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Dick Anderson Construction Bid Submittal 2013 Water Renovation Project
,+� lu,�ruryri , 904 Al �. Y FQ IJ r a i NlJ r ' r � A 7 d r � y py N �iN c � Wr j• � ; -,ae'°, al� rl� �� ��'�r•r�MW ,yam, � X71 PENAL SUM FORM B11D BOND Any singular reference to Bidder,Surety,Owner or other party shall be,considered plural where applicable. BIDDER(Name and Address): Dick Anderson Construction,Inc. 4498 Jackrabbit Lane Bozeman,MT 59718 SURETY(Name and Address of Principal Place of Business): Continental Casualty Company 333 S.Wabash Ave. Chicago,IL 60604 0`WNER(Name and Address): City of Bozeman 121 North Rouse,P.O. Box 1230 Bozeman,MT 59771 BID Bid Due Date: 4/9/2013 Description(Project Name and Include Location): City of Bozeman 2013 Water Renovations Project, Bozeman, Montana BOND Bond Number: 001 Date(Not earlier than Bid due date): 4/9/2013 Penal sum Ten Percent of the Total Amount Bid $ 10% (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. RIUDDER 0 N g Y Dick Anderson Construction,Inc. ental Casualty Company 1%111� (Seal) Bidder's N d Corporate Seal Q d Co �'Ite( "!�7an o. SF Y., Aft - "Signature Si e(Attach Pdwer of Attorney) John D. Leaf Print Name Print Name I / V/A, Attorney-In-Fact Title Title Attest: Attest: Signature ,Sign e Beth A.Windom,Bond Clerical Me Title Mote:Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. Bid Bond—00430—Page I of 2 EJCDC C-430 Bid Bond(Penal Sum Form)(2007 Edition).Prepared by the Engineers Mot Contract W,1 a�,94 b4Q&aNAL MOUNTAN UATED PENAL SUM FORM 1. Bidder and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond, Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents(or any extension thereof agreed to in writing by Owner)the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents,or 3.2 All Bids are rejected by Owner,or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and,if applicable,consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner,which notice will be given with reasonable promptness,identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suitor action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8, Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail,return receipt requested,postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned, 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer,agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements.Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall,continue in fall force and effect. 11. The term"Bid"as used herein includes a Bid,offer,or proposal as applicable, Bid Bond—00430—Page 2 of 2 E,TCDC C430 Bid Bond(Penal Sum Form)(2007 Edition).Prepared by the Engineers Joint Contract Documents Committee. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men BfThese Presents,That Continental Casualty Company,an Illinois insurance cornpanN,National Fire Insurance Company of Hartford. an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in [be City of'Chicago,and Stmeof0iuoio. and that they dnby virtue"rthe signatures and seals herein affixed hereby make,constitute and appoint Jubo I) Leaf, Chris Jarnmumwum, M|chael I{ Depmer, @D|y ] Bolt, *e$b A Windom, Christopher T Nfiudoieu^ Jeuny Johnson,Jamie M Roe,Kaye NMomnmnu,Kristin/LPlcdovi,Individually v[Great Falls,MT,their true and lawful Aouo`ey(x)'in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments n[ similar nature -InlJoliudtcdAmuonotx' and to bind them thereby as fully and to the sarne extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts o[said Attorney,pursuant u`the authority hereby given iohereby ratified and confirmed. This Power of Attorney in made and executed pursuant m and hy authority of the By-Law and Resolutions,printed vu the reverse hereof,duly adopted,ux indicated,bythe Boards nfDincctomnf the insurance companies. }o Witness Whereof,the CNA Companies have caused these presents tubc signed hy their Senior Vice President and their corporate seals tobc hereto affixed mn this 2\w day o[January,20|l. Continental Casualty Company l�uuiooedFire Insurance Company ofRvrd�n& ` American Casualty Company of Reading,9couyyivouiu SEAL INIA ^ ' 'r'�enior Vice President State v[Illinois,County"f Cook,ss 0o this 2/st day vfJuo"my.20ll,before me personally came Sm/hy Darcy tome known,who,being by mm duly,nm=did depose and say� that she resides i"the City mf Glenview,State ofIllinois;that she is a Senior Vice President of Continental Casualty Company,an Tilinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company ofReading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that she knows tbeseals of said insurance companies;that the seats affixed to the said instrument are such corporate seals;that they were nv affixed pursuant to authority given by the Boards uf Directors,of`xi4 insurance companies and that she signed her name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies, WAXYZATEOFLUNN My Commission Expires September }7. 2Ol3 Eliza Price &7 Notary Public CERTIFICATE 1,Mary A.Ribikowxki,. Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby cc/d[ytbut the Power of Attorney herein above sat forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors v[ the insurance companies printed mu the reverse hereof i,still ioforce. Im testimony whereof l have hereunto subscribed mymnmrand affixed the seal of' the said insurance companies this gill day of APRIL _2013___. Continental Casualty Company National Fire Insurance Company ofHartford American Casualty Company wf Reading,Pennsylvania Mary A.SEAL 190Z Form E6853-l/2O1l RtjkaQkis Assistant Secretary 130 THE CITY OF BOZEMAN 20 E. OLIVE • P.O. BOX 1.230 f BOZEMAN, MONTANA 5977 1-1 230 ENGINEERING OEPARTMENT 0 PHONE: (406) 582-2280 ® FAX: (406) 582-2263 co, 2013 WATER RENIOVATIONS PROJECT CITY OF BOZEMAN BID, OPENING: APRIL 9, 2013, 2:00 P.M. ADDENDUM No. I APRIL 2, 2013 TO: All Planholders of Record Please note the following modifications to the above referenced bid documents: Plans Sheet W3, — Station 16+20• Sheet W7, — Station 36+50; Sheet W9, — Station 45+52, In the profile at each location noted above, replace the existing note that reads-, "Where 18" of vertical separation cannot be obtained,provide flowable fill,min. 3' each side of existing san. sewer main or storm drain main and full width of utility trench to mid height of 8" water line." With a new note that reads: "Where 18" of vertical separation cannot be obtained,provide Plowable fill, min. 10' each side of existing san, sewer main or storm drain main and full width of utility trench to mid height of 8" water line." Plans Sheet W5 — Station 26,+50: The sewer service at this location that is shown going to the north from sewer main is not correct. The service line extends south from the existing sewer main. Cily of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition: Section 2.10, FIRE HYDRANTS, D. Delete the last sentence of this section. Defender Security Devises will not be required. Specification Section— SPECIAL PROVISIONS, 44. SCHEDULING AND SEQUENCING OF WORK: Add the following additional restriction to the first paragraph of this section: Unless otherwise allowed by the Engineer, the work shall be complete in Zones 2 and 3 prior to commencing with work in Zone 1. Installation of the temporary water system in Zone I will be HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK exempt from this requirement. Response to Bidder Question., The City will perform all striping after completion of the project. ACKNOWLEDGEMENT Bidder shall acknowledge receipt and acceptance of this Addendum No. I on the Bid Form to validate their bid. Robert J. Murray Jr., P.E. City Project Engineer c y a , TAM hNwrrk1qA DEPARTAUN of ILABO R & IN U T,1 r CONSTRUCIM14 CONTRACTOR REc1STRATFO1'Q UNIT A 9 n 4391 DICK ANDERSON CONSTRUCTION INC S 3424 HWY 12 E HELENA, MT 59601 - 9717 Effective Date: Aug 14, 2011 Expiration Date: Aug 13, 2013 Employer i g. I. rtC��.c6�,6�'Ftf.71 17' I?,r?lYq'�`rC' 3,l 0 ��FCwf � � Fi?dS LgC7iCy L� 1 1F1 ��IIIIHIII 1 DICK ANDERSON CONSTRUCTM, ENC. Corporate Resolution by Directors The Board of Directors of lick Anderson Construction,Inc., organized and existing under the laws of the Mate of Fontana, have authorized any of the following individuals as designated managers to make, execute and approve on behalf of this Company, any and all contracts and other instruments which may be a part of or incident to such contracts, effective until otherwise ordered by the Board of Directors.. DATED: January 1, 2012 (Corporate Seal) Board of Directors: t Ri ,ard.A.nderso F Schurna Edward Venetz mere f` idr erg o� �a Allan Franq r a Reg eredith `�fi✓a��rr€tx�° Kirk Scheel P" Kathryn Smith 3424 HIGHWAY i2. FAST, HELENA,,, M0N'IANA 59601406-443-3226 FAX 406-443-1537' 4610 TRI-BILL FRONTAGE ROAD, GREAT FALLS, MONTANA 59404 406-761-8707 FAX 406-761-3134 4498 JACKRABBIT"LADE, BOZEMAN, MONTANA 59718 406-586-0889 FAX 406-586-0453 BIDDER'S CHECKLIST Please utilize the following Bidder's Checklist before submitting your bid. oo/ 1) Original Bad Bond Enclosed? (Personal checks, business checks, and faxed copies are not acceptable.) —2) Bid Proposal: a. NArithmetic Checked`? b. bait Bid amounts agree with math calulations? c. ,All Addenda acknowledged on proposal sheet and cover? d. 'Signature portion completely filled out? e. B'd Proposal intact in Contract Documents DO NOT REMOVE!!!! f. on-Descrirnination Affirmation form completed and signed? g• vContractor Special Fuel Permit Number 3) Bid Envelope: a. Addressed properly? (See Article 1 –Bids, Instructions to Bidders) b.-IzYontains the Contract Documents and Specifications booklet? c, V'Acknowledged Receipt of Addenda? d. ealed? 4) Bid Submitted prior to required time at specified location? Be sure to seal your bid. Include project name, bid date/time, contractor name, contractor registration number, contractor fuel permit number, and acknowledgement of all addenda(by number) on the outside of the bid envelope. Leave all sheets intact in the Contract Documents and Specifications booklet. Return the complete Contract Documents and Specifications booklet. ALL BID DOCUMENTS AND BONDS MUST BE ORIGINALS. NO FAXED COPIES WILL BE ACCEPTED. CITY OF BOZEMAN, MONTANA 2013 WATER RENOVATIONS PROJECT FEBRUARY, 2013 TABLE OF CONTENTS CONTRACT DOCUMENTS Invitation to Bid Instructions to Bidders Bid Form Bid Bond Non-Discrimination Affirmation Form Agreement Form Payment and Performance Bonds Standard General Conditions of the Construction Contact Supplementary Conditions Montana Prevailing Wage Rates Standard Forms CONSTRUCTION SPECIFICATIONS Special Provisions Measurement and Payment Section 02602 Pipe Boring and Jacking APPEND 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 pm. 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 7f" 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 DILI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed Section 00 100 INVITATION TO 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, CIVIC City Clerk, City of Bozeman Published Bozeman, Montana, March 17, 2013 March 31, 2013 Section 00 100 INVITATION'rO 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.i*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; (e)has a suitable financial status to meet obligations incident to 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 6t"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........MPWSSiBound Herein Supplementary Conditions............MPWSS/Bound Herein Miscellaneous Forms Notice of Award..................Bound Herein Notice To Proceed........ .... MPWSS/Bound Herein Field Order...................MPWSS/Bound Herein Change Order.....................MPWSS/Bound Herein Work Directive Change.......MPWSS/Bound Herein Application For Payment (Guidance Only)............... Bound Herein Certificate of Substantial Completion................... ..MPWss Order to Contractor to Suspend Work......-.......Bound Herein 2 INSTRUCTIONS TO BIDDERS Order to Contractor to Suspend Work...............Bound Herein Order to Contractor to Resume Work,..............Bound Herein Contractors Certificate And Release...... ........MPWSS Lien Waiver for Prime Contractor..... ..........MPWSS Lien Waiver for Subcontractor/Supplier...MPWSS Wage Rates...................................Bound Herein Special Provisions... ..................Bound Herein Technical Specification..... .............MPWSS, COB MODS, & Bound Herein Appendix A—Standard Drawings...........Bound Herein Plan Set EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid, each Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and(d)study and carefully correlate Bidder's observations with the Contract Documents. Any Bidder may,upon request, examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications. These reports are not guaranteed as to accuracy or completeness,nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request,Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Any administrative requirements and associated costs of such investigations are the responsibility of the Bidder. The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the specifications or on the drawings. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this section and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work, 3 INSTRUCTIONS TO BIDDERS Where logs of test borings are included in the contract plans,it is agreed that such logs do not constitute a part of the contract and are included only for the convenience of the bidder or Contractor and do not relieve him of his duties under this section or of any other responsibility under the contract. No information derived from any inspection,of records of investigation or compilation thereof made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations under the contract. UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location, The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written inquiry of the related utility agency to determine the location of underground utilities in the project area. INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents, TIME OF COMPLETION The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. The number of days within which,or the dates by which,the Work is to be Substantially Completed are set forth in the Bid Form and the Agreement Form. LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement Form. ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal,shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. Proposals shall be in a sealed envelope and addressed to: City Clerk. City Hall 121 North Rouse Ave. F.O. Box 1230 Bozeman, NIT 59771-1230 4 INSTRUCTIONS TO BIDDERS The envelope shall also contain the following information: Name of Project: CITY OF BO EMAN 2013 WATER RENOVATIONS PROJECT. Name of Contractor: Di,_�e /q Montana Certificate of Contractor Registration No. / Montana. Special Fuel Permit No. 035%&—561 Acknowledge Receipt of Addendum.No.: ( , In the lower Left hand corner 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 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 C'ontractor's License Number, H. The proposal must include a completed and signed Non-discrimination affirmation form. SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed.. 5 INSTRUCTIONS TO BIDDERS Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-in- fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the work; So N Co . ........ By:"' . 0.9 %c- at�MAL Title: Vim &/ -51 ONTO "t'll fill III"' 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 anytime 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 conforin 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 accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules,and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted,or reject nonconforming,non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS Within seven days after Bids are opened,the apparent low Bidder,and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor, if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor,they may, before giving the Notice of Award, request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the contract price. If the apparent low Bidder declines to make any such substitution,the contract may not be awarded to such Bidder,but Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security, Any subcontractor so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer. Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will 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 infon-nalities 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(l 0)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 forins 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 Perfon-nance Bond and Payment Bond shall be just cause for annulment of the award. In the event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not as a penalty but as liquidation of damages sustained. Award may then be made to the next lowest responsible and qualified Bidder,or the work may be re-advertised as the Owner may decide, BOUND COPY OF CONTRACT DOCUMENTS None of the Instructions to Bidders,Bid Form,Bond forms,Agreement,contract stipulations,or other specifications shall be removed from the bound copy of Contract Documents prior to submission of Bid. PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. Notice of Extended Payment Provision: This contract allows the owner to make payment within 21 days after approval of the payments. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty(30)days,progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere, PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18- 2-402 and as bound herein, The Contractor and subcontractors are directed to the Montana 5 INSTRUCTIONS TO BIDDERS Commissioner of Labor for information. on the standard prevailing rate of wages applicable to this contract within this area. POSTING Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wages to be paid to the employees. LOCAL LABOR Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. MONTANA CONTRACTOR REGISTRATION REQUIREMENTS Contractor and any of the contractor's subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694) ADDITIONAL CONTRACTOR LICENSE FEE MONTANA CONTRACTORS GROSS RECEIPTS TAX) In accordance with Title 15, Chapter 50, MCA, the Owner shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue, BIDDER PREFERENCE In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference of three percent(3%)will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder. This preference applied unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further,wherever possible,products manufactured and produced in the State which are suitable substitutes far 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 PER-MIT(7-5-4316, MCA). Every person or entity holding a special fuel pen-nit 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; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. 2 BID FORM BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE Item Description Unit Unit Price Estimated Total Estimated 11.......... Quantity Price 101 Taxes, Bonds, Insurance L.S. Z-5 --- > 102 Mobilization L.S. /IS-,,ce'v'= I 103 - Connection to E?��.Main Each z1o.<71-11- 19 104 4" MJ Gate Valve w/V.B. Each ,i,13-0, 4 105 6" MJ Gate Valve w/V.B. Each ---3 ay 106 8" MJ Gate Valve wN.B. Each `7/501 A-1 30 107 10" IVIJ Gate Valve w/V.B. Each 2 -Xa- 108 12"MJ Gate Valve w/V.B. Each M 2 1- 109 8" x 4" MJ Increaser Each 5W, QL 110 8" x 6" MJ Increaser Each i- 2 111 8" x 4" MJ Tee Each -7`(Z5,Q-D 4 112 8" x 6" MJ Tee Each 5-0, 8 113 8" x 8" MJ Tee Each 96o.-09- 3 aL 114 8" MJ Cross Each C76Z), Ix- 3 115 10" x 8" MJ Cross Each / 10-'T-L I- - - 116 12"x 8" MJ Cross Each 117 8" 11 '/4 deg MJ Bend Each 21 Each 6 - 118 8" 22 1/2 deg MJ Bend Ea , _,50 ,ea 6 -M 11.9 8" 45 deg MJ Bend Each "2- —4 y f cm 120 8" CL 51 D.I.P. ...... L.F. Op- 521-5 (J,-/ CV 121 10" CL 51 D.I.P. L.F. 60 -. 6�"'Qo- 122 12" CL 51 D.LP. L.F. 60 123 Service reconnection w/in trench Each ?17 1,P-0 59 limits 2" diameter and smaller 3 k'7 124 Service reconnection.outside trench L.F. 1 '112- 280 limits 2" diameter and smaller .:3t), ;2'40, Service reconnection w/in trench — 125 Each ?80" 0 5 'co limits 4" diameter and lar2er 126 Service reconnection outside trench L.F. limits 4" diameter and larger 70 9, r b, Install Expansion Tank and ---- 127 Backflow Preventer Each 2 —-T" 128 Fire Hydrant 5' bug Each 129 Fire ! drant 5.5' bury Each X1:0, 130 Fire Hydrant 6.5' bu Each 7 60,01 2 131 Fire Hvdrant 7.5' bua Each ctr'00- I q2 132 Fire Uydrant 8 bury Each ZW,'P- I —13.3 Remove Exiqijj II Brant 3 3 BID FORM 134 Insulation L.F. . ' 2637 ;� ?- 135 Traffic Control L.S. ... a l _ z --T36 Tern porary Water System L,S. r 1 n 137 Asphalt Restoration L.F. r r 5429 138 .lack and Bore L.S. A , l 139 jype..2 Pipe Bedding C.Y. 20 140 Curb Boxl"`v"alve Box Removal Each 370 11 ;/ 0"70, 141 Locate & Repair Sewer Service Eac 4V 10 , , c 142 Signal Loo Installation L.S. �,,/ 42LI 2 fox, !2 143 Quality Assurance Testing L.S. 1.3?k o, 1 144 Miscellaneous Work Each $1.00 20,000 $20,000 TOTAL BASE BID $ (TOTAL BASE B D- WRITTEN WORDS) The undersigned Bidder acknowledged receipt of the following Addenda,which have been considered in preparation of this Bid: No.—L- bated , ///"ol f ,O/,3 No. Dated No. bated No. Dated Submitted this q day of / , 2013. SIGNATURE OF BIDDE' Montana Contractor Registration Number , !/ Contractor Fuel Permit Number ,r� – Z-/ If an individual:& F doing business as 4 BID FORM If a Partnership: May —_ partner If a Corporation:_ , A" 115� (a) Ow c �w � r� } 1 & ' :» Title VAL Y Business Address of Bidder: � � �Atflfd�gW�t 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. ,r' /9 (a) Corporation by (Seal & Title Attest) 5 BID FORM NON-DISCRIMINATION AFFIRMATION FORM e of entity submitting]hereby affirms it will not discriminate on the basis of race, color,religion,creed, sex, age,marital status,national origin,or because of actual. or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman,if a contract is awarded to it,and also recognizes the eventual contract, if awarded,will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the [name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Signature of Bidder: Person 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: 2013 Water Renovations Proiect, City of Bozeman Article 2. CONTRACT TIME. 2.1 The Work will be completed within 90 ' days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 22 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 23.2 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 G. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances,rules and regulations that in any manner may affect cost,progress or perforinance 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 ternis 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 affirins 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 S. 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. 