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HomeMy WebLinkAbout15- Contract and Notice of Award with Montana Lines INC for North 7th Avenue Lighting Improvements c ntr ct Documents far N. 7t" Avenue Lighting Improvements - 2015 for the City of Bozeman Bozeman, Montana July 2015 MMI#0417.063' Note: Bid form shall not be removed from this bound copy. Prepared by: R1 Bid Form Signed MORRISON 21 Addendums Acknowledged � MAIERLE, INC. An Emplovee-Owned Compony R1 10% Bid Security Enclosed Bozeman Montana Name of Bidder Montane Lines, Inc'. Address 2800 Upper River Road, Great Falls, MT 59405 Telephone No. 1-406-727-1316 Project No. 0417.063 set No. 1 Cover.doc Revised January,2010' Notice to Proceed Dated 07/27/15 Project:N. 7th Avenue Lighting Owner:City of Bozeman Owner's Contract No.: Improvements-2015 N/A Contract:N. 7th Avenue Lighting Improvements-2015 Engineer's Project No.: 0417.063 Contractor: Montana Lines Inc. Contractor's Address: [send Certified Mail, Return Receipt Requested] 2800 Upper River Road,Great Falls, MT 59405 You are notified that the Contract Times under the above contract will commence to run on July 27, 2015. On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the number of days to achieve Substantial Completion is 90, and the number of days to achieve readiness for final payment is 120. Before you may start any Work at the Site, Paragraph 2.01.13 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site,you must[add other requirements]: 1. Shop submittals shall be approved by the Engineer. Contractor Owner Received by: Given by: Authorized Sign t re - Title Title Date Date Copy to Engineer Notice to Proceed—Page 1 of 1 EJCDC-550 Prepared by the Engineers Joint Contract Documents Committee 24 Notice to Proceed_072715.doc Revised January 2010 i PROJECT MANUAL FOR N. 7T" AVENUE LIGHTING IMPROVEMENTS - 2015 FOR THE CITY OF BOZEMAN P.O. BOX 1230 BOZEMAN, MT 59771-1230 Prepared by: AJ MORMON Morrison-Maierle, Inc. 41A MMERLE,INC 2880 Technology Blvd. QUAUTYASSURANCE P.O. Box 1113 Kevin Jacobsen Bozeman, MT 59718 Project Manager Phone: (406) 587-0721 Jack Schunke Fax: (406) 922-6702 Office Manager or CIA Coordinator David Landsverk/Roger Somerville i May 2015 Peer Reviewer April 2, 2015 Q.A.Approval Date 0417.063-088-000314 I Q.A.Project No. p�N J� G EKE I A Written By: KDJ Checked By: QQL/RS JA 0('� �_i4 i J Pr '�U Approved by: _ Kevin Q. Jacobsen, P.E. 'o,�� s•� .•��`��� [Project Manager or Project Principal) ���'irS�OINA\�` �`��� PROJECT NO: 0417.063 l 2 Project Manual Title Page.doc Revised January,2010 s TABLE OF CONTENTS I N. 7T" AVENUE LIGHTING IMPROVEMENTS - 2015 SECTION TITLE WHITE PAPER 00100 INVITATION TO BID i 00200 INSTRUCTIONS TO BIDDERS YELLOW PAPER 00300 BID FORM INFORMATION REQUIRED OF BIDDERS NONCOLLUSION AFFIDAVIT AFFIRMATION OF COMPLIANCE WITH CITY OF BOZEMAN RESOLUTION NO. 4250 00430 BID BOND FORM (EJCDC No. C-430, 2010 Edition) WHITE PAPER 00500 AGREEMENT FORM 00610 PERFORMANCE BOND (EJCDC No. C-610, 2010 Edition) 00615 PAYMENT BOND (EJCDC No. C-615, 2010 Edition) BLUE PAPER 00700 STANDARD GENERAL CONDITIONS FOR THE CONSTRUCTION CONTRACT (MMI No. C-700, 2010 Edition; Issued November, 2012) i 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS � 00910 SPECIAL PROVISIONS YELLOW PAPER 00915 ELECTRICAL SPECIAL PROVISIONS PINK PAPER PREVAILING WAGE RATES (MT. Dept. Of Labor & Industry) WHITE PAPER MISCELLANEOUS FORMS NOTICE OF AWARD NOTICE TO PROCEED 3 CHANGE ORDER FIELD ORDER WORK CHANGE DIRECTIVE ORDER TO CONTRACTOR TO SUSPEND WORK ORDER TO CONTRACTOR TO RESUME WORK APPLICATION FOR PAYMENT Table of Contents—Page 1 of 4 3 TOC.doc Revised January,2010 TABLE OF CONTENTS — CONT'D N. 7T" AVENUE LIGHTING IMPROVEMENTS - 2015 CERTIFICATE OF SUBSTANTIAL COMPLETION CONTRACTORS CERTIFICATE AND RELEASE SUBCONTRACTOR RELEASE SURETY'S CONSENT TO FINAL PAYMENT GREEN PAPER TECHNICAL SPECIFICATIONS MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS The Montana Public Works Standard Specifications (MPWSS), Sixth Edition, April 2010, shall apply on this project, subject to the modifications and additions provided in the City of Bozeman Modifications to Montana Public Works Standard Specifications, Sixth Edition, dated March 31, 2011, including Addendum No. 1, dated August 26, 2013. All of the above are incorporated herein by reference and shall be subject to the modifications and additions provided in the following Technical Specifications. The asterisked (*) MPWSS technical sections have been specifically identified in this Table of Contents for convenience, but are not bound in this Project Manual. SECTION TITLE DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010 Summary of Work SECTION 01019 Contract Considerations SECTION 01025 Measure and Payment SECTION 01027 Applications for Payment SECTION 01035 Change Order Procedures SECTION 01040 Coordination and Site Conditions SECTION 01041 Project Coordination SECTION 01050 Field Engineering SECTION 01090 References* SECTION 01300 Submittals SECTION 01400 Contractor Quality Control and Owner Quality Assurance SECTION 01500 Construction Facilities and Temporary Controls SECTION 01560 Environmental Quality Control SECTION 01570 Construction Traffic Control SECTION 01600 Product Shipment, Handling, Storage, and Protection SECTION 01700 Contract Closeout SECTION 01770 Substantial Completion DIVISION 2 - SITEWORK SECTIONS 02100 — SITE PREPARATION Table of Contents—Page 2 of 4 3 TOC.doc Revised January,2010 TABLE OF CONTENTS — CONT'D i N. 7T" AVENUE LIGHTING IMPROVEMENTS - 2015 i SECTION TITLE SECTION 02112 Removal of Existing Pavement, Concrete, Curb, Sidewalk, Driveway and/or Structures* SECTION 02113 Adjusting Existing Manholes, Lampholes, Inlets, Water Valve Boxes, Water Services and Fire Hydrants to Grade* SECTION 02114 Relocating or Removing Utility Poles, Street Signs and Mailboxes* i SECTIONS 02200 - EARTHWORK SECTION 02221 Trench Excavation and Backfill for Pipelines and Appurtenant Structures* SECTION 02230 Street Excavation, Backfill and Compaction* SECTION 02234 Sub Base Course* SECTION 02235 Crushed Base Course* SECTIONS 02500 - PAVING AND SURFACING SECTION 02502 Asphalt Prime and/or Tack Coat* SECTION 02510 Asphalt Concrete Pavement* SECTION 02515 Portland Cement Concrete Pavement* SECTION 02528 Concrete Curb and Gutter* SECTION 02529 Concrete Sidewalks, Driveways, Approaches, Curb Turn Fillets, Valley Gutters and Miscellaneous New Concrete Construction* SECTIONS 02900 - LANDSCAPING SECTION 02910 Seeding* SECTION 02920 Hydraulic Seeding* DIVISION 26 - ELECTRICAL SECTIONS 260000 - ELECTRICAL SECTION 260519 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES SECTION 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS SECTION 260533 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS SECTION 262713 ELECTRICITY UTILITY METERING SECTION 265600 EXTERIOR LIGHTING Table of Contents— Page 3 of 4 3 TOC.doc Revised January,2010 TABLE OF CONTENTS - CONT'D N. 7T" AVENUE LIGHTING IMPROVEMENTS - 2015 END OF TABLE OF CONTENTS Table of Contents— Page 4 of 4 3 TOC.doc Revised January,2010 i SECTION 00100 INVITATION TO BID Separate sealed bids for construction of N. 7t" Avenue Lighting Improvements — 2015 will be received by the City of Bozeman at the office of the City Clerk, City Hall, 121 N. Rouse Avenue, P.O. Box 1230, Bozeman, Montana, 59771-1230 until 2:00 PM local time on Tuesday, June 9t", 2015, and then publicly opened and read aloud. i The physical address is: City Clerk's Office, Suite 202, City Hall, 121 No. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk's Office, Suite 202, City Hall, P.O. Box 1230, Bozeman, Montana 59771. Bids must be received before 2 p.m. Tuesday, June 9tt', 2015. Original copies must be submitted- no faxed or electronic bids will be accepted. Late bids will be returned unopened. Each bid shall be submitted in a sealed envelope. The envelope shall be clearly marked on the outside with the bidder's name, address, contractor's registration number and the following language: "BID PROPOSAL FOR N. 7T" AVENUE LIGHTING IMPROVEMENTS — 2015" The project generally consists of, but is not necessarily limited to, the following major items: • Installation of new decorative luminaires; • Retrofitting new luminaire arms on existing signal poles; • Retrofitting existing HPS lamps with new LED kits; • Painting of poles/signals; • Sidewalk, boulevard, curb and gutter, and paving improvements The work will be done under a single contract. The Contract Documents consisting of half size Drawings and Project Manual may be viewed or obtained by either electronic documents on-line, or a hard copy at the office Invitation to Bid -00100 - Page 1 of 4 4 00100.doc 00100_invitation_to_bid_m pw_ejcdc_07_10_2014.doc of Morrison-Maierle, Inc., 2880 Technology Boulevard West, Bozeman, MT 59718. Only firms obtaining documents by these methods will be placed on the Planholders List. Complete electronic Project Plans, Project Specifications, and Bid Proposal Packet are available at the Morrison-Maierle, Inc. website "www.m-m.net", click on the "Project Bidding" tab, then "Browse Current Projects" and select this project from the project list. Documents can only be viewed on the Morrison-Maierle, Inc. website, and cannot be downloaded or printed without purchasing. To purchase and download the project documents in pdf format, click "Download Project PDF" and sign on to QuestCDN.com or join for a free membership. Plan documents can be downloaded for a fee of $40.00. Please contact QuestCDN at 952-233-1632 or email "info@questcdn.com" for assistance in the free membership registration, downloading, and working with this digital project information. A hard copy set of project documents may be obtained for a non-refundable fee of $200.00 for each complete set from the office of Morrison-Maierle, Inc., 2880 Technology Boulevard West, Bozeman, MT 59718, phone: 406-587-0721, fax: 406- 922-6702. Payment of an additional $25.00 is required for express mail. In addition, the drawings and Project Manual may also be examined at the following locations: • Bozeman City Engineers Office, Al Stiff Professional Building, 20 East Olive, Bozeman, Montana; • Bozeman Builders Exchange, 1105 Reeves Rd. W., Suite 800, Bozeman, MT 59718; • The offices of the consulting engineer, Morrison-Maierle, Inc., 2880 Technology Blvd. W., Bozeman, MT, 59715; • Other regional plan centers. Invitation to Bid -00100-Page 2 of 4 4 00100.doc 00100_i nvitation_to_bid_m pw_ejcdc_07_10_2014.doc Contract documents will be available for pickup, mailing, or electronic download starting May 18th, 2015 at 2:00 P.M. There will be a Pre-Bid Conference at the office of Morrison-Maierle, Inc., at 10:00 o'clock on May 26th, 2015. Interested CONTRACTOR'S are encouraged to attend. A i tour of the project site may be conducted after the meeting if there is interest. CONTRACTOR(s) and any of the CONTRACTOR's subcontractors bidding on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. Forms for registration can also be obtained online at MT.Contractor.Com. CONTRACTOR' are not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR(s) or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of the United States and the state of Montana in accordance with the schedule of Montana Prevailing Wage Rates established by the Montana Department of Labor and Industry included in the Project Manual. The CONTRACTOR must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. Discrimination in the performance of any contract awarded under this Invitation to Bid on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the warded entity's employees and to all subcontracts. Every entity submitting under this Invitation to Bid must sign and return the required affirmation. The affirmation is included in Section 00300-Bid Form of the bidding documents. Failure to comply with the above shall be cause for the City to deem the Bidder's Bid Submittal non-responsive. Invitation to Bid -00100- Page 3 of 4 4 00100.doc 00100_i nvitation_to_bid_m pw_ejcd c_07_10_2014.doc i Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman, in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS shall furnish an approved Construction Performance Bond and a Construction (Labor and Materials) Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of the Bids specified above. The right is reserved to reject any or all Proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the Cit of Bozeman. The CONTRACTOR(s) is required to be an Equal Opportunity Employer. Published at Bozeman, Montana this 17th day of May, 2015 Stacy Ulmen, CIVIC City Clerk (Title) Address: 121 North Rouse Avenue Bozeman , Montana 59715 Publication Dates: May 17, 2015 May 24, 2015 May 31, 2015 Invitation to Bid -00100 - Page 4 of 4 4 00100.doc 00100_invitation_to_bid_m pw_ejcdc_07_10_2014.doc SECTION 00200 INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS ARTICLE 1 - DEFINED TERMS ......................................................................................3 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS........................................................3 ARTICLE 3 - QUALIFICATIONS OF BIDDERS...............................................................3 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, ANDSITE .................................................................................................4 ARTICLE 5 - DELETED...................................................................................................7 ARTICLE 6 - SITE AND OTHER AREAS ........................................................................7 ARTICLE 7 - INTERPRETATIONS AND ADDENDA.......................................................8 ARTICLE 8 - BID SECURITY ..........................................................................................8 ARTICLE 9 - CONTRACT TIMES....................................................................................9 ARTICLE 10 - LIQUIDATED DAMAGES .........................................................................9 ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS.................................................9 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS ...............................9 ARTICLE 13 - PREPARATION OF BID.........................................................................10 ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS ..............................................11 ARTICLE 15 - SUBMITTAL OF BID ..............................................................................12 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID.......................................14 ARTICLE 17 - OPENING OF BIDS................................................................................14 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE..................................14 ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT.......................14 Instructions to Bidders -00200- Page 1 of 21 5 00200.doe c-200—instructions—to—bidders,_mmi—mpw-ejcdc-4-19-2013.doc ARTICLE 20 - CONTRACT SECURITY AND INSURANCE..........................................15 ARTICLE 21 - SIGNING OF AGREEMENT...................................................................17 ARTICLE 22 - MONTANA STATE LAWS AND REGULATIONS...................................17 ARTICLE 23 - MPW STANDARD SPECIFICATIONS ...................................................18 ARTICLE 24 - COMPLIANCE WITH LABOR STANDARDS AND WAGE RATE REQUIREMENTS ...................................................................................18 ARTICLE25 - DELETED...............................................................................................19 ARTICLE26 - DELETED...............................................................................................18 ARTICLE27 - RETAINAGE...........................................................................................18 ARTICLE28 - DELETED...............................................................................................18 ARTICLE29 - DELETED...............................................................................................18 ARTICLE 30 - PAYMENTS AND BIDDER BREAKDOWN OF BIDS .............................18 ARTICLE 31 - NOTICE OF APPROVAL OF PAYMENT REQUEST PROVISION ........18 ARTICLE 32 - NOTICE OF EXTENDED PAYMENT PROVISION ................................18 ARTICLE 33 - DELETED...............................................................................................18 ARTICLE 34 - BOZEMAN BUSINESS LICENSE ..........................................................20 ARTICLE 35 - NONDISCRIMINATION IN EMPLOYMENT - EQUAL OPPORTUNITY CLAUSE..................................................................................................20 Instructions to Bidders -00200- Page 2 of 21 5 00200.doc c-200_i nstructions_to_bidd ers,_m m i_mpw-ej cdc_4_19_2013.doc I SECTION 00200 i INSTRUCTION TO BIDDERS ARTICLE 1 - DEFINED TERMS t 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder--The individual or entity who submits a Bid directly to OWNER. B. Issuing Office--The office [identified in the Invitation to Bid] from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the [Advertisement or] Invitation to Bid may be obtained from the Issuing Office. The deposit will not be refunded. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, the Bidder shall submit written evidence such as financial data, previous experience in performing comparable work, business and technical organization, present commitments, and such other data as may be called for below or in the Supplementary Conditions. A form entitled "Information Required of Bidders" is included with the Bid Form documents for the purpose of the Contractor furnishing this information and shall be submitted with the Bid Documents at the time of the Bid Opening. A. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. No Bidder will be acceptable if he is engaged in any other work which impairs his ability of meeting all requirements herein stipulated. Instructions to Bidders-00200 - Page 3 of 21 5 00200.doc c-2 00_i n s tru ct i o n s_to_b i d d e rs,_m m i_m p w-ej cd c_4_19_2 013.d o c B. In determining the lowest responsible bid, the following elements will be considered; whether the Bidder involved: 1. maintains a permanent place of business; 2. has adequate plant and equipment to do the work properly and expeditiously; 3. has a suitable financial status to meet obligations incident to the work; and 4. has appropriate technical experience. C. Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance this contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by OWNER for examination by any Bidder at the Issuing Office on request. Those reports and drawings are not part of the Contract Documents, but the "technical data"contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, Instructions to Bidders -00200 - Page 4 of 21 5 00200.doc c-2 0 0_i n s tru ct i o n s_to_b i d d e rs,_m m i_m pw-ej cd c_4_19_2013.d o c including OWNER, or others. OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof unless expressly provided otherwise elsewhere. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to the Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in the Supplementary Conditions will be made available by OWNER for examination by any Bidder at the Issuing Office on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions has been identified and established in paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Responsibility for Adequacy of Data Furnished A. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, Underground Facilities, and other physical conditions, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.05 Access to the Site A. On request, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill and compact all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavations and utility locates. 4.06 Other Work at the Site A. Reference is made to Article 7 of the Supplementary Conditions or other sections of the Project Manual for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. Instructions to Bidders-00200- Page 5 of 21 5 00200.doc c 200_instructions_to_bidders,_mmi_mpw-ejcdc_4_19_2013.doc B. Paragraph 6.13.0 of the General Conditions indicates that if an Owner safety program exist, it will be noted in the Supplementary Conditions. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. Examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. Visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; including but not limited to those general and local conditions affecting transportation, disposal, handling and storage facilities, availability of labor,water, power, roads, climatic conditions and seasons, physical conditions at the work Sites and project area as a whole, job site topography and ground conditions, equipment and facilities needed preliminary to and during work prosecution; C. Become familiar with and satisfy Bidder as to all Federal, State, and Local Laws and Regulations that may affect cost, progress, or performance of the Work; D. Carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities)that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data"; E. Consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on(1)the cost, progress,and performance of the Work; (2)the means, methods,techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; F. Agree at the time of submitting its Bid that no further examinations, investigations, explorations,tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. Become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; H. Correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; Instructions to Bidders-00200 - Page 6 of 21 5 00200.doc c-200_instructions_to_bidders,_m m i_mpw-ejcdc_4_19_2013.doc i I. Promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 Representation Made by Submitting a Bid A. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the 'Bidding Documents and applying any specific means, methods, techniques, sequences, and/or procedures of construction that may be shown or indicated or expressly required b Y p Y q Y the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents and any written resolutions are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.09 Electronic Bidding Documents A. The Contractor agrees that the digital files provided for this Project are the property of the Owner and instruments of the professional service of Morrison-Maierle, Inc., and these entities shall retain all common law, statutory law and other rights, including the copyrights thereto. The Owner and Morrison-Maierle, Inc. make no representation as to the compatibility of the electronic files with the Contractor's software and shall not be responsible for any consequences caused by the incompatibility of the Contractor's software with the software used by Morrison-Maierle, Inc. to prepare or create the digital files. The Owner and Morrison-Maierle, Inc. will not be responsible for any consequences resulting from the Contractor's conversion of the digital files to a different format. The Contractor shall not alter or modify the digital files in any way. The Contractor shall not use the data contained in the electronic files for any purpose other than for use in relation to the referenced Project. ARTICLE 5 — PRE-BID CONFERENCE 5.01 A pre-Bid conference will be held at the time, date and place specified in the Invitation to Bid. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS Instructions to Bidders -00200 - Page 7 of 21 5 00200.doc c-200_i nstructions_to_bidders,_m m i_m pw-ej cdc_4_19_2013.doc 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than ten (10)days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 7.03 Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal, shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid and on the Bid Form. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to OWNER in an amount of ten percent (10%) of Bidder's maximum Bid price and in the form of a cashier's check, certified check, bank money order, or bank draft, in any case drawn and issued by a national banking association located in Montana or by any banking corporation incorporated under the laws of Montana; or a Bid Bond on the form attached issued by a surety authorized to do business in Montana meeting the requirements of paragraphs 5.01 and 5.02 of the General Conditions. Bid bonds shall be countersigned by an insurance producer licensed in Montana. 8.02 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award,whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within fifteen (15) days after the Notice of Award, OWNER may consider Bidder to be in default, annul the Notice of Award and the Bid security of that Bidder will be forfeited. Such forfeiture shall be OWNER's exclusive remedy if Bidder defaults. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven (7) Instructions to Bidders -00200 - Page 8 of 21 5 00200.doc c-200_in structions_to_bidd ers,_mm i_m pw-ej cd c_4_19_2013.d oc i days after the Effective Date of the Agreement or sixty-one(61)days after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven working days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for final payment are set forth in Section 00300 Bid Form and Section 00500 Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in Section 00300 Bid Form and Section 00500 Agreement. ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or"or- equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or-equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in Paragraph 6.05 of the General Conditions and may be supplemented in the Supplementary Conditions or the General Requirements of the technical specifications. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 When required by the Supplementary Conditions for the Contractor to identify certain Subcontractors, Suppliers, individuals, or entities, all Bidders shall submit to OWNER with their bid a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualifications for each such Subcontractor, Supplier, individual, or entity. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. 12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may determine such Bidder to be non-responsive and reject the Bid, and may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Instructions to Bidders -00200 - Page 9 of 21 5 00200.doc c-200_instructions_to_bidders,_m m i_m pw-ejcd c_4_19_2013.doc Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance afterthe Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions. 12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from ENGINEER; however, the Bid must be made on the forms provided in the Project Manual. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words "No Bid," No Change," or "Not Applicable" entered. 13.03 A Bid by a corporation must be executed in the corporate name by the president or a vice-president or other corporate officer who is authorized to bind the corporation, and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by evidence of authority to sign. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner,whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership must be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The State of formation of the firm and the official address of the firm must be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a Joint Venture shall be executed by each Joint Venturer in the manner indicated on the Bid Form. The official address of the Joint Venture must be shown. 13.08 All signatures are to be in ink and names must be typed or printed in ink below the signatures. The title of the person(s) executing the Bid shall be clearly indicated beneath the signature(s). Instructions to Bidders -00200 - Page 10 of 21 5 00200.doc c-200_i nstru ctions_to_bidders,_m m i_m pw-ej cdc_4_19_2013.doc 4 r 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form. A copy of all acknowledged Addenda shall be attached to the Bid Form. Bids in which all issued addenda are not acknowledged will be considered incomplete and will not be read. 13.10 The address and telephone number for communications regarding the Bid must be shown. 13.11 The Bid must contain evidence of Bidder's authority and qualification to do business in Montana or covenant to obtain such qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's current Montana state contractor registration number must be shown on the Bid Form. 13.12 The Bid will not be considered unless accompanied by proper Bid Security in accordance with Article 8 of these Instructions to Bidders. 13.13 The Bid may not be considered unless all attached forms or certifications in this Project Manual are completed. Depending on federal assistance regulations, these may include, but are not limited to: Noncollusion Affidavit Certification of Nonsegregated Facilities DBE Certifications EEO Certifications Clean Air Act and Water Pollution Control Act Certifications Federal Lobbying Certification 13.14 Alternate Bids will not be considered unless called for. 13.15 Bids by telephone, telegraph, fax or other telecommunication systems will not be considered. 13.16 No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Bids A. Bidders shall submit a Bid on a unit price and/or lump sum basis for each item of Work listed in the Bid Schedule as provided in the Bid Form and as described below. The Bid will not be considered unless the Bid Form contains prices for all unit price and/or lump sum items, and alternates, as shown on the Bid Form. Bids and totals shall be shown legibly in their proper locations. The Total Amount of the Bid shall be legibly written and numerically presented in the proper places and the Bid Form shall be manually signed. Instructions to Bidders -00200 - Page 11 of 21 5 00200.doc c-200_i nstru ction s_to_bidders,_m m i_m pw-ej cdc_4_19_2013.d oc 14.02 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid Schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the corresponding unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 14.03 Allowances A. For cash allowances, the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, cost, profit and other expenses on account of cash allowances, if any, named in the Contract Documents in accordance with Paragraph 11.02.13 of the General Conditions. 14.04 The low Bidder will be determined on the basis of the sum of the lowest total Lump Sum Base Bid without consideration of any additive or deductive alternate bids for lump sum proposals. The Owner reserves the right to exercise any or all additive or deductive alternatives in any combination after the lowest acceptable proposal has been determined. 14.05 Where the Bid Form allows the Bidder to submit separate price proposals from additional manufacturers on a particular equipment item for Owner's consideration, the Bidder shall list only such manufacturer's equipment that will comply with the specified design in function, performance, general configuration, material quality, durability, and that will meet the completion schedule. Equipment proposed that is different from the listed equipment shall have preliminary submittal information provided as discussed in the Bid Form. The Owner's initial selection of any alternative equipment shall not be construed to indicate final acceptance, nor relieve the successful Bidder and/or manufacturer of the equipment from providing submittal information necessary to properly evaluate the equipment selected and furnishing a completely satisfactory and operable system, including detailed information regarding such interfaces as are necessary for compatibility with and connection to other equipment, structures, and services as designed and specified. 14.06 If any of the listed items of equipment to be selected by the Owner are obviously unbalanced and, in the Owner's judgment, not realistic prices for the particular equipment, the Owner may request additional information to substantiate the prices prior to determination of the low Bidder or may reject the Bid Proposal. Instructions to Bidders -00200- Page 12 of 21 5 00200.doc c-200_i nstructions_to_bidders,_m mi_m pw-ej cdc_4_19_2013.doc i i 14.05 The right also is reserved for the Owner to negotiate with the responsible Bidder fi submitting the lowest responsive bid in the event such lowest bid exceeds the amount budgeted for this contract. Such negotiations, if the Owner elects to negotiate rather than to reject all proposals, shall be directly between the Owner and such Bidder. The Owner and such Bidder shall review the Contract Documents, and the Owner may provide such additional information as it deems appropriate to provide. Such Bidder then may be invited by the Owner to submit a revised bid. The Bidder may elect not to submit a revised bid, E and the Owner may reject any such revised bid. Such revised bid, if any, shall be submitted within thirty days from the date of the initial bid opening. ARTICLE 15 - SUBMITTAL OF BID 15.01 Each prospective Bidder on record with the Engineer has obtained one copy of the µ' Bidding Documents with one copy of the Bid Form included therein. The Bid Form is to be completed and submitted with the items listed below. For Bidders who have obtained the Project digitally via the Morrison-Maierle, Inc. "Project Bidding" link,the documents contain a listed "Bid Proposal Packet"section which includes all items required to be submitted as part of the Bid submittal. For Bidders who have obtained a bound copy of the Contract Documents, none of the Instructions to Bidders, Bid Form, Bond forms,Agreement, contract stipulations, or other specifications shall be removed from the bound copy of the Project Manual prior to submission of Bid.The Project Manual must be submitted with the Bid at the Bid Opening. A. Fill in all blanks on the Project Manual cover to be provided for the Bid Proposal. B. Complete all required items in the Bid Form. Submit Section 00300—Bid Form in its' entirety. C. Sign and attach all Addenda. D. Provide Bid Security in accordance with Article 7 of these Instructions to Bidders. E. Affirmation of compliance with the City of Bozeman Resolution No. 4250. F. Complete and provide all required forms and certifications as listed in Article 7 of the Bid Form. G. Other data required by the Instructions to Bidders, Bid Form, Supplementary Conditions or Bidding Documents. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be Instructions to Bidders -00200 - Page 13 of 21 5 00200.doc c-200_instructions_to_bidd ers,_m m i_m pw-ej cdc_4_19_2013.doc accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to: City of Bozeman Attn: Stacy Ullmen, City Clerk 121 N. Rouse Avenue Bozeman, MT 59715 15.03 Other Bid submittal requirements: A. The Bid will not be considered unless accompanied by proper Bid Security in accordance with Article 8 of these Instructions to Bidders. B. Alternative Bids will not be considered unless called for. C. Bids by telephone, telegraph, fax or other telecommunication systems will not be considered. 15.04 Statement of Bidder's Qualifications and Other Information: All Bidders shall be required to submit certain information as required in the form entitled "Information Required of Bidders" which is included with the Bidding Documents. This information shall be submitted with the Bid Documents at the time of the bid opening. Failure to comply with this requirement may render the Bid unresponsive and may result in the rejection of the Bid. Furthermore, failure of the low Bidder to provide this information shall be reason for the OWNER to make a claim against the bid security. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids, as called for in the Invitation to Bid. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s) who signed the Bid. 16.02 If, within twenty-four(24)hours after Bids are opened, any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work. 16.03 Bids and modifications or withdrawals thereof received at the office designated in the Invitation for Bid after the exact time set for opening of Bids will not be considered unless: They are received before award is made; and either(1)they are sent by registered mail, or by certified mail not later than the fifth calendar day before the date specified for the Bid for Instructions to Bidders -00200 - Page 14 of 21 5 00200.doc c-200_i nstructions_to_bidders,_m mi_m pw-ej cdc_4_19_2013.doc which an official dated post office stamp(postmark)on the original Receipt for Certified Mail has been obtained and it is determined by the OWNER that the late receipt was due solely to delay in the mail for which the BIDDER was not responsible; or(2) if submitted by mail, it is determined by the OWNER that the late receipt was due solely to mishandling by the OWNER after receipt at the OWNER's installation: PROVIDED, that timely receipt at such installation is established upon examination of an appropriate date or time stamp(if any)of such installation, or of other documentary evidence of receipt(if readily available)with the control of such installation or of the post office serving it; or (3) was sent by U.S. Postal Express Mail next day service not later than 5:00 P.M. at the place of mailing two working days prior to the date specified for receipt of Bids. 16.04 Bidders using certified mail are cautioned to obtain a Receipt for Certified Mail showing a legible, dated postmark and to retain such receipt against the chance that it will be required as evidence that a Bid was timely mailed. If the post mark on the original Receipt for Certified Mail does not show a date, the Bid shall not be considered. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place set for the opening as indicated in the Invitation to Bid and, unless obviously non-responsive, will be read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 — EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any and/or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. OWNER also reserves the right to reject the Bid of any Bidder if OWNER believes it would not be in the best interest of the Project to make an award to that Bidder, whether because Bid is not responsive, or the Bidder is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the OWNER. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of the Bidder and the rejection of all Bids in which that Bidder has an interest. Instructions to Bidders -00200- Page 15 of 21 5 00200.doc c-200_instructions_to_bidders,_m mi_mpw-ejcdc_4_19_2013.doc 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Bid Form or Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the responsible Bidder whose Bid is in the best interests of the Project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents, Bid price, and other appropriate factors. 19.07 If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within the time the Bid is to remain open as stated in the Bid form. 19.08 The OWNER reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the OWNER. 19.09 The OWNER reserves the right to cancel the award of any Agreement at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. 19.10 If, at the time this Contract is to be awarded, the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such other action as best serves the Owner's interests. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to Performance Bond, Payment Bond and insurance. When the successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds and insurance certificates. Instructions to Bidders -00200- Page 16 of 21 5 00200.doc c-200_i nstructions_to_bidders,_m m i_mpw-ej cdc_4_19_2013.doc f ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When OWNER gives a Notice of Award to the successful Bidder, it shall be i accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, successful Bidder shall sign and deliver six (6) counterparts of the Agreement and attached documents to OWNER. Within fifteen (15) days thereafter, OWNER shall deliver two fully signed counterparts to successful Bidder each with a complete set of the Drawings with appropriate identification and each with a complete Project Manual with specifications. ARTICLE 22 - MONTANA STATE LAWS AND REGULATIONS i 22.01 All applicable laws, ordinances and the rules and regulations of authorities having jurisdiction over construction of the project shall apply to the Contract throughout. State laws and ordinances which the CONTRACTOR must comply with, include but are not limited to, those involving workmen's compensation insurance, contractor registration, and gross receipts tax. 22.02 MONTANA CONTRACTOR REGISTRATION REQUIREMENT. Title 39, Chapter 9, Part 2, MCA stipulates the requirements for registration of CONTRACTORS with the Montana Department of Labor and Industry. Bidders are not required to be registered in Montana prior to bidding on this project, but must have registered prior to execution of the Agreement. Information pertaining to this requirement and registration forms may be obtained from the Montana Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011, or by calling 1-406-444-7734 or at their website http://erd.dli,mt.gov/mtcontractor/index,htmi. 22.03 ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS TAX). In accordance with Title 15, Chapter 50, MCA, the OWNER shall withhold, in addition to other amounts withheld as provided by law or specified herein, one percent(1%)of all payments due the CONTRACTOR and shall transmit such moneys to the Montana Department of Revenue. 22.04 BIDDER PREFERENCE. In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder from any state or country that enforces a preference in their state or country for their resident Bidders. The preference given to Montana resident Bidders will be equal to the preference given in the other state or country. This Bidder preference applies unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further, wherever possible, products manufactured and produced in the State, which are suitable substitutes for products manufactured or produced outside the State, and comparable in price, quality and Instructions to Bidders -00200 - Page 17 of 21 5 00200.doc c-200_instructions_to_bidders,_m m i_m pw-ej cd c_4_19_2013.d oc performance, shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. 22.05 LOCAL LABOR. CONTRACTOR shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. ARTICLE 23 - MPW STANDARD SPECIFICATIONS 23.01 The Montana Public Works Standard Specifications are referred to elsewhere in this document as the MPW Standard Specifications or MPWSS. Copies of the MPW Standard Specifications and all addenda are available from: Montana Contractors Association, Inc. 1717 11th Avenue Helena, MT 59601 Telephone: (406) 442-4162 ARTICLE 24 - COMPLIANCE WITH LABOR STANDARDS AND WAGE RATE REQUIREMENTS 24.01 For public works projects, pursuant to MCA 18-2-422, all laborer and mechanics employed by the CONTRACTOR(s) or subcontractors in performance of construction projects with a total cost in excess of $25,000, shall be paid, minimum wages in conformance with the prevailing State Wage Rates published by the Montana Department of Labor and Industry. The prevailing wage rate schedules are included herein. The OWNER does not guarantee that labor can be procured for the minimum wages shown on the referenced schedules. The rates of wages listed are minimum only, below which the CONTRACTOR cannot pay, and they do not constitute a representation that labor can be procured for the minimum listed. 24.02 The minimum wages included in the Project Manual are not controlling except as to the minimum for the purpose of Montana State Law or the Davis-Bacon Act; therefore, it is incumbent upon each employer to pay the standard prevailing rate of wages including fringe benefits for health and welfare and pension contributions, and travel allowance provisions in effect and applicable to the county or locality in which the work is being performed. The CONTRACTOR and all subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this project area. 24.03 "Standard Prevailing Rate of Wages" is defined by Section 18-2-401 MCA, as including wages,fringe benefits for health and welfare and pension contributions and travel allowance which are paid in the county or locality by other contractors for work of a similar character performed in that county or locality by each craft, classification or type of worker needed to complete a contract. Instructions to Bidders -00200- Page 18 of 21 5 00200.doc c-200_instructions_to_bidders,_m m i_mpw-ej cd c_4_19_2013.d oc 24.04 Any infraction of the Laws of the State of Montana covering Labor,Title 39, Chapters 1 through 73, MCA will be forwarded to the State of Montana Department of Labor and Industry. 24.05 "Travel Allowance", in effect at the time of contract award, and according to latest information received by the State of Montana Department of Labor and Industry, Labor Standards Division, shall be adhered to where applicable. i 24.06 Travel allowance if applicable, may or may not be all inclusive of "travel" and/or subsistence and travel time due employees. It is incumbent on the employer to determine the amounts due for each craft employed according to the method of computation outlined for each craft where applicable. 24.07 To comply with Montana Law Section 18-2-406 MCA, the Contractor shall post in a prominent and accessible site on the project work area, not later than the first day of work, a legible statement of all wages to be paid to the employees employed on the project. ARTICLE 25 — DELETED ARTICLE 26 - DELETED ARTICLE 27 - RETAINAGE 27.01 Provisions concerning Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. ARTICLE 28 - DELETED ARTICLE 29 - DELETED ARTICLE 30 — PAYMENTS AND BIDDER BREAKDOWN OF BIDS 30.01 Payment for all work performed under this Agreement will be made by the OWNER within the time period specified in and in accordance with the procedures outlined in the General Conditions. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty(30)days, progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. ARTICLE 31 - NOTICE OF APPROVAL OF PAYMENT REQUEST PROVISION 31.01 These Contract Documents and this Contract allows the OWNER to review and approve each CONTRACTOR's periodic payment request within 30 days after the request is received by the OWNER. ARTICLE 32 - NOTICE OF EXTENDED PAYMENT PROVISION Instructions to Bidders -00200- Page 19 of 21 5 00200.doc c-200_i nstruction s_to_bidders,_m m i_m pw-ej cd c_4_19_2013.doc 32.01 These Contract Documents and this Contract allow the OWNER to make periodic payments within 21 days after the OWNER's approval of each periodic payment request. ARTICLE 33 — DELETED ARTICLE 34 — BOZEMAN BUSINESS LICENSE 34.01 CONTRACTOR and all subcontractors will be required to obtain a current City of Bozeman business license prior to award of the Contract. The City Business License is not required for bidding. The license(s) may be obtained from the City of Bozeman. Information on requirements and cost of the license may be obtained by calling 406-582- 2300. Applications may be obtained at City Hall, 121 N. Rouse Ave. ARTICLE 35 — NONDISCRIMINATION IN EMPLOYMENT — EQUAL OPPORTUNITY CLAUSE 35.01 Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, national origin, sex, marital status, age, or political ideas. Bidders on this work will be required to comply with the President's Executive Orders No. 11246 as amended, 11458, 11518, and 11625. 35.02 During the performance of this Contract(s)the CONTRACTOR's and subcontractors agree not to discriminate in employment practices. During the performance of these Contract(s), the CONTRACTOR'S and subcontractors agree as follows: A. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The CONTRACTOR will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the CONTRACTOR's commitments under this agreement as required pursuant to Instructions to Bidders -00200- Page 20 of 21 5 00200.doc c-200_instructions_to_bidd ers,_m mi_m pw-ej cdc_4_19_2013.doc I I Section 301 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. z D. The CONTRACTOR will comply with all provisions of such Executive Order and of all relevant rules, regulations, and orders of the Secretary of Labor and any prior authority which remains in effect. f E. The CONTRACTOR will furnish all information and reports required by such r Executive Order, rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. In the event of the CONTRACTOR's noncompliance with the non-discrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further contracts in accordance with procedures authorized in such Executive Order and such other sanctions may be imposed and remedies invoked as provided in the such Executive Order or by such rule, regulation, or order, or as otherwise provided by law. The provisions of this "Equal Opportunity Clause" are not applicable to any contract not exceeding $10,000. END OF SECTION 00200 Instructions to Bidders -00200 - Page 21 of 21 5 00200.doc c-200_instructions_to_bidders,_m mi_mpw-ejcdc_4_19_2013.doc I 1 SECTION 00300 f BID FORM I PROJECT IDENTIFICATION: N. 7t"Avenue Lighting Improvements - 2015 City of Bozeman CONTRACT IDENTIFICATION AND NUMBER: MMI #0417.063 THIS BID IS SUBMITTED TO: City of Bozeman Attn: Stacy Ullmen, City Clerk 121 N. Rouse Avenue Bozeman, MT 59715 { ARTICLE 1 - CONTRACT 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents, to perform ;and furnish all Work as specified or indicated in the'Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. ARTICLE 2- BID TO REMAIN OPEN 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitations those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for sixty 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in Writing upon request of OWNER. ARTICLE 3-SUBMITTING THE BID 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. ' Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Section 00300 Page 1 of'11 6 00300.doc Revised January,2010 i1�4 '�- Addendum No. Addendum Date F , • i r B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities), if any, which have been identified in the Supplementary Conditions SC-4.02 as containing reliable "technical data", and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions SC-4.06 as containing reliable technical data". E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents;: and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress; and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding .Documents; and (3) Bidder's safety precautions and programs. F. Based on the information and observations referred to in Paragraph 3.01 E above, Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the;general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. Section 00300-Page 2 of 11. 6 00300.doe Revised January,2010 i H. Bidder has given ENGINEER written notice of all conflicts, ,errors,. ' ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 302 Bidder further certifies that: A. This,Bid is genuine and not ;made in the interest of or on behalf of any undisclosed;individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual, firm, or entity to refrain from bidding; D. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER; and E. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract, For the purposes of this Paragraph 3.02.E i. "corrupt practice means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid paces at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 6 00300.doc_ Section 00300 Page 3 of 11 Revised January,2010 3.03 The Bidder certifies that no official of the OWNER, ENGINEER or any member of such official's immediate family, has direct or indirect interest in the pecuniary profits or Contracts of the Bidder. ARTICLE 4- BID SHEET SCHEDULES 4.01 Bidder will complete the Work,-in accordance-with•the-Contracts Documents and the provisions below for the following price(s) as `summarized iR-the Bid Sheet Schedule(s) hereinafter. A. The Bidder understands and acknowledges that estimated'quantities are not guaranteed and are solely the purpose of comparing Bids from the various Bidders and that final payment under the Contract for all unit price bid items will be based on the actual quantities of work installed and measured in accordance with the Contract Documents'. Bidder will complete the Work for the price set forth in the following unit price or lump sum schedules. B. The Bidder agrees that all sales and use taxes are included in the stated bid prices for the work, unless provision is made herein for the Bidder to separately itemize the estimated amount of sales or use taxes. C. All specific cash allowances are included in the Lump Sum prices set forth below and have been computed in accordance with paragraph 11.02'of the General Conditions. D. Unit Prices have been computed in accordance with paragraph 11.03.13'of the General Conditions. The undersigned agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the Total Estimated Price and Total Amount of Unit Prices Bid as listed after extensions are checked and corrections made, if any, the Total Amount of Unit Prices Bid as corrected shall be used in awarding this Contract. E. The OWNER reserves the right to reject any or all bids. F. A single contract for the work shall be awarded. Bidders shall submit a Bid for all<Bid Schedules on a unit price and/or lump sum basis for each Item of Work listed as provided and described below. G. A contingency factor of approximately 10% has been used in estimating the quantities for the following items: Item 114 #8 THHN Copper Wire Item 115` #10 THHN Copper Wire Section-00300-Page 4 of 11 6 00300.doe Revised January,2010 N 7TH AVENUE LIGHTING IMPROVEMENTS-2015 BID SHEET The Bid for the following items shall be a unit price or lump sum bid for all construction work described in the Contract Documents. The bid price.shall include all temporary or permanent equipment, materials, supplies, and labor necessary to construct the item in accordance with the Contract Documents. ITEM ESTIMATED UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE PRICE 101 Mobilization/Demobilization 1 LS No more than 3%of Total Bid 102 Taxes, Bonds, insurance and 1 �R6t� Administration 1 LS 79)60 103 Electrical Demolition 1 LS 104 'Type E1 Luminalre Assembly 4 Ea 105 TypeE2 Luminalre Assembly 22 Ea 106 135W LED Retrofit Luminalre 33 Ea 107 215W LED Luminaire Replacement 2 Ea 108 Meter Pedestal 2 Ea 109 1"Schedule 40PVC Conduit 1860 LF 110 1"Schedule 80 PVC Conduit 874 LF 111 2"Schedule 40PVC Conduit 177 LF 112 2"Schedule 80PVC Conduit 270 LF Q 113 1"RGS Existing Pole Feeder 2 Ea00 06 114 #8 THHN Copper Wire 93.9 CLF s 115 #10 THHN Copper Wire 49.1 CLF 116 Handhole 7 Ea 117 Type E2 Luminalre Assembly— g Ea ,®Storage 118 Civil Component Construction, 1 LS � r� tM 3 (o J j, D D Complete 119 Painting Component Construction, Complete 1 LS 3�j,� ,0 31 9 DD Section`'00300-Page 5 of 11 6 00300.doc c-410--guideTto preparation ot_bid_form�mpw-ejcdc_December 2011 revision.doc TOTAL UNIT PRICE BID Total-Bid in Figures Bid in Words: iFl yE hEU1� � I �isAtJb u D �NT4 -n*KeE f k ARTICLE 5- CONTRACT TIME 501 The'.time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. 