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HomeMy WebLinkAboutCity Hall Masonry Project Manual - 052013.pdf City of Bozeman City Hall Masonry Repair Project 121 North Rouse Ave Bozeman, MT 59715 Project Manual May 20, 2013 Bidding Documents Set Number PROJECT TEAM: Owner: City of Bozeman 411 E. Main St./ P.O. Box 1230 Bozeman, MT 59715 / 59771 P 406.582.3232 F 406.582.2323 Architect: Comma-Q Architecture, Inc. 109 N. Rouse Ave. #1 Bozeman, MT 59715 P 406.585.1112 F 406.585.5518 City of Bozeman – City Hall Masonry Repair TABLE OF CONTENTS Comma-Q Architecture, Inc. 00 0100 / 1 TABLE OF CONTENTS PART ONE – Legal & Procedural Documents 00 0200 Invitation to Bid 00 0210 Instructions to Bidders 00 0300 Bid Proposal Form 00 1000 Example Bid Bond Form AIA A310 (2010 ed) 00 1010 Example Payment Bond Form AIA A312 (2010 ed) 00 1020 Example Performance Bond Form AIA A312 (2010 ed) 00 2000 Product Substitution Request Form 00 3000 Montana Prevailing Wage Rates for Building Construction 2013 PART TWO – Agreement & General Conditions of the Project 00 6000 Agreement and General Condition 00 6010 Example copy of “Standard Form of Agreement“ - AIA Document A 107 (2007 ed.) 00 7000 List of Contract Forms PART THREE – Detailed Specification Requirements DIVISION 1 - GENERAL REQUIREMENTS 01 1000 Summary 01 2000 Price and Payment Procedures 01 3000 Administrative Requirements 01 4000 Quality Requirements 01 4500 Cutting and Patching 01 5000 Temporary Facilities and Controls 01 6000 Product Requirements 01 7000 Execution and Closeout Requirements DIVISION 2 – SITE WORK 02 0700 Selective Demolition DIVISION 4 – MASONRY 04 8100 Unit Masonry DIVISION 6 – WOOD & PLASTICS 06 1000 Rough Carpentry DIVISION 7 – THERMAL & MOISTURE PROTECTION 07 9010 Joint Sealants and Caulking PART FOUR – Drawings G.1 Cover Sheet A.1 Plans & Reference Images A.2 Building Elevations & Details END OF TABLE OF CONTENTS City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc. THIS PAGE LEFT INTENTIONALLY BLANK City of Bozeman – City Hall Masonry Repair INVITATION TO BID Comma-Q Architecture, Inc. 00 0200 / 1 INVITATION TO BID BOZEMAN CITY HALL MASONRY REPAIR PROJECT 121 N. ROUSE AVE. CITY OF BOZEMAN BOZEMAN, MONTANA Owner: City of Bozeman 121 N. Rouse Ave. Bozeman, MT 59715 Phone (406) 582-2320 Fax (406) 582-2323 Architect: Comma-Q Architecture, Inc. 109 N. Rouse Ave. #1 Bozeman, MT 59715 Phone (406) 585-1112 Fax (406) 585-5518 Receipt of Bid Proposals Sealed Bids will be received by the City Clerk, City of Bozeman, Bozeman, Montana in her office until 2 p.m. (local time) on Tuesday June 4th, 2013, at which time the proposals will be publicly opened and read aloud in the Commission Room, first floor, 121 N. Rouse Ave.. Bozeman, MT 59715. Proposals will be received for the Bozeman City Hall Masonry Repair project, in accordance with the Specifications and other Contract Documents prepared by Comma-Q Architecture, Inc., 109 North Rouse Avenue, #1, Bozeman, MT 59715. Proposals shall be submitted on the “BID PROPOSAL FORMS” provided with the Contract Documents prior to the bid opening. Late bids will not be opened or acknowledged. No oral of faxed bids will be accepted. Modifications to Sealed Bids will be accepted via facsimile prior to the bid openings only. Bids must be signed by an officer or a person duly authorized to sign bids. Proposals will be received from Contractors for the work as defined in the Construction Documents (Construction Drawings and Project Manual). A pre-bid walkthrough of the project will be held at 10:00 q.m. on Wednesday, May 29th, 2013 at the Bozeman City Hall west entry, 121 N. Rouse Ave., Bozeman, Montana. All contractors and bidders are strongly encouraged to attend. Obtaining Contract Documents On Monday, May 20th, 2013, Bidding documents will be on file at Montana plans exchanges as listed in the “INSTRUCTIONS TO BIDDERS” or may be obtained at the office of the Architect: Comma-Q Architecture, Inc., 109 North Rouse Avenue #1, Bozeman, Montana 59715, (406) 585- 1112 upon deposit of $50.00 per set. Parties requesting documents to be mailed must enclose an additional separate payment in the amount of $35.00 per set payable to Comma-Q Architecture, Inc. to cover postage and handling. Postage and handling is non-refundable. Documents remain the property of the Architect and must be returned prepaid. Full refund of deposit will be made for complete sets that are returned in acceptable condition: without notes, marks, or mutilations, and within 15 calendar days after the opening of proposals. Planholders that do not submit a proposal will forfeit their deposit. INVITATION TO BID City of Bozeman – City Hall Masonry Repair 00 0200 / 2 Comma-Q Architecture, Inc. Proposal Guarantee No Bidder may withdraw his bid for a period of thirty (30) consecutive days from the date of opening of the bids. Bids shall be accompanied by an acceptable form of Bid Security in the amount of 10% of the total Bid. Acceptable forms of Bid Security are as follows: Certified Check, Cashier’s Check, Bank Draft, Lawful US Currency, Bank Money Order or Bid Bond made payable to The City of Bozeman, Bozeman, Montana, as a guarantee that if the Proposal is accepted, the Bidder will execute the Contract and fill acceptable Performance and Labor & Material Payment Bonds no later than ten (10) days after the Award of the Contract. Montana State Requirements Each Bidder will be required to have a valid Montana Public Contractor’s registration / license in the proper classification. The Bidder shall comply with all fair labor practices and must meet the requirements of the State Statutes and must pay the prevailing rate of wages to workers performing labor on contracts over $25,000. Owner Rights Reserved The City of Bozeman, hereinafter called the Owner, reserves the right to reject any or all Proposals and to waive any irregularities or technicality in any Proposal, to evaluate the bids submitted and to accept the Proposal that best serves the interest of the Owner. DATED at Bozeman, Montana, this 20th day of May 2013. ______________________________ STACY ULMEN City Clerk Legal Ad Publish: Sunday, May 19, 2013 Sunday, May 26, 2013 END OF INVITATION TO BID City of Bozeman – City Hall Masonry Repair INSTRUCTIONS TO BIDDERS Comma-Q Architecture, Inc. 00 0210 / 1 INSTRUCTIONS TO BIDDERS 1 DESCRIPTION 1.1 The Contract Documents cover the masonry repair scope of work for the: City of Bozeman – City Hall Masonry Repair project, 121 N. Rouse Ave., Bozeman, Montana 2 DEFINITIONS 2.1 Bidding Documents, which include the Invitation to Bid, Instructions to Bidders, the Bid Proposal Form, other sample bidding and contract forms, and proposed Contract Documents, including any addenda issued prior to bid opening. 2.2 An Addendum is a written or graphic instrument issued by the Architect or Engineer prior to the execution of the Contract, which modify or interpret the Bidding Documents by addition, deletion, and clarification of correction. 2.3 A Bid is a complete and properly signed proposal to do the Work or designated portion thereof for the sum stipulated therein supported by data called for by the Bidding Documents 2.4 A Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described 2.5 A Bidder is one who submits a Bid for a contract for the Work described in the Contract Documents. 2.6 The Owner is The City of Bozeman. 2.7 The Architect is Comma-Q Architecture, Inc. 3 BIDDERS REPRESENTATION 3.1 Each Bidder by making his/her bid represents that: a He/she has read and understands the Bidding Documents and his/her Bid is made in accordance therewith. His/her Bid is based upon the materials described in the Bidding Documents without exception. 4 BIDDING DOCUMENTS 4.1 Bidders may obtain complete sets of Bidding Documents from the Architect as set forth in the Invitation to Bid. 4.2 The Bidding Documents may be examined at the following Builders Exchanges: Bozeman Plan Library 1105 Reeves Rd. W, Suite. 800 Bozeman, MT 59718 (406) 586-7653 FAX (406) 586-4062 Billings Builder’s Exchange 2050 Broadwater Ave, suite A Billings, MT 59102 (406) 652-1311 FAX (406) 652-1391 Butte Builder’s Exchange 1230 Harrison Ave. Butte, MT 59701 (406) 782-5433 FAX (406) 782-5433 Montana Contractor’s Association 1717 11th Ave Helena, MT 59604 (406) 442-4162 FAX (406) 449-3199 5 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS 5.1 Bidders shall promptly notify the Architect or Engineer of any ambiguity, inconsistency, or error that they may discover upon examination of the Bidding Documents or the site and local conditions. INSTRUCTIONS TO BIDDERS City of Bozeman – City Hall Masonry Repair 00 0210 / 2 Comma-Q Architecture, Inc. 5.2 Bidders requiring clarification or interpretation of the Bidding Documents shall make written request to the Architect or Engineer, to reach him/her at least seven (7) days prior to bid opening date. 5.3 Any interpretation, correction or change of the Bidding Documents will be made by Addendum. Interpretations, corrections, or changes of the Bidding Documents made in any other manner will not be binding. 5.4 Addenda will be mailed, delivered or faxed to all who have been issued complete sets of Bidding Documents by the Architect or Engineer. 5.5 Each Bidder shall ascertain prior to submitting his or her Bid that they have received all Addenda. The Bidder shall acknowledge this receipt on the Bid Proposal Form. 6 SUBSTITUTIONS 6.1 The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. 6.2 No substitution will be considered prior to receipt of the Bids unless written request for approval has been received by the Architect no later than 2:00pm local time, ten (10) days prior to bid. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data, and any other information necessary for an evaluation. The burden of proof of the merit of the proposed substitution is upon the Bidder. The Architect or Engineer’s decision of approval or disapproval of a proposed substitution shall be final. 6.3 If the Architect or Engineer approves any proposed substitution prior to receipt of the Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals in any other manner. 6.4 No substitutions will be considered after Contract award unless specifically provided in the Contract Documents. 7 BID FORM 7.1 Bids shall be submitted on the BID PROPOSAL FORM provided in the bid documents without additions not called for or unauthorized conditional or supplementary bids. a All blank spaces provided on the proposal form shall be filled in. Sums shall be stated in both words and figures and in case of a discrepancy between the two the amount written in words shall govern. b Any interlineations, alteration or erasures must be initialed by the signer of the Bid. c The completed forms shall contain no recapitulation of the work to be done d Each Bidder shall include the legal name of the Bidder and each copy shall be signed by a person or persons legally authorized to bind the Bidder to a Contract. A Bid by a corporation shall further give the State of Incorporation and have the Corporate Seal affixed. A Bid submitted by an agent shall have a current Power of Attorney attached, certifying the agent’s authority to bind the Bidder. e Each Bidder shall review the Non Discrimination Affirmation Form on the Bid Proposal Form. Bidders shall affirm that they 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 bidder’s employees and to all subcontracts it enters into in performance of the agreement with the City of Bozeman. 8 SUBMISSION OF BIDS 8.1 No telephonic oral proposals or modifications will be considered 8.2 Any Bidder may modify their Bid by telegraphic communication at any time prior to the scheduled closing time for the receipt of Bids. The telegraphic communication should not reveal the Bid price, but should only provide the addition or subtraction from the original proposal. Telegraphic proposal modifications must be verified by a signed, written document, submitted via US Mail bearing a postmark earlier than the bidding hour. City of Bozeman – City Hall Masonry Repair INSTRUCTIONS TO BIDDERS Comma-Q Architecture, Inc. 00 0210 / 3 8.3 Bids shall be sealed in an opaque envelope - Address envelope as follows: TO: City Clerk City of Bozeman 121 N. Rouse Ave. / P.O. Box 1230 Bozeman, MT 59715 /59771 In the bottom left corner of the address side of the envelope provide the following information: PROJECT: Bozeman City Hall Masonry Repair FROM: (Contractor) ________________________________ MT STATE CONTRACTOR REGISTRATION #: ________________________________ ACKNOWLEDGE RECIEPT OF ADDENDUM NO(S): ________________________________ 9 WITHDRAWAL OF BIDS 9.1 Any Bidder may withdraw their Bid at any time prior to the scheduled closing time for receipt of Bids, but 9.2 No Bids shall be withdrawn for a period of thirty (30) calendar days after scheduled closing time for receipt of Bids. 10 CONSIDERATION OF BIDS 10.1 Properly identified Bids received by the stated hour will be publicly opened and read aloud 10.2 The Owner shall have the right to reject any and all Bids or by other data required by the Bidding Documents, or to reject a Bid that is in any way incomplete or irregular. 10.3 It is the intent of the Owner to award a Contract to the most-qualified and lowest-responsible Bidder. The Bid must be submitted in accordance with the requirements of the Bidding Documents. The Owner shall have the right to waive any informality or irregularity in any Bid or Bids received and to accept the Bid or Bids that, in his/her judgment is in the Owner’s best interests. 10.4 The Owner may require evidence of the responsibility from the Bidder prior to award of Contract, and the Bidder shall furnish information and data as requested for this purpose. 10.5 All bids shall include labor, material, equipment, permits, fees, and all miscellaneous items required for a complete installation of the entire bid package. No exclusions or qualifications will be considered. 11 PRECONSTRUCTION CONFERENCE 11.1 Upon award of Contract, a preconstruction conference will be held with the Architect, and the Owner’s representative. The Bidder and/or his superintendent on the job shall be present and will be notified of the time and place. 12 INSPECTION AND MEASUREMENT a To make arrangements for a site inspection, please call: James Goehrung, 582-3232. 13 ASBESTOS 13.1 All materials, products, or equipment used for the construction of this work shall be totally free of asbestos. The Contractor shall certify, in writing, at completion of the work that all materials, products and equipment installed do not contain asbestos. It will be the Contractor’s responsibility to ascertain from manufacturers, suppliers, and subcontractors that all materials, products and equipment are asbestos free. END OF INSTRUCTIONS TO BIDDERS City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc. THIS PAGE LEFT INTENTIONALLY BLANK City of Bozeman – City Hall Masonry Repair BID PROPOSAL FORM Comma-Q Architecture, Inc. 00 0300 / 1 BID PROPOSAL FORM BOZEMAN CITY HALL MASONRY REPAIR 121 N. ROUSE AVE CITY OF BOZEMAN BOZEMAN, MONTANA Submitted By: Date: To: City of Bozeman Phone No. (406) 582-2320 121 N. Rouse Ave / P.O. Box 1230 Fax No. (406) 582-2323 Bozeman, MT 59771 We, the undersigned Bidder, having carefully read the Documents for the proposed contract, including the general conditions, Supplemental Conditions, Specifications in the Project Manual, and Bidding Drawings and having carefully ascertained the conditions under which the Work is to be performed, hereby bid and offer to enter into a Contract to perform the Work as described in accordance with the Documents, Complete and ready for use by the time specified, Sept. 20, 2013, for the price of: Base Bid: (Including 1% Gross Receipts Tax) ________________________________________________ Dollars. $ ________________ Added Cost to Provide 100% Performance and Payment Bond for the Bids %________________ Subject to such additions and deductions as may be properly made under the terms of the Contract. Prices are firm and are not subject to escalation for the entire duration of the project. PERIOD OF ACCEPTANCE: The Bidder agrees that this bid shall remain open for acceptance and the price shall remain firm and unchanged and notwithstanding any error in the Bid at the amount stated for a period of thirty (30) days from the date of closing of this Bid. CONTRACT: The Bidder agrees that this Bid is subject to a Contract being prepared and executed with the Owner. The Bidder agrees to execute the Contract within 14 days of notification of the acceptance of his bid and to provide Certificates of Insurance including Worker’s Compensation Insurance. The Bidder shall furnish 100% Performance and Payment Bonds. Cost of said bonds is listed as a percentage to the bids above. BID PROPOSAL FORM City of Bozeman – City Hall Masonry Repair 00 0300 / 2 Comma-Q Architecture, Inc. ADDENDAS: The Contractor acknowledges receipt of the following: Addendum No.: Date: Addendum No.: Date: Addendum No.: Date: Addendum No.: Date: NON-DISCRIMINATION AFFIRMATION FORM: Bidder is required to sign. _________________________ [name 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 SUBMITTED BY: Company: ____________________________________________ Address: ____________________________________________ ____________________________________________ Phone No. _____________________ Fax No. _______________ Email ____________________________________________ Bidder: ____________________________________________ Signature ____________________________________________ Dated: ____________________________________________ And, certifies that he/she is duly and regularly licensed contractor holding Montana Public Contractor’s License END OF BID FORM AIA® Document A310TM – 2010 Bid Bond AIA Document A310™ – 2010. Copyright © 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:02:25 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1818587189) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status and principal place of business) « »« » « » « »« » « » OWNER: (Name, legal status and address) «&LW\RIBozeman »« » «15RXVH$YH Bozeman, MT 597» BOND AMOUNT: $ « » PROJECT: (Name, location or address, and Project number, if any) «&LW\RI%R]HPDQ&LW\+DOO0DVRQU\5HSDLU» «Bozeman &LW\+DOO15RXVH$venue Bozeman, MT 59715» « » The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety’s consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor’s bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so City of Bozeman - City Hall Masonry Repair Example Bid Bond Form 00 1000 - 1 AIA Document A310™ – 2010. Copyright © 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:02:25 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1818587189) 2 furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this « » day of « » , « » « » (Contractor as Principal) (Seal) « » (Witness) (Title) « » (Surety) (Seal) « » (Witness) (Title) City of Bozeman - City Hall Masonry Repair Example Bid Bond Form 00 1000 - 2 AIA ® Document A312TM – 2010 Payment Bond AIA Document A312™ – 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:03:18 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1415999336) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status and principal place of business) « »« » « » « »« » « » OWNER: (Name, legal status and address) «City of Bozeman »« » «121 N. Rouse Ave. Bozeman, MT 59715» CONSTRUCTION CONTRACT Date: « » Amount: $ « » Description: (Name and location) «Bozeman City Hall Masonry Repair» «Bozeman City Hall, 121 N. Rouse Ave. Bozeman, MT 59715» BOND Date: (Not earlier than Construction Contract Date) « » Amount: $ « » Modifications to this Bond: « » None « » See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: « »« » Name and Title: « »« » (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY — Name, address and telephone) AGENT or BROKER: OWNER’S REPRESENTATIVE: (Architect, Engineer or other party:) « » « » « » «James Goehrung» «City of Bozeman » « 121 N. Rouse Ave. » « Bozeman, MT 59715 » « (406) 582-3232 » «Email Address: james_g@bozeman.net» City of Bozeman - City Hall Masonry Repair EXAMPLE PAYMENT BOND FORM 00 1010 / 1 AIA Document A312™ – 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:03:18 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1415999336) 2 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety’s expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety’s obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety’s failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work. City of Bozeman - City Hall Masonry Repair EXAMPLE PAYMENT BOND FORM 00 1010 / 2 AIA Document A312™ – 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:03:18 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1415999336) 3 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, 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 Construction 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. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. 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 Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the 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. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. City of Bozeman - City Hall Masonry Repair EXAMPLE PAYMENT BOND FORM 00 1010 / 3 AIA Document A312™ – 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:03:18 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1415999336) 4 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: « » (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: « »« » Name and Title: « »« » Address: « » Address: « » City of Bozeman - City Hall Masonry Repair EXAMPLE PAYMENT BOND FORM 00 1010 / 4 AIA ® Document A312TM – 2010 Performance Bond AIA Document A312™ – 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:04:57 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1750677314) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status and principal place of business) « »« » « » « »« » « » OWNER: (Name, legal status and address) «City of Bozeman»« » «121 N. Rouse Ave.Bozeman, MT 59715» CONSTRUCTION CONTRACT Date: « » Amount: $ « » Description: (Name and location) «Bozeman City Hall Masonry Repair» «City of Bozeman 121 N. Rouse Avenue Bozeman, MT 59715» BOND Date: (Not earlier than Construction Contract Date) « » Amount: $ « » Modifications to this Bond: « » None « » See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: « »« » Name and Title: « »« » (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY — Name, address and telephone) AGENT or BROKER: OWNER’S REPRESENTATIVE: (Architect, Engineer or other party:) « » « » « » «James Goehrung» «City of Bozeman 121 N. Rouse Ave. Bozeman, MT 59771» «(406) 582-3232» « » « » «Email Address: james_g@bozeman.net» City of Bozeman - City Hall Masonry Repair EXAMPLE PERFORMANCE BOND FORM 00 1020 / 1 AIA Document A312™ – 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:04:57 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1750677314) 2 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety’s expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. City of Bozeman - City Hall Masonry Repair EXAMPLE PERFORMANCE BOND FORM 00 1020 / 2 AIA Document A312™ – 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:04:57 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1750677314) 3 § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety’s liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 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 the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 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 a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the 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. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. City of Bozeman - City Hall Masonry Repair EXAMPLE PERFORMANCE BOND FORM 00 1020 / 3 AIA Document A312™ – 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:04:57 on 05/31/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1750677314) 4 § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: « » (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: « »« » Name and Title: « »« » Address: « » Address: « » City of Bozeman - City Hall Masonry Repair EXAMPLE PERFORMANCE BOND FORM 00 1020 / 4 City of Bozeman – City Hall Masonry Repair PRODUCT SUBSTITUTION REQUEST FORM Comma-Q Architecture, Inc. 00 2000 / 1 PRODUCT SUBSTITUTION REQUEST FORM The Bidder should submit this form to the Architect no less than ten (10) days prior to bid opening. The Base Bid and Alternate Bids include only those products specified in the bidding documents. Bidder understands that acceptance of any proposed substitution is at Architect's option. Approval or rejection of any substitutions listed below will be indicated within three (3) business days of receipt. Specified Item: Section _______________________________ Paragraph _____________________________ Item __________________________________ Product _______________________________ Manufacturer ___________________________ Substitution: Item __________________________________ Product _______________________________ Manufacturer ___________________________ Difference Between Specified Item and Substitution? ________________________________ __________________________________________________________________________ Does the Substitution affect dimensions shown on Drawings? ________________________ What effect does substitution have on other trades? ________________________________ Manufacturer’s guarantees of the proposed and the specified items are: The Same ___________ Different ______________ (explain on attachment) Bidder’s Name & Co: Signature: Date Trade:_____________________________________________________________________ EVALUATION: Accepted ____________ Accepted as Noted _______________ Rejected _____________ By: ___________________________________________________Date _______________ Remarks: _________________________________________________________________ City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc. THIS PAGE LEFT INTENTIONALLY BLANK MONTANA PREVAILING WAGE RATES FOR BUILDING CONSTRUCTION SERVICES 2013 Effective: February 1, 2013 Steve Bullock, Governor State of Montana Pam Bucy, Commissioner Department of Labor and Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ERD at www.mtwagehourbopa.com or contact them at: Employment Relations Division Montana Department of Labor and Industry P. O. Box 201503 Helena, MT 59620-1503 Phone 406-444-5600 TDD 406-444-5549 The Labor Standards Bureau welcomes questions, comments and suggestions from the public. In addition, we’ll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of 18-2-401, et seq., MCA. It is required that each employer pay (as a minimum) the rate of wages, including fringe benefits, travel allowance, and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549. In addition, this publication provides general information concerning compliance with Montana’s Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549. PAM BUCY Commissioner Department of Labor and Industry State of Montana City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 1 2 TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: WAGE RATES: A. Date of Publication ………………………………………………………………………………………………………………. 3 B. Definition of Building Construction ……………………………………………………………………………………….......... 3 C. Definition of Public Works Contract ………………………………………………………………………………………….... 3 D. Prevailing Wage Schedule ……………………………………………………………………………………………………… 3 E. Rates to use for Projects ………………………………………………………………………………………………………… 3 F. Wage Rate Adjustments for Multiyear Contracts ……………………………………………………………………………… 3 G. Fringe Benefits ……………………………………………………………………………………………………………………. 4 H. Per Diem ………………………………………………………………………………………………………………………….. 4 I. Prevailing Wage Districts ………………………………………………………………………………………………………… 4 J. Computing Travel Benefits ……………………………………………………………………………………………………… 5 K. Apprentices ……………………………………………………………………………………………………………………….. 5 L. Posting Notice of Prevailing Wages ……………………………………………………………………………………………. 5 M. Employment Preference ……………………………………………………………………………………………………....... 5 N. Building Construction Occupations Website …………………………………………………………………………………… 5 O. Welders’ Rates ……………………………………………………………………………………………………………………. 5 P. Foreman’s Rates …………………………………………………………………………………………………………………. 5 BOILERMAKERS ……………………………………………………………………………………………………………………….. 6 BRICK, BLOCK, AND STONE MASONS ………………………………………………………………………………………........ 6 CARPENTERS ………………………………………………………………………………………………………………………….. 6 CEMENT MASONS …………………………………………………………………………………………………………………….. 7 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 2 …………………………………………………………………………………………………………..... 7 OPERATORS GROUP 3 ……………………………………………………………………………………………………………. 8 OPERATORS GROUP 4 ……………………………………………………………………………………………………………. 8 OPERATORS GROUP 5 ……………………………………………………………………………………………………………. 8 OPERATORS GROUP 6 ……………………………………………………………………………………………………………. 9 OPERATORS GROUP 7 ……………………………………………………………………………………………………………. 9 CONSTRUCTION LABORERS LABORERS GROUP 1 ……………………………………………………………………………………………………………. 9 LABORERS GROUP 2 ……………………………………………………………………………………………………………. 10 LABORERS GROUP 3 ……………………………………………………………………………………………………………. 11 LABORERS GROUP 4 ……………………………………………………………………………………………………………. 12 DRYWALL APPLICATORS ……………………………………………………………………………………………………………. 12 ELECTRICIANS: INCLUDING BUILDING AUTOMATION CONTROL …………………………………………………………… 13 ELEVATOR CONSTRUCTORS ……………………………………………………………………………………………………….. 13 FLOOR LAYERS ……………………………………………………………………………………………………………………….. 14 GLAZIERS ……………………………………………………………………………………………………………………………….. 14 HEATING AND AIR CONDITIONING ………………………………………………………………………………………………… 14 INSULATION WORKERS-MECHANICAL (HEAT AND FROST) ………………………………………………………………... 15 IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS ………………………………………………………………. 15 MILLWRIGHTS ………………………………………………………………………………………………………………………….. 15 PAINTERS: INCLUDING PAPERHANGER ………………………………………………………………………………………… 16 PILE BUCKS …………………………………………………………………………………………………………………………….. 16 PLASTERERS ………………………………………………………………………………………………………………………….. 16 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS ……………………………………………………………………………….. 17 ROOFERS ……………………………………………………………………………………………………………………………….. 17 SHEET METAL WORKERS …………………………………………………………………………………………………………… 18 SPRINKLER FITTERS …………………………………………………………………………………………………………………. 18 TAPERS …………………………………………………………………………………………………………………………………. 18 TEAMSTERS GROUP 2 ………………………………………………………………………………………………………………. 19 TELECOMMUNICATIONS EQUIPMENT INSTALLERS …………………………………………………………………………… 19 TILE AND MARBLE SETTERS ……………………………………………………………………………………………………….. 19 City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 2 3 A. Date of Publication February 1, 2013 B. Definition of Building Construction For the purposes of Prevailing Wage, the Commissioner of Labor and Industry has determined that building construction occupations are defined to be those performed by a person engaged in a recognized trade or craft, or any skilled, semi- skilled, or unskilled manual labor related to the construction, alteration, or repair of a public building or facility, and does not include engineering, superintendence, management, office or clerical work. The Administrative Rules of Montana (ARM) 24.17.501(2) – 2(a), Public Works Contracts for Construction Services Subject to Prevailing Wage Rates, states: “Building construction projects generally are the constructions of sheltered enclosures with walk-in access for housing persons, machinery, equipment, or supplies. It includes all construction of such structures, incidental installation of utilities and equipment, both above and below grade level, as well as incidental grading, utilities and paving. Examples of building construction include, but are not limited to, alterations and additions to buildings, apartment buildings (5 stories and above), arenas (closed), auditoriums, automobile parking garages, banks and financial buildings, barracks, churches, city halls, civic centers, commercial buildings, court houses, detention facilities, dormitories, farm buildings, fire stations, hospitals, hotels, industrial buildings, institutional buildings, libraries, mausoleums, motels, museums, nursing and convalescent facilities, office buildings, out-patient clinics, passenger and freight terminal buildings, police stations, post offices, power plants, prefabricated buildings, remodeling buildings, renovating buildings, repairing buildings, restaurants, schools, service stations, shopping centers, stores, subway stations, theaters, warehouses, water and sewage treatment plants (buildings only), etc.” C. Definition of Public Works Contract Montana Code Annotated 18-2-401(11)(a), defines “public works contract” as “a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of $25,000…” D. Prevailing Wage Schedule This publication covers only Building Construction occupations and rates. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Heavy 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. F. Wage Rate Adjustments for Multiyear Contracts Section 18-2-417, MCA states: “(1) Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3% increase. The adjustment must be made and applied every 12 months for the term of the contract. (3) Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency.” City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 3 4 G. Fringe Benefits Section 18-2-412, MCA states: “(1) To fulfill the obligation...a contractor or subcontractor may: (a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor.” Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. H. Per Diem Per Diem typically covers the costs associated with board and lodging expenses and are paid when an employee is required to work at a location outside the daily commuting distance and is required to stay overnight or longer. I. Prevailing Wage Districts Montana counties are aggregated into 10 districts for the purpose of prevailing wage. The prevailing wage districts are composed of the following counties: City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 4 5 J. Computing Travel Benefits Travel pay, for the purposes of public works projects, shall be determined by measuring the road miles (one way) over the shortest practical maintained route from the county courthouse of the designated city for each district or the employee's home, whichever is closer, to the center of the job. Each city shall be considered the point of origin only for jobs within the counties identified in that district (as shown below): District 1 - Kalispell: includes Flathead, Lake, Lincoln, and Sanders Counties District 2 - Missoula: includes Mineral, Missoula, and Ravalli Counties District 3 - Butte: includes Beaverhead, Deer Lodge, Granite, Madison, Powell, and Silver Bow Counties District 4 - Great Falls: includes Blaine, Cascade, Chouteau, Glacier, Hill, Liberty, Pondera, Teton, and Toole Counties District 5 - Helena: includes Broadwater, Jefferson, Lewis and Clark, and Meagher Counties District 6 - Bozeman: includes Gallatin, Park, and Sweet Grass Counties District 7 - Lewistown: includes Fergus, Golden Valley, Judith Basin, Musselshell, Petroleum, and Wheatland Counties District 8 - Billings: includes Big Horn, Carbon, Rosebud, Stillwater, Treasure, and Yellowstone Counties District 9 - Glasgow: includes Daniels, Garfield, McCone, Phillips, Richland, Roosevelt, Sheridan, and Valley Counties District 10 - Miles City: includes Carter, Custer, Dawson, Fallon, Prairie, Powder River, and Wibaux Counties When travel pay is applicable and is shown as an additional amount added to base pay, it applies for hours worked on the project, not time spent traveling. K. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, section 18-2-416(2), MCA states, “…The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract.” Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate prevailing wage rate when working on a public works contract. L. Posting Notice of Prevailing Wages Section 18-2-406, MCA provides that contractors, subcontractors and employers who are “performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees.” M. Employment Preference Sections 18-2-403 and 18-2-409, MCA requires contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. N. Building Construction Occupations Website You can find definitions for these occupations on the following Bureau of Labor Statistics website: http://www.bls.gov/oes/current/oes_stru.htm O. Welders’ Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. P. Foreman’s Rates Rates are no longer set for foremen. However, if a foreman performs journey level work, the foreman must be paid at least the journey level rate. City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 5 6 BOILERMAKERS Wage Benefit District 1 $30.00 $25.61 District 2 $30.00 $25.61 District 3 $30.00 $25.61 District 4 $30.00 $25.61 District 5 $30.00 $25.61 District 6 $30.00 $25.61 District 7 $30.00 $25.61 District 8 $30.00 $25.61 District 9 $30.00 $25.61 District 10 $30.00 $25.61 Travel: All Districts 0-120 mi. free zone >120 mi. federal mileage rate/mi. Per Diem: All Districts 0-70 mi. free zone >70-120 mi. $55.00/day >120 mi. $70.00/day BRICK, BLOCK, AND STONE MASONS Wage Benefit District 1 $26.06 $11.21 District 2 $26.06 $11.21 District 3 $26.06 $11.21 District 4 $25.16 $11.21 District 5 $25.16 $11.21 District 6 $25.16 $11.21 District 7 $25.16 $11.21 District 8 $25.16 $11.15 District 9 $25.16 $11.21 District 10 $25.16 $11.21 Travel: All Districts 0-45 mi. free zone >45-60 mi. $25.00/day >60-90 mi. $55.00/day >90 mi. $65.00/day CARPENTERS Wage Benefit District 1 $20.74 $10.82 District 2 $20.90 $10.47 District 3 $22.50 $10.23 District 4 $20.74 $10.82 District 5 $20.74 $10.82 District 6 $20.74 $10.82 District 7 $20.74 $10.82 District 8 $20.74 $10.82 District 9 $20.74 $10.82 District 10 $20.74 $10.82 Travel: Districts 1 & 4-10 0-30 mi. free zone >30-50 mi. base pay + $3.70/hr. >50 mi. base pay + $5.60/hr. District 2 0-30 mi. free zone >30-50 mi. $20.00/day >50 mi. $30.00/day District 3 0-30 mi. free zone >30-50 mi. $18.00/day >50 mi. $25.00/day Duties Include: Install roll and batt insulation. City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 6 7 CEMENT MASONS Wage Benefit District 1 $18.77 $8.16 District 2 $18.77 $8.16 District 3 $20.79 $8.31 District 4 $18.77 $1.53 District 5 $18.77 $8.16 District 6 $18.77 $8.16 District 7 $18.77 $8.16 District 8 $18.77 $8.16 District 9 $18.77 $8.16 District 10 $18.77 $8.16 Travel: Districts 1 & 2 0-30 mi. free zone >30-60 mi. base pay + $1.05/hr. >60 mi. base pay + $1.50/hr. Districts 3-10 0-30 mi. free zone >30-60 mi. base pay + $2.95/hr. >60 mi. base pay + $4.75/hr. Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit District 1 $23.94 $10.40 District 2 $22.91 $ 9.67 District 3 $23.94 $10.40 District 4 $23.94 $10.40 District 5 $20.65 $ 7.47 District 6 $23.94 $10.40 District 7 $23.94 $10.40 District 8 $23.94 $10.40 District 9 $23.94 $10.40 District 10 $23.94 $10.40 Travel: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. This group includes but is not limited to: Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu.yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu.yd up to and inc. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumpcrete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot (Self-Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine; Washing /Screening Plant. City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 7 8 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit District 1 $24.34 $10.40 District 2 $24.34 $10.40 District 3 $24.34 $10.40 District 4 $24.34 $10.40 District 5 $24.34 $10.40 District 6 $24.34 $10.40 District 7 $24.34 $10.40 District 8 $24.34 $10.40 District 9 $24.34 $10.40 District 10 $24.34 $10.40 Travel: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. This group includes but is not limited to: Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt (Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat. CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit District 1 $25.00 $10.40 District 2 $25.00 $10.40 District 3 $25.00 $10.40 District 4 $25.00 $10.40 District 5 $25.00 $10.40 District 6 $25.00 $10.40 District 7 $25.00 $10.40 District 8 $25.00 $10.40 District 9 $25.00 $10.40 District 10 $25.00 $10.40 Travel: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit District 1 $25.50 $10.40 District 2 $25.50 $10.40 District 3 $25.50 $10.40 District 4 $25.50 $10.40 District 5 $25.50 $10.40 District 6 $25.50 $10.40 District 7 $25.50 $10.40 District 8 $25.50 $10.40 District 9 $25.50 $10.40 District 10 $25.50 $10.40 Travel: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. This group includes but is not limited to: Cranes, 45 tons to and incl.74 tons. City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 8 9 CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit District 1 $26.60 $10.40 District 2 $26.60 $10.40 District 3 $26.60 $10.40 District 4 $26.60 $10.40 District 5 $26.60 $10.40 District 6 $26.60 $10.40 District 7 $26.60 $10.40 District 8 $26.60 $10.40 District 9 $26.60 $10.40 District 10 $26.60 $10.40 Travel: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. This group includes but is not limited to: Cranes, 75 tons to and incl.149 tons; Cranes, Whirley (All). CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit District 1 $27.10 $10.40 District 2 $27.10 $10.40 District 3 $27.10 $10.40 District 4 $27.10 $10.40 District 5 $27.10 $10.40 District 6 $27.10 $10.40 District 7 $27.10 $10.40 District 8 $27.10 $10.40 District 9 $27.10 $10.40 District 10 $27.10 $10.40 Travel: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. This group includes but is not limited to: Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add $1.00 for every 100 tons over 250 tons; Crane, Tower (All); Crane Stiff-Leg or Derrick; Helicopter Hoist. CONSTRUCTION LABORERS GROUP 1 Wage Benefit District 1 $15.22 $7.55 District 2 $18.88 $7.32 District 3 $15.22 $7.55 District 4 $13.62 $6.87 District 5 $15.22 $7.55 District 6 $15.22 $7.55 District 7 $15.22 $7.55 District 8 $14.70 $6.98 District 9 $16.30 $6.87 District 10 $16.30 $6.87 Travel: District 1 0-15 mi. free zone >15-30 mi. base pay + $0.93/hr. >30-50 mi. base pay + $1.31/hr. >50 mi. base pay + $2.09/hr. District 2 0-30 mi. free zone >30-60 mi. base pay + $1.50/hr. >60 mi. base pay + $2.00/hr. District 3 0-15 mi. free zone >15-30 mi. base pay + $0.75/hr. >30-50 mi. base pay + $1.50/hr. >50 mi. base pay + $2.25/hr. Districts 5, 6, 7 0-15 mi. free zone >15-30 mi. base pay + $0.93/hr. >30-50 mi. base pay + $1.31/hr. >50 mi. base pay + $2.09/hr. Districts 4, 8, 9, 10 0-15 mi. free zone >15-30 mi. base pay + $0.65/hr. >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 9 10 CONSTRUCTION LABORERS GROUP 2 Wage Benefit District 1 $16.54 $5.12 District 2 $18.20 $5.91 District 3 $17.45 $6.73 District 4 $16.49 $4.88 District 5 $16.19 $6.33 District 6 $16.58 $6.09 District 7 $17.72 $7.55 District 8 $16.07 $4.79 District 9 $14.46 $6.87 District 10 $17.25 $6.87 Travel: District 1 0-15 mi. free zone >15-30 mi. base pay + $0.93/hr. >30-50 mi. base pay + $1.31/hr. >50 mi. base pay + $2.09/hr. District 2 0-30 mi. free zone >30-60 mi. base pay + $1.50/hr. >60 mi. base pay + $2.00/hr. District 3 0-15 mi. free zone >15-30 mi. base pay + $0.75/hr. >30-50 mi. base pay + $1.50/hr. >50 mi. base pay + $2.25/hr. Districts 5, 6, 7 0-15 mi. free zone >15-30 mi. base pay + $0.93/hr. >30-50 mi. base pay + $1.31/hr. >50 mi. base pay + $2.09/hr. Districts 4, 9, 10 0-15 mi. free zone >15-30 mi. base pay + $0.65/hr. >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. District 8 0-20 mi. free zone >20-35 mi. $17.00/day >35-55 mi. $22.00/day >55 mi. $50.00/day This group includes but is not limited to: General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 10 11 CONSTRUCTION LABORERS GROUP 3 Wage Benefit District 1 $17.71 $7.55 District 2 $19.28 $7.32 District 3 $17.41 $6.85 District 4 $17.30 $6.87 District 5 $18.14 $7.55 District 6 $18.14 $7.55 District 7 $18.14 $7.55 District 8 $17.30 $6.87 District 9 $17.30 $6.87 District 10 $17.30 $6.87 Travel: District 1 0-15 mi. free zone >15-30 mi. base pay + $0.93/hr. >30-50 mi. base pay + $1.31/hr. >50 mi. base pay + $2.09/hr. District 2 0-30 mi. free zone >30-60 mi. base pay + $1.50/hr. >60 mi. base pay + $2.00/hr. District 3 0-15 mi. free zone >15-30 mi. base pay + $0.75/hr. >30-50 mi. base pay + $1.50/hr. >50 mi. base pay + $2.25/hr. Districts 5, 6, 7 0-15 mi. free zone >15-30 mi. base pay + $0.93/hr. >30-50 mi. base pay + $1.31/hr. >50 mi. base pay + $2.09/hr. Districts 4, 8, 9, 10 0-15 mi. free zone >15-30 mi. base pay + $0.65/hr. >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. This group includes but is not limited to: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker) Non- Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 11 12 CONSTRUCTION LABORERS GROUP 4 Wage Benefit District 1 $18.04 $6.91 District 2 $17.80 $6.47 District 3 $18.86 $7.02 District 4 $17.87 $6.70 District 5 $18.86 $7.55 District 6 $17.80 $6.47 District 7 $18.26 $7.55 District 8 $17.07 $7.17 District 9 $17.35 $6.87 District 10 $17.35 $6.87 Travel: District 1 0-15 mi. free zone >15-30 mi. base pay + $0.93/hr. >30-50 mi. base pay + $1.31/hr. >50 mi. base pay + $2.09/hr. District 2 0-30 mi. free zone >30-60 mi. base pay + $1.50/hr. >60 mi. base pay + $2.00/hr. District 3 0-15 mi. free zone >15-30 mi. base pay + $0.75/hr. >30-50 mi. base pay + $1.50/hr. >50 mi. base pay + $2.25/hr. Districts 4, 9, 10 0-15 mi. free zone >15-30 mi. base pay + $0.65/hr. >30-50 mi. base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. District 8 0-20 