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H & H Earthworks Bid Submittal 2013 Water Renovation Project
}.d i � i owl' sh, p r r w i e � IMI�I Ili � �a'1.1 d �.�✓ 6� a/ /am ,w.,.� r WwwrA I r f r J i I a� PENAL SUM FORM DID BOND Any singular reference to Bidder,Surety,Owner or other party shall be considered plural where applicable. BIDDER(Name and Address): H&H Earthworks, Inc. 350 Pollywog Lane, Belgrade, MT 59714 SUR=Name andAddress of Pr*wipalPface ofBohiess): SureTec Insurance Company 1330 Post Oak Boulevard, Suite 1100 , Houston , TX 77056 OWNER(Name and Address): City of Bozeman 121 North Rouse, Bozeman, MT 59715 1311) 13idDue Daft; April 9, 2013 Desc3ipdon(P-qjectName and Include LOC4009). 2013 Water Renovations Project BOND Bond Number: Bid Bond Date (Mot car1far than Bid due date): April 9, 2013 PenaI 51M Im Percent of Amount Bid 10% (Words} (Figures} Surcty and Bidder,intondfng to be legally bound hereby,subject to the tams set forth below,do each cause this Bid Rood to be duly executed by an authorized officer,agent,or representative. BEDDE R SURETY H&H Earthworks, Inc. (Seal) SureTec Insurance Aompany (Seal) Biddtes Nme and Corporate Scal Surety's Name an By BY. - tirb Signab#(Attach Power of Attomey) k Thomas Sauer P , tM Print Namo Attorney-in-Fact Title Title Attest;Attest: "�, S Fltlurc fl\ -91 - Title Title Note.-Above addrases are to be uscdfior giving any required notice, Provide execution by any additional parties,such as joint venturers,jfnecSwary, WMC C430 IM Boni(PetAl Sum Form) PAg&102 PENAL SUM F0Rlvl 1. Bidder and Surety,jointly and severally,bind themselves, their heirs, executors,atlministrratcrs, succcssors, and assigns to pay to Owner upon default of Bidder the pctW suzn set forth on the face of this D md. Payment of the poual sum is the extent of Bidder's and'Surety's liability. Recovery uE such penal such under the terms of this Band 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 regWred by the Bidding Docmnents and any performance and paymentbanns requiredbythe Bidding Documents. 3. This obligation shall be null and void if- 31 Owner accepts Bidder's Bid and Bidder delivom wvitbin the time xr-quired by the Bidding Documents(or any extension thereof agreed to in Ming by O weer)the executed Agreement requi cd by the Bidding Documents and any ncrformaaco and payment bonds required by the Bidding Docictments,or 32 All Bids are rciccted by Owner,or 33 Owners Ws to issue a Notice of.award to Bidder tiwitttin the time sperTiv4 is the lllddiag Documents (ter any cxtccs%on thereof agr+ecd to in writi ng by Bidder and,if applicablc,co rsented to by Surety when required by Paragraph S herwo. 4. Payment under this Bond wvill bo 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 rcuonable pxornptaess,ldentilying this Bond and the)Project and including a statement of'the amount due. S. Surety waives notice of any and all defemos 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 w6tiec of Awatrl including oxte lens shall not in the aggregate exceed 120 days from Bid duo date wrrilhout Surety's written Consent. 6, No suit or action shall be coo nr=ced under this Bond prior to 30 calendar days after tine notice of default required in Paragrapli 4 above is received by Bidder and Surety and in no case later thaw one year after Bid due chile. 7. Any suitor action nader this Bond shall be commenced only in a.court Of competent iuds'l ction located in dw state in wbloh tha Prof cct is located. 8. Notices required hcreandcr shall be in writing and sent to Bidder and Surety at their respwtiw addresses shOWn on the fare of this Bond.Such not!=may be sent by personal delivery,00Mtnercial couricc,or by United States Registered or Certified Mail,return receipt requested,postage pre-paid,and shall be dt cmcd to be cf#'ectivt; upon rccciptby the party concealed. 9. Surety shall cause to be attaahcd to this Bond a current and ef' ctive Power of Attorney evidencing the authority of the officer,agent,or representative who cxctutcd this Bond on behalf of Surety to execute,seal,and deliver m&Bond and bind the,Surety thereby. 10. This Bond is intmdcd to cort.form to all applicable statutory requketaccnts.Any applicable requirmt of any applicable statute that hn been omitted frown this Bond shall be deemed to be included herein as if set forth at lend. if any provision of this Bond conflicts with any applicable statute, theft the provision of said statute shall govern and the remainder of this Bond that is not in conflict thercwv th shall eontiznue in full force and offect, 11. `l"hcterm"Bid"as uscdhearein,includes aBid,offer,orproposal as applicable. FJ(Z C 0430 Od&end(Peagt Snap Fo m) :Frq=edday the EugtneersJafntCaatmdbaamentsCarw Itlev, k'xrge 2 orb POA#: 610001 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Thomas Sauer,Alberto Paez its true and lawful Attomey-in-fact,with fall power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment shall continue in force until 1013112013 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf ofthe Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 201,of April, 1999.} hi WiMCSN Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seat to be hereto affixed this 3rd day of September,A.D.2010. SURETEC INSURAWE C PANY By: Lu t� John a Jr., resident State of Texas ss: County of Harris On this 3rd day of September,A.D.2010 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas,that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal,that it was so affixed by order of the Board of Directors of said Company,and that he signed his name thereto by like order. JACQUELYN MALDONADO -4' rAJA4k -Iqkftk;�� Notary Pubiic,State of Texas Ncq�elyn aldo o,Notary Public i My Commi ssion Expires on e s May 18,2013 May 18, 2013 Osil I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and cormot copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors.set out in the Power of Attorney are in fall force and effect, /1 Given under my hand and the seal of said Company at Houston, Texas this day of A.D. 7 M.Brent Beaty,Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and Without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pin CST. 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 I –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 131D 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, fittings 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- 1230, 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 DU prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed Section 001 00 INVITATION TO BID Page I 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, CMC 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 1230, 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'h 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 66'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 otherwise noted or revised in the bound bid document. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman,in order to assist the Contractor in preparation of his Bids. The complete CONTRACT DOCUMENTS which comprise this entire document, and are made a part hereof, consist of the following: Invitation to Bid............................ Bound Herein Instructions to Bidders.................. Bound Herein Bid Form...................................... Bound Herein Bid Bond........................................ Bound Herein Agreement Form...........................Bound Herein Payment Bond..............................MPWSS/Bound Herein Performance Bond........................MPWSS/Bound Herein Standard General Conditions,.......MPWSS/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 BTDDERS Where logs of test borings are included in the contract plans,it is agreed that such logs C, a part of the contract and are included only for the convenience of the bidder or Contra( relieve him of his duties under this section or of any other responsibility under the contri No information derived from any inspection of records of investigation or compilation there the Owner will in any way relieve the bidder or Contractor from properly performing his o'. under the contract. UNDERGROUND UTILITIES The location of underground utilities as shown on the draw, approximate and the Owner assumes no responsibility for determining the exact location. Contractor shall note the reference to utility lines and service lines for various utilities as noted or drawings and that the approximate location may or may not be given. The Contractor shall make writ inquiry of the related utility agency to determine the location of underground utilities in the project are 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 59771-1230 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 Pen-nit 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 attomey-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 6 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 acceptor reject the Bids,or portions of Bids if denoted in the Bid as separate schedules,and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted,or reject nonconforming, non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS Within seven days after Bids are opened,the apparent low Bidder,and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be 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.OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder,whether because bid is not responsive, or the Bidder is unqualified or of doubtful financial ability,or fails to meet any other pertinent standard or criteria established by the OWNER. The OWNER also reserves the right to waive all informalities not involving price,time,or changes in the Work and to negotiate contract terms with the Successful Bidder. In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternatives,unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors,Suppliers,and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, or other individuals or entities must be submitted as provided in the Supplementary Conditions. OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. If the Contract is to be awarded,OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents, Bid price, and other appropriate factors. If the Contract is to be awarded,OWNER will give the Successful Bidder a Notice of Award within sixty (60) days after the day of the bid opening. The OWNER reserves the right to cancel the award of any contract at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. If,at any time this Contract is to be awarded,the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such other action as best serves the Owner's interests. CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement,by all parties without any liability against the Owner. RETURN OF BID GUARANTEE All Bid guarantees,except those of the three lowest Bidders,will be 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 furnish a Performance Bond and Payment Bond shall be just cause for annulment of the award. In the event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not as a penalty but as liquidation of damages sustained. Award may then be made to the next lowest responsible and qualified Bidder,or the work may be re-advertised as the Owner may decide. BOUND COPY OF CONTRACT DOCUMENTS None of the Instructions to Bidders,Bid Form,Bond forms,Agreement,contract stipulations,or other specifications shall be removed from the bound copy of Contract Documents prior to submission of Bid. PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions, Notice of Extended PLLyment 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 infori-nation 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 !AX 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 products shall be in accordance with the laws of the State of Montana. SPECIAL FUEL USER'S PERMIT(7-5-4316, MCA). 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 BID FORM 2013 WATER RENOVATIONS PROJECT CITY OF BOZEMAN BOZEMAN, MONTANA 59771 TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER,having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations,municipal ordinances and other factors which may affect the performance of the Work,and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of 2013 WATER RENOVATIONS PROJECT, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of,the work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15)calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. The allowed contract time is 90 calendar days. Where multiple schedules are awarded under a single Contract,the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in Article 2.2 & 2.3 of the Agreement Form. The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above,after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract. BID FORM The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; Q That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify)pursuant to Article 37-71-203,MCA, that he (they) is (are) duly and regularly licensed. 2 BID FORM BIDDER agrees to 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 ?uantity Price OI Taxes, Bonds, Insurance L.S. 1 102 Mobilization L.S. 1 � 103 Connection to Existing Main Each 19 104 4" MJ Gate Valve wN.B. Each / 4 105 6" MJ Gate Valve w/V.B, Each 3 106 8" MJ Gate Valve wV.B. Each d3 30 , 107 10" MJ Gate Valve wV.B. Each Y 2 , 108 12" MJ Gate Valvew/V,B. Each 2 109 8" x 4" MJ Increaser Ea 1 110 8" x 6" MJ Increaser Each ,, 2 , a 111 8" x 4"MJ Tee Each 4 11.2 8"'x 6" MJ Tee Each , 8 113 8" x 8" MJ Tee Each 3 ? , 114 8"MJ Cross Each 3 ^ 115 10"x 8" MJ Cross Each 116 12"x 8" MJ Cross Each 1 117 8" 11 '/4 deg MJ Bend Each - 21 „ 118 8" 22 % deg MJ Bend Each 6 ,� 119 8"45 deg MJ Bend Each yr 4 Ply: 12.0 8" CL 51 D.I.P. L.F. G ct 5215 121 10" CL 51 D.I.P. L. F. 60 '`2a 122 12" CL 51 W.P. L,F. 60 123 Service reconnection Win trench Each 59 �� limits 2" diameter and smaller ;� - 1.24 Service reconnection outside trench L.F. 280 limits 2" diameter and smaller .- 13 Service reconnection Win trench 125 limits 4" diameter and larger Each 5 Service reconnection outside trench 126 limits 4" diameter and larger L.F. 70 0, Install Expansion Tank and 127 Backflow Preventer Each 5 c�� 2 128 Fire Hydrant 5' bury Each 1 129 Fire Hydrant 5.5' bury Each 1 130 Fire H Brant 6.5' bury Each 7 2 131 Fire Hydrant 75' bu Each 1 132 Fire Hydrant 8' bury Each + 1 133 Remove ExistipS Hydrant Each 1p . Q 3 3 BID FORM 134 Insulation L.F. . ;-p 2637 /ice. 135 Traffic Control L.S. e 1 136 Temi)orary Water System L.S. R 1 137 Asphalt Restoration L.F. 5429 1--> "-7. 138 Jack and Bore L.S. 3ol 1 1 139 Type 2 Pipe Bedding C.''. A, 20 r,✓ 140 Curb BoxNalve Box Removal Each 107C), 11 141 Locate & Repair Sewer Service Each ', 10 -7Z:::). , 142 Signal Loop Installation L.S. 2 3V-22". 143 Ouality Assurance Testing L. I u) I 1 '2t,. 144 Miscellaneous Work Each $1.00 20,000 $20,000 TOTAL BASE BIB s t'07 3;(os€ -slo (TOTAL BASE BID- WRITTEN WORDS The undersigned Bidder acknowledged receipt of the following Addenda,which have been considered in preparation of this Bid: No. — Dated Vi No. Dated No. Dated No, Dated Submitted this day of i 52013.-qt SIGNATURE OF BIDDER: ✓ " Montana Contractor Registrat n Number AV62 A Contractor Fuel Permit Number If an individual: doing business as 4 BID FORM If a Partnership: by partner If a Corporation: LIAA �..w� (a) (Seal & Title Attest) Business Address of Bidder: . bwi �A-A, 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 BITS FORM NON-DISCRIMINATION AFFIRMATION FORM [name of entity submitting1hereby 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 prohibition shall apply to the hiring and treatment of the �"! above .. - [name of entity submittingl employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Signature of Bidder: P rs n authorized to sign on behalf of the bidder AGREEMENT FORM THIS AGREEMENT is dated as of the day of in the year 2013, by and between CITY OF BOZEMAN, hereinafter called OWNER, and hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Replacement of existing mains, valves, fittings and appurtenances in Mendenhall Street from North 7'11 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: 201.3 Water Renovations Project, Cill 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 ($ Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions, Applications for payment will be processed as provided in the General Conditions, 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions,OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6,1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances,rules and regulations that in any manner may affect cost,progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost,progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions, 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price,within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations,tests,reports or similar data are or will be required by CONTRACTOR for such purposes. ,6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts,errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 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 Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7,11 Montana Public Works Specifications, 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. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns,and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day a above written. (CONTRACTOR) By (SEAL &) (ATTEST) Title (JOINT VENTURE) By (SEAL &) (ATTEST) Title City of Bozeman (OWNER) By (CITY MANAGER) (SEAL &) (ATTEST) APPROVED AS TO FORM: (CITY ATTORNEY) c Awpdocs\fo1mMgreefhn.mrg PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable, CONTRACTOR(Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER(Name and Address) CONTRACT Effective Date of Agreement: Amount: Description(Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor,intending to be legally bound hereby, subject to the terms set forth below,do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature(Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note.- Provide, execution by additional parties, such as Joint venturers, if necessaty, EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page I of 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract, If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right,if any, subsequently to declare a Contractor Default; and 2,2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 1 Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 33 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for perfon-nance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5, After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication fon EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Dmuments Committee. Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5,2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs,executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner,or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY—(Naine,Address and Telephone) Surety Agency or Broker: Owner's Representative (Eng sneer or other party), EJ CDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee, Page 3 of 3 PAYMENT BOND Any singular reference to Contractor,Surety, Owner,or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER(Name and Address): CONTRACT Effective Date of Agreement: Amount: Description(Naive and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent,or representative. CONTRACTOR AS PRINCIPAL SURETY (Seat) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest. Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint, venturers, if necessary, EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee, Page I of 3 l. Contractor and 8oretv, io1oU* 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, v/6icb is incorporated herein by reference. 2. With respect to Owner,this obligation abullbcoullmzdvojdifCootructoz: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 22 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment hyContractor by any person or entity who fucoisbed labor, materials, or equipment for use in the performance of the Contract, provided <}p/oer has promptly notified Contractor and Surety (at the addresses described in 9uzmgruoh 12) of any o|aizua, dczouoda, liens, or suits and tendered defense of such claims, dcnnxodw, liens, or suits to Contractor and Surety, and provided there iouo Owner Default. � 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly ouakox payment, | directly nv indirectly,for all voozo duo. � 4. Surety shall have an obligation tuClainoantsondcrthisBooduutd: . 4.1 C}nizourtm who are employed by or have n direct contract with Contractor have given notice to Surety (at the address described in Paragraph )2) and sent u copy, or notice thereof, to 0nvnor. stating that o claim iu being made under this Bond and, with substantial accuracy, the amount ofthe claim. 4.2 Claimants who dn not have u direct contract with Contractor: l. Have furnished written owfioouu Contractor and sent ucopy, or notice thereof, to Owner, within � 90 days after having last performed 1nbororluxtfomixbed ruutexiaXv oz equipment included in the c|minu stating, with substantial uoouruuy, the amount of the o|mbm and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or � performed; and 2. Have cidzcz received o rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by vvticb Contractor had | indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have ncot aezdteu notice to Surety (at the | address described iuParagraph 12) and sent u copy, ur notice thereof, $nOwner, stating that u | claim is being made under this Bond and enclosing u copy of the yzmvinum nvdtU:u 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 uuDOoi�o�cno�dOunc� | compliance. h. When Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's l expense take the following actions: / 6.1 Send en answer W that Claimant, with ucopy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed, | 6.2 Pay mr arrange for payment of any undisputed amounts, | 7. Surety's total obligation shall not exceed the amount nf this Bond, and the amount wf this Bond shall De credited for any payments made in good faith b'�Suzety. ) � 8. Amounts npmd by Owner to Contractor under the Contract shall be used for the performance of the Cnubuo[ and to mm1imfv claims, if any, under any performance bond, By Contractor furnishing and Owner accepting this Bond, they agree that all tbmda earned by Contractor lothe performance mf the Contract are � dedicated tonuduf� obUAmtioomo�(�onUraocmruod8ur�1yuud�rUzio2�ood, ao6ccttm Owner's p�uritytuuse | ^ ' the funds for the completion ofthe Work. � mJcmcc-ms Payment Bond Prepared bythe Engineers Joint Contract Documents Comtni,tee. � 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 tender this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts,purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the 'Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs, If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 153 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):. EJCDC C-618 Payment Bond Prepared by the Engineers Joint Contract Documents Committee.. Page 3 of 3 i j This document has"important legal consequences; consultation rwitli 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. I STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and l[ssued and Published Jointly by Am mrAN CmNa4 pt Lwwwrnm Coswwrc National Society of n8ri Engineers n Society Professional Engineers ers ASCEof Civil Pmlasslonol Enolneers In Pfirafe Prodfce AMERICAN COUNCR,OF ENGI EER,ING "O PANfF ASSOCIATED GENERAL CONT, RACTOkS,or AMERICA AMERICAN SOCIETY OFCIVIL ENGINEERS PRO M ,5IO A ENGI?4EE'R -1'ls&PRIVATETRA(TrWE Frr, c tt aaY�rrrt rah"�rr�. NATISNAI atCIET'Y f,1p PRCxI?ISICCL ENGINEERS r f y CfJNSTRtJCTIt N SPECIFIC"ATICINS INSTITUTE �I E,It"TDi. C-70:Widardcotrii0 dl t'kmsof"theCoiJAIdetipnCofitract I ' Copyi i 'ht 002(W Nati All rights,reserved; �l STANDARD GENERAL CONDITIONS O�F THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article I -Definitions and Terminology................................................... ............................. ....... ......... I 1,0!1 Defined Terms...---................................................ ....... ...... .................................. I 1 02 Terminology...... .......... .................................................... .............................................. ..............5 Article2-Preliminary Matters.................................. ........................................ ......... ........ .....................6 2.01 Delivery of Bonds and Evidence ofInsurance.................................................................... ........6 2.02 Copies of Documents........................ ........ ...... ............. .......... ..............................----6 2.03 Commencement of Conti-act 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 Document,.'.: Intent, Amending,Reuse ...........- ................................... ...........................8 3.01 Intent................... ............'........ ...... 8 3.02 Reference Standards................................................---.............. ..................................................8 3.03 Reporting and Resolving Discrepancies.......... ..... ....................................-.'-....................... 9 3.04 Amending and Supplementing Contract Documents.....................................................................��9 3.05 Reuse of Documents......................................... ....... ......I ...... ............. .................... 10 3.06 Electronic Data ...............-.-...... ........................................ .......... ................. Article 4-Availability,of Lands;S4bsurface,,and Physical�Conditio'ns;'Hazardbu,�,Environmental, Conditions,; Reference Points...... ............... ...... .......... ......... ...... .......I............. ........ I I 4.01 Availabi4ty of Laods'.. ....... .......I................. ........ ..... .........I 4.0, Subsurface and Phy,,*,406' nditions.................... ................................ ......�i'............ 4.03 Differing,Subsurf4t.�e or,,,Ph.,y,,sieal"Cond�itions.......... .................. ................... 4,04 UfidergirOund Facilities,... ......................... .............. ....................... ......13' 4.05 Refetoice, Points:- .............................. .............................. ........ ........ 1,4 4.06 Condition ............... .................. ...... 14 Article 5-Bonds and Insurane&.... .......................... ............................. ......... �'M] Performance,Paynien-�,And OtberBoinds .. ......-".";........................ ..... 6 5.02 Licensed Suretie' and,'1hsurefs..,...1............. ................... 16,' 5.03 Certificates of tns,'1Ltra'nce.'-.,.'�...................... ................ ............. ...... 17 tor's1ritsuran ........... ........17' 5.04 Contrac c I............ .......................................... 5,05 Owner's Liability Insurance.................... ................ ................ ......................... 19 5'M, Property Insurance........ ............................................. ............. ......1.,,,. 19 5.07 Waiver of Ri'gbts' ...................- ....... ...... ........ . .................."......... 0, 5.08 Receipt and Applic4tioo of ln�utanee Proceeds,�. ........ ...... .......... ......... 00C,('460' bf the'Constructimi Coniravt Copyright Q 2007 Notional 14,odety of Profo'4(inot EughW�rs for EjCI)C, Alfright5reserved. P�ge 1 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 Payment........................................ ..... ......... ..............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......... ......... ........................ 10.03 Execution of'Change Orders.................................................. .................................. ............41 ......................................... ...........41 10.04 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 Article 12—Change of Contract Price;Change of Contract Times.............................. ......... .....................46 12.01 Changeof Contract Price... ............................................................................ ...........................46 12.02 Change of Contract Times........................................................................ .............. ............... ...47 1.2.03 Delays.................................................. ................ - ........ .................................................._.......47 Article 13—Tests and Inspections; Correction,Removal or Acce tance of Defective Work ......................48 P, 13.01 Notice of Defects............................... ...........-...................... ................... .......................-48 13.02, Access to Work.......... ......—1-....... .................. .......................—48 13.03 Tests and Inspections............. .............. ...................................... .................................................4,9 13.04 Uncovering Work,... ..............................—..................................................................... .................49 13-05 Owner May Stop the Work ....................................................... ................ ......... .................50 13.06 Correction,or Removal of Defective Work............................................... 5() 13-07 Correction Period..........--..................................... ............... ................. 13.08, Acceptance of,Defective Work.......... ............. ....... ....... ................... ............. ....... ............ 13-09 Owner May,Correct,Defective,Work, ....... ................ ............. .......... ...... ..52) Article 14—Paymlents to Contractor,and,Com pletion............. ............. ........................ 14.01, Schodu e of Values............................... ......... ....... ................ ..........--........... .......................52 IU2Progress,Payrne'nts.,..................... ........... .......... ..........11........I...�...... ................ 14-03 Contractor's Warranty of Titk........ ........ ............. ...................... .......... .......... ....55 14.04 Substantidl Coiripletion,.................. ....... ............... ........................ .............. 5,-5 14.05 Partial Utilization.,....' .......... ...........-................. ..................................11........ ....... ...... 14.06 Final Inspection........... ...... ........ ............. ........... ...— ..I............................--...... 1:4,07 Final,Payment—,.........I.................... ...................... ................................... ............. ........ ....57 14,.08 Final"Completioti Delayed..,.,... ............... ............--......... ....................... ...58 FJCDC(-700 S'ndard('00eral Conditiom of tbeConstOuction Contract CopyrightV 2007 National Sociekv of Profc�.,Wonal,En9inV*F$for EJCl)C- All right-;rescrivd. ........ Page,iii 1 1 ARTICLE I DEFINITIONS AND TERMINOLOGY 1.01 Defined Terraas 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 bath the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letter: in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. l.. ActrlcAn&i----Written or graphic instruments issued prior to the opening of Bids,which chirify, 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 coved ng the Work., I 3. Application for Pa'y/gent—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. A.ybe to —•Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action; levels established by the United States Occupational Safety and Health Administration, S: Bid The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bi&hi=The,individual or entity who submits a Bid directly to Owner, 7. Bidding o crraneo—ts--"The Bidding Requai>'ements and the proposed Contract Document's (including all Addenda. 1 8. Bidding Requirements—The advertisement or invitation to bid, instructions to Bidders, Bid security f acceptable f`oraru if an and the Bid Form with,ttru Supplement y p ,y, s. y 91, C'h#nge Or der-74,;document,recomm,ended by Engineer,which is, signed by Contact 0 r and Owner and'authorizes an addition, dele,0 ,,or,revi, ' 94 in the A or an adju�stm nt in',th S Contract Price or the Contract T me'sT js~sued o�n or a4 the Pffeotive Date uhf the Agreeia)ent, 10. C lcrraxr—A demand or assertion by Owner or, Cdntrauctor seeking an adjustment.of Contract Price of ontract Tinges, or both ,fir tether relief with respect tbAhd,terries of the Contract:A demand for'money or services °a third party is t t-a la In T. 11. Contract—The entire and integrated written agreement betw;een the Owner and Contractor concerning the brk: The' Contract supersedes-,prior, negotiations, representations, for agreements, whether written or oral. F„JCt)C C",4700 Standard C'enerai Conditions of the Construction Contract Copyright U 2007 National Society of,Professional Engineers for EEC DC'» All rightrs"reserved. Page,i of 62 r r t 27. Nolice (�f'Award—Thc written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence, to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCB.v—Polychlorinated biphenyls, 31. Petro/etan—Petroletim, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pres sure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils, 32. Progress Schedule—A schedule, prepared and maintained by Contractor, desclibing the sequence and duration of the activities comprising the Contracto�r's plan to accomplish the Work within the Contract Times. x� 33. Project—The 'total construction of which the Work to be performed under the Contract Documents may be the whole, or a part, 34. Prqject Alanual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents (if the Project Manual, which may be bound in one or more volumes, is contained in the table(s)of contents. 35. Rq4ioactive Materiab—Source, special nuclear, or,byproduct material as defined by the Atomic Ener y Act of 1954 02 USC Section,2011 et,seq.) 9 as amended from time to time,, 36. Resident Pr(,yectl Repfesentafiw,��The authorized representative of Engineer who may be assigned,to the Site or any prt,thereof. 37. Sa,*I�Ies—Physical examples of mat�,rials,equipment,,or workmanship that are representative of'Sorhe portion of the Work,and' which,establish thie standards by Whic �such portion of the, Work, wfll bejudged, 38. Schedule ,)J,'SuI;nIlUa.1s—A schedule, prepared and maintained by, Contractor, of required stibrrtittals and the time, requirements to 8 p sch '61 construction activities. up rt eduJed, perfmianee of related 39. Schedule of Value-v—A schedule, prepared,and mililtitained by Contractor, allocating portions of the Contract Price to various pdrtionS ofthe','W I�,,)rk and used as the basis for reviewing Contractor's Applications fbrPa,,ymc'nt. EJCDC C-7(KY Standard General Conditions of the Construction Coritrad Copyright ED 2007 National Society of,Professional Engincers,lor I EJCDC� All rights reserved. PaV 3 of 62 h I addition, deletion, or revision in the Work, or responding to differing car- unforeseen subsurface or physical conditions under which the Work is to be performed- or to emergencies. A fork Change Directive will not change the Contract price or the Contract. Tines but is evidence that the parties expect that the change ordered or documented by a Work Change (Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect,if any, on the Contract Price or Contract Times, 1.02 Ter n inolv,g)7 I A. The words and terms discussed in Paragraph 1,02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. P. Intent of Certain Terms or 4jectives 1. The.Contract Documents include the terms `"as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "Proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action,, or deterrnination 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 whale as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of a'n such terns car adjective is not intended to and shall not e 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 an y other provision ro vision oof the Contract Documents. C. Day,: 1. The Word "day" means a calendar day of 24 houars measured from midni& to the next midnight, D. Defective., 1.: The word "defective," when modifying the war d "Work," refers to Work, (last is unsatisfactory, f""salty,tat def`rcieiat in that it. a. dopes not conform to the,,Contfact,DoCunadri s;.CDr- b, does not meet the recluiremen S,of,any applicable inspection, reference standar=d, test, or approval referred to in the rC antrdei`Docairnerits;or c. has been damaged prior to Etorieer"s roeorrian6idation ' f final payment (unless i responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14;D4'414.0_5). JCiDCaCM"-700$tandawrd General Conditions of the Construction Contract C"opyrigltt C 2007 National Society of r'ioressiona l Engineers for 113C OC, All rigrats r rued. Page S of 62 ( 2,04 Starting they IYor°k, A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. NciWork shall be dome at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction on A. Preliminary Schedules: Within 10 days alter the Effective; Date of the<Agreement `unless otherwise specified in the General requirements), Contractor shall submit to Engineer for timely review 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; f 2. a preliminary Schedule of Submittals;and ?. a preliminary Schedule of Values for call of the Work which includes quantities=and pricey 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 perlairntance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work, 2.06 Pr°et.onstr ration. Cogs r ence Designation n ation gfAufhori ed Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among,!the,parties as to the Work,and to discuss the schedules referred to in paragraph 2.05.A, procedures for hatndling Shop Drawings and rather submittals, processing Applications for payment, and maintaining required records. i B. At this conference Owner and Contractor each shall designate,in writing, a specific individual to act as its authorised representative with respect to the services aatrd--responsibilities under the Contract. Such individuals shall have the authority to transmit instructions,:receive information, render decisions relatiue tca the Contract,attrd t tlrer isc:act a tt behalf of each respective party. 