5.02 Bidder agrees that the work will be substantially complete and will be prepared to file a Certificate of Substantial Completion within 90 calendar;days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and will be completed and ready for final payment in accordance with paragraph-14.07 of the General Conditions within 120 calendar days after the date when the Contract Times commence to run. ARTICLE 6 - LIQUIDATED DAMAGES AND DAMAGES FOR ADDITIONAL ENGINEERING SERVICES 6:01 In the event the Bidder is awarded the Contract and shall fail to meet the Substantial 'Completion time limits provided by the Contract Documents, liquidated damages shall be paid to the OWNER by the Bidder at the rate stated in the Agreement until all work shall.be determined to meet the Substantial Completion requirements.of the Contract Documents. In addition, the Bidder shall pay to the OWNER damages at the rates specified in Sections 6.05 and 6.06 for expenses incurred by the OWNER for additional engineering services resulting from Bidder's failure to meet the Substantial Completion time limits, In the event the Bidder shall fail to meet the Final Completion time limits provided by the Contract Documents, liquidated damages shall be paid to the OWNER by the Bidder at the rate stated in the Agreement until all work shall be determined to meet the Final Completion requirements of the Contract Documents. In addition, the Bidder shall pay to the OWNER damages at the rates specified in Sections 6.05 and 6.06 for expenses incurred by the OWNER for, additional engineering services resulting from Bidder's failure to meet the Final Completion time limits. Section 00300-Page 6 of 1 i 6 00300.doc c-410_guide tooreparation of_bid form,_mpw-eicdc_December 2011_revision.doc 602 The Bidder agrees to pay these damages for failure to complete the work within the specified contract time both for compensation to the OWNER for non-use of the completed work and for compensation to the OWNER for expenses incurred by the OWNER for additional engineering services during the contract time.overrun. 603 The-Bidder further agrees to pay damages incurred by;the OWNER for additional engineering services necessitated by the Bidder furnishing materials, workmanship, and/or equipment not in conformance with the Contract Documents resulting in additional construction administration/observation work and/or redesign work by the Engineer; or any reestablishment of survey lines or benchmarks destroyed by the Bidder's actions; or additional work required by the failure of the Contractor to maintain adequate record documents. .6.04 Construction observation time will be accrued at straight time up to 40 hours per week and 1.5 times over 40 hours per week or legal holidays. The Contractor shall provide a construction schedule per 'Section 01300, SUBMITTALS. If the Contractor intends to work double shifts, then two construction observers-may be required. If two construction observers are on the job, then observation time will be accrued at straight time up to 40 hours per week per observer. 6.05 Damages for additional engineering services shall be determined based on the following hourly rates: Straight Time OvertimeEngineer $125.00/Hour $125.00/Hour Resident Observer $105.00/Hour $15750/Hour Surveyor $95.00/Hour Technician $142.50/Hour $85.00/Hour $127.50/Hour Clerical $55.00/Hour $82.50'/Hour 6.06 Out of pocket expenses for,materials, equipment, supplies, transportation and subsistence for additional engineering services shall be billed at cost plus 10 percent. 6.07 Liquidated damages and damages shall -be' deducted from monthly 'progress payments and the final payment as the damages are incurred. ARTICLE 7- BID DOCUMENTS 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the amount of 10% of the maximum Bid price including alternates, if any, and in the form of a Bid Bond (Section 00430), or other form of Bid Security as identified in the Instructions to Bidders. Section 00300- Page 7 of 11 6 00300.doo c-410_9uide to_preparation_o1 b1d_form�mpw-ejcdc_December_2011_ievision.doc 1. Surety. If the Bidder,is awarded a construction Contract on this Bid Form, the Surety who provides the Performance Bond and Payment Bond will be: AA.f opd DID hose address is F 4A Street City State Zip B. Non-Collusion Affidavit. C. Information Required of Bidders (tabulation of Subcontractors, Suppliers and other persons and organizations required to be identified in this Bid).; E. Acknowledge and attach all Addenda. G. Affirmation of compliance with the City of Bozeman Resolution No..4250. ARTICLE 8-MEANING OF TERMS. 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 - BID REJECTION 9.01 The OWNER reserves the right to reject any or all bids. ARTICLE 10- BID,SUBMISSION SUBMITTED on , 201.5-• Montana Contractor Registration No. [Employer's Tax ID No. _8l� L��/3y •] Section 00300-Page 8 of 11 6 00300.doc c-410_guide to_preparation_of bid form, mpw-ejcdc.December_201.1_revision.doe If Bidder Is: A Corporation Corporation Name: (SEAL) State of Incorporation: OA&ZW4 Type (General Business, Professional, Service, Limited Liability): 6!hjg5—kO-& OPKIA By: ignature --a �chmveidenr.%,m of authority to sign if not a Corporate officer) me (typed or printed): Title: �� Z'P Attest. r� (Corporate Seal) (Sign ture of Business address: -0y Phone No.: �/ FAX No.: j mail eW ,a1 Date of Qualification to do business.in Montana is An Individual Name (typed or printed): By: (SEAL) (lndividual's signature) Doing business as: Business address: Phone No.: FAX No.: Email Section 00300`= Page 8 of 11 6 00300.doc c•410Auide to—preparation of bid form�mpw-ejcdcTDecember_2011_revision.doc A Partnership Name (typed or printed): i (SEAL) By: (Individual's signature) Name (typed or printed): Business address: Phone No.: FAX No.: Email A Joint Venture (Each Joint Venture must sign.) Joint Venturer Name: (SEAL) (Signature of joint venture partner) Name (typed_or printed): Title: Business address: Phone No.: FAX No.: Email (SEAL) Joint Venturer Name: By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Sedon_00300-Page 10 of:11 6 00300.doc c-410_guide to—preparation_of_bid form_mpw ejcdc,December 2011_revision.doc Phone No.: FAX No.: Email Address of Joint Venture for Receipt of Official Communication: Address: Phone No.:, FAX No.: Email (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a'party to the joint venture should be in the manner indicated above.) END OF SECTION 00300 Section 00300-Page 11 of 11 6 00300.doc c-410_guide to_preparation of bid_form;_mpw-ejcdc_December 2011_revision.doc INFORMATION REQUIRED OF BIDDERS (Required of All Bidders with submittal of Bids at time of Bid Opening) The Bidder shall furnish the following information as specified in the Instructions To Bidders. Failure to do so may render the Bid unresponsive and may result in rejection of the Bid. Additional sheets as required may be attached. 1. Contractor name and address: AoNTANA 1.19%, Ix. .2 00 IJ PP6$k ILI VFR AID G 'r• r'A . tAT 6g4OdT 2. Contractor's telephone number: � Olo ya'2�11 3. Names and titles of major officers of Contractor firm: TMOR .LJV67SAY P IDEN—C GREG SWEAhma vIce 2EM Arr 4. Nam of Contrac or,s presentative who'inspe'ted the site. Date of Inspection: /.0/,01r 5. Name, address and telephone number of surety company and agent who will provide required bonds on this contact: Ns,r � �, T V �S yA�.�r°d�.Cr� ��1�t1►�J� looMMUDILS oPM, 70!!!:� -SQUAVE .a i8a arrGA++ �rn-C 6g4oA uA1rrFoR3> Ar owma �t���3- 14toy 6. Attach a list of three (3) construction contracts completed by the Bidder during the last 10 years involving similar work and the amount of the Contract. The list shall include projects the Bidder is currently working on along with the names,addresses, and the telephone numbers of the project owner representative most familiar with the details of the project. State the approximate'cost of each project along with the total amount of change orders as a percentage of the original bid price. 7. Bank reference. List the Bank name, Contact person, and telephone number: t~1 RsIr t bMRSTAM 'BANK 14EV 19 OS044 464-too,5d 8. Have you ever failed to complete any work awarded to you?' !10 If so, where and why?: 9. Have you ever defaulted on a contract? A O If so, where and why? Information Required of Bidders - 1 of 3 7 00300 IROB.doc Revised January 2010 i 10. Have you ever had any project terminated by the Owner? If so, where and why?: A/® 11 Are you involved in any lawsuits or are any lawsuits pending at the present time? O 4 If yes, give the details: 12 Will you, upon request,fill`out a'detailedfinancial statement and furnish any other information that maybe required by the Owner? Y S r 13. Name of the proposed resident project superintendent: Attach a resume of the proposed resident project superintendent including a list and description, of -all ;`projects on, which this individual has •acted as, project, superintendent along with the name, address, and telephone number of each project owner representative most familiar with the details of the project and the capabilities of the proposed project superintendent. 14. The Bidder shall list below the name, business address, and contractor=s license number, if any, of each subcontractor who will be working on this project along with the nature and value of work assigned to each subcontractor. No changes or substitutions will be allowed without written approval,of the Owner. Name: �t/YT Value: v Name: T Si�4 f�tc eon► rr Value: D53.1 L Q. SaK Name: " L t* v S FA(M 7- Value:� 13 d c� A �. C Name: Value: Name: Value: Information Required of Bidders - 2 of 3 7 00300 MOM= Revised January 2010 Greg Schraner - 2800 Upper River Rd` General Superintendent Great Falls, MT 59405' Vice President 24 Riverside Dr Montana Lines, Inc. Bozeman, MT 69715-9345` Greg Schraner is the General Superintendent and an Equipment Operator on one of our two Electrical crews. He is also our Job Site EEO Representative. Greg came to work for Montana Lines on July 1, 1986. During the winter season, Greg is a fug time mechanic in our shop. In addition, Greg has received the following training Technical Commercial Driver Exp. 08/22/2016 Polymer Slurry Drilled Shaft Seminar February 2011 Crane Operator License Exp. 4/4/15 Annual Forklift Training December 2012 Flagging Safety Certification June 2013, Exp. 6/28/16 Mobile Crane Inspector January 2014 Exp. 1/27/16 ATSSA-Traffic Control Supervisor June 2013 Exp. 6/28/2017 Work Zone Technician Jan 27, 2012 Small Crane Trainer Exp 03/31/2016 Safety Safety Culture Membership February 2012 Heart Savers CPR& First Aid Course February 2013 OSHA 10 Hr Construction Outreach Class September'2010 OSHA 8 hr HAZWOPER Refresher April 2013 Supervisor Training for Controlled Substances and Alcohol February 2012 Competent Person Training (Excavation & Shoring) February 2007 OSHA 40 hour HAZWOPER (Hazardous Waste Operations) January 2006 MT State Fund Developing a Safety Culture December 2004 OSHA Construction Trenching and Excavation Course April 2001 Work Zone Technician January 2012 Management EEO Officer's Assembly March 2011 Financial Management for the Closely Held Business November 2010 Required Supervisor Drug & Alcohol Training February 2014 Leadership Skills for Construction Contractors, Parts I & 11 January 1997 Civil Rights and EEO How to Supervise People February 2000 People Management in Construction January 1997 Honors Proclamation of Appreciation & Commendation from the City of Great Falls October'2000 Copies of the certificates will be made available upon request. 1. i MONTANA LINES,INC. EXPERIENCE STATEMENT OWNER OR ENGINEER OR Project Description Year GENERAL CONTRACTOR PHONE SIDNEY SW 2011 2012 TODD RAMBUR (406)655-1892 NH 2O.2(21)50 CMG CONSTRUCTION INC PO BOX 80252 BILLINGS,MT 59108 WHITEFISH-WEST 2013-2014 JAY MCMILLAN (406)758-6420 CBI-NHTSA 5-3(96)128 LHC, INCORPORATED PO BOX 7338 KALISPELL,MT 59904 10TH AVE S-WARDEN BR TO 6TH SW,ET AL 2013-2014 PAUL CINK NH 60-2(106)95;MH 60-2(93);NH 102... INTERSTATE IMPROVEMENTS (507)333-3677 PO BOX 8 FRIBAULT, MN 55021 WEST BOZEMAN INTERCHANGE 2013-2014 ALLAN FRANKL (406)761.8707 IM 90-6(113)306;IM 90-6(101)304&IM 90.6(141)308 DICK ANDERSON CONSTRUCTION 4610 Till HILL FRONTAGE ROAD GREAT FALLS,MT 59404 EAST BELGRADE INTERCHANGE-NORTH 2O13-2015 JOSH WALTER (406)388-6832 IM-MT-STPU 90-6(112)300 KNIFE RIVER PO BOX 9 BELGRADE, MT 59714 PERIOD LIGHTING CONRAD 2014.2015 BRAD KOON (406)447.3344 KADRMAS LEE&JACKSON 2969 AIRPORT ROAD, SUITE 1 B HELENA, MT 59601 SF 119-JCT US 89 S•431 2014 HAROLD WOODHUOSE (406)264-5262 HSIP 3-1(39)20 MONTANA DEPT OF TRANSPORTATION PO BOX 21 SUN RIVER,MT 59483-0021 TOWN PUMP BOZEMAN 2014 LEVI CLARK (406)587-4451 R&R TAYLOR CONSTRUCTION 1775 LOVE LANE BOZEMAN,MT 59718 SIGNALS-W HOLLY ST-SIDNEY 2015 KEVIN BAISCH (406)345-8240 HSIP 62-2(22)37 MT DEPT OF TRANSPORTATION PO BOX 890 GLENDIVE,MT 50330 BUFFALO STATION EXPANSION P66 2014 JOEL MARKING (406)856-1185 PRO PIPE CORPORATION PO BOX 307 FRENCHTOWN,MT 59834-0307 Wce o ;E x0 V GS OD M ems- � tNt1 H t°Dc N rn Z Q ui Z Do to M d M M 00 w WQ t0 � Za 1 ZZ WV L Oo a o a W ui z -{06 a WW > o oO IL � 4m 3w 3ax ce max. lL m Gf LL m OO 0 Zam tR'iOT NZ0W of Kn u) N 0 0 N N C O V U) m � Z , u ~ d 0 IL z 0 N O aai Zo F W W o Z W a)Z O H Z U O H W Ul �? Z ZZ w a J V Q IL W Q m F 0 W Oa Q � W O � X W 4 t� Quote # 15-0688 NORTH 7TH STREETSCAPE - PHASE-2 Date: 618/2015 Page 1 NORTHERN ROCKIES AGENCY 246 Timberline Drive ' Bozeman,MT59718 406.487-0513 nra@nmrep.com To; Kent Butterfield Job Nams: NORTH 7TH STREETSCAPE PHASE-2 C.E.D. P.O.Box 1808 Bozeman,MT 901 River Drive So.(59405) Great Falls,MT 59403 PHs 406-727-6151 Fax 406.727.0938 T' Mf nescri tlon' 4 E1 LUMC DMS55-020-245W80LED4K-001-R-LE3F-UNIV-DMG- SMB-PH8-BE2TX E1 LUMC LUMINAIRE PERMENANTLY DIMMED TO 215 28 E2 LUMC DMS50-135W80LED4K DMG-R-LE3F-120-SMB/ LUMC AC6-lA/SSM8W26-BAS30 2 -GFII-PSPCS- `LUMC 1X36X12 1/2-BA C-BACWS-009-BE2TX E2 LUMC ------.INCLUDES CUSTOM BREAK AWAY SKIRT COVER F_2 LUMC - -----DOES NOT INCLUDE BREAKAWAY COUPLINGS 28 COUP NRA ` 41 00-1 COUP NRA (SET OF FOUR 1.0"BREAKAWAY COUPLINGS W/ NUTS NRA - NRA`=+FREIGHT 33 RT9 LUMC LEDGINE-002=128468-60-DMS50-135WBOLEDgK-R- LE3F-UNIV-DMG 2 RT2 LUMC DMS55-020-245W80LED4K-OQ1-R-LE3F-UNIV-DMG SMB-PH6-13E2TX RT2 LUMC LUMINAIRE PERMENANTLY DIMMED TO 215 4 EXT MLBD 3608254-R206/MJ0450-GV/PT EXT MLBD TRAFFIC SIGNAL LUMINAIRE EXTENTION&MAST ARM 1 FRGT MLBD FREIGHT LEAD TIME IS 92-14 WEEKS AFTER RECIEPT OF SIGNED APPROVAL DRAWINGS, TQTAI,: LUMC Pre aid at$1 0001<$1000=$100 S&H MLBD freight/Includes Fret ht for sin le sh [Prices firm for ent b 7/8/2015 Shi ment b : Lead lime: Varies bv MFG. Pagel of-2 Name: Value: Name: Value: 15. The Bidder shall list below the name of the manufacturer and model or type of the listed items of equipment or materials. After the opening of bids, no changes or substitutions will be allowed without the express approval of the Engineer and the Owner. It is the responsibility of the Contractor to furnish materials and equipment I meeting the requirements of the Specifications,and acceptance of the Bid does not constitute nor imply approval of items proposed. The Owner reserves the right to j deny approval of any equipment or materials that do not comply with the 1 Specifications, even though listed herein: } SPECIFICATION I NUMBER ITEM MANUFACTURER MODEL � � Q /177 I _I fj ?,149r The undersigned hereby`authorizes and requests any person,firm or corporation to furnish any information requested by the Owner in verification of the recital comprising this statement of Bidder's qualifications and other Information Required of Bidders. The undersigned further agrees that they will not bring suit in a court of law for any information that is furnished to Owner in good faith by said parties or persons responding to Owner's requests for information concerning Bidder's qualifications. Dated this day of 20 aw Name'of Bidde e: END OF INFORMATION RE IRED OF BIDDERS Information Required of Bidders - 3 of 3 7 00300_IROB.doc Revised January 2010 NON-COLLUSION AFFIDAVIT (TO BE EXECUTED AND PROVIDED WITH BID FORM) STATE OF MONTANA,, ) r' ) SS COUNTY OF 6� being first duly sworn, deposes and says that he is (sole owner, a partner, president Greta etc.) of the party making the foregoing bid;that such bid is not made in the interest of or on behalf' of any undisclosed person,partnership,company,association,organization,or corporation; that such bid is genuine and not collusive or sham; that said.Bidder has not directly or indirectly induced or solicited any other Bidder to put in a' false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, nor that anyone shall refrain from bidding;that said Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of said Bidder or any other Bidder, nor to fix any overhead, profit, or cost element of such bid price, nor of that of any other Bidder, nor to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract;that all statements contained in such bid are true; and, further, that said Bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, nor the contents thereof, nor divulged information or data relative thereto, nor paid and will not pay fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, nor to any member or agent thereof, nor to any other individual except to such person or persons as have a partnership or other financial interest with said Bidder in his general business. Signed: Ti Subscribed and sworn to before m this day day of .. , 20 (SEAL) Notary Public �E oo JODIE LTOOLEY �o�ptngi � NOTARY PUBLIC for the +9 * State of Montana BEAL Residing at Great Falls,Montana r My Commisslon Expires d115,2017 Noncollusion Affidavit—Page 1 of 1 8 00300_NCA.doc Revised/January,2010 Affirmation of Compliance with City of Bozeman Resolution No.4250 [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 disc ' 'nation as described above and that this prohibition shall apply to the hiring and A LA treatment of the [Name of Entity Submitting] employees and to all subcontracts it enters into in the pe ance of the;Agreement with the City of Bozeman. By: (Signal Person Authorize to S' on Behalf of the Bidder) me(typed or_printed): Title: N:\0417\063\Design Docs\Specs-Phase 2\9 00300 Nan Discrlminagon.doc i E , ff PENAL SUM FORM { tt fl.Y4{gb wit eo'7iw! DR[J1!tY1R CD+uNIi{xE BID BOND Any singular reference to Bidder,Surety,Owner or other party shall be considered plural where applicable. BIDDER(Name and Address): Montana Lines,Inc: 2800 Upper River Road Great Falls,MT 59405 SURETY(Name,and Address of Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square Hartford,CT 06183 OWNER(Name and Address): City of Bozeman 121 North Rouse,P.Q.Box 1230 Bozeman,MT 59771 BID Bid Due Date: 6/09/2015 Description(Project Name—Include Location): N.7th Avenue Lighting Improvements-2015,MMI#0417.063,Bozeman,Montana BOND Bond Number: 006000882 Date: 06/09/2015 Penal sum Ten Percent of the Total Amount Bid $ 10% (Words) (Figures) Surety and Bidder,intending to be legally bound hereby,subject to the terms set forth below,do each cause this Bid Bond to be duly executed by an authorized officer,agent,or representative. BIDDER SURETY Travelers Casualty and Surety Montana Lines,Inc. (Seal) Company of America (Seal) Bidder's Name and Corpora.W Seal Surety's Name and orp to By By: .04 ure Sign re(Attach Po er of Attorney) John D.Leaf Print Name . Print Name 1 Title -�Q�ev-Tn.Fact Title Attest: Attest: Signature Signature Title Title Randi Rains,Bond Clerical Note:Addresses are to be used for giving any required notice. Provide execution by any additional parties,such as joint venturers,if necessary. E1cD&C-430,did Bond(Penal sum Form).Published 2033. Prepared by the Engineers Joint Contract Documents committee. Page i of 2 COUNTERSIGNED: HUB IN I'ERN.AFIONAL MOUNTAIN S�T� i ES LliViiTED RENE C. LEVEAUX cDc PENAL SUM FORM U6rUUf YIS GU\.lAr:l£C 1. Bidder and Surety,jointly and severally,bind themselves,their heirs, executors, administrators,successors,and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of`such-penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents(or any extension thereof agreed to in writing by Owner)the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents(or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents,or 3.2 All Bids are rejected by Owner,or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents(or any extension thereof agreed to in writing by Bidder and, if applicable,consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness,identifying this Bond and the Project and including a statement of the amount due. S. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety's written consent 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state In which the Project is located. 8. Notices required hereunder'shall be In writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid,and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer,agent,or representative who executed this Bond on behalf of Surety to execute,seal,and deliver such Bond and bind the Surety thereby. 10. This Bond Is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall' govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term"Bid"as used herein includes a Bid,offer,or proposal as applicable. E1CW C-M 61d Bond(Renal Sum Form).Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St.Paul Mercury Insurance� Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 006000882 228022 Certificate No. KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St. Paul Fire and Marine Insuran ce Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint t John D.Leaf,Beth A.Windom,Chris Jermunson,Jamie M.Roe,Billy J.Bolt,Kaye U.Muzzana,Christopher T.Hindoien,Kristin A.Piccioni,and Brooke A.Gayness t i of the City of Great Falls State of Montana their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 29th day of July 2014 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company f or�'� '�!}� JVjtRE 4 QlA�..wkSGD P.j 1NdVq Y ANO r t DA*NeORAS. SB CCON State of Connecticut By: City of Hartford ss. Robert L.Raney, enior vice President On this the 29th day of July 2014 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 6.TET In Witness Whereof,I hereunto set my hand and official seal. C ��V1��J ^�► My Commission expires the 30th day of June,2016. '0tl>sL10.3` Marie C.Tetreault,Notary Public r7 C1'F' 58440 8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THISPOWER OF ATTORNEY IS WVAUD WITHOUTTHE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance' Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may r delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice i President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power of authority; and it is prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seat' l shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul;Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. ' IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 9 t h day of June. ,2015. i Kevin E.Hughes,Assistant Sec lacy r�r3 A 11 '^^"wrv11tL r'.' -"�� e��p11PORA FS m WtVt�fORq f.cp � '� 4w- i y"M'FCff'�j 'ZAnucE d{s•�H b 1p�...� �Y1 Fp • �AtN To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER PENAL SUM FORM BID BOND Any singular reference to Bidder,Surety,Owner or other party shall be considered plural where applicable. BIDDER(Name and Address): SURETY(Name and Address of Principal Place of Business): OWNER(Name and Address): BID Bid Due Date: Description(Project Name and Include Location): BOND Bond Number: Date(Not earlier than Bid due date): Penal sum $ (Words) (Figures) Surety and Bidder,intending to be legally bound hereby, subject to the terms set forth below,do each cause this Bid Bond to be duly executed by an authorized officer,agent,or representative. BIDDER SURETY Bidder's Name and Corporate Seal (Seal) (Seal)Surety's Name and Corporate Seal By: By; Signature Signature(Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title_ Note:Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. Bid Bond-00430— Page 1 of 2 EJCDC C 430 Bid Bond(Penal Sum Form)(2007 Edition).Prepared by the Engineers Joint Contract Documents Committee. 10 00430.docl0 00430.doc10 00430 dac eyiGkR-.dee PENAL SUM FORM 1. Bidder and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors, . ___e_. — ___.— n. ...,«, de f ,i+ Bidder the penal- sum set forth on the face of this Bond. Payment of anti asSlgiis w Pay tv vwiivi upon uviuiaar Of...»».- ---- p- the penal sum is the extent of Bidder's and Surety's liability.- Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by.the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents(or any extension thereof agreed to in writing by Owner)the executed Agreement required by the Bidding' Documents and any performance and payment bonds required by the Bidding Documents,or 3.2 All Bids are rejected by Owner,or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents' (or any extension thereof agreed to in writing by Bidder and,if applicable,consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default-of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner,which notice will be given with reasonable' promptness,identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total-time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suitor action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the.Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond.Such notices may be sent by personal delivery,commercial courier,or by United States Registered or Certified Mail,return receipt requested,postage pre-paid,and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute,seal,and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements.Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set;forth at length.If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term"Bid"as used herein includes a Bid,offer,or proposal as applicable. Bid Bond—00430—Page 2 of 2 EJCDC C-430 Bid Bond(Penal Sum Form)(2007 Edition).Prepared by the Engineers Joint Contract Documents Committee. i t 0 00430.doc 10 00430.doc10 00430.docG 438-& lie , y—�aQo SECTION 00500 AGREEMENT FORM i THIS AGREEMENT is dated as of the day of in the year (effective date), by and between The City of Bozeman (hereinafter called OWNER) and Montana Lines. Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described in the Invitation to Bid and is described in detail in the Contract Documents and the technical construction drawings. i i ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: N. 7t" Avenue Lighting-Improvements - 2015 ARTICLE 3 - ENGINEER 3.01 The Project has been designed by: Morrison-Maierle, Inc. 2880 Technology Blvd. West Bozeman, MT 59718 k who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. Agreement Form -00500 - Page 1 of 10 11 00500.doe Revised January,2010 B. The CONTRACTOR agrees to complete the work within the time(s) specified herein. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially complete and the CONTRACTOR will be prepared to file a Certificate of Substantial Completion within 90 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and will be complete and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 120 calendar days after the date when the Contract Time commences to run. 4.03 Liquidated Damages and Damages for Additional Engineering Services A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The Contractor acknowledges and agrees that the actual loss and damages suffered by OWNER is impracticable or extremely difficult to fix, determine and prove if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that a liquidated damage provision is both appropriate and necessary and that the liquidated damage amounts specified herein are reasonable and good faith estimates of the anticipated and probable damages the OWNER will incur should CONTRACTOR fail to complete the Work within the times specified herein. Therefore, as liquidated damages for delay, CONTRACTOR agrees to pay OWNER $ 500.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR agrees to pay OWNER as liquidated damages for delay $ 500.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. B. Damages for unscheduled employment of the ENGINEER shall be paid by the CONTRACTOR to the OWNER as specified in Article 6 of the Bid Form. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of Five Hundred Eighty Four Thousand Eight Hundred Seventy Three Dollars and Thirty Eight Cents ($584,873.38), based on the prices stipulated in the Bid Form and subject to adjustment as provided in the Contract Documents. A. As provided in paragraph 11.01 of the General Conditions, CONTRACTOR agrees that lump sum amount(s) constitute full payment for the work Agreement Form -00500 - Page 2 of 10 11 00500.doe Revised January,2010 i v C r and that these lump sum amount(s) represent a true measure of the labor and materials required to perform the work, including all allowances for overhead, profit, taxes, bonds, insurance, and all other costs for each type and unit of work called for in these Contract Documents. B. As provided in paragraph 11.03 of the General Conditions, estimated unit ' price quantities used for bidding purposes are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions or other portions of the Contract Documents. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments in accordance with Article 14 of the General Conditions on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by the ENGINEER once each month during performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2 below. All such progress payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions or in the case of Unit Price Work based on the number of units of each bid item completed times the bid unit price in the Unit Price Schedule of the Bid Form for each bid item, or, in the event there is no schedule of values, as provided in the General Conditions: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage of work completed but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, including but not limited to liquidated damages and damages for additional engineering services, in accordance with paragraph 14.02 of the General Conditions: a. The OWNER shall retain 5% of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents. 2. Upon Substantial Completion and at the OWNER's discretion, the amount of retain age e ma y ay be further reduced if requested by the CONTRACTOR. Reduction of retainage is at the sole discretion of the OWNER. OWNER is not obligated to reduce retainage. Amount of substantial completion payment will be Agreement Form -00500 - Page 3 of 10 11 00500.doc Revised January,2010 reduced by such amounts as ENGINEER shall determine in accordance with paragraph 14.02.13.5 of the General Conditions and by 100% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents (including all Addenda listed in Article 9) and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance or furnishing of the Work. C. . CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities), if any, which have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliable "technical data", and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site which has been identified in Paragraph SC-4.06 of the Supplementary Conditions as containing reliable "technical data". CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. Agreement Form -00500 - Page 4 of 10 11 00500.doc Revised January,2010 E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site- related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precautions and programs. k F. Based on the information and observations referred to in Paragraph 8.01.E above, CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. C G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 10, inclusive); 2. Performance Bond (pages 1 to 3, inclusive); 3. Payment Bond (pages 1 to 3, inclusive); 4. Other Bonds (pages to , inclusive); Agreement Form -00500 - Page 5 of 10 11 00500.doc Revised January,2010 5. General Conditions (pages 1 to 73, inclusive); 6. Supplementary Conditions (pages 1 to 18, inclusive); 7. Special Provisions (pages 1 to 5, inclusive); - 8. Electrical Special Provisions (pages 1 to 15, inclusive); 9. Specifications as listed in the Table of Contents of the Project Manual; 10. Drawings consisting of a cover sheet and fourteen additional sheets, inclusive, with each sheet bearing the following general title: N. 7t" Avenue Lighting Improvements - 2015; (Note: Drawings are not attached hereto); 11. Addenda (numbers to , inclusive); 12. Exhibits to this Agreement (enumerated as follows): a. Notice of Award (pages 1 to 1, inclusive); b. CONTRACTOR's Bid Form (pages 1 to 11, inclusive); C. Noncollusion Affidavit (pages 1 to 1; inclusive) d. Information Required of Bidders (pages 1 to 3; inclusive) e. Affirmation of Compliance with City of Bozeman Resolution No. 4250 f. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive); 13. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages 1 to 1, inclusive); b. Written Amendments; C. Work Change Directives; d. Change Orders. B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). Agreement Form -00500 - Page 6 of 10 11 00500.doc Revised January,2010 G C. There are no Contract Documents other than those listed above in this Article 9. : D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may come due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Se verability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: Agreement Form -00500 - Page 7 of 10 11 00500.doc Revised January,2010 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non- competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions The CONTRACTOR agrees to remedy all defects appearing in the work or developing in the materials furnished and the workmanship performed under this Agreement during the warranty period after the date of final acceptance of the work by the OWNER, and further agrees to indemnify and save the OWNER harmless from any costs encountered in remedying such defects. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five 5 copies of this Agreement. Two (2) counterpart(s) has been delivered to OWNER, two (2) to CONTRACTOR, and one (1) to ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. Agreement Form -00500 -Page 8 of 10 11 00500.doc Revised January,2010 This Agreement will be effective on the date shown on page 1 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: City of Bozeman Montana Lines Inc. By: B - - u (Signature) (S'Oatur Attest 2 - Attest u y. (Signature) (Signatur ) Address for giving notices: Address for giving notices: P.O. 1230 2800 Upper River Road Bozeman MT 59715 Great Falls MT 59405 Phone: 1-406-582-2973 Phone: 1-406-727-1316 Facsimile: Facsimile: 1-406-727-0354 [CORPORATE SEAL] [CORPORATE SEAL] Montana Contractors' Registration No. 6518 Agent for service of process: UveSAV Agreement Form -00500- Page 9 of 10 11 00500.doc Revised January,2010 (If OWNER is a public body, attach evidence (If CONTRACTOR is a corporation or a of authority to sign and resolution or other partnership, attach evidence of authority documents authorizing execution of to sign.) OWNER-CONTRACTOR Agreement.) Owner's Designated Representative: Contractor's Designated Representative: Name: Name: V Title: Title: i Address: Address: c9RM LjPPEkjg1*,4EXXj> Phone: Phone: Facsimile: Facsimile: Email Email: mot , [The foregoing Contract, including all Contract Documents which are a part thereof, is in due form according to the law, and is hereby approved. By: (Signature) Attorney of the (Owner) END OF SECTION 00500 Agreement Form -00500 - Page 10 of 10 11 00500.doc Revised January,2010 K_J CD C 6 ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE PERFORMANCE BOND CONTRACTOR(name and address): SURETY(name and address ofprincipal place of business) Montana Lines,Inc. Travelers Casualty and Surety Company of 2800 Upper River Road America Great Falls,MT 59405 One Tower Square Hartford,CT 06183 OWNER(name and address): City of Bozeman C 121 North Rouse,P.O.Box 1230 Bozeman,MT 59771 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Five Hundred Eighty-four Thousand Eight Hundred Seventy-three And 38/100 ($584,873.38) Description (name and location): N. 7th Avenue Lighting Improvements-2015,Bozeman,Montana BOND Bond Number:106326486 Date(not earlier than the Effective Date of the Agreement of the Construction Contract): Amount:Five Hundred Eighty-four Thousand Eight Hundred Seventy-three And 38/100($584,873.38) Modifications to this Bond Form: None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Montana Lines,Inc. (seal) Travelers Casualty and Surety Company of America(seal) Contractor's Na Co r orate 1 Surety's Name and Corporate Seal a B By: . Signature re(attach power of attorney) James S.Bumparner Brooke A.Garness Print Name Print Name Secretary/Treasurer Attorney-in-Fact Title Title Attest: Attest: r � Signature Signature Office Manager Randi Rains,Bond Clerical Title Title Notes: (1)Provide supplemental execution by any additional parties,such as joint venturers. (2)Any singular reference to Contractor,Surety, Owner, or other party shall be considered plural where applicable. COUNTERSIGNED: 141IR IWERNATIONAL MO IN IN EJCDC C-610—Performance Bond TES LIMITED Published December 2010 by the Engineers Joint Contract Documents Commi ec. i Page of 3 V RENE C.LEVEAUX 1. The Contractor and Surety, jointly and severally, bind the Contract Price incurred by the Owner as a result of the themselves, their heirs, executors, administrators, successors, and Contractor Default;or assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable 2. If the Contractor performs the Construction Contract,the Surety promptness under the circumstances: and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in 5.4.1 After investigation, determine the amount for Paragraph 3. which it may be liable to the Owner and, as soon as practicable after the amount is determined,make payment to 3. If there is no Owner Default under the Construction Contract,the the Owner;or Surety's obligation under this Bond shall arise after: 5.4.2 Deny liability in whole or in part and notify the 3.1 The Owner first provides notice to the Contractor and Owner,citing the reasons for denial. the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is 6. If the Surety does not proceed as provided in Paragraph 5 with requesting a conference among the Owner,Contractor,and Surety reasonable promptness,the Surety shall be deemed to be in default on to discuss the Contractor's performance. If the Owner does not p this Bond seven days after receipt of an additional written notice from request a conference, the Surety may, within five (5) business the Owner to the Surety demanding that the Surety perform its days after receipt of the Owner's notice, request such a obligations under this Bond,and the Owner shall be entitled to enforce conference. If the Surety timely requests a conference,the Owner any remedy available to the Owner. If the Surety proceeds as provided shall attend. Unless the Owner agrees otherwise, any conference in Paragraph 5.4,and the Owner refuses the payment or the Surety has requested under this Paragraph 3.1 shall be held within ten (10) denied liability, in whole or in part, without further notice the Owner business days of the Surety's receipt of the Owner's notice. If the shall be entitled to enforce any remedy available to the Owner. Owner,the Contractor, and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then Contract, but such an agreement shall not waive the Owner's the responsibilities of the Surety to the Owner shall not be greater than right,if any,subsequently to declare a Contractor Default; those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than 3.2 The Owner declares a Contractor Default, terminates those of the Owner under the Construction Contract. Subject to the the Construction Contract and notifies the Surety;and commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated,without duplication for: 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction 7.1 the responsibilities of the Contractor for correction of Contract to the Surety or to a contractor selected to perform the defective work and completion of the Construction Contract; Construction Contract. 7.2 additional legal, design professional, and delay costs 4. Failure on the part of the Owner to comply with the notice resulting fiom the Contractor's Default, and resulting from the requirement in Paragraph 3.1 shall not constitute a failure to comply actions or failure to act of the Surety under Paragraph 5;and with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety 7.3 liquidated damages, or if no liquidated damages are demonstrates actual prejudice. specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 5. When the Owner has satisfied the conditions of Paragraph 3,the Surety shall promptly and at the Surety's expense take one of the g. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the following actions: Surety's liability is limited to the amount of this Bond. 5.1 Arrange for the Contractor, with the consent of the 9. The Surety shall not be liable to the Owner or others for Owner,to perform and complete the Construction Contract; obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or 5.2 Undertake to perform and complete the Construction set off on account of any such unrelated obligations. No right of Contract itself,through its agents or independent contractors; action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors,and assigns. 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for 10. The Surety hereby waives notice of any change, including performance and completion of the Construction Contract, changes of time, to the Construction Contract or to related arrange for a contract to be prepared for execution by the Owner subcontracts,purchase orders,and other obligations. and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a 11. Any proceeding, legal or equitable, under this Bond may be qualified surety equivalent to the bonds issued on the instituted in any court of competent jurisdiction in the location in Construction Contract, and pay to the Owner the amount of which the work or part of the work is located and shall be instituted damages as described in Paragraph 7 in excess of the Balance of within two years after a declaration of Contractor Default or within EJCDC C-610—Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page of 3 two years after the Contractor ceased working or within two years 14.2 Construction Contract: The agreement between the after the Surety refuses or fails to perform its obligations under this Owner and Contractor identified on the cover page, including all Bond, whichever occurs first. If the provisions of this paragraph are Contract Documents and changes made to the agreement and the void or prohibited by law, the minimum periods of limitations Contract Documents. available to sureties as a defense in the jurisdiction of the suit shall be i applicable. 14.3 Contractor Default:Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply r 12. Notice to the Surety,the Owner,or the Contractor shall be mailed with a material term of the Construction Contract. or delivered to the address shown on the page on which their signature appears. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived,to pay the Contractor as required under 13. When this Bond has been furnished to comply with a statutory or the Construction Contract or to perform and complete or comply other legal requirement in the location where the construction was to with the other material terms of the Construction Contract. be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and 14.5 Contract Documents: All the documents that comprise provisions conforming to such statutory or other legal requirement the agreement between the Owner and Contractor. 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 15. If this Bond is issued for an agreement between a contractor and common law bond. subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 14. Definitions 16. Modifications to this Bond are as follows: 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 for the Contractor for 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. f r EJCDC C-610—Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page of 3 EJ CD ENGINEERS JOINT CONTRACT oacue+EraTs COMMITTEE PAYMENT BOND CONTRACTOR(name and address): SURETY(name and address of principal place of business): Montana Lines,Inc. Travelers Casualty and Surety Company of America 2800 Upper River Road One Tower Square Great Falls,MT 59405 Hartford,CT 06183 OWNER(name and address): City of Bozeman 121 North Rouse,P.O.Box 1230 Bozeman,MT 59771 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Five Hundred Eighty-four Thousand Eight Hundred Seventy-three And 38/100 ($584,873.38) Description(name and location): N.7th Avenue Lighting Improvements-2015,Bozeman,Montana BOND Bond Number:106326486 Date(not earlier than the Effective Date of the Agreement of the Construction Contract): Amount:Five Hundred Eighty-four Thousand Eight Hundred Seventy-three And 38/100 ($584,873.38) Modifications to this Bond Form: X❑ None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Montana Lines,Inc. (seal) Travelers Casualty and Surety Company of America(seal) Contractor's Name and orporate S 1 Surety's Name and Corporate Seal t I l y: ignature Q__S' ture(attach power of attorney) James S. Bumg r Brooke A.Gayness Print Name Print Name 3 Secretary/Treasurer Attorney-in-Fact Title Title f Attest: Attest: / ` C2 Signature Signature i Office Manager Randi Rains,Bond Clerical Title Title Notes: (1)Provide supplemental execution by any additional parties,such as joint venturers. (2)Any singular reference to Contractor,Surety, Owner,or other party shall be considered plural where applicable. COUNTERSIGNED: EJCDC C-615,Payment Bond IMML.IN min ST ES LIMITED Published December 2010 by the Engineers Joint Contract Documents Committee. Page of 3 RENEC.L 7. When a Claimant has satisfied the conditions of Paragraph 1. The Contractor and Surety, jointly and severally, bind 5.1 or 5.2, whichever is applicable, the Surety shall themselves, their heirs, executors, administrators, promptly and at the Surety's expense take the following successors, and assigns to the Owner to pay for labor, actions: materials, and equipment furnished for use in the performance of the Construction Contract, which is 7.1 Send an answer to the Claimant,with a copy to the incorporated herein by reference, subject to the following Owner, within sixty (60) days after receipt of the terms. Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are 2. If the Contractor promptly makes payment of all sums due disputed;and to Claimants,and defends,indemnifies,and holds harmless the Owner from claims, demands, liens, or suits by any 7.2 Pay or arrange for payment of any undisputed person or entity seeking payment for labor, materials, or amounts. equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor 7.3 The Surety's failure to discharge its obligations shall have no obligation under this Bond. under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or 3. If there is no Owner Default under the Construction Contractor may have or acquire as to a Claim, Contract, the Surety's obligation to the Owner under this except as to undisputed amounts for which the Bond shall arise after the Owner has promptly notified the Surety and Claimant have reached agreement. If, Contractor and the Surety (at the address described in however, the Surety fails to discharge its Paragraph 13)of claims,demands,liens,or suits against the obligations under Paragraph 7.1 or 7.2, the Surety Owner or the Owner's property by any person or entity shall indemnify the Claimant for the reasonable seeking payment for labor, materials, or equipment attorney's fees the Claimant incurs thereafter to furnished for use in the performance of the Construction recover any sums found to be due and owing to the Contract, and tendered defense of such claims, demands, Claimant. liens,or suits to the Contractor and the Surety. 8. The Surety's total obligation shall not exceed the amount of 4. When the Owner has satisfied the conditions in Paragraph this Bond, plus the amount of reasonable attorney's fees 3, the Surety shall promptly and at the Surety's expense provided under Paragraph 7.3,and the amount of this Bond defend, indemnify, and hold harmless the Owner against a shall be credited for any payments made in good faith by duly tendered claim,demand,lien,or suit. the Surety. 5. The Surety's obligations to a Claimant under this Bond 9. Amounts owed by the Owner to the Contractor under the shall arise after the following: Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, 5.1 Claimants who do not have a direct contract with under any construction performance bond. By the the Contractor, Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the 5.1.1 have furnished a written notice of non- performance of the Construction Contract are dedicated to payment to the Contractor, stating with satisfy obligations of the Contractor and Surety under this substantial accuracy the amount claimed Bond, subject to the Owner's priority to use the funds for and the name of the party to whom the the completion of the work. materials were, or equipment was, furnished or supplied or for whom the 10. The Surety shall not be liable to the Owner, Claimants, or labor was done or performed,within ninety others for obligations of the Contractor that are unrelated to (90)days after having last performed labor the Construction Contract. The Owner shall not be liable or last furnished materials or equipment for the payment of any costs or expenses of any Claimant included in the Claim;and under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of 5.1.2 have sent a Claim to the Surety (at the Claimants, or otherwise have any obligations to Claimants address described in Paragraph 13). under this Bond. i 5.2 Claimants who are employed by or have a direct 11. The Surety hereby waives notice of any change, including contract with the Contractor have sent a Claim to changes of time, to the Construction Contract or to related the Surety (at the address described in Paragraph subcontracts,purchase orders,and other obligations. 13). 12. No suit or action shall be commenced by a Claimant under 6. If a notice of non-payment required by Paragraph 5.1.1 is this Bond other than in a court of competent jurisdiction in given by the Owner to the Contractor, that is sufficient to the state in which the project that is the subject of the satisfy a Claimant's obligation to furnish a written notice of Construction Contract is located or after the expiration of non-payment under Paragraph 5.1.1. one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by EJCDC C-615,Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page of 3 l anyone or the last materials or equipment were furnished "labor, materials, or equipment" that part of the by anyone under the Construction Contract, whichever of water, gas, power, light, heat, oil, gasoline, (1) or (2) first occurs. If the provisions of this paragraph telephone service, or rental equipment used in the are void or prohibited by law, the minimum period of Construction Contract, architectural and limitation available to sureties as a defense in the engineering services required for performance of jurisdiction of the suit shall be applicable. the work of the Contractor and the Contractor's ; subcontractors, and all other items for which a 13. Notice and Claims to the Surety, the Owner, or the mechanic's lien may be asserted in the jurisdiction Contractor shall be mailed or delivered to the address where the labor, materials, or equipment were shown on the page on which their signature appears. furnished. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover 14. When this Bond has been furnished to comply with a page, including all Contract Documents and all statutory or other legal requirement in the location where changes made to the agreement and the Contract the construction was to be performed, any provision in this Documents. Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions 16.4 Owner Default: Failure of the Owner, which has conforming to such statutory or other legal requirement not been remedied or waived,to pay the Contractor shall be deemed incorporated herein. When so furnished, as required under the Construction Contract or to the intent is that this Bond shall be construed as a statutory perform and complete or comply with the other bond and not as a common law bond. material terms of the Construction Contract. 15. Upon requests by any person or entity appearing to be a 16.5 Contract Documents: All the documents that potential beneficiary of this Bond, the Contractor and comprise the agreement between the Owner and Owner shall promptly furnish a copy of this Bond or shall Contractor. permit a copy to be made. 17. If this Bond is issued for an agreement between a 16. Definitions contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term 16.1 Claim: A written statement by the Claimant Owner shall be deemed to be Contractor. including at a minimum: 18.Modifications to this Bond are as follows: 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 of EJCDC C-615,Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page of 3 i WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St.Paul Mercury Insurance Company k Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company I Attorney-In Fact No. Certificate No. 006000906 228022 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Suety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint John D.Leaf,Beth A.Windom,Chris Jermunson,Jamie M.Roe,Billy J.Bolt,Kaye U.Muzzana,Christopher T.Hindoien,Kristin A.Piccioni,and �l Brooke A.Garness t ' of the City of Great Falls State of Montana their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing t the fidelity of persons, i g g ons guaranteeing the performance of Y P >g g Y P g g P contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. i IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 29th day of July 2014 > Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company pI.SUq�T TY JV FIRE 6� ;^N I� ..•+�'.j"1NSUq`'q Jp�tY AHO �µO EVp�• (�TY p(OP'P�M�r. C�+ b' G y�' 7y2 Q.: � 3`p`);. .�..: 4 G •C� C t�\ S D C1 �CCRFpRhTED� �!`VoRPwflq>F[1 iWipOP?ORATf,�,�i 9� y • ; �,g7 E �t 3� 1 t o° w HARTFDHD, t t HAHTFOgQ 1896 � 1951 1 SEA S CONN. n ` CCNN:J£ nO �o add......... •t ,�bSBA.L;3 �' � "'��,^„"�`>� �,;s"AHD./ �S•..,.....ra dt �N+ < �� AtN e State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 29th day of July 2014 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G,TET In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2016. p1/BL�G * Marie C.Tetreault,Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chapman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and Unite&SStates Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies;which is in full forceand effect and has not been revoked. y A� IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 20 1 Kevin E.Hughes,Assistant Seciftary GhSUA[ � VtIRE 4 l\R•�G� 'j�1N54q�'i JP�tY ANOs ONE, '��'O 6�G.�'�1y 9.R 8 2fibt+'J DLo0 � /�'�9]�t� 'a�tC1OR9PC5RA1t EO� �48'�S�F NCE GO9-B ���e^�L('.a•�;•O S.•.R•.EP..„O.N.R..A:G�,fL:.�>.o,}frnr�� I��SWoQ,b 4oiir:)J+p.S'O•.R.E.POAPALlfa%i}ODa son^'t 1t ��4,>P s HACROTfNONR.D�,a9oaot To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Client#: 130326 26MONLINE1 ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE /17/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Darcie Rae Clayton CIC AAI AIS Hub Int'I.Mountain States Ltd PHONE 406.771.9971 FAX 866.801.0495 A/C No Ext: A/C No 100 Park Drive South E-MAIL ton hubinternational.com Great Falls,MT 69401 ADDRESS: darcie.cla Y @ 406 453-1464 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Fire Insurance Co of H 2O478 INSURED Montana Lines Inc INSURERB:Continental Casualty Company 20443 2800 Upper River Road INSURERC:Continental Insurance Company 35289 Great Falls,MT 69406 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP /Y LIMITS LTR INSR WVD POLICY NUMBER MM/DDYYY YYY MM/DD/Y A GENERAL LIABILITY 6091616447 5/01/2016 05/01/2016 EACH OCCURRENCE $1 OOOOOO X COMMERCIAL GENERAL LIABILITY PAEAJE Ea 0. NT.EDence $500000 CLAIMS-MADE Al OCCUR MED EXP(Any one person) $15,000 X PD Ded:2,000 PERSONAL&ADV INJURY $1 000,000 GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATE LIMIT APPLIESPER: [PRODUCTS-COMP/OPAGG $2,000,000 POLICY -X] PRO LOC $ JECT C AUTOMOBILE LIABILITY 6091616450 5/01/2016 06/01/201 CO EaM aBINEDccident SINGLE LIMIT $ ,1 000,000 JX ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS $ HIREDAUTOS X NON-OWNED Pe�acGtlen DAMAGE $ B X UMBRELLA LIAB X OCCUR 5091616433 6/01/2015 05/01/2016 EACH OCCURRENCE s4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s4,000,000 DED I X RETENTION$1 O 000 $ TORYWORKERS COMPENSATION N/A WC STATU- OTH- AND EMPLOYERS'LIABILITYLIMITS A OFFICER/MEMBER/EXCLNER/E ECUTIVE� N/A 5091616447 6/01/2016 06/01/201 E.L.EACH ACCIDENT $1 000000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Re: N 7th Avenue Lighting Improvements-2015 Certificate holder as owner and Morrison-Maierle Inc as Engineer are additional insureds respects this project when required by written contract CERTIFICATE HOLDER CANCELLATION ANYELLED BEFO City of Bozeman THE SHOULD EXPIRATTIIONH DATE V THEREOF,E NOTTICIEIEWILL BE CBE CDELIVERED W PO Box 1230 ACCORDANCE WITH THE POLICY PROVISIONS. Bozeman,MT 59715 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD i #S821148/M764264 DAC NOTE: THIS DOCUMENT HAS BEEN AMENDED FOR TMS PROJECT AND CONTROLLING LAW This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling;Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by «ma`s AC E C .oFc AMERICAN COUNCIL OF ENGINEERING COMPANIES AMEN\` SKILL { INTlOKITT �3�ONf11 4 A American Society National Society of SC—E of Civil Engineers professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL,ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE Standard General Conditions of the Construction Contract-00700-Page 1'of 73 14 00700.doc Revised November 2012 NOTE: THIS DOCUMENT HAS BEEN AMENDED FOR THIS PROJECT AND CONTROLLING LAW These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800,2007 Edition). NOTE Deletions from the Standard EJCDC General Conditions are shown by strilwe�tt. Additions to the Standard EJCDC General Conditions are Underlined. Adaptation of Standard General Conditions prepared by Morrison-Maierle,Inc. Copyright O 2007 National Society of Professional Engineers 1420 King Street,Alexandria,VA 22314-2794 (703)684-2882 www.nspe. American Council of Engineering Companies 1015 15th Street N.W.,Washington,DC 20005 (202)347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive,Reston,VA 20191-4400 (800) 548-2723 v.asce.or Associated General Contractors of America 2300 Wilson Boulevard,Suite 400,Arlington,VA 22201-3308" (703) 548-3118 v.agc.or The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. MMI No. C-700(2010 Edition) Standard General Conditions of the Construction iContract—00700—Page 2 of 73 14 00700.doc Revised November 2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 -Definitions and Terminology.! .......... ....... . ........ ........ ........ ........ . ....... ......... ....... . .........7 1.01 Defined Terms. ...7 1.02 Terminology.... ........ ........ ............ ....• ......... ........ ......... ........: ......... ............ ..............11 Article 2-Preliminary Matters.... ........ ......... ......... ......... ......... ........ ......... ......... .. ....... .................12 2.01 Delivery of Bonds and Evidence of Insurance... ......... ......... ........: ........ ......... .................12 2.02 Copies of Documents. ........ ......... ......... . ........ ......... ........ , ....... ......... ........ .................12 2.03 Commencement of Contract Times;Notice to Proceed ........ ......... ........ ......... .................13 2.04 Starting the Work. .13 2.05 Before Starting Construction ........'. ......... ........ ......... ......... ........ ......... ......... ................13 2.06 Preconstruction Conference;,Designation of Authorized Representatives... ......... . ...............13 2.07 Initial Acceptance of Schedules.....: ......... . ........ ......... ......... ........; ......... ......... ................14 Article 3-Contract Documents: Intent,Amending,Reuse.... .. ....... ......... ........` ....... . ........ ................14 3.01 Intent..... ........ .. ....... .......... ........ ......... ......... ......... .......... ....... ........ . ....... ................14 3.02 Reference Standards..'. ......... ......... ......... ......... ......... ......... ......... ...,....: ........ ................15 3.03 Reporting and Resolving Discrepancies.... ........ ......... ........: ......... ......... ......... ................15 3.04 Amending and Supplementing Contract Documents..... ......... ........ ......... ........: ................16 3.05 Reuse of Documents . ..... .......! ........ ......... ........... ....... ......... ........: ......... ................16 3.06 Electronic Data ........: ........: ........`. ......... ......... ........: ........: ........: ........`. ......... ................17 Article 4-Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points....' ........ ......... .........` ........ ......... ......... ......... ........ ................17 4.01 Availability of Lands.. ....,.... ......... ......... ......... ........ ..... .... ......... ......... ......... ................17 4.02 Subsurface and Physical Conditions.. ......: ......... ........ ......... ......... ......... ......... ................18 4.03 Differing Subsurface or Physical Conditions...... ......... ... ....... ........ . ....... ......... ................18 4.04 Underground Facilities ......... ......... ........ ......... ........ . ....... .............. ...: ......... ................20 4.05 Reference Points......... .. ......' ......... ......... ........ .. . ....... .........: . ....... ....... . ................21 4.06 Hazardous Environmental Condition at Site........ ......... ......... ......... ......... ......... ................21 Article 5-Bonds and Insurance..... ......... ......... ......... ........; ........ , .......1 ......... ......... ......... ................23 5.01 Performance,Payment, and Other Bonds.. ........'.... ...... ......... ........: ........ ........... ..............23 5.02 Licensed Sureties and Insurers........ ......... ........: ......... ......... . .......: ......... ......... ................23 5.03 Certificates of Insurance......... ........ ......... ......... ......... . ....... . ........ ......... ......... ................23 5.04 Contractor's Insurance ............ ...... ........! ... ..... ......... .......... ........ ......... ..........................24 5.05 Owner's Liability Insurance. ......... ......... . ....... ......... ......... ......... ......... .. ........................25 5.06 Property Insurance...... ......... ......... ........ ......... ......... ......... ......... ........... ......`.................26 5.07 Waiver of Rights........ ......... ......... ........ . ....... ......... ......... ......... ........ . ........ ................27 5.08 Receipt and Application of Insurance Proceeds... ......... ........ ......... ......... ....28 5.09 Acceptance of Bonds and Insurance; Option to Replace ........ ......... ......... ......... ................29 Standard General Conditions of the Construction Contract-00700 Page 3 of 73 14 00700.doc Revised November 2012 5.10 Partial Utilization,Acknowledgment of Property Insurer........!........ . ........ ..... .... ......... .......29 Article 6-Contractor's Responsibilities.. ........... ....... ......... ........ ....... . ......... .................. ................29 6.01 Supervision and Superintendence. .29 6.02 Labor;Working Hours. •30 6.03 Services,Materials, and Equipment. .30 6.04 Progress iSchedule. .30 6.05 Substitutes and"Or-Equals" •31 6.06 Concerning Subcontractors, Suppliers,and Others. .33 6.07 Patent Fees and Royalties.......... . ..: ........ . ...... ....... . . ........... ...... ......... ................ .........35 6.08 Permits. .35 6.09 Laws and Regulations .............. .... ......... ......... ........ . ............ .... ......... .................. .......35 6.10 Taxes. .36 6.11 Use of Site and Other Areas .36 6.12 Record Documents...... ....... ......... . ........i..... . ..) ........... ....... ......... ......... ..... ... .................37 6.13 Safety and Protection. .37 6.14 Safety Representative. .39 6.15 Hazard Communication Programs. .39 6.16 Emergencies. .39 6.17 Shop Drawings and Samples .39 6.18 Continuing the`Work...................................................................................................................41 6.19 Contractor's General Warranty and Guarantee .41 6.20 Indemnification........... .......... ... ... ........) .. ............... .. .............. ..: ............ .............. . .......42 6.21 Delegation of Professional Design Services....... ...... .. ', ............... ... ............ .............. ........43 Article 7-Other Work at the Site. ............ ............ .... ....... ........ '; .......... . ...... ......... ........ ...... . .........44 7.01 Related Work at Site. .44 7.02 Coordination. .44 7.03 Legal Relationships. •45 Article 8-Owner's Responsibilities. .45 8.01 Communications to Contractor. .45 8.02 Replacement of Engineer. .45 8.03 Furnish Data. .45 8.04 Pay When Due: .45 8.05 Lands and Easements;Reports and Tests. .45 8.06 Insurance.............. .. .: .......... ............... .. ............... .. ........ ... ...... ......... .................. ............45 8.07 Change Orders. .46 8.08 Inspections,Tests, and Approvals. .46 8.09 Limitations on Owner's Responsibilities. .46 8.10 Undisclosed Hazardous Environmental Condition.............. . ............ ...... ............ ..............46 8.11 Evidence of Financial Arrangements. .46 8.12 Compliance with Safety Program. .46 Article 9-Engineer's Status During Construction. .46 9.01 Owner's Representative. .46 9.02 Visits to Site. .46 9.03 Project Representative. •47 Standard General Conditions of the Construction+Contract-00700`-Page 4 of 73 14 00700.doc Revised November 2012 9.04 Authorized Variations in Work...... ........ ......... ........ ......... ......... ....... ......... .................47 9.05 Rejecting Defective Work.... .......... ........ ......... ......... . ....... . ....... .,....... ......... .................47 9.06 Shop Drawings, Change Orders and Payments.. ......... . ........ ......... ........ ........... ...............48 9.07 Determinations for Unit Price Work......... ........: ......... ......... ......... ........ . ........ .................48 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work... .................48 9.09 Limitations on Engineer's Authority and Responsibilities .....[ ......... ......... ......... .................48 9.10 Compliance with Safety Program.. ........ ......... ......... ......... ......... ......... ........`. .................49 Article 10-Changes in the Work; Claims......... ........ .......... ........ ......... ......... ......... ......... .................49 10.01 Authorized Changes in the Work... ........: ......... ......... ........ ..,...... ......... .. ....... .................49 10.02 Unauthorized Changes in the Work ......... ........ ......... ........: ......... ......... .. ....... ........ ........49 10.03 Execution of Change Orders ......... ......... ......... ......... ......... .......... ....... ........ ........ ........50 10.04 Notification to Surety; ......... ......... ......... .. ....... ......... .......... ., .....`. ......... ......... .................50 10.05 Claims.. ........'. ......... ......... ......... ........ ........: ......... ........ ......... ........ ........ .................50 Article 1'1 -Cost of the Work;Allowances;Unit Price Work ........: ......... ........: ......... ............ . ............51 11.01 Cost of the Work....... ......... ......... .......... ......... .......... ...... . ........ .......... ........ ................51 11.02 Allowances...... ......... ........`.. ....... ......... ........`. .......... ........ ........ ........ ......... ................54 11.03 Unit Price Work. .54 Article 12-Change of Contract Price; Change of Contract Times...: ......... ........ ......... . ........ ................55 12.01 Change of Contract Price..... ........ ......... .. ....... ......... ......... ......... . ...... . ........: ................55 12.02 Change of Contract Times... ......... ......... ........ .... ....` ......... ........ . .......: ......... ................56 12.03 Delays... ........i ... ..... ........ .......... ........... .....: ........ ......... ......... . ........ ......... ................56 Article 13-Tests and Inspections; Correction,Removal or Acceptance of Defective Work..... ................57 13.01 Notice of Defects....... ......... ........? .......... ........ ......... ......... ........: ........., ........ ................57 13.02 Access to Work ........ ......... ......... ......... ......... ......... ......... ......... ........1 ......... . ...............57 1303 Tests and Inspections ......... ......... ......... ........i ........., .............. ... ......... ......... ................58 13,04 Uncovering Work....... ......... ........... ....... ........ .......... ........ ........1 ......... ........ ................58 13.05 Owner May Stop the Work.. . .......: ......... ......... ......... ......... ......... ........ ........ ................59 13!06 Correction or Removal of Defective Work......... ........ . ........ ..,,..... ......... ......... . ...............59 13.07 Correction Period...... ......... ........`: ........: ......... .......... .......: ......... ........ ......... ................'59 13.08 Acceptance of Defective Work......: ......... ......... ......... ........: ........`. ........: .......... ..... ..........60 13.09 Owner May Correct Defective Work......... ......... .......... .......: ......... ......... ......... ..... ...........61 Article 14-Payments to Contractor and Completion..'c ......... ........... .. ..... ........; .......... ........ ................61 14.01 Schedule of Values....: ........... . ...... ......... ........ ........... ., .... ......... ......... ......... ................61 14.02 Progress Payments...... ......... .. ....... ........ ......... ........ .......... ........,. ....... . ...... . ................61 14.03 Contractor's Warranty of Title......... ....... ......... ......... ..... .... ......... ......... ......... ................65 14.04 Substantial Completion......... ......... ........ ......... ........ ......... ......... ........:. . ....... ................65 14..05 Partial Utilization....... ......... ......... , ..,..... .......... ........ ......... ......... ......... ......... ................66 14.06 Final Inspection .67 14.07 Final Payment..'.. ....... ........'I.. ........ ......... ........... ...... .......... ........ ......... ......... ................68 14.08 Final Completion Delayed.... ......... ........: ......... . ....... ........: ......... .... ......... ................69 14.09 Waiver of Claims ......69 Standard General Conditions of the Construction Contract 00700 Page 5 of 73 14 00700.doc Revised November 2012 Article 15—Suspension of Work and Termination. .69 15.01 Owner May Suspend Work........... ........ ......... ........ .. .......: .............. . ... ......... ........ .......69 15.02 Owner May Terminate for Cause. .69 1503 Owner May Terminate For Convenience. .71 15.04 Contractor May Stop Work or Terminate. .71 Article 16—Dispute Resolution .72 16.01 Methods and Procedures. .72 Article 17—Miscellaneous. .72 1701 Giving Notice. .72 17.02 Computation of Times .73 17.03 Cumulative Remedies.... ..... . ........ ......... ......... . ........ ........ ......... .. . ..... ................. ........73 17.04 Survival of Obligations. .73 1705 Controlling Law. .73 17.06 Headings .73 Standard General Conditions of the Construction Contract-00700-Page 6 of 73 14 00700.doc Revised November 2012 ARTICLE 1-DEFINITIONS AND TERMINOLOGY 101 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda Written or graphic instruments issued prior to the opening of Bids which clarify, correct,or change the Bidding Requirements or the proposed Contract Documents. 2. 'Agreement-The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. The definition of the word "Contract" is synoymous with the word"Agreement"and is used interchangeably in the Contract Documents. 3. Application for Payment The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or+final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form,if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times,issued on or after the Effective Date of the Agreement. 10. 'Claim-A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the tenns of the Contract. A demand for money or services by a third parry is not is Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements,whether written or oral. Standard General Conditions of the Construction Contract 00700-Page 7 of 73 14 00700.doc Revised November 2012 12. Contract Documents Those items so designated in the Agreement. Only printed or hard copies: of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times The number of days or the dates stated in the Agreement to: (i) achieve Milestones,if any; (ii)achieve Substantial Completion; and(iii) complete the Work so that it, is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16.'Cost of the Work—See Paragraph 11.01 for definition. 17.Drawings That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be I performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18.Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective,but if no such date is indicated,it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19.Engineer—The individual or entity named as such in the Agreement. 20.Engineer's Consultant—An individual or gpfiV having a contract with Engineer to furnish services as Engineer's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 21.'207 Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22.24-. General Requirements—Sections of Division 1 of the Specifications. 23. 22. Hazardous Environmental i Condition-The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 24. 2,. Hazardous Waste The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal'Act (42 USC Section 6903) as amended from time to time. 25. 24. Laws and Regulations, Laws or Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. Standard General Conditions of the Construction Contract-00700—Page 8 of 73 14'00700.doc Revised November2012 26. 2-5-.Liens—Charges, security interests, or encumbrances upon Project funds,real property, or personal property. 27. 2-6-. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 28. 2-7-. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 29. 2S-. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 30. 2-9-: Owner The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related puEpo se) prior to Substantial Completion of all the Work. 32.348: PCBs Polychlorinated biphenyls. 33. 34: Petroleum Petroleum, including` crude oil or any fraction thereof which is liquid at standard conditions of temperature' and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 34.'327 Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 35. 33-.Project The total construction of which the Work to be performed under the Contract Documents may be the whole,or a part. 36. 34: Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes,is contained in the table(s)of contents. 37. 3-5. Radioactive Material.:Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.) as amended from time to time. 38. 36-.Resident Project Representative The authorized representative of Engineer who may be assigned to the Site or any part thereof. 39. 3-7-. Samples Physical examples of materials, equipment, ;or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. Standard General Conditions of the Construction Contract-00700 Page 9 of 73 14 00700.doc Revised November 2012 40. 3S-. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 41. 397 Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 42. 40 Shop Drawings All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 43. 4� Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including'rights-of-way and 'easements for access thereto,and such other lands fizrnished by Owner which are designated for the use of Contractor. 44. 42-. Specifications That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to}the Work, and certain administrative requirements and procedural matters applicable thereto. 45.i 43-. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 46. 44. Substantial Completion The time at which the Work (or a specified part thereof) has progressed to the point where,in the opinion of Engineer,the Work(or a specified part thereof)is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified ;part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and"substantially completed"as applied to all or part of the Work refer to Substantial Completion thereof. 47. 45 Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 48.' 46: Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 49. 4-7-. Supplier—A manufacturer, fabricator, supplier, distributor, materiahnan, or vendor having a'direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 50. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments,'and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic'or other control systems. 51.'49: Unit Price Work—Work to be paid'for on the basis of unit prices. Standard General Conditions of the Construction Contract=00700-Page 10 of'73 14 00700.doc Revised November 2012 52. 50: Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 53. 54-. Work Change Directive—`A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that;the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect,if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms as allowed, as approved, as ordered, as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives reasonable, suitable, acceptable, proper, "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority;to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of"Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty,or deficient in that it: a. does not conform to the Contract Documents;or Standard General Conditions of the Construction Contract-00700-Page 11 of 73 14 00700.doc Revised November 2012 b. does not meet the requirements of any applicable inspection, reference standard, test, or approval ireferred to in the Contract Documents;or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish,Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location)ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services,materials,or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When furnish," "install,` ". perform, "provide'provide is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2-PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence oflnsurance A. When Contractor delivers the executed counterparts of the Agreement to Owner,Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before Owner will execute the Agreement'and before any Work at the Site is started, Contractor and Own shall each deliver to Owner the etl , with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance(and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and eefi .ely a,o is required to purchase and maintain in accordance Owner �r.,.,�...,�, �d_ q with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or;hard copies of the Drawings and Project Manual.Additional copies will be furnished upon request at the cost of reproduction. Standard General Conditions of the Construction Contract'=00700-Page 12 of73 14 00700.doc Revised November'2012 203 Commencement of Contract Times;Notice to Proceed A. Following the execution of the Agreement by the Owner and the Contractor, written Notice to Proceed with the Work shall be given by the Owner to the Contractor. The Contract Times will commence to run on the#iirtieth d.y afieF the Eff-etiye Date'of the n greemepA if a N tiee t Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In No event will GopAfaet T4mes eemmenee to am later- than the siyAieth day after the day ef Bid opening e 4fittieth day after the Effeetive Date of the Agreement,w-Mehever-date is eadien 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run,No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules; Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. ;a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance'of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 4, a preliminary list of construction equipment with hourly rates, owned or rented by :the Contractor and all Subcontractors that will be used in the performance of the Work. The equipment list will include information necessary to confirm the hourly rates in accordance with paragraph 11.01A.5.c of these General Conditions including: make, model, and year manufacture as well as the horse power, capacity or weight, and accessories. 2.06 Preconstruction Conference;Designation of Authorized Representatives A. Before any Work at the Site its started, a conference attended by Owner, 'Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A,procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. Standard General Conditions of the Construction Contract 00700-Page 13 of 73 14 00700.doc Revised November 2012 B. At this conference Owner and Contractor each shall designate,in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions,receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Applieation for-Pa)mient a eenfer-enee a#eaded by Contraoer-shall haw an additional 10 days to make eeffec4ens and a(Ijustments and to eov*ete sehe"es are submWed to Engineer.- A. Prior to the first application for payment, all schedules and documents identified in paragraph 2.05.A of these' General Conditions shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by 'either' Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. 1. The Progress Schedule will be acceptable to Engineer and Owner if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer and Owner responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefore. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. 'Contractor's`Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. 4. Contractor's Schedule of Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.01.A.5c of these General Conditions. ARTICLE 3-CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary;what is required by one is as binding as if required by all. Standard General Conditions of the Construction Contract-00700-Page 14 of 73 14 00700.doc Revised November2012 B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may,be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost.to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications,Codes, Laws, and Regulations 1. (Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations,whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids),except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their`subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner,Engineer, or any of their officers, directors,members,partners, employees,agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies' A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which' Contractor 'discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation (b) any standard, specification,manual, or code, or(c) any instruction of any Supplier,then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby(except in an emergency as required by Paragraph 6.16.A) until' an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. Standard General Conditions of the Construction Contract-00700-Page 15 of 73 14 00700.doc Revised November 2012 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either"a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be,supplemented, and minor variations and deviations in the Work may be authorized,by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants,including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. Standard General Conditions of the Construction Contract=00700-Page 16 of73 14 00700.doc Revised`November 2012 306 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies(also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS;REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site.+Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically;related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05.' B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary'construction'facilities or storage of materials and equipment. D. If it is necessary or desirable that the Contractor use land outside of the Owner's easement or right-of-way, the Contractor shall obtain written consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or ocgi fy or any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, anX private property outside the designated construction easement boundaries or right-of-way without written permission from the property owner and tenant. Standard General Conditions of the Construction Contract-00700-Page 17 of 73 14 00700.doc Revised November 2012 4.02 Subsurface and Physical Conditions A. Reports and Drawings:: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those 'drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings,;but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer,or any of their officers, directors,members,partners, employees, agents, consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data,interpretations,opinions, or information.' 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any"technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents;or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith(except as aforesaid)until receipt of written order to'do Standard Genera{Conditions of the Construction Contract'-00700 Page 18 of 73 14 00700.doc Revised November2012 so. Contractor shall notify the Owner and Engineer in writing about differing subsurface or physical conditions within 5 days of discovery and before disturbing the subsurface as stated+ above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A,Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing(with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's 'cost of, or time required for, performance of the Work; subject, however,to the following: a. such condition'must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price'basis,'any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times i£ a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of aBid or becoming bound under a negotiated contract; or b, the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs,` losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. Standard General Conditions of the Construction Contract 00700-Page 19 of 73 14 00700.doc Revised November 2012 4.04 Underground Facilities A. Shown or Indicated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction;and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground'Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming ;aware thereof and before further disturbing conditions affected thereby or performing any Work in 'connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground'Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times,Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. Standard General Conditions of the Construction Contract-00700 Page 20 of 73 14'00700.doc Revised November 2012 4 05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors,members,partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto;or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations,opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall'be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers,or anyone else for whom Contractor is responsible. D. if Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental'Condition, Contractor shall immediately: (i)secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby(except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to Standard General Conditions of the Construction Contract-00700-Page 21 of 73 14 00700.doc Revised November 2012 timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption-of Work; or (ii) specifying any special conditions under which such Work maybe resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph'10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or'others'in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs,losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i)was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner'and Engineer, and the officers, directors,members,partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs,losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor'to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 1. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. Standard General Conditions of the Construction Contract'-00700=Page 22 of73 14 00700.doc Revised November 2012 ARTICLE 5-BONDS AND INSURANCE 501 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents'. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 1307, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as ,'provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 ;(amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. All bonds signed by an agent must have a Power of Attorney form attached to the Bond. The evidence of authority shall' show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.013, Contractor shall promptly notify Owner and Engineer and shall,within 20 days after the event giving rise to such notification,provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.013 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds'and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Ownff sW! deh-Nw to Gepaac4or-, with eopies to each additional i-fisufed and less paye pufehase and maintain. Standard General Conditions of the Construction Contract-00700-Page 23 of 73 14 00700.doc Revised November 2012 B. An Authorized Representative of the insurance company or the insurance agent for the Contractor shall review the specified insurance requirements of Article 5 and shall provide a completed Insurance Compliance Statement using the checklist form provided in the Miscellaneous Forms section. C. All insurance required to be provided under Article 5"shall be written in such a manner as to afford primary insurance coverageas opposed to excess or secondary coverage} as to meet or exceed the insurance requirements for all insureds and additional insureds and the respective directors officers partners gWloees agents and other consultants and subcontractors of each and any of all such additional insureds. ED.Failure of Owner to demand such certificates,endorsements or other evidence of Contractor's full compliance with these insurance requirements or failure of"Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. DBE_j3y requiring such insurance and insurance limits specified herein, Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. -EF.The insurance and insurance limits required herein shall not be 'deemed as a limitation on Contractor's liability under the indemnities granted,to Owner in the Contract Documents. 504 Contractor's Insurance A. Contractor shall' purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them maybe liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of or to Contractor's employees; 3. claims for damages because of bodily injury, sickness, disease, or death of any person other than Contractor's employees; 4: claims for damages insured by reasonably available personal injury liability coverage; afe sustained- a. e f uk .f an offense aii. a l� ,-,.a a tl y ate to t �� ent 0� oms. such per-son by n re v� o �.rv. ✓.. __✓ r..______ __ _ _ _ _ o !T V:V111IJ1V.�l11VJ14.. person t , t t • n h y any other- the ereo t f&iy!ether masef • Standard General Conditions of the Construction Contract'=00700—Page 24 of73 14 00700.doc Revised November 2012 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located,including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership,maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5,04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, Engineer's Consultants and any other individuals or 'entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. 'include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled,materially changed or renewal refused until at least 30 days 45 dUs or 10 days if allowed by MCA 33- 15-1103) prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect for a period of at least uflfi4 one year following final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for tie-three years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued,,evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one for each year thereafter until this provision is satisfied. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability Standard General Conditions of the Construction Contract-00700-Page 25 of 73 14 00700.doc Revised November 2012 insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Own Contractor shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations).This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, Sub-subcontractors and Engineer, Engineer's Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk"all-risk"policy form that lshall ^at leas 'include insurance for physical loss or damage to the Work, including machinery and testing and start Lip of machinery (m uding electrical' units), temporary buildings, falsework, and materials and equipment in transit, and materials stored off premises that are to become part of the project and shall insure against Special Perils to include at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage(other than that caused by flood), flood, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions'. 3. include expenses incurred in the repair or replacement of any insured property(including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the Site or at another location that was agFeed to i w ri fi g by 0«.v,or prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. be endorsed' o allow occupancy and to allow for partial utilization of the Work by Owner; and specifically endorse the Builder's Risk policy to allow for such action: 6. 'include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with-0 45 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional,property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, -Engineer, Engineer's Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of Standard General Conditions of the Construction Contract-00700 Page 26 of 73 14 00700.doc Revised November 2012 each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. Contractor shall be responsible for any deductible or self-insured retention. DC.All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained by Contractor in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least M 45 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. The qualifications of the insurance company shall comply with the requirements of paragraph 5.02 and the Supplementary Conditions. ED. to the extent of any dedae4ible amounts that are idei4ified in the S"plementexy Conditions. Th fis-k of less to the work within sueh idenfified deduetible ameu-FA will be bome by in thAs PafWaph 5.06 to pfotM the interests of Goiitr-aetof, S4eoi#Faeters, of others in the We , , and if any of them wishes property insufan own EE.If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall,if possible,include such insurance, and the cost 'thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. FC. Qualifications of the property insurance'company shall be as specified 'in the Supplementary Conditions. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, Engineer's Consultants, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them)in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event'of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner, and Contractor, Subcontractors, Engineer, Engineer's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds under such policies waive all rights against each other and their respective officers, directors, members,partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors,and Engineer,Engineer's Consultants, and all other individuals or entities Standard General Conditions of the Construction Contract-00700-Page 27 of 73 14 00700.doc Revised November2012 identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them)under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, Engineer's Consultants, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property'or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07.. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, or Engineer's Consultants, and the officers, directors,members, partners,'employees, agents, consultants and subcontractors of each and any of them. 508 Receipt and Application oflnsurance Proceeds A Amy;,iswea less- Losses insured under the policies of insurance required by Paragraph 5.06 and SC-5.06 that include Owner as a named insured will be adjusted with 8 Contractor and made payable to r Contractor as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. 9wxer Contractor shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged World shall be repaired or replaced, the moneys so l received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fidu3F first named insured shall have power to adjust and settle any loss'with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduei shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and,if required in writing by any party in interest, Owner as -fi&ei shall give bond for the proper performance of such duties. Arbitrators shall be chosen as provided'in paragraph 5.08.C. Owner shall in that case make settlement with the insurers in accordance with the direction of such arbitrators. If Standard General Conditions of the Construction Contract-00700 Page 28 of 73 14 00700.doc Revised November 2012 distribution of the insurance proceeds by arbitration is required, the arbitrators will direct such arbitration. C. Arbitrators,if required,shall be selected in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other parry in accordance with Article 5 on the basis of non-conformance with the Contract Documents,the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure'to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be'issued to adjust the Contract Price accordingly. 5.10 Partial Utilization,Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 and SC5.06 have acknowledged i notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies,but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, ,devoting such attention thereto and applying such skills and expertise as may necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means,method,technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times,during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except , under extraordinary circumstances. Standard General Conditions of the Construction Contract-00700-Page 29 of 73 14 00700.doc Revised November 2012 6.02 Labor; Worldng Hours A. Contractor shall provide competent,i suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. Contractor shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. Except as otherwise required for the safety;or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (wl4eh wi not be trrffeasenab=y wi"eld) given after prior written notice to Engineer. Emergency work may be done without prior permission. 6.03 Services,Materials, and Equipment A. Unless otherwise specified in the Contract Documents,Contractor shall provide and assume full responsibility for all services,materials, equipment,labor,transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance,testing, start-up,and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or,if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests)as to the source,kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided'in the Contract Documents. 6.04 Progress Schedule A. Contractor shall iadhere to the Progress Schedule established in accordance with Paragraph 2.07 as it maybe adjusted from time to time as provided below. 1. Contractor shall submit to Engineer f aeeeptanee Oe the ex4eat hidieated i Paragraph 2.07) with each application for payment an undated progyess schedule reflecting the amount of work completed and proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply ;with any provisions of the General Requirements applicable thereto. 2. Until the updated schedules are submitted to and acceptable to Engineer and Owner, Owner may withhold an amount from a progress payment that is sufficient to pay the direct expenses that Owner may reasonably expect will be necessary to correct anproblems based on Contractor's'failure to submit acceptable updated schedules. Review and acceptance of progress schedules`by the Engineer will neither impose on Engineer responsibility for the Standard General Conditions of the Construction Contract-00700-Page 30 of 73 14 00700.doc Revised November 2012 ;sequencing, scheduling or progress of the Work,nor interfere with or relieve Contractor from Contractor's full responsibility therefore. 32.'Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal"Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which i case review and approval' of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.`1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in ;materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that,if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. Standard General Conditions of the Construction Contract-00700-Page 31 of 73 14 00700.doc Revised November 2012 b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the'General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use.The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change;in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item,and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering,sales,maintenance,repair,and replacement services; and 4)' shall' contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. Standard General Conditions of the Construction Contract'—00700-Page 32 of'73 14 00700.doc Revised November 2012 B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract 'Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to fimlish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 605.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute.' Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner)resulting from the acceptance of each proposed substitute. 1. Payment for such evaluation and redesign shall be made at the hourly rates specified in the Bid Form and made by deduction from the monthly progress payments and the final payment as the evaluation and redesign Wenses are incurred. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or equal"at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents)of any such Subcontractor, Supplier, or other Standard General Conditions of the Construction Contract-00700-Page 33 of 73 14 00700.doc Revised November 2012 individual)or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity,whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions.'Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier,or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity;nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the paytnent'of any moneys due any such Subcontractor, Supplier,or other individual or entity except as may otherwise be required by Laws and Regulations. Owner or Engineer may furnish to any such Subcontractor Supplier or other person or organization,to the extent practicable information about'amounts paid to Contractor in accordance with Contractor's Applications for'Payment on account of the particular Subcontractor's Suppliers, or other person's or other organization's Work. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided i in Paragraph 5.06,'the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor'or Supplier'waives all rights ,against Owner, Contractor, Engineer, Engineer's Consultants, and all+other individuals or entities identified'in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members,partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of,relating to,or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Standard General Conditions of the Construction Contract-00700-Page 34 of73 14 00700.doc Revised November 2012 Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the'Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others,the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, ;Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages(including but not limited to all fees and charges of engineers, architects,attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention,;design,process,product,or device specified in the Contract Documents,but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, and Engineer, Engineer's Consultants, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,'! architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor,when necessary,in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work.' 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall' comply with all Laws and Regulations applicable' to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. Standard General Conditions of the Construction Contract 00700-Page 35 of 73 14 00700.doc Revised November 2012 B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids)having an effect on the cost or time of performance of the Work shall may be the subject of an adjustment in Contract'Price or Contract Times.If Owner and Contractor are unable to agree on entitlement to or on the amount or extent,if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall' pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment,the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer,Engineer's Consultants, and the officers, directors,members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims,, costs, losses, and damages (including but i not limited to all fees and charges of engineers, architects,';attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work.: B. Removal of Debris During Performance of the Work: During; the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. Standard General Conditions of the Construction Contract 00700=Page 36 of 73 14 00700.doc Revised November 2012 C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. B. The cost of any additional work required of the Engineer to complete the record documents due to failure of the Contractor to maintain adequate record documents shall be calculated at the hourly rates specified in the Bid Form for unscheduled employment of the Engineer. Payment for such work shall be made by deduction from the monthly progress payments and the final payment as the costs are incurred. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their'responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage,'injury or loss to: l. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein,whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal,relocation,or replacement in the course of construction.' B. Contractor shall'comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or,loss; and shall erect'and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of;adjacent property and of Underground Facilities and other utility owners when Standard General Conditions of the Construction Contract-00700-Page 37 of 73 14 00700.doc Revised November 2012 prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,relocation,and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A2 or 613.A.3 caused, directly or indirectly,in whole or in part,by Contractor, any Subcontractor,Supplier,or any other individual or entity directly or indirectly employed by any of them to perform any of the Work,or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or Engineer's Consultants,or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part,to the fault or negligence of Contractor or any Subcontractor,Supplier,or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). Q. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for 'initiating, maintaining and supervising safety precautions and programs in connection with the Work While Owner and Engineer'may have the right to observe and report or otherwise review the work ,progress and operations of Contractor and any subcontractors or suppliers this observation report or review shall not relieve Contractor from any of its covenants and obligations hereunder. Contractor shall incorporate all safety requirements into its construction progress and work schedules including'preconstruction and regularly scheduled safety meetings posted safety rules, tailgate meetings and site inspections by safety and other inspectors employ by the Contractor. H. The Contractor shall be responsible for and shall take necessM precautions and provide all material and equipment to protect shore brace, support and maintain all underground work and facilities 'including pipes conduits drains sewers water mains gas mains'cables etc., and other underground construction work uncovered in the proximity or otherwise affected by the construction work performed by him All pavement surfacing, driveways' curbs walks buildings'grass'areas, trees utility_poles or guy wires damaged by the Contractor's operations in the performance of this work shall be repaired and/or replaced to the satisfaction of the Owner, Engineer, and affected"property owner at the Contractor's expense. The Contractor shall also be responsible for all damage to streets,roads hi hways, shoulders ditches embankments,culverts bridges, or other public or private property or facility, regardless of location or character, which may be caused by the work, including moving hauling or otherwise transporting equipment, materials' or men to and from the work or 4py part of the site thereof, whether by him or his Standard General Conditions of the Construction Contract 00700`—Page 38 of 73 i 14 00700.doc Revised November2012 subcontractors. The Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authori1y having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. I. The Contractor shall conduct his work so as to interfere as little as possible with public travel whether vehicular or pedestrian. Whenever it is necessary to cross obstruct or close roads driveways, or walks, whether pubic or private the Contractor shall obtain approval from the governing party and shall, at his own expense provide and maintain suitable and safe bridges detours, and other temporary expedients for the accommodation of public and private drives before interfering with them.' Safely provsions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property or from the authority aving jurisdiction over public property involved,to obstruct traffic at the designated point. 6.14 Safety Representative A. Contractor shall designate a;qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. Standard General Conditions of the Construction Contract-00700-Page 39 of 73 14 00700.doc Revised November 2012 b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria,;materials,and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample,Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples'and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements,'materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability, of all materials offered with respect to the indicated application, fabrication, shipping, handling,`storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident'thereto. 2. `Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents.' This notice i shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: Standard General Conditions of the Construction Contract—00700-Page 40 of 73 14 00700.doc Revised November 2012 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means,methods,techniques, sequences, or procedures of construction(except where a particular means,method,technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to'safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. 'Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies'of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions' other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner'and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse,'modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom' Contractor is responsible; or 2. normal wear and tear under normal usage. Standard General Conditions of the Construction Contract-00700-Page 41 of 73 14 00700.doc Revised November 2012 C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute.None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment, 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection,test,or approval by others;or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, and Engineer, Engineer's Consultants, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, demands, liability, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or relating to the performance of the Work,provided that any such claim, demand, liability, cost, loss, or damage is attributable to bodily injury,sickness,disease,or death, or to injury to or destruction of tangible property(other than the Work itself), including the loss'of use resulting therefrom but only to the extent caused by any act or omission of Contractor, any Subcontractor, any Supplier,or any individual or entity directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. B. While Owner and Engineer may have the right to observe or otherwise review the work,progress, and operations of the Contractor, and an Subcontractors or Suppliers, it is expressly understood and agreed that this observation report or review shall not relieve the Contractor from any of its covenants and obligations hereunder. CD. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, 'consultants, or subcontractors by any employee (or the survivor or personal representative of such employee)of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work,or anyone for whose acts any of them maybe liable,the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier,'or Standard General Conditions of the Construction Contract'—00700-Page 42 of 73 14 00700.doc Revised November 2012 other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. D_E.The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps,Drawings, opinions, reports,surveys, Change Orders,designs,or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. E. The exceptions to Contractor's indemnification obligations 'under'paragr ph 6.20.1) shall not gppl to claim or demand against Engineer and Engineer's Consultants or to the officers directors,partners, employees, agents and other consultants and subcontractors of each and any of them which is based on asserted liability for the reporting or failing to report of matters relating to alleged health and safely violations in connection with the work of Contractor and any Subcontractor or Supplier. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a'design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such 'services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals,provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed :in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. Standard General Conditions of the Construction Contract 00700 Page 43 of 73 14 00700.doc Revised November 2012 E. Contractor shall' not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7-OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project'at the Site with Owner's employees, ;or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents,then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price`or Contract Times that should be allowed as a result of such other work, a Claim maybe made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees,proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such 'other work as fit and proper for integration with'Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided.' Standard General Conditions of the Construction Contract—00700 Page 44 of 73 14 00700.doc Revised November 2012 B. Unless otherwise provided in the Supplementary Conditions,Owner shall have sole authority and responsibility for such coordination.. 703 Legal Relationships A. Paragraphs 7.01A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under'direct'contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8-OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. hi case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07C. 8.05 Lands and Easements;Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any,with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. Standard General Conditions of the Construction Contract-00700-Page 45 of 73 14 00700.doc Revised November 2012 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques,sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations;applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 811 Evidence of Financial Arrangements A. Upon request of Contractor, ;Owner shall furnish Contractor''reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are iset forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as 'Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work.Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work.Engineer's efforts Standard General Conditions of the Construction'Contract'=00700 Page 46 of 73 14 00700doc Revised November'2012 will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09.Particularly,but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph' 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations'in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly.If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times,or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, ,of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05.E B. However,there will be no relaxing;, substituting or qualif3dng M portion of the Specifications unless such change is approved in writing by the Engineer and Owner. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated,installed, or completed.' Standard General Conditions of the Construction Contract-00700-Page 47 of 73 14 00700.doc Revised November 2012 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples,see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11,and 12. D. In connection with Engineer's authority as to Applications for Payment,see'Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data)upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both,a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be 'final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 909 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any Standard General Conditions of the Construction iContracti-00700i-Page 48 of 73 14 00700.doc Revised November 2012 authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques,,sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier,or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with,the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to Engineer's Consultants, if any, the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with,Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety,Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents(except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent,if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 1002 Unauthorized Changes in the Work A. Contractor' shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Standard General Conditions of the Construction Contract-00700—'Page 49 of 73 14 00700.doc Revised November 2012 Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph' 13.08.A or Owner's correction of defective Work under Paragraph 13.09,or(iii)agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties,including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered'by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be 'taken from any such decision,in accordance with the provisions of the Contract Documents and applicable Laws and Regulations,but during any such appeal,Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the 'Contract Documents (including, but not limited to Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required. All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly(but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Times shall be prepared in accordance'with the provisions of Paragraph 12.02.13. Each Standard General Conditions of the Construction Contract—00700—Page 50 of 73 14 00700.doc Revised'November 2012 Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal(unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. ',approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days,the Claim shall be deemed denied. E. Engineer's written action under Paragraph'10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11=COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.0l.B,necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project,shall not include any of the costs itemized in Paragraph 11.01.13, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include,but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' Standard General Conditions of the Construction Contract-00700—Page 51 of 73 14 00700.doc Revised November 2012 compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work,including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless'Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner.All trade discounts,rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner,who will then determine,with the advice of Engineer,which bids,if any,will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories,surveyors, attorneys, and accountants)employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading,'unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms'of said rental agreements. The rental of any;such equipment,machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other' similar taxes related to the Work, {and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits 'lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. Standard General Conditions of the Construction Contract'=00700 Page 52 of73 14 00700.doc Revised November2012 f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except;losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.1)), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any;of them may be liable. Such losses 'shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams,long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships ' and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction` of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general'expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A1 C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. Standard General Conditions of the Construction Contract-00700=Page 53 of 73 14 00700.doc Revised November 2012 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting'practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as maybe acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor(less any applicable trade discounts)of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. 'Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment,;an appropriate Change Order will be issued as recommended by Engineer to reflect 'actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed'to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated.quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities'and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Standard General Conditions of the Construction Contract-00700-Page 54 of 73 14 00700.doc Revised November 2012 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: signifleanfly from the estimated quatAity of sueh item indieated in the Agr-eeme-PA; an 2. there is no eoffespond4t adjustmepA with fespeet to a"othef item of Work; and 1. the quantily of a particular item of Unit Price Work performed by Contractor differs by more than 25 percent from the estimated qugEtfty of such item indicated in the Agreement; and 2. the total cost of the particular individual item of Unit Price Work amounts to 10 percent or more of the Contract Price which is the total sum of all schedules (if any); and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12-CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Cliange of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved'is covered by unit prices contained in the Contract Documents,by application of such unit' prices to the quantities' of the items involved (subject to the provisions of Paragraph 11.03);or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum(which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a'lump sum is not reached under Paragraph 12.0132, on the basis of the Cost of the Work (determined as provided in Paragraph ;11.01) plus 'a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's`fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon,then a fee based on the following percentages of the various portions of the Cost of the Work: Standard General Conditions of the Construction Contract-00700-Page 55 of 73 14 00700.doc Revised November 2012 a. for costs incurred under Paragraphs 11.0 LA.1 and 111.0I.A.2, the Contractor's fee shall be;15 percent; b. for costs incurred under Paragraph 11.01.A.3,the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.0l.C.2 b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.0LA.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor;! d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5,and 1 LO13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the'actual'net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent'of such net decrease; and £ when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e,inclusive. D. Lump sum quotations for modifications to the Work shall include substantiating documentation with an itemized breakdown of direct project related Contractor and Subcontractor costs, including'labor, materials rentals and approved `services as summarized in paragraphs 11.01A.1 through 1'I 01 A 4 and overhead and profit(fixed fee} as defined in paragraph 12OI.C. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other parry to the Contract in accordance with the provisions of Paragraph 1005. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor,the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 1202.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7,fires,floods, epidemics,abnormal weather conditions,'or acts of God. Standard General Conditions of the Construction Contract-00700 Page 56 of 73 14 00700.doc Revised November 2012 B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers,directors,members,partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. F. Should the Contractor request a construction shutdown due to the reasons listed in paragraph 12,03.A and should a shutdown be approved by the Engineer and Owner, all work on the project shall cease. The Engineer will not be available for work inspection during such shutdowns and any work' completed by the Contractor during such shutdown will not be accepted by the Engineer or Owner. ARTICLE 13 TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and 'personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. Standard General Conditions of the Construction Contract-00700-Page 57 of 73 14 00700.doc Revised November 2012 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate)required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections,tests,or approvals required by Contract Documents except:' 1. for inspections,tests,or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work(or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated'in the Work; or acceptance of materials,mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation'in the Work. Such inspections,tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer,be uncovered for Engineer's observation and replaced at Contractor's expense'. B. If Engineer considers it necessary or advisable that covered Work be observed;by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question,furnishing all necessary labor,material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, Standard General Conditions of the Construction Contract 00700-Page 58 of 73 14 00700.doc Revised November 2012 and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, 'directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for,or employee for agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee,if any,on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion(or such longer period of time as may be prescribed by the 'terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall;promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or Standard General Conditions of the Construction Contract-00700—,page 59 of 73 14 00700.doc Revised November 2012 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner'may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects,' attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement(including but not limited to all costs of repair or replacement of work of others)will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work,the correction period for that item may start to run from an earlier date if so provided in the Specifications.' D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07,the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall'not be construed as a substitute for, or a waiver of,the provisions of any applicable'statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer)prefers to accept it, Owner may do so. Contractor shall pay all claims, costs,losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior+ to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05.'If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. Standard General Conditions of the Construction Contract'-00700=Page 60 of 73 14 00700.doc Revised November'2012 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all on part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction,removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14-PAYMENTS TO CONTRACTOR`AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor 'shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as Standard General Conditions of the Construction Contract-00700-Page,61 of 73 14 00700.doc Revised November 2012 of the date of the;Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of'sale, invoice, or other documentation'warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein,all of which must be satisfactory to Owner. Payments for materials in storage shall be based only_upon the actual cost of the materials and equipment to "Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the fist progress payment application However, proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No 1 Without such documentation amounts paid'for materials in storage will be deducted from subsequent payments Be"nrling with the second application all requests for'payment for materials in storage shall be accompanied by'Bill of Sale invoice or other document warranting clear title as required above. r Beg4ming with the seeend n,.,,lieation f(w P-i 5me-nA, @af`rr Appplieation s1,A roes,de an s tl- asseeiated withprior- n,.�heations for-nit „o Agree 2 Each application for progress payment shall be accompanied by the Contractor's updated schedule of'operations, or progress report with such shop drawings schedules, procurement schedules value of materials on hand included in application, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. After the first progress paw which requests payment for materials in storage has been made by the Contractor to the Owner, the Contractor must submit with the following month's payment request, evidence satisfactory to the Owner that such material has been paid for. Failure to provide this evidence with the first request and subsequent requests will result'in withholding from subsequent progress payments the amount in dispute requested for materials in storage in accordance with Paragraph 14.02B. 3 The Owner may retain a portion'of the amount otherwise due the Contractor. Except as state law otherwise provides the amount retained by the Owner shall be as stipulated in the Agreement In accordance with state flaw the Owner may accept deposited securities in lieu of cash retainage ''Retainage may be used by the Owner to offset costs for any of the losses enumerated in Paragraphs 14 02 B 5 a through 14 02 B 5 d inclusive 14 02 D 1 a through 14 02D 1 d inclusive or 1 S 02 C In addition,retainagee_may be used by the Owner to protect against loss from failure'by the Contractor to complete necessary work and to offset any damages due Owner as liquidated damages or as damages' for additional engineering services.. Standard General Conditions of the Construction Contract'—00700 Page 62 of 73 14 00700.doe Revised November'2012 4. Damages for additional engineering services shall be calculated at the hourly rates indicated in the Bid Form. Liquidated damages and damages for additional engineering services shall be paid by deduction from monthly progress pay estimates and the final pay estimate as the damages are incurred. 5. Each application for progress payment shall be accompanied by a statement of certification by the Contractor that no claim exists against the Owner or Engineer unless expressly stated otherwise; that the payment claimed represents the actual value of the work accomplished; that the work accomplished and materials<supplied are in accordance with the Contract Documents; that the quantities claimed were properly determined; and that all labor provisions have been complied with in full. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of;any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge,information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07,and;any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending' any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check`the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents;or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. Standard General Conditions of the Construction Contract-'00700-Page 63 of 73 14 00700.doc Revised November 2012 4. Neither Engineer's review of Contractor's Work for the purposes"of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise,direct,or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto,or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price,or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. 'Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B2. Engineer may also refuse to recommend any such payment or,because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to'correct defective Work or complete Work in accordance with Paragraph 13.09;or d. Engineer has actual knowledge of the occurrence of any of the!events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D)become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. 'Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against'Owner on account of Contractor's performance or furnishing of the Work; Standard General Conditions of the Construction"Contract—00700—Page 64 of73 14 00700:doc Revised November 2012 b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended, including, but not limited to liquidated damages and damages for additional en 'nig eering services; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 1402.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor,when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.i and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment''free and clear of all Liens. B. Neither recommendation of any progress'payment by Engineer, nor'payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not for the full insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor's obligation to provide insurance (mcludingproperty insurance), as required in Article 5 of these General Conditions and the Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Standard General Conditions of the Construction Contract-00700-Page 65 of 73 14'00700.doc Revised November 2012 Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete,Engineer will deliver to Owner a"tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work 'substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative'certificate of Substantial, Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance,' and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion,Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner,Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work,subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor,Owner, and Engineer will follow the procedures of Paragraph 1404.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer Standard General Conditions of the Construction Contract—00700-Page 66 of73 14 00700.doc Revised November 2012 does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04`will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. B. Owner has the right to take possession of or use any completed or substantially coMpleted portions of the iwork at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Owner's use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner's use of any facilities not specifically identified in the Contract Documents will be in accordance with conditions agreed to np 'or to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adjusted with a Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the entire work will be done in accordance with Article 14.04. Guarantee periods for accepted or substantially CoMpleted work including mechanical and electrical equipment will commence upon the start of continuous use by Owner. All tests and instruction of Owner's personnel must be satisfactorily completed, and Owner shall assume responsibility for and operation of all facilities occupied or used except as may arise through portions of work not e�pleted by Contractor. If the work has been substantially completed and the Engineer certifies that full completion thereof is materially delayed through no fault of the Contractor, the Owner shall, without terminating the he Agreement, make payment of the balance due for the portion of the work fully cqmpleted and accepted. 14.06 Final Inspection A. Upon written notice from Contractor that the entire' Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. After Contractor has remedied all deficiencies to the satisfaction of the Owner and Engineer and delivered all construction records,maintenance and operating instructions, schedules, guarantees bonds, certificates of inspection, and other documents (all as required by the Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer that the work is acceptable. Standard General Conditions of the Construction Contract-00700-Page 67 of 73 14 00700.doc Revised November 2012 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance;required by Paragraph 5.04.B.6; b. consent of the surety,if any,;to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls,material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property,have been paid or otherwise satisfied. If any Subcontractor or Supplier'fails to furnish such a release'or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer'will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: Standard General Conditions of the Construction Contract—00700 Page 68 of73 14 00700.doc Revised November 2012 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation,the amount recommended by Engineer,less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages,will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon;receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, 'and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it`shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor;against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work' A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall'be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 1005. 15.02 Owner May Terminate for Cause A. If the Contractor fails to complete the work required by the Contract Documents, or upon The occurrence of any one or more of the following events, w411 justify*o,.,,.,;,,,tie the Owner may terminate the Agreement relating to the whole Work or M portion thereof for cause: Standard General Conditions of the Construction Contract-00700-Page 69 of 73 14 00700.doc Revised November2012 1. 'Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers for suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer;or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools,appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. 'incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.023, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs,losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and'damages exceed such unpaid balance„Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.023 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. Standard General Conditions of the Construction Contract—00700-Page 70 of 73 14 00700.doc Revised November 2012 F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination;procedures of that bond shall.supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for(without duplication of any items): 1. icompleted and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. ;expenses sustained prior to the effective date of termination'in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work,plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages'(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall' not be paid on account of loss of'anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work'or Terminate A. If, through no act or fault of Contractor, (i)the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or(ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may,upon seven days written notice to Owner and Engineer, and provided Owner`or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy,if Engineer has failed to act on an Application for Payment within 30 days'after it is submitted,or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not 'intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. Standard General Conditions of the Construction Contract-00700-Page 71 of 73 14 00700.doc Revised November 2012 ARTICLE 16 DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry;Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract.Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days;of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation,Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless,!within that time period,Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. ;agrees with the other party to submit the Claim to another dispute resolution process;or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual'or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. The business address for giving notices of Contractor given in the Agreement is hereby designated as the place to which all notices letters and other communication to Contractor will be mailed or delivered; The address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices letters and other communication to Owner shall be mailed or delivered Either part�may change its address at any time by an instrument in writing delivered to Engineer and to the other party. Standard General Conditions of the Construction Contract—00700-Page 72 of 73 14 00700.doc Revised November2012 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights;and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or ,guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation,right,and remedy to which they apply. 17.04 Survival of Obligations A. All_representations, indemnifications, warranties, and guarantees made in,required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. Standard General Conditions of the Construction Contract=00700—Page 73 of 73 14 00700.doc Revised November 2012 SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC C-700 (2007 Edition) All provisions which are not 'so amended or supplemented remain in full force and effect. The terms used in these 'Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings indicated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. Index of Supplementary Conditions to the General Conditions Article or Paragraph No. Title or Subject Matter SC-1.01.A.20 Engineer's Consultants SC-2.01 Delivery of Bonds and Evidence of Insurance' SC-2.07 Initial Acceptance of Schedules SC-3.03'.13 Resolving Discrepancies SC-4.02 Subsurface and Physical Conditions - Technical Data SC-4.04 Underground Facilities SC-4.05' Reference Points SC-4.06 Hazardous Environmental Condition at Site -"Technical Data" SC-5.02 Licensed Sureties and Insurers SC-5.04' Contractor's Liability Insurance SC-5.06 Property Insurance - Purchased by Contractor SC-6.02 Labor; Working Hours SC-6.03 Services, Materials, and Equipment SC-6.05' Substitute and "Or Equal" Items SC-6.06 Concerning Subcontractors, Suppliers and Others SC-6.08 Special Fuel User's Permit SC-6.09 Laws and Regulations;, SC-6.13 Safety and Protection SC-6.17 Shop'Drawings and Samples SC-7.02 Coordination SC-7.04 Claims Between Contractors SC-9.03` Project Representative SC-11.01.A.5.c Equipment Rental Rates - Use of Blue Book SC-13.03 Tests and Inspections SC-14.02.E Progress Payments- Whole or Partial Payment Refused by Engineer SC-14.02.0 Progress Payments —Payment Becomes 'Due SC-14.02.D Progress Payments - Full Payment Refusal by Owner Supplementary Conditions -00810-Page 1 of 18 15 0081 O.doc Revised December,2011 SC-14.07 A Final Payment Application —'Releases and Waivers SC-14.07.B Final Payment - Refusal by Engineer SCA 4.07.0 Final Payment - Payment Becomes Due SC-16.02 Dispute Resolution - Mediation SC-17.04 Survival of Obligation Statutes of Limitations SC-1.01.A.20 ENGINEER'S CONSULTANTS SC-1.01.A.20 Engineer's Consultants - The following persons, firms or corporations have provided or will provide professional services to the Engineer for the Project: Service Company Name N/A N/A SC-2.01 DELIVERY OF BONDS AND EVIDENCE OF INSURANCE Add a new paragraph immediately after paragraph 201.A of the General Conditions which is to read: B. Engineer shall furnish to Contractor four (4) copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, insert executed copies of the required Bonds and Power of Attorney and Certificates of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two (2) copies to the Contractor who shall promptly deliver one (1)i copy to his Surety. Owner shall also furnish one (1) counterpart or conformed copy to the Engineer and shall retain one (1) copy. SC-2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: A. Prior to the first application for payment, all schedules and documents identified in paragraph 2.05.A of these General Conditions shall be finalized and submitted to the Engineer and Owner. Until acceptable schedules are submitted to Engineer and Owner as provided below,' Owner may withhold an amount from a progress` payment that is sufficient to pay the direct expenses that Owner may reasonably expect will be necessary" to correct any problems based on Contractor's failure to submit acceptable schedules. The progress'schedule shall be CPM form or other acceptable format that shows estimated time for each work item, and starting and completion dates for each part of the Work. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work, and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. SC-3.03.13 RESOLVING DISCREPANCIES Add a new paragraph immediately after paragraph 3.0.3.B.1.b of the General Supplementary Conditions-00810-Page 2 of 18 15 00810.doc Revised December,2011 Conditions which is to read: C. In the event that any provision of the Contract Documents conflicts with another provision of the Contract Documents, the provision in the Contract Documents first listed below shall generally govern except as otherwise specifically stated: 1. Standard Form of Agreement 2. Performance and Payment Bond 3. Addenda to Contract Documents 4. Legal and Procedural Documents: a. Proposal b. Proposal Guaranty C. Instructions to Bidders d. Invitation to Bid 5. Special Provisions 6. Drawings 7. Detailed Specifications Requirements (Technical Specifications) 8. Supplementary Conditions 9. General Conditions SC-4.02 SUBSURFACE AND PHYSICAL CONDITIONS - TECHNICAL DATA Delete Paragraph 402.A and 4.02.13 in the General Conditions in their entirety and insert the following: A. No reports of explorations and tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing subsurface structures at the Site, are known to the Owner or Engineer. SC-4.04 UNDERGROUND FACILITIES Add the following new paragraph immediately after paragraph 4.04.A.2of the General Conditions: 3. In accordance with MCA 69-4-503, the Contractor shall, before beginning any excavation, notify through a one-call notification center, all owners of underground facilities and coordinate the Work with the owners of such underground facilities. Locators shall provide the locates and mark the locations within 2 business days or respond immediately if the excavator notifies the one-call notification center that an emergency exists. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. Supplementary Conditions-00810- Page 3 of 18 15 00810.doc Revised December,2011 SC-4.05 REFERENCE POINTS Add the following paragraphs immediately after paragraph 4.05.A of the General Conditions which are to read: B. The baselines and benchmarks to be furnished by the Owner are designated on the Drawings. If lost or destroyed by the Contractor, the baselines and benchmarks will be re-established by the Engineer. The cost of re-establishing disturbed baselines or benchmarks shall be calculated at the hourly rates specified in the Bid Form for unscheduled employment of the Engineer. Payment for such work shall be made by deduction from the monthly progress payments and the final payment as the costs are incurred. C. All other staking required by the Contractor to complete the work, including line and/or grade stakes, slope stakes, bluetops, etc., shall be provided by the Contractor. D. Construction surveys shall be done under the direction of a Registered Professional Engineer or Land Surveyor experienced in construction layout work. E. The Contractor shall notify the Engineer of any discrepancies between plan locations' and verified field locations or dimensions. All connections of new facilities to existing facilities (pavement, pipe and duct inverts, and other critical horizontal or vertical dimensions) shall be verified by the Contractor prior to starting construction. Any differences between the plans and field construction surveys will be resolved by the Engineer. F. When required, the Contractor shall provide a survey crew during normal working hours to assist the Engineer in checking lines and elevations in the Contractor's layout and for measuring quantities for payment`purposes as the work proceeds. The Contractor shall cooperate with,the Engineer so that the checking and 'measuring may be accomplished with the least interference to the Contractor's operations. SC-4.06 HAZARDOUS ENVIRONMENTAL CONDITION AT SITE "TECHNICAL DATA" Delete Paragraph 4.06.A' and 4.06.13 in the General Conditions in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions are known to the Owner or Engineer. SC-5.02 LICENSED SURETIES AND INSURERS Add the following immediately after paragraph 5.02.A of the General Conditions: B. Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the state of the project location, with minimum "A.M. Best Rating" of A-, VI, as will protect the Contractor, the vicarious acts Supplementary Conditions-00810-Page 4 of 18 15 00810.doe Revised December,;2011 of subcontractors, the Owner,; the 'Engineer, the Engineer's Consultants, and the respective directors, officers, partners, agents, employees and other consultants and subcontractors of each and any of all such additional insureds from claims forbodily injury (including sickness, disease and mental anguish), death, and property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and 'certificates of insurance, with binders, or certified copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverages shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy, including product and completed operations coverage, for a period of at least one year following the substantial completion date for property' damage resulting from occurrences during the agreement period. SC-5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraph immediately after paragraph 5 04.B of the General Conditions: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverages for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation and Related Coverages under Paragraphs 504.A.1 and 5.04.A.2 of the General Conditions: a. State Statutory b. Applicable Federal (e.g. Longshoremens) Statutory C. Employer's Liability $1,000,000.00 2. General Liability: Contractor's General Liability Insurance under paragraphs 5.04.A.3 through 5.04.A.6 of the General Conditions, which shall include a Commercial General Liability insurance policy based on Insurance Services Office (ISO) Form CG 00 01 12 07 or its equivalent. The coverage shall be based on an occurrence form and shall include, but not be limited to , coverage for Premises/Operations, ',Products/Completed Operations, Personal and Advertising Injury, Subcontractors, and Liability assumed under an insured contract. There shall be no endorsement or modification of the Commercial General Liability policy form that modifies the standard general liability policy arising from pollution, explosion, collapse, underground property damage, subsidence, or work performed by subcontractors. The General Aggregate Limit shall apply separately to each of the Contractor's projects per Form CG 2501, CG 2503, or equivalent. Supplementary Conditions -00810-Page 5 of 18 15 00810.doc Revised December,2011 a GENERAL AGGREGATE $5,000,000.00 b. Products - Completed Operations Aggregate $5,000,000.00 C. Personal and Advertising Injury (Each Occurrence) $5,000,000.00 d'. Bodily Injury and Property Damage (Each Occurrence) $5,000,000.00 e'. Contractor's Liability Insurance under 5.04.A.3 through' 5.04A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella! insurance. Primary occurrence limit cannot be less than $1,000,000.00. The deductible, if any, may not exceed $5,000.00 per occurrence. f. In the event the General Aggregate Limit is diminished by an amount greater than $500,000, Contractor shall provide notice to Owner of this fact, and shall again provide such notice on each subsequent occasion on which the General Aggregate Limit is again diminished by an amount greater than $500,000. g'. In addition to other requirements in the General Conditions, coverage will include the following at a minimum: Premises — Operations,; Operations of Independent Contractor, Contractual Liability, Personal Injury, Product and Completed Operations, and Per Project Aggregate Endorsement. NO additional;exclusions that modify the standard ISO Commercial General Liability policy form CG 00 01 in regard to pollution, explosion, collapse, underground property damage, subsidence, or work performed by subcontractors will be acceptable. 3. Automobile` Liability under paragraph 5i.04.A.6 of the General Conditions: a. Combined Single'Limit (bodily injury and property damage) Each Accident $ 5,000,000.00 b. Coverage to be written on a Symbol 1 (one) any auto basis, to include all owned, hired, and non-owned vehicles. C. Contractor's Automobile Liability Insurance under 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit can not be less than $1,000,000.00. The deductible, if any, may not exceed $5,000.00 per accident'. 4. The Contractual Liability Coverage required by Paragraph 5.04.13.3 of Supplementary Conditions-00810-Page 6 of 18 15 00810.doe Revised December,2011 the General Conditions shall provide coverage for not less than the following amounts: a General Aggregate $ 5,000,000.00 b. Each Occurrence $ 5,000,000.00 (Bodily Injury and Property Damage) 5. OWNERS and CONTRACTORS Protective Policy - Purchased By CONTRACTOR: In addition to the insurance required to be provided by Contractor under paragraph 5.04.A.1 through 504.A.6 inclusive, Contractor shall purchase and maintain a separate Owners and Contractors Protective Policy (OCP) to protect Owner against claims which may arise from operations under the Contract Documents, with limits of liability as specified below. This liability insurance shall include as additional insureds the Engineer and the Engineer's Consultants, and include coverage for the respective directors, officers, partners, employees, agents and other consultants and subcontractors of all such additional insureds. a General Aggregate $4000,000.00 b Each Occurrence $2,000,000.00 (Bodily Injury and Property Damage) The OCP policy shall remain in effect until completion of the project and final payment is made to the Contractor and all times thereafter when the Contractor may be correcting, removing, ;or replacing defective Work in accordance with Paragraph 13.07 of the General Conditions. The insurance policy will contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least forty-five (45) days prior written notice has been given to Owner and to each other additional insured (and the certificates of insurance furnished to Owner and each other additional insured will so provide). 