mi. free zone >20-35 mi. $17.00/day >35-55 mi. $22.00/day >50 mi. $50.00/day This group includes but is not limited to: Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete) Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder including Air Arc. Note: ***Hod Carriers will receive the same amount of travel and/or subsistence pay as bricklayers when requested to travel. DRYWALL APPLICATORS Wage Benefit District 1 $16.93 $10.82 District 2 $20.90 $10.47 District 3 $17.48 $ 8.20 District 4 $20.74 $10.82 District 5 $20.74 $10.82 District 6 $20.74 $10.82 District 7 $20.74 $10.82 District 8 $20.74 $10.82 District 9 $20.74 $10.82 District 10 $20.74 $10.82 Travel: Districts 1 & 4-10 0-30 mi. free zone >30-50 mi. base pay + $3.70/hr. >50 mi. base pay + $5.60/hr. District 2 0-30 mi. free zone >30-50 mi. $20.00/day >50 mi. $30.00/day District 3 0-30 mi. free zone >30-50 mi. $18.00/day >50 mi. $25.00/day Duties Include: Drywall and ceiling tile installation. City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 12 13 ELECTRICIANS: INCLUDING BUILDING AUTOMATION CONTROL Wage Benefit District 1 $26.67 $11.31 District 2 $26.67 $11.31 District 3 $26.80 $13.08 District 4 $28.26 $11.47 District 5 $28.26 $11.47 District 6 $27.26 $11.16 District 7 $28.26 $11.47 District 8 $29.68 $12.07 District 9 $29.68 $12.07 District 10 $29.68 $12.07 Travel: Districts 1 & 2 0-10 mi. free zone >10-45 mi. $0.59/mi >45 mi. $65/day District 3 0-10 mi. free zone >10-55 mi. the federal mileage rate/mi. when traveling one way, two times the federal mileage rate/mi. when traveling to and from the job. >55 mi $60.00/day + the federal mileage rate/mi. when traveling one way, two times the federal mileage rate/mi. when traveling to and from the job. (Big Sky $75.00/day + the federal mileage rate/mi. when traveling one way, two times the federal mileage rate/mi. when traveling to and from the job. Districts 4, 5, 7 0-8 mi. free zone >8-50 mi. the federal mileage rate/mi. when traveling one way, two times the federal mileage rate/mi. when traveling to and from the job. >50 mi. $60.00/day District 6 0-18 mi. free zone >18-60 mi. the federal mileage rate/mi. when traveling one way, two times the federal mileage rate/mi. when traveling to and from the job. >60 mi. $65.00/day (Big Sky $75.00/day + the federal mileage rate/mi. when traveling one way, two times the federal mileage rate/mi. when traveling to and from the job. Districts 8, 9, 10 0-18 mi. free zone >18-60 mi. the federal mileage rate/mi. when traveling one way, two times the federal mileage rate/mi. when traveling to and from the job. >60 mi. $75.00/day Duties Include: Electrical wiring; equipment and fixtures; street lights; electrical control systems. Installation and/or adjusting of building automation controls also during testing and balancing, commissioning and retro-commissioning. ELEVATOR CONSTRUCTORS Wage Benefit District 1 $46.54 $28.74 District 2 $46.54 $28.74 District 3 $46.54 $28.74 District 4 $46.54 $28.74 District 5 $46.54 $28.74 District 6 $46.54 $28.74 District 7 $46.54 $28.74 District 8 $46.54 $28.74 District 9 $46.54 $28.74 District 10 $46.54 $28.74 Travel: All Districts 0-15 mi. free zone >15-25 mi. $37.27/day >25-35 mi. $74.54/day >35 mi. $72.55/day or cost of receipts for hotel and meals, whichever is greater. City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 13 14 FLOOR LAYERS Wage Benefit District 1 $15.86 $ 2.00 District 2 $15.86 $ 2.00 District 3 $15.86 $ 2.00 District 4 $15.86 $ 2.00 District 5 $15.86 $ 2.00 District 6 $15.58 $ 2.00 District 7 $15.96 $ 2.00 District 8 $15.62 $ 2.00 District 9 $16.04 $ 2.00 District 10 $15.62 $ 2.00 Travel: All Districts 0-30 mi. free zone >30 mi. $1.50/mi. one way Per Diem: All Districts $100.00/day GLAZIERS Wage Benefit District 1 $17.03 $ 1.00 District 2 $19.06 $ 4.35 District 3 $17.30 $ 1.96 District 4 $16.85 $ 1.00 District 5 $14.75 $ 1.00 District 6 $22.79 $ 1.31 District 7 $16.57 $ 1.17 District 8 $17.96 $ 1.31 District 9 $17.40 $ 1.96 District 10 $17.40 $ 1.96 Travel: All Districts 0-50 mi. free zone >50 mi. $0.20/mi. Per Diem: All Districts $32.00/day HEATING AND AIR CONDITIONING Wage Benefit Wage Benefit District 1 $22.52 $11.34 District 2 $27.04 $13.23 District 3 $27.04 $13.23 District 4 $24.22 $ 9.73 District 5 $27.04 $13.23 District 6 $27.04 $13.23 District 7 $27.04 $13.23 District 8 $27.04 $13.23 District 9 $26.24 $13.23 District 10 $18.60 $13.23 Travel: All Districts 0-30 mi. free zone >30 mi. $0.25/mi. in employer vehicle $0.55/mi. in employee vehicle Per Diem: All Districts $55.00/day Duties Include: Testing and balancing, commissioning and retro- commissioning, of all air-handling equipment and duct work. City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 14 15 INSULATION WORKERS-MECHANICAL (HEAT AND FROST) Wage Benefit District 1 $27.18 $15.54 District 2 $27.18 $15.54 District 3 $27.18 $15.54 District 4 $27.18 $15.54 District 5 $27.18 $15.54 District 6 $27.18 $15.54 District 7 $27.18 $15.54 District 8 $26.15 $14.72 District 9 $27.18 $15.54 District 10 $27.18 $15.54 Travel: All Districts 0-30 mi. free zone >30-40 mi. $20.00/day >40-50 mi. $30.00/day >50-60 mi. $40.00/day >60 mi. $45.00/day when traveling back and forth + $0.50/mi. if transportation is not provided. >60 mi. $70.00/day on jobs requiring an overnight stay + $0.50/mi. if transportation is not provided. Duties Include: Insulate pipes, ductwork or other mechanical systems. IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit District 1 $25.34 $19.04 District 2 $25.34 $18.78 District 3 $25.75 $18.83 District 4 $25.75 $18.83 District 5 $25.75 $18.83 District 6 $25.75 $18.83 District 7 $25.75 $18.83 District 8 $25.75 $18.83 District 9 $25.75 $18.83 District 10 $25.75 $18.83 Travel: Districts 1 & 2 0-45 mi. free zone >45-60 mi. $25.00/day >60-100 mi. $50.00/day >100 mi. $75.00/day Districts 3-10 0-45 mi. free zone >45-85 mi. $45.00/day >85 mi. $75.00/day Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. MILLWRIGHTS Wage Benefit District 1 $24.74 $10.85 District 2 $24.74 $10.85 District 3 $24.74 $10.85 District 4 $24.74 $10.85 District 5 $24.74 $10.85 District 6 $24.74 $10.85 District 7 $24.74 $10.85 District 8 $24.74 $10.85 District 9 $24.74 $10.85 District 10 $24.74 $10.85 Travel: All Districts 0-30 mi. free zone >30 mi.-50 mi. base pay + $3.70/hr. >50 mi. base pay + $5.60/hr. City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 15 [16] PAINTERS: INCLUDING PAPERHANGER Wage Benefit District 1 $14.00 $ 5.07 District 2 $18.53 $ 5.07 District 3 $22.15 $ 4.71 District 4 $16.65 $ 4.94 District 5 $24.00 $ 4.65 District 6 $19.33 $ 4.65 District 7 $19.52 $ 4.94 District 8 $20.32 $ 4.94 District 9 $23.28 $ 4.94 District 10 $23.28 $ 4.94 Travel: Districts 1, 2, 3, 5 Travel is paid at regular hourly rate. Districts 4, 6, 7, 8, 9, 10: No travel established. Per Diem: Districts 1, 2, 3, 4, 5 $65.00/day Districts 6 $72.55/day or cost of receipts for hotel and meals, whichever is greater. District 4, 7, 8, 9, 10 Employer pays for costs of receipts for hotel and meals. PILE BUCKS Wage Benefit District 1 $20.99 $10.85 District 2 $20.99 $10.85 District 3 $20.99 $10.85 District 4 $20.99 $10.85 District 5 $20.99 $10.85 District 6 $20.99 $10.85 District 7 $20.99 $10.85 District 8 $20.99 $10.85 District 9 $20.99 $10.85 District 10 $20.99 $10.85 Travel: All Districts 0-30 mi. free zone >30 mi.-50 mi. base pay + $3.70/hr. >50 mi. base pay + $5.60/hr. Duties Include: Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. PLASTERERS Wage Benefit District 1 $18.77 $8.16 District 2 $18.77 $8.16 District 3 $20.79 $8.31 District 4 $18.77 $1.53 District 5 $18.77 $8.16 District 6 $18.77 $8.16 District 7 $18.77 $8.16 District 8 $18.77 $8.16 District 9 $18.77 $8.16 District 10 $18.77 $8.16 Travel: Districts 1 & 2 0-30 mi. free zone >30-60 mi. base pay + $1.05/hr. >60 mi. base pay + $1.50/hr. Districts 3-10 0-30 mi. free zone >30-60 mi. base pay + $2.95/hr. >60 mi. base pay + $4.75/hr. City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 16 [17] PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit District 1 $27.08 $12.96 District 2 $27.08 $12.96 District 3 $27.57 $12.48 District 4 $27.57 $12.48 District 5 $27.57 $12.48 District 6 $27.57 $12.48 District 7 $28.31 $14.51 District 8 $28.31 $14.51 District 9 $28.31 $14.51 District 10 $28.31 $14.51 Travel: Districts 1 & 2 0-30 mi. free zone >30-50 mi. $20.00/day >50-75 mi. $35.00/day >75 mi. $70.00/day If transportation is not provided an additional $0.35/mi. is added to the amounts above. Travel: Districts 3, 4, 5, 6 0-40 mi. free zone >40-80 mi. $30.00/day >80 mi. $60.00/day If employer provides transportation travel, pay will be ½ of the amounts listed above unless the employee stays overnight. If the employee chooses to stay overnight, the employee will receive the full amount of travel listed above even if the employer furnishes transportation. Travel: Districts 7, 8, 9, 10 0-70 mi. free zone >70 mi. $0.55/mi. if transportation is not provided. Per Diem: Districts 7, 8, 9, 10 $75.00/day Duties Include: Assemble, install, alter, and repair pipe-lines or pipe systems that carry water, steam, air, other liquids or gases. Testing of piping systems, commissioning and retro-commissioning. Workers in this occupation may also install heating and cooling equipment and mechanical control systems. ROOFERS Wage Benefit District 1 $21.57 $9.72 District 2 $21.57 $8.72 District 3 $22.00 $8.92 District 4 $19.02 $4.84 District 5 $21.31 $8.92 District 6 $18.23 $6.42 District 7 $18.40 $4.64 District 8 $18.86 $4.06 District 9 $18.90 $2.97 District 10 $18.90 $2.97 Travel: Districts 1 & 2 0-50 mi. free zone >50 mi. $0.30/mi. if transportation is not provided. Per Diem: Districts 1 & 2 $50.00/day Travel: Districts 3, 5, 6 No travel required. Per Diem: Districts 3, 5, 6 Room + $25.00/day. Travel: Districts 4, 7, 8, 9, 10 0-30 mi. free zone >30 mi. $0.25/mi. if transportation is not provided. Per Diem: Districts 4, 7, 8, 9, 10 $35.00/day City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 17 [18] SHEET METAL WORKERS Wage Benefit District 1 $22.52 $11.34 District 2 $27.04 $13.23 District 3 $27.04 $13.23 District 4 $24.22 $ 9.73 District 5 $27.04 $13.23 District 6 $27.04 $13.23 District 7 $27.04 $13.23 District 8 $27.04 $13.23 District 9 $26.24 $13.23 District 10 $18.60 $13.23 Travel: All Districts 0-30 mi. free zone >30 mi. $0.25/mi. in employer vehicle $0.55/mi. in employee vehicle Per Diem: All Districts $55.00/day Duties Include: Testing and balancing, commissioning and retro- commissioning, of all air-handling equipment and duct work. SPRINKLER FITTERS Wage Benefit District 1 $29.50 $17.15 District 2 $29.50 $17.15 District 3 $29.50 $17.15 District 4 $29.50 $17.15 District 5 $29.50 $17.15 District 6 $22.00 $ 1.60 District 7 $29.50 $17.15 District 8 $27.93 $ 8.96 District 9 $29.50 $17.15 District 10 $29.50 $17.15 Travel: All Districts 0-60 mi. free zone >60-80 mi. $15.00/day >80-100 mi. $25.00/day >100 mi. $7.38/every 15 miles traveled + an additional $0.40/mi. if transportation is not provided. TAPERS Wage Benefit District 1 $16.22 $ 5.92 District 2 $16.27 $ 5.92 District 3 $16.27 $ 5.92 District 4 $16.27 $ 5.92 District 5 $16.27 $ 5.92 District 6 $16.27 $ 5.92 District 7 $16.27 $ 5.92 District 8 $16.27 $ 5.92 District 9 $16.27 $ 5.92 District 10 $16.27 $ 5.92 No travel or per diem established. City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 18 [19] TEAMSTERS GROUP 2 Wage Benefit District 1 $21.45 $6.81 District 2 $19.55 $6.81 District 3 $21.45 $6.81 District 4 $21.45 $6.81 District 5 $21.45 $6.81 District 6 $21.45 $6.81 District 7 $21.45 $6.81 District 8 $21.45 $6.81 District 9 $21.45 $6.81 District 10 $21.45 $6.81 Travel: All Districts 0-15 mi. free zone >15-30 mi. base pay + $0.65/hr. >30-50 mi base pay + $0.85/hr. >50 mi. base pay + $1.25/hr. TELECOMMUNICATIONS EQUIPMENT INSTALLERS Wage Benefit District 1 $17.29 $2.81 District 2 $22.16 $7.87 District 3 $22.26 $8.02 District 4 $22.26 $8.02 District 5 $22.26 $8.02 District 6 $22.16 $8.11 District 7 $22.26 $8.02 District 8 $22.16 $8.11 District 9 $22.16 $8.11 District 10 $22.16 $8.11 Travel: All Districts The federal mileage rate/mi. when traveling one way, two times the federal mileage rate/mi. when traveling to and from the job. Per Diem: All Districts Employer pays for meals and lodging up to $65.00/day. Duties Include: Install voice; sound; vision and data systems. This occupation includes burglar alarms, fire alarms, fiber optic systems, and video systems for security or entertainment. TILE AND MARBLE SETTERS Wage Benefit District 1 $25.00 $3.00 District 2 $25.00 $3.00 District 3 $25.00 $3.00 District 4 $25.00 $3.00 District 5 $25.00 $3.00 District 6 $25.00 $3.00 District 7 $25.00 $3.00 District 8 $25.00 $3.00 District 9 $25.00 $3.00 District 10 $25.00 $3.00 Travel: All Districts 0-30 mi. free zone >30 mi. $1.50/mi. one way Per Diem All Districts $100.00/day Duties Include: Apply hard tile, marble, and wood tile to floors, ceilings, and roof decks. City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc.MT PREVAILING WAGE RATES 00 3000 - 19 City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc. THIS PAGE LEFT INTENTIONALLY BLANK City of Bozeman – City Hall Masonry Repair AGREEMENT & GENERAL CONDITIONS Comma-Q Architecture, Inc. 00 6000 / 1 AGREEMENT AND GENERAL CONDITIONS “Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope, AIA Document A107 – 2007 Edition”, which contains the General Conditions of the Contract, relates directly to the Work of this Project and will be used as the form of Agreement between Owner and Contractor. The Contractor is hereby specifically directed, as a condition of the Contract, to obtain the necessary number of copies of Document A107 in the listed edition, to acquaint themselves with the Articles contained therein, and to notify and apprise all subcontractors, sub- subcontractors, suppliers and any other parties to the Contract or individuals or agencies engaged on the Work as to its contents. No contractual adjustments shall be due or become exigent as a result of failure on the part of the Contractor to fully acquaint themselves and all other parties to the Contract with the conditions of Document A107. As a convenience to Bidders, an example copy of this document is included in Part 2 of this Project Manual (in PDF format) following this page. Document may also be viewed at the Architect’s office and may be purchased from the Montana Chapter AIA, P.O. Box 20996, 1629 Avenue D, Suite 5, Billings, MT 59104; phone (406) 259-7300. AIA® Document A107TM – 2007 Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope AIA Document A107™ – 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:14:11 on 05/18/2012 under Order No.5240458954_1 which expires on 05/17/2013, and is not for resale. User Notes: (1834175569) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AGREEMENT made as of the «» day of « » in the year « » (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) «City of Bozeman»« » «121 N. Rouse Ave. Bozeman, MT 59715» «Telephone Number: 5282-2320» «Fax Number: 582-2323» and the Contractor: (Name, legal status, address and other information) « »« » « » « » « » for the following Project: (Name, location and detailed description) «Bozeman City Hall Masonry Repair Project.» «121 N. Rouse Ave. Bozeman, MT 59715» «Work to replace and repair existing exterior masonry as shown on the drawings. The Architect: (Name, legal status, address and other information) «Comma-Q Architecture, Inc.»« » «109 N Rouse Ave, #1 Bozeman, MT 59715» «Telephone Number: (406) 585-1112» «Fax Number: (406) 585-5518» The Owner and Contractor agree as follows. City of Bozeman - City Hall Masonry Repair 00 6010 - 1 EXAMPLE STANDARD FORM OF AGREEMENT TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENT 5 DISPUTE RESOLUTION 6 ENUMERATION OF CONTRACT DOCUMENTS 7 GENERAL PROVISIONS 8 OWNER 9 CONTRACTOR 10 ARCHITECT 11 SUBCONTRACTORS 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13 CHANGES IN THE WORK 14 TIME 15 PAYMENTS AND COMPLETION 16 PROTECTION OF PERSONS AND PROPERTY 17 INSURANCE & BONDS 18 CORRECTION OF WORK 19 MISCELLANEOUS PROVISIONS 20 TERMINATION OF THE CONTRACT 21 CLAIMS AND DISPUTES ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 2.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) « Date of Commencement – June 17th, 2013 or upon approval by the Owner. » § 2.2 The Contract Time shall be measured from the date of commencement. City of Bozeman - City Hall Masonry Repair 00 6010 - 2 EXAMPLE STANDARD FORM OF AGREEMENT § 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than « » ( « » ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) « » Portion of Work Substantial Completion Date Entire Project September 20, 2013 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) « » ARTICLE 3 CONTRACT SUM § 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ « X» ] Stipulated Sum, in accordance with Section 3.2 below [ « » ] Cost of the Work plus the Contractor’s Fee, in accordance with Section 3.3 below [ « » ] Cost of the Work plus the Contractor’s Fee with a Guaranteed Maximum Price, in accordance with Section 3.4 below (Based on the selection above, complete Section 3.2, 3.3 or 3.4 below.) § 3.2 The Stipulated Sum shall be « » ($ « » ), subject to additions and deductions as provided in the Contract Documents. § 3.2.1 The Stipulated Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) « » § 3.2.2 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) § 3.2.3 Allowances included in the stipulated sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Allowance § 3.3 COST OF THE WORK PLUS CONTRACTOR’S FEE § 3.3.1 The Cost of the Work is as defined in Exhibit A, Determination of the Cost of the Work. § 3.3.2 The Contractor’s Fee: City of Bozeman - City Hall Masonry Repair 00 6010 - 3 EXAMPLE STANDARD FORM OF AGREEMENT (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor’s Fee and the method of adjustment to the Fee for changes in the Work.) « » § 3.4 COST OF THE WORK PLUS CONTRACTOR’S FEE WITH A GUARANTEED MAXIMUM PRICE § 3.4.1 The Cost of the Work is as defined in Exhibit A, Determination of the Cost of the Work. § 3.4.2 The Contractor’s Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor’s Fee and the method of adjustment to the Fee for changes in the Work.) « » § 3.4.3 GUARANTEED MAXIMUM PRICE § 3.4.3.1 The sum of the Cost of the Work and the Contractor’s Fee is guaranteed by the Contractor not to exceed « » ($ « » ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert specific provisions if the Contractor is to participate in any savings.) « » § 3.4.3.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: « » § 3.4.3.3 Unit Prices, if any: (Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) § 3.4.3.4 Allowances included in the Guaranteed Maximum Price, if any: (Identify and state the amounts of any allowances, and state whether they include labor, materials, or both.) Item Allowance § 3.4.3.5 Assumptions, if any, on which the Guaranteed Maximum Price is based: « » ARTICLE 4 PAYMENTS § 4.1 PROGRESS PAYMENTS § 4.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: « » § 4.1.3 Provided that an Application for Payment is received by the Architect not later than the «First (1st) » day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the «Twenty-first (21st) » day of the « following » month. If an Application for Payment is received by the Architect after the date City of Bozeman - City Hall Masonry Repair 00 6010 - 4 EXAMPLE STANDARD FORM OF AGREEMENT fixed above, payment shall be made by the Owner not later than « Thirty » ( « 30 » ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 4.1.4 Retainage, if any, shall be withheld as follows: « Five Percent (5%) plus one percent (1%) tax withholding. » § 4.1.5 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) « » % « » § 4.2 FINAL PAYMENT § 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Section 18.2, and to satisfy other requirements, if any, which extend beyond final payment; .2 the contractor has submitted a final accounting for the Cost of the Work, where payment is on the basis of the Cost of the Work with or without a guaranteed maximum price; and .3 a final Certificate for Payment has been issued by the Architect. § 4.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follows: « » ARTICLE 5 DISPUTE RESOLUTION § 5.1 BINDING DISPUTE RESOLUTION For any claim subject to, but not resolved by, mediation pursuant to Section 21.3, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, claims will be resolved in a court of competent jurisdiction.) [ « » ] Arbitration pursuant to Section 21.4 of this Agreement [ « » ] Litigation in a court of competent jurisdiction [ « » ] Other (Specify) « » ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS § 6.1 The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 6.1.1 The Agreement is this executed AIA Document A107–2007, Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope. § 6.1.2 The Supplementary and other Conditions of the Contract: Document Title Date Pages § 6.1.3 The Specifications: City of Bozeman - City Hall Masonry Repair 00 6010 - 5 EXAMPLE STANDARD FORM OF AGREEMENT (Either list the Specifications here or refer to an exhibit attached to this Agreement.) « Bozeman City Hall Masonry Repair Project, Project Manual dated May 20, 2013 » Section Title Date Pages § 6.1.4 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) « Bozeman City Hall Masonry Repair Project, Bidding Document Drawings dated May 20, 2013. » Number Title Date § 6.1.5 The Addenda, if any: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are enumerated in this Article 6. § 6.1.6 Additional documents, if any, forming part of the Contract Documents: .1 Exhibit A, Determination of the Cost of the Work, if applicable. .2 AIA Document E201™–2007, Digital Data Protocol Exhibit, if completed, or the following: « » .3 Other documents: (List here any additional documents that are intended to form part of the Contract Documents.) « » City of Bozeman - City Hall Masonry Repair 00 6010 - 6 EXAMPLE STANDARD FORM OF AGREEMENT ARTICLE 7 GENERAL PROVISIONS § 7.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in Article 6 and consist of this Agreement (including, if applicable, Supplementary and other Conditions of the Contract), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 7.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. § 7.3 THE WORK The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project. § 7.4 INSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 7.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 7.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights. § 7.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect’s consultants. § 7.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmission, unless otherwise provided in the Agreement or in the Contract Documents. ARTICLE 8 OWNER § 8.