2.07 i"ntitidl Accep!t nc'e of Sehed4d&- A. At lust l )datys lbefoie subriiis.ion of the fart �frpltcutioi ft�r l�`a rrtettt as cciriferenc aattertr�ed b Contraetof. En xrneer' and ether;; y ," �s appr�ipriate will ire hefd tai reuir~w, fta� acceptability, to Engineer,as pr¢,avided below tyre--schedules s0nl fitted,rn atcaerrci ri e w' ith"Pairaagr aph 2.05.A, Cbntracttrr shall have an additional 1.fg days to B akke crirrections and adjustments,and to complete ari+al resubmit th schedules. No progtess payrrre'nt shalll e Made to Contractor until acceptable schedules are%ubmitted to Engineer. t L The Progress, Schedule will be acceptable to]engineer if'it provides an orderly progression of the; Work to completion'within the Contract T"inaes. Such acceptance will not impose, on rti1C D( •7fHt 5�andnrd CeenNral�',c�ndi�i�ans��r thc,(r fnstru<taon ConYtract Copyright 0 2407 National Society of ftofessiolif iig inetrs ror r.,tcr)c. All rights roerved. Pa ":7"of 62 i n 3.03 Rcj)orting and Resolving Disc•relwinc°ie s A. R'ejrurtit g Discrepancies: 1. Contracim-s Revieni.,gl'Co ntract Docarmcnis Bc,tixr°e 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 at written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Rei-°aciv cif"C onlr ac°t Documents During Peed ornacrnee rah", Work;: lf°' during the performance of the Mark, 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 Conti-act Documents unless Contractor had actual knowledge thereof. B. Resolving,Dlscr(,Iy ncies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discr'epancybetween�the provisi rn of the Contract tract l ocunients and: f. 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' l ocuriaents), or, h. the proVisi.om of any Lasers or Regurlations' applicable to the performance of the 'W'ork (unless such art inter°pi°etation of the provisions'of the Contract,Docurrrents would result in violation of such Law or'Reg lat on). 3.04 rrxrriir rar "� rr lraxc"trtiri. Crrrtrrctict(ttxirrts A. The Contract Documents may,be amended to proviele ft 4r additions, deletions; and revisions in the work or to modify the terms and conditions thereof by dither a,Change,,Order or a Work Change,Directive-. 1 B. The requirements of the Contract Documents may be supplemented, and minor variations and ( deviations in the Work may be,authorized,by one or more of the following ways: I FJCDC'C-700 Standard(;enerai Conditions of the C'onstrut6on C ontr ict Copyright @ 2007;National Societ;),of ProkWonai Engineers for EJC'DC;. All rights r rued. Pa v9 of 62 a ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDYfIONS; REFERENCE POINTS 4,01 Aiwitabilit.vqfLands A. Owner shall furnish 1,he 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 pity for easements for permanent structures oi- permanent chang es in existing facilities. If Contractor and Owner are unable, to agree, on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner"s furnishing the Site or a part thereof,Contractor may inake a Claim therefor as,provided in Paragraph 10.05. K 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 foi- temporary construction facilities or storage of materials, and equipment. -e ond Physical Conditions 4�02 SubsurOc A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and, tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of, physical conditions relating to existing surface or subsurface,structures at the Site,(except Underground Facilities-),, B. Limited Relia.nce ky Contractor an, Technical Dattu Authorized: Contractor may rely upon the accuracy of the "technical. data"' contained in such reports and drawings� but'such' reports and drawings are not Contr1act Documents. Such "technical data7' is identified in the Supplementary Conditions., Except, fbi, such reliance,,on such "technical,data,,"',(ontractormay,not rely upon or make,any claim against Owner,or Engine.er,or an of the r officer �,Oirectors, rn em s bet i wors y par, empjoyees,agents,consultantsi or,subcontractot,,s withrespoetto: 1, the cornpjetehe:s�of sucb reports,itrid drawing's fiv Q6 ctbt's p' urposts,,lificluding, but not lifuited to, any aspects of,ffie, means' 'th(,),d quds me 1s; sequences,,, and, procedures of construction to be',employcd� by Contradorl,' 'and ,,�,4,f�t"y""p�'ceautiolnq�,and",programs iticident thereto; or 2. other data,'interpretations, opinions, and,information,cot taih6di in,such'reports or shown or indicalbd"Ifi such drawings,;or 'Contractor,i " 'retation of'or 3. any Inerp conclusion dfawn1r6fb any'"te:obtrical,data" or any such other data,interpretations,opinions,or information. EjCt)C C 700 'standard Genexal Conditions of tbe,'Constracoon Contnwt Copyri*(0 2007 Nation4l Society,of ProtossionAl,E!tgginmrs for FJCDC, All rigW r1eserved. Page 11 of 62 contiguous areas required by the Bidding Requirements 01- Contract Documents to be conducted by or for Contractor prior to Cocntractor's making such final conimittrient', oi- c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3, If Owner and Contractor are unable to agree.on entitlement to,or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 101-05. However, neither Owner or Engineer, or any of their officers, directors, members, partrIMS, 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 Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: I. Owner and Ert-ineer shall not be responsible, for the accu�racy 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; K locating all'Underg)-ound 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 sakty,and protection of all' such Underground, Facilities and repairing any 'damage thereto resulting from the Work" B. Not,Shown or liulicatetl,, I. If,"an Underground Vacility is tuic6vered:or',revealed,at,of,"co'n'tigtious to, the, Sitewhich,was hot shown Or'ihdicated�, or not sh6 n or,indicated�,,with,reitsonabft accufacy in the Contract Vocuments., Contractor sh'all, promptly, after becoming, aware theroofdrid, before further disturbing conditions affected� thereby oi- perform in work, in ponnection t erewitb h texce A' y he owner, of such p, in an emergency as required b Paragraph A),'ide,`Dtify� t Underground Facility and give, written notice, to'thAt owner and to Owner, and Engineer, Engirieer will promptly rvview,the tJ,iidlei�gi'(,�.und"Facii.ity and determine the extent,,if any, to which a change, is required in the Contract Documents to rpflect and document the EJCDCC,-700 Standard General Conditionsor the Cofistr6dion Contract Copyrigbt 0 2007 Nati4nal Society of0rolessionatEngineers for FACDC, MI rights,reserved, Paiye 13,i'l 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 s cope 017 the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site, by C011traCtor, Subconti.-actors, ,Suppliers,or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Conti-actor shall immediately: (i) secure of-othei-wise isolate, such condition; 0j) 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: 0) 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 safety. If Owner and Contractor cannot agree a t entit ent s o jell, 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 M05. F. If after receipt of Such written notice,Contractor does not agree to resumesuch Work based on a reasonable belief it is unsafe, or, does not agred; to Wme s -k under such special Tes uch Woi conditions,, then Owner may order,the portion'of"the'Work, that is�in the area'affe0e I d,by such condition to be deleted from the Work. IfOwner and Contractor"canilot agkee,as to'entitlement to or on tlie� amount of extent, if any,,,o'f'an adjustment in Contract P,rice or Contract Times as a result of deleting such portion of the Work, the:n 'either party, ''may make a Claitil, therefor as provided in Parqrapb,10.05. Owner may have such deleted portionof the Work performed by Owner7s own'force§,or others�in.accordlAhce wi I th Article 7� G1. TO" 'the fullest extent Permitted by L,"d,�v,'�,�'an'd,''R'&gulation�, "ONViief,sh 4fy and, hold 411 indomm harmtess C04itt-aOorj Sbbuintrkt6rs, 'and Engibd6f, and'' the ,offii�ers, dir6c(ctis, ,members,,,' partners� employ ge a rits, c6iistlItantsi-aild,subcontrdetors of each `46d any of them,from,,,and, against all claims, costs,; losses,and damages (including but not li 1 1 mito,410 all feesand,charges of, engineers, architect,,,,,,, attorneys, 'and oth" professionals,, and, all, court, or arbitration, or piher er dispute, resolution costs) arising, out of or relating "to a HazArd6,6,��, ,Enviri)niii�tital, Condition, providedthat such Hazardous Environmental, Conditiow s no - in,,the t q �hown or indicated wa, Drawings or,Specificaiions or identified intfie'C6h S:to be'inclUded, within the tra:ct Doc' umprIt scope of the Work,, an1d,(1i1i) w4s� not cretitodby Cont actor or by any 'hom r e�for, W Co,,T)trac or is responsib)o� Nothing,irijhis P4r4grap4,4,,'.06'.,Cj shall obligate,OvVner�to indernnify any individual or entity fioni and agains"t'tlie,c'oj)sequelli�es of that individual's or enrity's�own,ne, Jigence, 9 , EJCDC C-700 Standard General Conditions,'of the(,'9jj$trucjjon Contract Copyright C)2007 Ninional'Socieky of protessipnal Pngineem for EJCDC Alt rl,ghts resOrved. Page,IS of 62 i C fmeet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 1 . ��'t�efit�crr s't� "�dasarr-ance A. Contractor shall deliver to Owner, with copies to, each additional insured and loss payee p py 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 k 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 land other evidence of insurance requested by Contractor or any other additional insured) which Owner is acquired to �. purchase and maintain. i C. Failure of Owner to demand such certificates or ether 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 Contractors obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. F. The insurance and insurance limits required herein shall not be deemed as a limitation on z Contractor's liability gander time indemnities granted to©rimer in the Contract Documents. 5.04 Contractors In.yurance A. Contractor shall purchase and maintain such insurance as is appropriate for the World being'; performed,and as will;provide protection from clah"ris set forth below which;may arise,out of or result;frt�m Contmetor's performance,of the Work and-- `ontra�ctO't!s other,obligations under the Contract'Documents, whether it is to be,pei formed by Contractor, any ,Sub;contractor or Supplier, M or by anyone directly,or indirectly.employed by any of them to pefform any of the Work,, or by anyone for whose acts any ofthern may be liable 1, claims under workers' compen'satitin, disability benefits„ and other simifar employee bexnefit acts;. 2. claims for damages because,of bodily injury, occupational sickness or, disease, or death of Contractor's employees; i I claints,forAlamages because of bodily injury, sickness or,diseaise-,air death of any person other than ontractor's ernployees; 4, claims for damages insured by reasonably available,'personal injury liability coverage which are sustained: QC DC"G-700 Standard C,eneratC onditionx of the Construction contract Copyright 2007 National Socioty of Proft"Wonal Engineerss for 1JCDC'. All right merved. Page 17 of Cat r t 5.05 Owner:4 Liabilitia lnsw,-ance A. In addition to the insurance required to be provided by Contractor under Paragraph:5,04, Owner, at Owner's option, may purchase; and maintain at Owner's expense Owner's own liability insurance as will protect Owner against-claims which may arise from operations under the Contract Documents, t 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the 'Fork 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, 1. include the interests of Owner, Contractor, Subcontractors-, and Engineer, and any other individuals or entities identified in the Supplementary Conditions,and the officers, directors, { members, partners, employees, agents, consultants, and subcontractors of each and any of I them, each of whom is deemed to have an insurable interest and shall be listed as a lass payee; 2 be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework and materials and equipment in transit, and shall insure against at least the fallowing perils or causes of lass: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, f water damage(ether than that caused by flood), and such other perils or causes of loss as may be specifically required b y the Supplementary Conditions. t 3. include expenses incurred in the'repair or replacement of any insured property (including but I not 'limited to fees and charges+ofen in erg 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,,Payffier t rccommendeed,by Engineer; 5. allow for,partial utlli ation of the 4 arrk,`by,Owner; 1 Via" ant, T, be maintained in eft, t t lentil final a xrierit f s madxu trtrle i; otherwise a r w•` ' p ? g � �to 1n x lung y. C3 vner, C9ntraetC)r, ar�tl engine r witK A days written notice to each; a)ther 16s payee to whom a crtifrato cxf ir�:iva arxx lra�;kteen i�;sued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be °,,qpire d by the Supplemontary`Cohditions or Laws and Regulations which will include the interests of`' wager, Cortiractof, 0bcontract6rs;and, Engineer; and,any gather individuals or`en6 es identified in ihe> iup l,ementixry Conditions, anii'tlfx' officers, directors, FiCK!C-700 Standard'Gtncral t:"oinditi+ans of the CWonstructinn Contract C>o0yright: 2007 National-Society of Prortsionai x ngin rr�for FJC?K. All rights r recd. Page,19 of 62 I. loss due to business interruption, loss of use, oi- other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting froni fire or other perils whether or not insured by Owner, and 2. loss or damage to the completed Project or part thereof caused by, arising out cif,,tar resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, oi- after final payment pursuaritto Paragraph 14.07. IA 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 Conti-actor, 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,qf Insin-ance Proceedv 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 requirenients of any applicable mortgage clause, and of Paragraph 5.08,B. Owner shall deposit, in aseparate aCCOUnt any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no otherspecial agreement is reached, the damaged Work shall be repaired or replaced, the moneys, so received applied on account thereof,and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall'b4ve,00wdr to adjust and settle any loss"with the insurers unless one of the parties in interest shall Object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. 'if such objection be made, Owner as fiduciary, shall make settlement with the insurers in, accordMicle, witli, such agree anent as; the panie$, if1riterest may reach. if no such agyeeniefit among, the parties in interest is reached, O'w 'er asAduciar'y shall b p aqjiist an'd',settle the, loss with', the' iris ro ' and req ire in writing y a patty in interest, r tbd proper ormaric, f's Owner as fiduciary*;hall give bbnd'f -o e 0 uch duties. 5.09 A. If,eitfi& net car oritracttar has any,Obj' of ec6oh io,'tfit�c0erago b"' Ji of"y" i, ffiel'b' "d o,�,e,pure u on! s prinsw�nce�T A V �o,t 0,'r'p'1,f,Y,,in,"acoordane'ell 7,, I W tJiArticI1P,'5 tin'h:the,,bisj,sof noii-cod, 7 the 0t:lerp t if s at ie�, e pt`of, the cet lea tes, (()r,'6tfic r evidence re ques ted) requit e d'by Paragraph RJOwbef,'arid Cbht" eh, ,i, ractor.',sha]'Llt� 40 to pro the, (,)t her, such additional; fib, maiion;"in re.'ipe0t, 'of 'th'e,',,,,'gather' in , may, reasonably request, If either party, does;rat P Of We or maintain all of th6.,,bon �And insurance required cif sttch, party q_trall in the other party Nyiithig, 6f,such f'faijure�,to purchase,prior,'tea flee start of"," "bf such"fil iltire'fo,maintain the or a, Y W it ho p u er,,,ri gbf,,pr rc-medy,"'the ior to io,the i ho t, J dice,,to,ally fir ,,,,an change i,, overage� other party may elect, to 'obtain equivalent bond or insurance" to p rQ feet' such, other party's- FJCDC of tfiKo1WJ*ciio6 Contract Copyright P 2M7 NaflotW Sarcjety of Professiorhal En i r r, , 'C c' rights re*ry d' g, neers 9 Fj 1) . All k Page,21'or,62 J B,, All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents, All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer Contractor shall furnish reports of required tests as) satisfactory evidence (includin repo g 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 2.0:7 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 on ly be made,by a Change Order. 6.05 Siii stituta,w and "Or-EquaA A. Whenever an item of material or equipment is specified or described in the Contract.Documents by using the name of a proprietary item oi-the name,of a particular Supplier, the specification o r description is intended to establish the type, fun' ,ction�, appearance, and quality required: Unless the specification or,descripti(,,),n c Mains or i i�6 I I '0 ' IS,followed by wk,)rdS,fei'tdihg,that no like, eqpivaleDt, or of-equal" item, or no ,substitution is permitted, other items of a 1 of, m''terial Or equipi-nent Or material or equipment of other Suppliers may be submitted to Engineer for review, under the circumstances described below. "fir-F;qwV Item,v: If in'Engineer's,sole discretion,an itern"ofmaterial,or equipmentproposed by Cbntractoris furictionall equal to that jurned.,"and�y q sufficiently similar so,that,in , 'h o,change ange,in related;Work, will be required, it natty y�"'b d" "Pkine ifern, in q, eons, 'ere, bY,E ngirieer's soe I whicIt)casc,re'View 'arid approval of the prop,,s, 'd,it tilo,,,Y, ffi,"�� I Oks etion, be accomi'lished, without compl ttnc with ,,some: or' all Of'A the tmen ts for app I,"Wal, of proficis'16d subs"titute, items. V6r the ,purp of �6 ,ps s this'Para h 5 A' material ore 'Paragraph a�proposed mater ipment V0,11,be conside�red,,functionall,,�,equal,to ah item so named,if". a. in the exereise,of re4Soqat)Ie,judg meat,'Engifteer defertni neq,that. 1), it is at least, equal in 'Materials of construction i ,, quality, d6rability, , appearance, strength, and,d'es,ig�,chai-actetjstics; FJCDC C400 Standard Generai'Conditions of tbc,Co Copyrigbt(D 2007 National Socickv,ofProiess ona)Poineers ram r EA Page�3 of 62 _W. All rightN,reserved. 