6. Additional Insureds: a. With respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6, inclusive, include the following as additional insureds. Use the following Additional Insured Endorsements: ENTITY FORM Owner— City of Bozeman use Additional Insured Endorsements CG2010 and CG2037 Additional insured must include On-going Operations as well as Completed Operations. Supplementary Conditions -00810-Page 7 of 18 15 00810.doc Revised December,2011 Engineer- Morrison Maierle, Inc use Additional Insured Endorsement CG2032 Engineers' Consultants — N/A use Additional Insured Endorsement; CG2032 b With respect to the Owner's and Contractor's Protective Policy (OCP) insurance required by paragraph SC-5.04.C5, include the following as additional insureds. Use the following Additional Insured Endorsement: ENTITY FORM Engineer'- Morrison Maierle, Inc use Additional Insured Endorsement; CG2031 Engineers' Consultants— N/A use Additional Insured Endorsement; CG2031 SC-5.06 PROPERTY INSURANCE -PURCHASED BY CONTRACTOR A. With respect to the Contractor's property insurance coverage required by paragraph 5.06.A of the General Conditions, include the following as an insured or additional insured: OWNER: City of Bozeman SUBCONTRACTORS: All Tiers (Contractor to list Subcontractors) ENGINEER:'Morrison-Maierle, Inc. ENGINEER'S Consultants: N/A B. Deductible may not exceed $10,000 unless approved by appropriate Change Order. SC-6.02 LABOR; WORKING HOURS Add the following new paragraphs immediately after paragraph 6.02.E of the General Conditions: C. Working hours for the Contractor shall be limited to the hours between 7:00 a.m. and 7:00 p.m. and shall not exceed 10 hours per day with authorized overtime. With Owner and Engineer approval the Contractor may work a four day, ten hour per day work week. The Contractor must notify the Owner and Engineer in writing three (3) days in advance of his intention to iii work during other periods' to allow assignment of additional inspection personnel when they are reasonably 'available. Emergency work may be done without prior permission. D. If a resident project representative is reasonably available, the Engineer may authorize the Contractor to perform work during periods other than normal working hours and/or days. The cost of this inspection will be calculated at the hourly rate specified` in the Bid Form for unscheduled employment of the Engineer and will be deducted from the monthly progress payments and 'final payment as the costs are incurred.`; Supplementary Conditions-00810-Page 8 of 18 15 00810.doc Revised December,2011 SC-6.03 SERVICES, MATERIALS, AND EQUIPMENT Add the following paragraphs immediately after paragraph 6.03.0 of the General Conditions which are to read as follows: D. To ensure standardization and uniformity in all parts of the work under this Contract, like items of equipment shall be the products of one manufacturer. Like items of certain materials shall be the products of one manufacturer. E. Uniformity in like equipment items is required in order to provide the Owner with interchangeability capabilities, simplified spare parts inventory, and standardized maintenance programs and manufacturer's services. F. Uniformity in certain like material items is required in order to provide the Owner with a simplified spare materials inventory, continuity in patterns, color, and texture; and a standardized procedure for maintenance care and manufacturer's services. G. Visible architectural items such as exterior finishes, floor and wall covering, ceiling materials, doors, windows, cabinetwork, :paint, and miscellaneous appurtenances, when specified alike shall be standardized. H. Generally, material items exempt from standardization include structural steel, reinforcing steel, building insulation, roofing materials, sheet metal, materials specified only by reference to a recognized standard, and items hidden from view where interchangeability, color, and texture is not a significant factor for standardization. I. The Contractor shall inform his suppliers and subcontractors of these requirements, and shall provide the necessary coordination to accomplish the standardization specified. SC-6.06 CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS The following provisions supplement paragraphs 6.06.A and 6.06.13 of the General Conditions and paragraph 12.01 of the Instructions to Bidders: A. The Contractor shall not sublet any part of the work embraced within this contract without the consent of the Owner, and the Owner reserves the right to withdraw at any time from any subcontractor whose work has proven unsatisfactory, the right to be engaged in or employed upon any part of the work. B. In accordance with Instruction to Bidders, paragraph 12.01, all Bidders shall submit a list of all Subcontractors, Suppliers, or other persons or organizations (including those who are to furnish the principal items of materials and equipment) with their bid to the Owner. An experience statement with pertinent information as to similar projects and other evidence of qualification for each named Subcontractor, Supplier and other persons or organizations shall be furnished. Acceptance and substitution of proposed Subcontractors, Suppliers, or other persons or organization prior to Notice of Supplementary Conditions-00810-Page 9 of 18 15 00810.doc Revised December,2011 Award is governed by Instructions to Bidders paragraph 12.01. The Contractor may not change Subcontractors, Suppliers, or other persons and organizations accepted by Owner prior to the Notice of Award without the written permission of the Owner. C. Revocation of Subcontractor, Supplier, or other persons or organizations acceptance after the Effective Date of the Agreement is governed by General Condition 6.06.13. B. Special Fuel User's Permit Requirement. House Bill 319, passed by the 2011 Montana Legislature, requires contractors submitting bids for the construction, repair or maintenance of roads, streets or bridges to include their Special Fuel User's Permit number with their bid package. As of October 1, 2011, contractors submitting bids for construction contracts on any project involving road, street, or bridge construction and/or the repair or maintenance of any road, street, or bridge must include the contractor's Special Fuel User's Permit number if they use any special fuel, including diesel (dyed or not dyed). Per House Bill 319, a bid without the permit number may not be accepted. If a contractor does not use special fuel and is exempt from the law, then'the contractor must make this declaration with their bid. More information can be found at hftp://www.mdt.mt.gov/business/fueltax/ and hftp://www.mdt.mt.gov/other/fueltax/external/manuals/contractor booklet.pdf for bidders who do not have a current Special Fuel User's Permit and need to make an application. Allow adequate time for processing a new application. Call (406) 444-7689 for questions about the Special Fuel User's Permit. i SC-6.17 SHOP DRAWINGS AND SAMPLES Add the following paragraphs' immediately after paragraph 6.17.E of the General Conditions: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required 'approval of an item with no more than three (3) submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. G. In the event that Contractor requests a substitution for a previously approved item, Contractor shall reimburse Owner for Engineer's charges for such time unless the need for such substitution is beyond the control of Contractor. SC-9.03 PROJECT REPRESENTATIVE Add the following new paragraphs immediately after Paragraph 9.03A: B. The Resident Project Representative (RPR) will be Engineer's employee or agent at the Site, will act as directed by and under the supervision of Engineer, and will Supplementary Conditions-00810-Page 10!of 18 15 00810.doe Revised December,2011 confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall be through or with the full knowledge and approval of Contractor. The RPR shall: 1. Schedules: Review the progress schedule, schedule of Shop.Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies: of minutes thereof. 3. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's authorized representative, assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 4. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 5. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. 6. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 7. Review of Work and Rejection of Defective Work: a. Conduct on-Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Supplementary Conditions -00810-Page 11 of 18 15 00810.doc Revised December,2011 Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept'of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 8. Inspections, Tests, and System Startups: a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. 9. Records a. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment'. b. Maintain records for use in preparing Project documentation. 10 Reports a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change j Directives,' and Field Orders. Obtain backup material from Contractor. C. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work,damage to property by fire or other causes, or the discovery of any Hazardous Environmental Condition. 11. Payment Requests., Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment' requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 12. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and Supplementary Conditions-00810-Page 12 of 18 15 00810.doc Revised December,`2011 maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 13. Completion: a. Participate in a Substantial Completion inspection, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. b. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. C. The RPR shall not: 1. ' Authorize any; deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample 'submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. SC-11.01.A.5.c. EQUIPMENT RENTAL RATES - USE OF BLUE BOOK Supplementary Conditions -00810-Page 13 of 18 15 00810.doc Revised December,2011 Delete paragraph 11.01.A 5.c. of the General Conditions in its entirety and insert the following in its place: 11.01.A.5.c The cost for the use of all construction equipment and machinery and parts thereof whether owned by the Contractor or rented by others shall be calculated as follows. Cost will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, loading, and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates may be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to GC-2.05.A.4 and GC- 2.07.A, and as follows: 1. ' For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50 ;percent of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not, part of the scope of work bid, the equipment rental rates' will be negotiated prior to the work being performed. 4. Use of Blue Book rates, and review and approval of equipment rates associated with equipment lists submitted according to GC-2.05.A.4 and GC-2.07.A shall not extend to the settlement of any claim submitted under GC-10.05 and GC-1201. In claim settlements, actual costs are . recoverable, not blue book rates or rates approved with submittals of schedules of value or equipment lists. SC-13.03 TESTS AND INSPECTIONS Replace paragraph 13.03.13 of the General Conditions with the following: B. All quality control and compliance testing of work accomplished will be performed by the Contractor, or designated representative, where specified at no additional cost to the Owner. Where the specifications state that certain tests will be performed by the Owner, these tests will be done at no cost to the Contractor'except all tests for work or materials that fail to meet specified requirements shall be borne by the Contractor and shall be deducted from his progress payments. Where + the specifications require that certain materials are to be tested for suitability or in final position by the Contractor, the Contractor shall provide at his own expense by retaining the services of a certified independent testing laboratory. The Engineer will direct where and when tests are performed. Supplementary Conditions-00810-Page 14iof 18 15 00810.doc Revised December,'2011 SC-13.07 CORRECTION PERIOD If work is accepted by the Owner, then the Correction Period shall be two,(2) years from the date of acceptance. If work is NOT accepted by the Owner, then the Correction Period shall be two (2) years from the date the corrected work receives acceptance from the Owner. SC-14.02.13 PROGRESS PAYMENTS — WHOLE OR PARTIAL PAYMENT REFUSAL BY ENGINEER Add the following paragraph 14.02.13.E to the General Conditions: 6. Engineer may also refuse to recommend the whole or any part of any payment if, in Engineer's opinion, there exists: a. Unsatisfactory progress of the Work; b. Failure to remedy defective Work or materials; C. Disputed Work or materials; d. Failure to comply with material provisions of the Contract Documents; e. Failure of the Contractor to make timely payment upon request, including but not limited to payment for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; f. Damage to the Owner; or g. The existence of reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. SC-14.02.0 PROGRESS PAYMENTS — PAYMENT BECOMES DUE Delete paragraph 14.02.C.1 of ;the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor's Application for Payment, with Engineer's recommendation, review and act upon said payment within twenty-one (21) days after Contractor has submitted the application. Within fourteen (14) days after approving all or part of the application, the Owner will pay for the work approved (subject to the provisions of Paragraph 14.02.D of the General Conditions). SC-14.02.1) PROGRESS PAYMENTS - FULL PAYMENT REFUSAL BY OWNER Add the following paragraph 14.02.D.1e to the General Conditions; Supplementary Conditions -00810-Page 15 of 18 15 00810.doc Revised December,2011 e. there exists: i. Unsatisfactory progress of the Work; ii Failure to remedy defective Work or materials; iii'. Disputed Work or materials; iv. Failure to comply with material provisions of the Contract Documents.' V. Failure of the Contractor to make timely payment; upon request, including but not limited to payment for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; vi. Damage to the Owner; or vii. The existence of reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. Delete Paragraph 14.02.D.2 of the General Conditions in its entirety and replace it with the following: 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor written notice (with a copy to Engineer) within twenty-one (21) days of actual receipt of the Application for Payment by Engineer, stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner may only withhold an amount from a payment that is sufficient to pay the 'direct expenses that the Owner may reasonably expect will be necessary to correct any problems created by the 'items listed in Paragraph 14.02.D 1. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. SC-14.07. A FINAL PAYMENT APPLICATION - RELEASES AND WAIVERS Delete Paragraphs 14.07.A.2.d and 14.07.A.3 of the General Conditions'in their entirety and replace them with the following Paragraphs 14.07.A.2.d and 14.07.A.2.e: d. all releases and waivers in 'Contractor's possession for obligations for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent and royalties arising out of or related to the Work. e. an affidavit of Contractor certifying and warranting to Owner that all obligations for labor, equipment, ;materials, subcontracts, taxes, fees, professional 'services, rent and royalties arising out of or related to the Work will be fully paid and satisfied on receipt of final payment, and agreeing that the Contractor will indemnify, hold harmless and defend Owner against any and all claims, liabilities, demands, liens, damages and expenses for any obligation or asserted'obligation for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent and royalties arising out of or related to the Work. Supplementary Conditions-00810-Page 16 of 18 15 00810.doc Revised December,2011 SC-14.07.13 FINAL PAYMENT - REFUSAL BY ENGINEER Add the following to the end of Paragraph 14.07.13.1 of the General Conditions: Engineer may refuse to recommend final payment if, in Engineer's opinion, there exists: a. Unsatisfactory progress of the Work; b. Failure to remedy defective Work or materials; C. Disputed Work or materials; e. Failure of the Contractor to make timely payment upon request, including but not limited to payment for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; f. Damage to the Owner; or g. The existence of reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. SC-14.07C FINAL PAYMENT - PAYMENT BECOMES DUE Delete Paragraph 1407.C.1 of the General Conditions in its entirety and replace it with the following: 1. Thirty 30 days after the Engineer actually receives the final Application for Payment and accompanying documentation, the amount recommended by Engineer (subject to the provisions of Paragraphs 14.02A, 14.02.D and 14.07.13 of these General Conditions), will become due, and when due will be paid by Owner to Contractor within twenty-one (21) days, SC-16.02' DISPUTE RESOLUTION - MEDIATION Replace Section 16.01 of the General Conditions with the following:' 16.01 Methods and Procedures A. I Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph, 10.05 before such decision becomes final and binding. Notice of the demand for mediation will be filed in writing with the other party to the Agreement and a copy will be sent to Engineer for information. 'Once the other party receives the request for mediation they must notify the requestor if they desire to participate in mediation. If both parties agree to participate in mediation the parties shall establish mutually' agreeable rules to abide by during the mediation process. Owner or Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or Laws or Regulations in respect of any dispute that is not agreed upon during mediation. B. Except as provided in paragraph SC-16.02.C. below, no mediation arising Supplementary Conditions-00810- Page 17 of 18 15 00810.doc Revised December,2011 out of or relating to the Contract Documents shall include by consolidation, joiner, or in any other manner any other person or entity (including Engineer, Engineer's Consultant and the officers, directors,;agents, employees or consultants of any of them) who is not a party to this contract unless: 1 the inclusion of such "other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the mediation; and 2. such other individual or entity is substantially involved in a question of law'or fact which is common to those who are already'parties to the mediation, and which will arise in such proceedings; and 3`. the written consent of the other individual or entity sought to be included and of Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to mediation of any dispute not specifically described in such consent or to mediation with any party not specifically identified in such ,consent. C. Notwithstanding paragraph SC-16.02.13, if a Claim or counterclaim, dispute or other matter in question between Owner and Contractor involves the Work of a Subcontractor, either Owner or Contractor may join such Subcontractor as a party to the mediation between Owner and Contractor hereunder. Contractor shall include in all subcontracts required by paragraph GC-6.06.G specific provision whereby the Subcontractor consents to being joined in mediation between Owner and Contractor involving;the work of such Subcontractor. Nothing in this paragraph SC-16.02.0 nor in the provision of such subcontract consenting to jointer shall create any claim, right or cause of action in favor of Subcontractor and against Owner, Engineer or Engineer's Consultants that does not otherwise exist. SC`-17A4 SURVIVAL OF OBLIGATIONS - STATUTES OF LIMITATIONS Add the following new paragraph immediately after 17.04.A of the General Conditions: B. Causes of action between the parties or the Engineer pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run in any and all events not later than the date of final payment to the Contractor. The;Contractor shall include this provision in all contracts he enters into with subcontractors, consultants and suppliers who provide any work, products or services for this project. END OF SECTION 00810 Supplementary Conditions-00810-Page 18 of 18 15 00810.doc Revised December,2011 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00910 AND CONDITIONS OF THE CONTRACT SPECIAL PROVISIONS PART1 GENERAL 1.01 DESCRIPTION A. The following Special Provisions are hereby made a part of this contract and shall supplement and/or supersede any articles of these specifications in conflict therewith. B. Any subsequent addenda issued after these specifications have been prepared shall supplement and/or supersede any articles of these specifications. 1.02 STANDARD SPECIFICATIONS A. The following Montana Department of Transportation publications are hereby made a part of this contract and are available for review at the Office of Morrison-Maierle, Inc. 2880 Technology Blvd W, Bozeman, MT 59718. 1. Book entitled "Standard Specifications for Road and Bridge Construction 2014 Edition." (Montana Dept. of Transportation) 2. -Current revision of "Supplemental Specifications To Montana Standard Specifications for Road and Bridge Construction." (Montana Dept. of Transportation) 3. Drawings entitled "Detailed Drawings Supplement To 2005 English Edition, Effective: May 2009" Supplemental to the Specifications for Road and Bridge Construction (Montana Dept. of Transportation) B. It is the intent of these Contract Documents to use The Montana Public Works Standard Specifications, Sixth Edition April 2010, including all addendums, hereinafter referred to as the MPW Standard Specifications (MPWSS) and the City of Bozeman Standard Modifications, hereinafter referred to as the Standard Modifications, are hereby incorporated by reference and are as much a part of these Contract Documents as if bound herein. It is the intent for MPWSS to control the progress of work and procedural elements associated with the work including, but not limited to, Contract Change Orders, Progress Payments, Authority of the Engineer, Contract Times, etc. The Contract Documents Incorporate by reference the Standard Specifications for Road and Bridge Construction, 2006 Edition for the purpose of specifying the technical prosecution of the work, and as a means of measurement and basis of payment for bid items, unless otherwise noted herein. 00910 - Page 1 of 5 N:\0417\063\Design Docs\Specs-Phase 2\16 00910.doc 7/9/15 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00910 AND CONDITIONS OF THE CONTRACT SPECIAL PROVISIONS C. Section 00915, titled ELECTRICAL SPECIAL PROVISIONS are hereby> incorporated and bound herein. D. The plans for these improvements, and the specifications accompanying them, are intended to be mutually cooperative, and anything shown or called for in the one and omitted in the other, is as binding as if called for, or shown by both. Any work not herein specified,``which may be fairly implied as included in this improvement, shall be done by the Contractor without extra compensation. E. If a discrepancy exists, calculated dimensions, unless obviously incorrect, will govern over scaled dimensions; plans will govern over standard specifications and standard drawings; special provisions will govern over standard specifications, standard modifications, supplemental specifications, plans and standard drawings. 1.03 INTENT A. The intent of the plans and specifications is to provide for a complete project. No separate payment will be made for items not specifically called out in the Bid Form. Any such work shall be incidental to other items of work and shall be included in the unit price bid for related items of work. B. The inclusion of the special considerations is intended to be of assistance to the Contractor and does not preclude the presence of non-listed items. 1.04 CONTRACTOR USE OF PREMISES The Contractor's operations shall be confined within the public right-of-way. Materials and equipment shall be stored on the project site where approved by the Owner. It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the site will be entirely that of the Contractor and that no claim shall be made against the Owner by reason of any act of an employee or trespasser. 1.05 PERMITS The Contractor shall be responsible for obtaining all permits necessary for the completion of this work. The costs for all permits shall be considered incidental to construction and shall be included in the price bid for related items of work. 1.06 OPERATIONS WITHIN MONTANA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY All work located within or affecting Montana Department of Transportation Right-of-Way shall be closely coordinated with the Montana Department of Transportation (MDT). 00910 - Page 2 of 5 N:\0417\063\Design Docs\Specs-Phase 2\16 00910.doc 7l9115 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00910 AND CONDITIONS OF THE CONTRACT SPECIAL PROVISIONS Contact: Bozeman Area Maintenance Chief Kyle DeMars 556-4704 1.07 OPERATIONS WITHIN EASEMENTS All work shall occur within easements, Montana Department of Transportation right-of- way or City of Bozeman right-of-way. Rights-of-way and easements are depicted on the plans. Work occurring outside of said rights-of-way or easements shall be coordinated and approved on an individual property owner basis and all approvals shall be sent to the OWNER and ENGINEER. Future easements are shown on the plans and are noted as "not recorded."' These future/proposed easements are only for graphical representation of what is planned for the corridor but have not been executed. All improvements within future/proposed easements are not in contract (NIC). 1.08 COORDINATION WITH OTHER CONTRACTORS The Contractor's work on this project shall be coordinated with the work of Subcontractors and other Contractors, inclusive of private and public utility agencies or their authorized agents, in the area to assure orderly completion of the work and to maintain 'safe conditions with reasonable traffic flow. The costs resulting from such coordination shall be considered incidental to construction and shall be included in the price bid for related items of work. 1.09 USE OF WATER A. Contractor shall not use property owner's water or hoses without property owner's written permission. 1.10 WARRANTY Prior to expiration of the two-year correction period, the Engineer will inspect the project to determine whether corrective work is required. The Engineer will notify the Contractor in writing if corrective work is required and Contractor shall, within ten (10) days of receipt of notification or such longer time as may be set forth in the notice, commence correction of the defective work without cost to Owner. 1.11 "SUPERVISION Contractor shall keep a competent project superintendent on the work site at all times during its progress, who shall not be replaced without written notice, except under extraordinary circumstances. The project superintendent shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. 00910 - Page 3 of 5 N:\0417\063\Design Docs\Specs-Phase 2\16 00910.doc 7/9/15 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00910 AND CONDITIONS OF THE CONTRACT SPECIAL PROVISIONS 1.12 LABOR Contractor shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Documents. Contractor shall, at all times, maintain good discipline and order at the site. 1.13 MAINTENANCE DURING CONSTRUCTION A. The Contractor shall otherwise maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. B. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 1.14 FAILURE TO MAINTAIN THE WORK A. Should the Contractor at any time fail to maintain the work as provided in the subsection titled "Maintenance During Construction" of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. B. Should the Contractor fail to respond to the Engineer's notification, the Owner may carry out any work necessary for the owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the owner, shall be deducted from monies due or to become due the Contractor. 1.15 PROPERTY DAMAGE A. Keep all construction equipment from entering private property (driveways, etc.). Any damage caused by the Contractor or his agents shall be corrected by, and the costs thereof paid in full by the Contractor. B. The existing street surfaces may not be adequate to support the heavy equipment associated with the construction work. The intent of this requirement is to maintain the integrity of the existing improvements to the extent possible. The Contractor shall cooperate with the Owner and Engineer in an effort to limit damage to the existing roadway. 00910 - Page 4 of 5 NA0417\0630esign Docs\Specs-Phase 2\16 00910.doc 7/9/15 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00910 AND CONDITIONS OF THE CONTRACT SPECIAL PROVISIONS 1.16 PROJECT SAFETY Contractor is solely responsible for project safety and adherence to OSHA and other applicable safety standards. 1.17 LANDSCAPING/LANDSCAPE RESTORATION A. Contractor is responsible for restoring all disturbed areas (concrete, asphalt, utilities, grading, sod, irrigation, etc) to equal or better condition than prior to disturbance as determined by the Owner and/or Engineer. B. Turf areas shall be prepped with a minimum of 6" of topsoil, free of lumps, gravel or other undesirable material. C. Turf areas shall be restored with a locally sourced drought tolerant fescue sod blend and placed within 1 day of cutting. Contractor shall coordinate watering so that sod remains moist for a minimum period of 2 weeks, or until grass has rooted into underlying soil. D. Perform sodding when the temperature and moisture are favorable for grasses to take root. Sod preferably before June 1st and after October 1 st E. Protect all restored areas from traffic/pedestrian uses. F. Replace any areas where restoration has failed due to construction activities. The contract warranty period applies to this item. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 00910 00910 - Page 5 of 5 N:\0417\063\Design Docs\Specs-Phase 2\16 00910.doc 719/15 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00915 AND CONDITIONS OF THE CONTRACT ELECTRICAL SPECIAL PROVISIONS PART1 GENERAL 1.01 DESCRIPTION OF WORK The ;electrical work for this project is comprised of updated street lighting in addition to replacement of luminaires upon existing signal standards. Electrical service improvements shall involve two new services for street lighting. Street lighting improvements include installation of 22 new decorative luminaire assemblies on North 7t" Avenue, and luminaire and arm extension assemblies added to four (4)_ existing signal standards. Contractor shall also provide 6 complete decorative luminaire assemblies that shall be stored by the City for future use. "Street lighting standards and luminaires are to be a specific decorative type with a medium blue powder coated finish as specified in Section D and the plans. In addition to luminaire/extensions, modification to existing traffic signal standards include Zinc-Rich paint applied to match proposed adjacent luminaire standards. 1.02 EQUIPMENT LIST AND DRAWINGS All submittals will be carried out by the contractor in accordance with Section 617.03 of the Standard Specifications. However, should the contractor not make the required document submittals, no extension of contract time due to delay in receiving the necessary electrical material will be considered or allowed for performing electrical work. 1.03 GENERAL Provide coordination between the Contractor, the Engineer, and affected utility companies about the work prior to commencement of work. 1.04 DESCRIPTION OF MATERIALS AND INSTALLATION Materials and installation are to conform to Section 616, 617, 703 of the Montana Department of Transportation Standard Specifications for Road and Bridge Construction — 2014 Edition. Additional specifications, or modifications to the Standard Specifications, are as follows: A. Conduit— Plastic. Install plastic conduit as shown on the plans without rigid steel terminations at pull boxes and foundations. Open cutting across the existing roadway will not be allowed. B. Pull Box — Concrete Type 1, 2, and 3. When installing pull boxes in sidewalk, install so water runs away from the pull box lip. When installing pull boxes in open ground, encase pull box in a class D concrete pad 00915 - Page 1 of 15 N:\0417\063\Design Docs\Specs-Phase 2\17 00915.doc 7/9/15 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00915 AND CONDITIONS OF THE CONTRACT ELECTRICAL SPECIAL PROVISIONS extending 12 inches horizontally away from the pull box in all directions and at least 12 inches deep. Prevent damage to any existing pull box to be re-used on this project. Any pull box damaged by the Contractor is to be replaced by the Contractor at no cost to the project. This item includes all excavation, gravel base, the concrete pad around the pull box, placement of the pull box, electrical bonding of conduits,-backfill, and repair of the surface and surrounding area. C. Decorative Luminaire Standards and Mast Arms.' Furnish standards fabricated and inspected meeting Section 556 and designed to the 1994 AASHTO "Standard Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals". Use a minimum luminaire dead load of 77 lb, and a minimum luminaire projected area of 3.3 ft2 for design purposes. Use a design wind velocity for all standards of 90 miles per hour. Include on the shop drawings the following reaction data at the base of the pole, reported as reactions normal to the standard global coordinate system: • Moment X (MX) Ft.-Lb. • Moment Y (MY) Ft.-Lb. • Torsion Z (MZ) Ft.-Lb. • Shear Force X (VX) Lb. • Shear Force Y (VY) Lb. • Axial Load (P) Lb. — Meet the standard manufacturer's requirements for the anchor bolt placement in the foundation. — Install standards or posts as specified in the Contract. — Meet the American Welding Society Specifications AWS D1.1, its current revisions, and as amended by AASHTO and the contract. — Furnish the weld procedures with the shop drawings. — Welding Inspection. Meet all the applicable AASHTO and AWS welding inspection requirements, including those modified as follows: — AASHTO 1.4.2 Circumferential Weld Splices. Perform radiographic testing or ultrasonic testing as approved by the Engineer meeting AWS D1.1, Structural Welding Code Annex K. 00915 - Page 2 of 15 NA0417\063\Design Docs\Specs-Phase 2\17 00915.doc 7/9115 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00915 AND CONDITIONS OF THE CONTRACT ELECTRICAL SPECIAL PROVISIONS AASHTO 1.4.2 Longitudinal Seams. Inspect one hundred percent of all Full Penetration Groove welds using Radiography or testing may be by Ultrasonic test methods AWS D1.1, Structural Welding Code Ultrasonic Annex K, both of the above test methods to be approved by the Engineer before use. Provide ASNT certifications and procedures before testing. Randomly test 25 percent of all Partial Penetration welds and fillet welds per component using Magnetic particle test methods. — AASHTO 1.4.2 Base Connection Welds. Randomly inspect 25% of all base connection welds and all fillet welds using Magnetic Particle (MT) specified in AWS D 1.1, Structural Welding Code (Section 6). 1. Description.' Use Phillips Lumec Round Steel Bottleneck Pole #SSM8V-26-BAS30(2) with breakaway components or approved equal luminaire pole. Use Lumec AC6-1A-BE2TX bracket arm or approved equal. Apply 4 mil thick coating of polyester powder coat finish to all exposed metal components in accordance with ASTM- B117-73 standards. All exposed fasteners will be of stainless steel. Accessory options include: banner arms, single plant hanger arm w/support, GFI_receptacle w/in-use cover. 2. Construction Requirements. The decorative poles and bracket arms must meet the style and shape as specified to coincide with acquired stakeholder consensus. Provide concrete foundations per plan and specifications. Do not install foundations prior to pole submittal drawing approval by Engineer for color and style. D. Decorative Luminaire Assembly. 1. For Type E1: Use Lumec DMS55-022-245W80LED4K-001-R- LEF3-120-SMB-PH8-BET2X type luminaire or as noted otherwise on plans. The decorative luminaire must meet the style and shape as ' specified. Use ANSI/IES, Type III, medium, full-cutoff distribution. 2. For Type E2: Use Lumec DMS50-135W80LED4K-R-LEF3- 120SMB-BET2X type luminaire. The decorative luminaire must meet the style and shape as specified. Use ANSI/IES, Type 111, medium, full-cutoff distribution. 00915 - Page 3 of 15 NA0417\063\Design Docs\Specs-Phase 2\17 00915.doc 7/9/15 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION'00915 AND CONDITIONS OF THE CONTRACT ELECTRICAL SPECIAL PROVISIONS 3. For Retrofit Kits: Use Lumec retrofit kits as noted on drawings. Use ANSI/IES, Type III, medium, full-cutoff distribution. E. Remove and Salvage Existing Lighting Equipment. Remove existing luminaire standards and all remaining appurtenances being replaced. Take care not to damage equipment. Securely attach all miscellaneous parts associated with salvaged equipment (e.g., nuts, bolts, washers, caps, hand-hole covers) to the equipment to prevent loss or damage. Tie cables in controller cabinets to prevent damage during transport. Dispose of removed wiring. Remove concrete foundations, backfill, compact the holes, and dispose of the old foundations per Section 202 of the Specifications. Salvage all excess pull boxes and lighting appurtenances to the MDT Bozeman Maintenance Facility at 907 N Rouse, Bozeman MT 59771-1110 or as directed by the Engineer. F. Existing Traffic Signal Equipment -Organic Zinc-Rich Paint System. For traffic signals located at 7th Ave./Tamarak St. and 7th Ave./Durston St., use an Organic Zinc-Rich Paint System consisting of primer/intermediate coat(s) and finish coat(s) applied over properly treated existing galvanized coating. Finish coat is selected from approved coating systems and is an equivalent polyurethane finish coat matching Federal Standard 595B Color #FS 15056, blue (Pantone Matching System PMS 281.) Traffic signal equipment includes: existing traffic signal standards, mastarms, brackets, and structural connections. Also includes new equipment: luminaire extensions, luminaire mastarms. Item does not include video detection equipment, luminaire assemblies, traffic signal indications, pedestrian indications, and pedestrian pushbuttons. 1. Materials. Provide paint systems containing zinc pigments in high concentrations to achieve a (liquid) volume of 65% or higher meeting Section 710.02.3 requirements. Accepted manufacturer's systems include: PPG- Amercoat 385/Amercoat 450 HS, Carboline- Carboguard 888/Carbothane 133 HB, Sherwin Williams- Macropoxy 646/Acrolon 218 HS, or approved equals. Prior to initiation of the project, submit the manufacturer's Material Safety Data Sheet(s) (MSDS) and material certifications with each shipment of paint, and written instructions for mixing, handling, and application of the coatings. Contractor to have available a qualified 00915 - Page 4 of 15 N:\0417\063\Design Docs\Specs-Phase 2\17 00915.doc 7/9/15 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00915 AND CONDITIONS OF THE CONTRACT ELECTRICAL SPECIAL PROVISIONS manufacturer's technical representative to assist during coating application. 2. Construction Requirements a) General. Painting is to be in accordance with the manufacturer's written recommendations, except as may otherwise be specified in this specification. If the manufacturer's Dry Film paint Thickness (DFT) recommendations differ from those specified, submit a request in writing to the Engineer, prior to painting, for DFT deviation to manufacturer's written recommendations. The Contractor is to provide the Engineer with evidence that painters, applicators, and Quality Control personnel have been trained by the paint manufacturer's technical representative on the application of the paint system being applied on the project. — Contractor to take adequate precautions to protect pedestrians, vehicles, and property against damages resulting from, and all work incidental to the painting operation, including overspray. Deliver the paint to the site in the original containers. Each container not to exceed 20 liters (5 gallons) in capacity. The contents cannot be altered without the written permission of the Engineer. In order to assure proper mixing proportions, package multi-component coatings in separate containers or kits. b) Inspection. It is the Contractor's responsibility to perform Quality Control (QC) inspections of the shop/field painting. At least 30 days prior to starting work, the Contractor is to submit a Quality Control Plan (QCP) to the Engineer, for approval, which outlines their programs, procedures, and processes for assuring conformance to applicable requirements and specifications. 00915 - Page 5 of 15 N:\0417\063\Design Docs\Specs-Phase 2\17 00915.doc 7/9/15 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00915 AND CONDITIONS OF THE CONTRACT ELECTRICAL SPECIAL PROVISIONS 1) The QCP procedures are to include, at a minimum, but not be limited to, the following measurements at the given minimum frequencies: — Ambient temperature - every 8 hours (or the start of each shift). — Dew point and humidity - every 8 hours (or the start of each shift). — Surface temperature - every 8 hours (or the start of each shift). — Date and time - each lot of work. — Piece mark and bundle - each lot of work. — DFT - SSPC-PA 2 or the PDS. — Visual inspection - 100%. a. Prime Coat — Primer coat batch number - every paint kit. — Verification of surface cleanliness - examine visually within 1 hour prior to priming. — Temperature' of mixed primer - when mixing components. — Proper mixing and straining - every pot mix. — Primer induction time - every pot mix. — Primer pot life - every pot mix. — Primer cure time - in accordance with manufacturer's recommendations. — Proper use of stripe coats - all applicable areas. — Primer coat evaluation and repair - in accordance with manufacturer's recommendations. 00915 - Page 6 of 15 NA0417\063\Design Docs\Specs-Phase 2\17 00915.doc 7/9/15 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00915 AND CONDITIONS'OF THE CONTRACT ELECTRICAL SPECIAL PROVISIONS b. Intermediate Coat Intermediate coat batch number - every paint kit. Verification of surface cleanliness - examine visually within 1 hour prior to applying the intermediate coat. — Temperature of mixed intermediate coating - when mixing components. Proper mixing and straining - every pot mix. — Intermediate induction time - every pot mix. Intermediate pot life - every pot mix. Intermediate cure time - in accordance with manufacturer's recommendations. Proper use of stripe coats - all applicable areas. Intermediate coat evaluation and repair - in accordance with manufacturer's recommendations. C. Finish Coat Finish coat component batch number - every paint kit. Verification of intermediate coat surface cleanliness - initial and every 4 hour of painting. Temperature of mixed finish coat - when mixing components. Finish coat mixing and/or straining - every pot mix. Finish coat induction time - every pot mix. — Finish coat cure time - in accordance with manufacturer's recommendations. 00915 - Page 7 of 15 N:\0417\063\Design Docs\Specs-Phase 2\17 00915.doc 7/9/15 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00915 AND CONDITIONS OF THE CONTRACT ELECTRICAL SPECIAL PROVISIONS Proper use of stripe coats - all applicable areas. Adhesion - as required by Engineer. Paint system final evaluation and repair - visual, 100% of each element. Written documentation of the measurements taken to be provided to the Engineer during the course of the work and in its entirety at the completion of the job. If the Engineer determines that the approved QCP was not followed or the documentation is inadequate or incomplete, the paint system will be subject to rejection or payment reduction. Any subsequent testing to determine compliance must be approved by the Engineer and are to be conducted at the Contractor's expense. c) Surface Preparation. Surface preparation is to be in accordance with the manufacturer's written recommendations, except as may otherwise be specified in this specification. Adherence to surface preparation standards by the Society for Protective Coatings (SSPC) is explicitly implied within manufacturer's recommendations. Adequate masking protection is to be provided to protect (existing and new) all indication lenses and factory finish for all video detection equipment, luminaire assemblies, traffic signal indications, pedestrian indications, pedestrian pushbuttons, and all other electronic equipment attached to signal standards that cannot be easily removed prior to painting. d) Application of Paint. 1) General Requirements. a. The prime, intermediate, and finish coats of paint are as described within this document. b. Do not start painting without approval of the surface preparation and paint by the Engineer. 00915 - Page 8 of 15 N:\0417\063\Design Docs\Specs-Phase 2\17 00915.doc 719l15 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00915 AND CONDITIONS OF THE CONTRACT ELECTRICAL SPECIAL PROVISIONS Prior to applying any paint, assure that surfaces to be painted are free of flash rust, dust, dirt, grease, oil, moisture, overspray and other contaminants. Apply paint in a neat, workmanlike manner. Regardless of the method of application, the resultant paint film is to be smooth and uniform without runs, drips, sags, pinholes, blisters, mudcracking, inadequate or excessive coating or other deleterious conditions. C. Do not apply paint to metal surfaces when weather conditions are unsatisfactory for the work or the conditions include an air temperature below 40C (400F), metal surfaces less than 3°C (5°F) above the dew point, air that is misty, or metal surfaces that are damp or frosted. d. Avoid paint application when other work operations, wind, or traffic, causes dust, dirt, or sand, to be carried in the air and onto the prepared or newly painted metal surfaces. Spray painting will not be permitted in areas where rebounding or blowing paint particles would be detrimental to persons, adjacent environment, or property, unless adequate protective shields are provided, or unless it is demonstrated that the work can be performed without undue scattering of wet paint particles. The Engineer will have the authority to suspend spray painting operations whenever it becomes evident that the application is not properly controlled. e. Thoroughly mix paint before removal from containers, and maintain in suspension during application. Thinning of paint is not allowed except as detailed in the manufacturer's current written instructions and then only with written permission of the Engineer. After thorough mixing, strain primer through a 30 - 60 mesh screen or a double layer of 00915 - Page 9 of 15 N:\0417\063\Design Docs\Specs-Phase 2\17 00915.doc 7/9/15 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00915 AND CONDITIONS OF THE CONTRACT ELECTRICAL SPECIAL PROVISIONS cheesecloth. Assure that no un-dispersed agglomerates of zinc remain in the paint after mixing. f. Prior to starting application of a subsequent coat, provide curing time for the previous coat in accordance with the manufacturer's Product Data Sheet (PDS.) Any areas that are found to be wrinkled, detached, distorted, scuffed, abraded, or otherwise unsatisfactory are to be screened or scraped smooth and repainted. Thoroughly remove any dust or chalk-like deposits. Whenever previously applied paint coats become defective for any reason, the Engineer will require conditioning or replacement of these coats. If the maximum time interval specified by the manufacturer to apply subsequent paint coats is exceeded, all affected areas are to be completely blast- cleaned to SSPC-SP 10/NACE NO. 2 Near- White Blast Cleaning, and recoated. All such work is at the Contractor's expense. g. Do not handle painted members until the paint is cured enough to do so without damaging the paint. h. All paint repair procedures are to be submitted to the Engineer for approval. i. Assure that fasteners are free of all organic or other material that interferes with the proper adhesion of the coating. 2) Brushes and Daubers. a. Paint may be applied by means of brushing where areas to be painted are unsuitable for spray painting, such as surfaces requiring stripe coats, small surface areas where over- spray would be excessive, and small areas requiring paint repair. 00915 - Page 10 of 15 NA0417\0630esign Docs\Specs-Phase 2\17 00915.doc 7/9/15 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00915 AND CONDITIONS OF THE CONTRACT ELECTRICAL SPECIAL PROVISIONS b. When using brushes manipulate the paint so as to provide a smooth, uniform coating over the, entire surface, including all corners and crevices. The final brush strokes will generally be horizontal and parallel each other. Remove all brush hairs that are left on the paint surface to alleviate the possibility of moisture leaching to the substrate. C. Surfaces that are otherwise inaccessible by spray or brush may be painted by the use of sheepskin or other approved daubers. d. During application of paint by brushing or daubers, the paint pot is to be equipped with an approved agitator. 3) Spraying. a. While power spraying, apply the paint in a fine, even spray. Paint applied with spray equipment may be brushed out immediately, when necessary, in order to obtain uniform coverage and to eliminate wrinkling, blistering, sags, runs, and air holes. Exercise care to prevent dry spray. In no case is the distance from the spray gun to the point of surface application be more than 600 mm (2 feet). b. The paint pot is to be equipped with an approved agitator during spray painting work. The agitator or stirring rod should reach to within 50 mm (2 inches) of the bottom of the pot and be in motion at all times during paint application. Such motion is to be sufficient to keep the paint well mixed. The air lines are to be equipped with approved water traps or an approved moisture removal system. 4) Measurement of Paint Coats. 00915 - Page 11 of 15 N:\0417\063\Design Docs\Specs-Phase 2\17 00915.doc 7/9/15 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00915 AND CONDITIONS OF THE CONTRACT ELECTRICAL SPECIAL PROVISIONS a. When paint thickness is referred to in this specification the word "thickness" means the "Dry Film Thickness" (DFT). Measure paint thickness and average thickness with a properly calibrated thickness gage in accordance with SSPC-PA 2-Measurement of Dry Coating Thickness with Magnetic Gages. b. If the coating thickness of any paint coat cannot be satisfactorily determined after being applied, a destructive test using a device such as a "Tooke Gauge" may be used to measure the DFT. Repair of the destructively tested area is to be performed using a procedure approved by the Engineer, at no expense to the Department. Mechanical grinding to reduce paint thickness will not be permitted. Paint thickness that is found to be deficient for any prime, intermediate, or top coat, is subject to complete removal of the paint system and recoated. 5) Stripe Coats. a. Each coat is to be preceded by a stripe coat on the edges, corners, seams, crevices, interior angles, junctions of joining members, rivets or bolt heads, nuts and threads, weld lines, and similar irregularities. Provide a stripe coat shall of sufficient thickness to completely hide the surface being covered and follow, as soon as practicable, by the prime, intermediate, or top coat, to its specified thickness. b. Under no circumstances is the stripe coat requirement on this specification to be neglected. The Engineer will approve the stripe coat prior to application of the applicable coat. 6) Prime Coat. a. After preparing the surfaces as herein specified and after acceptance of the surface 00915 - Page 12 of 15 N:\0417\063\Design Docs\Specs-Phase 2\17 00915.doc 7/9/15 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00915 AND CONDITIONS OF THE CONTRACT ELECTRICAL SPECIAL PROVISIONS preparation by the Engineer, apply the primer coat before there is any evidence of rusting on the surface. The prime coat is to have a minimum DFT of 3.0 mils. b. Except as otherwise provided herein, assure the thickness of the prime coat minimum is not less than 3.0 mils for any reading and average not less than 4.0 mils. For excessive thickness readings, final primer thickness will not exceed the paint manufacturer's written recommendations and/or cause any deleterious conditions (i.e., sagging or mud cracking). C. For contact surfaces of bolt splices, the thickness of the prime coat will not exceed the manufacturer's certified thickness for Class B slip co-efficient. 