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 8.1.1 The Owner shall furnish all necessary surveys and a legal description of the site. § 8.1.2 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. City of Bozeman - City Hall Masonry Repair 00 6010 - 7 EXAMPLE STANDARD FORM OF AGREEMENT § 8.1.3 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 9.6.1, the Owner shall secure and pay for other necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 8.2 OWNER’S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or repeatedly fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. § 8.3 OWNER’S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner, without prejudice to any other remedy the Owner may have, may correct such deficiencies and may deduct the reasonable cost thereof, including Owner’s expenses and compensation for the Architect’s services made necessary thereby, from the payment then or thereafter due the Contractor. ARTICLE 9 CONTRACTOR § 9.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 9.1.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 8.1.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies, or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. § 9.1.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 9.2 SUPERVISION AND CONSTRUCTION PROCEDURES § 9.2.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. § 9.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. § 9.3 LABOR AND MATERIALS § 9.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. City of Bozeman - City Hall Masonry Repair 00 6010 - 8 EXAMPLE STANDARD FORM OF AGREEMENT § 9.3.2 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § 9.3.3 The Contractor may make a substitution only with the consent of the Owner, after evaluation by the Architect and in accordance with a Modification. § 9.4 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. § 9.5 TAXES The Contractor shall pay sales, consumer, use and other similar taxes that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 9.6 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS § 9.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as other permits, fees, licenses and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 9.6.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 9.7 ALLOWANCES The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. The Owner shall select materials and equipment under allowances with reasonable promptness. Allowance amounts shall include the costs to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts. Allowance amounts shall not include the Contractor’s costs for unloading and handling at the site, labor, installation, overhead, and profit. § 9.8 CONTRACTOR’S CONSTRUCTION SCHEDULES § 9.8.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 9.8.2 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the Owner and Architect. § 9.9 SUBMITTALS § 9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in coordination with the Contractor’s construction schedule and in such sequence as to allow the Architect reasonable time for review. By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them; (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so; and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. The Work shall be in accordance with approved submittals. City of Bozeman - City Hall Masonry Repair 00 6010 - 9 EXAMPLE STANDARD FORM OF AGREEMENT § 9.9.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. § 9.10 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 9.11 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. § 9.12 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus material from and about the Project. § 9.13 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 9.14 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 9.15 INDEMNIFICATION § 9.15.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 9.15.1. § 9.15.2 In claims against any person or entity indemnified under this Section 9.15 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 9.15.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 10 ARCHITECT § 10.1 The Architect will provide administration of the Contract and will be an Owner’s representative during construction, until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. § 10.2 The Architect will visit the site at intervals appropriate to the stage of the construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or City of Bozeman - City Hall Masonry Repair 00 6010 - 10 EXAMPLE STANDARD FORM OF AGREEMENT responsibility for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. § 10.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 10.4 Based on the Architect’s evaluations of the Work and of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 10.5 The Architect has authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work. § 10.6 The Architect will review and approve or take other appropriate action upon the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 10.7 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect will make initial decisions on all claims, disputes and other matters in question between the Owner and Contractor but will not be liable for results of any interpretations or decisions rendered in good faith. § 10.8 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 10.9 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. ARTICLE 11 SUBCONTRACTORS § 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. § 11.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the Subcontractors or suppliers for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor or supplier to whom the Owner or Architect has made reasonable written objection within ten days after receipt of the Contractor’s list of Subcontractors and suppliers. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 11.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work, which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow the Subcontractor the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Contract Documents, has against the Owner. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and to award separate contracts in connection with other portions of the Project or other construction or City of Bozeman - City Hall Masonry Repair 00 6010 - 11 EXAMPLE STANDARD FORM OF AGREEMENT operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided in Article 21. § 12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s activities with theirs as required by the Contract Documents. § 12.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. ARTICLE 13 CHANGES IN THE WORK § 13.1 By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect. § 13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive signed only by the Owner and Architect, by the Contractor’s cost of labor, material, equipment, and reasonable overhead and profit, unless the parties agree on another method for determining the cost or credit. Pending final determination of the total cost of a Construction Change Directive, the Contractor may request payment for Work completed pursuant to the Construction Change Directive. The Architect will make an interim determination of the amount of payment due for purposes of certifying the Contractor’s monthly Application for Payment. When the Owner and Contractor agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the Architect will prepare a Change Order. § 13.3 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. § 13.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted as mutually agreed between the Owner and Contractor; provided that the Contractor provides notice to the Owner and Architect promptly and before conditions are disturbed. ARTICLE 14 TIME § 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 14.2 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 14.3 The term “day” as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 14.4 The date of Substantial Completion is the date certified by the Architect in accordance with Section 15.4.3. § 14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor’s control, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine, subject to the provisions of Article 21. City of Bozeman - City Hall Masonry Repair 00 6010 - 12 EXAMPLE STANDARD FORM OF AGREEMENT ARTICLE 15 PAYMENTS AND COMPLETION § 15.1 APPLICATIONS FOR PAYMENT § 15.1.1 Where the Contract is based on a Stipulated Sum or the Cost of the Work with a Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values, allocating the entire Contract Sum to the various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used in reviewing the Contractor’s Applications for Payment. § 15.1.2 With each Application for Payment where the Contract Sum is based upon the Cost of the Work, or the Cost of the Work with a Guaranteed Maximum Price, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor, less (2) that portion of those payments attributable to the Contractor’s Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 15.1.3 Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment stored, and protected from damage, off the site at a location agreed upon in writing. § 15.1.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner’s interests. § 15.2 CERTIFICATES FOR PAYMENT § 15.2.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect’s reasons for withholding certification in whole or in part as provided in Section 15.2.3. § 15.2.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluations of the Work and the data comprising the Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on- site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 15.2.3 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 15.2.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 15.2.1. If the Contractor and the Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.2.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; City of Bozeman - City Hall Masonry Repair 00 6010 - 13 EXAMPLE STANDARD FORM OF AGREEMENT .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 15.2.4 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 15.3 PROGRESS PAYMENTS § 15.3.1 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub-subcontractors in similar manner. § 15.3.2 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a Subcontractor except as may otherwise be required by law. § 15.3.3 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 15.4 SUBSTANTIAL COMPLETION § 15.4.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 15.4.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 15.4.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. When the Architect determines that the Work or designated portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion, establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 15.4.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 15.5 FINAL COMPLETION AND FINAL PAYMENT § 15.5.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation that conditions stated in Section 15.5.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. City of Bozeman - City Hall Masonry Repair 00 6010 - 14 EXAMPLE STANDARD FORM OF AGREEMENT § 15.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys’ fees. § 15.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 15.5.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY § 16.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub- subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 16.1.2 and 16.1.3, except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 9.15. § 16.2 HAZARDOUS MATERIALS § 16.2.1 The Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor’s reasonable additional costs of shutdown, delay and start-up. § 16.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect’s consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or death as described in Section 16.2.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. City of Bozeman - City Hall Masonry Repair 00 6010 - 15 EXAMPLE STANDARD FORM OF AGREEMENT § 16.2.3 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. ARTICLE 17 INSURANCE AND BONDS § 17.1 The Contractor shall purchase from, and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, insurance for protection from claims under workers’ compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor’s operations and completed operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insurance applicable to the Contractor’s obligations under Section 9.15. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner. The Contractor shall cause the commercial liability coverage required by the Contract Documents to include: (1) the Owner, the Architect and the Architect’s Consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations. § 17.2 OWNER’S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance. § 17.3 PROPERTY INSURANCE § 17.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance on an “all-risk” or equivalent policy form, including builder’s risk, in the amount of the initial Contract Sum, plus the value of subsequent modifications and cost of materials supplied and installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 15.5 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 17.3.1 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and sub-subcontractors in the Project. § 17.3.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days’ prior written notice has been given to the Contractor. § 17.3.3 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub- subcontractors, agents and employees, each of the other, and (2) the Architect, Architect’s consultants, separate contractors described in Article 12, if any, and any of their subcontractors, sub-subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to Section 17.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect’s consultants, separate contractors described in Article 12, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 17.3.4 A loss insured under the Owner’s property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their sub-subcontractors in similar manner. City of Bozeman - City Hall Masonry Repair 00 6010 - 16 EXAMPLE STANDARD FORM OF AGREEMENT § 17.4 PERFORMANCE BOND AND PAYMENT BOND § 17.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 17.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 18 CORRECTION OF WORK § 18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense, unless compensable under Section A.2.7.3 in Exhibit A, Determination of the Cost of the Work. § 18.2 In addition to the Contractor’s obligations under Section 9.4, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 15.4.3, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. § 18.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 8.3. § 18.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 18.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 18. ARTICLE 19 MISCELLANEOUS PROVISIONS § 19.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract without written consent of the other, except that the Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 19.2 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located, except, that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 21.4. § 19.3 TESTS AND INSPECTIONS Tests, inspections and approvals of portions of the Work required by the Contract Documents or by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until City of Bozeman - City Hall Masonry Repair 00 6010 - 17 EXAMPLE STANDARD FORM OF AGREEMENT after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating the costs to the Contractor. § 19.4 COMMENCEMENT OF STATUTORY LIMITATION PERIOD The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 19.4. ARTICLE 20 TERMINATION OF THE CONTRACT § 20.1 TERMINATION BY THE CONTRACTOR If the Architect fails to certify payment as provided in Section 15.2.1 for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment as provided in Section 4.1.3 for a period of 30 days, the Contractor may, upon seven additional days’ written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 20.2 TERMINATION BY THE OWNER FOR CAUSE § 20.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 20.2.2 When any of the above reasons exists, the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the Contractor seven days’ written notice, terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 20.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. § 20.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. The Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 21 CLAIMS AND DISPUTES § 21.1 Claims, disputes and other matters in question arising out of or relating to this Contract, including those alleging an error or omission by the Architect but excluding those arising under Section 16.2, shall be referred initially to the Architect for decision. Such matters, except those waived as provided for in Section 21.8 and Sections 15.5.3 and 15.5.4, shall, after initial decision by the Architect or 30 days after submission of the matter to the Architect, be subject to mediation as a condition precedent to binding dispute resolution. § 21.2 If a claim, dispute or other matter in question relates to or is the subject of a mechanic’s lien, the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. City of Bozeman - City Hall Masonry Repair 00 6010 - 18 EXAMPLE STANDARD FORM OF AGREEMENT § 21.3 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with their Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 21.4 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any claim, subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association, in accordance with the Construction Industry Arbitration Rules in effect on the date of this Agreement. Demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 21.5 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 21.6 Any party to an arbitration may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described in the written Consent. § 21.7 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 21.8 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 20. Nothing contained in this Section 21.8 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. This Agreement entered into as of the day and year first written above. OWNER (Signature) CONTRACTOR (Signature) «James Goehrung»«, Director of Facilities City of Bozeman» « »« » (Printed name and title) (Printed name and title) City of Bozeman - City Hall Masonry Repair 00 6010 - 19 EXAMPLE STANDARD FORM OF AGREEMENT City of Bozeman – City Hall Masonry Repair LIST OF CONTRACT FORMS Comma-Q Architecture, Inc. 00 7000 / 1 LIST OF CONTRACT FORMS List of Contract Administration Forms to be used in this Project. Forms may be viewed at Architect’s office and may be purchased from the Montana Chapter AIA, P.O. Box 20996, 1629 Avenue D, Suite 5, Billings, MT 59104; phone (406) 259-7300.. Change Order - AIA G701 (2001 ed.) Application and Certificate for Payment – AIA G702 (1992 ed.) Continuation Sheet – AIA G703 (1992 ed.) Certificate of Substantial Completion – AIA G704 (2000 ed.) Contractor’s Affidavit of Payment of Debts and Claims – AIA G706 (1994 ed.) Contractor’s Affidavit of Release of Liens – AIA G706A (1994 ed.) Consent of Surety to Final Payment – AIA G707 (1994 ed.) Work Changes Proposal Request – AIA G709 (2001 ed.) Construction Change Directive – AIA G714 (2007 ed.) Request for Information – AIA G716 (2004 ed.) City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc. THIS PAGE LEFT INTENTIONALLY BLANK City of Bozeman – City Hall Masonry Repair SUMMARY Comma-Q Architecture, Inc. 01 1000 / 1   SECTION 01 1000 - SUMMARY PART 1 GENERAL 1.01 PROJECT A. Project Name: City of Bozeman City Hall Masonry Repair Project B. Owner's Name: City of Bozeman. 1. Owner's contact information on Project Title Page of this Project Manual. C. Architect’s Name: Comma-Q Architecture, Inc. 1. Architect’s contact information on Project Title Page of this Project Manual. D. The Project consists of one project as listed: 1 Bozeman City Hall Masonry Repair Project consists of selective demolition of existing brick masonry and installation of new brick masonry as shown on the drawings. 1.02 CONTRACT DESCRIPTION A. Contract Type: A single prime contract for the Project above based on a Stipulated Price as described in Document 00 6000 - Agreement and General Conditions. 1.03 OWNER OCCUPANCY A. Owner intends to continue to occupy the existing building and conduct full normal business operations during the construction period. B. Cooperate with Owner to minimize conflict and to facilitate Owner's operations. C. Schedule the Work to accommodate Owner occupancy. 1.04 CONTRACTOR USE OF SITE AND PREMISES A. Construction Operations: Coordinate use of site, staging areas, access to site and to areas of Work with Owner's Director of Facilities and Facilities Staff. Follow proper demolition and installation procedures to eliminate disruption of occupants, neighbors and neighbor’s properties, including wind blown debris. Contractor shall provide daily housekeeping and site clean up to minimize disruption of Owner’s access and operation. B. Arrange use of site and premises to allow: 1. Owner occupancy. 2. Work by Others – including landscaping contractors. 3. Use of site and premises by the public. 4. All material onsite storage shall be minimized and location coordinated with Owner and the building Staff. Onsite Storage shall not reduce parking spaces. D. Provide access to and from site as required by law and by Owner: 1. Building Exits During Construction: Keep all exits required by code open during construction period; provide temporary exit signs if exit routes are temporarily altered. Do not obstruct roadways, sidewalks, or other public ways without permit. E. Utility Outages and Shutdown: 1. Prevent accidental disruption of utility services to other facilities. 1.05 WORK SCHEDULE A. START - Upon issuance of Notice to Proceed or June 17th, 2013. B. SUBSTANTIAL COMPLETION – required by September 20th, 2013. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION 01 1000  PRICE AND PAYMENT PROCEDURES City of Bozeman – City Hall Masonry Repair 01 2000 / 1 Comma-Q Architecture, Inc.  SECTION 01 2000 - PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Procedures for preparation and submittal of applications for progress payments. B. Documentation of changes in Contract Sum and Contract Time. C. Change procedures. D. Procedures for preparation and submittal of application for final payment. 1.02 RELATED REQUIREMENTS A. Section 00 7000 - Contract Forms: Forms to be used. B. Document 00 6000 - Agreement Form and General Conditions: Contract Sum, retainages, payment period. 