1 1 1 ci whether incorporation or use of the pl-oposed substitute item in connection with the Work is subject to payment of any license fee or royalty l 3) will identify. a all variations+cif the proposed substitute item from that,s specified,� p p pee [, and b) available engineering, sales maintenance repair, and replacement services; and f 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. E. Substitute Construction Methods or, Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequenced or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evui'racrtion. Engineer will be allowed a reasonable tirne within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.65.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until; Engineer's review is complete, which will be evidenced by a Change Corder 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 Carcarantlee° Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety,with respect to any substitute. E. Eii itleer^s Cost Reimbursement:ent: Engineer will record Engineer's costs in evaluating 4,substitute' proposed or,stubm.itted by Contractor pursuant to Paliagraphs 6.05,A.2 and 6:05.13. Whether or not Engineer, approves a, substitute so proposed or submitted by Co0tr4etot, Contractor shall reimburse Owner for the reasonable charges -of Engineer, for, evaluating each such, proposed u substitute. Contractor shall alsct reimburse !owner,for the reason Ale charg,6--of Engineer for making changes in the>Contrtct Coeur efts f or in the prt�uisirrns-of;any other direct contract;wvith ,Owner'), ,froth the,acceptance of each,proposed substitute. i E. Conlravltat , ,l-'tper se: Contraetorshall provide all data in su�a�olt of any proposed substitute or "or-equal",at,Contractor's expense. 6.06 Concer-ribI Suppliers, atr4tQtJters A. Contractor shall not employ any Subcontractor, up, ieu, ear ether individual or entity(including, those acceptable to Owner, its indicated in Paragraph, 6,06.0,)y, whether initially of as a' replacement, against whom: Owner may have reasonable'' objection. Contractor shall not be EJC Dt C C-700 standard C:eneral Conditions oftlre C'omtrurtion ."antiact Copyright 2007 National+sodety of Professional Cngipmrs ror F.JC DC, All rights reserved. Page 25,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, oi-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 F(es and Ro wlfles 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 oi• copyrights incident to the use in the performance of t resulting from the incorporation in the Work of any invention,des' be Work oi- P design; rocess,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,m, embers; partne fs, ebiployees, agents, consultants and subcontractors of each and any of t h en fi-om and,against all,clairris, costs, losses, and darii ages,(incloding but riot limited to altfees,,and,charges of eii'ineej-',s,,'archit,c�'ct,�,, attorneys, 9, 1, and other professionals an'd,all,court or other di ute,reso,tut I ion,c9sts) arising out of ri , "Sp, or relating to any, infiingement, of p4 lent rights or copyrights,, incident -e C _t to the use in, the, performance of the Work oi- resulting from the Jnco' in the I Work of any invention, rporaflon desigh,proces,.s'pf6duct, or device not sped P4,in the Contra et Doc' (5.08 Permits, A. Unless otherwise provided ipi'llie'Sup of* n and pay,,,for plementary Cohditi Co' tr to sh chain a all cbristrUction permits and,, h;' 'shall assist:('on itaett)r, wh6 necessary in obtaining I s ,w, er S t such pero•fts and licenses. Qbnfr4ptor Shall pay,,all 0, men verrif , tal charges and, inspection fees necessary for the Prosecution of the'Work which are, 1i 'id 4ppc4ble,attbetiine,of�openingof'B s,or, if there arerio gids,,on the E ff dive date of the Agreement,,., Owner ,of utility 0 shal I pay all charges owfiers for connections for providilng p tianen, ser�ice,to th �Work, �rt t I e EJCDC C-700 Standard Gent rat;Conditions,of,the Construttion,Contract Capyri ht 0 2007 NationalSociety of Profes ' 9 siona)Engi vas us for FJCDC. All rights reserved. Page 27 of 62 1 by any such owner or occupant against Owner, Engineer, or any other patsy indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. t 1 B. Removal rte' Debi-is During Perfnrrnanee of the Work: blaring the progress of the Work Contractor shall keel) the Site and other areas free from accumulations of waste materials, rubbish, and ether debris. Removal and disposal of such waste materials, rubbish, and other debris shall conforrn to applicable Laws and Regulations. C; Cleaning: prior to Substantial Completion of the Work Contractor ;hall clean the Site and the Work and snake it ready for utilization by Owner.At the completion of the Work, Co,?ntractor shall �f 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,, Looefing Structures: Contractor shall not load nor permit any part of any structure to be loaded its any mariner 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 Carders"; and written l interpretations and clarifications in good order, and annotated to showy 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 Sqp,i ,and Protection f, A. Contractor shall be :sanely responsible for initiating, maintaining and supr�risi�rg all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of person; err property in the �rforrtrance of f their work, nor'for compliance With applicable safety saws and 1 egplations�. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protectio q to prevent damage,irijarry,or loss to: 1. all persorys 6,ri the ite or wwyho„ ri ;tie at"f c feel !thdVork, all the Work and rnatcrials and gquiptnent to beJ ncorportit :l therein,whether in storag on or off the Situ and other �p�roperty, at the Site or, 4d.jacent thereto,' 'in di tr°ees", shrubs, lawns, walks, pavement < roadways; structures, 'utilities,, and Under gJtnd Facilit°es not designated for reran val,relocation, or re laacetnent"irw"thL course cif c anstritcti6. B,. Contractor, shall comply,with all applicable,Laws awes and Regulations relating; to, the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and A FJi(Tt,C-100,StaMndo rd General Conditii)n�of the ei)nsiruvwn c'onrr a'd Cop yri&06 2aNr7 Engineers,rot EJCDC. All rights re-eared. Pa c 2I or tat required because: of the action taken by Contractor in response to such an emergency, as Work,. Change Directive or Change Order will be issued. 6.17 Shop Draivings and Sainples 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. 1. Shop Di-awings: a. Submit number of copies specified in the General Requirements, b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions,specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Conti-actor 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. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data a� Engineer may require to enable Engineer to review the submittal for the limited purposes required eq ired by Paragraph 6.17.1 . B. Where a Shop Drawing or Sample is required by the Contract Documents or the, Schedule of Submittals, any related Work perfornied prior to n, review,and approval of the pertinent submittal will,be at the sole expense and ropons I ibiljty of Contractor. C. Subrifittal Pn)cedjIre$: 11. Before submitting each Shop Drawing oi-Sample,Contractor shall have,: a. reviewed,and,coordinated,each SbOpDrawing or Sample;with'other'Shop Drawings and Sarriples'aad with the,re -eftictits, I the Wort quit, 'Of th 0 and the CofitrLictth)e'uinelit,,S; b. determined, and 6pfied all fiefme4,s*PMdnts'; 'quantities',,' Jim,&ii'sions' spOcirfit'' ed, performance and design criteria, instalwoon, reqqirerrients, m 4tpr s ial, b,, catafog' nurn ers, and,similar information with respect thereto; c. determined and" "V&ified 'the-kuitabifify'-'Of' all materials, offered with re spect to the indicated 'fication'; fab 'hipping,; handling, App _ritation, s, storage, AssohJbly,aJid installation pertairiifigio,the performance cif'the:,WWoA;and d. determined and verified all info,mtigtion relative, to Contractor's, responsibilities; for means, methods, techniques, sequence,,,,,, and procedures, of construction", and safety precautions and programs incident thereto' OCIX,C-7QO$taudard GenerW,Conditiotis,of tbeConstrOijon Contract Copyright 0 2007 ,'Nm tional Society oUPro&sslonal*nginetry for F,JCDC; All rigWrewrvieJ. Page i: or 62 i I. t ,19 Contr^a:c(or's General W ari-ano,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, mernbers, partners,; employees, ;agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. 6 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 t i I . normal wear and tear under normal usage. t 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; . recommendation by Engineer or,;payment by Owner of any progress or final payment; I . the issuance of a cet i cote of substantial Completion by Engineer or any payment related thereto by Owner; 4, use oi°occupancy of the Work or any part thereof by Owner; 5, any reNiew and approval of a Shop Drawing or, Sample submittal'or the issuance of a notice of acceptability,by Engineer; I� 6, any inspection,test,,or°approval by others;,or k f f T any correction of defedtive,Work,by Owner. t 6.20 hlde otifa(gt on, t A,� To the fullest, e,xtent peimiitted ,by,,�ws;and e ulaf ns,, Co rrtr41ctor shad ntnrl :and,hold harmless Clwnet~a d l rr atreer, artd;th otfr ers diu ctors members, partners, mployees, agciats, j cc nstzltttrits and strl arrtr;ctra s df loc tnd;tiru f tl rrx ft ir�t and tr alrrsl �tll cla' s, rants„ losses„ and damage,,,,,,,(includiiag,but not limited ui,alfie,s anti dhar e,of en ineer`i; architect, attorneys, and other professionals and all court or a'rbiiT4t,6n car other disputd,resoldtioi costs arising��ut e�f 'or relatirig to the,performancd:of the'Work,,provided that any such dlaim �eosl,lrass�br c�ama e,is (' attributable-to bodily injury; sickness, disease, or death,r',40`injury, to ordestr ctio of ta gjble prbpetty bother than the orl itelf , inludin tkt loin of use restrltin therefrom knit dial tea the extent caused by any negliggaltact or omissttin of Conttacttrr,any tibcontradtor any trpplidr,or any, individual or entity directly of indiredtly-ern toyed`by any dt' them to oerl`, any (af'the Work or'anyone for whose acts any of them tnay be liable, WCO f:-760 SWai dar r Genera l,'C onditions of the,Construction C"oniract +harpyrig,ht4)241117 National Sttciky nrPrat ssioroaMh#finer^t`nr,P3 C,. Arkrigiats rmscrvec1. Piet 3 3 of 62 E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Conti-act Documents. ARTICLE 7—OTHER WORK AT THE SITE 7,01 Relateel, Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work perfon-ned by utility owners. If such other work is not noted in the Contract Documents, then: Ih 1. written notice thereof will be given to Conti-actor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount'or extent, if any, of any adjustment in the Contract Price or Contract Tirnes that should be allowed as-a ff result of such other work, a Claim maybe made therefor as provided in Paragraph 10,0 . B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees,proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching! of the Work that may be required to properly connect or otherwise, make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work- of others by cutting, excavating, or otherwise, altering such work; provided, however, that Contractor may cut or alter others' work, with the written consent of Engineer and the others whose work,will be affected. The duties and responsibilities ofContractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners,and other contractors. C. the proper execution or results of any part'of Contractor's,Work'depends upon work performed by others under this Article 7, Contractor shall inspect such other work, and promptly reportto Engineer in writing any delays,,defects, or deficiencies in, such pother 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,fbdatent defects and de ciena ies in such other work 7.02 Coordination, A. If 6wher,'intends,to contract witfi;,others for,th&pe'rformitkn6e,of other work,on the Pro �ect at the Site,the following,will be set,forth,l ih,"'Suppl6nentary C'priditions- 1. the individual or entity who ;will hkvo,4uthority,and responsibility,,for coordination of the activities among the various contractors,will he identified; 2. the specific matters to be covered by authority and responsibility will be itemized;and 3. the,extent of such authority and responsibilities will be provided., EJCDC C-700,Standard.GeneratConditions of the construction('�ontract Ci)p,�prigbt(D?A)07Nationat'societyorPr4w M."j�uaJEng'invvrs for EJCDC, Alfrigliurmrved. Page M,of 62 I 7 1 �} 8.07 C"lactrrge Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10,03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tuts, and approvals is set forth in Paragraph 13.03.B. I8.09 Lindlations on Owner's Resj)onsibilities I' A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for; Contractor's means, Methods, techniques, sequences, or procedures of construction; or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 UndisClosed Hazardous Envirf nni-entat Condition. A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence v f`Financial Arrangements A. Upon re q uest of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been rnade to satisfy Owner's obligations under the Contract Documents. 13,12 Compliance vvtth Sqfity Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owners R(Iar1gvenhith e r A. Engineer will be Owner's representative during the construaction period. The duties and responsibilities and the limitations of,autbority of Engineer ,as Owner's, representative during construction are set forth in the Contract>rocuments. 9.02 Visits to Site A. Engineer will make visits to the Site,at intervals appropriatte to, various stiages of constructiola as Engineer deems necessary in order, to, observe as an e perienced and' qua lif d design pr 6fessional the progress that has been made and the gp4lity of the various aspects of Contractor's,executed Work, Based on information obta ned during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work I. proceeding in accordance with the Contract Docurnents. Engineer will not be required to make exhaustive or r E CDC'C•700 standard General Conditions,of the Construction contract Copyright c ?A)07 National Society of Professional Engineers for 1EwtC3awG". All rights reserved. 1'age 37 or 62, 9.06 Shop Drawings, Change Orders:and Pa.yrneni s A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with ' Ent ineers authority,utnorrty, ,and limitations thereof, as to design calculations and design drawing; submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. in connection with Engineer's authority as to Change Orders, see Articles 10 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see,article 14. f 9.07 Dete"nirncation for Unit Price Work, A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor, Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed'factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements gf'Co ntrcact.Doc°unw nts and Acceptability c?,t Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of,the Work thereunder. All matters in question and other matters between Owner and Contractor arising prier to the date final payment is clue 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 i of the event giving rise to the question. 4! 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 t Contract Price or Contract Times or both,,a Claim may be made under.Para gz°aph 10.05. The date of Engineer's decision shall be the elate o.fthe event-giving rise to the issues referenced for the puirposes of=Paragraph 110.05.& 4 C. Engineer's written decision on the issue,referred will be final and, bin an ;,one (9wrier and Contractor, subject to the provisions of param h 10.0. D. When iinctioning as interpreter Arid Jud e under this Paragraph 9'.08, Engineer wilt,not show pailtio l;ity tq Owner or Contractor and,vi ill of be lialnl :itt connection with any interpretation or decision rendered iii good faith in,such capaeii r. 9.09 Lirrnilatio n. on.,Enginvers,Ar thdritt+ A. Nei tiler Engineer's authority, or responsibiilityurider this Article 9 or,under, any other provision of the Contract Documents nor any decision made by Engineer m goodfaith either to exercise or not k JC',DC C-70 standard General Conditions of the constuudi0fi contract Copyright 0 2007 national Society of t'rofe ,ioniil Engineers for EJCDC. All rights,resserwed. 1`409,d 62 i 10.02 Unauthorized Cluinges in the IVork 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 cage of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D, 10.03 Erecution 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 10,01.A, (ii) rewired because: of acceptance of defective Work under Paragraph 13,08.A: or Ow✓ner',$ correction of defective Work under Paragraph T 3.09,or(iii)agreed to by the parties F 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sung or amount of time for Work actually peltormed in accordance with a Work Change Directive; and 3. changes in the Contract .Price or Contract Times which embody the substance of ally written decision rendered; by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations,but during any such appeal; Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph,6.I,8.A. I 10,04 Notification to Sure yr A. If the provisions,of any bond rewire notice, tp,be given to a surety caf any,ehange affecting the general, scope of thew Work, or the provisions of the Contract Documents (incluing, but not limited to, Contract Price or Contract,Times, thtw giw ink of"ally such irotice �vvill be' Contractor's responsib'llityw The amount of'each applicable bond will be adjusted to reflect the effect of any such change. 