OF STREET CENTERLINE FOR STREETS LESS THAN 35' IN WIDTH (BACK OF CURB—BACK OF CURB) 2, WATER SERVICE STUB LOCATED AT CENTER OF LOT; SEE C.O.B. STANDARD DRAWING NO. 02660-6 FOR DETAILS. 3, WATER MAIN VALVES LOCATED AT PROPERTY LINE. 4. SEWER MAINS LOCATED ON STREET CENTERLINE FOR STREETS 35' IN WIDTH OR GREATER. SEWER MAINS LOCATED 5.5' EAST OR SOUTH OF STREET CENTERLINE FOR STREETS LESS THAN 35' IN WIDTH 5. SEWER SERVICE 'STUB LOCATED 15` UPSTREAM FROM DOWNSTREAM PROPERTY LINE. 6. WATER & SEWER MAIN CROSSING; SEE M,P.W. STANDARD DRAWING NO. 02660-2 FOR DETAILS, 7. HYDRANTS LOCATED 5' FROM VALVE OR ON PROPERTY LINES EXTENDED FOR MID—BLOCK LOCATIONS. CITY OF BOZEMAN SCALE; WATER & SEWER MAIN AND NO® 02660-16 STANDARD DRAWING NONE SERVICES LOCATION Dec. 2003 STANDARDS r„�.----°- FINISHED WALLS FINISHED WALLS w DOWNSTREAM u DOWNSTREAM SHUTOFF Z SHUTOFF BACKFLOW DEVICE BACKFLOW DEVICE METER METER ANGLE STOP ANGLE STOP 12" MIN CLEAR 6" MIN CLEAR 3✓4" AND 1" COPPER SERVICES 1_/2" AND 2" COPPER SERVICES PLAN VIEW PLAN VIEW FINISHED WALL � FINISHED WALL w U Z z Q0 ANGLE STOP �ANGLE STOP FINISHED k2' FLOOR FINISHED 1' MIN FLOOR 2' MAX RVICE PIPE SERVICE PIPE 3✓4" AND 1 " COPPER SERVICES 1 1 /2" AND 2" COPPER SERVICES PROFILE VIEW PROFILE VIEW NOTE: PROVIDE FLEXIBLE, WATER-TIGHT SEAL FOR ALL FLOOR PENETRATIONS CITY OF B02IrMAN SCALE, WATER SERVICE N0, 02660-17 STANDARD DRAWING NONE INTERIOR CLEARANCES APRIL 2005 FLAT BLADE STREET NAME REGULATORY SIGN BLANK AS PER SIGN BLANKS SEE SECTION MUTCD STANDARDS, SIZE AS MOUNTED 'BACK TO 09810 2.2 FOR SPECIFIED ON PLANS BACK ON POST SIGN SIZES 2' MIN. M4N, 10' 2" PREFORATED SQUARE TUBE POST (TELSPAR OR APPROVED EQUAL) 7' MIN. Ll ATTACH SIGNS TO POST WITH -)/8" DRIVE RIVETS (MIN, 2 PER SIGN) STREET MARKER SIGN REGULATORY SIGN 2" PREFORATED SQUARE TUBE D /"POST (14 GAUGE) FASTEN POST TO SLEEVE WITH �Xs" CORNER BOLT (A325) 1 YZ" ABOVE FINISH GRACE. INSERT BOLT FINISH GRADE 2„ a / HEAD FROM OPPOSITE SIDE OF EXPECTED IMPACT. j RT DRIVE RIVET INTO OPPOSITE SIDE. 2 Y4" X 30" 12 GAUGE NON—PREFORATED SQUARE TUBE SIGN POST SLEEVE (TELSPAR "'QUIK PUNCH` OR APPROVED EQUAL) ALL SLEEVES AND SIGN 24 POSTS SHALL BE INSTALLED INSERT SIGN POST 18" INTO SLEEVE PLUMB. Md--4000 CONCRETE ANCHOR 9""„"`_. SIGN POST FOUNDATION DETAIL CITY OF BOZEMAN SCALE: SIGN INSTALLATION NO. 09810- 1 STANDARD DRAWING NONE STANDARDS AUG. 1994 Revised 5/2002 (N U l.sl n - 1 ry c CD v X � ' 0 � .'�-`- r _ � ' a LC3 '�F J S .w.. 4I') co Lr) C _ C CO GD 03 U, w L. � L � W CC C T < y,, > LLJ�✓ 1 x \ ULLJ C) U N � R tll 1 — t � uj W � � > 00 It- LC EL LU 1 1,1147 U) 1 f+'l