7) Intermediate Coat. a. Apply the prime coat completely "dry-to- topcoat" before application of the intermediate coat. Do not begin application of the intermediate coat until expiration of the minimum drying time for the primer as recommended by the manufacturer. b. All unsealed crevices and cavities between contact surfaces will be filled with primer or caulked with a compatible product recommended by the coating manufacturer. Before applying paint to the caulking compound, allow the caulk to cure in accordance with the manufacturer's recommendations. C. Provide that the color of the epoxy intermediate coat presents a distinct contrast between the organic zinc-rich primer and the polyurethane topcoat. d. The minimum DFT of the intermediate coat is 3.0 mils. The intermediate paint coat is to be 00915 - Page 13 of 15 N:\0417\063\Design Docs\Specs-Phase 2\17 00915.doc 7/9/15 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00915 AND CONDITIONS OF THE CONTRACT ELECTRICAL SPECIAL PROVISIONS applied to all prime coated surfaces that are exposed in the completed structure. 8) Finish Coats. a. Finish coat is semi-gloss matching the Federal Standard 595 B color as stated earlier within this document. b. The final coat of paint on surfaces that are readily exposed to view are to be uniform in color, and be free of visible lap marks and other blemishes. The minimum DFT of the finish coat is 2.0 mils. 9) Total Paint Thickness. The average total paint thickness of the entire paint system should not be less than 10 mils. In the event that there is a deficiency in the total paint thickness over any part or all of a structure, but not to the extent that the Engineer considers additional paint applications are necessary, an equitable reduction in payment for the appropriate item of work will be made. 10) Fastners — Requirements for Coating. Fasteners are to be free of all organic or other material that would interfere with proper adhesion of the coating. If the contractor requests the use of industrial cleaning solutions for the removal of fastener lubricants, demonstrate to the Engineer that the proposed cleaning solutions will not contaminate or interfere with proper adherence of subsequently applied coating materials. The coating thickness will not interfere with the proper fit of nuts and bolts. 11) Paint Thickness Requirements. After installation of fasteners and removal of lubricant and residuals from exposed parts of fasteners, 00915 - Page 14 of 15 N:\0417\063\Design Docs\Specs-Phase 2\17 00915.doc 719115 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00915 AND CONDITIONS OF THE CONTRACT ELECTRICAL SPECIAL PROVISIONS additional primer shall be applied to meet the required primer thickness. Fasteners also to receive the required thickness of the intermediate and finish coats. 12) Handling, Storage, and Shipping of Painted Steel. Exercise extreme care in handling the painted steel in the field during transfer, erection, and construction of the components. Painted steel items are not to be moved or handled until the coating is cured in accordance with the manufacturer's data sheet. All coated components or products are to be protected during handling and loading by the use of nylon straps, padded hooks, slings, or other non-metallic lifting devices. The steel is to be protected from binding chains with softeners and edge protection devices. Hooks and slings used to hoist the steel are to be padded. 13) Paint Repair. Submit all paint repair procedures in writing, to the Engineer for approval. G. Luminaire Extensions for Existing Signal Standards. 1. Description. Provide MDT standard luminaire upper shaft extensions (45ft mounting height) with 15ft luminaire arms for 7th Ave/ W. Tamarack St. and 7th Ave/Durston Road as shown in the plans. 2. Construction. Paint extensions in accordance with these specifications and install per plan. 00915 - Page 15 of 15 N:\0417\063\Design Docs\Specs-Phase 2\17 00915.doc 7/9/15 WAGE RATE SCHEDULES MINIMUM WAGE RATES TO BE USED FOR THE N. 7t" AVENUE LIGHTING IMPROVEMENTS - 2015 FOR CITY OF BOZEMAN, MONTANA MORRISON-MAIERLE, INC. PROJECT NO. 0417.063 SECTION INCLUDES: 1. Montana Prevailing Wage Rates for Building Construction Services 2015, January 2, 2015. 2. Montana Prevailing Wage Rates for Heavy Construction 2015, January 2, 2015 3. Montana Prevailing Wage Rates for Highway Construction Services 2015, January 2, 2015 N:\0417\063\Design Docs\Specs-Phase 2\18 MT Prevailing Wages COVER.doc MONTANA PREVAILING WAGE RATES FOR BUILDING CONSTRUCTION SERVICES 2015 Effective: January 2, 2015 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: 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, zone pay 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 TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: 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. Prevailing Wage Districts ........................................................................................................................ 4 1. Dispatch City ....................................................................................................................... ................ 5 J. Zone Pay ............................................................................................................................................ 5 K. Computing Travel Benefits ..................................................................................................................... 5 L. Per Diem ............................................................................................................................................ 5 M. Apprentices ............................................................................................. ........................................... 5 N. Posting Notice of Prevailing Wages .......................................................................................................... 5 0. Employment Preference ......................................................................................................................... 5 P. Building Construction Occupations Website ................................................................................................ 5 Q. Welder Rates ..................................................................................................................................... 5 R. Foreman Rates .................................................................................................................................. 5 WAGE RATES: BOILERMAKERS .....................................................I.................................I................................................. 6 BRICK, BLOCK,AND STONE MASONS ........................................................................................................... 6 CARPENTERS ............................................................................................................................................ 6 CEMENTMASONS ...................................................................................................................................... 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORSGROUP 1 ....................................................................................................................I........ 7 OPERATORSGROUP 2 ............................................................................................................................ 7 OPERATORSGROUP 3 ...............................I............................................................................................ 8 OPERATORSGROUP 4 ..................................................I......................................................................... 8 OPERATORSGROUP 5 ......................................._.............................................I.................................... 8 OPERATORSGROUP 6 ............................................................................................................................ 9 OPERATORSGROUP 7 ............................................................................................................................ 9 CONSTRUCTION LABORERS LABORERSGROUP I ............................................................................................................................ 9 LABORERSGROUP 2 ............................................................................................................................ 10 LABORERSGROUP 3 ...I........................................................................................................................ 10 LABORERSGROUP 4 1....................................................I.............................I........................................ 11 DRYWALL APPLICATORS ............................................................................................................................ 11 ELECTRICIANS: INCLUDING BUILDING AUTOMATION CONTROL ..................................................................... 12 ELEVATOR CONSTRUCTORS ....................................................................................................................... 12 FLOORLAYERS ......................................................................................................................................... 12 GLAZIERS ...................................................................................I.............................................................. 13 HEATING AND AIR CONDITIONING .................................................. ........................................................... 13 INSULATION WORKERS-MECHANICAL(HEAT AND FROST) ........................................................................... 13 IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS ......................................................................... 14 MILLWRIGHTS ............................................................................................................................................ 14 PAINTERS: INCLUDING PAPERHANGER ...................................................................................................... 14 PILEBUCKS ............................................................................................................................................... 14 PLASTERERS .................................................................................................I.......................................... 15 PLUMBERS, PIPEFITTERS,AND STEAMFITTERS ............................................................................................ 15 ROOFERS .................................................................................................................................................. 16 SHEET METAL WORKERS .................................................................................................................. ......... 16 SPRINKLERFITTERS .................................................................................................................................. 16 TAPERS .................................................................................................................................................... 16 TEAMSTERSGROUP 2 ............................................................................................................................... 17 TELECOMMUNICATIONS EQUIPMENT INSTALLERS ............................................................................... ....... 17 TILEAND MARBLE SETTERS ..............................I........................................................................................ 17 2 A.Date of Publication The rate schedule was published with the Secretary of State on December 24, 2014. It is for use in bid solicitations first made on or after January 2, 2015. 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, courthouses, 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,powerplants,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 Section 18 2-401(11)(a),MCA defines"public works contract"as "...a contractfor construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the 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 Aww.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 fidly pefform 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 ofprevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency. 3 G.Fringe Benefits Section 18-2-412,MCA states: "(1) To fulfill the obligation...a contractor or subcontractor may: (a)pay the amount offringe benefits and the basic hourly rate ofpay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b)make an irrevocable contribution to a trustee or a third person pursuant to a fringe 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 benefitfund plan, orprogram described in subsection (1)(b)mustprovide 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.Prevailing Wage Districts Montana counties are aggregated into 4 districts for the purpose of prevailing wage.The prevailing wage districts are composed of the following counties: Montana Prevailing Wage Districts Daniels' Sheridan Lincoln Glacier Tore HFII Flathead Libe t BlameValley Phillips Pondera Richland Sanders hake Teton Chouleau McCune 9metal LewisCascade Fergus Garfield Dawson and Judith Peholeu Missoula Clark Basin Prairie VY6au Powell MeagherGranite Wheatland Musselshell Rosebud Fallon Broad;"'~r Golder Treasure Dew Jefferson Valley Custer Ravaili > e Silver Yellowstone Boar Gallatin Sweet Gross Stiltwater Big Po Caster Powder Beaverhead Madison Park Horn R ive€ carbon 4 I.Dispatch City Dispatch City is the courthouse in the city from the following list which is closest to the center of the job: Billings, Bozeman,Butte,Great Falls,Helena,Kalispell,and Missoula, J.Zone Pay Zone pay is not travel pay. It is an amount added to the base pay,the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay shall be determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city to the center of the job. K. Computing Travel Benefits Travel pay, also referred to as travel allowance,shall be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home,whichever is closer, to the center of thejob. L.Per Diem Per Diem typically covers the costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay overnight or longer. M.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 journey level prevailing wage rate when working on a public works contract. N.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." O.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. P.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 Q.Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. R.Foreman Rates Rates are no longer set for foremen. However,if a foreman perfornis journey level work,the foreman must be paid at least the j ourney level rate. 5 WAGE RATES BOILERMAKERS Wage Benefit Travel: District 1 $30.72 $29.45 All Districts District 2 $30.00 $29.45 0-120 mi.free zone District 3 $30.00 $29.45 >120 mi.federal mileage rate/mi. in effect when travel District 4 $30.00 $29.45 ' occurs. Special Provision: Travel is paid only at the beginning and end of the job. 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 Travel: District 1 $25.74 $12.47 All Districts District 2 $25.74 $12.47 0-45 mi.free zone District 3 $25.82 $12.47 >45-60 mi. $25.00/day District 4 $25.10 $12.25 >60-90 mi. $55.00/day i >90 mi. $65.00/day CARPENTERS Wage Benefit Zone Pay: District 1 $21.50 $11.57 All Districts District 2 $21.50 $11.86': 0-30 mi.free zone District 3 $21.50 $11.57 >30-50 mi. base;pay+$4.00/hr. District 4 $21.50 $11.57 >50 mi. base pay+$6.00/hr. Duties Include: Install roll and batt'insulation. CEMENT MASONS Wage Benefit Zone Pay: District 1 $18.92 $9.26 District 1' District 2 $21.43 $9.41 0-30 mi.free zone District 3 $19.52 $9.26 >30-60 mi. base;pay+$1.05/hr. District 4 $22.12 $9.26 >60 mi. base pay+$1.50/hr. Duties Include: Districts 2-4 Smooth and finish surfaces of poured concrete, such as 0-30 mi.free zone floors,walks, sidewalks, or curbs. Align forms for >30-60 mi. base;pay+$2.95/hr. sidewalks, curbs, or gutters. >60 mi. base pay+$4.75/hr. 6 CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit Zone Pay: District 1 $24.07 $11.40 All Districts District 2 $24.07 $11.40 0-30 mi.free zone District 3 $24.07 $11.40 >30-60 mi. base pay+ $3.50/hr. District 4 $24.07 $11.40 >60 mi. base pay+$5.50/hr. This group includes but is not limited to: Air Compressor;Auto Fine Grader; Belt Finishing; Boring Machine(Small); Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor - Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: District 1 $25.54 $11.40 All Districts District 2 $25.54 $11.40 0-30 mi.free zone District 3 $25.54 $11.40 >30-60 mi. base pay+ $3.50/hr. District 4 $25.54 $11.40 >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, 1cu. yd up to and incl. 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; Pumperete\Grout Machine;Punch Truck; Roller, other than Asphalt Roller; Sheepsfoot(Self-Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill,'under 6 ft; Trenching Machine;'Washing/Screening Plant. 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: District 1 $25.95 $11.40 All Districts District 2 $25.95 $11.40 0-30 mi.free zone District 3 $25.95 $11.40 >30-60 mi. base,pay+$3.50/hr. District 4 $25.95 $11.40 >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 ft; Scraper, Single,Twin, or Pulling Belly-Dump; YO-YO Cat. CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: District 1 $26.95 $11.40 All Districts District 2 $26.95 $11.40 0-30 mi.free zone District 3 $26.95 $11.40 >30-60 mi. base pay+$3.50/hr. District 4 $26.95 $11.40 >60 mi. base pay+$5.50/hr. This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25'tons up to and incl. 44 tons;Crusher Operator; Finish Motor Patrol; Finish Scraper. CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Zone Pay: District 1 $27.95 $11.40' All Districts District 2 $27.95 $11.40 0-30 mi.free zone District 3 $27.95 $11.40 >30-60 mi. base pay+$3.50/hr. District 4 $27.95 $11.40 >60 mi. base pay+$5.50/hr. This group includes but is not limited to: Cranes, 45 tons up to and incl. 74 tons. 8 CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: District 1 $28.95 $11.40 All Districts District 2 $28.95 $11.40 0-30 mi.free zone District 3 $28.95 $11.40 >30-60 mi. base pay+ $3.50/hr. District 4 $28.95 $11.40 >60 mi. base pay+$5.50/hr. This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whiriey(All). CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: District 1 $29.95 $11.40 All Districts District 2 $29.95 $11.40 0-30 mi.free zone District 3 $29.95 $11.40 ` >30-60 mi. base pay+ $3.50/hr. District 4 $29.95 $11.40 >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/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: District 1 $19.08 $9.10 District 1 District 2 $16.66 $8.65 0-30 mi.free zone District 3 $18.00 $7.90 >30-60 mi. base pay+ $1.50/hr. District 4 $18.00 $7.17 >60 mi. base pay+$2.00/hr. District 2 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 3&4 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. 9 CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: District 1 $18.82 $8.38 District 1' District 2 $18.86 $6.53 0-30 mi.free zone District 3 $16.78 $4.40 >30-60 mi. base pay+$1.50/hr. District 4 $18.12 $4.65 >60 mi. base pay+$2.00/hr. This group includes but is not limited to: District 2 General Labor;Asbestos Removal; Burning Bar; Bucket 0-15 mi.free zone Man; Carpenter Tender; Caisson Worker; Cement >15-30 mi. base pay+$1.55/h"r. Mason Tender; Cement Handler(dry); Chuck Tender;I >30-50 mi. base pay+$3.10/hr. Choker Setter; Concrete Worker; Curb Machine-lay >50 mi. base pay+$4.65/hr. Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape;Laborer; Landscaper; Lawn Districts 3 &4 Sprinkler Installer; Pipe Wrapper;Pot Tender; 0-15 mi.free zone PowdermanTender; Rail and Truck Loaders and >15-30 mi. base pay+$0.65/hr. Unloaders; Riprapper; Sign Erection; Guardrail and >30-50 mi. base pay+ $0.85/hr. Jersey Rail; Spike Driver; Stake Jumper;Signalman; Tail >50 mi. base pay+$1.25/hr. Hoseman;Tool Checker and Houseman and Traffic Control Worker. CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: District 1 $19.48 $9.10 District 1 District 2 $19.58 $8.65 0-30 mi.free zone District 3 $19.00 $7.90 >30-60 mi. base pay+$1.50/hr. District 4 $19.00 $7.17 >60 mi. base pay+$2.00/hr. This group includes but is not limited to: District 2' Concrete Vibrator; Dumpman(Grademan); Equipment 0-15 mi.free zone Handler; Geotextile and Liners; High-Pressure >15-30 mi. base pay+$0.75/hr. Nozzleman;Jackhammer(Pavement Breaker)Non- >30-50 mi. base pay+$1.50/hr. Riding Rollers; Pipelayer; Posthole Digger(Power); >50 mi. base pay+$2.25/hr. Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. Districts 3&4 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. 10 CONSTRUCTION LABORERS GROUP 4' Wage Benefit Zone Pay: District 1 $18.74 $9.10 District 1 District 2 $19.81 $7.01 0-30 mi.free zone District 3 $20.55 $6.78 >30-60 mi. base pay+ $1.50/hr. District 4 $18.55 $6.97 >60 mi. base pay+$2.00/hr. This group includes but is not limited to: District 2 Hod Carrier***;Water Well Laborer; Blaster;Wagon 0-15 mi.free zone Driller;Asphalt Raker; Cutting Torch; Grade Setter; >15-30 mi. base pay+ $1.55/hr. High-Scaler;Power Saws (Faller&Concrete) >30-50 mi. base pay+$3.10/hr. Powderman Rock&Core Drill; Track or Truck Mounted >50 mi. base pay+$4.65/hr. Wagon Drill and Welder incl.Air Arc. District 3 ***Hod Carriers will receive the same amount of travel ;0-30 mi.free zone and/or subsistence pay as bricklayers when requested to >30-60 mi.. base pay+ $2.95/hr. travel`. >60 mi. base pay+ $4.70/hr. District 4 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. DRYWALL APPLICATORS Wage Benefit Zone Pay: District 1 $23.81 $11.57 All Districts District 2 $21.50 $11.86 0-30 mi.free zone District 3 $21.50 $11.57 >30-50 mi. base pay+ $4.00/hr. District 4 $21.50 $11.57 >50 mi. base pay+$6.00/hr. Duties Include: Drywall and ceiling tile installation. Ll ELECTRICIANS: INCLUDING BUILDING AUTOMATION CONTROL Wage Benefit Travel• District 1 $26.85 $10.69 District 1 District 2 $29.06 $13.13 0-10 mi.free zone District 3 $27.58 $ 9.92 >10-45 mi. $0.585/mi. in excess of the free zone. District 4 $30.73 $12.37 >45 mi.$65.00/day Duties Include: District 2 Electrical wiring; equipment and fixtures;street lights; 0-08 mi.free zone electrical control systems.' Installation and/or adjusting >08-50 mi.federal mileage rate/mi. in effect when travel of building automation controls also during testing and occurs, in excess of the free zone. balancing, commissioning'and retro-commissioning. >50 mi. $62.50/day District 3` 0-08 mi.free zone >08-50 mi.federal mileage rate/mi. in effect when travel occurs, in excess of the free zone. >50 mi. $62.50/day District 4 0-18 mi.free zone >18-60 mi.federal mileage rate/mi. in effect when travel occurs and employee uses own vehicle. >60 mi. $75.00/day in lieu of any other travel allowance. Per Diem': District 3` $65.00/day $75.00/day( In Big Sky) ELEVATOR CONSTRUCTORS Wage Benefit Travel: District 1 $47.76 $32.38I All Districts District 2 $47.76 $32.38 0-15 mi.free zone District 3 $47.76 $32.38 >15-25 mi. $38.28/day District 4 $47.76 $32.38 >25-35 mi. $76.56/day >35 mi. $72.55/day or cost of receipts for hotel and meals,whichever is greater.' FLOOR LAYERS Wage Benefit Travel: District 1 $19.00 No Rate Established All Districts District 2 $1`9.00 No Rate Established 0-120 mi.free zone District 3 $19.00 No Rate Established >120 mi. $45.00/day District 4 $19.00 No Rate Established i 12 GLAZIERS Wage Benefit Per Diem: District 1 $18.28 $2.30 District 1 District 2 $17.97 $1.00 Motel+$24.00/day District 3 $19.69 $4.52 District 4 $20.43 $6.31 Districts 2 $35.00/day District 3 All meals rooms and gas paid for by employer District 4 $100/day HEATING AND AIR CONDITIONING Wage Benefit Travel• District 1 $25.37 $12.63 All Districts District 2 $24.24 $14.44 0-51 mi.free zone District 3 $24.61 $14.44 ' >51mi. $0.25/mi. in employer vehicle District 4 $27.33 $14.44 $0.65/mi. in employee vehicle Duties Include: Per Diem: Testing and balancing, commissioning and retro- All Districts commissioning of all air-handling equipment and duct $60.00/day work.' INSULATION WORKERS-MECHANICAL (HEAT AND FROST) Wage Benefit Travel• District 1 $32.32 $17.57 All Districts District 2 $32.32 $17.57 0-30 mi.free zone District 3 $32.32 $17.57 >30-40 mi. $20.00/day District 4 $32.32 $17.57 >40-50 mi.$30.00/day >50-60 mi. $40.00/day Duties Include: >60 mi. $45.00/day+$0.56/mi. if transportation is not Insulate pipes, ductwork or other mechanical systems. provided/$0.20/mi. if in company vehicle. >60 mi. $77.00/day on jobs requiring an overnight stay+ $0.56/mi. if transportation is not provided/$0.20/mi. if in company vehicle. 13 IRONWORKERS'-STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit Travel: District 1 $25.90 $20.73 ' District 1' District 2 $26.50 $19.03 0-45 mi.free zone District 3 $26.50 $18.84 i >45-60 mi. $30.00/day District 4 $26.50 $19.03 >60-100 mi. $5500/day >100 mi.$75.00/day Duties Include: Structural steel erection; assemble prefabricated metal Districts 2-4 buildings; cut, bend, tie, and place rebar; energy 0-45 mi.free zone producing windmill type towers; metal bleacher seating; >45-85 m . $45.00/day handrail fabrication and ornamental steel. >85 mi.$75.00/day MILLWRIGHTS Wage Benefit Zone Pay: District 1 $30.00 $11.57 All Districts District 2 $30.00 $11.57 0-30 mi.free zone District 3 $30.00 $11.57` >30-50 mi. base;pay+$4.00/hr. District 4 $30.00 $11.57 >50 mi. base pay+$6.00/hr. PAINTERS: INCLUDING PAPERHANGER Wage Benefit Travel District 1 $19.63 $6.98 All Districts District 2 $24.00 $4.65 0-120 mi.free zone District 3 $18.73 $5.52 >120 mi.$45.00/day District 4 $14.43 $7.50 PILE BUCKS Wage Benefit Zone Pay: District 1 $27.00 $11.57' All Districts District 2 $27.00 $11.57 0-30 mi.free zone District 3 $27.00 $11.57 >30-50 mi. base pay+$4.00/hr. District 4 $27.00 $11.57 >50 mi. base pay+$6.00/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. 14 PLASTERERS Wage Benefit Zone Pay: District 1 $18.92 $9.26 District 1 District 2 $21.43 $9.41 0-30 mi. free zone District 3 $19.52 $9.26 >30-60 mi. base pay+ $1.05/hr. District 4 $22.12 $9.26 >60 mi. base pay+$1.50/hr. Districts 2-4 0-30 mi.free zone >30-60 mi.base pay+ $2.95/hr. >60 mi.base pay+$4.75/hr. PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit Travel• District 1 $26.95 $13.21 ' District 1 District 2 $28.17 $12.88 0-30mi.free zone District 3 $28.17 $12.88 >30-50 mi. $20.00/day District 4 $29.86 $15.11 >50-75 mi. $35.00/day >75 mi. $70.00/day Duties Include: Assemble, install, alter, and repair pipe-lines or pipe ' Special Provision: systems that carry water, steam, air, other liquids or If transportation is not provided, an additional $0.35/mi. gases. Testing of piping systems, commissioning and is added to the amounts above for travel at the retro-commissioning. Workers in this occupation may beginning and end of job, not for every mile traveled. also install heating and cooling equipment and mechanical control systems. Districts 2 &3 0-40 mi.free zone >40-80 mi. $30.00/day >80,mi.$60.00/day If employer provides transportation, travel pay will be 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. District 4 0-70 mi.free zone >70 mi. $0.55/mi. if transportation is not provided. Special Provision: f employee travels back and forth from home to job site, the employee will receive compensation for no more than two trips. Per Diem: District 4 $90.00/day 15 ROOFERS Wage Benefit Travel• District 1 $16.99 $9.97 District 1 District 2 $17.65 $4.69 0-50 mi.free zone District 3 $17.27 $3.90 >50 mi. $0.30/mi''. District 4 $18.02 $4.15 Special Provision: Travel is paid only one way. Districts 2-4 0-30 mi.free zone >30 mi. $0.25/mi.when using employees vehicle. Per Diem: Districts 2-4 $55.00/day or actual expenses(verified with ireceipts)for board and room provided. SHEET METAL WORKERS Wage Benefit Travel: District 1 $25.37 $12.63 All Districts District 2 $24.24 $14.44 0-51 mi.free zone District 3 $24.61 $14.44 ' >51 mi. $0.25/mi. in employer vehicle District 4 $27.33 $14.44 $0.65/mi. in employee vehicle Duties Include: Per Diem: Testing and balancing, commissioning and retro- All Districts commissioning of all air-handling`equipment and duct $60.00/day work. SPRINKLER FITTERS Wage Benefit Travel• District 1 $30.74 $18.22 All Districts District 2 $30.74 $18.22 0-60 mi.free zone District 3 $30.74 $18.22 >60-80 mi. $16.50/day District 4 $28.87 $10.52 ' >80-100 mi.$26 50/day >100 mi.$80.00/day TAPERS Wage Benefit` Travel: District 1 $20.07 $7.50 All Districts District 2 $23.14 $7.50 0-120 mi.free zone District 3 $23.14 $7.50 >120 mi.$45.00/day District 4 $23.14 $7.50 16 TEAMSTERS GROUP 2 Wage Benefit Zone Pay: $26.06 $9.16 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment;Warehouseman, Partsman, Cardex and Warehouse Expeditor;Water Trucks. TELECOMMUNICATIONS EQUIPMENT INSTALLERS Wage Benefit Travel: District 1 $20.30 $8.10 All Districts District 2 $23.06 $8.36 The federal mileage rate/mi. in effect when travel occurs District 3 $22.05 $7.20 if using own vehicle. District 4 $24.11 $7.11 Per Diem: Duties Include: All Districts Install voice; sound; vision and data systems. This Employer pays for meals and lodging up to $65.00/day. occupation includes burglar alarms, fire alarms,fiber When jobsite is located in Big Sky, West Yellowstone optic systems, and video systems for security or and Gardiner, lodging and meals will be provided by the entertainment. employer for all actual and reasonable expenses incurred. TILE AND MARBLE SETTERS No Rate Established Duties Include: Apply hard tile, marble, and wood tile to floors, ceilings, and roof decks 17 MONTANA PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2015 Effective: January 2, 2015 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: Employment Relations Division Montana Department of Labor and Industry P. 0. 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, zone pay 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 TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication ............................................................................................................................... 3 B. Definition of Heavy 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. Dispatch City ........................................................................................................................................ 4 I. Zone Pay ............................................................................................................................................ 4 J. Computing Travel Benefits ..................................................................................................................... 4 K. Per Diem ............................................................................................................................................ 4 L. Apprentices ......................................................................................................................................... 4 M. Posting Notice of Prevailing Wages .......................................................................................................... 5 N. Employment Preference ......................................................................................................................... 5 0. Welder Rates ........................................................................I............................................................ 5 P. Foreman Rates .................................................................................................................................. 5 WAGE RATES: BOILERMAKERS ......................................................................................................................................... 6 BRICK, BLOCK,AND STONE MASONS ........................................................................................................... 6 CARPENTERS ............................................................................................................................................ 6 CEMENTMASONS ...............................................................................................................I...................... 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORSGROUP 1 ......................................................................I...................................................... 7 OPERATORS GROUP 2 ............................................................................................................................ 7 OPERATORSGROUP 3 ............................................................................................................................ 7 OPERATORSGROUP 4 .......................................................................I.................................................... 8 OPERATORSGROUP 5 ............................................................................................................................ 8 OPERATORSGROUP 6 ............................................................................................................I............... 8 OPERATORSGROUP 7 ............................................................................................................................ 8 CONSTRUCTION LABORERS LABORERSGROUP 1 ........................................................ ..........................................I........................ 8 LABORERSGROUP 2 ............................................................................................................................ 9 LABORERSGROUP 3 ............................................................................................................................ 9 LABORERSGROUP 4 ............................................................................................................................ 9 DIVER ....................................................................................................................................................... 10 DIVERTENDER .......................................................................................................................................... 10 ELECTRICIANS .....................................................................................................................I....... 10 INSULATION WORKERS-MECHANICAL(HEAT AND FROST) ........................................................................... 10 IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS ......................................................................... 11 LINE CONSTRUCTION EQUIPMENT OPERATOR ......................................................................................................................... 11 GROUNDMAN ..............................................................................................I ......................................... 11 LINEMAN ................................................................................................................................................ 11 MILLWRIGHTS ............................................................................................................................................ 11 PAINTERS ................................................................................................................................................ 11' PILEBUCKS ............................................................................................................................................... 12 PLUMBERS, PIPEFITTERS,AND STEAMFITTERS ............................................................................................ 12 SHEET METAL WORKERS/HVAC .................................................................................................................. 12 TEAMSTERSGROUP I ............................................................................................................................... 12 TEAMSTERSGROUP 2 ............................................................................................................................... 13 2 A.Date of Publication The rate schedule was published with the Secretary of State on December 24, 2014. It is for use in bid solicitations first made on or after January 2, 2015. B.Definition of Heavy Construction The Administrative Rules of Montana(ARM)24.17.501(4)-(4)(a),Public Works Contracts For Construction Services Subject to Prevailing Rates,states: `Heavy construction projects include, but are not limited to, those projects that are not properly classified as either `building construction', or 'highway construction. Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designed for commercial navigation), breakwaters, caissons(other than building or highway), canals, channels, channel cut-offs, chemical complexes or facilities(other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredging projects, electrification projects(outdoor),fish hatcheries,flood control projects, industrial incinerators(other than building), irrigation projects,jetties, ldhhs, land drainage (not incidental to other construction), land leveling(not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries(other than buildings),pipe lines,ponds,pumping stations (prefabricated drop-in units—not buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers (sanitary, storm, etc), shoreline maintenance, shi tows, storage tanks, swimmingpools(outdoor),subways (other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts(other than highway), water mains,waterway construction, water supply lines(not incidental to building),water and sewage treatment plants(other than buildings)and wells. C.Definition of Public Works Contract Section 18-2-401(1 1)(a),MCA defines"public works contract"as "...a contractfor construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of$25,000..." D.Prevailing Wage Schedule This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction,Highway Construction and Nonconstruction Services occupations can be found on the internet at wwwmtwagehourbopa.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 ofprevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency." 3 G.Fringe Benefits Section 18-2-412,MCA states: "(1) To fulf ll the obligation...a contractor or subcontractor may: (a)pay the amount`offinge ben ef is and the basic hourly rate ofpay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b)make an irrevocable contribution to a trustee or a third person pursuant to a fringe benef t fund,plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c)make payments using any combination of methods set forth in subsections(1)(a)and(1)(b)so that the aggregate of payments and contributions is not less than the'standard prevailing rate of wages,',includingfTinge 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.Dispatch City Dispatch City is the courthouse in the city from the following list which is closest to the center of the job: Billings, Bozeman,Butte,Great Falls,Helena,Kalispell, and Missoula. I. Zone Pay Zone pay is not travel pay. It is an amount added to the base pay,the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay shall be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job. J. Computing Travel Benefits Travel pay, also referred to as travel allowance, shall be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home,whichever is closer,to the center of thejob. K. Per Diem Per Diem typically covers the costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay overnight or longer. L.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 f tinge benefits must be paid to the apprentice while the apprentice is working on the public'works " Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. 4 M.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 acid fringe benefits to be paid to the employees." N.Employment Preference Sections 18-2-403 and 18-2-409,MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O.Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. P.Foreman 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. 5 WAGE RATES BOILERMAKERS Wage Benefit Travel: $30.00 $29.45 0-120 mi.free zone >120 mi.federal mileage rate/mi. in effect when travel Duties Include: Bulk storage tanks and bolted steel occurs. tanks. Special Provision: Travel is paid only at the beginning and end of the job. Per Diem: 0-70 mi.free zone >70-120 mi. $55.00/day >120 mi. $70.00/day BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel• $25.74 $12.25 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 Zone Pay: $27.00 $11.57 0-30 mi.free zone >30-50 mi. base pay+$4.00/hr. >50 mi. base pay+$6.00/hr. CEMENT MASONS Wage Benefit Zone Pay: $21.43 $9.41 0-30 mi.free zone >30-60 mi. base pay+$2.95/hr. Duties Include: >60 mi. base pay+$4.75/hr. Smooth and finish surfaces of poured concrete, such as floors,walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. 6 CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit Zone Pay: $24.32 $11.40 0-30 mi. free zone >30-60 mi.base pay+ $3.50/hr. This;group includes but is not limited to: >60 mi. base pay+$5.50/hr. Air Compressor;Auto Fine Grader; Belt Finishing; Boring Machine(Small); Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15,and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler,All Except Cranes/Shovels; Pumpman. CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: $25.54 $11.40 0-30 mi. free zone >30-60 mi. base pay+ $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. 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 incl. 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; Pumperete\Grout Machine; Punch Truck; Roller, other' than Asphalt; Roller, Sheepsfoot(Self-Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine Washing/Screening Plant CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $26.00 $11.40 ` 0-30 mi.free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. 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. 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: $27.00 $11.40 0-30 mi.free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Zone Pay: $28.00 $11.40 0-30 mi.free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Cranes, 45 tons up to and incl. 74 tons. CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: $29.00 $11.40 0-30 mi.free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Cranes, 75 tons up to and incl. 149 tons'; Cranes, Whirley(All). CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: $30.00 $11.40 0-30 mi.free zone >30-60 mi. base pay+$3.50/hr. This group'includes but is not limited to: >60 mi. base pay+$5.50/hr. Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add $100 for every 100 tons'over 250 tons; Crane, Tower(All) Crane Stiff-Leg or Derrick; Helicopter Hoist. CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: $20.08 $8.65 0-30 mi.free zone >30-60 mi. base pay+$3.05/hr. >60 mi. base pay+$485/hr. 8 CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: $23.47 $8.65 0-30 mi.free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. 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. CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: $24.34 $8.65 0-30 mi. free zone >30-60 mi. base pay+ $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. 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. CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: $25.00 $8.65 0-30 mi.free zone >30-60 mi. base pay+ $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Hod Carrier***;Water Well Laborer; Blaster;Wagon Driller;Asphalt Raker; Cutting Torch; Grade Setter; ***Hod Carriers will receive the same amount of travel High-Scaler; Power Saws(Faller&Concrete) and/or subsistence pay as bricklayers when requested to Powderman; Rock&Core Drill; Track or Truck Mounted travel. Wagon Drill and Weider Incl. Air Arc. 9 DIVER Wage Benefit Zone Pay: Stand-By $36.02 $12.89 0-30 mi.free zone Diving $72.04 $12.89` >30-50 mi. base pay+$4.00/hr. >50 mi. base pay+$6.00/hr. Depth Pay(Surface Diving) 0-20 ft. free zone >20-1'00 ft. $2.00 per ft. >100-150 ft. $300 per ft. >150-220 ft. $400 per ft. >220 ft. $5.00 per ft. Diving In Enclosures 0-25 ft. free zone >25-300 ft. $100 per ft. DIVER TENDER Wage Benefit Zone Pay: Stand-By $35.02 $12.89 0-30 mi.free zone >30-50 mi. base pay+$4.00/hr. The tender shall receive 2 hours at the straight time pay >50 mi. base pay+$6.00/hr. rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. ELECTRICIANS Wage Benefit Travel• $30.73 $13.20; 0-18 mi.free zone >18-60 mi.federal mileage rate/mi. in effect when travel occurs and employee;uses own vehicle. >60 mi. $75.00/day in lieu of any other travel allowance. INSULATION WORKERS-MECHANICAL (HEAT AND FROST) Wage Benefit Travel: $32.32 $17.57 All Districts 0-30 mi.free zone Duties Include: >30-40 mi. $20.00/day Insulate pipes, ductwork or other mechanical systems'. >40-50 mi. $30.00/day >50-60 mi. $40.00/day >60 mi. $45.00/day+$0.56/mi. if transportation is not provided/$0.20/mi. if in company vehicle. >60 mi. $77.00/day on jobs requiring an overnight stay+ $0.56/mi. if transportation is not provided/$0.20/mi. if in company vehicle. 10 IRONWORKERS-STRUCTURAL STEEL AND'REBAR PLACERS Wage Benefit Travel: $26.50 $20.73 0-45 mi. free zone >45-85 mi. $45.00/day Duties Include: >85 mi. $75.00/day 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. LINE CONSTRUCTION-EQUIPMENT OPERATORS Wage Benefit Zone Pay: $30.12 $12.75 0-25 mi. $30.00/day >25 mi. $60.00/day LINE CONSTRUCTION-GROUNDMAN Wage Benefit Zone Pay: $24.30 $12.03 0-25 mi. $30.00/day >25 mi. $60.00/day LINE CONSTRUCTION-LINEMAN Wage Benefit Zone Pay: $40.63 $13.84 0-25 mi. $30.00/day >25 mi. $60.00/day MILLWRIGHTS Wage Benefit Zone Pay: $30.00 $11.57 0-30 mi.free zone >30-50 mi. base pay+ $4.00/hr. >50 mi. base pay+,$6.00/hr. PAINTERS Wage Benefit Travel: $23.76 $15.28 0-120 mi. free zone >120 mi. $45.00/day. 11 PILE BUCKS Wage Benefit Zone Pay: $27.00 $11.57 0-30 mi.free zone >30-50 mi. base pay+$4.00/hr. Duties Include: >50 mi. base pay+$6.00/hr. 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. PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit Travel: $33.21 $15.11 0-70 mi.free zone >70 mi. $0.55/mi. if transportation is not provided. Special Provision: If employee travels back and forth from home to job site, the employee will receive compensation for no more than two trips. Per Diem: $90.00/day SHEET METAL WORKERS/HVAC Wage Benefit Travel $27.33 $14.44 0-51 mi.free zone >5'1 mi. $0.25/mi. in employer vehicle Duties Include: $0.65/mi. in employee vehicle Testing and balancing, commissioning and retro- commissioning, of all air-handling equipment and duct Per Diem: work. $60.00/day TEAMSTERS GROUP 1 Wage Benefit Zone Pay: $20.39 $9.16 0-25 mi.free zone >25-50 mi. base;pay+$2.50/hr. Pilot car driver. >50 mi. base pay+$3.00/hr. 12 TEAMSTERS GROUP 2 Wage Benefit Zone Pay: $26.06 $9.16 0-25 mi.free zone >25-50 mi. base pay+ $2.50/hr. This group includes but is not limited to: >50 mi. base pay+ $3.00/hr. Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment;Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman;Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment;Warehouseman,Partsman, Cardex and Warehouse Expeditor;Water Trucks. 13 MONTANA PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION SERVICES 2015 Effective: January 2, 2015 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: 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, zone pay 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 1 TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication ............................................................................................................................... 3 B. Definition of Highway Construction ............................................................................................................. 3 C. Definition of Public Works Contract .......................................................................................................... 3 D. Prevailing Wage Schedule ..................................................................................................................... 3 E. Rates tol Use for Projects ........................................................................................................................ 3 F. Wage Rate Adjustments for Multiyear Contracts .......................................................................................... 3 G. Fringe Benefits ..................................................................................................................................... 4 H. Dispatch City ........................................................................................................................................ 4 1. Zone Pay ............................................................................................................................................ 4 J. Computing Travel Benefits .................................................................................................................... 4 K. Per Diem ............................................................................................................................................ 4 L. Apprentices ......................................................................................................................................... 4 M. Posting Notice of Prevailing Wages .......................................................................................................... 5 N. Employment Preference ......................................................................................................................... 5 P. Welder Rates ..................................I.............................................................................I.................... 5 O. Foreman Rates .................................................................................................................................. 5 WAGE RATES: BRICK, BLOCK,AND STONE MASONS ........................................................................................................... 6 CARPENTERS ............................................................................................................................................ 6 CEMENTMASONS ...................................................................................................................................... 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORSGROUP I ............................................................................................................................. 6 OPERATORSGROUP 2 ............................................................................................................................ 7 OPERATORSGROUP 3 ............................................................................................................................ 7 OPERATORSGROUP 4 .....................................I...................................................................... ............ 7 OPERATORS GROUP 5 ............................................................................................................................ 8 OPERATORS GROUP 6 .................................... ....................................................................................... 8 OPERATORSGROUP 7 ........................................................................................................................... 8 CONSTRUCTION LABORERS LABORERSGROUP I ............................................................................................................................ 8 LABORERSGROUP 2 .......................................................................................................................I.... 9 LABORERSGROUP 3 .................................................................................................I.......................... 9 LABORERSGROUP 4 ...........................................................I................................................................ 9 DIVER .... ...... 10 DIVERTENDER ......................................................................................................................................... 10 ELECTRICIANS .......................................................................................................................................... 10 IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS ......................................................................... 10 LINE CONSTRUCTION EQUIPMENTOPERATOR .......................................................................................................................... 11 GROUNDMAN ......................................................................................................................................... 11 LINEMAN ................................................................................................................................................. 11 MILLWRIGHTS ............................................................................................................................................ 11 PAINTERS ................................................................................................................................................ 11 PILEBUCKS ............................................................................................................................................... 