83 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. 8A Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (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\wpdocs\forTn,,\agreefhn 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 o 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 necessary. EJCDC C•610 Performance Bond Prepared by the Engineer Joint Contract DocurnenLs committee, Page 1 of 3 \ / Contractor and 3urety, jointly and severally, hind themselves, their heirs, executors, administrators, successors, and assigns no Owner for the performance of the Contract, v/biuh is incorporated herein by reference. L If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate im conferences ua provided io Paragraph 2.]. 2. If there isoo Owner Default, Surety's obligation under this Bond shall arise after � 2.1 Vvvnur has notified [nocnsc4nr and Smrety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange u | conference with Contractor and Surety to be held not later than 15 days after receipt qfsuch omdcc tu discuss methods uf performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall bc allowed xreasonable time 1m perform the Contract, but such uuagreement shall not waive Owner's right, if any,subsequently nn declare u Contractor Default; and � 2.2 Dvvuer has declared u Contractor Default and formally terminated Contznclnz,a right to complete the Contract. Such Contractor Default aboU not be declared earlier than 28 days after Contractor / and Surety have received notice us provided in Paragraph 2.|; and ! 2.3 Owner has agreed tnpay the Balance mf the Contract Price tu� 1. Surety in accordance with the terms oI the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract, ' 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: � | 3.1 Arrange for Contractor, with consent mf Owner, tw perform and complete the Contract; or 3.2 [7oderxmbu to perform and complete the Contract itself, through its ugeo<x or through independent omutrooiorc or � ^ � 9.3 Obtain hldx or negotiated proposals from qualified contractors acceptable to Owner for ocwotrac for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, tohc secured with performance and | payment bonds executed by aynuld5ed surety equivalent to the bonds issued on dzc ��o�Trm:t and 1 ' pay to Owner the uouunat of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incur-red by Owner resulting from Contractor Default; or | 3.4 Waive its right to perform and complete, arrange for uompledom, or obtain m new oom1z4o{nr, and . with reasonable promptness under the circumstances: |. After investigation, determine the amount for which it may bc liable to ()vvnur and, as uomo as | practicable after the amount ls determined,tender payment therefor 1oUvvu*r' or | Z. Deny liabiUtyiuvv8nlcorimpa�and notify 0vvoercI�ogreasons tb�e�r, ` 4. If Surety does out proceed as provided in Pucug,mpb 3 with reasonable promptness, Surety shall be | dopnzod to be in default on this Bond 15 days after receipt of an additional written ooLlcc from Owner to Surety demanding that Surety perform itn obligations under this B�ood, and Owner shall he entitled to enforce � any remedy available to 0vvnec lf 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 0vvoer shall he ' entitled zn enforce any remedy available tnOwner. � / 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects tm act under ) Paragraph 3.1, 3.3' or 3.3 above, dzeo the responsibilities of Surety tn Owner shall not be greater than those of Contractor under the Onotruol, and the responsibilities of Owner to 3on:ty 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 oothe Contract, Surety ixobligated without duplication fhr- EJCDC C-610 Performance Bond / Prepared by tile Engineers Joint _-Contract Documents Committee. Page 2 o 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. 113 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—(Na ate,Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other arty):. FJCDC 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 ®f Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Natne and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note.- Provide execution by additional pat-ties, such as Joint venturers, if necessary, EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. P-g- 01`3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner,this obligation shall be null and void if Contractor: 11 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 12 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3, With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly,for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4,1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 1 Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly;and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor, 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy 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 or arrange for payment of any undisputed amounts. 7, Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety, 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond, By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 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, 1.5. 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(Lnggineer or other): EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 i I This document has in-tportant legal consequences; consultation with an attorney is encouraged with respect to its use air modification, This document should be adapted to the particular circumstances of the contemplated: Project and the controlling Laws and Regulations, STANDARD GENERAL CONDITIONS r F THE CONSTRUCTION CONTRACT Prepared by ENGINEERS,JOINT" CONTRACT DOCUMENTS COMMITTEE i and Issued and Published Jointly by ACEC 1 i+�tttr,txc+tsa,yruprti�siorrrzwr[?crr ^µrents , ASCEof Civil Engineers American Society National soole ty of Professional Engineers PmMalo rat hVineers to private ftdire AMERICAN COUNCIL OF ENGINEIERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN,SOCIETY OF CIVIL ENGINEERS PROFESS IO AL ENGINEERS Ifs,PRIVATE PRACTICE A Practice Division ref the NATIONAL SOCII TY OF PROFESSIONAL ENGINEERS 1 r Endorsed:by i I CONSTRUCTION SPECIFICATIONS INSTITUTE UT'E i C 1 T:,IC`NDC:C-7tltl S ndard General Conditions of the Construotion Contract dr olryright 0 2007 National so�,rty of Professional Engineers for 1?1C1Nf. All rights reserved.ed. r STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article I -Definitions and Terminology ........... .............................. ............................. .................. I 1.01 Defined Terms................ ............... ................ I 1.02 Terminology. -......... ................--... ........................... .................................-.......... 5 Article 2-Preliminary Matters....... ......... ....................... ........ ............................................ ........-........-_6 2.01 Delivery of Bonds and Evidence of Insurance .................................... ...................... ............6 2.02 Copies of Documents,.......I.............--......................... ..........I........I.....--................-....... ........6 - .. .. ...... 6 2.03 Commencement of Contract Times; Notice to Pi oceed.. ...... .. ........ (' 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 Schedutes..............................11.11.1 ..................... ...... .................... ............7 Article 3-Contract Documents: Intent, Amending, Reuse.......... ................................... ...............................8 3.01 Intent ..... ................................--...--.............................................. 8 3.02 Reference Standards.......................... ...........................--... ........... 8 3.03 Reporting and Resolving Discrepancies. -- .9 9 3.04 Amending and Supplementing Contract Documents.....................................................................9 3.05 Reuse of Documents....................... ............................................................... .......... 10 3.06 Electronic Data................. ........ ................ Article,4-Availability of Lands; S'ubsurface,and Physical Conditions; Hazardous tnvironmental Conditions;Reference Points......... .......... ............... ..........11 ................ 1,1 4.01 Availability of Lands.......--................. ....................... ..................................... ............ 4.02 Subsurface and Physical Conditions,.,.......................... ............... ................... ...... 4.03 Differing Subsurface or Physical Conditions.................-........................- ....... ............................ 1,2 4,04 Underground Facilities............. ..............I....... .................... ............ ....... 13 4.05 Reference Points. I............. ......... ................ 14 4.06 Hazardous Envirournaital Condition at,Site............. .......................... ................................ 14 Article 5-Bonds and Insurance . ........................ ........... ............ ................ ........... 16 5.01 Performance,Pay ment 'and,Other ..... .....fi ....... .......... .................................". M, 5.02 Licensed Sureties and,Insurers. ........... ....... .......I............ ...................... ................. 16 5.03 Certificates,of Insurance.......... ...... ............... ......................... ......1- 5.04 Contractor's Insurance..............- ......................-_...... ........................... ........ ........... 5:�05 Owner's Liability Insurance 1 --.............................I ......I............... ............... .......��. 9 5.06 Property Insurance........................ ......... ................ ................ .................. ..........I......-]9 5fflWaiver of Rights............................... ......... ............---........ .......... .............20" 5.08 Receipt and Apglication of Insurance Proceeds............. ...... ................. .......2 j FATC C-700 Standard General Conditions orthe Construction Contrad Copyright-V 2007 National Society of Proressioinit Enginews for F4CD(,. All rights,reserved. Page I 9.02 Visits to Site ...........-.......................... ....................... ..................... ..........37 9,03 Project Representative..... ........... ............. ............... ............ ...................... .............. ....38 9.04 Authorized Variations in Work, .................--.- ............. ...38 9,05 Rejecting Detective Work--.............. ....................... .................... ....... ....................38 9.06 Shop Drawings,Change Orders and Payments.,... ......... .......--........ ....... ..;_......39 9.07 Determinations for Unit Price Work.............-............ .................... ................... ......................39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work. .................-........39 9,09 Limitations on Engineer's Authority and Responsibilities......... ...... ................ .................39 9.10 Compliance with Safety Program.............. ........ ..............--..................................... ............40 Article 10-Changes in the Work;Claims ......-.1........................... .................... ....................,,;.,.,.40 10.01 Authorized Changes in the Work .... ............. .................... ..................................... ...40 10.02 Unauthorized Changes in the Work ......... ......... ......... ........................................ ...............41 10,03 Execution of Change Orders.......... ................ ........................................... ...........41 10.04 Notification to Surety ......... . ............. ....... ....................................................... .. 4 10.05 Claims. „ ... ........................................... .............. ....................--............... ...... .......... ............41 Article 11 -Cost of the Work; Allowances; Unit Price Work--.......... ......... ....... 42 11. 11, 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 Change of Contract Price .................................--............................................. ..........................46 12.02 Change of Contract Times.... ....................... ..................................... ............................. .47 12,03 'relays'. --................. ....... .................. .................... .............. .47 Article 13 -'Pests and Inspections; Correction,Removal or Acceptance of Defective Work......................4g 13.01 Notice of Defects. ........ ............................................. ...... ..................... .................-48 13.02 Access to Work...............................................-....... ....................................................... ......-...48 fl 13-03 Tests and Inspections... ............................................... .............................. ..................................49 13.04 Uncovering'Fork. ---.............................. .......... ...................................-,..49 13.05 Owner May Stop the Work ... ....................... ....................................-.................... ...........50 1,106 Correction or Removal of Defective Work.......... .................... ......... ............................. 5�0 1107 Correction Period ... ............... ..........................-............................... ........................ ...............50 1,108 Acceptance of Defective Work, i.,............... .................. .51 13.09 Owner May Correct Detective Work .,...........-................. .............. .......................... .......... ....52 Article 14-Payments to Contractor,and Completion..................................... ...................... ..... .........-52 14:01. Schedule of Values, .. ...... ......I.......-.11-1.1.............. ....... ........................-........I-......52 14.02 Progress Payments....... ...................... ...................... ...... .................... ............ ......-52 14.'03 Contractor's Warranty of Title. - ........... .........----................ ................-55 14.04 Substantial Completion.........................--..........._ ...... ..........-.... ..................... ..............-.55 14.05 Partial Utilization-........................................... .......................---......................... ............. .56 14.06 Final Inspection.....--� ...... .......................... .............................. .................................. ............57 141.07 Final Payment.,,,.................... ...... ........................_., - ................................-................ .............57 14-08 Final Completion Delayed-- .................................. ................................. ...........58 EJCDC C-7110 Standard General Con(litions of the Comtruction Contrad Copyright&)2007 National Society of Professional Engin(*n,for EJCDC. All rights,rewrve& Page Hi -----.................... f ARTICLE I IDEFINITItDNS AND TERMINOLOGY 1.01 Deftned T r nis A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms, listed below will have the meanings indicated which are applicable to both the singular and plural thereof, In addition to terms specifically defined, terms with initial capital letters in the Contract I.Docurrients include references to identified articles and paragraphs, t and the titles of other documents err forn7s 1. Addenda-Written or graphic instruments issued prier to the opening of Bids which clarify, correct,or change the Bidding Requirements or the proposed Contract (Documents. 2. Agreement----The written instrument which is evidence of the agreement between Owner and Contractor covering the pork.. 3. A,taplication,lbr°Per,}^ra ent—The farm 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, . Asbestos—Any material that contains more, than one percent asbestos and is friable or is releasing asbestos libers into the air above current action levels established by the United Mates Occupational Safety and Health Administration, 5. BO---The offer or proposal of a Bidder submitted on the prescribed form setting forth the pricers for the Work to be performed. n 6. 8irt'dei—The individual or entity who submits a Bid directly to Owner. 7; Bidding Docunierits— "he Bidding; Requirements and the proposed Contract Documents f (including all Addenda). u 8. i Bidding Peytrir•ements-LL–The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form,if airy, and the Bid Form with any supplennents. 9. Change Order---A document recommended by Engineer which is signed by Contractor and (Owner and authorizes an addition, deletion, tar- revision,in the Work or an adjustment in,the � Contract Price or the Contra act'(Imes; issued on or after the Effective(Date of.the Agreement. 10. Clcrhn--A demand or assertion by Omer or Contractor seeking an adjustment of Contract Price or Contract Times;'or both, or other, relief with respect to the terms, of the Contract. A demand for money or services,by a third party is not a Clairn. , q I 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning; the Work,,,. The Contract supersedes prior negotiations, repteisentations, or agreements,whether written or oral. ' i EJCDC C•70Q Standard General Conditions of the Construction Contract' t Copyright CO 2007 National Society Kit Protessti)ktai Enginf.4Lrs for EJCDC, All rights,reserved. Page J of 62 6p V 27. Notice 4 Aiva)-d—The written notice by Owner to the Successful Bidder stating that upon: timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement, 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start, to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBv—Polychlorinated biphenyls. 31. Petrolewn—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32, Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and cduthe ativiies comprising the Contractor's plan to accomplish the thin the Contrat Times. 33. Pro J(-let—The total construction of W which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work, A listing of the contents of the Project Manual, which may be bound in one Or more volumes, is contained in the table(s)of contents. 35. Radioactive UaterialSource, special nuclear, or byproduct material as defined by the Atornic Energy Act of 1954(42 USC Section,2(,)11 etseq.)as amended from time to time. 36. Resident Pro.j ct Representative—The authorized representative, of Engineer who may be e, assigned to the Site or any part thereof. 37. San'qdes—Physical examples of,materials,eqtt prnent, or workmanship that are representative of some portion of the Work,and which establish the standards by which such portion of the Work will lie judged. 38. Schedule qf Submittals—A schedule, prepared and maintained by Contractor, of required, submittals and the Aime requirements to support scheduled performance of related, construction activities. 39. Schedule qfllalues—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. FJCDC C-7(W Standard General Conditions ol"the Construction Contract Copyright 207 National Sodetv of Professional Engineers for F.)CDC. All rights resvirved. Page 3 of 62 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work- is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Conti-act Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Conti-act Times. 1.02 Terntinology A. The words and terms discussed in Paragraph 1,02.B through F are not defined but, when used in the Bidding Requirements oi-Contract Documents, have the indicated meaning. -tain Terins or Aqjectives: B. Mtent of Ce) I. 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 deten-nination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the desi 9 n concept of the Project as a functioning whole as shown or indicated in'the Contract'Docurnents (unless there: is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty, or authority to supervise car- direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9,09 or any other provision of the Contract Documents, C. Dc�w 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. D4-fy •tive: 1. The word "defective,"' when modifying the word "Work," refers to Work, that is unsatisfactory,faulty,or defic'ient in that it: a. does not conform to theContract Documents,; or b. does not meet the requirements of any applicable ins'poction,,reference Standard, test, or approval referred to in the"COntract Documefq,5; or c. has been damaged prior to Engineer's recommendation of, final payment (unless responsibility for the protection 'thereof has been 'assumed by Owner at Substantial, Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard General Conditions or the Con-struction Contract Copyright b 2007 National Society of Professional Engineers for OcDc". All rights reserved. of 62 2.04 Starting the tVork. A. Contractor shall start to per-t'orin the Work on the (late when the Conti-act Times commence to run. No Work shall be done at the bite prior to the date on which the Contract Times commence to run. 2.05 Befin-e Starling Construction A. Pi-elinfinai-y Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer foi-timely review: 1. a preliminary Progress Schedule indicating the tirnes (numbers of days or dates) for starting and completing the various stages of the Work-, including any Milestones, specified in the Contract Documents; 2, a preliminary Schedule ofSubmittals; and I a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work, 2.06 Preconstruction Conference;Designotion,qf Authorized Rej)resetnatives A. Before any Work at the. Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A,procedures for handling Shop Drawings and other subrifittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authoriZed representative, with respect to the services and responsibilities under the Contract, Such individuals shall have the authority to transmit instructions,, receive information, render decisions relative to the Contract;and otherwise act on behalf of each respective party. I)tance of Schedules 207 Initial Ace( A. At least 10 days,before,Submission of the first Application I' 'o,r Pay entz c on ference attended by Contractor, Engineer, and others as appropriate Will, be,'held to review for acceptability to Engineer as provided below the schedules submitted, in accordance with Paragraph 2.05.A. Contractor shall have an additional: 1,0 days,to rhake:comeetions s aftd,adjustments and to complete and resubmit the schedules. No,progress, payment;shall be ma&- to Contractor until acceptable schedules are su'bmitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work, to completion within the Contract Times, Such acceptance will not impose on tip EJCDC C-7114)Standard Ceneral CA)nditians of the Constrodion Contract C ,),right 0 207 Nathmal Society or Proressinnal Enginet.rs,for FJC�DC, All rights merved. Pagel of 62 3.03 Rej)orfing and Resohing,Disc ci-epanc.l tW A. Rejwrfing Discrej,)fmcies: I Contractors Review(?f Contract DocionewsBe fin,eStarfing Work: Before undertaking,each part of the Work. Contractor shall carefully study, and compare the Conti-act Documents and check and verify pertinent figures therein and all applicable field measurements, Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation oi- clarification from Engineer before proceeding with any Work, affected thereby, 2. Contractoi-'s Revielt, of Cowi-ac,,f Documents Dia-ing Pe�formance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Conti-act 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 tai- supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04, 3. Conti-actor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, oi- discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Dh�crel)and es: 1. Except as may be otherwise specifically stated to the Contract Documents, the p ro,v,sion f i s o the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy,between the provisions of the Contract Documents and: a, the provisions of any standard, specification, manual, oi- code, or the instruction of any Supplier (whe ther or not specifically incorporated by reference in the Conti-act bocunients); or b, the provisions Of any Laws, or Regulationts: applicable t 0 the performance of the Work, ' runless such an interpretation of,the;provisions,of the Contract Documents would result in violation of'such Law or Regulation). 3.04 Ainendin,and SuplVementing Contract Do(*U'1)1UM1t$ A. The Contract Documents maybe amended, to provide"for additions, deletions; and revisions in the Work, or to modify the terms and conditions, thereof:by either a Change, Order or a Work Change Directive. B. The requirements of the Contract Docurnents may be supplemented, and minor variations and deviations in the,Work may be authorized,by one or more of the following ways: EjCDCC-700 Standard General Conditions,of the Constructit)"Contract Copyright 0'219)7 National Switkyof Profemional Engineers for EJCI)(. All rights rmmod, Page,4 of 62 ARTICLE 4—AVAILABILIT'V OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Ai,ailability oj'Lanfls A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrance', or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for casements for permanent structures or permanent changes in existing facilities, If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's fumishing the Site or a part thereof,Contractor may make a Claim therefor as provided in Paragraph 10.05, 13, Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4,02 Subsu fine and Physical Conditimm 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 subsurf4cestructures at the Site(except Underground Facilities): B. Li wait e&Rehance k) y Contractor oh, Technictil Dato Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings; but such reports and drawings are not Contract Documents, Sue'h "technical,data" is identified in the, Supplementary Conditions. Except for such reliance oil such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners,, employees,agents; consultants,or subcontractors with respect to'. I. the completeness,of such reports,and drawings, for'C",,"oritfaetot I's,purposes,4 including, but not limited to, any aspects of the means, methods, techniques sequences, and procedures of construction to be employed by Contractor,, and safety precautions'and programs, incident thereto;or 2. other data, interpretations, opinions, and information contained in such reports orsbown or indicated in such drawikgs;or 3. any Contractor interpretation of or conclusion dtawnfrorn any "technical data" or any such other data,interpretations, opinions,Or information. EEC DC C-700 Stu'ndard General Conditions of the Construction Contract Copyright(D 2007 National Sodety of Professional Engin(v_rs for EJCDC, All rights reserved. Page I I of 62 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such filial commitment; or c. Conti-actor failed to give the written notice as required by Paragraph 4.03A 3. If Owner and Contractor are unable to agree oil entitlement to or on the amount or extent, if any, of any adjustment in the Conti-act Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, member,,;, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges ofengineers, architects, attorney,,,,,, 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 Undergi-ound 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 oil information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: I. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall. have full responsibility for: a. reviewing and checking all such information and data; b, locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners, of such Underground Facilities, including Owner,during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting,ftorn the Work, B. Not Shoiviz&Intlicated: I: If an Underground Facility is uncovered or revealed at or contiguous, to'the Site which was not shown (if indicated, or not s''hown or indicated,with fe4s(irlable,4 curacy in the Contract n ,o�111 In Documents, Contractor shall, promptly after becoming aware, thereof and before further disturbing conditions affected thereby or performing any Work in'connection therewith (except in an emergency as required by'Paragraph 6.I'6.A),,' identify the owner of such Underground Facility and give written notice, to that owner and to) Owner and Engineer. Engineer will prompt]y review the Undergrouild Facility and determine the extent,if any, to which a change is requked in the Contract Documents to reflect and document the EXI)CV-700 Standard General Condi,tions of the Construction Contract Copyright @21007 National society,of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Docurnents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazar-dous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work, may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Conti-act Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume,, such Work under such special conditions, then Owner may order the, p6rition' ' W of the ""Fork that is, in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjtt.Mmerlt in Contract Price or Contract Times as as result of deleting such poition of the Work, 'then eithef party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work, perfortned by Owner's own forces or others in kc0r6hc&with Article T 0. To the fulIest extent permitted by Laws andRegulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the Q' I'ficeis directors, embers, p4ilners, employees, agents, consulvants,, and subcontractors of each and any of them I and against all claim,,,, costs, losses, and damages (including but not limited,to a)j fees,:and charges of engineers, architects, attorneys:, and, other professionals and all court or ' arbitration, or other, dispute, resolution costs) arising out of or relating to a Haza,rdous Enviroffrnental Condition, provided that such Hazardous Environmental Condition., (J) was not shown (,)r indicated,in the Drawings or Specifications or iolefitifiedl,in the Contract Documents to be, included I within the scope of the Work, and,(ii), was not created by Contractor or® b for Y anyone whom Contractor is responsible. Nothing in this Paragraph 4.06.E shall obligate Owner ttr indernnify,any individual or entity from and against the consequences of that individual's or entity's own negligence. FJCDC C-700 standard tgeneral Condith,)ns of the Canstruction Contract Copyright(D 2007 National ltiotiety ot'Professional Engineers for EJCDC. All rights reserved. Page,15 of 62 meet such additional requirements and qualifications as maybe provided in the Supplementary Conditions. 5.03 Cert(ficutes qf Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificat( s of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor, E. The insurance and insurance limits required herein shall not be deemed as a limitation OD Contractor's liability under the indeninities granted to Owner iii the Contract Documents. 5.04 Contreiclors Jnsuranee A. Contractor shall purchase and maintain such insurance, as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or, result from Contractor,"s performance of the Work and c'ontractor's other obligations under the Contract Documents, whether it i�to be performed by Contractor,'any $ubcontractor or Supplier, or, by anyone directly or indirectly employed by-any of them to perform any,of the Work, or by anyone for whose acts any of them may be liable: fl L, claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damagos because, of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claim for damages,beca'use�of bodily injury,, ,sickness;or disease,sir death of ally person other than Contractor's employees, 4, chilims,for damages insured,by reasonably available personal injury, liability coverage, which are sustained: EJClYC C-700 Standard(;eneraf Condiflofis of the Construction contrad Copyrigbt(D 2007 Nationai Socieo of Professional Engineers for EJCDC. All rights rt�erved. Page 1"7 of 62 I 5,05 t"7ri ner :s Licabili" y h7surcancc A In addition to the insurance required to be provided by Contractor under Paragraph 5,04; Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insur-can- 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 frill 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 1. include the interests of Owner, Contractor, Subcontractors, and Engineer; and any ether individuals or•entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents., consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and Shall be listed as a loss Payer; 2, be written can a :Builder's Disk "all-risk" policy form that shall at least include insurance for physical logs or damage to the Work, temporary buildings, falsewwlork, and materials and equipment in transit, and shall insure against, at least the following perils oi- causes of loss. fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake; collapse, debris removal„ demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by food), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects), 4. coves materials and equipment stored ;fit the Site or at another location that-was,agreed to in writing by Owner prior, to being incorporated in the "Fork, provided that such materials and equipment have been included in an Application for-Payment recomm nded by engineer; t 5. allow for partial utilization(if the Work by Owner, r ` 6. include testing and startup;and 7. be maintained in effect c t untrlfnal payment Is made Unless,otherwise.agreed to in writing by I 0l vfiefl Contractor, and Engineer,with, 30 ,days, wr tten notice to each;other loss payee to �. whom a certificate of insurance has been issued. 11, Owner shall purchase and maintain such equipment breakdown insurance or additional property t insurance as may be required by the Suppleinentary Conditions or,Vows and Regulations 'vhich will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other' l individuals or entities identified in the Supplementary Conditions, and tote officers, directors, EJCDC'C,ri7 AJ Sondard General Conditions ofi the Cons ruetion Contract Copyright C,2007 National society of Professional Engineers for EJC DC. All rights reserved. Page 19 of 62 r i 1, s 1, loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or dar ape to Owner's property or the,Work caused by, arising out of, or resulting from tire:or other perils whether or not insured by Owner; and 2. lass or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other-insured peril or cause of loss covered by any property insurance maintained on the completed Project car Mart thereof by Owner during partial utilization pursuant to Paragraph 14.85, 'alter- Substantial Completion pursuant to Paragraph 14.014, or after final payment pursuant to Paragraph;14.07 C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss I referred to in Paragraph 5.07.B shall contain provisions;to the effect that in the event of payment of any such loss, damage, oz- consequential loss, the insurers will have no rights of recovery against Contractor, subcontractors, or Engineer, and the officers, directors, rneiribers, partners, employees,agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Ali Vication (af l'rasurttnce Proceeds A. Any insured logs under the policies of insurance rewired by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the bass payees, as their-interests may appear, subject to the requirements of any applicable mortgage clause and of Para;g ph 5.08.13. Owner gra shall deposit in a separate account any money, so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account, thereof,and the Work and the cost thereof coverer by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust anal settle any loss with the insurer; unless one of the parties in interest shall object in writing within 15 days wafter the occurrence of loss to Owner's exercise of this power. If such;objection be made, Owner as fiduciary shall make' settlement with the insurers in accordance,, with such agreement as the parties in interest may reach. If no such agreelment among the parties in interest is reached, Owner as fiduciaar shall adjust and settle the loss with the Insurers; and', if required in writing by any party in interest, Owner as fiduciary shall give'band for the proper perforniance of such'diuties, .09 Acceptance qf Bontfs and Insu,rtznce,•Opt,ion try R(?p1gce A. If,ei ther Owner or,Con tractor fa a s 'any calrtwctzran to tlaecovet,age afforded,by or ether provisions of the bond; or insurance r�egtti.r d`;to be pu 6,a:sed'ai d maintafruedby the other party in accordance' with Article on the,basis caf nonyct)nf'o-h ance with the Conlract.Documents, the 6bJecting,party 1 shall so notify the rather days atfter receipt ofth&cOrtificates or oth er evidence requ swo) required,by Paragraph U)LR. Ownea,and Contractor shalt,each prouidq to. the other such additional infora-aaation in,, respect, 'of` ,insurance provided as' the other may reasonably request. If itirei party dries neat;pgreb ase or maintain all of the bonds and insurance rewired of such party by the ontraai t brit tarn tints, such parity shall ncttif tlae other, party in writing of such failure to purchase prior°tea tl e start of the ' `orlc, or of such faaiturc to maintain prior to any change in the required coves. e. �4'itlaoint prejudice to and other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's FJCDC G700 staudard Mineral Conditions or the C.unstruction Contract Copyright 2007 National udety of Pa okssiimat F ngin ers for"CDC. Ain rig guts reserved, I e 21 err 62 i 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, Conti-actor shall furnish satisfactory evidence (including reports of required tests) as to the source,kind, and quality of materials and equipment. C. All inaterials 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 Conti-act Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from tirne 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 Conti-act Times shall be submitted in accordance: with the requirements of Article 1.2. Adjustments in Contract Times may only be made by a Change Order. 6.0 rrl siitzites avid "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required, Unless the specification or description contains or 1's followed by words reading that no like, equivalent, or "or-equal" item or no substitution is, permitted, other items of niaterial or equipment,, or material or equipment Of 'Other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal"Items: If in Engineer's sole discretion an item of material or equipmentproposed by Contractor is functionally eq;,ual to that named and sufficiently similar so that no change,in related Work, will, be, required,, itrna'Y be considered b� Engineer as an "or=equal" item, in which case review and approval, of the proposed item ni'ay', in Engineer's sole discretion, be accomplished without conipliatice, with ,so proposed substitute items, I Me or all Of the requirements, for` approval of For the, purposes of"this Para era ' ,raph,6.05,.A.I,, a, proposed item of material or equipment will he considered functionally equal'to an itern so named if: a. in the exercise of reasonable judgment Engineer determines,that: 1) it is at least, equal in matdfial,s of construction quality, durabil ty, a ppe ar a ie e, strength, and design characteristiog, EJUXJ-70 Standard GvneraU Conditions of the Cons#uetloo Ointract Capyrigbt 2007 National Society of Professionai Engineers For QCDC. All rights reserved. Page'll (if'62 c) whether incorporation or use of the proposed substitute item in connection with the Work, is subject to payment of any license fee or royalty,, 3) will identify: a) all variations,of the proposed substitute item from that specified, and b) available engineering,sales,mainteriance,repair, and rephaceu►ent services; and 4) shall contain an itemized estimate, of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedia-es: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Conti-actor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements foi- review by Engineer will be similar to those,provided in Paragraph 6.05.A.2. C, Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute it'em. 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 Chan ge Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise,Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a specialii performance guarantee or other surety withi respect to and substitute:. E, Eiigineei-'s Cf)vtReiiiibw,.Ntinent: Engineer will record Engineer"s costs in evaluating substitute proposed or submitted by Contractor pursuant to Paragraphs,6.05 A.2' and 6.05 B. et h heror not: Engineer approves a substitute, so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable,cba',r#,OS,,,t)f Engineer,for evaluating, each,, such proposed substitute. Contractor shall also reimburse,Owner for the're"a'so'nable charges of Engineer for 'Making changes, in the Contract Docurbents"(or in the pl-ovisipn of any other,,dif&t contract with Owner"),resulting,from the accepta,nee ofeiich proposed,subs,tit,ute". wclors Expense: Contractor shall pro F. Conti sub all data in support of any proposed s stitute or "'or-equal,"at Contractor's expense,. 6.06 Concenli►g�ubcontl*a(,,16rs, SuplViers, 01741,0thers A. Conti-actor shall not employ any Subc,,on tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.0 ,B), whether initially or as a replacement, against whom Owner may have reasonable objectfort. Contractor shall not be EJCDC 0-700 Standard General Conditions()'fthe ConAruction,contract Copyright(V 2007 Nutiunal.Socle4y of Professional Engineers ror'EJCDC. 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, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Nient Fees and R(,yyalties 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, oi•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 En 9 ineer, 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 frorn and against all claims,costs,losses, and darnages (including but not limited to all fees and charges of engineers, architects, attorneys,, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention,design, process, product,or,device specified in the Contract Documents, but notAdentified as being subject to payment of any license fee or royalty to others required by patent tights or copyrights, C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners,ernployees, agents, consultants and subcontramrs of each,a'nd"a lny of,them from and against all claims, costs, losses, and darnages (including but not limited to all fees arid,charges of engineers, architects,attorneys, and other professionals and all court or arbitration n or other dispute resolution costs) arising out of or o any infringernent of p'terrt', rights or copyrighf's�, inc" 9 4 ident to the use in the performance of the Work or resulting from the incorp " of any invention, �oratiopl in the Work design,process,product, or device riot,siPeciftdd in the Contract Documents, 6.08 Perinits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay, for all construction permits, and licenses, Owfier'shall'assia Contracior, when nec6saryjn obtaining,, such permits, and licenses, Contractor shall, pay,all, governmenttil charges and inspection fees necessary for the prosecution of the Work wbi"h,are applicable at,'the time of opening of Bids,or, F �,p if there are no Bids,on the,8f1"ecflv6 Date,of tine'Ag*eMebt. Owner shall pay all charges of utility owners for connections for providing perraithe'rriservice to the Work. EJCDC C•700 Standard Generalk,ondifioifts of the,Construction Contract Copyright(D 2007 National Soeiety,of Professional F"gineers for FJCDC. All rigb'b;reserved. Page V of 62 by any such owner oi- occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based-upon Contractor's performance of the Work, B. Renwl�al oJ' Debris During Peifin-niance eff the Work: During the progress of the Work, Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations, C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site arid the Work and make it ready for utilization by Owner. At the completion of the Work-Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents,. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of'the Work or adjacent property to stresses oi-pressures that will endanger it. 6.12, Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work, Change Directives, Field Orders,, and written interpretations and clarifications in good order and annotated to show changes made during construction, These record docurnents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference, Upon cornpletion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 SaPq,and Protection A, Contra(Jor shall be solely responsible for, ntit'.iatin'g,, marntalnrng and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the satfety of persons far property in the performance of their work, nor for compliance with applicable: safety Laws and Regulations. Contractor shall take all necessary precau'tions for the safety of, and shall provide the, necessary, protection to prevent damage, injury or toss to: I., all,persons on the Site or who may be 'ecte ,hay the-Work,; aff d 2, all the Work and materials and equipmOnt to be,'incoetiorated therein,whether in storage on or off the,Site; and 3. other property at the Site; or adjacent thereto, including, trees,, shrub,,;,, 'lawns, walks, paverneitts, roadways, structures„ utilities,, and Underground Facilities, not designated, for removal,relocation, orreplac�iii:ent,,'iji,the,co(ir. ,,of,c,)on" se struction. B. Contractor shall comply with, all applicable, Laws; and Regulations relating to the safety of persons or property, or to the protection of person,,,,, or property from damage,,, injury, or loss; and EJCDC,C-700 Standard General Condi('Was 4 C fthe, onstrue'tion Contract Copyright�D� 2007 National Socktil of Professional Engineers for F.JCI)C,. All rights reserved. Page 29,tit 62 ................................ required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Droivings 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 Drawings: a. Submit number of copies specified in the General Requirements, b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. SamjVes: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6..17.D, B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule, of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Subinival Procedures: I Before submitting each Shop Drawing or Sample,Contractor shall have. a. reviewed and coordinated each Shop,Drawing or'Sample,with other Shop Drawings and Samples,and with the requirements of the'WorklArad the Contract Documents, b. determined and Verified all field measurements, quantities, dimensions, specified perlormance and design criteria; installation, requirements, materials, catalog numbers, and similar information with respect thereto c, determined and verified the suitability-of at[ Mai6'riii1s; offered, with respect to the indicated application, fabrication, shipping, handling, sforap�&, assernbly; and installation pertaining,to the performance,60he Work; and d, deterniined and verified all information relative to Contractor's res onsibilitjes for P , means, methods, techniques, sequences, and procedures of construcfi0r), and safety precautions and programs incident thereto. EJCD,C C-700 S Copyright(0 21K)7 National Society orprok.ssional Enginecrs ror,LJCt)(7, All eights rvk�rvrd. Page 31 of 62 f 0,19 Cranri°c CIor hs General [,Kn-ramy ant]Guarantee A, Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partner;, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or dattaage caused try 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any tither individual or entity for whom Contractor is responsible; on 2, normal wear and tear under normal usage, C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance ofWork 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 3 the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4, use or occupancy of the Work or an art thereof b Owner any y 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of"acceptability by En in er, 6. any inspection,test, or approval by others; or 7. any a correction f defective � � e Work by Owner. 6.20 ,Ir(Pntazr; r'(Mcrra A. To the fullest extent permitted by Laws and Reg4lations, ontt°actor shall- indetrinify and hold harmless t wlrel and Ertfanaea, and the,officers, directomi morrtbers, partners;employees, agents, copsultIants and,subcontractorsi,of eai:h and any of them frcam=artd,a ainst all o�aina , costs,tosses, and damages (including but not limited to all fees And charges of eltglneel?s, awhitects, attorneys, and rather professionals and all,court or arbitration or othefdisputo resr�rlution costs)arising out of or relating to the,performance of the Work,provided that any sorb claim,cost; lo,: ,or damage is attributable to beadily injury,sickness, disease,,,or,degth,,of~;tai irlfury tea ox denwttaaoti�afl of tangible property(other than the."Work, itself), including the lass of user salting ther fIom but only to the extent caused b any negligent tact or omissions of Contractor, any Sub,contriact r,an Supplier,air ,any individual or entity directly or indir tly,employed by any-of theme to perforate any of the Work or anyone for whose accts any,of them maybe liable . E„CEf)C',C-7a1d;`,tandard General(.addition of the Construction contfact Copyright(c)2007 National society of P'rofessionat cn'gin€Xr;for F CDC 811 ri�htj�reserved. PaV33 of 62 i E, Contractor shall not be responsible for the adequacy of the Performance or design criteria required by the Contract Documents, ARTICLE 7—OTHER WORK AT THE SITE 7.01 Relateel Work,4it Site A. Owner may perform other work related to the PrQject at the Site with Owner's employees, or through other direct contracts therefor, or have other work, peiformed by utility owners. If such Bather work, is not noted in the Contract Documents,then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Clairn may be made therefor as provided in Paragraph 10,05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if OWDel-is performing w 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 a'Itering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work, will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper'execation or results of any part of Contractor"s,Work depends,upon Work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other I work that render it unavailable or unsuitable for the proper execution and results off'Contractot's Work,,. Contractor's failure to so report will constitute an acceptance of such other w I ork- as fit:' I and proper for iritegration with Contractor'5 Work, except,for tatent defects and deficiencies,in such other work, T02 "Cr'ordip(Ition A4 If Owner, Intends, to contract with others fortbe perfornilanIce-of other w,(,,),rk,,,on the Project at the Site, the fqllowing, will be set,firth in Supplenwntary Conditions: 1. the indiv'idual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2., the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsib i lities will be provided. FJCDC(7-700 standard General Conditlonsofthe "I struction Contract Copyrigbt(b 2007 National Sovjeq olf Professional Engineers Jor 00)(7. Affrights reserved. Page 3S of 62 8.07 Chonge Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests,antl Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set, forth in Paragraph 13.03,B. 5.09 Limitations on Owner's Resj)onsibilities 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 Environtnewal Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.1 1 Evidence ql'Finaneial An-angetnents A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been rnade to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Se?ft,ty Prograni. 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 info)rmed pursuant to Paragraph 6.13.D. ARTICLE 9-ENGINEER'S'STATUS DURING CONSTRUCTION 9.01 Owner's Reln-esentatilve A. Engjneief Will be Owner's representative during the construction period. "The duties and responsibilities, and the lirriftationi of authority of Engineer as Owners', representative during construction are set forth in the Contract Documents,. 9.02 Visits to Site A. Engineer make,visits to the Site at intervals,approp riate,to the various stages of construction as, Engineer deems necessary in order to observe as-,an experienced and qualified, design professional the progress that has: been made and the quality 0f, the various, aspects of Contractor"s executed Work. Based on information obtained during such visits and'observations, Engineer, for the benefit of Owner, will'determine, in general, if the Work, is proceeding,, in accordance with the Contract Documents. Engineer will not be required to make exhaustive or QCDC(,"-700$tandard General Conditions,or the CoustrtictionCoiltract Copyrilght CO 207 National Society OfVrofasi(inal Engineers for EJCDC, All rights reserved. P—A of 62 9,06 Shop Draivings, Change Oroers and Payinents A. In connections with Engineer's authority, and,'limitations thereof, as to Shop Drawings and Samples,see Paragraph 6,17, B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design set-vices, if any, see Paragraph 62 1. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14, 9.07 Determinationsj6r Unit Price Work, A. Engineer will deterrnine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary deterin i nations 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, subkject to the provisions of Paragraph 10.05. 9.08 Decisions on Requireirients ql'Conlroct Docionents and Acceptabihy oj'Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment,is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. It' Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times orboth, a Claim maybe made under Paragraph 10.05. The date of Fpgjn"r's decision shall be the date of the event giving,rise ,th' 'or the e to, el issues referenced 'f car C. Engineer's written decision on the,, issue referred will be firtal, and binding, on Owner and Contractor,sub�jcct to the provisionsof Paragraph 10.05,. D. When functioning as interpreter and judge under this Paragraph,9,.08, E hgineer wil I not show Paitialilt, tai,,OW),ioi- or Contractor,,and',will n(,)tbe liable,ineonnection,witban yJnterpr&', tit rl'ot decision,rendered in good faith in such capacity. 9.09 Lhniteifions on Engfineer'S A uthorit !sp()ns tbdiijcs, y,anil,Re A. Neither Engineer"s authority or responsibility under th'is Article 9 or under any other provision of the Contract Documents nor any decision made,by Engineer in good faith,either to exercise or not FRIX,C-700 Standard General Conditions of the amstrucfion Contract Cop yright(D 2007 National Society of Professional Engineers for EJCDC. All rights reserved, Pa—39 of 62 10.02 Unauthori.zed Changes in the lilork A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Conti-act Times with respect to any work performed that is not required by the Contract Documents as amended, niodified, or supplemented as provided in Paragraph 3,04, except in the case of all emergency as provided in Paragraph 6,16 or in the case of uncovering Work, as provided in Paragraph 13.04,D. 10M E vec�ittioii cif Cliaiige0iciti-,v 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 10.01A, (ii), required because of acceptance of defective Work, under Paragraph 13,08A or Owner's Correction of defective Work under Paragraph 13.09, or(iii) agreed to by the pal-ties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 1 changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule,as provided in Paragraph 6.1.8.A. 10.04 Notification,to Sure y A. If the provisions of any bond require notice, to be, given to a surely, of any chan affecting the general scope of the Work or the provisions of the Contract DoculnentS, (inc1uding, but, not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility., The amount of each applicable bond will be adjusted,to reflect the,,effect,of any such change, 10.05 Claims A. Engyineer-s Decision &,quired- ,All, Claims, exec d. pt those, waivd pul-s1tant,t0,,,ParAgrapb 14.09, shall',be, referred for the Engineer for decision. A decision by �s ha!L be required as a condition precedent,to any exercise 'by,Owner or Contractor of any right sior,remcAie either may otherlwise, have under the Contract,00cumOrits-, or by Laws and',Re 'Utjons',,,i "respect of such Claims. B. Notikv: Written notice,,,stating,the general nature of each Claint sbaftbe,401,iye' rdd,byr-the,claimant, to Engineer and the other party to the Contract,promptly(but,in no event,WerthAn,3,0,days) after the start of the event giving rise thereto. The responsibility to substantiate,a Claim,shall rest with the, partly making the Claim. Notice'of the amount or extent of the Claim, with supporting, data FJCDC C-700 Standard Gene'ral Conditions of the Construction(;bntract Copyright,0 200 National Society of Proftissignal Fnginvers for EJCDC. All rights r"erved. Pu—41 of 62 I Payroll costs for employees in the direct employ of Contractor in the pefforniance of the Work under schedules ol',fob classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, forenien, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall. be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries arid wages Plus the cost of Cringe benefits, which shall. include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside ofregular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner'. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts,rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work, performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver Such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the sarne manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special' consultants (including but not limited to engineers, architects, testing laboratories,, Surveyors, attorne'ys, and accountants)employed for services spec a to,the.Work,, ificllypel6ted 5. Supplemental,costs including the following: a. The proportion 'of necessary transportation,, travel, and subsistence expenses of Contract 6r's,eimpjoyee5 incurred discharge of duties connected with,the Work,,. b. Cost,, including transportation;-,,arid,roaanten,iiii of" all materials, 'suo" jes machinery,, 'a�ppliattjc pl , equipment, e,s,, office ,arid' temporary, ilifies'afthe Site and band tools not Clue peffoniali ce, of the,Work, and cost, owned by the workers, which are consumed in' less nrarkot'vdlue, of's 4eh items used.but not consumed, �Vbich',remain file property,of Contractor. c. Rental° ofall construction eq4i ,Maud machine� p1b ry,,and the part&;th*reo rited f whether rel, from Contra'ctor,or,others in a'C"Ccc'irda'tic,,e,,Nvith,rental'agreenients, approved,by Owner with the advice of Engineer, and the costs, of transportation, loading, unloading, assembly, dismantling, arid removal thereof. All Such costs shall be in acuordance with the terms of' W(M4'C-700 Standard Generat Candiflow"uhf`the Construction Contract Copyright @ 2007 Nationat S(wjekV orpro f"sional,Engineers for EJCDC.", All rights reserved, Page 43 of 62 limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs I LOLA. C. Conti-actors Fee: When all the Work is perlormed on the basis of cost-plus,, Contractor's fee shall be determined as set forth in the Agreement, When the value of any Work covered by as Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.0. R Doctanvntation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 LA and I1.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost break-down together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances, include the cost to Contractor(less any applicable trade discounts)of materials and equipment required by the allowances, to be delivered at the Site, and all applicable taxes; and b. Contractor's cos tsi for mriloading and handling on the Site, labor, insujllati n, overljeadA profit,and other expenses contemplated for the cash allowance's have been included in the Contract Price and not in the allowtances, and no demand for additional, payment, on ac count'of any of'the foregoing will,be'valid., C. Contingency Allowanc°e: 1. Contractor agrees that,a cotitingoney allowance, if any, is for tbesole use of Owner to cover unanticipated costs. D. Prior to final payment,, an appropriate,Change Order will be,issued as recomm to refs eei actuat amounts,d' e,,C, ended byEingineer u u , ohtractor,(,,�fj ac count, Of Work,, covered by and the' Contract Price,shall be cor,,ro,spond"ii ly'aojusted 11:03 Unit Price Work, A. Where the Contract Doclinients, provide: that all Or Part, of tile Work- is to be,LTInit Price, Work initially the Contract Price will be deemed to include for all Unit,Price,Work,ah amount equal to EJCDC C-700 Standard Gweral Conditions,of the Construction contract Copyright 00 2007 National Society of Prof,0190onal Fngihvers for EJCDC. All rights rvwrved, Page,45 of 62 C. Conti-acl.ors Fee,- The Contractor's fee for overhead and profit,shall, be determined as follows: 1. a mutually acceptable fixed fee; or 2, if a fixed fee is not agreed upon, then a fee,based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs I LOLA.I and 11.0 LA-2, the Conti-actor's fee shall be 15 percent; b, for costs incurred under Paragraph I 1.01.A 3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work, plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0 A and I I.01.A.2 and that any higher tier Subcontractor and Conti-actor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d, no fee shall be payable on the basis of costs itemized under Paragraphs I 1.0l.A.4, 11.00.A.5, and 11.0 1.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction, in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits, are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01,.C.2.a through 12.01.C.2.e,inclusive. 12,02, Change of Contract Threw A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times, shall be based on written noti sub' u mitted by the party making the'Claim to ce, r the Engineer and the other Ocity (o the Corift'act in accordance with the provisi 10.05. ons,of Paragraph B. Any adjustment, of the Contract Times covered bv,,a Change, Order or auy 'Claifri f ad, ustmetit in the Contra�t Tinges' will, be Oe' oi an J I ' tormiheo in accordance with the provj,�i ns: of this Article' 12'. 'P 12.03 Deloy's A. Where Contractor is prevented,from,completing any part,,of,the,Work with in the,Contract Th I due to delay beyond the control of Contractor, the Contract Times, will be extended ift,tqn amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02-A. Delays beyond the control of Contractor shall include, but not be limited to acts or EEC DC C-700:Stand4trd General Coqditjons(if the Construction Contract' C',opyrigbi CO 207 NationW Skiety ofTroie.4o nal Enginmn for EEC UC All rights reserved. rage 7 of 62 13.03 Tes,is and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests,or approvals required by the Contract Documents except: 1. for inspections, tests,or approvals covered by Paragraphs 13,03.0 and 13.03.1)below, 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 1.3.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested,, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix des,,igns, 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 acceptableto Owner and Engineer. E. If any Work '(or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, COhir4ctor shall, if'requested by Engineer, uncover such Work for observation. F, Uncovering Work as provided in Paragraph 13,03,13 shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractori intentio'n to cover the same and Engineer has not,acted with reasonable,,promptness' in response to such notice. 13.04 Uhcovering Work, A. If' any Work, is covered contrary to the written request of Engineer, it must,, if reqttestqd, by Engineer,be uncovered for Engineer's obwvation and replaced,at Contfactor"s expense, B, If Engineer considers it necessary or advisable"ithat,covered,W,"ork be observed by Engineer or inspected, or tested by others, Contractor, at Engineer'S, request, shall 'uncover, expose, or I othei vise make, available, f"Or 6bservittion,,Ihs'inspection; or testing as EngJneer that 'P, may'r portion of the Work, in question,furnishing all necessary labor material,and e' quipment. EJCDCC-700 Standard G entral Conditions,of the construction Contract Copyright Cf>2007 National$40i0V of PrOfi-,Ysitntal Engine r5 fork.]QW. All right;rewryed. Page 49.,Qf 62 I. repair such defective land or areas, or 2. correct such defective Work{ or . if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective,and 4. satisfactorily correct or repair or remove and replace any damage to rather Work, to the work of others or,other land or areas resulting therefrom. E. If Contractor does not promptly corriply with the terns of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work; corrected or repaired or may have the rejected Work reproved and replaced. All claims, costs, lasses, and darna es (including but not limited to all fees and charges of engineers, architects, attorneys., and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor: C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work,the correction period for that item may start to run from an earlier date if so provided in the Specifications: D. Where defective Work (and damage to other- Work resulting; therefrom) has been corrected or re'noved and replaced under this Paragraph 13.117 the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be eonstrued as a substitute fair, or a' waiver of,the pirovisions of any applicable statute of litnitatian or repose. l 1 l.fl$ Ace rra c t f fi?ctive Work r k A. bf, instead of requiring correction of rerri'm'tl and replacement of defective'Work, Owner farad, prior to Engineer's recommendation of final payment, Engineer) prefers,to accept it, Owner Wray do so. Contractor slhalI pay all claims; cost,losses, and damages (including but not`lirnited to all fees and charges of engineers,, architects attcrrMneys, and other professionals and all court or arbitration or other dispute resolution',costs) attributalale to k vner's evalnatian of and deternxirtation� to accept such defective W c rk, (such costs, to,,be approved by Engineer as to re asonableness) and liar the diminished value of t r`"ork to the extent not oth erwise paid by Contractor pursuant to this senit ice. if Any 'such acceptance occurs prior, too Engineer's recommendation of final payment, a Change 'Order will be issued incorporating the necessary revisions in the!Contract Documents with respect to the;'Fork, and Owner shall be entitledtaa an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the an Owner thereof„ may make a Claim therefor as provided in Paragraph'l11. 5.'lf the acct0ince oceul's-after such tecorriniendation,an appropriate amount will be braid by Contractor to Owner Fd4 DCd C-7120 Standard.(,atreral C,ottdltrons or the Construction C'ontraict C op.)!Hglit 0 21)87 National Society of Proms oral Dighi re For 1UCDC. All rights resmed. rage r or 62 f Application for Payment filled out Lind 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 oi• at another,location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice:, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate, property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be, as stipulated in the Agreement. B. Review of Aj.y,?Ii •wions: 1. Engineer will, within 10 days after receipt of each Application foi-Payment, either indicate in writing a recommendation of payment and present the Application to Owner oi- return the Application to Contractor indicating in writing,Engineer's reasons for reffising to recommend payment. In the latter case, Conti-actor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will fi constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work, as an experienced and qualified desi gn professional, and cn Engineer's review of, the Application for Payment and the accompany,ing data:and schedules, that to the best of Engineer's knowledge, inforniatiort and belief- a. the Work has progressed to the point indicated; b, the quality of the Workis general,lyin accordance with the Contract Doctiments (subject to an evaluation of the Work, ,as a functionin h e ''I : I 1 11 1 1 1 1 lg� W 101' prior to or upon Substantial Completion, the results of any subse' qu'etlf:tests,calle'd, for in the Contract ract Documents, a final deterininat ion of quantities crud classifications I f6.i Unit,Price Work under Paragraph 9.0 7,and any other qualifications stated it the recommendation),;and c. the conditions precedent to Contractot,'s,being,entitled IP'socii,payment appear to have been fulfilled iii so far as it is E"jigjileer's,,res,'p'ofisibility to.observe e Work,,. 