10,05 C"lcahns A. E) irrc r^: i c e P rtarr a ci trirc : All--Claims,; except tease waived pursuaant to Paragraph 14.t1 , shall kae referred> td%the Engineer for detilon. A 'deciiaan by Engi>terha�l b `reuired as a conditiort precedent to any exercise by Owntdr oi"Contractor of any;rigbts gar r nledies either M,ay otherwise,, have under the Contract,D16cumcnt� or bar 1��wws and fie �llatioils in;rt�s}aect��f sue h lairns. t E. , otiii e.'written notice stating the general,nature oaf cu h laini sh ll be deliYerecl by"the claimant to Engineea°andthe ether party,to the Contrac ,prfarnptly Gaut in no event later an 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 o�fthe: Claim, with supporting data .JCDC CMalt*aand'ard General t'+nr iihuns of the Congtruuttion t-' antraCt G.npyritht @ 2007 Nittiarnal Society 4 p^raut'es+M nal rtigine0s rcpt'E JCDC. All rights rm—rved. 114re 41,of tat p I. Payi-oil costs for employees in the direct employ of Contractor in the performance of the Work under- schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without Limitation,; superintendents, foremen, and other personnel employed full time on the Work. Payroll costs foi,employee:, 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 cast 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 perforating Work outside of regular working hours, on Saturday, Sunday,<oi-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 finless 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. f 3. Payments, nciade by Contractor to Subcontractors for 'Fork performed by Subcontractors. if required by Owner, Contractor shall obtain competitive bias 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 ''Fork 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 i ervice; s p ecifically related to the Work. S. Su pp lemental costs including the folloWin g , z a. The proportion of necessary transportation, travel, and subsistence. ,expenses of Cotttractor's eiiiployees,incurred in disclfar e (duties c6nnected'with the Work. 1 la. Cost, including tr4nsportat ort and, mitii tenitnc> , 0f all rnatertals, tipplies, equipment, machinery; applfancc y, office,`and` turd acrf«u f6ciliti �`at tCie Sits, attd bane( tools not owned by the worlcews, which are cotrsurned in to performance,of th ork,, and cost,' leas m' t, Value, of'such fteiris used tit neat e nfed �Vltich to Haiti the Property, of Contractor. l, c. Rent,*Of 411 construction equipment rind nriachincr nd;the parts thei eof'whcther rented from'Contractor or others in accorda*e worth rental agreements approved by Owner with the, advice,, of Engineer, anti the casts of�transportatiori, loading; ttufbadin, , assembly, dismantling, acid removal thoreof. rill such cosh tihail ire-in at corrlance with the term of PJC'DC G700 Standard General C"ondi6img or the Construetitin contrad tmpyright Gx 2007-Nationai'Smiety,o Piof6%iona[,P�hi„inters r"or EJC DC". Arr.rights,reserved, Pagan 43,pt 62 i { limited to, the correction of defective Work,, disposal of materials or- equipment wrongly supplied, and making good any damage to property. 1 5. Other overhead oi-general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs I LOLA. i C. Contracoor 'v Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee fshall 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 Cast of the Work, Contractor's fee shall be determined as set firth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work'for any purpose is to be determined pursuant to Paragraphs II OLA and 11.01,13, Contractor will establish and maintain records thereof is accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allort onvc.r: 1. Contractor agrees that: a. the cash'allowances include the cost to Contractor(less any appalicable trade discounts)of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and �I b. Contractor's ousts for unloading and handling; on the 'Site, labor, inmallation, overhead, profit,and other expenses contemplated for the cash allowances have beer, 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. Cowtingettc, Aflowt tince, 1. Contractor atgivees; that a co.nti'n ncy atlowwWanCe, if airy, for the soleuse,of Owner to :over unanticipated cost;. D, Prior to final payment, an appropriate Change Order will bejlsstiedas recommended by,Engineer I to`reflect actual amounts drag Contractor,on account of °curls,, covdred pry`allowances, and the Contract Price;than be coitespond%n ly adjusters. 11.03 UhitPkiceWork A. Where the Contact l�rtcunr, nts pt-ovide that all tar past of the Work is tra be Unit Price W(>rk, initially the Contract Price will be deemed,to include br nil Unit Price Wrack an amount equal to EJC DC C-70 Stan dared°(,tncTat�Condlitions of the Construction Contract Copyright CO 2007 National Society,of Professional Fnglneers=for KJC"i3C. All rights rtserved. Page 45 of 62 f C. Contractor's Fee. The C"Oaatractor's fee for overhead and profit shall be determined as follow 1. a mutually acceptable fixed fee,of 1 2, if a fixed fee is not agreed capon, then a fee bared on the following~percentages of"the various portions of the +Cast of the Work: a. for costs incurred under Paragraphs 1 LOLA.1 and 11,01.A.2, the Contractor's fee shall be 15 percent„ b, for costs incur-ed under Paragraph 11.0 I.A.3,the,Contractor's fee shall be five percent;, c. where one or more tiers of subcontracts are can the basis of Cost of the Work plus a fee I' and no fixed fee is agreed upon, the intent of Paragraphs 12.0I.C.2.aa and 12.01.C.2.b is that the Subcontractor who actually perforrris the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor tinder Paragraphs 11.0I.A.1 and 1 1.01.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. net fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4 11.01.A.5, and'11.0LB; t 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 talus at deduction in Contractor's fee by an amount equal to five percent of such net decrease;, and f. when both additions an d credits are involved an any, one change, the adjustment an C'ontractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.0.2 a through l2 0I.C.2. , inclaisive. 12. 2 Change cr,�"Conlrtrc t Tirnes A. The Contract-Tinto;; ma ont be chap god, b 'of Change Crder. An Claim f a y y - , y or, ac}pstment in the Ccantract Tirraes shall be based on written,notice submitted by the party anakirt the Claian to them ire r and the other party to lh Contract in acctaidant � itln the t ro a�;iun,,of Parag a°a ph 10-0.5. Any adjnstntent of`the Contract Titres covered by a Change Order of, an' + laaim fair, an adjustment, in;the Cgptraact Tatra; will be d tennirtod lrt tacet�?rdanc� with the a° wisicans of this; J pp 1 Article t2. 12.03 1. c�la .v A. Wh r Ciantratcfor is prevented from coiatpleding; any part rff the l orl within the Contratct Times date 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 Claina is matde-therefor as pt>c vtded in Paragraph, 11.0..A. belays beyond the control of Contractor shall, include, but not be, limited tit, acts or PjCD 79a i� lnd rd ;Kfn�raa j►cV�tefan rthc°fi n trti�cCaa�ra 'ar tact Copyright 0207'Nofional$(wiety o Pr9k$sj n'afFngintvrs for Z1L"t C. All rights reserved. I,,a a 47 of 62 l 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 13.03.13 below- I2. that casts 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 I 3, as otherwise specifically provided in the Contract Documents. 1 C. If Laws or Regulation; 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, 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 'Fork (or the work of others) that is to be inspected, tested, or approved is covered by j Contractor without written concurrence,of Engineer, Contractor shall, if'requested by Engineer, uncover'such Work'for observation. R 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. r 13.04 'rc;t�irt iir, ll rtr . A. If any Work is covered contrary to the written, request, of En i'neer it trust, if re uested by Engineer,be uncovered for Engineer's observation and replaced at Contractor's peri�c 13. If Erag,%fieer eons'Wers it no,' sary or advisable that e6verei '�orl; °be tabtervetl b Engineer or inspected" or' tested y others; Cbniractor, at ri ineer's request, shall- uncover, exposen or otlterWise- make available f,6r''6bservaation 'iitspection, or tesfing'as Engineer may regtaire, that pair"t]on of the Fork in question, ftaratishin all necessary labor, iri aterial,uttd ogaOpmerit. 9 a a=,9CD(;C-70aa Stauadnrd°frenerap trtonditagns of,(be C"onstrueaion Corttract , Copyright CM 7 NationalSo�cigv of Proflcssional Vngineers for f?.fOC.. All rights rescmd. Page,49 of 62 i L relrair suclr defective,land car areas; or . correct such defective Work;or 3, if the defective Work has been rejected by Owner, remove it from the Project and replace it p with Work that is not defective, and 4. satisfactorily correct of--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 Wor-k directed or repaired or may have the rejected Work, removed and replaced. All claims,costs„ losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and ether professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement(including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor, u 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 rain 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 11117,the correction period hereunder with respect to ( such Work will be extended foi-an additional period of one year,after such correction or removal and replacement has been satisfactorily completed. F B. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty, TbP previsions of this, Paragraph 13.07 shall not be Construed as,, a substitute for, or a vaaiver~taf,the provisions of any p1jeable statute,of litnitatiora car repose. t A 13,08 Acceptance?of Dejiecfive Work, A. If, instead of requiring, core- tibfi,or rem,oval, an ct reply rent of defective.,Work,, Owner,(and; f prior to Engineer's recommendation of"l°ir al payment, Engineer,)prefers to accept it, Owner, may 1 de so. Contractor shall pay all claret , c ost,�s, looses, and damages iieliidirtg but not lint3ted to`all fees and charges of engineer,~, archrte, t s, attcaraeys; and gather prele5itira�rls and all court, oa° atirl itrat on ter, other �dt iutte resolution co tsy' rrttributal l td ` letter„„' e,valtiatfon of and detettrtinaticae tt tae ept ,uc`la d fectiti�e, 'Wet,* (suers eosts to be it proved by Engineer—as to M redsonableness) arld fo i the dint i aslte value +nf” the 4' car to the tent riot odler say �atlld by trntracttir our tuiarrt to this setuten 0- lf” ally such aeceptance occurs prior to 7n, ins,er' rec:ornmen4tion of final payment, at Change Order will be issued incerporat.in the,necessary, r revision's"in the Contract Pocuments with respect to the,"fork" and) Owrrpa shall de,:entitled to an appropriate decrease,in the Contract Price., reflecting the°diminished,vAre,of Work so accepted. If the parties"are,unable to agree a to"the amount,thereof,—Owner may make as Claim therefpr as provided in Paragraph,ail aplr l,Cl.CI : if fife acceptance e caccaza s atfter saaeh recarn aendaticn, an axppr°trlr late amount will be paid by Contractor to t�wla r: 3 EJCDC!C-70 Siaiidard Genera[Cnnditinns of the C onstruction Contract Copyright C 2007 National soc ety ;r Prrttes ional Miginm.rsJoi F.JClJC. Alt"riglitsresered. ' Page 51 of 62 N 1 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 I1 equipment are covered by appropriate property insurance or other arrangements to protect Owners 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. y i 3. The amount of retainae with respect to progress payments will be as stipulated in the Agreement. B. Review of Aj7plir,a ions . I, 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend �J payment. In the latter case, Contractor may name the necessary corrections and resubmit the Application. 2. Engineer's reconarriendation of any payment,requested in an Application for Payment will coiastitute a representation by Fngineer to Owner,, based on Engineer's'observations of the j executed Work as an experienced and qualifies design Otofessianal, `and on Engineer'w I review of the Apptieation for P4 mebt aril the accompanying data.ai d schedules, that to,the best of Engineer7s knowledge, information and belief: a. the Work has progressed to the point indicated; K the quality of,the Work is,generally in accordance with the Contract f7cicurnents tsub*,t to an e aluttti(an of the ' lurk as a funetioning wh le pi~ittr tta tar upon Substantial tial' Completion, tree results of and subseyue"nt tuts called for in;tti ctntiact I�c��um nts, a final determintation of quantities;attd elassitication br Unit Price Work under Paragraph 9.,0 ;,and ainy otl,ier tt,thfi,cal,ioo,s stated in;tba-`rmormmendatiorl l Burn± ; c. the'coxiditions-precedent to contractor's tieing �lttitt d to st�cit pa�rrri nt appear to,bave been fulfilled'in so far as it is ti i eei' re p irisibiltty tt obw rrre the"'w orL 1 By fec6freffiending any such ,p yn%ent ;Engineer, will nut thereby,,,,,,,,,be deemed to ,have represented that; i a. inspections made to check: the ttality or the quantity of the Work, as it has been performed have been exhaustive„ extendexl to every, aspect of the Work in progress,-or, EIJ(Di _-6700'stmdard(icnar4('ph'ditigos°or(be;,Constiuction�t:ontra ct Cppyright CC)2007 National g`twietyy ofYr�►fe Nkinat Engineers for EJCDC.All rights r( rvtd., F1age53,6r 62 i I I hD: Reduction in Pcayment. I. Owner may refuse to make payment of the full amount recommended by Engineer because; a. claiuris have been made against Owner on account of Contractor's performance or furnishing of the Work, (f b. Liens have been filed in connection with the 'fork, 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.E 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 �4 adjustment thereto'agreed'to by Owner and Contractor,when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined ny, Paragraph (' 14.02.C.1 and subject,to interest as provided in the Agreement. 14.03 Contr'aom,s, W aa^X^c n4,n f Title A. Contractor warrants avid,guarantees that,title to all''Fork, materials, and equipment covered by any Appliceation fOr Payment, whether ineor�pdr4ted in the p`roject'or not, wilt'p4ss to Owner no later than the time,of payment free and clear of all,'Liens. 14.04 Sr+bwanti al Completion A. When Contractor considers the entire W rk, ready for Jts intended use Contractor shall notify Owner and En sneer in wrltrn that the entire Work rk 1s substarttrally�'Pmp��te� � pt fo dtel�� .. ............ .... pdcifically listed y Cairlti°ai;trir as ncomPlete aftd reque st that Enginr issue a crtifDeate of i ubstantiall C"ornpteti0h'. i B. Promptly, after~ Contractors; riptitieation,:=Owner, Ccarrtractot, and En irteer' shall make an inspection of the "!w ork,to determine in the status'of"corm 1ptlon. If E gib e'er' o s not:cozrsi er the Work, substantially, c,Omi 1pfete, zri ineer' will notify, Contractor,in'`wrdtin; ; ivin, the reasons therefor; C; ff Engineer considers the Work,subslanti'41 y'colm,p et e, En meet will deliver to Owner a tentati-�e certificate of dbstantiat 'ortipletion whi&shalI£i thee,date of Substantial,Completion. "f`here shall be, attached,to the certifloate ,al tentat=ive list of items to be cormpleted,or° corrected before ocne(':*)Sta mclird(,enerai Gnwdit4m Mir the C'.ongruction C mtrac•t. (;crpyrigtat(DZ67 National SoOety of Professional Pngit eersa liar I+v,1CD(,`'. rail rights reserved. Page 55 Of'62 4. No use eat°occupancy ear separate operation of part of the Work may occur prior to compliance with the requirements of paragraph :5.10 red arding property insurailice. j 14.06 Fi eri lrrspec°tion. 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;ins inspection reveals Is that the Work is incomplete or defective. Contractor, shall immediately take''such treasures as are necessary to complete such Work ear remedy such deficiencies, 14,07 Final Payment A. AI.rplicatiorxpj,P(tj>ajaerxt. 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance' and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, cerlyficates of inspection, marked-aria record documents; (as provided in Paragraph 6.12), and other documents, Contractor- may make application for final payment following the procedure for progress payments. . The final Application for Payment shall be accompanied (except as previously delivered)1D p y, red)by; a, all documentation called for in the Contract Documents, including but not limited to the evidence.,of insurance required by Paragraph 5.04.13.6; b. consent of the surety, if any, to final payment; C. a list,of all Claims against"Ownerr that Contractor believes are unsettled; and d. complete and legally effective releases 'tar,waivers (sat.isfac Ory,tea Owner) of all Lien rights arising out of or Liens riled in connection with the Work. 1 In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approVed by 0waaer, Ccantr etot; may`f6rnish receipts ors releases in firll nd an f�;idaavit:of Contractor that: (i) the releaser;sand receipts include all, fabDY services, material, atadtapraent foz which alien ed 1r1"be frldif° anti rr all f�' p mall `Material and e urpan e t r la, and other inde Iatedne 5 connected with the Weirl for ti ire l ►wner rrarght i, and ay:ae re;pe nsil le ear which Might tp any way result in laett or other f�ttr�lens can fwner's property; lave heenpaid or oil erwi c sattiafzed,. ff:Ony aafac ntraetta or i g lier, ai4'to, fua r�1 shch a r lease or receipt in fall, Co,ntractOr rr"ray atrnish a Via nd tar eDtlaet Llatei°al sati sfadory to Owner, to indemnif Cwiefagainst ah Lien,. B. ratrac�r ��tiaa ca ' i:rrriririfcycia " L If, can the basis of ,Engineer's ob err action of the Work: during consty,Zion aand final Inspection, and Engineer's review of the final Application for Payment and accompanying J C%700 S andard Generaf Condition,,5,or u �nr the,,,co',-A' Copyright Z Zrroni A #iornd nnGrct Fngnmrs r'trr EJtC Dt,'.Atr"r�ghts,rennoed. �'xa a 57,of,62 ARTICLE I5-SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend VVM* A. At any time and without cause, Owner may suspend the Work, or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work, on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner MaY Ternfinatejbr Cause A. The occurrence of any one or more of the following events will justify termination for cause: fi 1. Contractor's persistent failure to perforni the Work, in accordance with the Contract Documents (including, but note 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, & If One or more of the events identified in Paragyap)i 15.02,A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: I. exclude Contractor frorit the, Sit el, and take-ppssossiqn of the Work,,and'of all Contractor's tools, appliances,,coristrpction,equipriTent, and,machinery at the Site, and,,use,the sarhe to the full extent they could be used by Contractor (without liability'to Contractor for trespas's or conversion); 2. incorporate in the.,Work, all m4pprials,and equip6writ, stored gat the'Siie or for which Owner has paid Contractor but which 3. complete the,Work as 0 per n eo� xp 4, 1111t. n4y,d th e q io C. If O'wrter,pros deds as provideoI,jn,Paragraph,,,J.5.OZ 2ZJ1l3-,C , J ,ontractor shalt not be,,e title to e'I've d any, further payment until the Work is )lete&, If,the,' d (Alf thipai bal4hceof the,C, fa price Contract P i exceeds all claims, �h costs,losse and,damitge's" rtcl�udlj engineers, 'architects, attorneys, and other p6ssionals and' all court, or, arbitratjo n,or pthe r dispute, resolution costs,) sustained by Q*her artsing, c in n 040 of'01- relating to 0 plet! g4he W—prk, such excess,will be, paid to Contractor,. If such, claims*, costs, losses,, and=damages:exceed, such unpaid,balance, Contractor shall pay thtdiff'er60c e to 0 wn, ,,,Such c]a i ms,,costs, losses, and damages incurred by Owner, will,be -eviewod,,by Engineer as,to their reasonableness'and, when EJCDC C-700 Standardl;cn(rat CondiltiOns"Or(he Coilst,urban Contract copyright 0 2M7 National Society of Professional Fngitiea s for EJCD(`. All right s reserved. Nee 59 of 62 ..................... I to pay Contractor any wane 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 ether right or`remedy,if Engineer has failed to act can an Application for Payment within 30 days after it is submitted, or Owner, has failed for 30 days to pay,Contractor any sumo finally determined to be due, Contractor may,severe 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 all adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Mark as permitted by this Paragraph; ARTICLE 16--DISPUTE RESOLUTION 16.01 Metl7,odv and Pr°(,)c°c�drtr-c�, A. Either Owner or Contractor may request :mediation of any Clain" submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding, The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract.Timely submission of the request;:shall stay the effect of Paragraph 10.05.]E. B. Owner and Contractor shall participate in the mediations 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; ngineer�s,action under Paragraph 10,05;C or a denial 1 pursuant to Paragraphs 10.05',C.3 or 16.05b ;hall become final and binding 'l days after termination of The mediation unless,within that ti ne,per�od,,Ctwner oi-Contr4etor: Y I, elects in writing to invoke any dispute resolution pr°tacess provided for in the Supplementary Conditions„��Lor . agrees with the ttthei`party to submit the,Clalm t antrther dasptute tesarluti n r6cess; or, _1 ,giver written notice to the father party of, the intent, to,'suh it,the,Claim to a cot9rt: of ,competent jOrisdiction, S ARTICLE 17—MISCELLANEOUS 17.111 Giving Notice, A. Whenever an y,provision of t he Contract Documents requires the giving of written laoticeit will be deemed to have been,validly,given if; F.tC1DC C•700 Standard Gmerat(;ondit6ons orthe Cmnstrnctiron cmntract Co yri}h. a 2007 Natimiat Ssciet o_f Proremitonai ro ineers 6 a r r FU(rrC'`. All rigblW re;+ervcd...