11 TEAMSTERS GROUP 1 ............................................................................................................................... 12 TEAMSTERSGROUP 2 ............................................................................................................................... 12 TEAMSTERSGROUP 3 ............................................................................................................................... 12 2 A.Date of Publication The rate schedule was published with the Secretary of State on December 24, 2014. It is for use in bid solicitations first made on or after January 2, 2015. B.Definition of Highway Construction The Administrative Rules of Montana(ARM)24.17.501(3)—(3)(a),Public Works Contracts For Construction Services Subject to Prevailing Rates,states: "Highway construction projects include, but are not limited to, the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, trails,paths, andparldng areas, bridges constructed or repaired in conjunction with highway work, and other similar projects not incidental to building constructionn or heaiy construction. Highway construction projects include, but are not limited to, alleys, base courses, bituminous treatments, bridle paths, concrete pavement,curbs, excavation and embankment(for road construction),fencing(highway), grade crossing elimination (overpasses or underpasses), guard rails on highways, highway signs, highway bridges (overpasses, underpasses, grade separation), medians,parldng lots,parlovays, resurfacing streets and highways, roadbeds, roadways, runways, shoulders, stabilizing courses,storm sewers incidental to road construction, street paving, surface courses, taxiways, and trails. " C.Definition of Public Works Contract Section 18-2-401(11)(a),MCA 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, orpolitical subdivision in which the total cost of the contract is in excess of$25,000..." D.Prevailing Wage Schedule This publication covers only Highway Construction occupations and rates in the specific localities mentioned herein. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction,Heavy 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 standardprevailing rate of wagespaid 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 ofprevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency. 3 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 ofpay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b)make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefitfund,plan, orprogram 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, orprogram described in subsection (1)(b)mustprovide 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.Dispatch City Dispatch City is the courthouse in the city from the following list which is closest to the center of the job: Billings, Bozeman,Butte,Great Falls,Helena,Kalispell,and Missoula. I. Zone Pay Zone pay is not travel pay. It is an amount added to the base pay,the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay shall be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job. J. Computing Travel Benefits Travel pay,also referred to as travel allowance,shall be paid for travel both to and from the job site,except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home,whichever is closer,to the center of thejob. K. Per Diem Per Diem typically covers the costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at'a location outside the daily commuting distance and is required to stay overnight or longer. L.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 journey level prevailing wage rate when working on a public works contract. 4 M.Posting Notice of Prevailing Wages Section 18-2-406,MCA,provides that contractors,subcontractors, and employers who are "...performing woriz 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 f rst 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." N.Employment Preference Sections 18-2-403 and 18-2-409,MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O.Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. P.Foreman 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. 5 WAGE RATES' BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel• $25.74 $12.25 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 Zone Pay: $27.00 $11.57 0 30 mi.free zone >30-50 mi. base pay+$4.00/hr. >50 mi. base pay+$6.00/hr. CEMENT MASONS/CONCRETE FINISHERS Wage Benefit Zone Pay: $23.87 $9.80 0-30 mi.free zone >30-60 mi. base pay+$2.95/hr. Duties Include: >60 mi. base pay+$4.75/hr. 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 1 Wage Benefit Zone Pay: $24.02 $9.90 0-30 mi.free zone >30-60 mi. base;pay+$2.50/hr. This group includes but is not limited to: >60 mi. base pay+$3.00/hr. Air Compressor;Auto Fine Grader; Belt Finishing; Boring Machine(Small); Cement Silo; Crane,A-Frame Truck Crane; Crusher Conveyor;DW-10, 15, and 20 Tractor Roller; Farm:Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. 6 CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: $26.05 $9.90 0-30 mi. free zone >30-60 mi. base pay+ $2.50/hr. This group includes but is not limited to: >60 mi. base pay+ $3.00/hr. 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 incl. 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; Pumperete\Grout Machine; Punch Truck; Roller,other than Asphalt; Roller, Sheepsfoot(Self-Propelled); Roller, 25 tons and over; Ross Carrier;Rotomill,under 6 ft; Trenching Machine;Washing/Screening Plant CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $26.91 $9.90 0-30 mi. free zone >30-60 mi. base pay+ $2.50/hr. This group includes but is not limited to: >60 mi. base pay+ $3.00/hr. Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 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 Zone Pay: $27.60 $9.90 0-30 mi.free zone >30-60 mi. base pay+ $2.50/hr. This group includes but is not limited to: >60 mi. base pay+ $3.00/hr. Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons Crusher Operator; Finish Motor Patrol; Finish Scraper. 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Zone Pay: $28.94 $9.90 0-30 mi.free zone >30-60 m. base pay+$2.50/hr. This group includes but is not limited to: >60 mi. base pay+$3.00/hr. Cranes, 45 tons up to and incl. 74 tons. CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: $29.63 $9.90 0-30 mi.free zone >30-60 mi. base pay+$2.50/hr. This group includes but is not limited to: >60 mi. base pay+$3.00/hr. Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley(All).. CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: $31.73 $9.90 0-30 mi.free zone >30-60 mi. base pay+$2.50/hr. This'group''includes but is not limited to: >60 mi. base pay+$3.00/hr. 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/FLAG PERSON FOR TRAFFIC CONTROL' Wage Benefit Zone Pay: $20.08 $8.65 0-30 mi.free zone >30-60 mi. base pay+$3.05/hr. >60 mi. base pay+$4.85/hr. 8 CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: $22.90 $8.65 0-30 mi.free zone >30-60 mi. base pay+ $3.05/hr. This group includes but is not limited to: >60 mi. base pay+ $4.85/hr. 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. CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: $24.34 $8.65 0-30 mi.free zone >30-60 mi. base pay+ $3.05/hr. This group includes but is not limited to: >60 mi. base pay+$4.85/hr. 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. CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: $23.76 $8.65 0-30 mi.free zone >30-60 mi. base pay+ $3.05/hr. This group includes but is not limited to: >60 mi. base pay+$4.85/hr. Hod Carrier***;Water Well Laborer; Blaster;Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; ***Hod Carriers will receive the same amount of travel High-Scaler; Power Saws(Faller& Concrete) and/or subsistence pay as bricklayers when requested to Powderman Rock& Core Drill; Track or Truck Mounted travel. Wagon Drill and Welder incl. Air Arc. 9 DIVER Wage Benefit Zone Pay: Stand-By $36.02 $12.89 0-30 mi.free zone Diving $72.04 $12.89 >30-50 mi. base pay+$4.00/hr. >50 mi. base pay+$6.00/hr. Depth Pay(Surface Diving) 0-20 ft. free zone >20-100 ft. $2 0O per ft. >100-150 ft. $3.00 per ft. >150-220 ft. $400 per ft. >220 ft. $500 per ft. Diving In Enclosures 0-25 ft. free zone >25-300 ft. $1.00 per ft. DIVER TENDER Wage Benefit Zone Pay: $35.02 $12.89 0-30 mi.free zone >30-50 mi. base pay+$4.00/hr. The tender shall receive 2 hours at the straight time pay >50 mi. base pay+$6.00/hr. rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. ELECTRICIANS Wage Benefit Travel• $30.73 $13.20` 0-18 mi.free zone >1'8-60 mi.federal mileage rate/mi. in effect when travel occurs and employee uses own vehicle. >60 mi. $75.00/day in lieu of any other travel allowance. IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit Travel• $26.50 $20.73i 0-45 mi.free zone >45-85 mi. $45.00/day Duties Include: >85 mi.$75.00/day 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. 10 LINE CONSTRUCTION—EQUIPMENT OPERATORS Wage Benefit Zone Pay: $30.12 $12.75 0-25 mi. $30.00/day >25 mi. $60.00/day LINE CONSTRUCTION—GROUNDMAN Wage Benefit Zone Pay: $24.30 $12.03 0-25 mi. $30.00/day >25 mi. $60.00/day LINE CONSTRUCTION— LINEMAN Wage Benefit Zone Pay: $40.63 $13.84 0-25 mi. $30.00/day >25 mi. $60.00/day MILLWRIGHTS Wage Benefit Zone Pay: $30.00 $11.57 0-30 mi. free zone >30-50 mi. base pay+ $4.00/hr. >50 mi. base pay+$6.00/hr. PAINTERS Wage Benefit ) No Rate Established $24.00 $9.30 PILE BUCKS Wage Benefit Zone Pay: $27.00 $11.57 0-60 mi.free zone >60-100 mi. base pay+$3.25/hr. Duties Include: >100 mi. base pay+ $4.75/hr. 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. 11 TEAMSTERS GROUP 9 Wage Benefit Zone Pay: $20.59 $9.16 0-25 mi.free zone >25-50 mi. base pay+$2.50/hr. Pilot car driver. >50 mi. base pay+$3.00/hr. TEAMSTERS GROUP 2 Wage Benefit Zone Pay: $27.69 $9.16 0-30 mi.free zone >30-60 mi. base pay+$3.05/hr. This group includes but is not limited to: >60 mi. base pay+$4.85/hr. Combination Truck and Concretes Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom;Serviceman; Service Truck/Fuel Truck/Tireperson;Truck Mechanic;Trucks` with Power Equipment;Warehouseman, Partsman, Cardex and Warehouse Expeditor;Water Trucks. 12 { MISCELLANEOUS FORMS The following miscellaneous forms are provided for the CONTRACTOR's information. They will be used by the ENGINEER and OWNER in the administration of the F construction contract. MISCELLANEOUS FORMS NOTICE OF AWARD NOTICE TO PROCEED CHANGE ORDER FIELD ORDER WORK CHANGE DIRECTIVE ORDER TO CONTRACTOR TO SUSPEND WORK ORDER TO CONTRACTOR TO RESUME WORK APPLICATION FOR PAYMENT FORM 1 APPLICATION FOR PAYMENT FORM 2 CERTIFICATE OF SUBSTANTIAL COMPLETION CONTRACTORS CERTIFICATE AND RELEASE SUBCONTRACTOR RELEASE SURETY'S CONSENT TO FINAL PAYMENT Miscellaneous Forms - Page 1 of 1 22 Misc Forms Index.doc Revised July 25,2011 i Notice of Award Dated Project: Owner: Owner's Contract No.: N.7`'Avenue Lighting Improvements- City of Bozeman N/A 2015 Contract:N.7th Avenue Lighting Improvements-2015 Engineer's Project No.: I 0417.063 Bidder: Montana Lines,Inc. Bidder's Address:(send Certified Mail,Return Receipt Requested): �800-Upper River Road ` Great Falls,MT 59405 You are notified that your Bid dated June 9. 2015 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for the Base Bid, The Contract Price of your Contract is Five Hundred Eighty Four Thousand Eight Hundred Seventy Three and 38 one hundredths Dollars($584.873.38). 5 copies of each of the proposed Contract Documents(except Drawings)accompany this Notice of Award. 2 sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent nt within fifteen days of the date o Y 9 u receive this P Y y i Notice of Award. 1. Deliver to the Owner[N fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), [and] General Conditions (Paragraphs 2.01 and 5.01) [and Supplementary Conditions(Paragraph SC-2.01).] 3. Other conditions precedent: Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award and declare your Bid security forfeited. Within fifteen days after you comply with the above conditions, Owner will return to you two fully executed counterparts of the Contract Documents. Owner By. Authorized Signature j 7 C/1 Title Copy to Engineer Notice of Award—Page 1 of 1 EJCDC C-510 Prepared by the Engineers Joint Contract Documents Committee Notice of Award.doc Revised January 2010 Notice to Proceed Dated Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address: [send Certified Mail, Return Receipt Requested] You are notified that the Contract Times under the above contract will commence to run on On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is_ , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is ]. Before you may start any Work at the Site, Paragraph 2.01.E of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must[add other requirements]: Contractor Owner Received by: Given by: Authorized Signature Title Title Date Date Copy to Engineer Notice to Proceed—Page 1 of 1 EJCDC-550 Prepared by the Engineers Joint Contract Documents Committee 24 Notice to Proceed.doc CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times: Substantial Completion: $ Ready for final payment: (days or dates Net Increase(Decrease)from previous Change Net change from previous Change Orders No. _to Orders No. _to_ No. Substantial Completion: $ Ready for final payment: (days) Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for final payment: (days or dates Net increase(decrease)of this Change Order: Net increase(decrease)this Change Order: Substantial Completion: $ Ready for final payment: (days) Contract Price with all approved Change Orders: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for final payment: (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further,that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR(Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER- Signature) Date OWNER(Authorized Signature) Date EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Page 1 of 2 N:\0417\063\Design Docs\Specs-Phase 2\25 COB Change Order Form.doc CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor,or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. Page 2 of 2 N:\0417\063\Design Docs\Specs-Phase 2\25 COB Change Order Form.doc Field Order No. Date of Issuance: Effective Date: 1 Project: Owner: Owners Contract No.: i Contract: Date of Contract: Contractor: Engineer's Project No.: Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.04A.,for minor changes in the Work without changes in Contract Price or Contract Times. If you consider that a change in Contract Price or Contract Times is required,please notify the Engineer immediately and before proceeding with this Work. Reference: (Specification Section(s)) (Drawing(s)/Detail(s)) Description: Attachments: Engineer: Receipt Acknowledged by(Contractor): Date: Copy to Owner Field Order—Page 1 of 1 26 Field Order.doc Revised January 2010 ��y^���' �*K� Directive ` ����n � ,�ou����� n�����~u�ve ��_ . _ No~ ____ Date ofIssuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: You are directed m proceed promptly with the following ohu000(s): Item No. Description K Attachments(list documents supporting o»anoo): « o Purpose for Work Change Directive: [] Authorization for Work described herein to proceed on the basis of Cost of the Work due to: ` LJ Non-agreement on pricing of proposed change. [] Necessity mexpedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. Estimated change in Contract Price and Contract Times: K Contract Price p OmomaooOuoom000 Contract Time OmomanaOuocmaoo 8days If the change involves an increase,the estimated amounts are not to be exceeded without further authorization. Recommended for Approval by Engineer: Date Authorized for Owner by: Date Accepted for Contractor by: Date Approved by Funding Agency(if applicable): Date: | Work Change Directive— Page 1 of 27 Work Change DimoUvo.doo | Revised January 201O I i r ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. F DATE: Morrison-Maierle, Inc. Project Number TO: PROJECT AND LOCATION: i OWNER: By reason of which renders it impracticable for you to secure specified results on the work required by your contract, you are hereby directed to suspend work(minor operations excepted), at the close of work on You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time n will ❑ will not continue to be charged during the period work is suspended. (See General Conditions, Articles 12 and 15 and applicable Supplementary Conditions). calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendar days have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: cc: Morrison-Maierle, Inc. Order to Contractor to Suspend Work— Page 1 of 1 28 Suspend Work.doc Revised January 2010 ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: Morrison-Maierle, Inc. Project Number TO: PROJECT AND LOCATION: OWNER: The Suspend Work Order, dated directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective Under the terms of your contract for this project, Contract Time ❑ was ❑ was not charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, of the calendar days Contract Time had been used. calendar days were charged during the period work was suspended, therefore, on the date this resume work order is effective, calendar days of Contract Time remain. The (revised)contract completion date is 20 Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your file. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: cc: Morrison-Maierle, Inc. Order to Contractor to Resume Work—Page 1 of 1 29 Resume Work.doc Revised January 2010 APPLICATION FOR PAYMENT (Project Cost Estimate) Page 1 of 2 pages r 1. Owner's Name and Address: 5.Project Number: 2. Official Name and Location of Project: 6.Application No. i 3. Contractor's Name and Address: 7.Period Ending: 8. Date Prepared: 9. Percent Complete: 10, M-M No. I 4. Description of Work: 11.Orig.Contract Amount G 12.Contract Time: 13. Dates 14. No.Days Contractor is A. Work to Start: B. Work Started: C. Completion Due: D. Est.or Act.Comp: Ahead: In Arrears: 15. Breakdown of Application for Payment ITEM Original Proposal Revised Work Performed to Date NO. DESCRIPTION OF WORK QNTY UNIT UNIT AMOUNT QNTY AMOUNT QNTY AMOUNT % PRICE 16. CONTRACTOR'S Certification:The undersigned CONTRACTOR certifies that:(1)all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment number 1 through_inclusive; (2)title to all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interest and encumbrances (except such as are covered by Bond acceptable to OWNER indemnifying OWNER against any such lien, claim, security interests or encumbrance)(3)all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents; and (4) there are no claims for extra work, delays, omitted items or of any nature against the OWNER or ENGINEER not set forth herein unless expressly stated otherwise in this Application for Payment. DATE: CONTRACTOR: TITLE: SIGNATURE: 17. Payment of Amount Due CONTRACTOR(Page_)is recommended. DATE: ENGINEER:Morrison-Maierle, Inc. TITLE: SIGNATURE: Form 1 -Application for Payment C-620—Page 1 of 3 30 App Payment 1.doc Revised January 2010 APPLICATION FOR PAYMENT(Periodic Cost Estimate) Page 2 of 2 pages (Continuation Sheet) 1. Owner's Name: Official Name of Project: 5.Project Number: 15. Breakdown of Application for Payment 6.Application No. COMPLETED TO DATE,ORIGINAL CONTRACT ITEMS COMPLETED TO DATE,CHANGE ORDERS PLUS MATERIALS ON SITE TOTAL COMPLETED TO DATE LESS DEDUCTIONS (1)Retained(5%) (2)Liquidated Damages (3)Retesting TOTAL AMOUNT DEDUCTED TOTAL AMOUNT EARNED TO DATE LESS PREVIOUS PAYMENTS NET AMOUNT DUE THIS ESTIMATE 1%STATE TAX(withheld this estimate) NET AMOUNT DUE CONTRACTOR ACCOMPANYING DOCUMENTATION: Form 1 -Application for Payment C-620—Page 2 of 3 30 App Payment 1.doc Revised January 2010 APPLICATION FOR PAYMENT INSTRUCTIONS fi A. GENERAL INFORMATION The sample form of Schedule of Values is intended as a guide only. Many projects require a more extensive form with space for numerous items, descriptions of Change Orders, identification of variable quantity adjustments, summary of materials and equipment stored at the site and other information. It is expected that a separate form will be developed by Engineer and Contractor at the time Contractor's Schedule of Values is finalized. Note also that the format for retainage must be changed if the Contract permits (or the law provides), and Contractor elects to deposit securities in lieu of retainage. Refer to Article 14 of the General Conditions for provisions concerning payment to Contractor. B. COMPLETING THE FORM The Schedule of Values, submitted and approved as provided in paragraphs 2.05.A.3 and 2.07.A.3 of the General Conditions should be reproduced as appropriate in the space indicated on the Application for Payment form. Note that the cost of materials and equipment is often listed separately from the cost of installation. Also, note that each Unit Price is deemed to include Contractor's overhead and profit. All Change Orders affecting the Contract Price should be identified and included in the Schedule of Values as required for progress payments. The form is suitable for use in the Final Application for Payment as well as for Progress Payments; however, the required accompanying documentation is usually more extensive for final payment. All accompanying documentation should be identified in the space provided on the form. C. LEGAL REVIEW All accompanying documentation of a legal nature, such as Lien waivers, should be reviewed by an attorney, and Engineer should so advise Owner. Form 1 -Application for Payment C-620—Page 3 of 3 30 App Payment 1.doc Revised January 2010 f G E k f 4J Y N 0 0 0 0 r o 0 .. a'Ui O •p° •1s° p, A w " bo o o y ` who q ; w E 41 N O q EE�.. w d 0 A z r a a 6 a w ° •i..l d bA U C.7 q z a U U' Wo v o A U W V F F O 0.F1rA "�" v a w j abi .� o WWry) w o m ° r� O z U OF U C4 d a vO a Q v a s a� r+ N M 7 Vi A p� ❑�❑ ro �Ut O LL '0 a .o a IS z o Tn � w OR ° qU'" .0 ° ° ° �U V) A U U U G O O .(� ''� O LL o o d w U U O ° ° q o bAAa � a'� tia o Pk td ed �❑.i yy a d o,d ° o p (n� O O y� N bn••• , 0� q F y� U � y ern� Ow y �O o•p 'C7 'Z WWF a°r N pN•y° rN, ° ° 0,2 Certificate of Substantial Completion Project: Owner. Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: t : This[tentative][definitive]Certificate of Substantial Completion applies to: ❑ All Work under the Contract Documents: ❑ The following specified portions: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [revised tentative] [definitive] list of items to be completed or corrected, is attached hereto. This list may not be all- inclusive,and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: ❑ Amended Responsibilities ❑ Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Certificate of Substantial Completion—Page 1 of 1 EJCDC C-625 Prepared by the Engineers Joint Contract Documents Committee 32 Susbstantial Completion.doc Revised November 2012 Accepted by Owner Date Certificate of Substantial Completion—Page 2 of 1 EJCDC C-625 Prepared by the Engineers Joint Contract Documents Committee 32 Susbstantial Completion.doc Revised November 2012 i I CONTRACTOR'S CERTIFICATE AND RELEASE FROM: (Contractor) TO: t REFERENCE CONTRACT NUMBER entered into the day of , 20 , between (Owner) and (Contractor) of (city, state)for the purpose of (Type of Operation)within the (Limits of the City of(Project Location)) KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned hereby certifies that there is due from and payable by the FInsert Owner's Name] to the Contractor under the Contract and duly approved Change Orders and modifications the balance of$ 2. The undersigned further certifies that in addition to the amount set forth in Paragraph I, there are outstanding and unsettled the following items which he claims are just and due owing by the . (Owner) (a) (b) (c) (d) (Itemize claims and amounts due. If none, so state) Contractor's Certificate and Release— Page 1 of 3 33 Contractors Cert and Release.docx Revised May 2011 3. The undersigned further certifies that all work required under this Contract including work required under Change Orders numbered: , and , has been performed in accordance with the terms thereof, and that there are no unpaid claims for materials, supplies or equipment and no claims of laborers or mechanics for unpaid wages arising out of the performance of this Contract, and that the wage rates paid by the Contractor and all Subcontractors were in conformity with the Contract provisions relating to said wage rates. 4. Except for the amounts stated under Paragraphs I and II hereof, the undersigned has received from the [Insert Owner's Namel all sums of money payable to the undersigned under or pursuant to the above-mentioned Contract or any modification or change thereof. 5. That in consideration of the payment of the amount stated in Paragraph I hereof the undersigned does hereby release the llnsert Owner's Namel from any and all claims arising under or by virtue of this Contract, except the amount listed in Paragraph II hereof, provided, however, that if for any reason the [Insert Owner's Namel does not pay in full the amount stated in Paragraph I hereof, said deduction shall be automatically included under Paragraph II as an amount which the Contractor has not released but will release the [Insert Owner's Namel from any and all claims of any nature whatsoever arising out of said Contract or modification thereof, and will execute such further releases or assurances as the [Insert Owner's Namel may request. Further, in consideration of the payment of the amount stated in Paragraph I hereof, the undersigned agrees to hold the [Insert Owner's Namel harmless from any and all costs, liability or expense of any kind in any way arising out of the contract referenced herein, or any subcontracts awarded pursuant thereto. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this day of , 20_. (Contractor) (Signature) (Title) being first duly sworn on oath, deposes and says, first, that He is the of the (Title) (Name of Company) Contractor's Certificate and Release— Page 2 of 3 33 Contractors Cert and Release.docx Revised May 2011 e second, that he has read the foregoing certificate by him subscribed as r (Title) of the (Name of Company) 4 Affiant further states that the matters and things stated therein are, to the best of his knowledge and belief, true. I h (Signature) Subscribed and sworn to before me this , day of , 20 My commission expires (Notary) i Contractor's Certificate and Release— Page 3 of 3 33 Contractors Cert and Release.docx Revised May 2011 SUBCONTRACTOR/SUPPLIER CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT (Subcontractor, materialman, suppliers, manufacturers and dealers to Prime Contractor) Upon receipt by the undersigned of checks from [Prime Contractor], in the sum of payable to [sub-contractor/supplier] and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, right the undersigned and its subcontractor, materialman, suppliers, manufacturers and dealers for all labor, equipment and material used or furnished by each on the work on the job for [project owner] located at [project description and location] to the following extent: This release covers final payment for labor, services, equipment, or materials furnished to [project owner] through [date] only and does not cover any items furnished after said date, nor disputed claims for additional work in the amount of Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. Address: Subcontractor/Supplier Signature Subcontractor/Supplier Typed Name/Title Date of Signature 34 Subcontractor Release.doc Revised January 2010 r : CONSENT OF OWNER ❑ SURETY COMPANY ARCHITECT ❑ TO FINAL PAYMENT CONTRACTOR ❑ AIA DOCUMENT G707 SURETY ❑ OTHER E PROJECT: (name,address) TO(Owner) -� ARCHITECT'S PROJECT NO: CONTRACT FOR: L J CONTRACT DATE: CONTRACTOR: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (here insert name and address of Surety Company) SURETY COMPANY, on bond of(here insert name and address of Contractor) ,CONTRACTOR, hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of owner) OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 20 Surety Company Signature of Authorized Representative Attest: (Seal): Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706,CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS,Current Edition AIA DOCUMENT G707 -CONSENT OF SURETY COMPANY TO FINAL PAYMENT,APRIL 1970 EDITION-AIA® ONE PAGE ©1970-THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,NW,WASHINGTON,D.C.20006 Consent of Surety Company to Final Payment-Page 1 of 1 N:\0417\0630esign Docs\Specs-Phase 2\35 01027 Consent.doc 7/9/15 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF WORK PART1 GENERAL 1.01 GENERAL A. This section describes the project and the work to be performed under this Contract in ageneral summary. Detailed requirements and extent of work are stated in applicable Specification. 1.02 ORGANIZATION AND INTERPRETATION OF CONTRACT DOCUMENTS A. Specifications and Drawings ;which may be included in these Contract Documents, establish the performance quality requirements, location and general arrangement of materials and equipment, and establish the minimum standards for quality of workmanship and appearance. B. Specification sections have not been divided into groups for work of subcontractors or various trades. Should there be questions concerning the applicability or interpretation of a particular section or part of a section or Drawing, direct questions to the Engineer. C. Piping and electrical conduit work shown on the Drawings is intended to be depictive and may not be exact and complete representation of the actual finished work. Include fittings, joints, supports, nuts, bolts, and other accessories required to provide complete and satisfactory piping and conduit systems, as specified, even though some items may not be specifically shown on the Drawings. D. A part of the work that is,necessary or required to make each installation satisfactory and operable for its intended purpose, even though it is not specifically included in the Specifications or on the Drawings, shall be performed as incidental work as if it were described in the Specifications and shown on the Drawings. 1.03 WORK BY OTHERS A. Existing luminaries (as noted on plans) between W. Juniper Street and Durston Road to be removed by utility(Northwestern Energy). Contractor to coordinate removal with said Utility. Pole base demolition/removal is the responsibility of the Contractor. B. See Section 01041, PROJECT COORDINATION. 1.04 DESCRIPTION OF PROJECT A. This project will include installation of luminaires on both sides of N. 7t" 01010-Page 1 of 8 NA0417\063\Design Docs\Specs-Phase 20vision IV 010.doc 7/9/15 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF WORK Avenue in Bozeman, Montana, generally between' Juniper Street and Durston Road. 1 Work to be completed includes, but is not limited to: a. Installation of twenty-two (22) decorative E2 Luminaires, including associated 'appurtenances, 'bases, conduit and wiring. b. Installation of four (4) galvanized decorative E1 Luminaires mounted to existing signal standard, including associated appurtenances, conduit and wiring; c. Installation of thirty-three (33) LED retrofit kits between 1-90 and Juniper Street; d. Installation of two (2) LED retrofit kits on signal standards at Oak Street; e. Below ground installation of conduit, piping and wiring necessary for installation of luminaries; f. :Above ground installation of electrical appurtenances necessary for installation of luminaires; g. Boring; h. Excavation and chain trenching; i. Installation of pre-cast or cast-in-place pole bases; j. Installation of handholes and associated conduit/wiring; k. Overhead power installation; I. Removal of existing luminaries and associated appurtenances; m. Removal of existing sidewalk, concrete and asphalt; n. Excavation and site grading, base preparation, concrete approaches, sidewalk installation, concrete installation and asphalt paving; o. Civil construction components; including CARx and U-Haul streetscape improvements; 01010-Page 2 of 8 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01010.doc 7/9/15 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF WORK p. Painting of seven (7) signal standards, upper shafts and luminaire arms at W. Tamarack Street and Durston Road. q. Landscaping; r. Removal/replacement of signage; s. Protection of existing improvements. 1.05 LOCATION AND INSPECTION OF SITE A. The project location is N 7th Avenue in Bozeman, Montana, generally between Juniper Street and Durston Road. B. Prospective bidders may inspect the general project area at a time of their choosing up to the time of the bid opening, C. Inquiries concerning these specifications and drawings may be made to Morrison-Maierle, Inc. 2880 Technology Boulevard W., P.O. Box 1113, Bozeman, Montana 59771. Telephone: (406)587-0721. Fax(406)922-6702 1.06 TIME FOR COMPLETION AND LIQUIDATED DAMAGES A. Time for completion shall be as specified in the Instructions To Bidders. B. Liquidated damages shall be as specified in the Agreement Form. 1.07 MEANS AND METHODS A. Means and methods of construction shall be such as the Contractor or subcontractors may choose; subject, however, to the Owner's or Engineer's right to reject means and methods proposed which: 1. Constitute a hazard to the work, persons, or property. 2. Will not finish the work effort in accordance with terms of the contact. 3. Are contrary to specified means or methods included in the contract. B. The right to reject means and methods of Contractor or subcontractor shall not be construed or interpreted as acceptance or control of means and methods by the Owner and Engineer. C. The Owner's or Engineer's approval or failure to exercise right to reject 01010 - Page 3 of 8 N:\0417\0630esign Docs\Specs Phase 20vision 1\01010.doc 7/9115 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF WORK means and methods shall not relieve the Contractor of his obligation to complete the work required by the contract. D. Total responsibility for control of all means and methods lies with the Contractor for all work. 1.08 BOUNDARIES OF WORK A. The Owner shall provide'land or rights-of-way for the work specified in this Contract and make suitable provisions for ingress and egress, and the Owner"shall not cause the Contractor to enter or occupy with workers,tools, equipment or material, any ground outside the property of the Owner without the written consent of the Owner of such ground. The final location and extent of the areas to be used shall be staked by the Owner and approved by the Owner. Other Contractors and employees or agents of the Owner may for all necessary purposes enter upon the premise used by the Contractor, providing the operations of other Contractors do not interfere with the actual scheduled operations. The Contractor,shall conduct his work so'as not to impede unnecessarily any work being done by others on or adjacent to the site. B. It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the site will be entirely that of the Contractor and that no claim shall be made against the Owner or the Engineer by reason of any act of an employee or trespasser. It shall be further'`understood that should any occasion arise necessitating access by the Owner to the sites occupied by these stored materials and equipment, the Contractor owning or responsible for the stored materials or equipment shall immediately remove same. No materials or equipment may be placed upon the property of the Owner until the Owner has agreed to the location contemplated by the Contractor to be used for storage. C. The Contractor shall be solely responsible for obtaining and shall pay all costs in connection with any additional work area, storage sites, access to the site, or 'temporary ;right-of-way which may be required for proper completion of the work. D. The Contractor shall confine all construction operations to within said public right-of-way, easements or permit limits or, at his own expense, make special written'arrangements with property owners or the appropriate public agency for use of additional area. The Contractor shall furnish Ownerwith copies of said written special arrangements prior to expanding his operations beyond the limits for which the owner has obtained easements or permits, 1.09 PROTECTION OF SITE 01010-Page 4 of 8 NA0417\0 resign Docs\Specs-Phase 20vision 1\01010.doc 7/9/15 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF WORK A. Excepting as otherwise provided herein, the Contractor shall take all necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain all public and private property in the proximity or otherwise affected by the construction work performed by him. The Contractor shall remove from the site all used materials. B. Also see Section 01041, PROJECT COORDINATION 1.10 SALVAGEABLE AND NON-SALVAGEABLE ITEMS A. Any items determined to be salvageable during the progress of the work shall be removed by the Contractor from the existing system under the work of this Contract. These items shall remain the property of the Owner and shall be delivered by the Contractor to a site of the Owner's choosing within the property limits of said Owner. Should the Owner choose not to accept any salvageable 'items, the Contractor shall dispose of those items at an approved site or landfill. B. Any non-salvageable items exposed during the work shall be removed from the trench and disposed of at an approved site or landfill. All old piping and materials removed from the trench as a result of the work shall be removed from the site and disposed of at an approved landfill. All waste asphalt materials, concrete materials, and other products shall be disposed of at disposal sites that are in compliance with all current Owner, County, State and Federal 'Regulations. C. Any Contractor's costs associated with any of the above work shall be considered incidental to the work. 1.11 OSHA REGULATIONS A. General: The Contractor will be required to comply with the Amendment to the Occupational Safety and Health Administration Construction Standards for Excavations, 29 CFR Part 1926,,Subpart P. Any conflicting information between the OSHA document and these Contract Documents shall be revised so that the OSHA document requirements supersede and take precedence over all other conflicting information. The Contractor shall be required to obtain copies of the OSHA document and to complete his review of the same to avoid misinterpretation of their regulations. B. Hazardous Atmospheres: The Contractor shall prevent employee exposure to potentially harmful levels ,of atmospheric contaminants and assure 01010- Page 5 of 8 NA0417\0630esign Docs\Specs-Phase 20vision 1\01010.doc 7/9/15 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF WORK acceptable atmospheric conditions by complying with the requirements of 29 CFR, Part 1926, Subpart P. Monitoring equipment shall be supplied as a requirement of this'project. 1.12 UNDERGROUND AND ABOVEGROUND FACILITIES A. All references and terminology in this Project Manual or Contract Documents to Buried or Underground Utilities shall be interpreted to be synonymous with and include all Underground Facilities. B. Any expense incurred by the Contractor as a result of conflict with aboveground facilities shall be reflected in the Contractor's bid as incidental work. C. Any expense incurred by the Contractor as a result of conflict with underground facilities shall be reflected in the Contractor's bid as incidental work. D. Section 01040, COORDINATION AND SITE CONDITIONS, and Section 02221, TRENCH EXCAVATION AND BACKFILL FOR PIPELINES AND APPURTENANT STRUCTURES (see MPWSS) contain additional requirements on underground and aboveground facilities. E. Section 02114 MPWSS` 6th Edition:' 1 Articles 3.1 A & B and 4.2A shall be amended to include existing utility electrical'transformer and distribution boxes, and'telephone and cable television boxes. 2. Part 4: Deleted the Measurement& Payment section. This work shall be incidental to the installation. No separate measurement or payment shall be made. F. Utility Locates: The Contractor shall contact the Montana-One Call System and secure facility-locate information prior to initiating any ground disturbance work. The `Contractor is cautioned that not all utilities or underground private facilities are represented on the One Call system. The Contractor shall also contact all other utilities and private facilities owners to secure locates for their facilities. The Contractor shall be solely responsible for any damage done to underground facilities due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the companies and to keep them informed of his construction activities so that these vital facilities are fully protected and remain operational at all 01010-Page 6 of 8 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01010.doc 7/9115 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF WORK times. G. The following list of representatives to contact for information regarding facilities is provided to assist the Contractor. The list may not represent all utilities and facilities, which may be present which the Contractor needs to contact. 1. Montana One Call System Dispatcher 800-424-5555 2 Northwestern Energy (Electrical) 888-467-2353 3. Northwestern Energy (Natural Gas) 888-467-2427 4. CenturyLink 406-585-2365 5. City,of Bozeman Engineering Dept. 406-582-2280 6. City of Bozeman Water Department 406-582-3200 1.13 FIELD OFFICE FACILITIES H. The Contractor shall supply the Engineer with a copy of any temporary land use agreement between the Contractor and Property Owner for his field office location(s). ; I. The Contractor does not need to provide a temporary field office for the Engineer. 1.14 TEMPORARY FACILITIES A. The Contractor shall be responsible for supplying his own office, toilet and storage facilities at the site.All expenses for connection of electrical service, telephone or other temporary service shall be the responsibility of the Contractor. The Contractor shall remove all traces of these facilities prior to completion of the project. B. ' Also see Section 01500, CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS. 1.15 SITE ACCESS C. The Contractor shall be responsible for determining the adequacy of all roads and bridges used in moving equipment and materials to the construction site. The Contractor shall provide alternative methods of access, such as temporary crossings, for any equipment that exceeds the capacity of existing access facilities. PART 2 PRODUCTS (Not Used) 01010 - Page 7 of 8 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01010.doc 7/9/15 SECTION 01010 DIVISION 1 -"GENERAL REQUIREMENTS SUMMARY OF WORK PART 3 EXECUTION (Not Used) END OF SECTION 01010 01010-Page 8 of 8 N:\0417\063\Design Docs\Specs-Phase 2\Division 1\01010.doc 719/15 SECTION 01019 DIVISION 1 — GENERAL REQUIREMENTS CONTRACT CONSIDERATIONS PART GENERAL 1.01 SECTION INCLUDES A. Cash Allowances B.` Work Sequence Schedule Restrictions/Time/Liquidated Damages C. Adverse Weather Shutdown 1.02 CASH ALLOWANCES A. None. 1.03 WORK SEQUENCE SCHEDULE RESTRICTIONS/TIME/LIQUIDATED DAMAGES A. General: The Contractor shall complete his work within the time stated in the AGREEMENT after the Notice to Proceed is issued. Scheduling restrictions are identified in SECTION 01040 - Coordination and Site Conditions. All references to "Days" shall be clarified to be Calendar Days. B. Work Sequence and Schedule Restrictions: Refer to Section 01040 COORDINATION AND: SITE CONDITIONS for details of specific requirements of work sequence and scheduling restrictions. C. Time: The contract time provided for the construction completion of this project is based on the Contractor working 5 days a week, 8 hours per day (40 hours per week maximum). Should the Contractor or his subcontractor desire to work more than 8 hours per day, or on the designated off days, then pre-approval to do so must be requested from the Engineer and the Owner. Neither the Engineer nor the Owner shall be under any obligation of approval of the requested extra work, and both parties must approve the request before the extended work hours beyond 8 hours per day or 40 hours per week will be permitted. For work weeks that are less than 5 days as a result of Holidays or weather delays, or should Contractor desire to work on a schedule other than five 8 hour days, an adjustment may be allowed,if requested by the Contractor and approved by Owner and Engineer, to work up to 10 hours per day maximum for up to a 40 hour week. All work shift times of the Prime Contractor and his subcontractors shall coincide with each other to prevent extending the total hours of work in a single day. 01019—Page 1 of 3 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01019.doc July 9,2015 SECTION 01019 DIVISION 1 — GENERAL REQUIREMENTS CONTRACT CONSIDERATIONS To recognize noise level concerns in these project areas,the shift shall begin no earlier than 7:00 a.m.'nor end no later than 7:00 p.m., unless emergency conditions exist. The designated non-work days shall be all weekends and the following national holidays: New Years'`Day Columbus Day Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memorial Day Christmas Eve Independence Day Christmas Day Labor Day D. Liquidated Damages: 40 Hour Work Week. The provisions of this contract provide 40 hours per week for Contractor and his subcontractors to complete their work. Any work in excess of 40 hours is a violation of these contract documents, unless written approval is provided by both the Owner and Engineer allowing such overtime work. The basis for approval of overtime work will be 1)the impact such overtime work will have on the;public community, 2) the impact such overtime work will have on the project schedule, and 3)the extra costs to the Owner that result from such overtime work. Costs to the `Owner that will be considered are direct expenses, overtime labor costs incurred by the Owner for maintaining staff onsite(if necessary), and expenses incurred; by the Owner for additional manpower by the Engineer. Work in excess of 40 hours per week,without the approval of both the Owner and Engineer, will result in a liquidated damage costs charged to the Contractor. The extra engineering cost associated with this work shall be in accordance with the rates provided in Section 00300 - Bid Form. These costs shall be limited to the actual additional engineering costs incurred by the Owner. Should the Contractor complete the work in a period of time such that no additional engineering costs are incurred by the Owner for the overall''project, the Contractor will not be assessed for the overtime hours worked. 01019—Page 2 of 3 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01019.doc July 9,2015 SECTION 01019 DIVISION 1 - GENERAL REQUIREMENTS CONTRACT CONSIDERATIONS 1.04 ADVERSE WEATHER SHUTDOWN The Contractor is advised that should he request an adverse weather shut down and should such a shut down be approved by the Engineer, all work on the project shall cease. The Engineer will not be available for work inspection during such shut downs and any work completed by the Contractor during such a shut down will not be accepted by the Engineer. In no case will an adverse weather shut down be approved by the Engineer when construction work is only partially completed, unless otherwise approved by the Engineer. Where the Engineer decides it is necessary, the Contractor shall restore all utility services to users in the construction area, and open up traffic access in the construction area. The Contractor shall also provide periodic road maintenance during this shut down period. Materials for this maintenance shall be consistent with the conditions of the roadway. Paved streets shall be maintained with temporary cold mix, and gravel streets shall be maintained with gravel, each of thicknesses satisfactory to carry the traffic without development of surface irregularities. Any costs related to the road maintenance of the above will be the responsibility of the Contractor at no additional cost to the Owner. The Owner shall reserve the right to order a seasonal shutdown if the work cannot be performed in a manner to comply with the specifications, as a result of seasonal weather, or if there are reasonable expectations that public services will be adversely affected if a shutdown is not ordered. A typical seasonal shutdown would occur from November 1 thru April 1 on projects involving water mains and large volume paving. This condition is considered typical for construction projects of this region, and no claim for project delays shall be made by the Contractor in the event of a seasonal shutdown. PART PRODUCTS Not used PART 3 EXECUTION Not used END OF SECTION 01019 01019—Page 3 of 3 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01019.doc July 9,2015 SECTION 01025 DIVISION 1 - GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT PART1 GENERAL 1.01 SECTION INCLUDES A. Scope B. Bid Prices C. Definitions D. Estimated Quantities E. Measurement Procedures F. Basis of Measurement and Payment 1.02 SCOPE A. This section describes the method of measurement and basis of payment for all work covered by the Contract Documents. B. For the purposes of this Contract, this Measurement and Payment Section shall govern and take precedence overall other references to measurement and payment (with exception to the Supplementary Provisions and any Addenda) referenced in these specifications or the Montana Public Works Standard Specifications (MPWSS), Sixth Edition, April 2010 with the modifications and additions;provided in the City of Bozeman Modifications to Montana Public Works Standard Specifications, Sixth Edition, dated March 31, 2011. 1.03 BID PRICES: A. The bid price for each item of the Contract in the Bid Form shall cover all work shown on the drawings and required by the specifications and other Contract Documents. All costs in connection with the work, including furnishing all materials, equipment, supplies and appurtenances; providing all required construction support plants, equipment, and tools; constructing and maintaining dewatering systems; performing all necessary labor and supervision to fully complete the work; and all sales and use and contractor taxes, license and permit costs and fees, shall be included in the unit and/or lump sum prices bid in the Bid Sheet Schedules. The amounts shown on the Bid Sheet Schedules shall be the contract price. B. No item that is required by the Contract Documents for the proper and successful completion of the work will be paid for outside of, or in addition to, the prices submitted in the bid. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid. 01025 - 1 SECTION 01025 DIVISION 1 - GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT 1.04 DEFINITIONS: The following definitions apply to the Units 'stipulated on the Bid Form included in Section'00300: LS = lump Sum Ea = Each LF = 'Lineal Feet (plan view length as shown on the Drawings) CLF = Hundred Linear Feet 1.05 ESTIMATED QUANTITIES: A. All estimated quantities stipulated in the Bid Sheet Schedules or other Contract Documents are approximate and are to be used; (1)only as a basis for estimating the probable cost of the work and (2) for the purpose of comparing the bids for the work. 1.06 BASIS OF MEASUREMENT AND PAYMENT: A. Lump Sum Items: Portions of the work in the Contract are based on lump sum priced bid items for construction activities and materials required to complete the work described in the Contract Documents. No measurement of Lump Sum bid items contained in this Contract will be made. Progress of completion on Lump Sum bid items, or the approved schedule of values as applicable, shall serve as the basis of measurement. Payment shall be at the lump sum price for each item and shall include all labor, materials, equipment, and incidentals required to complete the item. B. Unit Price Items: Portions of the work in this Contract are based on unit priced'bid items for construction activities and materials required to complete the work described in the Contract Documents. The unit priced bid is broken down into separate items for the purpose of progress payments and for the information of the Owner. Measurement of specified units,fully completed in accordance with the Contract Documents, including testing, shall be made for each Unit priced bid item and shall serve' as the basis of progress completion for Unit priced bid items. Payment of the items shall include all labor, materials, equipment, and incidentals required to complete the item. C. The basis of Measurement and Payment are described in the following: Item 101 - Mobilization and Demobilization Shall include moving equipment to and from the project site and other necessary associated work items. Payment will be at the lump sum bid price with 50 percent to be paid when mobilizing to begin construction and the remaining 50 01025 - 2 SECTION 01025 DIVISION 1 - GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT percent to be paid following completion and acceptance of the contract work. The bid price for this item cannot exceed three percent of the total bid. Item 102 -Taxes, Bonds, Insurance and Administration Shall include any and all taxes, bonds, and insurance costs in relation to this project together with and fees, permits, licenses, and incidental regulatory costs assessed by local, state or Federal agencies as required for successful completion of this project. This item shall be paid 50 percent upon mobilizing to begin construction if the bid price for this item is equal to or less than 5 percent of the total price.