3. By recommending any Such payment, Eli in&- will not thereby represented that: 9 y be deetried, to have a. inspections made, to, check the quality or the quantity of the Work as it, has been performed have, been exhaustive,,extended to every aspect,of the Work in progress, or EJCVC C•700 Sfnndard General Conditions of thoXongruction,Contract Copyright C 2007 National Society of Professirrnal,Engineers for MCDC. All rights rts-erved. Plow (,2 O. lie&iclion in..P'cryffiera I. Owner may refuse to make payment of the full amount recommended by Engineer because; a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work-, except where Contractor has delivered a specific bland 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 1 .t?2.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for- such action, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any Nadjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.0.I and subject to interest as provided its the Agreement. 14.03 Conlrcrc•tor"ati Mcn7 gala»caf Title A. Contractor warrants and guarantees that title to all "Vr1'ork, matterials, and equipment covered by only Applicaltion for Payment, whether incorporated in the Projector hot, will pass to Owner no later than the,time of payment free and clear of all Liens. 14.04 'Substantial CrDaapk7 Lion A. When Contractor considers the entire Workready for, its intended. use Contractor shall notify, Owner and Engineer in writing that the entire 'fork is subs',iiilly complete (except for items specifically listed by Contractor as incomplete) and request that Engineer,issue a certificate of auabstantial Completion. 8. PtOMPtly after Contractor's notification;, O ner4 Contractor, and, Engineer Shall make an inspection,of the Work to deterinintW the status of completion.,1f Engineer dares not consider the "work substantially complete, Eri,ineer, will ttcitif'y Contractor in writing; giAng the reasons therefiar;. C. ff Engineer considers the Work,substantially complete, ;n itreer will deliver,to Owner a tentative certificate of ubstantiatCompletion,which',sha ll,fi,x the date of ubsiarntial Completion. There Shaul be attached to the certificate a tentative Mist of item S to, be completed or corrected ibefore,' i CIDC("-700 Standard General Conditions;0 this C,,0astruction Contrac t Copyright t tQ 2007 National Society of Proressioiial;r~ns,!in+xrti.raar VJC DC". All rights rewrved. Page 55 oaf,62 7 i 4. No use ran-occupancy or separate operation of part Of"'the Work may occur-prior to compliance with the requirements of Paragraph 5.ltl regarding p roperty insurance L�l 14.06 Final Pais e�c�tion A. Upon written notice fror n Contractor that the entire Work or an agreed P or ion thereof is complete, Engin-neer, will promptly make a final inspection with owner and Conti-actor and will notify Contractor in writing of" all particulars in which this inspection reveals that the Work, is incomplete or detective. Contractor ;hail immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.tf7 Final Payment A. Application.for`.t'cxwmeant I. 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, schedulers, guarantees, brands; certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and father documents, Contractor may make application for find payment following the procedure for progress payments, 2. The Canal Application fear Payment shall be accompanied(except as previously delivered)by: a. all documentation called fran" 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 Claim;against Owner that Contractor believes are unsettled; and d, complete and legally, effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work, 3. In lieu of the releases or waivers of Lima specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may finnish receipts or,rele4sos-in full and an af�i+da t crt Contractor that: (i� the releaises and receipts include- ail lahrnr; seitvices, material, and equipment for which a Lien'couldbe, filed;; and (ii) all payrolls, material and-e± ttip(nenr gills, and other in&bt+ do ss connected with the lrnrk Cyr liiclt 8mher ri'night iii any w ay lie p°espy nsigle;rar which n�i ht in any way result in liehx;tar other,bua'dens on Owner's prop rty, have been paid of otherwise satisfied. 1f any ubc0ntracti°,)i':ore Supplier fails try f urn ii;lf such a release or' receipt in full, Contractor may furnish a Mond a tither c6llateral satis iicttary to 0: rier to indemnify Owner a' inst any Liar, l` . ail�rcr^". l~* n�lr�nt cif" fallr"cra«icarrerrtec> �tcc 1. If, � , can� the basis of Engineer's observation of the- Work during, constn'uetnon and final j inspection., and Engineer"s, review of the final Application for Payment and accompanying EJC DC,C-700 Standard General Conditions of the Cunsiruction Kbntraet Copyright b 207 National 4ode y otprnafemional Enghtmrs,ror JCDC All ri hti,rewrved, r"age57,or tit ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Szisl)end Work A. At any time and without cause, Owner may suspend the Work, or any portion thereof for to period of not more than 9() consecutive days by notice,in writing to Contractor and Engineer which will fix the date on which Work, will be resumed, Conti-actor, 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 1Q05, 15.02 Owner M(�y Terminate,for Cause A. The occurrence of any one oi-more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice Of its intent to terminate the services of Contractor: I. exclude Contractor fron'i the Site, and take possess ioii'of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Siue, abd,use the same,,to the full extent they could be used by Contractor (without liability to oDtra' tor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or foi- which Owner has paid Contractor but wh:ich are Stored elsewhere;,and 3 complete the Work"as Owner may deem expedient, C. If Owner,ptoceeds as provided in Paragyapb, 15,.'021B,'C ontr ac tot shall not,be entitled to receive, any turther, paymen t until th, e Mark is compleW.'JUthe unpaid bz i lance ofthe,CCJntracI t Pr lCc, exceed' A' claims,4 costs, losses,and damag '(in" ud S �es,(inc 'ing but,1(,)tJimt j()"a t 6 and charge§of engineers, architects, attorneys, and other profeSsionals and all "rt or arbitration: 0" other r dispute resolution costs) sustained,by Owner,arising out of or"relating to co W"tithe I Ork, ople th &�� such excess will be,paid to Contractor. If s0eh elaimg,,costs, losses,,,,, and,damages.,exceed such 4 unpaid, balance, Contractor shall pay the difte,fence to, Owner,.,:,Such claims, los costss, i s e s, a d damages incurred by Owner will be, reviewed,,by Etigineer 4s,,to,their re asonableness and, when EJCDC C-700 Standard General Conditions or the 6)nstrutaon cointract Copyright @�2007 National Socieq,of professional,Engineers,(ov,EJCDC, All ri KhLs resierved. Page 59 of 62 to pay Contractor tiny Sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover froln Owner payment on the same terms as provided in Paragraph .15,03. B, In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted,or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may seven days after written notice to Owner land Engineer, stop the Work until payment is made of all such amounts due Conti-actor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 101.05 for an adjustment in Contract Price oi- Conti-act Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methotts and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American, Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall, be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. & Owner and Conti-actor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules,referenced above. C. If the Claim is not resolved by mediation,, Engineer's action under Paragi7aph 10.05,.C,or a denial Pursuatitto Paragraphs 10.,05.C.3 or 10,05.D shall become final and binding 30 days, I after termination of the mediation unless,within that time,perio Owner,or Contractor: 1. elects in writing to invoke any,dispute resolution process provided for in the Supplementary Conditions; or 2. agmes,with the other party to submit the Clai III to an0the'r,dispute to ,s �,solu tit)n proces or 3, gives written notice, to the other party of the intent, to 'submit the Claim, to a court, of competent juriWictilon. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice,, it will be deemed to have been validly given ifi, FQCDC,C-70081andard ceneral Conditions of,the Construction Contract Copyright 0'2007 National Society of Processional Engineers,for EJCD4b.' All rights rcsvrveA. Page 61,of 02 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 I 1.01,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—6h Edition Supplementary Conditions to the General Conditions Page 1 of 12 SC—4.03 -DIFFERING SUBSURFACE OR PHYSICAL NS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times, (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC -4.04 - UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4,04,A.2. I 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 ENVIORNMENTA L CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A. Reports and Drawings: The Special Provisions identify those reports.......... SC-5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injury, or property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified Section 00810—6"'Edition 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 $1,000,000,010, Deductible not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.13. 1 of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices, 6, The Contractual Liability coverage required by Paragraph 5,04.B.4. of the General Conditions shall provide coverage for not less than the following amounts, Each Occurrence $ 1,000,000.00 Aggregate $ 3,000000.0 Section 00810—6th 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 whom a certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph SC5.06 shall comply with the requirements of Paragraph 5.06.0 of the General Conditions. D The policies of insurance required to be purchased and maintained by Contractor in accordance with this Article 5.06,A shall comply with the requirements of GC -- 5.06.C, The qualifications of the insurance company shall comply with the requirements of SC- 5.01A, 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—6hEdition Supplementary Conditions to the Genera] 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 and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer's Resident Project Representative (if any). SC- 1.1.01 COST OF THE WORK Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in its place: 11.01.A.5.c The 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 tinder the cost of the Work method, Transportation, loading and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as follows.- 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost, 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 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—6h 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: I The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. 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.Lc 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 00810-6"'Edition Supplerneatary Conditions to the General Conditions Page 11 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& Indusby To obtain copies of prevailing rate schedules, or for information relating to public works projects and payment of prevailing wage rates visit ERDatvvwnw.mtwmgwhoorbopa.ommor contact them at: Employment Relations Division Montana Department of Labor and Industry P. O. Box 2O15O3 Helena, MTS8G2Q-16O3 Phone 406-444-5600 ! TOD4OG-444-5549 The Labor Standards Bureau welcomes questions, comments and suggestions from the public. |n addition,we'll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated, has determined the standard prevaifing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of18-2'4O1. edeeq, Montana Code Annotsbad. ltiurequ|redthmteaohemployerpay(ouamininmorn)thomtemfwages` includinQfrinQebenefits, trave| allowance and per them applicable to the district in which the work is being performed, as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at(4O8)444-5BD0orTDD (4Q6)444-554Q In addition, this publication provides general information concerning compliance with Montana's Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of | prevailing wage rates, please consult the regulations on the internet at www.mtwagehou,rbopa.com or contact the Labor Standards Bureau at(408)444'5GOQurTDD (4OG)444-554Q. | KEITH KELLY Commissioner � Department of Labor and Industry State of Montana � ~ � TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication -..... ............. B. Definition of Heavy Construction ............. ......................... C Definition of Public Works Contracts ...........__......... D Prevailing Wage Schedule .................... ............. ........... ................ E, Rates to Use for Projects ............ ......_............ ...... ......... ......... F. Wage Rate Adjustments for Multiyear Contracts .......... ....... ....... ................... G. Fringe Benefits ........_...___..... ........ ....... H. Apprentices ...... ......... ...... ..... ...... ................ ........ ii I. Posting Notice of Prevailing Wages ............... .............. ........ ......................... J. Employment Preference ....... ............... ...... ... ................ ....................... WageRates ...._........ ...__......__............... ......_............... ....... ............. .......................... 1-7 A. Date of Publication January 27,2011 B.Definition of Heavy Construction The Administrative Rules of Montana(ARM)24.17.501(4)—(4)(a),Public Works Contracts For Construction Services Subject to Prevailing Rates, states: "Heavy construction projects include, but are not limited to, those projects that are not properly classified as either 'building construction, or 'highway construction,' Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designed.for commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut-offs, chemical complexes or facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredging projects, electrification projects (outdoor),fish hatcheries,flood control projects, industrial incinerators (other than building), irrigation projects,jetties, kilns, land drainage(not incidental to other construction), land leveling(not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries (other than buildings),pipe lines,ponds,pumping stations (prefabricated drop-in units—not buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers (sanitary, storm, etc.), shoreline maintenance, ski tows, storage tanks, swimming pools (outdoor), subways (other than buildings), apples, tunnels, unsheltered piers and wharves, viaducts (other than highway), water mains, waterway construction, water supply lines (not incidental to building), water andsewage treatment plants (other than buildings) and wells. " Federal Davis-Bacon wage rates as published in U.S. Department of Labor General Wage Decision No.MT100001 Modification No.8 have been adopted by the Montana Department of Labor and Industry for use in Heavy Construction projects and are included in this publication.These rates apply statewide or as shown in MT10000 I Modification No, 8, C. Definition of Public Works Contracts Montana Code Annotated,section 18-2-401(1.1)(a), defines "public works contract"as "a contract for construction services let by the state, county,, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of'the contract is in excess of S25,000.. D. Prevailing Wage Schedule This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction., Highway Construction and Nonconstruction Services occupations can be found on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at(406)444-5600 or TDD(406)444-5549, E. Rates to Use for Projects Rates to be used on a public works project are those that are in effect at the time the project and bid specifications are advertised, Pagei HEAVY CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27,2011 F. Wage rate adjustments for multiyear contracts Section 18-2-417,Montana Code Annotated states: "(1)Any public works contract that by the terms of the original contract calls for more than 30 months to fully perfb)-m must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of`wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3%increase. The adjustment must be made and applied every 12 months for the term of the contract. (3)Any increase in the standard rate of prevailing wages for workers wider 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,fullill the obligation...a contractor or subcontractor may: (a)pay the amount of fringe benefits and the basic hourly rate of that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to aftinge benefit fund plan, or program that meets the requirements oJ'the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U, S department of labor; or (e) 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 districtfor the particular type of work beingperformed (2) The fringe benefit fund plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care,pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 19 74 or that are approved by the U S. department of labor." Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be considered a pail of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise, H. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, section 18-2-416(2), Montana Code Annotated states, .....The full amount of any applicable fringe ben e fits must be paid to the apprentice while the apprentice is working on the public works contract " Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate prevailing wage rate when working on a public works contract. I. Posting Notice of Prevailing Wages Section 18-2-406, Montana Code Annotated, provides that contractors, subcontractors, and employers who are '"performing work or providing construction services under public works contracts, as provided in this part shall post in aprominent and accessible site on the project or staging area, not later than the first day of work and confinuingfor the entire duration of the project, a legible statement of all wages andftinge 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. - -. - . __........0 - - Page ii - HEAVY C..0 N S TR-U-C TIO-N 11 SERVICES- . 2 0 11 ' EFFE..C-TI-VE-JANUARY__27,_21711 MONTANA STATEWIDE PREVAILING DAVIS-BACON Effective: January 27, 2011 HEAVY CONSTRUCTION WAGE RATES General Wage Determinations Issued Under The Davis-Bacon and Related Acts State: Montana Construction Types: Heavy Counties: Montana Statewide. Page 1 HEAVY CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27,2011 ZONE DEFINITIONS CARPENTERS, CEMENT MA8ONG°. 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 ksted towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HAVRE, HELENA, KALISPELL, LEWISTOWN, MILES CITY, KA|SSOULA Zone 1: Oto38miles - Base Pay Zone 2: 3Uto8Q miles' Base Pay+$2.96 Zone 3: Over 6D miles- Base Pay+$4.7O � *CEMENT MASONS ZONES! The above cities plus D|LLOW. GLASGOW, GLEND|VE, SIDNEY -----------------------------—--------------------------------- CARP0028'002061 1y2009 Rates Fringes Corpenbemi (Zone 1) Carpenter& PUebuck $23.25 $8.80 Millwright $2725 *8.80 ------------'--------- CARP0028'0040610112006 Rates Fringes � Diver Tender $27,27 $7,80 Diver $56.54 $7,00 DEPTH PAY (Surface Diving) D5Ubm1ODfeet $2.Q& per foot 1O1ho15Dfeet $3.BO per foot 151ho22Ofeet $4,OO per foot ' 221ft&deeper $6.00 ---------'----------------------------- ELECO044-0010601/2010 Rotes Fringes Line Construction (1) Lineman $37.73 475Y6 + $10.61 (2) Equipment Operator $25.13 4.75% + $10,05 � (3) Experienced Gmuodmmn $20.27 4J5% + $1033 � -------�--------- ------�' Page ! HEAVY CONSTRUCTION SERVICES 201l EFFECTIVE JANUARY 27.�11 ELECQ�233~8010001/20019 BLAINE, BROADWATER, CASCADE, CHOUTEAU, FERGUS, GLACIER, HILL, JUDITH BASIN, LEWIS & CLARK, LIBERTY, MEAGHER, PETROLEUM, PHILLIPS, PONDERA, TETON, TOOLE, VALLEY, AND WHEATLAND COUNTIES Rates Fringes ELECTRICIAN $27-86 4-76Y4 + $9.80 -----'-------------'---'---------'---- ELECO238-00288101/2009 BEAVERHEAD, DEER LODGE, GRANITE, JEFFERSON, MADISON, POVVELL`AND SILVER BOW COUNTIES Rates Fringes ELECTRICIAN $26.10 4J596 + $10,80 ----------------'—'----------'—'----- ELECn532-00106/0112010 BALLAT|N. PARK, AND SWEET GRASS COUNTIES Rates Fringes ELECTRICIAN $26.61 $18.27 ---------------------------'--------- ELEG0532-00306/0112010 BIG HORN, CARBON, CARTER, CUSTER, DANIELS, DAWSON, FALLON, GARFIELD, GOLDEN VALLEY, MCCONE, � MUSSELSHELL, POWDER RIVER, PRAIRIE, RICHLAND, ROOSEVELT, ROSEBUD, SHERIDAN, STILLWATER, TREASURE, VNBAO%AND YELLOWSTONE COUNTIES Rates Fringes / ELECTRICIAN $29.38 1J5% + W30 / ELEC0768-00106/0112009 FLATHEAD, LAKE, LINCOLN, MINERAL, MISSOULA, RAVALLI, AND SANDERS COUNTIES � Rates Fringes ' ELECTRICIAN $27.02 $10.37 — -- - ���----------- -- Page --- -�— - -------------�— � H�� CON���QN5ER0�S3Vll ~ EFFECTIVE JANUARY--- ENG0400-0010610112009 ZONE DEFINITIONS FOR POWER EQ0PMENTOPERATQRS: The zone hourly rates applicable to each project shall bo determined by measuring the road miles over the shortest practical mainta�ned route from the nearest County Courthouse of the following listed towns to the center of the job� BILLINGS, BOZEMAN. BUTTE, GREAT FALLS, HELENA, KAUSPELL. M|3SOULA Zone 1: Qtu 30 miles- Base Pay Zone 2: 3Oto68 miles- Base Pay+ $3.00 | Zone 3: Over GO miles- Base Pay+ $5.SQ Rates Fringes Power Equipment Operator (Zone 1) Group $25.47 $9.50 Group $23.94 $8.50 Group $24.34 $8.50 Group $25.00 $8.80 Group 5 $28.50 $9.50 � Group $28.60 $0.50 Group $27.10 $8.50 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1. Air Compressor;Auto Fine Gnader� Belt Finishing Machine; Boring Machine,small; Cement Silo; Crane,A- FnarmeTnuck Crane; Crusher Conveyor; DW-10. 15. and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader-, Front-End � Loaderunder1ooyd� HeaxyDutyDhUa� HennanNelsonHeaterMu|ohimgMachime� OQer. aUexoept Cranes & Showuis; � Pumpmun. GROUP 2: Air Doctor; Bachhoe8Excavmtor/ShovaK to and including 3 cu yd; Bit Grinder; Bituminous Paving Travel Plant; Boring Machine, larQe� Broom, Gekf-pvope||od; Concrete Travel Batcher; Concrete Float& Spreader- Concrete Bucket Dispatcher; Concrete Finish Machine-, Concrete Comveyo� Distributor Dozer, Rubber-Tired, Push � Side Boom; Elevating Groder/GradaU; Field Equipment Serviceman; Front-End Loader cuydtm including 5cmyd; Grade Setter; Heavy Duty Drills, all types; Hoist/Tugger, all,- Hydns|ift&similar; Industrial Locomotive; Motor Patrol, except Finish; Mountain 8kiddor; ! Oiler- Cranes& Shovels; Pavement Bremkor, EMSC[]- Power Saw, Self-Propel|ed; PuQmU]; Pumpcnete/Grootknadhine-, Punch Truck; Roller, other than Asphalt,- Roller, Sheepsfoot, Self-Propelled; Roller,25 tons and over; Ross Carrier; RotomU| under ft; Trenching Machine;Washing/Screening Plant. ! GROUP 3: Asphalt Paving K8aohino� Asphalt Screed; Baokhme/ExoavatudS hovel over 3uu yd; Cableway HighUne� ' Conona�8m�h Plant; Concrete Curing Machine; Concrete Pump; Cranes, Cret r; Cnyn*o. Electric Overhead; ��naneu, 24 tons and under� Curb Machine/Slip Form Paver; Finish Dozer- Front-end Loader over 5 cu yd- MechanicANeIder; Pioneer Dozer; Roller, Asphalt(Breakdown& Finish); RotomiU. over 8ft Gcraper, single, $v�n or�u]Nn0 Belly Dump; Yo-Yo Cat, } ' ' ' ' GROUP 4: Asphalt/Hot Plant Operat � Crenea. 