- Page 01 (&62 SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 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 I.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 00810-66 Edi Lion Supplementary Conditions to the General Conditions Page I of 12 SC—4.03 -DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4,03 are not followed. SC - 4.04 - UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04A.2. 3, At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC -4.06 - HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A. Reports and Drawings: 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, of 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—6h Edition Supplementary Conditions to the General Conditions Page 3 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 $ 500,000.00 Each Accident $ 1,000,000,00 Property Damage: Each Accident $1,000,000.00 (or) b. Combined Single Limit $ 1,000,000.00 Coverage to Include 1. All Owned 2. Hired 3. Non-Owned 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 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. I 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 5.04,1A, of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence $.1"000,000,0 Aggregate $ 3,000,000,00 Section 00810-6"Edition Supplementary Conditions to the General Conditions Page 5 of 12 6. include testing and start-up; and 7, be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whorn 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 5.06.A shall comply with the requirements of GC - 5.06.C. The qualifications of the insurance company shall comply with the requirements of SC- 5.02-A. SC-6.02 Working Hours Add the following to Paragraph 6.02.B: Regular working hours are defined as 8:00 AM, to 5:00 P.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the 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 completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefore. Section 00810—eEdition Supplementary Conditions to the General Conditions Page 7 of 12 I 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 may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants an,d 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 equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as follows: 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—e Edition Supplementary Conditions to the General Conditions Page 9 of 12 SC—14.02.0 PAYMENT BECOMES DUE Delete Paragraph 14.02.0.1 of the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction. conference. Payment will become due when Owner approves the application for payment and when due, will be paid by Owner to Contractor. SC-14.02.D.I.c Amend the sentence of Paragraph 14,02.D.1.c to read: ...entitling Owner to a set-off against the amount recommended, including liquidated damages;or... SC-14.03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.03,A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the 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 00810-e Edition Supplementary Conditions to the General Conditions Page I 1 of 12 MONTANA PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION 2011 Effective: January 27, 2011 Brian Schweitzer, Governor State of Montana Keith Kelly, Commissioner Department of Labor & Industry To obtain copies ufprevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates visit ERDatvvxvw.mtwagehourbwpa.00nnor contact them at: Employment Relations Division Montana Department of Labor and Industry P. 0. Box 201503 Helena, N1T5Q82O-15O3 Phone 406-444-5600 TDQ408-444-5S4B The Labor Standards Bureau welcomes questions, comments and suggestions from the public. In addition,we'll do our best tn provide information inmn 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 18-2-4O2afthe Montana Code Annotated, has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of 18-2-401, et seq., Montana Code Annotated. It is required that each employer pay(as a minimum) the rate of wages, including fringe benefits, travel ' m||nwanooandperdiamapp|icabietothedistrintiowhinhtbemmrkiabeinOparformed. aapmvidedindheattaohedwmge determinations. Ali Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at(40E)444-50OOorTDD(4O0) 444-O54Q. In addition,this publication provides general information concerning compliance with Montana's Prevailing VVe8e Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment cf � prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the Labor Standards Bureau ot(4&G) 444-56QOorTDD (4QG)444-b543. � KEITH KELLY Commissioner Department mf Labor and Industry State mfMontana TABLE OFCONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date cfPublication ... ....... '-_' B. Definition of Heavy Construction ....... ------_--------- ---------' / C. De�n�unoJPubQcVVo�aConku�o ---_--_-------_-_'''..```------------- ' D. Prevailing ~ Schedule ....... . � � - - _- E- Ra�stoUse Projects _____ _ _ _._ F Rate �nMuk�earCunh�o� ---------''--.-''-__.`------------------------------------------'' ' GL Fringe Benefits ...... .... __ . ' ------------ m - ----------------'---- U H� Apprentices .... ........ ............ ............................... ---_-__-_. ------------ i Prevailing ------'-------- ' _ . �-°_ ------------------ � J. P�#�xaom� -_----. � ------------- Employment ----------------- |i Wage Rates ... .......... .... -. ------------ __ __,_,_____�_^ ___,__,~__-,-._- 1'7 A. Date of Publication January 27,2011 B. Definition of Heavy Construction The Administrative Rules nt Montana(ARN)24.l7.50U(4)-(4)(a), Public Works Contracts For Construction Services Subject Tu Prevailing Rates, stutes� "Heavy� �truc d construction projects include, but are not limited to, thwxmprojects that are not properly classified as either 'hxildingconstruction, or 'highway construction,' � Heavy construction projects ion/oue, but are not limited to, antenna towers, bridges (major bridges uesign«d6 o' commercial navigation), breakwaters, ombmmns (other than building highway), canals, c&uuna%t channel oa/-o/� � o6em�m, /oA,mrthan bx co/�rdbm� cmkeovemo cbmxx d��m�(�m<ho�incidental� `"-' construction), u2kn� mox�� dnzhe � -`projects(outdoor),fish hatcheries,flood controlprojects, 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,' -'- - - - waterways, oil refineries (other than hoildinzs)^pipe lines,ponds, - - x stations ''-in un - not buil/inXs)' railroad cmnstrmction, reservoirs, revetments, xewul�collection and disposal lines, sewers storm, ` «�J shore8nomainmmuoo� �dtowt xanzge�n�/, xwimnuingpno� /outdoo�' xx8wuv�(oA�u�$ham `---'~'�' drn/m/ /omme�, onx6m6�mrdp�rz and whurver vjum��xk��/m~6�um6in��uw� water ~- ,-- ---~'^u`' tipples, , highway), ' �uns-w/yxommtroo/io� wu/erxuon� ��������b w��dne*���������/�bu���dw�'' supply �. Federal Davis-Bacon wage rates um published iol .S.Department of Labor General Wage Decision No. MI100001& odifioadomNo.8 have been adopted by the Montana Department of Labor and Industry for use in Bc--/ Construction projects Construction uodare\rm|udodiotblmpmhllu4ion.Tbeoura1ex apply statevdeureoohmsnioMTlO000l Modification}m' 0. | C. Definition u/Public Works Contracts . Montana Code 8noou�ed,seu�nmlV-2-40l(|l)bJ,dc�nuo"public works uou�uc1` ms 'ocom�uct~o rcons/rur�mn services let 6v the state, county, municipality, school district, or political orfor�onxnxs&uctiun services /e/ by the state, county, municipality, ur political subdivision bzwhich the total cost ofthe contract is in excess ufJB5,008 ^ D. Prevailing Wage Schedule .' This publication covers only Heavy Construction occupations and rates\n the rpeoifiolocalities mentioned herein. These rates will remain in effect until superseded by o more current publication. Current prevailing wage rate schedules Building(�ouotnaudmn, fUrhnav Construction and]�mocoos¢romhou Services occupations can be found on the im* for at / v�v*v.mmtwagebonrb�pu.roomnrbv000tauiogthe Labor Standards Bureau s4(4B6)444-5600orTDD(406)44---4P. E. Rates to Use for Projects Rates tobe used unu public works project urethnncdbutuzmimcffecturthntioedho^ ~�' tundhidupocifixu1ionearc advertised. ' ----- -- Page -- __ HEAVY CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27,2011 F. Wage rate adjustments for multiyear contracts Section 18-2-417,Montana Code Annotated states: "(1)Any public works contract that by the terms of the original contract calls for more than 30 months lo fully perform must include aprovision to adjust, as provided in subsection(2), the standard prevailing rate of wages to be paid to the workers performing the contract, (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3%increase, The adjustment must be made and applied every 12 months for the term of the contract. (3)Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency. G. Fringe Benefits Section 18-2-412 of the Montana Code Annotated states: "(1) To full the obligation—a contractor or subcontractor may: (a)pay the amount offtinge benefits and the basic hourly rate of pay that is part oJ'the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to 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)(b)so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including.fringe benefits and travel allowances, applicable to the district for the particular type of work being performed, (2) The fringe benefit,fund,plan, or program described in subsection (1)(b)must provide benefits to workers or employees for health care,pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income;Security of 9 74 or that re approved by U department of labor," c tY Act I a a e the S. 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 other-wise. R.Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those prograrns. Additionally,section 18-2-416(2),Montana Code Annotated states, "...The full amount of any applicable ftinge benefits must bepaidto the apprentice while the apprentice is working on thepublic works contract," Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate prevailing wage rate when working on a public works contract, 1. Posting Notice of Prevailing Wages Section 18-2-406, Montana Code Annotated,provides that contractors, subcontractors,and employers who are "performing work or providing construction services under public works-contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuingjbi-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 HEAVY C-0.N.ST-RUCT10 N-SERVI'C'ES-20-11' U -EFFECTIVE JAN U--A-"R'-Y---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.2_7.__,40_11' ZONE DEFINITIONS ` CARPENTERS, CEMENT MABONS^. 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 fisted towns to the center of the job: BILLINGS, BOZEK0AN. BUTTE,GREAT FALLS, HAVRE' HELENA, KALV8PELL. LEVV8TOVVN. MILES CITY, M|SSOULA Zone � Oto3Q miles - Base Pay Zone 2: 3Oto80 miles- Base Pay+$2�A6 Zone 3: Over 8O miles- Base Pay+$4.7O *CEMENT MASONS ZONES: The above cities plus O|LLUN. GLASGOW, GLEN0VE. SIDNEY CARP0028-0028610112088 Rates Fringes Carpenters: (Zone 1) Carpenter& P8ebuck $2125 $8.80 � Millwright $27.25 $8.90 CARP0828'00406/01/2008 Rates FhmQem Diver Tender $27.27 $7.80 Diver *56.54 $788 � DEPTH PAY(Surface Diving) � O50to1O0feet $2.DO per foot 1Q1tu150feet $3.O8 per foot 151to220feet $4.00 per foot | 221 ft& deeper $5.00 \ ---------------------------------- ---------------------------- | ELECB04440106/0112010 � Rates Fringes | Line Construction ! (1) Lineman $3773 4Y5% + $10.61 (2) Equipment Operator $25�18 4.75Y6 + $10.96 i (3) Experienced Groundman $20�27 475Y& + $10.33 | -- ----- --- Page ------- -- HEAVY CONSTRUCTION SERVICES 20II EFFECTIVE JANUARY 27 2Q1 |— ELECO233-001 0810112009 BLAINE, BROADWATER, CASCADE, CHOUTEAU, FERGUS,GLACIER, HILL, JUDITH BASIN, LEWIS 8, CLARK, LIBERTY, MEAGHER, PETROLEUM, PHILLIPS, PONDERA. TETON,TC)OLE.VALLEY,AND VVHEATLANDCOUNTIES Rates Fringes ELECTRICIAN $27.86 47596 + $9�36 ______________________________________ ELEC¢233~00208101/2009 BEAVERHEAD, DEER LODGE, GRANITE, JEFFERSON, MADISON, PUVVELL.AND SILVER BOW COUNTIES Bates Fringes ELECTRICIAN G26.10 47596 + $10.BO '--'----------------------'--------'-- ELEC8582'00106/0112018 GALLAT|W. PARK,AND SWEET GRASS COUNTIES Rates FhnQmm ELECTRICIAN $28.61 $1O�27 . ------------------------------- ` ELECO532-00306/01/2010 � BIG HORN, CARBON, CARTER, CUGTER. DANIELS, D/WSJ}N. FALL8M^ GARFkELD. GOLDEN VALLEY, K4CCONE. k4USSEL3HELL. PDVVDER RIVER, PRAIRIE, R|CHLAND, ROOSEVELT, ROSEBUD, SHBR|DAN^ BT|LLVVATER. | TREASURE, WIBAUX AND YELLOWSTONE COUNTIES Rates Fringes � ELECTRICIAN $29�38 1.75Y& +$D,3Q ELEC0768'0010601D009 FLATHEAD, LAKE, LINCOLN, MINERAL, MISSOULA, RAVALLI,AND SANDERS COUNTIES ! � Rates Fringes ELECTRICIAN $27.02 $10.37 � � ! | _-__ __'.---''--- --- — � 9ume� ��-- ------- ���---- B��CO@���0N 3BR0C� 2011 �� EFFECTIVE JANUARY 27.2011 ENG10400-00106101/2009 ZONE DEFINITIONS FOR POWER EQUIPMENT OPERATORS: The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Courthouse of the following listed towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALlSPELL. K&|SSOULA Zone 1� Oto3O miles- Base Pay Zono2� 3Oto0U miles-Base Pay+$3�5Q Zone 3: Over 60 miles-Base Pay+$5.5O Rates fhmgme � Power Equipment Operator � (Zone 1) Group $23.47 $9.50 Group $23.94 $9,58 Group $24.34 $9.50 Group $26.00 $9.50 Group $25.50 $9.50 Group $26.60 $9.50 � Group $27.10 $9.50 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Air Comprexsor�Auto Fine Grader; Belt Finishing Machine; Boring Machine, small- Cement Silo- Crane,A- Frame Truck Crane; Crusher Conveyor-, DW-1 0, 15, and 20 Tractor Roller; Farm Tractor; Forkift Form Grader; Front-End | Loader under I cu yd-1 Heavy Duty Drills; Herman Nelson Heater; Mulching Machine; Oikar, all except Cranes &Shove|m� � Pumpman / GROUP 2: Air Doctor; hovel to and including 3ou yd; Bit Grinder; Bituminous Paving Travel Plant ` Boring Machine, large; Broom,SeYf-Pnopel|ed; Concrete Travel Batchor; Concrete Float& Spnamder� Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push &Bde Boom; Elevating Gnader/GnadaU� Field Equipment Serviceman; Front-End Loader 1 ooydto including 5ouyd; Grade Setter; Heavy Duty Drills, all types: Hoist/TuQger^ all; Hydoa|ift&similar; Industrial Locomotive; Motor Patrol, except Finish; Mountain @kidder � Oiler- Cranes & Shovels; Pavement Breaker EKABCO� Power8aw. Ge�PmpoNe4; PugmiU� Pumpcneba��ruu1YN�dline� � . | Punch Truck, Roller, odherthan Asphalt; Roller, Sheepsfoot. Self-PmpoUed; Roller,25 tons and over; Ross Carrier; Rntonmil| under G ft; Trenching Manbine�Washing/Screening Plant. GROUP 3: Asphalt Paving K8aohine'AephabScreed; Baokhoe/Exomw�o�Shovei over 3ou yd; Cableway Hlgh|ine� � Concpa� Ba�hP|antConc�beCuh' gMachine; Co`cre�/ Pump; Cranes, Crete� Cranes, Be'huOverhead; Cranes,24 tons and under', Curb Machine/Slip Form Paver; Finish Dozer, Front-end Loader over 5 cu yd; Mechanic/Welder; Pioneer � Doze� Roller, Asphalt(Breakdown &Finiuh); Rotomill, over 6 ft; Scraper, singIle, twin, or pulling Belly Dump;Yo-Yo Cat, � GROUP 4: Asphalt/Hot Plant Operator; Cranes,25 tons to44tons; Crusher Opmrat r� FinishMotorPatro|; Finish Scraper. GROUP 5: Cranes, 45 tons tm including 74tons; / GRODP8: Cranes, 75 tons tn including 14Stonm� Crane, VVhirley (mfl). GROUP 7: Cranes, 160 tons to including 250 tons (add $1,00 for every 100 tons over 250 tons); Crane, Stiff-Leg or Derrick; Helicopter Hoist Crane, Tower(aU). / -- —���� �—�—�--------- 9age4 --- ----------� ��------��---- HEAVY CONSTRUCTION SERVICES ZB1l EFFECTIVE JANUARY 27.2011 |RON80144002O7/01t2009 FLATHEAD, GLACIER, LAKE, L�NCOLN, MINERAL, MISSOULA,AND SANDERS COUNTIES Rates Fringes IRONWORKER $25�34 $16.58 / |RON0732-009 06101/2010 REMAINING COUNTIES � Rates Fringes IRONWORKER $25.57 $17.21 LABO1688'081050112008 � Rates Fringes LABORER(Zone 1) � Group $17.14 $6.72 Group $20,10 $672 Group $20�24 $6.72 Group $21�00 $6,72 � | LABORERS CLASSIFICATIONS GROUP 1: F|agper000 | GROUP 2: All General Labor Work; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tendec Cement Handler(dry); Chuck Tender;Choker Setter-, Concrete Worker; Curb Machine-Lay Duwn� Crusher and | Batch Worker; Fence Ere�o� Form 8e�er; Form 8thppecHea�rTomd*rLandaoape�Pipe VVhapper; P«tTender; i powdemmanTender; Rail and Truck Loaders and Qn|oaders; Riprappec Sealants for concrete and other nnotedsUa� Sign Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman; Tail Hoseman; Tool Checker and' Houneman� Tra�ioCmr�rn| VVorker . . � GROUP 3: Concrete Vibrator-, Dumpman (Grademan); Equipment Handler-, Geotextile and Liners; High-Pressure Nozzleman; Jaokhommer(PavonnemtBreaher); LeeerEquipmnent� Non-RidimgRoQers� P�po|oyecPostho|eDiggnr (Power); Power Driven VVhee|benow-, Rigger; Samdbloster� Sod Cutter-Pmwec GROUP 4. Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller& Concrete); Powderman ($1.00 per hour above Group 4nate)� Rock& Core DhU� Track or Truck mounted Wagon Dhl|� Welder including Air Are. � � / -------- �- ------------------------ 9age5 —�------ --�---- ----�---------- HEAVY CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27.2011 P4(N02604]0107/ 112002 BLAINE, BROADWATER, CASCADE, CHOUTEAU, DANIELS, FERGUS, GARFIELD, GLACIER, GRANITE (South of a line running East&West through the Southern city limits of PHILLIPSBURG), HILL, JEFFERSON, JUDITH BASIN, LEWIS AND CLARK, LIBERTY, McCONE, MEAGHER, PETROLEUM, PHILLIPS, PONDERA, POWELL(South of a line running East&VVeatthrough the Southern city limits of HELMSVILLE), RICHLAND, ROOSEVELT, SHERIDAN, TETON, TOOLE. VALLEY, AND VVHE/g-LANDCOUNTIES Rates Fringes PAINTER $13.85 196 + $5.45 -------'-----------'------------------- PAIN0200~0020710112802 FLATHEAD, GRANITE (North of a line running East&West through the Southern city limits of PHILLIPSBURG), LAKE, LINCOLN, MINERAL, MISSOULA, POWELL(North of a line running East&West through the Southern city limits of HELK8BV|LLE). RAVALL|.AND SANDERS COUNTIES Rates Fringes PAINTER $18,85 1Y6 + $3.45 PA}N1922-00106/01/2009 BEAVERHEAD, BIG HORN, CARBON, CARTER, CUSTER, DAWSON, DEER LODGE, FALLON, GALLATIN, GOLDEN VALLEY, JEFFERSON, MADISON, MUSSELSHELL, PARK, POWDER RIVER, PRAIRIE, ROSEBUD, SILVER BOW, ST|LLW4\TER. SWEET GRASS,TREASURE,VNBAUX.AND YELLOWSTONE COUNTIES PAINTER � (Industrial, includes tanks, pipes bridges) � . . . , Rates Fringes ) ( $21�00 *0.00 ! PLAS0119-08105/ 112008 STATEWIDE (except DEER LODGE, JEFFERSON, POWELL, and SILVER BOW COUNTIES) � Rates Fringes / CEMENT MASONS: (Zone 1) | Area $10.83 $6.96 / Area $28.24 $6.86 AREA 1: STATEWIDE (except DEER LODGE, JEFFERSON, POWELL, and SILVER BOW COUNTIES) AREA 2: DEER LODGE, JEFFERSON, POVVELL.AND SILVER BOW COUNTIES | ----- ��—��-- -------�—�� �����------ Paee� —�-----' -- -���----- ----��------ HEAVY CONSTRUCTION SERVICES 301] ~ EFFECTIVE JANUARY 27,2011 ' | PLUM0030-003 09/011209 BIGHORN, BLAINE, CARBON, CARTER, CASCADE, CHOUTEAU, CUSTER, DANIELS, DAWSON, FALLON, FERGUS, ' GARFIELD, GOLDEN VALLEY, HILL, JUDITH BASIN, LIBERTY, McCONE, MEAGHER, MUSSELSHELL, PETROLEUM, PHILLIPS, pONDERA. POWDER RIVER, PRAIRIE. R|CHLANO' ROOSEVELT, ROSEBUD, SHERiDAN. 5T|LLVVATER. TETON, TOOLE, TREASURE,VALLEY, WHEATLAND,WIBAUX AND YELLOWSTONE COUNTIES Rates Fringes PLUMBER Commercial $28�25 $13.40 Industrial—PowerGonerating Plants $30.80 $13.40 _____________________________________ | PLUn80041-001070112010 BEAVERHEAD, BROADWATER, DEER LODGE, GALLATIN, GRANITE, JEFFERSON, LEWIS AND CLARK, MADISON, PARK, P(}VVELL, SILVER BOW, AND SWEET GRASS COUNTIES Rates Fringes PLUMBER $28.25 $13.05 -----'-----'------------------------- PL0K80458'00108/01/2010 FLATHEAD, GLACIER, LAKE, LINCOLN, MINERAL, MISSOULA, RAVALLI, AND SANDERS � Rates Fringes � PLUMBER $27.51 $12.08 . __'—__—_'____-____-_______-'—_—'--'—_- / TEAA88002-00105/0112008 � Rates Fringes � TRUCK DR|VERO� (Zone 1) Group $ 14.14 $6.92 Group $ 1884 $692 | � � TRUCK DRIVERS CLASSIFICATIONS: | GROUP 1. Pilot Car GROUP 2: All Combination Trucks and Concrete &8ixer � CistributorOrivmr;AUDryBa*chTruoko� Oumpmao, Gruvo| Spreader Box {]perohzr�All Dump Trucks and similar equipment including DVV2Q. DVV21.or Euclid Trodor| Dwmpstem� | Flat Truoka� Servicemen; Lowboys, Four-Wheel Trailers; Float Somoi-Trai1ec Lumber Carriers, Lift Trucks & Fork Lifts: / Pick-up Driver hauling maboriu|� Powder Truck (Bulk Unloader type); Power Boom; Service Truck Drivers, Fuel Truck Driw*m,Tipamen; All Water Tank Drivers; Petroleum Products Drivers; Trucks with Power Equipment such am Winch,A, Frame Truck, Crane, Hydralift, Gout-Crete Truck, and Combination Mulching, Seeding& Fertilizing Truok�Truck Mechanic. ______________________________________ � WELDERS- Receive rate prescribed for craft performing operation to which welding is incidental. END OF GENERAL DECISION | ------____--------- ........ -------���������— ��— --- Page ------�— HEA\�!COy�STK0[IlO�� S8[[V|CE530II EFFECTIVE \/\NUARY27.��11 NOTICE OF AWARD Dated: TO: ADDRESS: PROJECT: CONTRACT FOR:2013 Water Renovations Project You are notified that your Bid opened on for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the:2013 Water Renovations Project. The Contract Price of your Contract is: Dollars(S 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 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 Agreementthe 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 ONANERto consider your Bid abandoned,to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten(10)days after you comply with these conditions,OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: BY: (CITY MANAGER) (CITY CLERK) DATE: Notice to Proceed. 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 I. 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 other requirements]. Owner Given by: Authorized Signature Title Date Copy to Engineer f:JJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page I of I MONTHLY PAY ESTIMATE SUMMARY Date 2013 Water Renovations City of Bozeman, Montana Estimate No,—- to 12013 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 KOO $0.00 Net Earnings: $0.00 MOO $0.00 Less I% Gross Receipts Tax: $0.00 KOO $0.00 Gross Payment! $0.00 $0.00 $0.00 Less Previous Payments* $0.00 Net Payment this Estimate: $0.00 $0.00 Percent Time Elapsed: #VALUE! Work Done Based on Installed Cost: #DIV10! 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: 313011900 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 "2011 QUANTITY COMPLETED AMOUNT EARNED PLAN THIS PREVIOUS TO BID THIS PREVIOUS TO ITEM DESCRIPTION UNIT QUANTITY ESTIMATE ESTIMATE DATE PRICE ESTIMATE ESTIMATE DATE Base Bid:South Black Avenue 101 Taxes,Bonds,Insurance LS 1 0 0 0 S000 $0.00 $000 S000 102 Mobilization LS 1 0 0 0 $000 $0.00 $0,00 $0.00 103 Connection to Existing Main EA 19 0 0 0 $000 $000 $0.00 Woo 104 4"MJ Gat Valve w1V B EA 4 0 0 0 $0 00 $0.00 $0.00 $0.00 105 6"MJ Gat Valve wN B EA 3 0 0 0 $000 $000 $000 $0.00 105 8"MJ Gat Valve wN B. EA 30 0 0 0 $000 $0.00 $000 $0.00 107 10""MJ Gal Valve wN R EA 2 0 0 0 $000 $000 $000 $000 108 12"MJ Gat Valve wN B EA 2. 0 0 0 $0-00 $000 $0.00 $0,00 109 8"x 4 MJ Increaser EA 1 0 0 0 '$0.00 $0.00 $0.00 $0.00 110 8"x 6"MJ Increaser EA 2 0 C 0 $000 $0.00 $0.00 $0.00 111 9"x 4"MJ Tee EA 4 0 C 0 $0.00.. $0.00 $0.00 $0.00 112 8"x 6"MJ Tee EA 6 0 0 0 $000 $0.00 $000 $0.00 113 8"x B"MJ Tee EA 3 0 0 0 $0.00 $000 $0.00 $000 114 8"MJ Cross EA 3 0 0 0 $0.00 $0.00 $0.00 $000 115 10"x 8"MJ Cross EA 1 0 0 0 $000 $0.00 $0.00 $0.00 115 12"x 8"MJ Cross EA 1 0 0 0 $0.00 $0.00 $000 $0,00 117 B"11 114 deg Bend EA 21 0 0 0 $0.00 $0.00 $0,00 $000 119 6"22 112 deg Bend EA S 0 0 0 $0.00 $0.00 '$0.00 $000 119 B"'45 deg Bend EA 4 0 0 0 $0.00 $000 $0.00 $0,00 120 B"CL 51 DIP LF 5,215 0 0 0 $0.00 $000 $000 $0.00 121 10"CL 51 DIP LF 50 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 Reconnectfion whr trench limits EA 59 0 0 0 $0.00 $0.00 $0.00 $000 2"diameter and smaller 124 Service Reconnection outside of trench LF 280 0 0 0 $0.00 $0.00 $000 $0.00 limits 2"diameter and smaller 125 Service Reconnection Win trench LF 5 0 0 0 $0.00 $48.00 $0.00 $000 limits 4"diameter and larger 126 Service Reconnection outside of trench LF 70 0 0 0 $0.00 $0.00 $0.00 $0.00 limits 4"diameter and larger 127 Instil axpansion tank and backflow preventer EA 2 0 0 0 $000 $0.00 3000 $000 128 Fire Hydrant 5'bury EA 1 0 0 0 $0 00 $0.00 $0.00 $000 129 Fire Hydrant 112'bury EA 1 0 0 0 $0.00 $000 $0,00 $0.00 130 Fire Hydrant 6 112'bury EA 2 0 0 0 $000 $000 $000 $0.00 131 Fire Hydrant 7 112'bury EA 1 0 0 0 $0.00 $000 $000 $0.00 132 Fire Hydrant 8'bury EA 1 0 0 0 $0.00 $000 $000 50.00 133 Remove Existing Hydrant EA 3 0 0 0 Woo $000 SO,00 $0.00 134 Insulation LF 2,637 0 0 0 $D.00 $000 $000 $0.00 135 Traffic Control LS 1 0 0 0 $000 $000 $000 $000 136 Temporary Water System LS 1 0 0 0 $000 $000 $0.00 $000 137 Asphalt Surface Restoration Lr 5.429 0 0 0 $000 $000 $0.00 $0.00 138 Jack and Bore LS 1 0 0 0 $000 $000 $0.00 $0.00 139 Type 2 Bedding CY 20 0 0 0 $0,00 $000 $0.00 $0.00 140 Curb BcxNalve Box Removal EA 10 D 0 0 $000 $0.00 $0.00 $000 141 Locate and Repair Sewer Service EA 10 0 0 0 $000 $000 $000 $000 142 Signal Loop instatlalion EA 2 0 0 0 $0.00 $p p0 $0.00 $0-00 1.43 Quality Assurance Testing LS 1 0 0 0 $000 $000 $1 $000 144 Miscellaneous Work EA 20,000 0 0 0 $100 $0.00 $000 $0.00 SUBTOTAL BID ITEM WORK INSTALLED $0.00 $000 $000 Materials in Storage $000 $D.00 $000 Materials out of Storage $000 $0.00 $000 SUBTOTAL $0.00 $000 $000 Total.Amount Clue $0.00 $0 Do $0 00 Less Retainage 5% $010 $000 $000 Subtotal $0.00 $0.00 $000 Less 1%Gross Reciepls Tax $0.00 $0.00 $000 Subtotal $0.00 $0.00 $000 Less Previous Payments $000 $0 00 Total Due This Payment $000 $000 CITY OF BOZEMAN ACCOUNTS PAYABLE P.O. Box 1230. Bozeman, MT 5977'1'-1230 (406) 582-2334 'W'WARRANT# PAY TO: DATE PAID: 'WVARRANT TOTAL$ VENDOR# DATE INVOICE# FUND ACCOUNT OBJECT PROJECT DESCRIPTION AMNT TOTAL $ CERTIFICATION THATGOODS OR SERVICES HAVE BEEN RECEIVED: 1. 2. DEPARTMENT HEAL!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: 7 All Work under the Contract.Documents: n 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 doe's not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat,utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: ❑Amended Responsibilities L1 Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract.Documents Committee and endorsed by the Construction specifications Institute. Page 1 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 F:JCIDC 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 Contract 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 I 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: El 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 Deceived for Contractor-by: Date Received by Funding Agency (if applicable): Date: EJCDC C-940 Work Change Directive Prepared by the Engineers Joint Contract Documents Committee 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 Docu—inen't-s: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: .. .............- ------ Original Contract Price Original Contract Times: Substantial Completion: Ready for final payment: (6 s or dates) Net Increase (Decrease)from previous Change Net change from previous Change Orders No.—to Orders No. to No. Substantial Completion: $ Ready for final payment: ,(days) Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for final payment: (days or dates) Net increase(decrease)of this Change Order: Net increase (decrease)this Change Order: Substantial Completion: $ Ready for final payment: (days) Contract Price with all approved Change Orders: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for final payment: (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoeverAssociated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further,that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct CONTRACTOR(Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER- Signature) Date OWNER(Authorized Signature) Date EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and tile Construction Specifications Institute. Page 1 of 2 C:1BackupM13 Water RenovationslSpecs\COB Change Order Form.doc CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was deve|qped to provide o moiIoroz format for handling contract changes that affect Contract Pdoc ur Contract Times, Changes that have been initiated 6va Work Change Directive must bc incorporated into a subsequent Change Order if they affect Price orTimes. Changes that affect Contract Price or Contract Times should he promptly covered byu Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes, If Milestones have been listed io the/1gruuzoat, any effect ofu Change Order thereon should 0caddressed. . 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 nonnally 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 formalization of a negotiated ' agreement for a previously perDuouedchange. After approval by one contracting party, all copies should tKentko 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 2of2 C/Gackup\2o1a Water Renovafions\Gpccsxzo8 Change Order Funn.dmc ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. GATE: 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), atthe close of work on You will resume major operations onlywhen authorized to do so in writing by a Resume Work.Order. Under the terms of your contract for the above subject project, Contract Time will (will not)continue to be charged during the period work is suspended, (See General Conditions, Articles 12 and 15 and applicable Supplementary Conditions). calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the 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 1 of I CABackup12013 Water Renovation slSpecs17 suspend—wrk.doc 1V6/12 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 on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective Under the terms of your contract for this project, Contract Time was (was not) charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, _of the calendar days Contract Time had been used. calendar days were charged during the period work was suspended, therefore, on the date this resume work order is effective, —calendar days of Contract Time remain, The(revised) contract completion date is 20 Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your file. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: Order to Contractor to Resume Work —Page 1 of 1 SPECIAL PROVISIONS L 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 Addendums,which is hereby included as part of these specifications. All references to MPWSS sections, unless otherwise noted, are a reference to said Montana Public Works Standard Specifications, All correspondence and official authorization concerning the work shall be with the City Engineer or his designated representatives as identified at the preconstruction meeting. Any changes in the Work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractors risk at no cost to the Owner. All damages, reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. SCOPE OF WORK The project work is generally described as follows: Replacement of existing mains,valves, fittings L 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 ran 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 S. 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 $500.00per 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 infori-nation 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 a.m. to 7:00 p.m., Monday through Friday. No work shall be done outside of these hours-unless specifically approved by the City Engineer. 12. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a conference will be held at the City Engineer's Office,20 E.Olive Street,for the purpose of discussing requirements on such matters as project supervision, on-site inspections, progress schedules and reports, payrolls, payment to contractors,contract change orders,insurance,safety,and any other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel and a representative from each of the affected utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and any problems anticipated. 13, SHOP AND FABRICATION DRAWINGS The Contractor shall prepare and submit fabrication drawings, design mix information, material testing compliance data, and other data, in accordance with the General Conditions. Following review,the 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 Uniforri-i 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. Sign lized 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. S. Flagging shall be only performed by certified and properly equipped flagpersons. Flagging shall be done as described in the booklet"Instructions to Flagper,sons" 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 storrawater 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 littp://www.bozeman,net/Departments-(])/P` ubl.ic-Service/Water-Sewer/Conti-actors-Comer,aspx 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 flowable fill if within a paved surface and patched with either asphalt plant mix or portland cement concrete to match the existing pavement surface type and thickness. Voids in landscaped areas shall be backfilled with compacted soil and seeded. 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 02910— Seeding 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 OWNER's review and approval of any proposed shutdown request, the CONTRACTOR shall be required to give a minimum 24-hour advance notice (excluding weekends and holidays) to all residential consumers whose service will be temporarily affected, by means of individual notices delivered to each consumer. The CONTRACTOR must have available all the necessary materials to complete the restoration of water to each of these residential services within eight(8) hours after the suspension begins or before 5:00 p.m., whichever comes first, 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 OWNER will operate all curb stop valves. All notes of existing condition shall be identified on forms as supplied by the ENGINEER. Any existing condition that is suspected to indicate a defect of the curb stop valve, box, or service shall be reported immediately to the ENGINEER. Other than the operating curb stop valves, the OWNER will not participate in any activity up to this point. If the notices are not issued or the service is not ready to be connected to restore service, the City shall be free to exercise its authority in not closing down the existing valves and water main system. 1,02 The water piping of temporary hoses, piping, etc. shall be a 160-psi rating,NSF approved hose, flexible polyethylene pipe, or PVC pipe. All pipe used for the temporary water system must have a visible NSF approval stamp by the manufacturer. A short section of high 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 prior to being put into service, 1.07 Once the temporary water system has been assembled, pressure tested and disinfected, the City of Bozeman Water Department staff will review the test results and inspect the final connection to the building, The City of Bozeman Water Department staff will not participate in the assembly of the temporary water system. The CONTRACTOR shall conduct all other work on the services as stated in Item 1.01. 1.08 Pipe protection measures must be supplied at road crossings, alleyways, or residential 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: I. 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. 