1.03 SCHEDULE OF VALUES A. Form to be used: Use AIA Document G703- Continuation Sheet. B. Electronic media printout including equivalent information and formatted like AIA G703 will be considered in lieu of standard form specified; submit sample to Architect for approval. C. Submit Schedule of Values within 15 days after date of Owner-Contractor Agreement. D. Format: Utilize the Table of Contents of this Project Manual. Identify each line item with number and title of the specification Section. Identify each of the following as separate line items. 1. Any accepted Bid Alternate. 2. Each item noted on Drawings as "Additional Scope Items". 3. Costs for Performance and Payment bonds. 4. Costs for Temporary Facilities and Controls. E. Revise schedule to list approved Change Orders, with each Application For Payment. 1.04 APPLICATIONS FOR PROGRESS PAYMENTS A. Payment Period: Submit at intervals stipulated in the Agreement. B. Form to be used: AIA G702 Application and Certificate for Payment and G703 Continuation Sheet. C. Electronic media printout including equivalent information and formatted like AIA G702 and G703 will be considered in lieu of standard form specified; submit sample to Architect for approval. D. Execute certification by signature of authorized officer. E. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed and for stored products. F. List each authorized Change Order as a separate line item, listing Change Order number and dollar amount as for an original item of Work. G. Submit three copies of each Application for Payment. H. Include the following with the application: 1. Transmittal letter as specified for Submittals in Section 01 3000. 2. Construction progress schedule, revised and current as specified in Section 01 3000. City of Bozeman – City Hall Masonry Repair PRICE AND PAYMENT PROCEDURES Comma-Q Architecture, Inc. 01 2000 / 2 3. Contractor's Affidavit of Payment of Debts and Claims - AIA Form G706 filled out and updated to match current pay request and signed by Contractor. 4. Contractor's Affidavit of Release of Liens - AIA Form G706A filled out and updated to match current pay request and signed by Contractor. I. When Architect requires substantiating information, submit data justifying dollar amounts in question. J. Submit Applications monthly or in a similar time frame that is in alignment with the progress of the work. It is preferred that contractors submit progress payments and not a single final application for payment when the project is complete. 1.05 MODIFICATION PROCEDURES A. For minor changes not involving an adjustment to the Contract Sum or Contract Time, Architect will issue instructions directly to Contractor. B. For other required changes, Architect will issue a document signed by Owner instructing Contractor to proceed with the change, for subsequent inclusion in a Change Order. 1. The document will describe the required changes and will designate method of determining any change in Contract Sum or Contract Time. 2. Promptly execute the change. C. For changes for which advance pricing is desired, Architect will issue a document that includes a detailed description of a proposed change with supplementary or revised drawings and specifications, a change in Contract Time for executing the change. Contractor shall prepare and submit a fixed price quotation within 10 days. D. Contractor may propose a change by submitting a request for change to Architect, describing the proposed change and its full effect on the Work, with a statement describing the reason for the change, and the effect on the Contract Sum and Contract Time with full documentation and a statement describing the effect on Work by separate or other contractors. Document any requested substitutions in accordance with Section 01 6000. E. Computation of Change in Contract Amount: As specified in the Agreement and Conditions of the Contract. 1. For change requested by Architect for work falling under a fixed price contract, the amount will be based on Contractor's price quotation. 2. For change requested by Contractor, the amount will be based on the Contractor's request for a Change Order as approved by Architect. 3. For change ordered by Architect without a quotation from Contractor, the amount will be determined by Architect based on the Contractor's substantiation of costs as specified for Time and Material work. F. Substantiation of Costs: Provide full information required for evaluation. 1. On request, provide following data: a. Quantities of products, labor, and equipment. b. Taxes, insurance, and bonds. c. Overhead and profit. d. Justification for any change in Contract Time. e. Credit for deletions from Contract, similarly documented. 2. Support each claim for additional costs with additional information: a. Origin and date of claim. b. Dates and times work was performed, and by whom. c. Time records and wage rates paid. d. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 3. For Time and Material work, submit itemized account and supporting data after completion PRICE AND PAYMENT PROCEDURES City of Bozeman – City Hall Masonry Repair 01 2000 / 3 Comma-Q Architecture, Inc.  of change, within time limits indicated in the Conditions of the Contract. G. Execution of Change Orders: Architect will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. H. After execution of Change Order, promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum. I. Promptly revise progress schedules to reflect any change in Contract Time, revise sub- schedules to adjust times for other items of work affected by the change, and resubmit. J. Promptly enter changes in Project Record Documents. 1.06 APPLICATION FOR FINAL PAYMENT A. Prepare Application for Final Payment as specified for progress payments, identifying total adjusted Contract Sum, previous payments, and sum remaining due. B. Application for Final Payment will not be considered until the following have been accomplished: 1. All closeout procedures specified in Section 01 7000. 2. All site clean up is complete and site damage (if any) has been repaired / replaced. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION 01 2000  City of Bozeman – City Hall Masonry Repair ADMINISTRATIVE REQUIREMENTS Comma-Q Architecture, Inc. 01 3000 / 1 SECTION 01 3000 - ADMINISTRATIVE REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Preconstruction meeting. B. Progress meetings. C. Construction progress schedule. D. Submittals for review, information, and project closeout. E. Submittal procedures. 1.02 RELATED REQUIREMENTS A. Division 00 Contract Requirements 1. Agreement: Construction schedules; Shop Drawings and submittals. B. Section 01 7000 - Execution and Closeout Requirements: Additional coordination requirements. 1.03 PROJECT COORDINATION A. Owner: City of Bozeman Director of Facilities, James Goehrung, 582-2300. B. Cooperate with the Owner in allocation of mobilization areas of site; for field offices and sheds if required, for delivery and equipment access, traffic, and parking facilities. C. During construction, coordinate use of site and facilities through the Owner. D. Comply with Owner's procedures for intra-project communications; submittals, reports and records, schedules, coordination drawings, and recommendations; and resolution of ambiguities and conflicts. E. Comply with instructions of the Owner for use of temporary utilities and construction facilities. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.01 PRECONSTRUCTION MEETING A. Owner will schedule a meeting after Notice of Award. B. Attendance Required: 1. Owner. 2. Architect. 3. Engineer. 4. Contractor, including Project Manager and Construction Superintendent. 5. Subcontractors, major subs for this project scope. C. Agenda: 1. Execution of Owner-Contractor Agreement if not previously executed. 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents. 4. Submission of schedule of values, and progress schedule. 5. Designation of personnel representing the parties to Contract, and Architect. 6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. 7. Scheduling. D. Record minutes and distribute copies within two days after meeting to participants, with one copy to Architect, Owner, participants, and those affected by decisions made. ADMINISTRATIVE REQUIREMENTS City of Bozeman – City Hall Masonry Repair 01 3000 / 2 Comma-Q Architecture, Inc. 3.02 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work at bi-weekly intervals. B. Attendance Required: Job superintendent, Owner, Architect, as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems that impede, or will impede, planned progress. 5. Review of submittals schedule and status of submittals. 6. Maintenance of progress schedule. 7. Corrective measures to regain projected schedules. 8. Planned progress during succeeding work period. 9. Maintenance of quality and work standards. 10. Effect of proposed changes on progress schedule and coordination. 11. Other business relating to Work. E. Record minutes and distribute copies within two days after meeting to participants, with one copy to Architect, Owner, participants, and those affected by decisions made. 3.03 CONSTRUCTION PROGRESS SCHEDULE A. Within 5 days after date of the Agreement, submit preliminary schedule defining planned operations through completion of Work. B. If preliminary schedule requires revision after review, submit revised schedule within 3 days. C. Submit updated schedule, if revised from previously submitted schedule, at each weekly meeting. 3.04 SUBMITTALS FOR REVIEW A. For new Products to be supplied by and installed by the Contractor, make the following types of submittals to Architect for distribution and action: 1. Requests for interpretation. 2. Requests for substitution. 3. Applications for payment and change order requests. 4. Progress schedules. 5. Closeout submittals. B. Submit to Architect for review for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. C. Samples will be reviewed only for aesthetic, color, or finish selection. D. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article below and for record documents purposes described in Section 01 7000 – EXECUTION AND CLOSEOUT REQUIREMENTS. 3.05 SUBMITTALS FOR INFORMATION A. For new products to be installed, submit them to Architect for information: 1. Design data. 2. Certificates. 3. Test reports. 4. Inspection reports. 5. Manufacturer's instructions. 6. Manufacturer's field reports. City of Bozeman – City Hall Masonry Repair ADMINISTRATIVE REQUIREMENTS Comma-Q Architecture, Inc. 01 3000 / 3 B. Submit for Architect's knowledge as contract administrator or for Owner. No action will be taken. 3.06 SUBMITTALS FOR PROJECT CLOSEOUT A. For new products to be installed, submit them at project closeout: 1. Project record documents. 2. Operation and maintenance data. 3. Warranties. B. Submit for Owner's benefit during and after project completion. 3.07 NUMBER OF COPIES OF SUBMITTALS A. Documents for Review: 1. Small Size Sheets, Not Larger Than 8-1/2 x 11 inches: Submit the number of copies that Contractor requires, plus two copies that will be retained by Architect. B. Documents for Information: Submit one copy. C. Samples: Submit 1 per product to Architect. 3.08 SUBMITTAL PROCEDURES A. Transmit each submittal with form approved by Architect. B. Sequentially number the transmittal form. Revise submittals with original number and a sequential alphabetic suffix. C. Identify Project by Project Name, Contractor, Subcontractor or supplier; pertinent drawing and detail number, and specification section number, as appropriate on each copy. D. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of Products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. E. Deliver submittals to Architect at business address. F. Schedule submittals to expedite the Project, and coordinate submission of related items. G. For each submittal for review, allow 7 days excluding delivery time to and from the Contractor. H. Identify variations from Contract Documents and Product or system limitations that may be detrimental to successful performance of the completed Work. I. Submittal Procedures, including product data and shop drawings, shall NOT be used to request substitution or seek approval of a deviation from requirements of the Contract Documents. Any deviation from Contract requirements shall be noted on submittal. Any request for substitution or deviation from Contract requirements shall follow requirements of the General Conditions of the Contract. J. Provide space for Contractor and Architect review stamps. K. When revised for resubmission, identify all changes made since previous submission. L. Distribute reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. END OF SECTION 01 3000  City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc. THIS PAGE LEFT INTENTIONALLY BLANK City of Bozeman – City Hall Masonry Repair QUALITY REQUIREMENTS Comma-Q Architecture, Inc. 01 4000 / 1   SECTION 01 4000 - QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Control of installation. B. Testing services. C. Manufacturers' field services. 1.02 RELATED REQUIREMENTS A. Section 01 3000 - Administrative Requirements: Submittal procedures. B. Section 01 6000 - Product Requirements: Requirements for material and product quality. 1.03 SUBMITTALS A. Certificates: When specified in individual specification sections, submit certification by the manufacturer and Contractor to Architect, in quantities specified for Product Data. 1. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.01 CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Architect before proceeding. D. Comply with specified standards as minimum quality for the Work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Have Work performed by persons qualified to produce required and specified quality. F. Verify that field measurements are as indicated on shop drawings or as instructed by the manufacturer. G. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, and disfigurement. 3.02 TESTING AND INSPECTION QUALITY REQUIREMENTS City of Bozeman – City Hall Masonry Repair 01 4000 / 2 Comma-Q Architecture, Inc. A. Limits on Testing/Inspection Agency Authority: 1. Agency may not release, revoke, alter, or enlarge on requirements of Contract Documents. 2. Agency may not approve or accept any portion of the Work. 3. Agency may not assume any duties of Contractor. 4. Agency has no authority to stop the Work. B. Contractor Responsibilities: 1. Cooperate with testing agency in any way requested or required. 2. Notify Architect and Owner's Construction Representative 48 hours prior to expected time for operations requiring testing/inspection services. 3.03 MANUFACTURERS' FIELD SERVICES A. When specified by product manufacturers, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, as applicable, and to initiate instructions when necessary. B. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. 3.04 DEFECT ASSESSMENT A. Replace Work or portions of the Work not conforming to specified requirements. B. If, in the opinion of Architect, it is not practical to remove and replace the Work, Architect will direct an appropriate remedy or adjust payment. END OF SECTION 01 4000  City of Bozeman – City Hall Masonry Repair CUTTING AND PATCHING Comma-Q Architecture, Inc. 01 4500 / 1 SECTION 01 4500 - CUTTING AND PATCHING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for cutting and patching. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section "Coordination" for procedures for coordinating cutting and patching with other construction activities. 2. Refer to other Sections and Drawings for specific requirements and limitations applicable to cutting and patching individual parts of the Work. a. Requirements of this Section apply to mechanical and electrical installations. Refer to mechanical drawings work scope for other requirements and limitations applicable to cutting and patching mechanical and electrical installations. 1.3 SUBMITTALS A. Cutting and Patching Proposal: Submit a proposal describing procedures well in advance of the time cutting and patching will be performed if the Owner requires approval of these procedures before proceeding. Request approval to proceed. Include the following information, as applicable, in the proposal: 1. Describe the extent of cutting and patching required. Show how it will be performed and indicate why it cannot be avoided. 2. Describe anticipated results in terms of changes to existing construction. Include changes to structural elements and operating components as well as changes in the building's appearance and other significant visual elements. 3. List products to be used and firms or entities that will perform Work. 4. Indicate dates when cutting and patching will be performed. 5. Utilities: List utilities that cutting and patching procedures will disturb or affect. List utilities that will be relocated and those that will be temporarily out-of-service. Indicate how long service will be disrupted. 6. Where cutting and patching involves adding reinforcement to structural elements, submit details and engineering calculations showing integration of reinforcement with the original structure. 7. Approval by the Architect to proceed with cutting and patching does not waive the Architect's right to later require complete removal and replacement of unsatisfactory work. 1.4 QUALITY ASSURANCE A. Requirements for Structural Work: Do not cut and patch structural elements in a manner that would change their load-carrying capacity or load-deflection ratio. 1. Obtain approval of the cutting and patching proposal before cutting and patching the following structural elements: a. Foundation construction. b. Bearing and retaining walls. c. Structural concrete. d. Structural steel. CUTTING AND PATCHING City of Bozeman – City Hall Masonry Repair 01 4500 / 2 Comma-Q Architecture, Inc. e. Lintels. f. Structural decking. g. Miscellaneious structural metals. h. Equipment supports. i. Piping, ductwork, vessels, and equipment. B. Operational Limitations: Do not cut and patch operating elements or related components in a manner that would result in reducing their capacity to perform as intended. Do not cut and patch operating elements or related components in a manner that would result in increased maintenance or decreased operational life or safety. 1. Obtain approval of the cutting and patching proposal before cutting and patching the following operating elements or safety related systems: a. Primary operational systems and equipment. b. Control systems. c. Conveying systems. d. Electrical wiring systems. e. Fire protection systems. C. Visual Requirements: Do not cut and patch construction exposed on the exterior or in occupied spaces in a manner that would, in the Architect's opinion, reduce the building's aesthetic qualities. Do not cut and patch construction in a manner that would result in visual evidence of cutting and patching. Remove and replace construction cut and patched in a visually unsatisfactory manner. PART 2 - PRODUCTS 2.1 MATERIALS, GENERAL A. Use materials identical to existing materials. For exposed surfaces, use materials that visually match existing adjacent surfaces to the fullest extent possible if identical materials are unavailable or cannot be used. Use materials whose installed performance will equal or surpass that of existing materials. PART 3 - EXECUTION 3.1 INSPECTION A. Examine surfaces to be cut and patched and conditions under which cutting and patching is to be performed before cutting. If unsafe or unsatisfactory conditions are encountered, take corrective action before proceeding. 3.2 PREPARATION A. Temporary Support: Provide temporary support of work to be cut. B. Protection: Protect existing construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of the Project that might be exposed during cutting and patching operations. C. Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. D. Avoid cutting existing pipe, conduit, or ductwork serving the building but scheduled to be removed or relocated until provisions have been made to bypass them. City of Bozeman – City Hall Masonry Repair CUTTING AND PATCHING Comma-Q Architecture, Inc. 01 4500 / 3 3.3 PERFORMANCE A. General: Employ skilled workmen to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time and complete without delay. 1. Cut existing construction to provide for installation of other components or performance of other construction activities and the subsequent fitting and patching required to restore surfaces to their original condition. B. Cutting: Cut existing construction using methods least likely to damage elements retained or adjoining construction. Where possible, review proposed procedures with the original Installer; comply with the original Installer's recommendations. 1. In general, where cutting, use hand or small power tools designed for sawing or grinding, not hammering and chopping. Cut holes and slots as small as possible, neatly to size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. 2. To avoid marring existing finished surfaces, cut or drill from the exposed or finished side into concealed surfaces. 3. Cut through concrete and masonry using a cutting machine, such as a Carborundum saw or a diamond-core drill. 4. Comply with requirements of applicable where cutting and patching requires excavating and backfilling. 5. Where services are required to be removed, relocated, or abandoned, by-pass utility services, such as pipe or conduit, before cutting. Cut-off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal the remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after by-passing and cutting. C. Patching: Patch with durable seams that are as invisible as possible. Comply with specified tolerances. 1. Where feasible, inspect and test patched areas to demonstrate integrity of the installation. 2. Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will eliminate evidence of patching and refinishing. 3. Where removing walls or partitions extends one finished area into another, patch and repair floor and wall surfaces in the new space. Provide an even surface of uniform color and appearance. Remove existing floor and wall coverings and replace with new materials, if necessary, to achieve uniform color and appearance. a. Where patching occurs in a smooth painted surface, extend final paint coat over entire unbroken surface containing the patch after the area has received primer and second coat. 4. Where indicated, patch, repair, or rehang existing ceilings as necessary to provide an even-plane surface of uniform appearance. 5. At existing structural members which have fireproofing, repair all damage to existing fireproofing where removed to accomodate construction or connections with like material. 