25honsto44bone� CrusherOpenator Finish Motor Patrol; Finish Scraper. � � GROUP 5: Cranes, 45 tons bo including 74tons; GROUP 6.* Cranes, 75 tons to including 14Btons; Crane, VVhir|ey(aU) | � GROUP 7: Cranes, 15O tons kz including 25Otons (add $1.00 for every 1QO tons over 26Otons ; Crane, Stiff-Leg ur Donhok| Helicopter Hoist; Crane,Tower(al0. � ___ _-___'----- -------- --------- � Page ---��-- ---- —��--'— -- � HEAVY CONSTRUCTION SERVICES 2011 ~ EFFECTIVE JANUARY 27,2011 |RON0014-0028701C2809 FLATHEAD, GLACIER, LAKE, L|NCOLN, MINERAL, MISSOULA,AND SANDERS COUNTIES Rates Fringes IRONWORKER $25.34 $16�58 ________________________________________ |RQN8732-00806/0112010 REMAINING COUNTIES Rates Fringes IRONWORKER $25.57 $17.21 _______________________________________ LABO1688-00105/0112008 Rates Fringes LABORER(Zone 1) Group *17.14 $672 Group 2 *20.10 $6.72 Group $20.24 $6.72 Group $21.00 $672 LABORERS CLASSIFICATIONS GROUP 1: F|agpannon � GROUP2: All General Labor VVodk| Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker: Cement Mason . Tender; Cement Handier(dry); Chuck Tender;Choker Setter; Concrete Worker; Curb Machine-Lay Down; Crusher and Batch Worker-, Fence Erector; Form Setter; Form Stripper; Heater Tender; Landscaper; Pipe Wrapper� Pot Tender; ' Powdenman Tender; Rail and Truck Loaders and Unloedem; Ripnapper� Sealants for concrete and other mateha|% Sign Enacdon, Guard Rail and Jersey Rail; Stake Jumper-, Spike Dhvar� Signalman; Tail Hosemen�Tuol Checker and � Houseman; Traffic Control Worker. / GROUP 3: Concrete Vibrator-, Oumpman (Grademmm); Equipment Handler; 8eotexti|eond Liners; High-Pressure Nmzz|oman; Jaokhamnmer(PavementBreekod; LoaerEqoipmentMoo-RidingRoUers; Pipe|ayer� Poatho|*Digger ` (Power); Power Driven Wheelbarrow; Rigger; Sandblaster;Sod �CuttepPower. GROUP 4: Asphalt Raker; Cutting Torch; Grade Setter; H|gh'Soaier; Power Saws (Faller& Conurete); Pow/demnan ($1.UU per hour above Group 4rote); Rock& Core Drill; Track or Truck mounted Wagon Drill-,Welder including Air Arc. � � � � ------------------ --���� -- ------- Page -- —�� � ------��---------�---- OEA\7YCONSTRUCTION SERVICES 20II � EFFECTIVE [ANOAKY27.2011 � PA8V0260'00107101/2802 BLAINE, BROADWATER, CASCADE, CHOUTEAU, DANIELS, FERGUS, GARFIELD, GLACIER, GRANITE (South of a line running East&Westthrough the Southern city limfts of PHILLIPSBURG), HILL, JEFFERSON,JUDITH BASIN, LEWIS AND CLARK, LIBERTY, McCONE, MEAGHER, PETROLEUM, PHILLIPS, PONDERA, POWELL (South of a line running East&West through the Southern city limits of HELMSVILLE). R|CHLAND, RO[}SEVELT, SHER]BAN` TETON, TOOLE.VALLEY, AND VVNEATLANQCOUNTIES Rates Fringes � P/\|NTER $13.85 194 * $145 _______________________________________ pA|N0260-0020710112002 FLATHEAD, GRANITE (North of a line running East&West through the Southern city ftits,of PHILLIPSBURG), LAKE, � LINCOLN, MINERAL, MISSOULA, POWELL(North of a line running East&West through the Southern city limits of HELMSV|LLE). RAVALL|.AND SANDERS COUNTIES Rates Fringes PAINTER $16.85 196 + $345 ---'-----'------'------'--------'---- PA|N1822-00108V01/2009 � BEAVERHEAD. BIG HORN, CARBON, CARTER, CUBTER, DAVVSON, DEER LDOGE, FALLON, GALLAT|N. GOLDEN | VALLEY,JEFFERSON, K8AD|8OW. &8US8EL8HELL. PARK, POWDER R|VER, PR4|R<E, ROSEBUO, SILVER BOVV 8T|LLVVATER, SWEET GRASS, TREASURE,VNBAUX.AND YELLOWSTONE COUNTIES ' PAINTER (|nduutriei includes �ndustha| plants, tanks, pipes, bridges) Rates Fringes $21.00 $0.00 ____________________________________ PLAS0119-00105/01/2008 STATEWIDE (except DEER LODGE, JEFFERSON, POVVELL. and SILVER BOW COUNTIES) Rates Fringes CEMENT MASONS: (Zone 1) Area $18.83 $6.98 Area $20.24 $0.88 | AREA 1: STATEWIDE (except DEER LODGE, JEFFERSON, POVVELL. and S|LVERBQVVCDUNTIES) AREA 2-. DEER L[}OGE, JEFFERSON, FQVVELL.AND SILVER 8OVV COUNTIES � -------��- -�- --------- -������----- Page --- - -� � -----���- -- HEAVY CONSTRUCTION SERVICES 2011 EFFECTIVE JANUARY 27,2011 PLUIM0030-0030811/2809 BAGHORN. BLAINE, CARBON, CARTER, CASCADE, CHOUTEAU. CU8TER, DANIELS, DAVVBON' FALL[)N, FERGUS. GARFIELD, GOLDEN VALLEY, HILL, JUDITH BASIN, LIBERTY, McCONE, MEAGHER, MUSSELSHELL, PETROLEUM, PHILLIPS, PONDERA. POWDER RIVER, PRAIRIE, R|CHLANQ, ROOSEVELT, ROSEBUD, OHER|DAN. GTiLLWATER, TETC)N. TO0LE.TREASURE, VALLEY, VVHEAJLAND.VV|BAUXAND YELLOWSTONE COUNTIES Rates Fringes PLUMBER Commercial $2B.25 $13,40 InduatriaY—PmmerGenerating Plants $80.60 $13.40 ------------'---'--'----------------- PLUAM8041-00107Y0112010 BEAVERHEAD, BRQ4DWATER, DEER LODGE, GALLAT|N, GRAN|TE, JEFFER&ON, LEWIS AND CLARK, MAD\SOW, PARK, POVVELL, SILVER BOW, AND SWEET GRASS COUNTIES Rates Fringes PLUMBER *28.25 $13.05 ________________________________________ PLUKQ0459-001 060112OIO FLATHEAD, GLAC|ER, LAKE, LINCOLN, MINERAL, kA|SS[3ULA. RAVALLI. AND SANDERS ' Bates Fringes PLUMBER $27,61 $12.08 _____________________________________ TEAN0802-8018501C2088 ! � Rates Fringes TRUCK DRIVERS: (Zone 1) ! Group $ 1414 $5.92 ! Group $ 18,04 $5.92 TRUCK DRIVERS CLASSIFICATIONS: | � GROUP t Pikt Car GROUP 2: Ali Combination Trucks and Concrete Mixers; Distributor Driver;All Dry Batch Trucks; Dumpman. Gravel / Spreader Box Operator; All Dump Trucks and similar equipment including DVV2O. OW21. or Euclid Tractor Dumpn1er ; Flat Trucks; Servicemen; Lovvboye, FoupVYh eel Trailers; Float Semi-Trailer: Lumber Carriers, Lift Trucks &Fork Lifts; Pick-up Driver hauling material; Powder Truck (Bulk Unloader type),- Power Boom: Service Truck Drivers, Fuel Truck Dh*ens.Tinemen; All Water Tank Dhvem� Petroleum Products Drivers; Trucks with Power Equipment such ou Winch,A, FnameTrud*. Crane, Hydnm|ht, Gout-Crete Truck, and Combination Mulching, Seeding & Fertilizing Truck; / Mechanic. ' ' ' __' / WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. END OF GENERAL DECISION | ---� �----'---------------------� -- Page 7 --'---- ���--- ---- -----���---------- � HEAVY CONSTRUCTION SERVICES 20I1 EFFECTIVE JANUARY 27,2O11 NOTICE OF AWARD Dated: TO: ADDRESS: PROJECT: CONTRACT FOR: 2013 Water Renovations Project You are notified that your Bid opened on for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the:2013 Water Renovations Project. The Contract Price of your Contract is, Dollars($ 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, 1 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). T. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions(Article 5) and Supplementary Conditions(paragraphs SC-5,04 and SC-5,06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten(10)days after you comply with these conditions,OWNER will return to You two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN,MONTANA ATTEST: 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 Before you may start any Work at the Site, Paragraph 2.0l.B 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 EJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 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 $0.00 $0,00 Net Earnings: $0.00 $0.00 $0,00 Less 1% Gross Receipts Tax: KOO $0.00 KOO Gross Payment: $0.00 $0.00 $0.00 Less Previous Payments: $0.00 Net Payment this Estimate: $10,00 $0,00 Percent Time Elapsed: #VALUE! Work Done Based on Installed Cost: #DIV/O! Contract Completion Data: Notice to Proceed Date: Original Contract Completion Time (dy): 90 Stop/Resume Work Orders (dy): 0 Approved Time Extensions (dy), 0 New Contract Completion Time (dy): 90 Contract Completion Date: 3130/1900 Contract Cost Data: Amount of Original Contract: $0.00 Approved Changes: $0.00 Revised Amount: $om Approved by (Contractor): Approved by City of Bozeman (Owner). PAY ESTIMATE 2013 WATER RENOVATIONS CONTRACTOR ENGINEER City of Bozeman P O Box 11230 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 $000 $0.00 $000 S000 102 Mobilization L$ 1 0 0 0 $0..00 $0,00 $0.00 $000 103 Connection to Existing Main EA 19 0 0 0 $000 $0.00 $0.00 $000 104 4"MJ Gal Valve wN B EA 4 0 0 0 $0.00 3000 $0.00 $000 105 6"MJ Gal Valve wN B EA 3 0 0 0 $0.00 $0.00 $0.00 $0.00 406 8"MJ Gal Valve wN B. EA 30 D 0 0 $000 $0.00 $000 $0 00 107 10"'MJ Gat Valve wN B EA 2 D 0 0 $000 $0.00 $000 $000 108 12"MJ Gat Valve wN B EA 2 D 0 0 $000 $000 $000 $000 109 14"4"Mi Increaser EA 1 0 0 0 $0.00 $0.00 $0.00 $000 110 8"x 6"MJ Increaser EA 2 0 0 0 $0.00 $0.00 $000 $000 111 B"x 4"MJ Tee EA 4 0 0 0 $0.00 $0.00 $0.00 $000 112 8"x 6"MJ Tee EA 8 0 0 0 $0.00 $000 $0,00 $000 113 8"x 8"MJ Tee EA 3 0 0 0 $000 $0.00 $0.00 Woo 114 8"MJ Cross EA 3 0 0 0 $0.00 $0.00 $000 $0,00 115 10"X 8"MJ Cross EA 1 0 0 0 $0.00 $000 $0,DO $0.00 116 12"x 8"MJ Cross EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 117 8"11 114 deg Bend EA 21 0 0 0 $0.00 $0.00 $0 DO $0 DO 118 8"22 112 deg Bend EA 6 0 0 0 $0.00 $0.00 $0 00 $000 115 8"45 deg Bend EA 4 0 0 0 $0 00 $0.00 $000 $O.OD 120 8"'CL 51 DIP LF 5,215 0 0 0 $000 $000 $000 $0.00 121 10"CL 51 DIP LF 6O 0 0 0 $000 $0.00 $000 $0.00 122 12"CL 51 DIP LF 60 0 0 0 $000 $0 DO $000 $0.00 123 Service Reconnection whn trench.limits EA 59 0 0 0 $0,00. $000 $0,00 $0.00 2"diameter and smaller 124 Service Reconnection outside of trench LF 280 0 0 0 $0,00 $0.Do $000 $0 O0 limits 2"'diameter and smaller 125 Service Reconnection whin french LF 5 0 0 0 $000 $000 $0.00 $0.00 limits 4"diameter and larger 126 Service Reconnection outside or trench LF 70 0 0 0 $0 DO $000 $000 $000 limits 4"diameter and larger 127 Inslll expansion lama and backPlow preventer EA 2 0 0 0 $000 $0.00 $0.00 $0.00 128 Fire Hydrant 5`bury EA 1 0 0 0 $000 $0.00 $0,00 $0.00 129 Flne Hydrant 5 112'bury EA 1 0 0 0 $0.00 '$0.00 $0.00 $000 130 Fire Hydrant 6 112'bury EA 2 0 0 0 $0.00 $0.00 $0.00 $000 131 Fire Hydrant 7 1P2"bury EA 1 0 0 0 $0.00 $0.00 $000 $0.00 132 Fire Hydrant 8'bury EA 1 0 0 0 $0.00 s0 00 $000 $000 133 Remove Existing Hydrant EA 3 0 0 0 $001) $000 $000 $000 134 Insulation LF 2,537 0 0 D $000 $000 $0.00 $0010 135 Traffic Control LS 1 0 0 0 S000 $000 $0.00 $000 136 Temporary Water System LS 1 0 0 0 $0.00 $0.00 $000 $0.00 137 Asphalt Surface Restoration LF 5.429 0 0 0 $0.00 $0.00 $000 $000 138 Jack and Bore LS 1 0 0 0 $0.00 $0.00 1000 $0.00 139 Type 2 Bedding CY 20 0 0 0 $000 $0.00 $000 $0.00 140 Curb BoxNalve Box Removal,. EA 10 0 0 0 $000 $0.00 $000 $0-00 141. Locate and Repair Sewer Service EA 10 0 0 0 $0.00 $0.00 $000 $0.00 142 Signal Loop Installation EA 2 0 0 0 $D.00 $000 $000 $0.00 143 Quality Assurance Testing LS 1 0 0 0 $000 $0.00 $0.00 $0.00 144 Miscellaneous Work EA 2D,000 0 0 0 $t 00 $000 $000 $000 SUBTOTAL.BtD ITEM WORK tINSTALLED $0.00 $0.00 $000 Materials in Storage Materials out of Storage $000 $0 00 $0 00 $000 $000 $000 SUBTOTAL $000 $000 $0.00 Total Amount Due $000 ',$0c�0 $0.00 Less Retainage 50/ $000 '$0.00 $0.00 Subtotal $D 00 $0 00 $D.00 Less 1✓Cross Rectepts Tax $0 00 $000 $000 Subtotal $000 $000 $0.00 Less Previous Payments $000 $000 Total Due This Payment $000 $000 CITY OF BOZEMAN ACCOUNTS PAYABLE P.O. Box 1230 . Bozeman, MT 59,771-1230 (408) 582-2334 WARRANT# PAY TO: DATE PAID. WARRANT TOTAL$ VENDOR#. DATE INVOICE# FUND ACCOUNT OBJECT PROJECT DESCRIPTION AMNT TOTAL $ CERTIFICATION THATGOODS OR SERVICES HAVE BEEN RECEIVED: 1• 2. DEPARTMENT HEAD OF DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: I, the undersigned, do solemnly swear„ that I am of OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant„ and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid.. Sign here: Phone SS#or Tax ID# Business License# THE CITY OF BOZEMAN MUST HAVE YOUR SS# OR TAX ID#AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. Certificate of Substantial Completion Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: This [tentative] [definitive] Certificate of Substantial Completion applies to: 1-1 All Work under the Contract Documents: F The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat,utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: ❑Amended Responsibilities 0 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 EJCDC 0-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 Field der No. Date of Issuance: Effective Date: Project: �Ow�ne,-: 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 5rder Prepared by the Engineers joint Contract Documents Committee and endorsed by the Construction Specifications Institute, Page I of I Work Change Directive No. Date of Issuance: affective 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: ❑ Nonagreement on pricing of proposed change. ❑ Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. Estimated change in Contract Price and Contract Times: Contract Price $ (increase/decrease) Contract Time (increase/decrease) days Recommended for Approval by Engineer: Date Authorized for Owner by: Date Received for Contractor by: Date Received by Funding Agency (if applicable): Date: FJCDC C-940 Work Change Directive Prepared by the Engineers Taint Contract Documents Committee and endorsed by the Construction Specifications Institute,. Pa e1ofI CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE ......... OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER ENGINEER's Contract No. ............... You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times: Substantial Completion: $ Ready for final payment: , (days or dates) Net Increase(Decrease) from previous Change Net change from previous Change Orders No.—to Orders No. to No. Substantial Completion: $ Ready for final payment: (days) Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for final payment: �days or dates) Net increase (decrease) of this Change Order: Net increase(decrease) this Change Order-, Substantial Completion: $ Ready for final payment: (days) Contract Price with all approved Change Orders: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for final payment: (days or dates) J Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further,that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct CONTRACTOR (Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER- Signature) Date OWNER(Authorized Signature) Date EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Page 1 of 2 C:1Backup12013 Water Renovations\Specs\COB Change Order Form.cloc CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This docurnent was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times, Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreemett, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both, Once Engineer has completed and signed the form, all copies should be setto Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should bwnt to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. Page 2 of 2 CABackup12013 Water RenovationslSpecsXCOB Change Order Form.doc ORDER TO CONTRACTOR TO SUSPEND ' ORK Federal/State Project Number Suspend Work Order No, DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: By reason of which renders it impracticable for you to secure specified results on the work required by your contract,you are hereby directed to suspend work(minor operations excepted), at the close of work on You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will(will not)continue to be charged during the period work is suspended. (See General Conditions, Articles 12 and 15 and applicable Supplementary Conditions), calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendar days have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged, Date- BY: BY: TITLE: TITLE: Address for Correspondence: Order to Contractor to Suspend Work- Page I of 1 C:1Backup\2013 Water RenovabonsNSpecsl7 suspend—wrk.doc 1216/12 ORDER T0 CONTRACTOR TO RESUME, WORK Federal/State Project Number Resume Work Order No. Da/E� City of Bozeman Project Number T3: PROJECT AND LOCATION OVVNEFi� The Suspend Work Order, dated . directed you hz suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are Manaby directed to resume nm .oroperations on this project effective Under the terms Vf your contract for this project, 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 nuspended, therefore, on the date this resume work order im effective, calendar days of Contract Time remain. ' The (revised) contract completion data is 20___ Please sign all five copies m 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 #f1 SPECIAL PROVISIONS 1. GENERAL The work to be performed under this contract involves furnishing all labor, materials, equipment, supplies and services necessary for installation of water main and associated appurtenances to replace existing mains in the City of Bozeman. All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Sixth Edition(MPWSS),6"Edition,and as further modified by the City of Bozeman Modifications to MPWSS,6'b 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 home exclusively by the Contractor. 2. SCOPE OF WORK The project work is generally described as follows: Replacement of existing mains,valves,fittings and appurtenances in Mendenhall Street from North 71h Avenue to North Broadway Avenue. 3. AWARD OF CONTRACT The award of the contract, if awarded, will be made within the period specified in the Invitation to Bid to the lowest responsive, responsible Bidder who's Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter,mailed to the address shown on the Bid,that his Bid has been accepted and that he has been awarded a contract. The Bid schedules may be awarded as a single total combined contract,may be awarded singly as separate contracts,or in any combination of schedules which result in the lowest project cost to the owner, 4, TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written by the City Engineer to the Contractor. In establishing the date when Contract Time begins, the Engineer will consider that the contract time begins following delivery of the NOTICE TO PROCEED. A separate notice to proceed may be issued for each separate or combined bid schedule. Where multiple schedules are awarded under a single contract, the contract times shall run concurrently, unless the City agrees to issue separate notices to proceed, The Contract Time will expire automatically the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change order. SPECIAL PROVISIONS 5. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time, The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of $500.00 per calendar day for each day that the work remains uncompleted beyond the contract period and $1,000 per hour for each hour that the terms of Special Provisions 33 and 41 are not met. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 6. COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the prof ect following the Bid Opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner. 7. NAMES, PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer,trade name,or brand,such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written approval of the Owner. No substitutions will be considered until after contract award. 8. APPROVAL OF EQUIPMENT AND MATERIALS The Contractor shall furnish to the Owner or its Engineer for approval the name of the manufacturer of machinery, mechanical and other equipment and materials which he contemplates using in execution of the work, together with the performance capacities and such other information which may be pertinent or required by the Owner, 9. BIDDER'S QUALIFICATIONS The Contractor shall show evidence that he has the finances,organization,and equipment to perform the work with a limited number of subcontractors. The Contractor will be required to have a full- time resident General Superintendent on the job at all times while the work is in progress. He shall be in a position to direct the work and make decisions either directly or through immediate contact with his superior. Absence or incompetence of the superintendent shall be reason for the Owner to 2 SPECIAL PROVTSIONS 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 casements and rights of way unless written approval is secured from the owner of the adjoining property or written approval is given by the Owner to utilize the adjacent land area. 16. TRAFFIC CONTROL A. General. The Contractor shall at all times conduct his operations so that there is a minimum interruption in the use of the City's streets affected by the work. Exact procedures in this respect shall be established in advance of construction with the City Engineer. Barricade function, design and construction shall conform to the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) and the Standard Specifications for Road and Bridge Construction of the State Highway Commission of Montana latest Edition. Should construction of the project require the closure of any streets, roads or highways or require night-time or long-term traffic control, the Contractor will be required to prepare a detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the specific conditions. Traffic control plans shall be in conformance with the requirements of the Manual on Uniform Traffic Control Devices. In regards to closures, the plan shall include specific 4 SPECIAL PROVISIONS details on traffic detours and estimated durations of the closures. Details of signing, barricades, flagging and other traffic control devices shall be presented. The traffic control plan shall be approved by the Owner prior to construction. The Contractor may be required to modify or adjust a traffic control set-up to fit specific field conditions encountered during construction. B. Traffic Access. Construction work shall be programmed by the Contractor so that local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all affected residents in the area of programmed work, of street closures, parking requirements and restrictions, and any other conditions, a minimum of twenty-four(24)hours prior to beginning work within the affected area. All signing,barricades,and other traffic control measures shall be provided by the Contractor. C. Warning SiRnals. All streets,roads,highways and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed, mounted or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over; and obstructions,including but not limited to, material stockpiles and equipment shall be similarly protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. D. Notifications, The Contractor shall coordinate all of the Contractor's construction activities to minimize conflicts at the work site,off-site events,or other construction projects nearby. The Contractor shall notify all affected residents and businesses, the Bozeman Police, Fire, Street, and Sanitation Departments, Laidlaw Bus Service, Streamline Bus Service, AMR Ambulance Service,and Allied Waste Services of all planned street closures a minimum of 24 hours before any actual street closure. In addition, all businesses affected by a street closure shall be given seven(7) days advance notice of the upcoming street closure. The Contractor shall maintain a log of all advance notifications that have been made for each street segment construction site.Prior to closure of any collector or arterial street, the Contractor shall prepare a news release announcing the upcoming street closure which shall specify at a minimum the impact of the construction upon the public and the duration of the work. At least three days prior to the street closure, the Contractor shall submit the news release to all local news media, and shall cause the news release to be published as a display ad in the Bozeman Daily Chronicle, E. Signalized Intersections. The Contractor shall coordinate with the City of Bozeman Street Department and the Montana Department of Transportation when working in or near a signalized intersection. Signals shall not be disrupted without prior approval by City of Bozeman Street 5 SPECIAL PROVISIONS Department and the Montana Department of Transportation. F. Work Methods. 