1.1.1. The contractor shall provide a local representative who is available 24 hours a day and 7 days a week to maintain the temporary water system and to respond to correct any problems with the system, The phone number of this representative shall be provided to the owner at the preconstruction meeting, 35. ENGINEERING MATERIALS TESTING AND CONTROL TESTING 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 13, 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. Flowable Fill. Flowable fill is a mixture of portland cement, fly ash, fine aggregate, air entraining admixture and water. Flowable fill contains a low cernentitious 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 T or 11 75.6-102.6 lb/yd' 75.6-151,11b/yd' 0 /m � 3 g/M3) (45-60 kg'm (45-90 kR Fly Ash None 151.2-596.7 lb/yd (90-355 kg/m') Water Mix designs must produce a Mix designs must produce—a consistency that results in a consistency that results in a flowable, self-leveling product flowable, self-leveling product at time of replacement. at time of replacement. Air 5%to 35% 5%to 15% Unit Weight (Wet) 2,430-2,970 lb/yd 3 2,700-3,375 lb/yd' (1,440-1,760 kg/m') (1,600-2,000 kg/M3) 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 J obsite 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 jobsite 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"minus size with a cold planer,rotomill,or similar equipment and mixed at no more than a 50/50 ratio with other backfill material. Asphalt 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 perfori-ned. 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 min). 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" (1 3cm) 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 in) 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 Megohnis 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 71h. Ave. to North 3 d Ave., Zone 2 from North 3rd 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 MP SS 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 pm to 8:00 pm: Bobcat Fest. One lane of Mendenhall shall be open from Rouse to 7`n.. 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 th. 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: Profitness 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 7th. 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 7th, Church and Wallace shall be fully open from Main to Mendenhall, Sunday August 1.8, 2013, 9:00 am to 3:00 pm: Car Show. One lane of Mendenhall shall be open from Church to 71h. 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 7th. 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 7th. 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 7"', 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 00100 MEASUREMENT AND PAYMENT The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to the Contractor will be made based on the actual satisfactorily completed work quantities measured in the field. Under the terms of this contract,the unit price as contained in this Bid Form shall be applicable to quantity overruns. The following measurement and payment sections do not necessarily name every incidental item required by the Contract Documents to complete the work. Cost of all such incidental items shall be included in the various related bid items. Item 101: (Taxes, Bonds,Insurance) To be paid on the first progress pay estimate one-hundred percent (100%) upon mobilization to begin construction, only if the bid price for this item is less than five percent (5%) of the total price. For that portion of the taxes, bonds, and insurance greater than five percent(5%),if any,payment shall be made on the basis of the percentage of the work completed of each progress estimate. 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 paymentper connection to an existing water main. Payment shall include all materials, equipment and labor to complete the connection, including any necessary thrust restraint, thrust blocks, or gravity blocks, pipe spools, and couplings. Items,104 105 106, 107,& 108: (Valves)Measurement and payment shall be as per MPWSS Section 02660 4.6 A. Items 109J..1.0, 111, 112, 113 114, 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,1,28, 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 01.570 Part 4, lurnp, 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 .ADD 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 restorationsatisfactorily 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 111. 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 backfil ling 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 1 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 ether 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 prise is full compensation for all resources necessary to complete the item of work under the contract and to furnish an operational system. Item 1.43: (Quality Assurance Testing)This item shall be measured on a lump-sum basis. Payment shall be made at the contract lurnp-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 farce 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 PART 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. 1,3 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 theboring 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 ::]I 815 IP 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 (18-8)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 connectionstobe 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 Waterworks,Mfg.,or Power Seal Pipeline Products Corporation, or approved equal. PART 3 EXECUTION 3.1 GENERAL INSTALLATION PROCEDURES A. racking 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 j aching 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. Exterior grouting: 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 1. 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—SITEWORK 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 I. 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 jacked 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 DRAWINGS rn a a 0) i ce LO �— �u'°w x— w wZ Q LO to "'ter ° in a to O 0. 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L.1 En 0 , Z , Ec �[ v ACC) 'AO O � J' D+� O U z 0_ LDQL) CX:E0 b� Q p Off.Ui O u p L+7 () V> D 9 UI-0 LAJ C)h "tiia�.00-j rte- +� N 4+4 Ca V) cr .T• NIR#' vii o� X� W CGS(L V) R9-11(L) SIDEWALK CLOSED AHEAD CROSS HERE 30"X24" SIDEWALK CLOSED 24'3(18" SEGNS ARE TO BE PLACED AT THE NEAREST LEGAL CROSSING TO THE WORK AREA, MAY ONLY BE USED IF A PARALLEL.. • SIDEWALK EXISTS ON THE OTHER SIDE OF THE ROADWAY. SIDEWALK CLOSED 24"X18" R9-11(R) SIDEWALK CLOSED AHEAD CROSS HERE 30"X24" SIGN WORK SITE TRAFFIC DRUMS OR CONE CITY OF BOZE A SCALE. PEDESTRIAN TRAFFIC CONTROL FOR TEMPORARY FEB 01570-7 STANDARD DRAPING NINE SIDEWALK CLOSURE FEB 20a� EET SURFACIWC f•y ' +,t� +-4 per., t tip}',' au "M MIX ASPWV .wµ...2{•'YiM. _ ARD SLOO " Mq lIBCkAGE {.' kllk.5' CIS NEC (2•MK-12`M0 NOTES: 1.Adjust manholes upward with 4usting rings under fume. 2..Adjust manhole,downward by removing cone and barrel sections as necessary and replacing with sections of length requir-ed to match grade. 3.Slope manhole frame as required to mathch slope of streeL 4.Formal manhole adjustment shall be made before pp'mg. 5.All joints between manhole sections,tap cone,adjusting rings,and manhole ring shall be watertight ,faint material shall be"ltain Nek"or approved equed. 6.Manhole ring and cover steal be adjusted to match final crown and Fade of street,Use Anderson Precast or approved equal concrete angled adjustment rings to obtain required angle. 7.Manhole ring and cover.use MCI 305 frame„305A cover,lF1C0 772 flame, 772-B cover,or Deccter 1025,or D&L A.-1172 with 1"cover. CITY OF BOZEMAN S Cale: MANHOLE ADJTJSTMENT ISO. 02213-1 STANDARD DRAWING None DETAIL Rev.April 2005 NOTE: 'WHERE TRENCH PASSES THROUGH EXISTING PAVEMENT THE PAVEMENT SHALL BE CUT ALONG A NEAT VERTICAL LINE A MINIMUM OF 12" (30cm) FROM THE EDGE OF THE TRENCH OPENING. WHERE NEAT LINE IS LESS THAN 3' (0.9m) FROM EDGE OF EXISTING PAVEMENT OR CURB AND GUTTER SECTION, REMOVE AND REPLACE ENTIRE PAVEMENT SECTION BETWEEN TRENCH AND EDGE OF PAVEMENT. EXISTING STREET SURFACE VERTICAL TRENCH WALLS WITH SHORING TO CONFORM TO D.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 BACYSLOPE 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", DR "C" ; 8"(15cm) \f TRENCH BACKFILI. SELECT TYPE I BEDDING / MATERIAL PLACED IN 6*05cm) LAYERS & TYPE I PIPE BEDDING COMPACTED AS SPECIFIED PLACED IN 6"(15crn) MAX. s //�/✓ iN SECTION 02221. LAYERS AND COMPACTED v:' •w 4'(1 cm) THOROUGHLY. ✓ TRENCH MOTH=O.D,OF PIPE PLUS 2'(6 Dcm) TYPE 2 PIPE BEDDING MIN. TRENCH WIDTH— 3.5'(1.1 m) / �.//'�/\•`• WHERE REQUIRED FOR /X'\X'Z//'`i/° SOFT OR UNSTABLE { �//j i j/41 FOUNDATION NOTE: SEE CONTRACT SPECIAL PROVISIONS FOR ANY MODIFICATIONS TO STANDARD TRENCH MATERIALS AND/OR OTHER TRENCH DESIGN FEATURES • SEE O.S.H»A, CONSTRUCTION STANDARDS FOR EXCAVATIONS. REVISED: 10/25/02 CITY OF BILLINGS SCALE: STANDARD DRAWING STANDARD SPECIFICATIONS NONE TYPICAL UTILITY TRENCH DETAILS N©,02221-1 A Ground Surface 3'(90 cm) r`/','✓ 'A',r A';' `✓','rd'r', <`,' Std,Trench Backfill Trencl1.Plug Material /`,'/�'✓/',,✓✓. , r ,,f✓/ A ✓ s. A , �� y rd ✓ ,'' / , A , f A , ✓✓rA , .` /';' Ar✓rf ✓ .'.° Select Pipe Bedding Bottom of Trench Type i Bedding A 10"(3 n1) Section A-A Std.Trench Backfill Ground Surface Trench Wall s , ✓° , , A',' A f ,✓ ✓`r Trench Wall Plug Limit Plug Lrm1i 3'(91:1 cm) Plug Limit J Trench Bottom 3 (90 cm) REMSM 10/21/02 MONTANA PUBLIC WORKS SCALE: TRENCH PLUG STANDARD ORAMNG STANDARD SPECIFICATIONS NONE EXCAVATION DETAIL NO. O2222-1 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. a . iy GRAVEL BASE a 2 1/2 MIN. �4 a y. LEAVE GRAVEL EXPOSED FOR DRAINAGE, 3'—Q," MIN. ' a ,., STANDARD CONCRETE (6 1/2 SACK MIX OR BETTER) POURED IN PLACE OR (PRECAST AND SOLIDLY PLACED, * a NON REINFORCED 6" MIN.,, i ROUND OR SQUARE WITH 1/2" CHAMFERED CORNERS OR a REINFORCED PRECAST 4"° SQUARE WITH 1/2" CHAMFERED CORNERS AND 4 NO. 2 REBARS. SO'NUMENT BOX INLAND FOUNDRY CO. PATTERN NO. 1034 OR APPROVED EQUAL. CITY OF BOZEMAN SCALE: TYPE I STREET MI0NLII�IENT NO. 02529-3 STANDARD DRAWING NONE Dec. 1999 �rt ,r A r. // 4- b ! B 3 .� / REDUCER MIN. ,✓ UNDISTURBED EARTH ,.f TEE TEE (Plugged) BEND STANDARD DIMENSIONS FOR THRUST BLOCKING TEE$ do PLUGS 9D°BEND 45°BEND do W'YES RIDU S & fTTT1IVG 2211 BiWD SIZES A B A B A B A B 4* 1,-�. 1,-Z. 1,-�. r,-G 1•-B. 0_x0 7- 6" 2'-0' 1'-11' 2"-5" 2'_2" V-10* V-7* 1,-9* 2'-6* 3'-2' 3'-0" 2>-5* 2,-1* 10' 3'-4" 3'-3* 4'-0* 3,-10` X-0- 2-9, 2'-2" 12* 4'-"D* Y-10* 4'-8* 4-8* 3'_8* '_3* 'r7* 2'_3" 14" 5'-5* 3'-10" 6'x-6" 4.-}1' 4,-g* 3, * 3.-5" 2.`S, METRIC DIMENSIONS FOR THRUST BLOCKING FITTING M S & PLUGS 90°BETID 45*WVD & WYES ��S 1 / BVD S12ES A B A B A e A B locm 0.5m 0.4m 0.5m 0.5m 0.5m 0.3m D.&n 0.2m 15cm 016m 0.6m 0.7m 0.7m 0.6m 015m 0.5rn 0.3m EEm'm 0.8m 0.8m 1.Om 0.9m 0.7m 0.6m D:5rn 0.5m tom 1.Om 1.2m 1.2m 0.9m 0,8m 0.7m 0.6m 1.2m 1.2m 1.4m 1.4m 1.1m 1.Om 0.8m 0.7m 1.6m 1.2m 2.Dm 1.Sm 1.4m 1.0m 1.0m 0.7m M1�1TES, 1. 'THESE TABLES ARE BASED ON 150 P9(1030 kpa) MAIN PRESSURE 2.WRAP ALL F77"TINGS WITH POLYETHnENE, 2000 PSF(9800 kg/ml) SojL BEARING PRESSURE REVISED: 12/27/95 MONTANA PUBLIC WORKS SCALE: THRUST BLOCKING STANDARD DRAMNG STANDARD SPECIFICATIONS NONE FOR WATER MAIN FITTINGS NO, 02660-1 REBAR ANCHOR 0 0 0 0 c e1 n n m 4a V4 6, CONCRETE n 4 ANCHORS 'B" "A" NOTE: COAT RODS WffH "KOPPERS" BITUMASTIC NO, 50 COATING OR EQUAL, THRUST BLOCK DIMENSIONS K17CM"Df Rod 730'.O...PS1 75 0 P..SI sizo . `A 2 Q O B PSI C-a A 2 50 PSI A—S-00 B r_o S B C C A B -C- a' 2'-11'2'-0'2'-q`2'- ' '- 2'- ' q' 2'- 2'-q"2'-0.23s G'- - 2 9 0, 2;-a. 2°_0 2'-9.2•-6'2'_6» 3'-0'2 3'-0"3'-0' 2-q 3-0- 14 2'-3 2"-a 2'-a 3'-s 3-0 3'-a 4-6'3'-q`3'-0' 4'-q 178", 4'.4 3-0.3•_0 4'-1 4'-p 4•_01 4 1 B' 3-a 3'-a's'-s 3'-0 3-0 5-9'4'-3 $ 24" 4'-4" 4'- ' s _ NOTE: Pressures shown above are maximum working pressures in system. THRUST BLOCKING AND ANCHORS ARE REQUIRED ON ALL 6" VALVES AND LARGER UNLESS SPECIFIED BY THE ENGINEER. MEGA- LUG OR APPROVED EQUAL JOINT RESTRAINTS MAY BE USED IN LIEU OF CONCRETE THRUST BLOCKS, THRUST BLOCKS NOT REQUIRED ON TAPPING VALVES CITY OF BOZEMAN SCALE: THRUST BLOCKING FOR NO. 02660-3 STANDARD DRAWING NONE WATER MAIN VALVES DEC 2003 PROPERTY LINE w w 2' MIN, ' w w w w w w w w w � w FIRE HYDRANT w VARIABLE w w w w t w w w w w w u" 4, w w t w w w w SIDEWALK WATER MAIN CURB & GUTTER CURB WALK DETAIL PROPERTY LINE CURB & GUTTER FIRE HYDRANT VARIABLE 3' MIN. VALVE WATER MAIN 5' L (TYP.) BOULEVARD WALK DETAIL CITY OF BOZE A SCALE. HYDRANT LOCATION NO. 02660-5 STANDARD DRAWING NONE DETAIL Dec 2003 1' FINISH GRADE CURB BOX VALVE BOX TOP SECTION 8"MIN MUELLER H-15428 STRAIGHT COUPLING WITH GALVANIZED OR 'BRASS CAP 6.5` MIN COPPER SERVICE LINE 2" COPPER SERVICE LINE 1/4 BEND COMPRESSION 2 COUPLING 1/°8° DIAMETER 1 3 4 CURB STOP CORPORATION STOP PROVIDEI/8 DIAMETER DRAIN HOLE WATER MAIN CITY OF BOZEMAN SCALE: TYPICAL BLOWOFF NO. 02560-7 STANDARD DRAWING NONE Dec. 2003 UNDISTURBED y/ /��%�� 4�`�\�'`�`�d\ri' �f�f��f�%/`✓ �, EARTH (TYP.) CONCRETE THRUST BLOCK (TYP) . , MJ GLAND MJ GLAND i D.I. MJ D.I. D,I. PIPE TEE PIPE PIPE \\—MJ VALVE D.I. MJ GLAND PIPE Q7 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. WITH THE RESTRAINING RODS, PIPE CITY OF BOZEM.AN SCALE: TYPICAL VALVE/'TEE NO. 02660--10 STANDARD DRAWING NONE RESTRAINT DEC 2003 NO PRESSURE GAUGES OR PRESSURE GAUGE FITTINGS WILL BE 'METER SIZED SAME AS INCOMING UNE — NO EXCEPTIONS. ALLOWED ON THE TEST PORTS OF ANY BACKFLOW PREVENTION ASSEMBLY. BACKFLOW PREVENTION ASSEMBLY MUF CONNECT DIRECTLY To METER/ FLANGE To BE THREADED ON STANDPIPE, STRAINER, M,J. TO FLANGE AgAPTORS HOT ACCEPTABLE REQUIRED BACK.FLOW PREVENTION (TYPICAL FOR ALL RISER GONFNGURATIONS) WATER SlO1PE�RiFft�EMf�NT�BY 4" OR LARGER CLASS 51 /i DUCTILE IRON PIPE (TYP.) 1, MH," 2' WAX, ABOVE FINISHED FLOOR FLUOR c a MECHANICAL 3/4" MIN, Rath Rod', INSTALLEa IN LVERY OTHER AVAILABLE M.J. JOINT BOLT 1{OLES (TYPICAL)— 5/e° Raps ACCEPTABLE FOR+I"LINES MAIN THRUST ,.� 90" BEND WITH THRUST BLOCK BLOCK w ..•. 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 shall be a UL listed Bonged Kennedy or Mueller OS&Y valve the some size as the service line, Combination strainer/meter immediately following OS&Y valve or elbow attached directly to OS&Y valve -- meter must set horizc,Itol. 4ECFRL',ANICAL ABOVE 2, Ail 'Sockflow Prevention Assemblies sholl be: ,. FLOOR y A a. UL or FM listed. b. Approved by the University of Souther n Colifornio Foundation for Cross Connection Control' and hydraulic Research (USCFCCCHR) far operation in the proposed position (vertical or horizontal) as shown on approved plans. c. ITIStaINed as shown on the oppraved pions. 3. Horizontal instollctions must be a minimum of 2' above the finished floor. ', 4, The service riser must be a minimurn of 2' from any outside wall. 1MITH 5, The incoming service line shall be a minimum 6.5', and a max- OCK imum of 7.5' 'below the finished grade., 6, All service line appurtenances shall hove a minimum pressure rating of 175 PSI, J 7. All service lines 4" and larger sholl be Class 51 Ductile Iron Pipe. [-*-1' MIN., 2' MAX, B. Line sizing: The Bocki'low Prevention Assembly and meter shall be equal in size to both the incoming pipe diameter (upstream) and outgoing pipe diameter (downstream). For example, a 4" service line shall hove a 4 meter and Bockflow Prevention Assembly, 2' MIN,, 3' MAX CLEARANCE COATED STELL ABOVE FINISHED FLOOR WALL PLATE, s/16"MIN. THICKNESS r .A CITY OF BOZEMAN SCALE: WATER SERVICE LINE NAG. 02660-12 S'T'ANDARD DRAWING NONE FOR SIZES 4" AND LARGER DEC 2003 REV: APRIL. 2006 ONLY PrmwGS ALLOWED BETWEEN FIRST os&y vALvE AND NO PRESSURE GAUGES OR PRESSURE G.AUCE FTmNOS WILL BE BACKFLOW ASSD48LY TO BE eTr BEND. EE ALLOWED ON THE TEST PORTS OF ANY$"FLOW ASSEMBLY S' NOTE 5 FLANGE TO BE THREADED ON STANDPIPE,. Kul.TO FLANGE ADAPTORS NOT ACCEPTABLE 4" OR LARGER CLASS 51 (TYPICAL FOR ALL RISER CONFIGURATITINS) LEGEND EGEND DUCTILE IRON PIPE (TYP.) I' MIN. 2'MAX. ABOVE FLED OS&Y VALvE FLOOR FINISHED FLOOR - MECHANICAL REDUCED—PRESSURE JOINT 3/4" MX Redi. Rod, INSTALLED IN ASSEMBLY (MINIMUM x'N REQUIREMEMr)AS INDICATO MAIN EVERY OTHER AVAILABLE M.J. ON APPRDVEO T'9,AN(S) BOLT HOLES (TYPICAL) — 5/8" RODS ACCEPTABLE FOR 4" LINES rt THRUST 90' BEND WITH THRUST BLOCK BLOCK .r - 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 listed FOR ALL RISER flanged American Flaw 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. PIPE PENETRATIONS, 3. A flow detection device shall be installed immediately following the Reduced Pressure Bockflow Prevention Assembly (olorm check valve, flow sensorrolorm, meter, etc. as shown on the approved plans. Poddle—type flow' a arms not permitted)on dry systems. I' MIN., 2" MA%.ABO'VE'. FINISHED FLOOR FLOOR 4. Horizontal installations must be a minimum of 2' above the finished floor. y 5, The fire service riser must be a minimum of 2' clear from any outside wall, and a minimum of 1' clear from any 'interior wall. IaIECHANICAL JOINT 5. The incoming fire service line shall be a minimum of X6,5', and a max- imum of 7.5' below the finished grade. 7. AV fire service line appurtenances shall have a minimum pressure rating of 175 PSI, 8. All fire service lines 4" and larger shall be Class 51 Ductile Iron Pipe. 9O` 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 drain is required. ........ MIN., 2' MAX. aaATED STEEL 2 MiN,., 3' MAX CLEARANCE WALL PLATE„ ABOVE FlIN1SHED FLOOR 5/16'MIN. THICKNESS STANDARD FIRE SERVICE CITY OF BOZE2 AN SCALE; LINE INSTALLATION NO. 0:2660-14 STANDARD DRAWING NONE Dec 2003 FOR. CLASS IV & V SYSTEMS R V. O i 6O° R i.O.Q. WATER so' yp.3 SEWER ' L6 w PROPERTY LINE 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 Off' BOZEMAN SCALE: WATER SEINER CAIN AND NQ. 02660-16 STANDARD DRAWING NONE SERVICES LOCATION Dec. 2003 STANDARDS FLAT BLADE STREET NAME REGULATORY SIGN BLANK AS PER SIGN BLANKS SEE SECTION MUTCD STANDARDS, SIZE AS MOUNTED BACK TO SPECIFIED ON PLANS BACK ON POST 09810 2.2 FOR SIGN SIZES 2' MIN. 2= MIN. 10' 2" PREFORATE,6 SOUARE TUBE POST (TELSPAR OR APPROVED EQUAL) 7' MIN. ATTACH SIGNS TO POST WITH 3/s" DRIVE RIVETS (MIN. 2 PER SIGN) STREET MARKER SIGN REGULATORY SIGN 2" PREFORATED SQUARE TUBE o POST (14 GAUGE) FASTEN POST TO SLEEVE WH %6" CORNER BOLT (A325) 1 Yz" ABOVE FINISH GRADE. INSERT BOLT FINISH GRADE 2" D f HEAD FROM OPPOSITE SIDE OF EXPECTED IMPACT. INSERT DRIVE WET INTO OPPOSITE SIDE. 14" '- 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. MI-4000 CONCRETE .ANCHOR SIGN POST FOUNDATION DETAIL CITY OF BOZEMAN SCALE: SIGN INSTALLATION NCO. 09810- 1 STANDARD DRAWING NONE STANDARDS AUG. 1994 Revised 6/2002 U-� m a, o r u7 r-- � � C: z \ CLI co c 3(x1 2 Nt ' C� w < } X - Q C L+ > Li G 0 u \ 0 rrf > i < LLJ e �) � L.Lis o o \ C LL- u, 0 77 i w 0 �, \ - r) \ 'dL1 F II r CL LO cLij Lo w