3.4 CLEANING A. Clean areas and spaces where cutting and patching are performed. Completely remove paint, mortar, oils, putty, and similar items. Thoroughly clean piping, conduit, and similar features before applying paint or other finishing materials. Restore damaged pipe covering to its original condition. END OF SECTION 01 4500 City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc. THIS PAGE LEFT INTENTIONALLY BLANK City of Bozeman – City Hall Masonry Repair TEMPORARY FACILITIES & CONTROLS Comma-Q Architecture, Inc. 01 5000 / 1  SECTION 01 5000 - TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SECTION INCLUDES A. Temporary utilities. B. Temporary sanitary facilities. C. Temporary Controls: Barriers and fencing. D. Security requirements. E. Vehicular access and parking. F. Waste removal facilities and services. 1.02 TEMPORARY UTILITIES A. Owner will provide the following: 1. Electrical power, consisting of connection to existing facilities. 2. Water supply, consisting of connection to existing facilities. B. Use trigger-operated nozzles for water hoses, to avoid waste of water. 1.03 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. Provide at time of project mobilization. B. Coordinate location of facilities with Owner. C. Use of existing facilities inside building is not permitted. D. Maintain daily, in a clean and sanitary condition. 1.04 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas, to prevent access to areas that could be hazardous to workers or the public, to allow for owner's use of site and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide barricades required by governing authorities for public rights-of-way and for public access to existing building. C. Protect non-owned vehicular traffic, stored materials, site, and structures from damage. D. Coordinate location of barriers with Owner. 1.05 FENCING A. Construction Work Zones: Commercial grade chain link fence. B. Provide 6 foot high fence around assigned staging area; equip with vehicular and pedestrian gates with locks. Coordinate location with Owner. 1.06 SECURITY A. Provide security and facilities to protect Work, existing facilities, and Owner's operations from unauthorized entry, vandalism, or theft. B. Coordinate with Owner's security program. TEMPORARY FACILITIES & CONTROLS City of Bozeman – City Hall Masonry Repair 01 5000 / 2 Comma-Q Architecture, Inc. 1.07 VEHICULAR ACCESS AND PARKING A. Coordinate access routes to areas of Work with Owner. B. Provide and maintain access to fire hydrants, free of obstructions. 1.08 WASTE REMOVAL A. Provide waste removal facilities and services as required to maintain the site in clean and orderly condition. B. Provide containers with lids. Remove trash from site daily. Do not allow trash to accumulate beyond capacity of container with closed lid. Do not allow trash and debris to drift or wind blow into adjacent areas. C. Open free-fall chutes are not permitted. Terminate closed chutes into appropriate containers with lids. 1.09 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary utilities, equipment, facilities, materials, prior to Substantial Completion inspection. B. Clean and repair damage caused by installation or use of temporary work. C. Proper care shall be taken when accessing the building and site. Existing Sod, Landscape, Paving, Curbing, Sidewalks or Structures damaged in any way shall be repaired or replaced to exact previous condition prior to final payment of work. D. Materials and tools can not be stored in any way on existing rooms or existing areas not in this scope of work to be renovated. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION 01 5000  City of Bozeman – City Hall Masonry Repair PRODUCT REQUIREMENTS Comma-Q Architecture, Inc. 01 6000 / 1  SECTION 01 6000 - PRODUCT REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. General product requirements. B. Re-use of existing products. C. Transportation, handling, storage and protection. D. Product option requirements. E. Substitution limitations and procedures. F. Maintenance materials, including extra materials, spare parts, tools, and software. 1.02 SUBMITTALS A. Proposed Products List: Submit list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. 1. Submit within 7 days after date of Agreement. 2. For products specified only by reference standards, list applicable reference standards. B. Product Data Submittals: Submit manufacturer's standard published data. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project. C. Sample Submittals: Illustrate functional and aesthetic characteristics of the product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. 1. For selection from standard finishes, submit samples of the full range of the manufacturer's standard colors, textures, and patterns. PART 2 PRODUCTS 2.01 EXISTING PRODUCTS A. Do not use materials and equipment removed from existing premises unless specifically required or permitted by the Contract Documents. B. Existing materials and equipment indicated to be removed, but not to be re-used, relocated, reinstalled, delivered to the Owner, or otherwise indicated as to remain the property of the Owner, become the property of the Contractor; remove from site. 2.02 NEW PRODUCTS A. Provide new products unless specifically required or permitted by the Contract Documents. 2.03 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Use any product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Use a product of one of the manufacturers named and meeting specifications, no options or substitutions allowed. C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named. 1. Provide full and adequate information from manufacturer to allow Architect to evaluate equivalency of requested product substitution compared to requirements listed in Specifications. PRODUCT REQUIREMENTS City of Bozeman – City Hall Masonry Repair 01 6000 / 2 Comma-Q Architecture, Inc.   2.04 MAINTENANCE MATERIALS A. Furnish extra materials of types and in quantities specified in individual specification sections. B. Deliver to location on site as directed by Owner prior to Substantial Completion. PART 3 EXECUTION 3.01 SUBSTITUTION PROCEDURES A. Instructions to Bidders specify time restrictions for submitting requests for substitutions during the bidding period. Comply with requirements specified in this section. B. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents. C. A request for substitution constitutes a representation that the submitter: 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. 2. Will provide the same warranty for the substitution as for the specified product. 3. Will coordinate installation and make changes to other Work that may be required for the Work to be complete with no additional cost to Owner. 4. Waives claims for additional costs or time extension that may subsequently become apparent. D. Substitution Submittal Procedure: 1. Submit two copies of request for substitution for consideration. Limit each request to one proposed substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product equivalence. Burden of proof is on proposer. 3. The Architect will notify Contractor in writing of decision to accept or reject request. 3.02 TRANSPORTATION AND HANDLING A. Coordinate schedule of product delivery to designated prepared areas in order to minimize site storage time and potential damage to stored materials. B. Transport and handle products in accordance with manufacturer's instructions. C. Promptly inspect shipments to ensure that products comply with requirements, quantities are correct, and products are undamaged. D. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 3.03 STORAGE AND PROTECTION A. Schedule receiving of incoming products so that they are delivered according to installation schedule and placed within designated work area or designated staging area. B. Store and protect products in accordance with manufacturers' instructions. C. Store with seals and labels intact and legible. D. Store sensitive products in weather tight, climate controlled, enclosures in an environment favorable to product. E. For exterior storage of fabricated products, place on sloped supports above ground. F. Provide off-site storage and protection when site does not permit on-site storage or protection. City of Bozeman – City Hall Masonry Repair PRODUCT REQUIREMENTS Comma-Q Architecture, Inc. 01 6000 / 3  G. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to prevent condensation and degradation of products. H. Prevent contact with material that may cause corrosion, discoloration, or staining. I. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. J. Arrange storage of products to permit access for inspection. Periodically inspect to verify products are undamaged and are maintained in acceptable condition. END OF SECTION 01 6000  EXECUTION AND CLOSEOUT REQUIREMENTS City of Bozeman – City Hall Masonry Repair 01 7000 / 1 Comma-Q Architecture, Inc.  SECTION 01 7000 - EXECUTION AND CLOSEOUT REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Examination, preparation, and general installation procedures. B. Requirements for alterations work, including selective demolition, except removal, disposal, and/or remediation of hazardous materials and toxic substances. C. Cutting and patching. D. Cleaning and protection. E. Closeout procedures, except payment procedures. 1.02 RELATED REQUIREMENTS A. Section 01 1000 - Summary: Limitations on working in existing building; continued occupancy. B. Section 01 3000 - Administrative Requirements: Submittals procedures. 1.03 PROJECT CONDITIONS A. Dust Control: Execute work by methods to minimize raising dust from construction operations. Provide positive means to prevent air-borne dust from dispersing into atmosphere and over adjacent property. B. Suspend construction activities if high winds are dispersing dust and debris that can not be contained. Resume construction activities once contained. 1.04 COORDINATION A. Coordinate scheduling, submittals, and work of the various sections of the Project Manual to ensure efficient and orderly sequence of installation of interdependent construction elements. B. Coordinate completion and clean-up of work of separate sections. C. After Substantial Completion, coordinate access to site for correction of defective work and work not in accordance with Contract Documents, to minimize disruption of Owner's and Public activities. PART 2 PRODUCTS 2.01 PATCHING MATERIALS A. New Materials: As specified in product sections; match existing products and work for patching and extending work. B. Type and Quality of Existing Products: Determine by inspecting and testing products where necessary, referring to existing work as a standard. C. Product Substitution: For any proposed change in materials, submit request for substitution described in Section 01 6000. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent work. Start of work means acceptance of existing conditions. B. Verify that existing substrate is capable of structural support or attachment of new work being applied or attached. City of Bozeman – City Hall Masonry Repair EXECUTION AND CLOSEOUT REQUIREMENTS Comma-Q Architecture, Inc. 01 7000 / 2 C. Examine and verify specific conditions described in individual specification sections. D. Take field measurements before confirming product orders or beginning fabrication, to minimize waste due to over-ordering or mis-fabrication. E. Prior to Cutting: Examine existing conditions prior to commencing work, including elements subject to damage or movement during cutting and patching. After uncovering existing work, assess conditions affecting performance of work. Beginning of cutting or patching means acceptance of existing conditions. 3.02 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Replace all substrate to structural deck as specified herein and in Division 07. C. Seal cracks or openings of substrate prior to applying next material or substance. D. Patch penetration holes where penetrations are abandoned under this Contract. 1. Patch holes with similar materials to original in a manner to restore integrity of structure and to seal against penetration by moisture, vapor or fumes. E. Apply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond. 3.03 GENERAL INSTALLATION REQUIREMENTS A. Install products as specified in individual sections, in accordance with manufacturer's instructions and recommendations, and so as to avoid waste due to necessity for replacement. B. Install or reinstall any rooftop equipment and fittings plumb and level, neatly aligned with adjacent vertical and horizontal lines. C. Make weather tight transitions between different surfaces according to manufacturer's instructions. 3.04 ALTERATIONS A. Drawings showing existing construction are based on casual field observation and existing record documents only. 1. Verify that construction arrangements are as shown. 2. Report discrepancies to Architect before disturbing existing installation. 3. Beginning of alterations work constitutes acceptance of existing conditions. B. Maintain weatherproof exterior building enclosure except for interruptions required for replacement or modifications; take care to prevent water and humidity damage. 1. Where openings in exterior enclosure exist, provide construction to make exterior enclosure weatherproof. C. Remove existing work as indicated and as required to accomplish new work. 1. Remove rotted wood, corroded metals, and deteriorated masonry and concrete; replace with new construction specified. 2. Remove items indicated on drawings. 3. Relocate items indicated on drawings. 4. Where new surface finishes are not specified or indicated, patch holes and damaged surfaces to match adjacent finished surfaces as closely as possible. D. Protect existing work to remain. 1. Perform cutting to accomplish removals neatly and as specified for cutting new work. 2. Repair adjacent construction and finishes damaged during removal work. 3. Do not use adjacent roofs not included in this scope of work, for materials, tools or performing work. EXECUTION AND CLOSEOUT REQUIREMENTS City of Bozeman – City Hall Masonry Repair 01 7000 / 3 Comma-Q Architecture, Inc.  F. Adapt existing work to fit new work: Make as neat and smooth transition as possible. G. Patching: Where the existing surface is not indicated to be refinished, patch to match the surface finish that existed prior to cutting. Where the surface is indicated to be refinished, patch so that the substrate is ready for the new finish. H. Clean existing equipment from any debris or markings caused by this construction. Daily housekeeping is required throughout the duration of the project. I. Remove demolition debris and abandoned items from work areas daily and dispose of off-site; do not burn or bury. J. Do not begin new construction in alterations areas before demolition is complete. K. Comply with all other applicable requirements of this section. 3.05 CUTTING AND PATCHING A. Whenever possible, execute the work by methods that avoid cutting or patching. B. See Alterations article above for additional requirements. C. Perform whatever cutting and patching is necessary to: 1. Complete the work. 2. Fit products together to integrate with other work. 3. Provide openings for penetration of mechanical, electrical, and other services. 4. Match work that has been cut to adjacent work. 5. Repair areas adjacent to cuts to required condition. 6. Repair new work damaged by subsequent work. 7. Remove samples of installed work for testing when requested. 8. Remove and replace defective and non-conforming work. D. Execute work by methods that avoid damage to other work and that will provide appropriate surfaces to receive patching and finishing. In existing work, minimize damage and restore to original condition. E. Employ skilled and experienced installer to perform cutting for weather exposed and moisture resistant elements, and sight exposed surfaces. F. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior approval. G. Restore work with new products in accordance with requirements of Contract Documents. H. Fit work weather tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. I. Patching: 1. Finish patched surfaces to match finish that existed prior to patching. On continuous surfaces, refinish to nearest intersection or natural break. For an assembly, refinish entire unit. 2. Match color, texture, and appearance. 3. Repair patched surfaces that are damaged, lifted, discolored, or showing other imperfections due to patching work. If defects are due to condition of substrate, repair substrate prior to repairing finish. 3.06 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. It is required that the contractor shall maintain site in a clean and orderly condition at all times. B. Collect and remove waste materials, debris, and trash/rubbish from site daily and dispose off- site; do not burn or bury. City of Bozeman – City Hall Masonry Repair EXECUTION AND CLOSEOUT REQUIREMENTS Comma-Q Architecture, Inc. 01 7000 / 4 3.07 PROTECTION OF INSTALLED WORK A. Protect installed work from damage by construction operations. B. Prohibit traffic or storage upon roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer. 3.08 FINAL CLEANING A. Clean debris from roofs, gutters, downspouts, and drainage systems. B. Clean site; sweep paved areas, rake clean landscaped surfaces. C. Remove waste, surplus materials, trash/rubbish, and construction facilities from the site; dispose of in legal manner; do not burn or bury. D. Review conditions of facility areas that were used for access, storage and work with Owner determine areas of damage and require repair or replacement. 3.09 CLOSEOUT PROCEDURES A. Make submittals that are required by governing or other authorities. B. Notify Architect when work is considered ready for Substantial Completion. C. Submit written certification that Contract Documents have been reviewed, work has been inspected, and that work is complete in accordance with Contract Documents and ready for Architect's review. D. Correct items of work listed in executed Certificates of Substantial Completion and comply with requirements for access to Owner-occupied areas. E. Notify Architect when work is considered finally complete. 1. Provide to Architect a copy of list of items of work (punch list) issued at time of Substantial Completion. On that list, each work item shall be checked off by Construction Superintendent, indicating the Superintendent has inspected and verified completion of each item and certifies that Project is ready for Final Inspection. F. Complete items of work determined by Architect's final inspection. END OF SECTION 01 7000    SELECTIVE DEMOLITION City of Bozeman – City Hall Masonry Repair 02 0700 / 1 Comma-Q Architecture, Inc. SECTION 02 0700 - SELECTIVE DEMOLITION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Removal of designated masonry building materials. 2. Removal of existing masonry construction to accommodate new construction. 3. Disconnecting and reconnecting identified utilities as necessary to perform work. 4. Installation of temporary partitions to allow continued building occupancy by Owner. 1.2 SUBMITTALS A. General: Submit in accordance with Section 01 3000. B. Schedules: 1. Submit schedule showing time and detailed sequence of demolition, removal of materials, arranged coordination for any shut-off, capping, and continuation of utility services. 2. Schedule demolition and removal work to ensure uninterrupted service of all utilities, or to obtain prior approval from the Owner for type, start date and duration of planned service outages. C. Submit following Informational Submittals: 1. Certifications specified in Quality Assurance article. 2. Qualification Data: Submit demolition contractor's qualifications. 1.3 PRE-DEMOLITION CONFERENCE A. Conduct conference in accordance with Section 01 3000 to discuss following: 1. Present draft of demolition schedule for review. 2. Coordinate phasing requirements. 3. Identify items to be protected and preserved before proceeding with work. 4. During walking inspection, photograph or otherwise determine and record existing physical conditions of boundary areas. Surfaces, equipment, or other items damaged during demolition work are to be restored to original condition as recorded during walking inspection. 5. Obtain agreement from Owner on day-to-day scheduling requirements and restrictions to avoid disruption of Owner operations resulting from demolition work, dirt, or noise. 1.4 PROJECT CONDITIONS A. Occupancy: 1. Owner will continuously occupy the building immediately adjacent to selective demolition areas. 2. Conduct selective demolition work in manner that will minimize need for disruption of Owner's normal operations. 3. Provide minimum of 72 hours advanced notice to Owner of demolition activities which will severely impact Owner's normal operations. 4. Maintain free and safe passage to and from Owner occupied areas. B. Existing Conditions: 1. Owner assumes no responsibility for actual condition of areas to be demolished. C. Hazardous Materials: 1. Inform Architect and Owner immediately upon discovery of asbestos products, radioactive materials, radon gas, toxic wastes, or other similar hazardous materials. 2. Strictly follow procedures and regulations applicable to hazardous materials. 3. Do not remove hazardous materials without Owner authorization. 4. Give special consideration to handling of material that may contain asbestos. Neither asbestos detection nor removal is part of this Contract, and direction relating to that type of work will be given by the Owner. 5. Architect will have no responsibility for detection, evaluation, or removal of asbestos materials, or for construction contract administration of removal process. City of Bozeman – City Hall Masonry Repair SELECTIVE DEMOLITION Comma-Q Architecture, Inc. 02 0700 / 2 D. Explosives: Not permitted. E. Traffic and Passageways: 1. Maintain accessibility for fire fighting apparatus. Provide alternate routes when closing or obstructing traffic ways when required by governing authorities. 2. Conduct demolition operations and debris removal to avoid interference with use of adjacent roads, streets, walks, and occupied facilities. 3. Obtain written permission from authorities having jurisdiction prior to closing or obstructing streets, walks, or other adjacent occupied facilities. 4. Ensure safe passage of persons around area of demolition. Provide and maintain temporary covered passageways; comply with requirements of governing authorities. F. Protection: 1. Perform Work in manner to eliminate hazards to persons or property and avoid interference with adjacent areas, utilities and structures. 2. Provide and maintain temporary barricades, fences, warning signs, guardrails, warning lights, weatherproof and dust partitions, and other similar provisions as necessary or required by applicable regulatory authorities for protection of building occupants and workers. 3. Maintain existing utilities which are to remain in service and protect from damage during demolition operations. 