1. The Contractor shall position all traffic control devices according to plan prior to positioning personnel or equipment on the traveled way. 2. The Contractor shall inspect and check the work zone traffic control frequently including weekends, holidays, and other non-working days, and shall correct any deficiencies discovered, The Contractor shall keep a log of all inspections, 3. Construction traffic control devices shall be removed or covered when they are not being used for construction activities. 4. If the Contractor fails to correct a deficiency in the traffic control system that the Engineer deems a necessary traffic control modification to expedite the movement of traffic or an emergency hazard to life and/or property,the Owner may correct the deficiency and be reimbursed for all costs from the next progress payment to the Contractor. 5. Flagging shall be only performed by certified and properly equipped flagpersons. Flagging shall be done as described in the booklet"Instructions to Flagpersons" published by the Montana Department of Transportation. 6. Sidewalks and crosswalks shall remain free of debris and open to pedestrians to the greatest extent possible. When necessary pedestrian detours shall be established or the sidewalk shall be properly closed to travel in accordance with the MUTCD and City of Bozeman requirements. 7. The Contractor shall schedule the work to minimize inconvenience to the Owner and to adjacent property owners and.to minimize interruptions to utility ,service and through traffic, The Contractor shall maintain vehicular access to local businesses at all times. The Contractor shall maintain vehicular access to residences able to be used after each shift. 8. The Contractor shall designate one (1) employee whose primary purpose shall be to coordinate traffic control and shall provide a 24 hour per day telephone number or numbers to contact this person. 17. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils and materials unless otherwise 6 SPECIAL PROVISIONS directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all Local,State,and Federal laws and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers, streams,impoundments or into natural or manmade channels leading thereto. in addition, the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Department of Fish,Wildlife and Parks,Department of Health and Environmental Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations and stormwater runoff. Contractor's shall include all clean-up, restoration, etc., of any detention or discharge areas. All debris or waste materials shall be cleaned up by the end of the work day. 18. PROTECTION OF EXISTING PAVEMENT All equipment shall be fitted with pads on the outriggers and other accessories as necessary to prevent damage to existing pavement during the course of the project. Any damages to pavement shall be corrected by the Contractor, at his expense, in a manner as directed by the Engineer. 19. MANHOLES, VALVE AND MONUMENT BOXES All manholes, valve and monument boxes shall be protected with heavy builders paper until final coating and compaction has occurred. Contractor shall dig out and clean completely all boxes and manholes which are not protected. All manholes and boxes which are at the edges of the defined limits of construction shall be treated as if they are completely within the construction area and the area immediately surrounding the raised and/or protected manholes and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or box. It is imperative that manholes and valve boxes be accessible to the City for emergency maintenance of its utilities. The Contractor shall schedule his work to provide timely access to manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the Contractor and not immediately re-exposed shall be subject to being uncovered by City crews without notice in response to emergency maintenance needs. The Contractor shall be responsible for reasonable restoration at no cost to the City. 7 SPECIAL PROVISIONS 20�. OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. 21. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the Owner and shall be delivered to a site of the Owner's choosing within the property limits of said owner. Should the owner choose not to accept any salvageable items, then the Contractor shall dispose of those items at his expense at a site or landfill acceptable to the Engineer. Any costs for the above referenced work shall be at the Contractor's expense. 22. ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers and records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 23. INSURANCE Insurance coverage required under this contract shall extend,at a minimum,to the end of the contract time. 24. WATER SERVICE RECONNECTIONS It shall be the responsibility of the CONTRACTOR to hook up all active water services. Water services as shown on the plans have been identified to be active or inactive (not hooked up) based on the best available records, however it shall be the CONTRACTOR'S responsibility to verify which services are active and need reconnection. He shall be responsible for contacting and coordinating with the landowners to determine which services are active. All active water services shall be reconnected. CONTRACTOR shall be responsible for locating all service connections outside mainline trench limits. Copper pipe shall be used to reconnect service lines 2" and smaller and ductile iron pipe shall be used to reconnect services 4" and larger. Replaced, services shall be of same size as existing service, unless otherwise directed by the ENGINEER. All active services encountered that are not copper, cast iron, or ductile iron pipe shall be replaced up to the meter. Installation of a backflow preventer and expansion tank is required with any reconnection to the meter where they do not already exist. All work shall be completed by a licensed plumber and be in accordance with all city standards and the Uniform Plumbing 8 SPECIAL PROVISIONS Code. See the Water Inspection Requirements document at it 1p:l/www.bozemanmet/Qe artments- I)/Public-Service/Water-Sewcr/Contractors-Comer.as x 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 deterinination 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 too] 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%o 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 I' 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 331. 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 prod-acts 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 leroof. 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 RKLor to being put into service, 1.07 Once the temporary water system has been assembled, pressure tested and disinfected, the City of Bozeman Water Department staff will review the test results and inspect the final connection to the building. The City of Bozeman Water Department staff will not participate in the assembly of the temporary water system. The CONTRACTOR shall conduct all other work on the services as stated in Item 1.01. 1.08 Pipe protection measures must be supplied at road crossings, alleyways, or residential driveways. For crossings of arterial or collector streets, the CONTRACTOR will be required to install the temporary water in a shallow trench. Aerial crossings of the temporary water lines at street crossings will not be allowed. Temporary water supply pipes shall not be installed in storm drain pipes. For crossings of local streets, alleyways, or driveways, traffic-rated hose ramps shall be used to protect the line from damage. Mounding millings or cold mix over a temporary water pipe will be allowed under the following conditions: 1. The maximum height shall be 2-1/2 inches. 2. A bond breaker shall be laid on top of the existing asphalt before the millings or cold mix are laid. down. The millings or cold mix shall be tapered a minimum of 3 feet on either side of the temporary water pipe, 3. Provisions are made to avoid impact loads on the temporary water pipe, 4. Signs are erected indicating a bump ahead at 500 feet and 100 feet from the bump and at the bump in both directions. The asphalt crossings shall be cut straight and vertical shall have uniform width and shall be cut perpendicular to the centerline of the street. Restoration shall match the appropriate surface restoration detail and shall have an adequate width to allow compaction with a small mechanical compactor. There will be no payment for any street cuts or asphalt restoration under this item, this being incidental to the work. Temporary water lines that cross pedestrian pathways shall have ramps that meet ADA requirements to allow for safe pedestrian crossings of the lines. 1.09 After services are connected or reconnected following installation, testing, and acceptance of the new main, the water service piping shall be backflushed from the residence to the trench. The inability to backflush shall not relieve the CONTRACTOR from any requirements of the Contract Documents, 14 SPECIAL PROVISIONS 1.10 The CONTRACTOR should expect to find the existing plumbing on some services to be in old condition. The CONTRACTOR shall use an ordinary degree of care while working on this condition of service. Also,there may not be any convenient point of temporary connection on some services. In this case, temporary fittings must be provided to achieve the temporary water supply. This will be incidental to the work, 1.11. The contractor shall provide a local representative who is available 24 hours a day and 7 days a week to maintain the temporary water system and to respond to correct any problems with the system. The phone number of this representative shall be provided to the owner at the preconstruction meeting. 35. ENGINEERING MATERIALS TESTING AND CONTROLTESTING A. With the exception of items requiring special inspection,the Contractor shall be responsible for all material testing including, but not necessarily limited to. I. 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 ran, and crushed base course materials, 6. Portland Cement concrete and asphaltic concrete pavement mix deigns, 15 SPECIAL PROVISIONS & 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 cementitious content for reduced strength development. Submit a mix design for approval. No compressive strength testing is required fOT 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 EXCAVATIBLE J Cement, Type I or 11 75.6-102,6 lb/yd 75�.6-151.2 lb/yd-' _;0 g/m 3 (45-60 kp,/m') (45-90 kg/m J— Fly Ash None 151.2-596.7 lb/yd (90-355 kg/m3) Water Mix designs must produce a Mix designs must produce a consistency that results in a consistency that results in a flowable, self-leveling product flowable, self-leveling product at time of replacement, at time of replacement. Air 5%to 35% 5%to 15% Unit Weight (Wet) 2,430-2,970 lb/yd 2,700-3,375 lb/yd' ) (1,440-1,760 kg/m') (1,600-2,000 kg/M 3f I 16 SPECIAL PROVISIONS Furnish fine aggregate meeting Subsection 70 1.01.1 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 pen-nitted. Protective barriers shall be placed around trees as necessary to prevent inadvertent damage by equipment, The Contractor shall take care to locate any existing sprinkler heads or lines prior to excavation. Any sprinkler systems which are damaged shall be repaired by the Contractor. The Contractor shall be responsible for preserving existing property pins in the field. The cost of resetting property pins removed by the Contractor shall be the responsibility of the Contractor. 40. USCHEDULED EMPLOYMENT OF CITY WATER/SEWER SERVICE WORKERS One City Of Bozeman Water/Sewer Operations Dept service worker will be available 7:15 AM till 17 SPECIAL PROVISIONS 5:15 PM Monday-Friday with the exception of City recognized holidays. Work scheduled outside these times with less than 24 hours notice will be billed at 1.5 times the service worker's base pay rate of$21.00 per hour. Call outs(emergency response with no notice)will be billed 2 hours double time the base rate. Each succeeding hour thereafter 1.5 times the base rate. 41. DELAYS The Contractor shall schedule the Work to be completed within the Contract Time(s) stipulated in the Agreement, including an allowance for time lost due to abnormally cold weather, abnormal precipitation, or other natural phenomena. Time extensions will not be granted for rain,wind,flood, or other natural phenomena of normal intensity for the locality where Work is performed. Such events will not constitute justification for an extension of time unless agreed upon by both the Engineer and Contractor, and the total time lost to such events exceeds 5% of the Contract Time, For purposes of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for a minimum continuous period of at least one-fourth of the Contract Time involved with the average of the preceding 5 —year climatic range during the same time interval based on U.S. Weather Bureau statistics for the locality where the Work is performed. 41. CURB REMOVAL AND REPLACEMENT Wherever a hydrant lead pipe, service line, or other water line crosses curb and gutter,the curb and gutter shall be removed and replaced as part of the installation. Tunneling underneath the curb will not be permitted, 42, POLYETHYLENE ENCASEMENT Unless otherwise directed by the ENGINEER,polyethylene encasement will not be required on this project except between fittings and concrete thrust blocks where shown on the plans. 43. TRAFFIC SIGNAL DETECTOR LOOPS The traffic signal loops at the intersection of Mendenhall and Rouse will likely be damaged during installation of the new water line. Any loops damaged shall be replaced by the Contractor. Loops shall be constructed from polypropylene conduit with 3/8" I.D. (9.5 mm) and 5/8"" O.D (16 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 PROVISIMS 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(3 Ocm) for the entire length of the lead-in. Attach lead-ins to loop heads with a schedule 80 CPVC tee. Loops shall be Model A, manufactured by Never-Fail Loop Systems, or approved equal. Loops shall be installed prior to any pavement patching. Make loop wire connections in pull boxes or signal standards using soldered, waterproof splices. Excess make-up wire or lead-in or loop wire coils is not permitted. Ensure a minimum of 3 feet (I m) of insulated conductor is coiled neatly in the bottom of the pull box for each loop. Tag loop wire in the pull box, or signal standard if spliced there, with a permanent wire marker indicating the approach, loop number, and "input" or "output". The Montana Department of Transportation will verify the following loop characteristics prior to accepting the loop. • Resistance to ground. A resistance of less than 100 Megohms indicates a faulty loop. • Inductance, An Inductance of less than 100 microhenries indicates a faulty loop. • Resistance. A resistance of more than 5 ohms indicates a faulty loop. Repair faulty loops at Contractor expense, 44. SCHEDULING AND SEQUENCING OF WORK The limits of work for this contract shall be considered to be comprised of three work zones. Zone I shall be from North 7'h Ave. to North 3A Ave., Zone 2 from North 3`'d Ave. to North Rouse Ave, Zone 3 from North Rouse Ave, to North Broadway Ave. Work zone restrictions for Zones I and 3 shall be as specified in MPWSS Section 02221, 3.9. For Zone 2, in addition to the restrictions specified in MPWSS Section 02221, 3.9, the Contractor shall limit his construction activities to a maximum oft 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 closure s/events: - Friday April 26, 201.3, 4:00 pm to 8:00 pm: Bobcat Fest. One lane of Mendenhall shall be open from Rouse to 71h. Bozeman Ave and Rouse Ave shall be fully open from Main to Mendenhall. - Monday May 27, 2013, 8:00 am to 2:00 pm: Memorial Day Parade. One lane of Mendenhall shall be open from Wallace to 7'h. Church and Wallace shall be fully open from Main to Mendenhall. - Every Thursday, 5;00 pm to 11:00 pm, June 27, 2013 to Aug. 15, 2013: Music on Main. One lane of Mendenhall shall be open from Rouse to 7'�. 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 7 1h. 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 18, 2013, 9:00 am to 3:00 pm. Car Show. One lane of Mendenhall shall be open from Church to 7 1h. Church shall be fully open from Main to Mendenhall. Sunday September 81h 2013: Bozeman Marathon. One lane of Mendenhall shall 1 be open from Church Ave to 7". 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 7'1'. 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 7t}'. 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 1.02. (Mobilization)Fifty percent(50%)to be paid on the first progress estimate when mobilizing to begin construction,and fifty percent(50%)to be paid following substantial completion and acceptance of the work. There will be no separate measurement and payment for the Additive Alternates, Item 103: (Connection to existing main)Measurement and payment per connection to an existing water main. Payment shall include all materials, equipment and labor to complete the connection, including any necessary thrust restraint, thrust blocks, or gravity blocks, pipe spools, and couplings. Items 104, 105, 106, 107,& 108: (Valves)Measurement and payment shall be as per MPWSS Section 02660 4.6 A. Items 109, 110, 111, 11,2, 113, 114, 115, 116, 117, 118, & I-19: (Tees, bends, crosses, reducers, and increasers) Measurement and payment shall be as per MPWSS Section 02660 4.3 A. Items 1,20, 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 1 pipe bedding, trench excavation,backfill,and compaction,including furnishing and placing any required flowable fill backfill, cleaning, testing, and disinfecting the water main, providing any and all necessary joint and thrust restraint, dewatering, proper disposal of all waste materials, and all other work necessary or incidental for completion of the item. Item 123: (Service reconnection within trench limits,2"diameter and smaller)Measurement shall be by the numerical count of each service that is reconnected within the limits of the main line trench.Payment 1 MEASUREMENT AND PAYMENT at the contract unit price shall constitute full compensation for furnishing and installing all service clamps, corporation stops, water service pipes, fittings,testing and disinfection, and for tapping of the new main and providing all tools, equipment and incidentals necessary to complete this item. Item 124: (Service reconnection outside trench limits, 2"diameter and smaller) Measurement shall be by the lineal foot of each service that is reconnected,beginning at the connection to the main,up to the connection to the existing service, either outside or inside of the building. Payment at the contract unit price shall constitute full compensation for furnishing and installing all service clamps, corporation stops, water service pipes, fittings, curb stops and curb boxes, and for tapping of the new main, for all excavation, backfill, compaction, removal and replacement of any curbing or sidewalk removed to complete the item, proper disposal of all waste materials and providing all tools, equipment and incidentals necessary to complete this item. Item 125: (Service reconnection outside trench limits,4"diameter and larger) Measurement shall be by the lineal foot of each service that is reconnected, beginning at the connection to the main, up to the connection to the existing service,either outside or inside of the building,including any fire hydrant lead reconnections. Payment at the contract unit price shall constitute full compensation for furnishing and installing all water service pipes, fittings,joint restraints, testing and disinfection, for all excavation, backfill, compaction, removal and replacement of any curbing or sidewalk removed to complete the item,proper disposal of all waste materials,and providing all tools,equipment and incidentals necessary to complete this item. Any gate valves required to complete the reconnection shall be measured and paid for separately. Item 126: (Service reconnection outside trench limits,4"diameter and larger) Measurement shall be by the lineal foot of each service that is reconnected, beginning at the connection to the main, up to the connection to the existing service,either outside or inside of the building,including any fire hydrant lead reconnections. Payment at the contract unit price shall constitute full compensation for furnishing and installing all water service pipes, fittings,joint restraints, testing and disinfection, for all excavation, backfill, compaction, removal and replacement of any curbing or sidewalk removed to complete the item,proper disposal of all waste materials,and providing all tools,equipment and incidentals necessary to complete this item. Any gate valves required to complete the reconnection shall be measured and paid for separately. Item 127: (Install expansion tank and backflow preventer) Measurement will be by numerical count indicated where services are replaced into the house and there currently is not an expansion tank or backflow preventer. Payment shall include all materials,equipment,appurtenances,and labor to provide and install the expansion tank and backflow preventer. Item 128, 129, 130, 131, & 132: (Fire hydrants) Measurement and payment shall be as per MPWSS Section 02660 4.7 A. Item 133: (Remove Existing Hydrant) Measurement will be by numerical count indicated where hydrants are to be removed but not replaced with a new hydrant in the same location. Payment shall include all materials, equipment, and labor to remove the hydrant to the shoe and salvage to the City, 2 MEASUREMENT AND PAYMENT plug the lead pipe, excavation, backfill, surface restoration to match existing, and appurtenances. Item 134: (Insulation) Measurement shall be made on a lineal foot basis along the centerline of the pipeline being insulated. Payment at the contract unit price shall constitute full compensation for furnishing and installing the insulation board to the required dimensions as well as any