4. Do not interrupt existing utilities serving occupied facilities, except when authorized by Owner. Provide temporary services during interruptions to existing utilities as required by the Owner. Coordinate in advance with Owner utility shutdowns. 5. Protect from damage existing work indicated to remain. 6. When necessary to complete the specified work, existing improvements and appurtenances to remain shall be removed temporarily. All such appurtenances removed shall be reinstalled in as good or better condition than original. 7. Protect existing floors and walks with suitable coverings when necessary. 8. Construct temporary dustproof partitions and seal return air plenums where necessary to areas where noisy or dirt and dust operations are being performed. 9. Provide temporary weather protection for areas where existing exterior elements were removed to ensure no water leakage or damage occurs to structure or interior areas of existing building. 1.5 SCHEDULING A. Schedule work to conform to the approved construction progress schedule specified in Section 01 3000 (Submittal Procedures). B. Describe demolition removal procedures and schedule. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION 3.1 EXAMINATION A. Examine conditions and proceed with Work in accordance with Section 01 7000. B. Verify demolition areas are unoccupied. 3.2 PREPARATION A. Provide, erect, and maintain temporary barriers and security devices. B. All work shall be done in conformance with the rules and regulations pertaining to safety established by federal, state, and local authorities, and as specified elsewhere in the contract documents. C. Protect existing structures and landscaping materials which are not being demolished. D. Prevent movement or settlement of adjacent structures. Provide bracing and shoring as necessary and be responsible for safety and support of structure. Assume liability for such movement, settlement, damage, or injury. SELECTIVE DEMOLITION City of Bozeman – City Hall Masonry Repair 02 0700 / 3 Comma-Q Architecture, Inc. E. Utilities: 1. Mark and identify location of utilities to be disconnected. 2. The Contractor shall be responsible for having the appropriate utility or Owner turn off all services before demolition is started. Notify affected utility company in advance of date and time when service needs to be disconnected. 3. Disconnect and cap utility services; comply with requirements of governing authorities. Do not commence demolition operations until associated disconnections have been completed. 4. Provide temporary pumped or gravity drainage of existing Building 1 roof and courtyard drain outfall lines, from the time they are cut until the replacement lines are fully functional. 3.3 DEMOLITION A. General: 1. Conduct demolition to minimize interference with adjacent occupied building areas. 2. Cease demolition operations immediately if adjacent structures appear to be in danger. Conduct safety operations as necessary. Do not resume demolition operations until directed. 3. Conduct operations with minimum interference to public or private accesses. Maintain egress and access at all times. 4. Sprinkle debris with water to minimize dust. Provide hoses and water connections as necessary. 5. Do not cause flooding or contaminated runoff. B. Demolish existing masonry veneer as indicated in orderly and careful manner to accommodate new work. Protect supporting structural members and adjacent windows. Remove demolished materials from site daily and legally dispose of such materials. C. Report to Architect and Owner unanticipated damaged substrate materials such as sheathing, insulation, flashing or vapor barriers not identified to be replaced. After consultation with Architect and Owner, prepare to replace damaged substrate materials to match existing, with approval by Owner to proceed. D. Perform demolition in accordance with governing authorities. E. Report to Architect and Owner unanticipated mechanical, electrical, structural or utility elements which conflict with intended function or design when encountered. Submit report in writing. Rearrange demolition schedule as necessary to continue overall project progress without delay. F. Do not burn or bury materials or debris on site. Leave structures and site in clean condition. 3.4 ADJUSTING A. Repair demolition performed in excess of that required. B. Return structures and surfaces to remain to conditions existing prior to commencement of selective demolition Work. 3.5 CLEANING A. Broom clean demolition areas of dust, dirt, and debris caused by demolition operations. Return adjacent areas to condition existing prior to start of work. B. Remove temporary work and protection when no longer needed. END OF SECTION 02 0700 City of Bozeman – City Hall Masonry Repair UNIT MASONRY Comma-Q Architecture, Inc. 04 8100 / 1 SECTION 04 8100 - UNIT MASONRY PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes unit masonry assemblies consisting of the following: 1. Face brick veneer to be replaced with new face brick veneer. 2. Precast concrete sills to replace existing brick sills. 3. Mortar and grout to match existing. 4. Reinforcing steel. 5. Masonry joint reinforcement. 6. Ties and anchors. 7. Embedded flashing. 8. Miscellaneous masonry accessories. B. Related Sections include the following: 1. Division 7 Section "Joint Sealants" for joint materials installed in unit masonry veneer. 1.3 SUBMITTALS A. Product Data: For each different masonry unit, accessory, and other manufactured product specified. B. Samples for Initial Selection: For the following: 1. Unit masonry Samples in small-scale form showing the full range of colors and textures available for each different exposed masonry unit required. C. Samples for Verification: For the following: 1. Full-size units for each different exposed masonry unit required, showing the full range of exposed colors, textures, and dimensions to be expected in the completed construction. 2. Stone trim samples not less than 12 inches in length, showing the full range of colors and textures expected in the finished construction. 3. Weep holes/vents in color to match mortar color. 4. Accessories embedded in the masonry. D. Qualification Data: For firms and persons specified in "Quality Assurance" Article. E. Material Test Reports: From a qualified testing agency indicating and interpreting test results of the following for compliance with requirements indicated: 1. Each type of masonry unit required. a. Include size-variation data for brick, verifying that actual range of sizes falls within specified tolerances. b. Include test results, measurements, and calculations establishing net-area compressive strength of masonry units. UNIT MASONRY City of Bozeman – City Hall Masonry Repair 04 8100 / 2 Comma-Q Architecture, Inc. 2. Mortar complying with property requirements of UBC Standard 21-15. 3. Grout mixes complying with compressive strength requirements of UBC Standard 21-19. Include description of type and proportions of grout ingredients. F. Material Certificates: Signed by manufacturers certifying that each of the following items complies with requirements: 1. Each type of masonry unit required. a. Include size-variation data for brick, verifying that actual range of sizes falls within specified tolerances. b. Include test data, measurements, and calculations establishing net-area compressive strength of masonry units. 2. Each type and size of anchor, tie, and metal accessory. G. Cold-Weather Procedures: Detailed description of methods, materials, and equipment to be used to comply with cold-weather requirements. 1.4 QUALITY ASSURANCE A. Installer Qualifications: Engage and experienced installer who has complete unit masonry veneer similar in material, design and extent to that indicated for this Project and with a record of successful in-service performance. B. Source Limitations for Masonry Units: Obtain exposed masonry units of a uniform texture and color, or a uniform blend within the ranges accepted for these characteristics, through one source from a single manufacturer for each product required. C. Source Limitations for Mortar Materials: Obtain mortar ingredients of a uniform quality, including color for exposed masonry, from one manufacturer for each cementitious component and from one source or producer for each aggregate. D. Fire-Resistance Ratings: Where indicated, provide materials and construction identical to those of assemblies with fire-resistance ratings determined per ASTM E 119 by a testing and inspecting agency, by equivalent concrete masonry thickness, or by another means, as acceptable to authorities having jurisdiction. E. Sample Panels: Before installing unit masonry, build sample panels, using materials indicated for the completed Work, to verify selections made under sample Submittals and to demonstrate aesthetic effects. Build sample panels for each type of exposed unit masonry assembly in sizes approximately 32 inches long by 32 inches high by full thickness. 1. Locate panels in the locations indicated or, if not indicated, as directed by Architect. 2. Clean exposed faces of panels with masonry cleaner indicated. 3. Protect approved sample panels from the elements with weather-resistant membrane. 4. Maintain sample panels during construction in an undisturbed condition as a standard for judging the completed Work. 5. Approval of sample panels is for color, texture, and blending of masonry units; relationship of mortar and sealant colors to masonry unit colors; tooling of joints; aesthetic qualities of workmanship; and other material and construction qualities specifically approved by Architect in writing. a. Approval of sample panels does not constitute approval of deviations from the Contract Documents contained in sample panels, unless such deviations are specifically approved by Architect in writing. 1.5 DELIVERY, STORAGE, AND HANDLING City of Bozeman – City Hall Masonry Repair UNIT MASONRY Comma-Q Architecture, Inc. 04 8100 / 3 A. Store masonry units on elevated platforms in a dry location. If units are not stored in an enclosed location, cover tops and sides of stacks with waterproof sheeting, securely tied. If units become wet, do not install until they are dry. B. Store aggregates where grading and other required characteristics can be maintained and contamination avoided. C. Deliver preblended, dry mortar mix in moisture-resistant containers designed for lifting and emptying into dispensing silo. Store preblended, dry mortar mix in delivery containers on elevated platforms, under cover, and in a dry location or in a metal dispensing silo with weatherproof cover. D. Store masonry accessories, including metal items, to prevent corrosion and accumulation of dirt and oil. 1.6 PROJECT CONDITIONS A. Protection of Masonry: During construction, cover tops of walls, projections, and sills with waterproof sheeting at end of each day's work. Cover partially completed masonry when construction is not in progress. 1. Extend cover a minimum of 24 inches down both sides and hold cover securely in place. B. Stain Prevention: Prevent grout, mortar, and soil from staining the face of masonry to be left exposed or painted. Immediately remove grout, mortar, and soil that come in contact with such masonry. 1. Protect base of walls from rain-splashed mud and from mortar splatter by coverings spread on ground and over wall surface. 2. Protect sills, ledges, and projections from mortar droppings. 3. Protect surfaces of window and door frames, as well as similar products with painted and integral finishes, from mortar droppings. 4. Turn scaffold boards near the wall on edge at the end of each day to prevent rain from splashing mortar and dirt onto completed masonry. C. Cold-Weather Requirements: Do not use frozen materials or materials mixed or coated with ice or frost. Do not build on frozen substrates. Remove and replace unit masonry damaged by frost or by freezing conditions. Comply with cold-weather construction requirements contained in the International Building Code. 1. Cold-Weather Cleaning: Use liquid cleaning methods only when air temperature is 40 deg Fand above and will remain so until masonry has dried, but not less than 7 days after completing cleaning. D. Hot-Weather Requirements: Protect unit masonry work when temperature and humidity conditions produce excessive evaporation of water from mortar and grout. Provide artificial shade and wind breaks and use cooled materials as required. 1. When ambient temperature exceeds 100 deg F, or 90 deg F with a wind velocity greater than 8 mph, do not spread mortar beds more than 48 inches ahead of masonry. Set masonry units within one minute of spreading mortar. PART 2 - PRODUCTS 2.1 BRICK A. General: Provide shapes indicated and as follows for each form of brick required: UNIT MASONRY City of Bozeman – City Hall Masonry Repair 04 8100 / 4 Comma-Q Architecture, Inc. 1. Provide units without cores or frogs and with exposed surfaces finished for ends of sills and caps and for similar applications that would otherwise expose unfinished brick surfaces. B. Provide special shapes for applications requiring brick of size, form, color, and texture on exposed surfaces that cannot be produced by sawing. 1. Provide special shapes for applications where stretcher units cannot accommodate special conditions, including those at corners, movement joints, bond beams, sashes, and lintels. 2. Provide special shapes for applications where shapes produced by sawing would result in sawed surfaces being exposed to view. C. Face Brick: ASTM C 216, Grade SW, Type FBX, and as follows: 1. Unit Compressive Strength: Provide units with minimum average net-area compressive strength of 6000 psi. 2. Initial Rate of Absorption: Less than 30 g / 30 sq. in. per minute when tested per ASTM C 67. 3. Efflorescence: Provide brick that has been tested according to ASTM C 67 and is rated "not effloresced." 4. Surface Coloring: Brick with surface coloring, other than flashed or sand-finished brick, shall withstand 50 cycles of freezing and thawing per ASTM C 67 with no observable difference in the applied finish when viewed from 10 feet. D. Size, Color, and Texture: Match existing in size, texture, bond and coursing; color as selected by Architect to match existing. 1. Color 1: Similar to the existing salmon/buff colored brick on building: Interstate Brick, Desert Sand. 2. Color 2: Similar to existing dark colored brick on building: Interstate Brick, Baja Brown. 3. Provide Architect with color samples for selection verification. 4. Products: Subject to compliance with requirements, provide one of the following: a. Design Basis: Interstate Brick, www.interstatebrick.com b. Robinson Brick Co. c. Glen-Gery Brick. d. Other as equal brick Manufacturers, as approved by Architect. 5. A percentage of existing brick salvaged from the demolition for reuse, shall be used for infill and patching at non exposed areas. E. Provide 100 percent solid units without core holes where core holes or "frogs" would be exposed to view or weather when in final position. 2.2 PRECAST CONCRETE SILL UNITS A. Precast Architectural Concrete Units: Comply with PCI MNL-120, PCI MNL-122, PCI MNL-123, PCI MNL-135, and ACI 318. 1. Concrete Face Mix: Minimum 5000 psi (34 MPa), 28 day strength, air entrained to 5 to 7 per- cent; comply with ACI 301. 2. Design Loads: Static loads, anticipated dynamic loading, including positive and negative wind loads, thermal movement loads, and erection forces as defined by applicable code. City of Bozeman – City Hall Masonry Repair UNIT MASONRY Comma-Q Architecture, Inc. 04 8100 / 5 3. Calculate structural properties of units in accordance with ACI 318. 4. Replace as much Portland cement as possible with fly ash, ground granulated blast furnace slag, silica fume, or rice hull ash as is consistent with strength and appearance requirements. 5. Accommodate construction tolerances, deflection of building structural members, and clear- ances of intended openings. 6. Provide connections that accommodate building movement and thermal movement and ad- just to misalignment of structure without unit distortion or damage. B. Shapes: Provide shapes indicated on the drawings. C. Finish Type A: Ensure exposed-to-view finish surfaces of precast units are uniform in color and appearance. 2.2 MORTAR AND GROUT MATERIALS A. Portland Cement: ASTM C 150, Type I or II, except Type III may be used for cold-weather construction. Match existing color on the building. B. Hydrated Lime: UBC Standard 21-13, Type S. C. Portland Cement-Lime Mix: Packaged blend of portland cement complying with ASTM C 150, Type I or Type III, and hydrated lime complying with ASTM C 207. D. Aggregate for Mortar: ASTM C 144; except for joints less than 1/4 inch thick, use aggregate graded with 100 percent passing the No. 16 sieve. 1. White-Mortar Aggregates: Natural white sand or ground white stone, match existing color on the building. E. Cold-Weather Admixture: Nonchloride, noncorrosive, accelerating admixture complying with ASTM C 494, Type C, and recommended by the manufacturer for use in masonry mortar of composition indicated. F. Water-Repellent Admixture: Liquid water-repellent mortar admixture intended for use with concrete masonry units, containing integral water repellent by same manufacturer. G. Water: Potable. H. Motor Cement: ASTM C 1329. I. Masonry Cement: ASTM C 91. J. Products: Subject to compliance with requirements, provide one of the following: 1. Cold-Weather Admixture: a. Accelguard 80; Euclid Chemical Co. b. Morseled; W. R. Grace & Co., Construction Products Division. c. Trimix-NCA; Sonneborn, Div. of ChemRex, Inc. 2. Water-Repellent Admixture: a. Mortar Tite; Addiment Inc. b. Dry-Block Mortar Admixture; W. R. Grace & Co., Construction Products Division. c. Rheopel; Master Builders 2.3 REINFORCING STEEL A. Uncoated Steel Reinforcing Bars: ASTM A 615/A 615M, ASTM A 616A / 616M, including supplement 1; or ASTM A 617/A 617M Grade 60. UNIT MASONRY City of Bozeman – City Hall Masonry Repair 04 8100 / 6 Comma-Q Architecture, Inc. 2.4 TIES AND ANCHORS, GENERAL A. General: Provide ties and anchors, specified in subsequent articles, made from materials that comply with this Article, unless otherwise indicated. B. Hot-Dip Galvanized Carbon-Steel Wire: ASTM A 82; with ASTM A 153, Class B-2 coating. C. Steel Sheet, Galvanized after Fabrication: ASTM A 366/A 366M cold-rolled, carbon-steel sheet hot-dip galvanized after fabrication to comply with ASTM A 153. 2.5 BENT WIRE TIES A. General: Rectangular units with closed ends and not less than 4 inches wide. Z-shaped ties with ends bent 90 degrees to provide hooks not less than 2 inches long may be used for masonry constructed from solid units or hollow units laid with cells horizontal. B. Wire: Fabricate from 3/16-inch- diameter, hot-dip galvanized steel wire. 2.6 ANCHORS FOR CONNECTING TO CONCRETE A. General: Provide two-piece assemblies that allow vertical or horizontal adjustment but resist tension and compression forces perpendicular to plane of wall. B. Anchor Section: Dovetail anchor section formed from 0.0528-inch thick, steel sheet, galvanized after fabrication. C. Tie Section: Triangular-shaped wire tie, sized to extend within 1 inch of masonry face, made from 0.1875-inch- diameter, hot-dip galvanized steel wire. 2.7 RIGID ANCHORS A. General: Fabricate from steel bars as follows: B. 1-1/2 inches wide by 1/4 inch thick by 24 inches long, with ends turned up 2 inches or with cross pins. C. Finish: Hot-dip galvanized to comply with ASTM A 153. 2.8 ADJUSTABLE MASONRY-VENEER ANCHORS A. General: Provide two-piece assemblies that allow vertical or horizontal adjustment but resist tension and compression forces perpendicular to plane of wall, for attachment over sheathing to wood or metal studs, and as follows: B. Structural Performance Characteristics: Capable of withstanding a 100-lbf load in both tension and compression without deforming or developing play in excess of 0.05 inch. C. Screw-Attached, Masonry-Veneer Anchors: Units consisting of a wire tie section and a metal anchor section complying with the following requirements: D. Anchor Section: Sheet metal plate with screw holes top and bottom and with raised rib-stiffened strap stamped into center to provide a slot between strap and plate for connection of wire tie. Select longer lengths below for Hohmann & Barnard's "DW-10"; shorter lengths for others. E. Products: Subject to compliance with requirements, provide one of the following: 1. D/A 210 with D/A 700-708; Dur-O-Wal, Inc. a. 315-D with 316; Heckman Building Products, Inc. City of Bozeman – City Hall Masonry Repair UNIT MASONRY Comma-Q Architecture, Inc. 04 8100 / 7 b. DW-10HS; Hohmann & Barnard, Inc. c. 1004, Type III; Masonry Reinforcing Corporation of America. 2.9 MISCELLANEOUS ANCHORS A. Dovetail Slots: Furnish dovetail slots with filler strips, of slot size indicated, fabricated from 0.0336-inch, galvanized steel sheet. 2.10 EMBEDDED FLASHING MATERIALS A. Metal Flashing: Fabricate from the following metal below: 1. Stainless Steel: 0.0156 inch thick. 2. Fabricate through-wall metal flashing embedded in masonry from sheet metal indicated above and with ribs at 3-inch intervals along length of flashing to provide an integral mortar bond. 3. Fabricate metal expansion-joint strips from sheet metal indicated above, formed to shape indicated. 4. Fabricate metal drip edges from sheet metal indicated above. Extend at least 3 inches into wall and 1/2 inch out from wall, with a hemmed outer edge bent down 30 degrees. 5. Fabricate metal flashing terminations from sheet metal indicated above. Extend at least 3 inches into wall and out to exterior face of wall. At exterior face of wall, bend metal back on itself for 3/4 inch and then down into joint 3/8 inch to form a stop for retaining sealant backer rod. 1. Products: Subject to compliance with requirements, provide one of the following: a. Metal Flashing: i. Cheney Flashing (Dovetail); Cheney Flashing Company, Inc. ii. Cheney Flashing (Sawtooth); Cheney Flashing Company, Inc. iii. Keystone 3-Way Interlocking Thruwall Flashing; Keystone Flashing Co. iv. Dur-O-Wall Flashing, Dur-O-Wall, Inc. v. Sandell Manufacturing Company, Inc. 2.11 MISCELLANEOUS MASONRY ACCESSORIES A. Compressible Filler: Premolded filler strips complying with ASTM D 1056, Grade 2A1; compressible up to 35 percent; of width and thickness indicated; formulated from [neoprene] [urethane] [or] [PVC]. B. Bond-Breaker Strips: Asphalt-saturated, organic roofing felt complying with ASTM D 226, Type I (No. 15 asphalt felt). D. Plastic Weep Hole/Vent: One-piece, flexible extrusion made from UV-resistant polypropylene copolymer, designed to fill head joint with outside face held back 1/8 inch from exterior face of masonry, in color selected from manufacturer's standard. E. Cavity Drainage Material: Depth to match existing condition, free-draining mesh; made from polyethylene strands [and shaped to avoid being clogged by mortar droppings]. F. Reinforcing Bar Positioners: Wire units designed to fit into mortar bed joints spanning masonry unit cells with loops for holding reinforcing bars in center of cells. Units are formed from 0.187- inch steel wire, hot-dip galvanized after fabrication. a. Provide units with either two loops or four loops as needed for number of bars indicated. G. Available Products: Subject to compliance with requirements, cavity drainage materials that may be incorporated into the Work include, but are not limited to, the following: I. Products: Subject to compliance with requirements, provide one of the following: 1. Plastic Weep Hole/Vent: UNIT MASONRY City of Bozeman – City Hall Masonry Repair 04 8100 / 8 Comma-Q Architecture, Inc. a. Mortar New Weep Vents, Mortar Net USA, Inc. b. Cell Vent; Dur-O-Wal, Inc. 2. Cavity Drainage Material: a. Mortar Break; Advanced Building Products, Inc. b. Mortar Net; Mortar Net USA, Ltd. c. Mortar Stop; Polytite Manufacturing Corp. 2.12 MASONRY CLEANERS A. Job-Mixed Detergent Solution: Solution of 1/2-cup dry measure tetrasodium polyphosphate and 1/2-cup dry measure laundry detergent dissolved in 1 gal. of water. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine conditions, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance. B. For the record, prepare written report, endorsed by Installer, listing conditions detrimental to performance. C. Verify that foundations are within tolerances specified. D. Delete subparagraph below if not applicable. E. Verify that reinforcing dowels are properly placed. F. Proceed with installation only after unsatisfactory conditions have been corrected. G. Before installation, examine rough-in and built-in construction to verify actual locations of piping connections. 3.3 INSTALLATION, GENERAL A. Thickness: Build cavity and composite walls and other masonry construction to the full thickness shown. Build single-wythe walls to the actual widths of masonry units, using units of widths indicated. B. Build chases and recesses to accommodate items specified in this Section and in other Sections of the Specifications. C. Leave openings for equipment to be installed before completing masonry. After installing equipment, complete masonry to match the construction immediately adjacent to the opening. D. Cut masonry units with motor-driven saws to provide clean, sharp, unchipped edges. Cut units as required to provide a continuous pattern and to fit adjoining construction. Where possible, use full-size units without cutting. Allow units cut with water-cooled saws to dry before placing, unless wetting of units is specified. Install cut units with cut surfaces and, where possible, cut edges concealed. E. Select and arrange units for exposed unit masonry to produce a uniform blend of colors and textures. F. Wetting of Brick: Wet brick before laying if the initial rate of absorption exceeds 30 g/30 sq. in. per minute when tested per ASTM C 67. Allow units to absorb water so they are damp but not wet at the time of laying. 3.4 CONSTRUCTION TOLERANCES A. Comply with tolerances in ACI 530.1/ASCE 6/TMS 602 and the following: B. For conspicuous vertical lines, such as external corners, door jambs, reveals, and expansion and control joints, do not vary from plumb by more than 1/4 inch in 20 feet, nor 1/2 inch maximum. C. For vertical alignment of exposed head joints, do not vary from plumb by more than 1/8 inch in 10 feet, nor 1/4 inch maximum. City of Bozeman – City Hall Masonry Repair UNIT MASONRY Comma-Q Architecture, Inc. 04 8100 / 9 D. For conspicuous horizontal lines, such as exposed lintels, sills, parapets, and reveals, do not vary from level by more than 1/4 inch in 20 feet, nor 1/2 inch maximum. E. For exposed bed joints, do not vary from thickness indicated by more than plus or minus 1/8 inch, with a maximum thickness limited to 1/2 inch. Do not vary from bed-joint thickness of adjacent courses by more than 1/8 inch. F. For exposed head joints, do not vary from thickness indicated by more than plus or minus 1/8 inch. Do not vary from adjacent bed-joint and head-joint thicknesses by more than 1/8 inch. 3.5 LAYING MASONRY WALLS A. Lay out walls in advance for accurate spacing of surface bond patterns with uniform joint thicknesses and for accurate location of openings, movement-type joints, returns, and offsets. Avoid using less-than-half-size units, particularly at corners, jambs, and, where possible, at other locations. Match existing patterns. B. Built-in Work: As construction progresses, build in items specified under this and other Sections of the Specifications. Fill in solidly with masonry around built-in items. C. Fill space between hollow-metal frames and masonry solidly with mortar, unless otherwise indicated. 3.6 MORTAR BEDDING AND JOINTING A. Lay solid brick-size masonry units with completely filled bed and head joints; butter ends with sufficient mortar to fill head joints and shove into place. Do not deeply furrow bed joints or slush head joints. B. At cavity walls, bevel beds away from cavity, to minimize mortar protrusions into cavity. As work progresses, trowel mortar fins protruding into cavity flat against the cavity face of the brick. C. Set precast sill trim units in full bed of mortar with vertical joints slushed full. Fill dowel, anchor, and similar holes solid. Wet stone-joint surface thoroughly before setting; for soiled stone surfaces, clean bedding and exposed surfaces with fiber brush and soap powder and rinse thoroughly with clear water. D. Tool exposed joints to match existing on building, unless otherwise indicated. 3.7 CAVITIES A. Keep cavities clean of mortar droppings and other materials during construction. B. Use wood strips temporarily placed in cavity to collect mortar droppings. As work progresses, remove strips, clean off mortar droppings, and replace in cavity. 3.8 ANCHORING MASONRY VENEERS A. Anchor masonry veneers to wall framing & concrete backup with masonry-veneer anchors to comply with the following requirements: B. Fasten each anchor section through sheathing to wall framing & to concrete with two metal fasteners of type indicated. C. Fasten anchors through sheathing to wall framing & to concrete backup with metal fasteners of type indicated. D. Embed tie sections in masonry joints. Provide not less than 2 inches of air space between back of masonry veneer and face of sheathing. E. Locate anchor sections to allow maximum vertical differential movement of ties up and down. F. Space anchors as indicated, but not more than 16 inches o.c. vertically and 24 inches o.c. horizontally with not less than 1 anchor for each 2.67 sq. ft. of wall area. Install additional anchors within 12 inches of openings and at intervals, not exceeding 36 inches, around perimeter. UNIT MASONRY City of Bozeman – City Hall Masonry Repair 04 8100 / 10 Comma-Q Architecture, Inc. 3.9 EXPANSION JOINTS A. General: Install expansion joints in unit masonry where previously located. Build-in related items as masonry progresses. Do not form a continuous span through movement joints unless provisions are made to prevent in-plane restraint of wall or partition movement. 3.10 FLASHING, WEEP HOLES, AND VENTS A. General: Install embedded flashing and weep holes in masonry at shelf angles, lintels, ledges, other obstructions to downward flow of water in wall, and where indicated. B. Prepare masonry surfaces so they are smooth and free from projections that could puncture flashing. Unless otherwise indicated, place through-wall flashing on sloping bed of mortar and cover with mortar. Before covering with mortar, seal penetrations in flashing with adhesive, sealant, or tape as recommended by flashing manufacturer. C. Install flashing to match existing and as indicated on the drawings. D. Install weep holes to match existing and as indicated on the drawings. E. Install vents in vertical head joints at the top of each continuous cavity at spacing indicated. Use plastic weep hole/vents to form vents. 3.11 REPAIRING, POINTING, AND CLEANING A. Remove and replace masonry units that are loose, chipped, broken, stained, or otherwise damaged or that do not match adjoining units. Install new units to match adjoining units; install in fresh mortar, pointed to eliminate evidence of replacement. B. Pointing: During the tooling of joints, enlarge voids and holes, except weep holes, and completely fill with mortar. Point up joints, including corners, openings, and adjacent construction, to provide a neat, uniform appearance. Prepare joints for sealant application. C. In-Progress Cleaning: Clean unit masonry as work progresses by dry brushing to remove mortar fins and smears before tooling joints. D. Final Cleaning: After mortar is thoroughly set and cured, clean exposed masonry as follows: 1. Remove large mortar particles by hand with wooden paddles and nonmetallic scrape hoes or chisels. 2. Test cleaning methods on sample wall panel; leave one-half of panel uncleaned for comparison purposes. Obtain Architect's approval of sample cleaning before proceeding with cleaning of masonry. 3. Protect adjacent stone and non-masonry surfaces from contact with cleaner by covering them with liquid strippable masking agent, polyethylene film, or waterproof masking tape. 4. Wet wall surfaces with water before applying cleaners; remove cleaners promptly by rinsing the surfaces thoroughly with clear water. 5. Clean brick by the bucket-and-brush hand-cleaning method described in BIA Technical Notes No. 20, using job-mixed detergent solution. 3.12 MASONRY WASTE DISPOSAL A. Recycling: Unless otherwise indicated, excess masonry materials are Contractor's property. At completion of unit masonry work, remove from Project site. END OF SECTION 04 8100 City of Bozeman – City Hall Masonry Repair ROUGH CARPENTRY Comma-Q Architecture, Inc. 06 1000 - 1 SECTION 06 1000 - ROUGH CARPENTRY PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Replacement of discovered damaged plywood sheathing during masonry demolition. 1.3 DEFINITIONS A. Rough Carpentry: Carpentry work not specified in other Sections and not exposed, unless otherwise specified. 1.4 DELIVERY, STORAGE, AND HANDLING A. Keep materials under cover and dry. Protect from weather and contact with damp or wet surfaces. Provide for air circulation within and around stacks and under temporary coverings. PART 2 - PRODUCTS 2.1 LUMBER, GENERAL A. Lumber Standards: Comply with DOC PS 20, "American Softwood Lumber Standard," and with applicable grading rules of inspection agencies certified by ALSC's Board of Review. B. Inspection Agencies: Inspection agencies, and the abbreviations used to reference them, include the following: 1. WCLIB - West Coast Lumber Inspection Bureau. 2. WWPA - Western Wood Products Association. 2.2 WALL SHEATHING A. Plywood Wall Sheathing: Match existing thickness, provide fire-retardant-treated plywood panels with grade, C-D Plugged Exposure 1. 2.3 FASTENERS A. General: Provide fasteners of size and type indicated that comply with requirements specified in this Article for material and manufacture. 1. Where rough carpentry is exposed to weather, in ground contact, or in area of high relative humidity, provide fasteners with a hot-dip zinc coating per ASTM A 153 or of Type 304 stainless steel. 2.4 METAL FRAMING ANCHORS A. Galvanized Steel Sheet: Hot-dip, zinc-coated steel sheet complying with ASTM A 653, G60 coating designation; structural, commercial, or lock-forming quality, as standard with manufacturer for type of anchor indicated. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL ROUGH CARPENTRY City of Bozeman – City Hall Masonry Repair 06 1000 - 2 Comma-Q Architecture, Inc. A. Discard units of material with defects that impair quality of rough carpentry and that are too small to use with minimum number of joints or optimum joint arrangement. B. Fit rough carpentry to other construction; scribe and cope as required for accurate fit. Correlate location of furring, nailers, blocking, grounds, and similar supports to allow attachment of other construction. 3.2 WOOD GROUNDS, NAILERS, BLOCKING, AND SLEEPERS A. Install wood grounds, nailers, blocking, and sleepers where shown and where required for screeding or attaching other work. Form to shapes shown and cut as required for true line and level of attached work. Coordinate locations with other work involved. 3.3 WOOD FURRING A. Install plumb and level with closure strips at edges and openings. Shim with wood as required for tolerance of finish work. 1. Firestop furred spaces of walls at each floor level and at ceiling with wood blocking or noncombustible materials, accurately fitted to close furred spaces. END OF SECTION 06 1000 City of Bozeman – City Hall Masonry Repair JOINT SEALANTS Comma-Q Architecture, Inc. 07 9010 - 1 SECTION 07 9010 - JOINT SEALANTS PART 1 - GENERAL 1.1 SUMMARY A. This Section includes joint sealants for the following locations: 1. Exterior joints in vertical surfaces and nontraffic horizontal surfaces where indicated on the drawings and otherwise not provided as part of work under other sections of the specifications. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 4 Section “Unit Masonry”. 1.2 SYSTEM PERFORMANCE REQUIREMENTS A. Provide elastomeric joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. 1.3 SUBMITTALS A. Product data from manufacturers for each joint sealant product required. 1. Certification by joint sealant manufacturer that sealants plus the primers and cleaners required for sealant installation comply with local regulations controlling use of volatile organic compounds. B. Samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. C. Certificates from manufacturers of joint sealants attesting that their products comply with specification requirements and are suitable for the use indicated. D. Compatibility and adhesion test reports, as outlined in Article “Quality Assurance” from elastomeric sealant manufacturer indicating that materials forming joint substrates and joint sealant backings have been tested for compatibility and adhesion with joint sealants. Include sealant manufacturer's interpretation of test results relative to sealant performance and recommendations for primers and substrate preparation needed to obtain adhesion. 1.4 QUALITY ASSURANCE A. Single Source Responsibility for Joint Sealant Materials: Obtain joint sealant materials from a single manufacturer for each different product required. B. Preconstruction Compatibility and Adhesion Testing: Submit to joint sealant manufacturers samples of materials that will contact or affect joint sealants for compatibility and adhesion testing as indicated below: 1. Use test methods standard with manufacturer to determine if priming and other specific joint preparation techniques are required to obtain rapid, optimum adhesion of joint sealants to joint substrates. a. Perform tests under normal environmental conditions that will exist during actual installation. 2. Testing will not be required when joint sealant manufacturer is able to submit joint preparation data required above that are acceptable to Architect and are based on JOINT SEALANTS City of Bozeman – City Hall Masonry Repair 07 9010 - 2 Comma-Q Architecture, Inc. previous testing of current sealant products for adhesion to, and compatibility with, joint substrates and other materials matching those submitted. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver materials to Project site in original unopened containers or bundles with labels indicating manufacturer, product name and designation, color, expiration period for use, pot life, curing time, and mixing instructions for multicomponent materials. B. Store and handle materials in compliance with manufacturer's recommendations to prevent their deterioration or damage due to moisture, high or low temperatures, contaminants, or other causes. 1.7 PROJECT CONDITIONS A. Environmental Conditions: Do not proceed with installation of joint sealants under the following conditions: 1. When ambient and substrate temperature conditions are outside the limits permitted by joint sealant manufacturer. 2. When ambient and substrate temperature conditions are outside the limits permitted by joint sealant manufacturer or below 40 deg F. 3. When joint substrates are wet. B. Joint Width Conditions: Do not proceed with installation of joint sealants where joint widths are less than allowed by joint sealant manufacturer for application indicated. C. Joint Substrate Conditions: Do not proceed with installation of joint sealants until contaminants capable of interfering with their adhesion are removed from joint substrates. PART 2 - PRODUCTS 2.1 MATERIALS, GENERAL A. Compatibility: Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. B. Colors: Provide color of exposed joint sealants to comply with the following: 1. Provide selections made by Architect from manufacturer's full range of standard colors for products of type indicated. 2.2 ELASTOMERIC JOINT SEALANTS A. Elastomeric Sealant Standard: Provide manufacturer's standard chemically curing elastomeric sealants that comply with ASTM C 920; Base Polymer; Type; Grade; and Use Related to Exposure. B. Neutral cure silicone conforming to FS TT-S-001543A, ASTM C 920. Nonsag, Type S, Class 25, Traffic or Non-traffic per application. Follow manufacturers recommendations for cleaning, priming and installation. Use in the following exterior locations and other exterior joints not indicated: 1. Exterior Insulated Glazing 2. Hollow Metal 3. Aluminum Flashing 4. Masonry and Concrete. City of Bozeman – City Hall Masonry Repair JOINT SEALANTS Comma-Q Architecture, Inc. 07 9010 - 3 2.3 JOINT SEALANT BACKING A. General: Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. B. Plastic Foam Joint Fillers: Preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam of material indicated below and of size, shape, and density to control sealant depth and otherwise contribute to producing optimum sealant performance: 1. Closed-cell polyethylene foam, nonabsorbent to liquid water and gas, nonoutgassing in unruptured state. C. Bond-Breaker Tape: Polyethylene tape or other plastic tape as recommended by sealant manufacturer for preventing sealant from adhering to rigid, inflexible joint filler materials or joint surfaces at back of joint where such adhesion would result in sealant failure. Provide self- adhesive tape where applicable. 2.4 MISCELLANEOUS MATERIALS A. Primer: Material recommended by joint sealant manufacturer where required for adhesion of sealant to joint substrates indicated, as determined from preconstruction joint sealant-substrate tests and field tests. B. Cleaners for Nonporous Surfaces: Chemical cleaners acceptable to manufacturers of sealants and sealant backing materials, free of oily residues or other substances capable of staining or harming in any way joint substrates and adjacent nonporous surfaces, and formulated to promote optimum adhesion of sealants with joint substrates. C. Masking Tape: Nonstaining, nonabsorbent material compatible with joint sealants and surfaces adjacent to joints. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine joints indicated to receive joint sealants, with Installer present, for compliance with requirements for joint configuration, installation tolerances, and other conditions affecting joint sealant performance. Do not proceed with installation of joint sealants until unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to comply with recommendations of joint sealant manufacturer and the following requirements: 1. Remove all foreign material from joint substrates that could interfere with adhesion of joint sealant, including dust, paints (except for permanent, protective coatings tested and approved for sealant adhesion and compatibility by sealant manufacturer), old joint sealants, oil, grease, waterproofing, water repellents, water, surface dirt, and frost. 2. Clean concrete, masonry and similar porous joint substrate surfaces by brushing, grinding, blast cleaning, mechanical abrading, or a combination of these methods to produce a clean, sound substrate capable of developing optimum bond with joint sealants. Remove loose particles remaining from above cleaning operations by vacuuming or blowing out joints with oil-free compressed air. B. Joint Priming: Prime joint substrates where indicated or where recommended by joint sealant manufacturer based on preconstruction joint sealant-substrate tests or prior experience. Apply primer to comply with joint sealant manufacturer's recommendations. Confine primers to areas of joint sealant bond; do not allow spillage or migration onto adjoining surfaces. JOINT SEALANTS City of Bozeman – City Hall Masonry Repair 07 9010 - 4 Comma-Q Architecture, Inc. C. Masking Tape: Use masking tape to prevent contact of sealant with adjoining surfaces that otherwise would be permanently stained or damaged by such contact or by cleaning methods required to remove sealant smears. Remove tape immediately after tooling without disturbing joint seal. 3.3 INSTALLATION OF JOINT SEALANTS A. General: Comply with joint sealant manufacturer's printed installation instructions applicable to products and applications indicated, except where more stringent requirements apply. B. Sealant Installation Standard: Comply with recommendations of ASTM C 1193 for use of joint sealants as applicable to materials, applications, and conditions indicated. 1. Install bond breaker tape between sealants where backer rods are not used between sealants and joint fillers or back of joints. C. Tooling of Nonsag Sealants: Immediately after sealant application and prior to time skinning or curing begins, tool sealants to form smooth, uniform beads of configuration indicated, to eliminate air pockets, and to ensure contact and adhesion of sealant with sides of joint. Remove excess sealants from surfaces adjacent to joint. Do not use tooling agents that discolor sealants or adjacent surfaces or are not approved by sealant manufacturer. 1. Provide flush joint configuration, per Figure 5B in ASTM C 1193, where indicated. a. Use masking tape to protect adjacent surfaces of recessed tooled joints. 3.4 CLEANING A. Clean off excess sealants or sealant smears adjacent to joints as work progresses by methods and with cleaning materials approved by manufacturers of joint sealants. 3.5 PROTECTION A. Protect joint sealants during and after curing period from contact with contaminating substances or from damage resulting from construction operations or other causes so that they are without deterioration or damage at time of Substantial Completion. If, despite such protection, damage or deterioration occurs, cut out and remove damaged or deteriorated joint sealants immediately after cure so that and installations with repaired areas are indistinguishable from original work. END OF SECTION 07 9010 City of Bozeman – City Hall Masonry Repair Comma-Q Architecture, Inc. END OF PROJECT MANUAL