required additional excavation, furnishing and placement of sand bedding, backfill and compaction, all for all tools, equipment and incidentals necessary to complete this item. Item 135: (Traffic control)This item shall be measured and paid for as per MPWSS Section 01570 Part 4, lump sum basis. Item 136: (Temporary water system)This item shall be measured on a lump-sum basis.Payment shall be made at the contract lump-sum price bid for this item, and shall constitute full compensation for providing and installing the temporary water system,making all temporary connections,disinfection and testing of the temporary water system,protecting the temporary water system from damage at all vehicle crossing points, providing AIWA approved pedestrian crossings of the temporary water system if necessary, for removal of the temporary water system and restoration of any pavement cuts, and for all materials, tools, equipment and incidentals necessary to complete this item. Progress payments are in proportion to total construction,completed. Item 137: (Asphalt surface restoration) Measurement for asphalt surface restoration shall be by the actual number of linear feet of restoration satisfactorily accomplished,measured along the centerline of the water lines, and payment shall be made at the unit price bid for all labor, equipment, materials and incidentals necessary to furnish,install and compact the gravel base,and to furnish,install and compact the asphalt surface restoration as per the plans. Item 138: (Jack and bore) Measurement shall be by the lineal foot of steel casing pipe installed. Payment at the unit price shall constitute full compensation for furnishing and installing all steel pipe, excavation,backfill,boring or jacking,welding,exterior grouting,casing chocks, end seals, equipment and all incidentals necessary to complete this item. The carrier pipe will be paid for separately under item I I I. Item 139: (Type 2 Bedding),this item shall be measured and paid for as per MPWSS Section 022214.4, cubic yard basis. Item 140: (Curb box/valve box removal) Measurement shall be by the numerical count of each curb box or valve box removed that is associated with a service line that is currently abandoned or will not be re- connected. Payment at the contract unit price shall constitute full compensation for removing each curb box or valve box riser a minimum of 24"below finish grade,for backfilling any resulting voids,and for restoration of any landscaped areas or concrete areas disturbed during completion of this work. Item 141: (Locate&Repair Sewer Service) Measurement shall be by the numerical count of each sewer service which is found to be more than 2' either side of the locate marks. Payment at the contract unit price shall constitute full compensation for locating the sewer service and repairing it if it is broken 3 MEASUREMENT AND PAYMENT including furnishing and installing pipe and necessary fittings, furnishing and placing Type I pipe bedding, trench excavation, backfill, and compaction, including furnishing and placing any required flowable fill backfill,dewatering,proper disposal of all waste materials,and all other work necessary or incidental for completion of the item. No separate measurement and payment will be made for locating and/or repairing any sewer services which are found to be within 2 feet either side of the locate marks, Item 142: This item shall be measured by the number of loops installed. Payment at the contract unit price is full compensation for all resources necessary to complete the item of work under the contract and to furnish an operational system. Item 143: (Quality Assurance Testing)This item shall be measured on a lump-sum basis. Payment shall be made at the contract lump-sum price bid for this item, and shall constitute full compensation for hiring an independent certified testing laboratory to perform all required testing, necessary retesting, documentation,report preparation and submittal;and for all materials,tools,equipment and incidentals necessary to complete this item. This item shall also include all necessary coordination and scheduling of testing activities which shall be the sole responsibility of the contractor. Progress payments are in proportion to total construction completed. Item 144: (Miscellaneous Work)The item Miscellaneous Work has been provided in the proposal for any work and/or materials which may be encountered during construction, but which is not addressed elsewhere in the contract. Miscellaneous work will be measured by the respective unit for material and/or work performed as directed in writing by the Engineer. Payment for Miscellaneous Work, measured as provided above, will be at agreed upon prices or on force account basis. The number of units in dollars set down in the contract is an estimated amount only,which may be adjusted up or down by the Engineer in accordance with the needs of the project. 4 MEASUREMENT AND PAYMENT SECTION 02602 DIVISION 2— SITEWORK PIPE BORING AND JACKING PARTI 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 dewateTing 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 the boring andjacking work. PART 2 PRODUCTS 2,1 CASING PIPE A. Casing pipe shall be steel as specified herein. Casing pipe diameters shall be properly sized to allow installation of the carrier pipe with minimum inside diameters as listed below: Steel Casing Pipe Carrier Pipe Nominal Diameter 8" DIP 16 inches B. Steel Pipe. Steel casing pipe shall be smooth steel pipe,ASTM A53 Grade B,having a minimum yield strength of 35,000 PSI with a minimum wall thickness of 0.375 inches. Ends shall be beveled for field butt welding, and joints shall be welded around the entire circumference and ground smooth. 2.2 CARRIER PIPE The carrier pipe for the water main pipe for the Bozeman Creek crossing shall be 8 inch ductile iron, as specified on the plans. 23 CASING CHOCKS Casing chocks shall be installed on all carrier pipes. Casing chocks shall be of sufficient depth to prevent the bell end of the pipe from coming in contact with the casing pipe. Chock. depth shall exceed the outermost edge of the pipe bell by a minimum of 3/4-inch. Casing chocks shall be composite stainless steel/polyethylene casing chocks as specified herein. Metal components of casing chocks shall be Type 304 (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 1.02Y. 15 GROUT CONNECTIONS. The Contractor shall provide Grout/Lubrication ports within the pipe wall with no fewer than 1 hole per 25 feet of pipe located at the inside top edge of the pipe. Grout/lubrication ports to be 1 '/2" to 2" with check valves installed. Grout connections to be plugged prior to installation of the carrier pipe. 2.6 END SEALS End seals shall be rubber/elastomeric body with stainless steel bands. End seals shall be compatible with the casing and carrier pipe. End seals allowed for consideration shall be manufactured by Cascade Waterworks,Mfg.,or Power Seal Pipeline Products Corporation, or approved equal. PART 3 EXECUTION 3.1 GENERAL INSTALLATION PROCEDURES A. Jacking pit: The excavations for the boring or jacking operations shall be adequately shored and dewatered to safeguard personnel, existing substructures, and surface improvements and to ensure against ground movement in the vicinity of the jack supports, B. Control of alignment and grade: The Contractor shall control the application of the jacking pressure and excavation of materials as the casing advances to prevent the casing from becoming earthbound or deviating from the required line and grade. The Contractor shall restrict the excavation of the materials to the least clearance necessary to prevent binding in order to avoid loss of ground and consequent settlement or possible damage to overlying structures, Allowable deviations in horizontal and vertical alignments shall be no greater than 0.2 feet per 100 feet in any direction over the length of the j acking 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—SITE 'O 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. C. 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 full 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, 33 END SEALS Install end seals on each end of the casing pipe per manufacturer's recommendations. END OF SECTION 02602 02602 - 5 APPENDIX STANDARD DRAWINGS r� x d cTi wM ro w u O � O Ct uj L]_ L] tY x Z C5 $ D co n co Lj D ow xM 0 �rzw 0. F °u x mZ 0 Z W y U�3Ha! z o NBC.IF{ 19 C ° b ° C LL. Q aC ° F nc °w la_ s c E `s � � o oc n V) w E n o A W W a ° 0 � La 6 .�° ncr ° c O E .r is. t/'? Z U G ra cvo c D x E u u A E uj x c ... � o o ° c E V -C= �, _ c o D© 3 m C3 c' D 1 Sl h ° A.V. j U E N D L 4 <4 a CS.w p O D y CJ C c CI D, u 0 w � L E � c �+ A.. C oc E �• �o A .n to �" a�i;E CO �f .0 A tFS "G 0 ° a,'z U-D o �_ z ..c Q UI O C ' a° Lo t- � om 'D '- If1 n` v�0 �r•c w 0«O 2 I ��� 5 c Q) i°' D 4; r-:5 c d w._0ozas aaDwQ:c 3 o� oz oC> wr Ica o °u ri x a Nti" at � c `aa N 7 . CZ D D A O' D o r-ZZq ca oQ D .°r?ac ' E W 4 c 0 ��n o u�p h z rc i Mr Kr vi 6 ¢� hd ! 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"— .n o yr o 7 (no w a N LO h 00 0. n 0 A Lr) �t rn pv " 0 0) " o � m _ p 0 � c o _ L3C 0 p.47 O N X C) LLJ N _ C1 uo CL ^ C a G N �I' F^- : y 0 E 0 p 'p Q Q w DZO p �0 C� tyi —Q�-Y rn p v, F-- tL c v 4 0 >m °) y u p 22 0.-F Vp V) �. n,� Q ta .w 03`Q C2 p cQ 6.2 v> K(nu LO V) ©min N ai et LLJ LLJ r a x zW 00 EL �U') R9-11(L) SIDEWALK CLOSED AHEAD CROSS HERE 311"X24" SIDEWALK CLf1SED 24"X18" SIGNS ARE TO BE PLACED AT THE NEAREST LEGAL CROSSING TO THE WORK AREA. MAY ONLY BE USED IF A PARALLEL SIDEWALK EXISTS ON THE OTHER SIDE OF THE ROADWAY. SIDEWALK CLOSED 24"X18" R9-1 1(R) SIDEWALK CLOSED AHEAD CROSS HERE 3O"X24" SIGN WORK SITE TRAFFIC DRUMS OR CONE CITY OF BOZEMAN SCALE. PEDESTRIAN TRAFFIC NO. 01570_7 NONE CONTROL FOR TEMPORARY STANDARD DRAWING SIDEWALK CLOSURE FEB 21D7 EEC SLWFAGNG 3b� a y5 1 0 A. MW mix ASPNM.i MO SUWPACC " J.r', FdCONCRETE ADkGTW. H=AS NECE 5PM (a"WH-12'N.5%) 1.Adjust mariboles upward with Austmg rings under fime. 2.Adjust manhole downward by removing cone and barrel sections as necessary and replacing with sections of length required to match grade.. 3.Slope manhole frame as required to mathch slope of street. 4.final manhole adjustment shall be made before paving. 5.All joints between manhole sections,top cone,adjusting rings,and manhole ring shall be watertight. Joint material shall be"Ram Nek"or approved equal. 6.Manhole ring and cover steal be adjusted to match final crown and grade of street,Use Anderson Precast or approved equal concrete angled adjustment rings to obtain r"*ed sn ee. 7.Manhole ring and cover:use MCI 305 fime,305A cower,IP+0 772 frame, 772-B cover,or Deeter 1025,or D&L A-1172 with P cover. CITY OF BOZENIAN Scale: MANHOLE OLE JUST E NO. 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 O.S,H.A. REGULATIONS* 12"(30 cm) MIN. SUBGRADE OR GROUND SURFACE //\ yff/f� INSTALL DETECTABLE SLOPING, BENCHING OR WARNING TAPE 18"(45cm) SUPPORT SYSTEMS IN THIS BACKSLOPE AS SPECIFIED MAX. DEPTH AREA TO CONFORM TO TO CONFORM TO O,S.H.A, (OPTIONAL) O,S.H,A, REGULATIONS* REGULATIONS+ TYPE 'A".'B', OR "C" 6"(15cm) % TRENCH BACKFILL i' fj n. SELECT TYPE I BEDDING C f MATERIAL PLACED IN 6'(15cm) LAYERS & TYPE i PIPE REDOING r / COMPACTED AS SPECIFIED PLACED IN 6"(15em) MAX. C + �f xX LAYERS AND COMPACTED r 4"(10cm) .', r < �x/�� IN SECTION O2221. THOROUGHLY. /r TRENCH WIDTH=O,0.OF PIPE PLWS 2'(6pcm) ✓/ /\ MIN. TRENCH WIDTH- 3.5"(1.1m) TYPE 2 PIPE BEDDING WHERE REQUIRED FOR SOFT OR UNSTABLE �' �f ✓%/°� ✓ice/f/j/itir/R�f 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{3. 02221- A round Surface 3'(90crn) Jd /✓yyJ'Jf,r /d'y' r'y'/'r'rJ/J'r'J/fJ r'r'+° '/r r'r/ ✓ Jy` ✓ y' '' J'y',/ / Std.Trench Backhll Trench Plug Material. r✓y'J/r/y /r r' rr r, ffi/r / ✓ ✓ rJ y / r /, y / r '/✓J✓ r / ; J rJ J'y'Jyr r r' r ✓',' J` J'J'y'r/'/, Select Pipe Bedding / r /r y r// ✓ ,,/ r y Bottom of Trench Type l Bedding A � 10'(3 m) Std.Trcnch Backfil] Section A-A Ground Surface Trench Wall Trench Wall / ! y r J Ay/r rr rA / rylr f Plug Limit Plug Limit L :::]3'(90 Clr]) Plug Limit J Trench BottoBottom 3'(9Q cm)--1 L3'(9Q cin) REVISED: 10/21/02 MONTANA PUBLIC WORKS SCALE: TRENCH PLUG STANDARD DRAWNG STANDARD SPECIFICATIONS NONE EXCAVATION RETAIL NO. 02222-1 I 2" TO 2 1/2" DIAMETER BRASS CAP WITH ROUNDED TOP, SET FROM REFERENCE POINTS. ENGINEER TO MARK MONUMENT POINT IN CAP STREET PAVEMENT AFTER INSTALLATION. 1/8" TO 1/4" BELOW PAVEMENT 5" TO 9" BUT NO . DEEPER THAN 1/2" ABOVE BOTTOM OF BOX, :., y d + GRAVEL BASE- , ' MIN. f. 4 w.�. LEAVE GRAVEL EXPOSED FOR DRAINAGE. MIN. ... .. +'. STANDARD CONCRETE (6 1/2 SACK MIX OR BETTER) POURED IN PLACE OR PRECAST AND SOLIDLY PLACED, a NON REINFORCED 6" MIN., ROUND OR SQUARE WITH 1/2" CHAMFERED CORNERS OR " REINFORCED PRECAST 4" SQUARE WITH 1/2" CHAMFERED CORNERS AND 4 NO. 2 REBARS. MONUMENT BOX INLAND FOUNDRY CO. PATTERN NO. 1034 OR APPROVED EQUAL, CITY OF BOZEMAN SCALE: STANDARD DRAWING NONE TYPE 1 STREET MONUMENT N0. 02529-3 Dec. 1999 A #' p B B 3 �.�, ,,A REDUCER MIN. UNDISTURBED EARTH Y TEE TEE (Plugged) BEND STANDARD DIMENSIONS FOR THRUST BLOCKING RMNG TEES & PLUGS 90°8END 45°80D do WYES rvD 22 1 I:wm A a A B A B A 4" 1'-7' 1'-2" 1•-9° 1-6 1=8" o'-fo 1'-7' W-6" 6" 2'-0" V-11' 2"-5' 2'-2" V-10' 1'-7° V-9' 01-10' $` 2 -8" V-6" 3T-2° 3'-0' Z-5' 2'_I° 1,_9. 1%-61 10` 3'-4" 3'-3° 4"-o' 1 3""f0° 3,-0` 2"-g" 2`-2" 12' 4=-0" 3`-10• 4°-8" 4'-8° 3'-8" 3'-3° 2_7* 2•-3° 14' 5'-51 X--10" 4'-9° 3'-5' METRIC DIMENSIONS FOR THRUST BLOCKING nTT/NG TEES & PLUG'S 90°BEND 45OMD & W'YES 22 1 BiND loom 0„5m 0.4m 0.5m 0.5rn 0.5m O.&n 0.5m 0.2m 15cm 0,6m 0.6rn 0.7m 0.7m 0.6m 0.5m 0.5m 0.3m 20cm 0.8n 0.8m Lom 0.9m 0.7m 0.6m 0.5m 0.5m 25cm Lom I.Om 1,2m 1.2m 0,9m 0.8m 0.7m 0.6m 3ocm 1'.2m 1„2m 1.4m 1.4m 1.1m 1.0m 0.8m Or7m 36cm 1.6m 1.2m 2-()m 1.5m 1.4m Lom t.0m 0.7m N I. THESE TABLE'S ARE BASED ON 150 PS7(1o3o kpa) MAIN PRES'S41RE 2.WRAP ALL FITTINGS WITH POLYETHYLENE, 2000 PSF(9800 kgfmx) SOIL .BEARING PRESSURE REMSEQ: 12/27/95 MONTANA PUBLIC WORKS SCALE: THRUST BLOCKING STANDARD DRAWING STANDARD SPECIFICATIONS NONE FOR WATER MAIN FITTINGS NO. 02660--1 REBAR ANCHOR ® p p b e a f1 m d m. 4d � 8 q b a ✓` a m4S � " '� and a � �+ �- I \ CONCRETE ° h1 / %��✓/n ANCHORS r` ✓N "B" 'A" NOTE: COAT RODS WITH "KOPPERS" BITUMASTIC NO. 50 COATING OR EQUAL_ THRUST BLOCK DIMENSIONS Anch` vokvt 1 PSI 1 150 PSI 200 PSk 1 250 PSI 300 PSI six. size A B MM B C A B C A B C A B C 1 2'-0''.2'-a 2 '.2"-0.2'.-0.2'-0"2�_0. 2'-0' 2'-012'-0' 2•-0,2*-0'2°.-0'2•-7' 172" 10" 2'-0''2'-0 2 V-6 2'-0.21-s'2'-6`2'-6` s'-0 3'-0' 3'-0 3-� a`-a S-a 1 2 " 2'-3" 2'_0 3'-0'2'-w3 S-5"3'-0`3'-0' 4'-3 3•-0' 3'-0 5'-9 0 3`-0 1 14" '.z'-3' 2'-0. S-0 S-0 4°-5 3,-0'g'...0. 4'-0 4'-0. 4'--0.. 4•-s 4'-0 a-0 . 1/8" 16 3'-0' Y-0, 4 3'-0 3'-0 4"-1"4'-0'4'-0'5'-1 4'-0 4'-a 6"-1 4'-a 4'-0 1 4 18" V-8' S-0 5 S-0.3°-a 5-1'4'-0'4'-0" 6'-4 4'-0'4'-0 5-9 5'-0 5'-0 3 8 24" 4`-4' 4'-0 5 4"-0 4'-0 6'-6.5-0'5'-0' 6'-5 W-0' 6'-0 x'-a 6'-o s'-0 NOTE: Pressures shown above pre 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 BLOCK'S NOT REQUIRED ON TAPPING VALVES CITY OF BOZEMAN SCALE: THRUST BLOCKING FOR NO. 02660-3 STANDARD DRAWING NONE WATER MAIN VALVES DEC 2003 w w w w W w PROPERTY LINv E 2' MIN. w w -FIRE HYDRANT VARIABLE"' w w w w W W w w w W W w W w W w SIDEWALK WATER MAIN CURB & GUTTER CURB WALK DETAIL PROPERTY LINE 1` CURB & GUTTER FIRE HYDRAMIT VARIABLE 3' MIN,. VALVE WATER MAIN L (TYP,) BOULEVARD WALK DETAIL CITY OF BOZEMAN SCALE: HYDRANT LOCATION NCB. 02660-5 STANDARD DRAWING NONE DETAIL Dec 2003 FINISH GRADE CURB BOX VALVE BOX TOP SECTION B'MR'N MUELLER H-15428 STRAIGHT COUPLING WITH GALVANIZED OR BRASS CAP MIN COPPER SERVICE LINE 2" COPPER SERVICE LINE 1/4 BEND COMPRESS&ON 2 COUPLING 1/8" DIAMETER 3 4 CURB STOP CORPORATION STOP PROVIDEI/B" DIAMETER DRAIN HOLE /,WATER MAIN CITY OF BOZEMAN SCALE. STANDARD DRAWING NONE TYPICAL BL01N4�`E NQ. 02660-7 Dec. 2003 UNDISTURBED EARTH. (TYP) CONCRETE THRUST 4 "` q. . BLOCK( (TYP ) MJ GLAND MJ GLAND -. D.1. MJ D.E. D.I. PIPE TEE PIPE PIPE MJ VALVE D.I. MJ GLAND PIPE 3/4" MIN, CORROSION RESISTANT ALL THREAD RESTRAINING ROD, CONFORMING TO ASTM A242-81, MJ VALVE INSTALLED IN HALF THE AVAILABLE MECHANICAL JOINT BOLT HOLES (TYP.) WHERE NECESSARY, CLAMPING LUGS (ROMAC "DUCTILE LUG" OR EQUAL) DESIGNED TO FIT DUCTILE IRON (D.I.) PIPE, AND CONFORMING MJ GLAND TO ASTM 536-80 MAY BE USED IN CONJUNCTION D.I. WITH THE RESTRAINING RODS, PIPE CITY OF BOZEMAN SCALE® TYPICAL VALVE TEE NtDI�E RESTRAINT N'D• 02660-14 STANDARD DRAWING DEC 2003 ALNO LOY N€TOE TES,o PRESSURE cum€nrnavas WILL eE - METER SIZED SAME AS tlNCOMING UNE - NO EXCEPTIONS,PORTS OF ANY BACKFLOw PREVENTION ASSEMBLY. d XPLOw PREVENTION ASSEMBLY MUST CONNECT DIRECTLY To METER/ FLANGE TO BE THREADED aN SrANDf�IpE, STRAINER. M.J.TO FLAN aE AJ1V�''raR'S NOT ACCEPTABLE REQUIRED BACKPLOw pREVENTION {TYi'IG1L FOR ALL RISER CONFIGURATIONS WATER U RI DETERMINED BY �F/ � WATER SIJPERINiE1JCCNr. 4"" OR LARGER CLASS 51 DUCTILE IRON PIPE (TYP�) 1' MIN., 2' MAX.ABOVE . . 1 FINISHED FLOOR FLOOR MECHANICAL 3/4" MIN. Rnd,'Rod, INSTALLED IN EVERY OTHER AVAAAMLE M"J. JOINT BOLT HOLES (TYPICAL)— 5/0'RODS ACCEPIABLE FOR N'LINES MAIN THRUST �, BLOCK 90' BEND WITH THRUST BLOCK LEGEND TAPPING TEE & VALVE, OR INSTALL VALVE AT FLANGED 05&Y VALVE PROPERTY LINE (TYPICAL FOR ALL RISER CONFIGURATIONS) PROVIDE FLEXIBLE, WATER—TIGHT CONNECTION FOR ALL WALL OR FLOOR PIPE PENETRATION. CITY OF BOZEMAN REQUIREMENTS FOR INSTALLATION OF BACKFLOW PREVENTION ASSEMBLY 1, The FIRST fitting inside of the building shall be a UL listed flanged Kennedy or Mueller OS&Y valve the some size as the service line, Combination strainer/meter immediotely following os&y valve or elbow attached directly to os&y valve -- meter must set horizc,3tal. i" MItN FINISOOR 2, All Backflow Prevention Assemblies sholl be ,r a. UL or FM listed. b. Approved by the University of Southern California Foundation for Cross Connection Control and Hydraulic Research (USCFCCCHR) for operation in the proposed position (vertical or horizontal) as shown on MECHAapproved plans,. JOINc, Installed as shown on the approved plans, 1 Horizontal installations must be a minimum of 2' above the finished floor. 4. The service riser must be a minimum of 2" from any outside wall. 90T5. The incoming service line shall be Q m inimum 6.5', and a max— imum of 7.5' below the finished grade„ 6. All service line appurtenances shall hove a minimum pressure rating of 175 PSI, 7, A11 service fines 4" and larger shall be Class 51 Ductile Iron Pipe, —1' MIN., 2' MAX, B. Line sizing: The Backflow Prevention Assembly and meter shall be equal in size to both the incoming pipe diameter (upstream) and outgoing pipe diameter (downstream). For example, a 4" service line shall have a 4 meter and Backflow Prevention Assembly, 2' MIN,, 3' MAX CLEARANCE COATED WALL PLATE, ABOVE FINISHED FLOOR 5/1S'MN THICKNESS, CITY OF BOZEMAN SCALE: WATER SERVICE LINE NO. 02660-12 STANDARD DRAWING NONE DEC 2003 FOR SIZES 4" AND LARGER REV: APRIL 2006 ONLY FrrTNGs ALLOWED BETWEEN FIRST OS&y VALVE AND 40 PRESSURE C44ES OR PRESSURE GAUGE FmINOS WILL BE BACKFLOW ASSEMBLY To BE So BEND, SEE NOTE°S ALLOWED ON THE TEST PORTS of ANY BACKFIOW ASSEMBLY . FLANGE TO BE THREADED ON STANDFMPE. M,J.To FLANGE ADAPTORS NOT ACCEPTABLE 4" OR LARGER CLASS 51 (TYPICAL FOR ALL RISER CONFIGURATIONS) LEGEND DUCTILE IRON PIPE (TYP.) r`MIN„ AX 2' M . ABOVE Zy FLANGED OSdtY VALVE FLOOR FINISHED FLOOR . • .. ,.+.; '.. Tom""7 MECHANICAL REDUCED—PRESSURE BAGKFLOW-PREVENMN JOINT 3/4" MIN. Redi Rod, INSTALLED IN ASSEMBLY(MINIMUM MAIN EVERY OTHER AVAILABLE M.J. O API PPLi (S)INDICATED BOLT HOLES (TYPICAL) — 5/5" RODS ACCEPTABLE FOR 4" LINES THRUST 90' BEND WITH THRUST BLOCK BLOCK TAPPING TEE & VALVE, OR INSTALL VALVE AT CITY OF BOZEMAN REOUIREMENTS FC'Ft INSTALLATION OF PROPERTY LINE (TYPICAL REDUCED PRESSURE BACKFLOW PREVENTION ASSEMBLY FOR ALL RISER 1. The FIRST fitting inside of the building shall be a UL listed flanged American Flow Control, Kennedy or Mueller OS&Y valve the CONFIGURATIONS. some size as the fire service line. 2. All Reduced Pressure Backfiow Prevention Assemblies shall be: a. UL or FM listed,. PROVIDE FLEXIBLE, b. Approved by the University of Southern California Foundation for sEE NOTE g Cross Connection Control and Hydraulic Research (USCFCCCHR) for WATER—TIGHT CONNECTION operation in the proposed position (vertical or horizontal) as shown On FOR ALL WALL OR FLOOR approved plans. c, lnstalled as shown on the approved plans. PIPE PENETRATIONS, 3. A flaw detection device shall' be installed immediately following the Reduced Pressure 8ackflow, Prevention Assembly (alarm check valve, flow sensor olarm, meter, etc. as shown on the approved pions. Paddle—type flow a arms not permitted'on dry systems. 1` MIN.,, 2' MMp,.ABOVE FINISHED FLOOR FLOOR 4. Horizontal 'Installations must be a minimum of 2' above the finished + tl floor. S. The fire service riser must be a minimum of 2' clear from any MECHANICAL outside wail, and a minimum of 1" clear from any interior wall. JOINT 6. The incoming fire service line shall be a minimum of 6.5', and a moz-- imum of 7.5' below the finished grade. 7. All fire service line appurtenances shall have a minimum pressure ratting of 175 PSI, B. All fire service lines 4" and larger shall be Class 51 Ductile Iron Pipe, 90' BEND WITH TFI iUST BLOCK 9. Line sizing; The Reduced Pressure 8ackflow Prevention Assembly shall be equal in size to the outgoing pipe diameter (downstream). 10.. A droin is required. _r =1' MIN., 2' MAX. awTEO sTEa 2 MIN., 3' MAX CLEARANCE WALL PLATE, ABOVE FINISHED FLOOR s/rs"MrN THICKNESS CITY OF BOZEMAN SCALE. STANDARD FIRE SERVICE NONE LINE INSTALLATION NO. 02660-14 STANDARD DRAWING FOR CLASS IV & V SYSTEMS Dec 2003 R-V: I an 0 i M 60' R.O.W. WATER SEWER h' R h quj ui 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. 1 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 CE BOZEMAN SCALE: WATER & SEWER MAIN AND NO. 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 D9a31 D 2.2 FOR SPECIFIED ON PLANS BACK ON POST f SIGN SIZES 2" MIN. MIN. 10' 2" PREFORATED SQUARE TUBE POST (TELSPAR OR APPROVED EQUAL) 7' WN. ,ATTACH SIGNS TO POST WITH %" DRIVE RIVETS (MIN. 2 PER SIGN) STREET MARKER SIGN REGULATORY SIGN 2" PREFORATED SQUARE TUBE 0 �/`f POST (14 GAUGE) a •�l FASTEN POST TO SLEEVE WITH 5As" CORNER BOLT O (A325) 1 )-"' ABOVE FINISH GRACE. INSERT BOLT FINISH GRADE ° a r' HEAD FROM OPPOSITE SIDE OF EXPECTED IMPACT. INSERT DRIVE RIVET INTO OPPOSITE S01E. t F4-± 2 Y",," X 30" 12 GAUGE NON—PREFORATED SQUARE TUBE SIGN POST SLEEVE (TELSPAR ` QWK, PUNCH" OR APPROVED EQUAL) .o ALL SLEEVES AND SIGN 24" POSTS SHALL BE INSTALLED INSERT SIGN POST 18" WNTO SLEEVE PLUMB. , M-4000 CONCRETE ANCHOR 9" �I SIGN POST FOUNDATION DETAIL CITY OF BOZEMAN SCALE: SIGN INSTALLATION NO. 09810-- 1 STANDARD DRAWING NONE STANDARDS AUG. 1994 Revised 6/2002 r> CN CD C7 < < Cy < W Cry < w L� boa i Q C r \ -i h Li 03 CL Li < < U CL [if -1 LLJ LL! L W 00 j LL.j � J � �- P " DID z CJ C)o \ o UJ ,�-y l+� Lrl CL � w W -' co