` For the second 50 percent of the bid amounts plus that portion of taxes, bonds, and insurance price greater than 5 percent, if any, payment of the second 50 percent and the excess greater than 5 percent shall be paid in increments on the basis of the percentage of work completed at each progress estimate. Item 103 Electrical'Demolition Shall include all demolition work as generally shown on Sheet E0.5; including all materials, tools, labor, and equipment necessary to complete the item and all incidental work thereto. Payment will be at the lump sum price bid in 5% increments on the basis of the percentage of work completed at each progress estimate. Item 104-Type E1 Luminaire Assembly Shall include new luminaire Type E1 material, mounting arm, upper shaft, installation, equipment, and wiring terminations and all mounting accessories required to mount luminaire to existing traffic signal pole per MDT standards. Item 105 Type E2 Luminaire Assembly Shall include new luminaire Type E2, concrete pole base, decorative base cover, breakaway bolts, pole, decorative arm, banner arms, plant hanger, GFI receptacle and cover, mounting accessories and wiring terminations. This item shall include labor and equipment required for complete installation of luminaire assembly. Item 106 - 135 Watt iLED Retrofit Shall include new LED retrofit kit and all labor and equipment required to remove existing lamping assembly and the installation of LED retrofit per manufacturer's requirements. 01025 - 3 SECTION 01025 DIVISION 1 - GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT Item 107 - 215 Watt LED Luminaire Replacement Shall include new LED luminaire and all labor and equipment required to remove existing luminaire and the installation of LED luminaire manufacturer's requirements. Item 108 - Metering Pedestal Shall include meter pedestal with integral meter base, photocell, load center and concrete base, and mounting accessories. This item shall include labor and equipment required for complete installation of meter pedestal'assembly. Item 109 — 1" Schedule 40'PVC Conduit Shall' include all1" schedule 40 PVC conduit, elbows, fittings, fasteners and pullstring. This item shall include labor and equipment required for complete conduit installation; including boring/trenching, backfill, marking tape, re- surfacing, landscaping and repairs. Item 110 - 1" Schedule 801 PVC Conduit Shall include all 1" schedule 80 PVC conduit, elbows, fittings, fasteners and pullstring. This item shall include labor and equipment required for complete conduit installation; including boring/trenching, backfill, marking tape,, re- surfacing, landscaping and repairs. Item<111 - 2" Schedule 40'PVC`Conduit Shall include all 2" schedule 40 PVC conduit, elbows, fittings, fasteners and pullstring. 'This item shall include labor and equipment required for complete conduit installation; including boring/trenching, backfill, marking tape, re- surfacing, landscaping and repairs. Item`112- 2" Schedule 80 PVC Conduit Shall include all 2" schedule 80 PVC conduit, elbows, fittings, fasteners and pullstring. This item shall include labor and equipment required for complete conduit installation; including boring/trenching, backfill, marking ;tape, re- surfacing, landscaping and repairs. 01025 - 4 SECTION 01025 DIVISION 1 - GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT Item' 113 - 1" RGS Existing Pole Feeder Shall include all 1" RGS conduit, elbows, fittings, fasteners, pullstring and conduit LB are required for plan detail. This item shall include labor and equipment required for complete conduit installation. Item`114-#8 THHN Copper Wire Shall include wire, connectors and all labor, materials and equipment associated with wire installation in conduit and luminaire poles. Item 115 -#10 THHN Copper Wire Shall include wire, connectors and all labor, materials and equipment associated with wire installation in conduit and luminaire poles. Item 116 - Handhole Shall include handhole and all backfill materials and equipment associated with handhole installation as detailed on the plans and in the electrical specifications. Surface repairs to disturbed areas shall be considered incidental to this item. Item 117 Type E2 Luminaire Assembly - Storage Shall include new luminaire Type E2, decorative base cover, breakaway bolts, pole, decorative arm, banner arms, plant hanger, GFI receptacle and cover. This item shall include transport and unloading and City storage location. Item 118 Civil'Component Construction Shall include all civil work as generally shown on Sheets C1, C2 and C3; including all project traffic control, materials, tools, labor, and equipment necessary to complete the item and all incidental work thereto. Payment will be at the lump sum price bid in 5% increments on the basis of the percentage of work completed at each progress estimate. Item 119 Painting Component Construction Shall include all painting work as noted on the plans and in the specifications, generally consisting of seven (7) existing signal standards and four (4) new upper shafts and luminaire arms; including all materials, tools, labor, and equipment necessary to complete the item and all incidental work thereto. 01025 - 5 SECTION 01025 DIVISION 1 - GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT Payment will be at the lump sum price bid in 5% increments on the basis of the percentage of work completed at each progress estimate. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01025 01025 - 6 SECTION 01027 DIVISION 1 —GENERAL REQUIREMENTS APPLICATIONS FOR PAYMENT PART1 GENERAL 1.01 SECTION INCLUDES A. Format B. Preparation of Applications C. Submittal Procedures D. Final Payment Application E. Substantiating Data 1.02 FORMAT A. Use the Periodic Estimate Form supplied in either this Project Manual or approved by the Engineer including continuation sheets when required. B. For each item, provide: Amount completed to date for individual items. For materials on hand provide item description, relation of material to individual bid item, dollar value of material stored and dollar value of material in place. The amount allowed for material stored shall not exceed the value of material remaining to be installed less the value of installation. C. Change order items shall not be included in requests for payment until approved by Owner and Engineer. Payment requests for change order items shall be made on Engineer supplied forms similar to payment requests for original work items. 1.03 PREPARATION OF APPLICATIONS A. Present required information for preparation of progress payments in either typewritten or legibly handwritten form. B. Review all requests for payment with Resident Project Representative(RPR). Obtain concurrence of quantities with RPR prior to submitting request for payment to Engineer. C. Upon receipt of processed pay request from Engineer, execute pay request, claim forms (if any) and certification by signature of authorized officer. D. List each authorized Change Order on individual change order request form provided by Engineer. 1.04 SUBMITTAL PROCEDURES A. Submit one copy of each Application for Payment to Engineer. 01027 - 1 SECTION 01027 DIVISION 1 — GENERAL REQUIREMENTS APPLICATIONS FOR PAYMENT B. Submit an updated construction schedule with each Application for Payment. C. Submit paid invoices for material in storage obtained from vendors or suppliers after initial payment for said invoices has been made under previous progress payment. Payment for materials on hand will be made upon presentation of the initial invoice. No further payment will be made to Contractor for work or materials on hand until such time that proof of payment to producers or suppliers has been made in proportion to payments made to contractor. "Paid" invoices Will be submitted by Contractor to substantiate payment to producers or suppliers. D. Payment Period: Submit at intervals stipulated in the Agreement. Contractor should expect a minimum of 30 or 45 days delay from the time Owner processes a request for payment and the time Contractor receives payment. No allowance or interest will be paid to Contractor for delay in payment due to the flow of funds. E. Submit request for payment under transmittal letter; specified in Section 01300.' 1.05 FINAL PAYMENT APPLICATION A. Supply lien waivers from prime contractor and major suppliers and subcontractors, and submit Consent of Surety Company to Final Payment. Provide on forms immediately following. B. Submit all documents including operation/maintenance data, record drawings, and warranty data as specified in Section 01700. 1.06 SUBSTANTIATING DATA A. When Engineer requires substantiating information, submit data justifying dollar amounts in question. B. Provide one copy of data with cover letter for each copy of submittal. Show Application number and date, and line item by number and description. PART 2 PRODUCTS Not Used 01027 - 2 SECTION 01027 DIVISION 1 - GENERAL REQUIREMENTS APPLICATIONS FOR PAYMENT PART 3 EXECUTION Not Used END OF SECTION 01027 01027 - 3 SECTION 01035 CHANGE ORDER DIVISION 1 - GENERAL REQUIREMENTS PROCEDURES PART1 GENERAL 1.01 SECTION INCLUDES A. Submittals. B. Documentation Necessary for Change in Contract Price and Contract Time. C. Change in Work Procedures. D. Work Directive Change. E. Stipulated Sum Change Order. F. Reconciling/Balancing Change Order. G. Unit Price Change Order. H. Time and Material. I. Execution of Change Orders. J. ` Correlation of Contractor Submittals. 1.02 RELATED SECTIONS A. Section 01150 - Measurement and Payment B. Section 01300 - Submittals. C. Section 01600 -Product Shipment, handling, Storage, and Protection. D. Section 01700 - Contract Closeout. 1.03 SUBMITTALS A. Submit name of the individual authorized to receive change documents, and be responsible for informing others in CONTRACTOR's employment or Subcontractors of changes to WORK. B. Change Order Forms: ENGINEER Supplied Change Order Form. 1.04 DOCUMENTATION NECESSARY FOR CHANGE IN CONTRACT PRICE AND CONTRACT TIME A. Maintain detailed records of work done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in WORK. B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the,quotation. C. On request, provide additional data to support computations: 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 01035- Page 1 of 4 NA0417\063\Design Docs\Specs-Phase 20vision 1\01035.doc July 9,2015 SECTION 01`035 CHANGE ORDER DIVISION 1 - GENERAL REQUIREMENTS PROCEDURES 4. Justification for any change in Contract Time. 5. Credit for deletions from Contract, similarly documented. D. Support each claim for additional costs, and for work done on a Time and Material Basis, with additional information: 1 Origin and date of claim. 2. bates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 1.05 CHANGES IN WORK PROCEDURES A. ENGINEER will advise of minor changes in WORK not involving an adjustment to Contract Sum/Price or Contract Time by issuing supplemental instructions on a field memorandum. B. ENGINEER may issue a Proposal Request or'a Notice of Change which includes a detailed description of a proposed change with supplementary or revised drawings and specifications, and a change in Contract Time for executing the change with a 'stipulation on any overtime work required. CONTRACTOR will prepare and submit an estimate within 2 days. C. CONTRACTOR may propose a change by submitting'!a request for change to ENGINEER, describing the proposed change and its full effect on WORK, with a statement describing the reason for the change, and the effect on the Contract Price and Contract Time with full documentation. D CONTRACTOR will not proceed with change order work, except work authorized by a Work Directive Change until such time as OWNER has approved the change order. 1.06 GENERAL CHANGE ORDER CONDITIONS A. Submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. B. ENGINEER will determine the change allowable in Contract Price and Contract Time as provided in the Contract Documents. C. Maintain detailed records of work completed. D. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in WORK. ` 01035-Page 2 of 4 NA0417\063\1Design Docs\Specs-Phase 20vision 1\01035.doc July 9,2015 SECTION 01035 CHANGE ORDER DIVISION 1 - GENERAL REQUIREMENTS PROCEDURES E. Change orders will be paid according to the General Conditions, except the overhead and profit allowance shall apply only to labor and materials. F. Equipment charges shall be figured on the monthly rates of"The DataQuest Rental Rate 'Blue Book" latest edition, divided by 173 to figure the hourly rate, with no overhead and profit allowance allowed. G. No additional or deduction of costs will be incorporated into each change order for costs associated with CONTRACTOR's taxes, bonds and insurance. As these items are reflective of the overall project cost, a final change order may be initiated by either party to recover costs or savings associated with the projects final construction cost. 1.07 WORK DIRECTIVE CHANGE A. When ENGINEER issues a Work Directive Change, signed by OWNER, it shall instruct CONTRACTOR to proceed with a change in WORK, for subsequent inclusion in a Change Order. B.` The document will describe changes in WORK, estimated cost, and will designate method of determining any change in Contract Sum/Price or Contract Time. C. CONTRACTOR shall promptly execute the Change in WORK. 1.08 STIPULATED SUM CHANGE ORDER A. Based on a Proposal Request or the issuance of a Work Directive Change at CONTRACTOR's maximum price quotation, or; B. Based on CONTRACTOR's request for a Change Order as approved by ENGINEER. 1.09 UNIT PRICE CHANGE ORDER A. When based on predetermined unit prices and quantities, the Change Order will be executed in accordance with the fixed unit prices defined in the Agreement. B. When based on unit costs or quantities of units of work which are not predetermined, the Change Order Work will be executed under a Work Directive Change. 01035- Page 3 of 4 NA0417\063\Design Docs\Specs-Phase 20vislon 1\01035.doc July 9,'2015 SECTION 01035 CHANGE ORDER DIVISION 1 - GENERAL REQUIREMENTS PROCEDURES C. Changes in Contract Price and Contract Time will be computed as specified under Time and Material Change Orders. 1.10 RECONCILING/BALANCING CHANGE ORDER A. A reconciling change order to show final in-place quantity overruns and underruns will be required at the completion of WORK. The unit prices will remain'unchanged unless revised under other conditions of the Contract Documents. This reconciling change order will have to be prepared and signed before authorization of final payment to CONTRACTOR. 1.11 EXECUTION OF CHANGE ORDERS A. ENGINEERwill issue Change Orders for signatures of parties as provided in the Conditions of the Contract. 1.12 CORRELATION OF CONTRACTOR'SUBMITTALS A. Promptly revise progress schedules to reflect any change in Contract Time, revise sub-schedules to adjust time for other items of work affected by the change, and resubmit. B. Promptly enter changes in Project Record Documents. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01035 01035-Page 4 of 4 NA0417\063\Design Docs\Specs-Phase 20vision 1\01035.doc July 9,2015 SECTION 01040 COORDINATION AND DIVISION 1 - GENERAL REQUIREMENTS SITE CONDITIONS PART1 GENERAL 1.01 SECTION INCLUDES A. Requirements for coordinating and sequencing the work under the Contract, and requirements regarding existing site conditions. B. Requirements for cutting and patching of new and existing work. 1.02 JOBSITE COORDINATION A. Coordination with Other Work: Coordination with the other utility contractor, if applicable. B. Owner may perform additional work related to this project himself, or he may let other direct contracts<therefore which shall contain General Conditions and General Requirements similar to these. Contractor shall afford the other contractors who are parties to such direct contracts, (or Owner if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and execution of work, and shall properly connect and coordinate his work with theirs. C. If any part of Contractor's work depends on proper execution or results from the work of any such other contractor (or Owner), Contractor shall inspect and promptly report to Owner and Engineer in writing any defects or deficiencies in such work that renders it unsuitable for such proper execution and results. His failure to so report shall constitute an acceptance of the other work as fit and proper for the relationship of his work except as to defects and deficiencies which may appear in the other work after the execution of his work. D. Contractor shall do all cutting, fitting, and patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of the Engineer and of the other contractors whose work will be affected. E. If the performance of additional work by other contractors or Owner is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to Contractor prior to starting any such additional work. If Contractor believes that the performance of such additional work by Owner or others involves him an additional expense or 01040 -Page 1 of 12 N:\0417MMESIGN DOCS\SPECS-PHASE 20IVISION 1\01040.DOC July 9,2015 SECTION 01040 COORDINATION AND DIVISION 1 - GENERAL REQUIREMENTS SITE CONDITIONS entitles him to an extension of the contract time, he may make a claim therefore. F. Contractor shall be responsible for all areas of the site used by him and all Subcontractors in performance of the work. He shall exert full control over the actions of all employees and other persons with respect to the use and preservation of property and existing facilities, except such controls as may be specifically reserved to Owner or others. G. Contractor and all Subcontractors shall cooperate in the coordination of their separate activities in a manner that will provide the least interference with the Owner's operations and utility companies working in the area, and in the interfacing and connection of the separate elements of the overall project work. If any difficulty or dispute should arise in the accomplishment of the above, the problem shall be brought immediately to the attention of the Owner and Engineer.! All Contractors working on this site are subject to this requirement for cooperation, and all shall abide by the Engineer's decision in resolving project coordination problems without additional cost to the Owner. 1.03 SUBMITTALS A. Contractor shall submit the following information as applicable to coordination activities: 1. Subsurface Information and Utilities: a. Records or logs of borings or test holes'made by Contractor, if any. b. Results of exploratory excavations made to verify locations and nature, shape, dimensions, etc., of existing utilities and facilities; where 'possible, indicate this 'information on clean copy of Contract'Drawings. 2. Field 'Relocation:i Clearly show proposed relocations of new or existing facilities, or related work affected by the relocation, on a clean copy of the Contract Drawings and submitted prior to 'performing the relocation. 3. Easements: Copy of easements and other agreements obtained from utilities and property owners as required to carry out the work. 4. Connecting'Work: Proposed methods of connecting new work to existing facilities, where not shown or specified. 01040-Page 2 of 12 N:\0417\063\DESIGN ROCS\SPECS-PHASE 20VISION 1\01040.DOC July 9,2015 SECTION 01040 COORDINATION AND DIVISION 1 - GENERAL REQUIREMENTS SITE CONDITIONS 5. Cutting and Patching: a. Written notice requesting consent to perform cutting which may affect structural safety or normal functioning of existing facilities. b. Recommendations indicating changed conditions, alternative materials or methods, time when uncovered work may be observed, and other information necessary to evaluate substitutions when work conditions necessitate change of materials or methods. 6 Detailed schedule of proposed sequence of work meeting the requirements of this section and Section 01300, SUBMITTALS. Schedule shall clearly identify all interfacing work and dates that existing facilities must be modified, connected to, and/or taken out of service. 1.04 SITE CONDITIONS' A. Information on Site Conditions: 1. General: Information obtained by the Owner regarding site conditions, topography, subsurface information, groundwater elevations, existing construction of site facilities as applicable, and similar data is included in the 'Contract Documents or will be available for inspections at the office of the Engineer or Owner upon request. Such 'information is offered as supplementary information only. Neither the Engineer nor the Owner assumes any responsibility for its accuracy or completeness or for the Contractor's interpretation of such information. 2.' Subsurface Information: Subsurface investigations at the site have been provided within this project manual. 3. Topographic elevations are included in the Drawings. 4. Control Points: Contractor shall check existing and establish new (if desired) vertical and horizontal survey control points on structures and improvements located in the vicinity of the work prior to beginning work. Contractor shall check the points for movements when directed by the Engineer. Furnish Engineer with copies of survey notes for each survey and a copy of the layout of survey control points. 01040- Page 3 of 12 N:\0417\063\DESIGN DOCS\SPECS PHASE 20VISION 1\01040.DOC July 9,2015 SECTION 01040 COORDINATION AND DIVISION 1 - GENERAL REQUIREMENTS SITE CONDITIONS B. Existing Utilities: 1 Location: a. Known utilities and facilities adjacent to or within the work area are shown on the Drawings. The locations shown are taken from existing records and the best information available from existing utility plans; however, it is expected that there may be some discrepancies and omissions in the locations and quantities shown.' Contractor's request for additional compensation or Contract time resulting from encountering utilities not shown will be considered as set forth in the General Conditions. b. Contractor shall exercise reasonable care to verify locations of utilities and facilities shown on the Drawings and to determine the presence of those not shown. Immediate and adjacent areas where excavations are to be made shall be thoroughly;checked by visual examination for indications of underground facilities and also checked''with electronic metal and pipe detection equipment. Where there is reasonable cause to verify the presence or absence of an underground facility, make exploratory excavations prior to proceeding with major excavation in the area. Where information on buried facilities is required to verify their nature, shape, configuration, dimensions, materials, for other properties, make exploratory excavations as acceptable to the Owner and Engineer. C. The Contractor is advised that there is a one call utility locate number in use for utility location requests within the State of Montana for buried gas and electrical lines and buried telecommunication lines. The one call number is 1-800-424- 5555. MCA 69-4-501 through 69-4-506 specifies i the requirements to use this system before'any excavation work in Montana. d. A representative of the fiber optic company must be present at all times when the Contractor is working within fifty feet (50') of any existing buried fiber optic cable. If the fiber optic cable is to be left exposed overnight, continuous security must be provided to guard it. The Contractor is responsible for any and all costs associated with having the fiber optic 01040-Page 4 of 12 N:\0417\063\DESIGN DOCS\SPECS-PHASE 20IVISION 1\01040.DOC July 9,2015 SECTION 01040 COORDINATION AND DIVISION 1 -'GENERAL REQUIREMENTS SITE CONDITIONS company representative and any other security personnel on-site. 2. Contractor's Responsibilities: a. Where Contractor's operations could cause damage or inconvenience to telephone, television, power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make arrangements necessary for the protection of these utilities and services. 'Replace existing utilities removed or damaged during construction with equal or better materials, unless otherwise provided for in these Contract Documents. b. Notify utility offices that are affected by construction operations at least 48 hours in advance. Under no circumstances expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for the utilities. C. Protect all utility poles from damage. If interfering utility poles will be encountered, notify the utility company at least 48 hours in advance of construction operations to permit necessary arrangements with the utility company for protection or relocation of the interfering poles. d. Contractor shall be solely and directly responsible to owner and operator of such properties for damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of injuries or damage which may result from construction operations under this Contract. e. Neither Owner nor its officers or agents shall be responsible to Contractor for damages as a result of Contractor's failure to protect utilities encountered in the work. f. In event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental damage due to constructionoperations, promptly notify the Owner and/or proper authority. Cooperate with Owner and said authority in restoration as promptly as possible and pay for repair. Prevent interruption of utility service unless granted by the utility owner. 01040 - Page 5 of 12 W0417\0 MESIGN DOCS\SPECS-PHASE 20IVISION 1\01040.DOC July,9,2015 SECTION 01`040 COORDINATION AND DIVISION 1 - GENERAL REQUIREMENTS SITE CONDITIONS g. Drainage culverts at or near right angles to a pipeline, and removed by the Contractor, shall be replaced in kind. h. Any work completed near existing fiberoptic lines must have an inspector from fiber optic company on site. C. Interfering Structures: 1. Take necessary precautions to prevent damage to existing structures whether on the surface, above ground, or underground. An attempt has been made to ;show major structures on the Drawings. While the information has been compiled from the best available sources, its completeness and accuracy cannot be guaranteed.' 2. Protect existing structures from damage, whether or not they lie within limits'of easements obtained by the Owner. Where existing fences, gates, sheds, buildings, or other structures must be removed to properly carry out work, or are damaged during work, restore them to original condition and to the satisfaction of property owner. 3. Contractor may remove and replace in equal or better than original condition, small structures such as fences, mailboxes, and signposts that interfere with Contractor's operations. D. Field Relocation: 1'. During construction, it is expected that minor relocations of proposed facilities will be necessary. Make such relocations only by direction of the Owner or Engineer. If existing structures' are encountered that prevent construction as shown, notify the Engineer before continuing with work' so Engineer may make necessary field revisions. 2. Where shown or directed by and acceptable to the Engineer and Owner, provide relocation of existing facilities to include piping, utilities, equipment, structures, electrical conduit wiring, electrical duct bank, and other miscellaneous items. Use only new materials for relocation of existing facilities. Match materials of existing facilities unless otherwise shown or specified. Perform relocations to minimize downtime of existing facilities. Install new portions of existing facilities in their relocated position prior to removing existing facilities, unless otherwise accepted by Engineer. E. Monuments and Markers: 01040-Page 6 of 12 N:\0417\063\DESIGN DOCS\SPECS-PHASE 20IVISION 1\01040.DOC July 9,2015 SECTION 01040 COORDINATION AND DIVISION 1 -GENERAL REQUIREMENTS SITE CONDITIONS 1. Preserve and protect survey monuments and markers throughout construction. If damage occurs or removal becomes necessary, immediately notify Engineer and restore monument or marker to original condition. 2. Preserve private and public monuments that are found. If monument must be removed, replace at original locations using a registered land surveyor. Notify Engineer when monuments are encountered. If government monuments are encountered, reference the monument for later replacement and provide 10-day advance notification to Engineer who will notify the proper authority. F. Connecting to Existing Facilities: Unless otherwise shown or specified, determine methods of connecting new work to existing facilities, and obtain Engineer's review and acceptance of connections: 1 Determine location, elevation, nature, materials, dimensions, and configurations of existing facilities where necessary for connecting new work. 2 Inspect existing record drawings and shop drawings, conduct exploratory excavations and field inspections, and conduct similar activities as needed. 3. Shutdown of Owner's existing facility prior to connection, if necessary, shall be by Owner as specified hereinafter. G. Erosion and Dust Control On-Site: 1: The Contractor shall be responsible for reducing soil erosion and dust due to wind or water to a level meeting federal, state, and local regulations at the construction site. Control measures that may be required include, but may not be necessarily limited to, the following: a. Suspending excavation during high winds or rain. b. Minimizing land exposure in area and time. C. Covering erodible areas as quickly as possible with gravel landscaping or by compaction. d. Retaining;existing vegetation where possible. e. Prohibiting clearing or grubbing until a firm construction schedule is known. f. Stabilizing construction site soils. 01040- Page 7 of 12 NA0417\063\DESIGN DOCS\SPECS-PHASE 20IVISION 1\01040.DOC July 9,2015 SECTION 01040 COORDINATION AND DIVISION 1 - GENERAL REQUIREMENTS SITE CONDITIONS g. Controlling dust during construction by use of water spray. 2 Also see Section 01560, ENVIRONMENTAL QUALITY CONTROL. 1.05 PROJECT MEETINGS OR REPORTS A. Preconstruction Conference: A preconstruction ' conference will be scheduled with the Contractor and his major Subcontractors. B. Progress Meetings: The Owner may schedule regular progress i meetings approximately every one to two weeks to review work progress, schedules, and other matters needing discussion and resolution. The Contractor's Project Manager, Resident Project Superintendent and representatives of major Subcontractors shall be in attendance. C. Progress Reports: A monthly progress report shall be provided with an updated schedule by the Contractor prior to the submission of the application for progress payment. If the work falls behind 'schedule, Contractor shall submit progress reports at such intervals as the Owner or Engineer may request. Each progress report shall include sufficient narrative to describe current and anticipated delaying factors, their effect on the construction schedule, and proposed corrective actions. Any work reported complete, but which is not readily apparent to the Engineer must be substantiated with satisfactory evidence. D. Purpose of 'Meetings and Reports: The purpose' of the meetings or reports will be to 'review the progress of work, maintain 'coordination of efforts, discuss changes in scheduling, and resolve other problems which develop. At a 'minimum, each meeting must be attended by the Contractor's', Project Manager, Resident Project Superintendent and representatives of major Subcontractors. 1.06 SCHEDULING OF WORK A. Modifications of Existing Facilities: 1. Where existing facilities are to be modified during the 'course of work, ''obtain Owner's and Engineer's review and acceptance of submittals for temporary shutdown and bypass pumping, demolition, modification, corrections between new and existing work, and other related work. Conform to other sections as applicable. 2. "Connections to existing services or utilities, or other work that 01040-Page 8 of 12 W0417\0 WESIGN DOCS\SPECS-PHASE 20VISION 1\01040.DOC July 9,2015 SECTION 01040 COORDINATION AND DIVISION 1 -'GENERAL'REQUIREMENTS SITE CONDITIONS requires the temporary shutdown and/or bypass pumping of any existing operations of utilities shall be planned in detail with appropriate scheduling of the work and coordinated with the Owner and Engineer. The schedule for shutdown or restart shall be given by written advance notice in order that the Owner or Engineer may witness the shutdown, tie-in, and startup. ' 3. All materials and equipment (including emergency equipment) necessary to expedite tie-ins shall be on hand prior to the shutdown of existing services or utilities. 4. Unless otherwise specified or indicated, Contractor shall make necessary connections to existing facilities including manholes, structures, pipelines, and utilities such as gas and electric. In each case, Contractor shall obtain permission from the Owner or the owning utility prior to under taking connections. Contractors shall protect facilities against deleterious substances and damage. 5 Connections to existing facilities which are in service shall be thoroughly planned in advance, and all required equipment, materials and labor shall be on hand at the time of undertaking the connections. All equipment, material and labor that the Contractor plans to have available shall be coordinated with the Owner and Engineer in order to ensure the work is done in the minimum amount of time. B. Notification of Residents, Tenants and Property Owners: The Contractor shall notify residents, tenants and property owners of upcoming construction at least five (5) days but no more than ten (10) days before construction is expected to begin adjacent to their property or in any location that will directly affect the use of their property. This notification shall be made by delivering a written notice to the residents, tenants, or property owners on a form approved by the Owner. The notice form shall include the project name and address of the Contractor, along with a daytime and emergency contact person and phone number for the Contractor's representative and the Engineer's representative. C. Time of Work: 1. No work shall be done between 7:00 p.m. and 7:00 a.m., nor on Saturdays, Sundays or legal holidays, without the written permission of the Owner. However, maintenance or emergency work during these hours may be done without prior permission. If Contractor for convenience should desire to carry on work at night or outside regular working hours (7:00 a.m. — 7:00 p.m.), between 01040 -Page 9 of 12 N:\0417\063\DESIGN DOCS\SPECS-PHASE 20IVISION 1\01040.DOC July,9,2015 SECTION 01`040 COORDINATION AND DIVISION 1 - GENERAL REQUIREMENTS SITE CONDITIONS 7:00 p.m. and 7:00 a.m., submit written notice to the Owner and Engineer and allow ample time for satisfactory arrangements to be made for inspecting work in progress as specified in the Supplementary Conditions. The Engineer will be the sole judge of whether onsite inspection is required. PART 2 PRODUCTS (Not Used)' PART 3 EXECUTION 3.01 CUTTING AND PATCHING A. General: 1 Execute cutting (including excavating), fitting, or patching of work, required to: a. Make the several parts fit properly. b. Uncover work to provide for installation of specified work. C. Remove and replace defective work or work not conforming to requirements of Contract Documents. d. Install specified work in existing construction. 2. Perform the following upon written instruction of Engineer: a. Uncover work to provide for Engineer's 'observation of covered work. b. Remove work to provide for alteration of existing work. 3. Contractor shall not, without written consent of Owner or Engineer: a. Cut or alter work of another contractor. b. Cut structural or reinforcing steel. C. Endanger existing or new structures or facilities. d. Shut down or disrupt existing operations. 01040-Page 10 of 12 N:\0417\0631DESIGN DOCS\SPECS-PHASE 20VISION 1\01040.DOC July 9,2015 SECTION 01040 COORDINATION AND DIVISION 1 - GENERAL REQUIREMENTS SITE CONDITIONS 4. Materials for replacement of work removed shall comply with applicable sections of these Specifications for corresponding type of work to be done. 5. Provide all tools and equipment required to accomplish cutting and patching. B. Inspection and Preparation: 1. inspect existing conditions of work, including elements subject to movement or damage during cutting, patching, excavating, and backfilling. 2 After uncovering work, inspect conditions affecting installation of new products. 3. Prior to cutting, provide safety protection. C. Procedures: 1. Execute fitting and adjustment of products to provide finished installation to comply with specified tolerances and finishes. 2. Execute excavating and backfilling as specified in Section 02221, TRENCH EXCAVATION AND BACKFILL FOR PIPELINES AND APPURTENANT STRUCTURES (see MPWSS). 3. Restore work which has been cut or removed; install new products and provide completed work in accordance with specified requirements. 4. Restore structures and surfaces damaged that are to remain in the completed work including concrete- embedded piping, conduit, and other utilities. 5. Make restorations with new materials and appropriate methods as specified for new work of similar nature; if not specified, use best recommended practice of manufacturer or appropriate trade association. 6.' Restore damaged work so there is a secure and intimate bond or fastening between new and old work. Finish restored surfaces to such planes, shapes, and textures that no transition between new and old work is evident in finished surfaces. 01040-Page 11 of 12 N:\0417\063\DESIGN DOCS\SPECS-PHASE 20IVISION 1\01040.DOC July 9,2015 SECTION 01040 COORDINATION AND DIVISION 1 - GENERAL REQUIREMENTS SITE CONDITIONS END OF SECTION 01040 01040-Page 12 of 12 W0417\06MESIGN DOCS\SPECS-PHASE 2\DIVISION 1\01040.DOC July 9,2015: SECTION 01041 DIVISION 1 - GENERAL REQUIREMENTS PROJECT COORDINATION PART1 GENERAL 1.01 DESCRIPTION: This section describes requirements for coordinating and sequencing the work under the Contract, requirements regarding existing site conditions, and requirements for cutting and patching of new and existing work. 1.02 PRE-CONSTRUCTION CONFERENCE A. After the contract has been awarded, but before the start of construction, a Preconstruction Conference will be held for the purpose of discussing requirements on such matters as project supervision, construction staking, submittals, on-site inspections, progress schedules and reports, payrolls, payments to Contractors, contract Change Orders, insurance, safety, and other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel connected with the project on hand to meet with representatives of the Owner and the Engineer. B. At the Preconstruction Conference, the Contractor shall submit a complete construction schedule showing the weekly schedule of work. The format shall be such that the schedule can be used to show actual progress of the work so that schedule adjustments, if required, can be easily made. The Contractor shall schedule all work under this contract to be completed within the contract time specified in these documents. C. The Contractor's construction schedule will be reviewed in detail at the Preconstruction Conference by representatives of the Owner, Engineer and Contractor. The Contractor shall make, final adjustments, if any, to the construction schedule following the conference and submit the revised construction schedule within seven (7) days to the Engineer for final approval. 1.03 PROJECT MEETINGS OR REPORTS A. Preconstruction Conference: A preconstruction conference will be scheduled after the Notice of Award. B. Progress Meetings: The Owner may schedule regular progress meetings approximately every one to two weeks to review work progress, schedules, and other matters needing discussion and resolution. At a minimum, each meeting must be attended by the Contractor's project manager or field superintendent. B. Progress Reports: A monthly progress report shall be provided with an updated schedule by the Contractor priorto the submission of the application for progress_payment. No progress payments shall be made to the 01041 —Page 1 of 3 NA0417\0630esign pocs\Specs-Phase 20vision 1\01041.doc July,9,2015 SECTION 01041 DIVISION 1 - GENERAL REQUIREMENTS PROJECT COORDINATION Contractor without prior submittal and subsequent review of the associated progress report and updated schedule. If the work falls behind schedule, Contractor shall submit progress reports at such intervals as the Owner or Engineer may request. Each progress report shall include sufficient narrative to describe current and anticipated delaying factors, their effect on the construction schedule, and 'proposed corrective actions to meet the agreed-upon schedule. Any work reported'complete, but which is not readily apparent to the Engineer must be substantiated with satisfactory evidence. 1.04 PROTECTION AND FIELD RELOCATION A. During'construction, it is expected that minor revisions to proposed facility locations will be necessary. Make such relocations only as directed by the Engineer. If existing structures are encountered that prevent construction as shown, or if a conflict between proposed structure locations is encountered, notify the Engineer before continuing with work so Engineer may investigate and make a decision regarding the necessary field revisions. B. Monuments And Markers: Preserve and protect survey monuments and markers throughout construction. If damage occurs or removal becomes necessary, immediately notify Engineer and restore monument or marker to original condition. C. Contractor shall protect existing structures or facilities, including supporting soils, from damage at all times during performance of the work. D. Connecting To Existing Facilities: Unless otherwise shown or specified, determine methods of connecting new work to existing facilities, and to facilities to be constructed under separate contract. Obtain Engineer's review and acceptance of proposed connections before performing the work. 1.05 SEQUENCE OF WORK A. Operation And Shutdown Of Existing Facilities: Schedule and conduct activities to enable existing services and facilities to operate continuously, unless'otherwise specified. If interruption of existing services and/or facilities is necessary, conduct work to minimize such interruptions'outside normal working hours. Avoid undesirable conditions within limits specified in the Supplementary Conditions. B. Modifications To Existing Facilities: Where existing facilities are to be modified during the course of work, obtain Owner, and Engineer's reviews and acceptances of submittals for temporary shutdown, demolition, modification, connections between new and existing work, and other related work. Conform to'other sections as applicable." 01041 —Page 2 of 3 NA0417\0630esign Docs\Specs-Phase 20vision 1\01041.doc July 9,2015 SECTION 01041 DIVISION 1 -'GENERAL REQUIREMENTS PROJECT COORDINATION 1. Connections to existing facilities or utilities, or otherwork that requires the temporary shutdown of any existing operations of utilities shall be planned in detail with appropriate scheduling of the work and coordinated with Owner and Engineer. The schedule for shutdown or restart shall be given by written advance notice in order that the Owner or Engineer may witness the shutdown, tie-in, and startup. 2. The City of Bozeman Water Department personnel shall operate all existing water valves. At no time is the Contractor to operate any existing facility valves. The Contractor shall be solely responsible for operation and maintenance of the temporary bypass piping and adjusting flows as requested by the City. 3. Connections to existing facilities, which are in service, shall be thoroughly planned in advance and all required equipment(including emergency equipment), materials, and labor shall be on hand at the 'time of undertaking the connections. Work shall proceed continuously, around the clock if necessary, to complete connections in the minimum time. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) PART 4 MEASUREMENT AND PAYMENT (Not Used) END OF SECTION 01041 01041 —Page 3 of 3 N:\0417\063\Design Docs\Specs-Phase 2\Division 1\01041.doc July 9,2015 SECTION 01050 DIVISION 1 —GENERAL REQUIREMENTS FIELD ENGINEERING/SURVEY PART1 GENERAL 1.01 SECTION INCLUDES A. Quality Control B. Submittals C.` Examination D. Survey Reference Points E. Engineer- Surveys/Staking F. Contractor- Surveys/Staking G. Engineering Forms Concrete Pour Checklist Form Request for Staking Form H. Project Record Documents 1.02 QUALITY CONTROL A. Employ a Land Surveyor registered in the State of Montana, an experienced party chief or an engineering technician versed in construction layout and construction staking. Person employed must be suitable for the work proposed. 1.03 SUBMITTALS A. If requested by Owner or Engineer, provide 1 copy of survey notes to the Engineer within 24 hours of staking. Submit in accordance with Section 01300. 1.04 EXAMINATION A. Verify locations of survey control points prior to starting work. B. Promptly notify Engineer of any discrepancies discovered. 1.05 SURVEY REFERENCE POINTS A. Contractor to locate and protect survey control and reference points. B. Protect survey control points prior to starting site work; preserve permanent reference points during construction. C. Promptly report to Engineer the loss or destruction of any reference point or relocation required because of changes in grades or other reasons. Section 01050 Page 1 of 3 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01050.doc 7/9/15 SECTION 01050 DIVISION 1 —GENERAL REQUIREMENTS FIELD ENGINEERING/SURVEY D. Replace dislocated survey control points based on original survey control. Make no changes without prior written notice to Engineer. 1.06 ENGINEER SURVEYS/STAKING The Engineer will provide the construction control stakes and bench marks for the Contractor as follows: 1. Bench marks and construction control stakes as shown on the plan drawings. 2. Control line'alignment stakes at a minimum interval of 100 feet. 3. Location stakes for all appurtenances. 1.07 CONTRACTOR SURVEYS/STAKING The Contractor shall provide all other project surveying(needs not identified above. 1. The Contractor must give and advance request of the staking needs, in writing, by completing and submitting] the "Request for Staking" form that is included in this Project Manual. Absolutely no "second time"or"restaking"work will be done by the Engineer unless separate compensation for the Engineer's costs are paid directly by the Contractor. The Engineer shall submit notification of"restaking work" and cost estimates for the Contractor's review and agreement prior to starting the "restaking work". 2 Protecting and using the grade stakes that have been set by the Engineer, and the making of all construction shots for the installation of the work. 3. The Contractor shall make all other surveys necessary for construction that is not identified elsewhere in this Project Manual. 1.10 ENGINEERING FORMS The following;forms can be found at the end of this Section. Request for Staking Concrete Pour Checklist Form" Section 01050 Page 2 of 311 NA0417\063\Design Docs\Specs-Phase 20vision 1\01050.doc 7/9/15 SECTION 01050 DIVISION 1 - GENERAL REQUIREMENTS FIELD ENGINEERING/SURVEY The Contractor shall complete and submit the appropriate forms to the Engineer during the course of the work. 1.11 PROJECT RECORD DOCUMENTS A Contractor to maintain a complete and accurate log of control and survey work as it progresses. B. Contractor to submit Record Documents under provisions of Section 01700. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 01050 Section 01050 Page 3 of 3 N:\0417\063\Design Docs\Specs-Phase 201vision 1\01050.doc 7/9/15 CONCRETE POUR CHECKLIST FORM Form Requirements: 1 Contractor to complete this form in triplicate for each concrete pour. No concrete shall be poured without a completed AConcrete Pour Checklist Form@. 2 Following Contractor=s completion of pour preparation, this form to be filled out where applicable by Contractor and issued to Engineer a minimum of 24-hours prior to time of desired pour. 3 Engineer to complete his inspection and return 1 copy to Contractor within 24 hours of the time of receipt. 4 Concrete ordered prior to approval of the Engineer=s inspection of the work shall be at the Contractor=s risk. Project: Contractor: Concrete Sub-Contractor: Concrete Supplier: Concrete Mix: Received by Engineer: / (Time/Day) (Engineer=s Signature) Pour Description: Volume of Pour: CY Time of Desired Pour: Date: Hour: Pour Checklist Contractor Engineer Comments (Initial when complete) (Initial when approved) Subgrade: Compaction Gravel Forms: Dimensions ` Grade Rebar/Mesh Imbeds Pre-formed Joint Filler Other: (specify) Blankets Required (Yes/No) Curing Compounds (Yes/No) Signature that pour is ready for inspection: (Contractor) Authorization for pour: / (Time/Day) (Engineer=s Signature) N:10417=31DESIGN DOCSISPECS-PHASE 21DIVISION 11CONCRETE.DOC March 15,1999 rn c W Z w N 4) Q Q O'er. w F w d a Cl) 0 `s m W 4= E 4) Q 4) p d0 wLU ay p08L o ¢ � W Q cw o E p 0 M ` c C' J W O�0., 0 w z > U p 0- W 4) w rn z p c 0 W ! CL O Cl) U J OW d m a Q a V 0.Ors+ U Q d d-'� A W r u Cv0- U csswL twnz ` O LU w d 0wNao ` ,a LLF �_ 40 G> 4) Q w L t . c N O Q Q Z 47O'� U) U. .oas me p p O �,. 00 � w N v v Q d H N r+= w 3 dE CQZ9 mtto - ' >E m" r �z _ pI- p Q 0m mu NW � LL ., 0 � o 0 0 LU s 2F cn cr'a p coWOO 4� O a! w o 1- = Q 0 W U t v O � r " w � 'N W h cyoo`4°i0uw0 vv _ Cl)� t'JUU Lv- 0 Z a W W W w rL Y u CO O O _ W �rui N W M co Z leU. m ae U O U W U O � p > � �= m wF. w Z LL 1= LLaa .nF a CV = C9 -i W z `1as W aw 2 wa w H a y w 00l m (L < p uj W O 0 IL Z z Z CL W O w ~ 0r W O o zN O w M) m -> U) U O W a. n w Z Z x Z W O C7 a W LU Z fn w Q C7 N O 0 O QCL Z z w Z a. 08 NY¢ d m W o ui Z rya W m Cl) OF V O Fy- 2 U UJ F- N ~ W O �' Z W o� W U W 0. m W �- W Z oN Z Z-V, z O w d V lA W O Z w 0 Z W W O = J O (� U LU M z 2 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS PART1 GENERAL 1.01 SECTION INCLUDES A. Submittal procedures. B. Construction progress schedules. C. Proposed products list. D. Shop drawings. E. Samples and Test Specimens F. Quality Control Submittals J. Manufacturers' instructions. K. Manufacturers' certificates. L. Record Drawings 1.02 RELATED SECTIONS A. Section 01040, COORDINATION AND SITE CONDITIONS regarding submittal of a Construction Sequencing and Bypass Plan. B. Section01400, QUALITY CONTROL AND OWNER QUALITY ASSURANCE regarding Manufacturers' field services and reports. C. Section 01600, MATERIAL AND EQUIPMENT regarding substitutions. D. Section 01700, CONTRACT CLOSEOUT regarding contract closeout submittals. 1.03 SUBMITTAL PROCEDURES A. Submittal Register: The Contractor shall submit to the Engineer a register indicating the required submittal data and his proposed submittal dates for all equipment and materials for which a submittal is required. The register shall be submitted to the Engineer by the Contractor within fifteen (15) working days after the date of the Notice of Award. 01300 - Page 1 of 13 NA0417\0630esign Docs\Specs-Phase 20vision 1\01300.doc July 9,2015 SECTION 01300 DIVISION 1 -GENERAL REQUIREMENTS SUBMITTALS B. General Procedures: 1'. Procedures and requirements for submittals are specified herein. Owner reserves the right to modify the procedures and requirements for submittals, as necessary to accomplish the specific purpose of each submittal. Direct inquiries to Engineer regarding the procedure, purpose, or extent of any submittal. 2 Review, acceptance, or approval of substitutions, schedules, shop drawings, lists of materials, and procedures submitted or requested by Contractor shall not add to the Contract amount, and additional costs which' may i result therefrom shall be solely the obligation of Contractor. 3. Owner is not precluded, by virtue of;review, acceptance, or approval, from obtaining a credit for construction savings resulting from allowed concessions in the work or materials therefore. 4. Owner is not responsible to provide engineering or other services to protect Contractor from additional costs accruing from submittals. 5. Submittals processed by Engineer do not become Contract Documents and are not Change Orders; the purpose of submittal review is to establish a reporting procedure and is intended for Contractor's convenience in organizing the work and to permit Engineer to monitor Contractor's progress and understanding of the design. 6. Submittals will be acted on.by the Engineer as;promptly as possible and returned to the Contractor not later than the time allowed for review in Paragraph SPECIFIC SUBMITTAL_ PROCEDURES. Delays caused by the need for resubmittal shall not constitute basis for claim or for an extension of contract time. 7. After checking and verifying all field measurements, make submittals to Engineer, in accordance with the submittal register for review. a. Contractor Approval: All drawings, equipment, materials, and other submitted data shall be carefully reviewed by an authorized representative of the Contractor priorto submission to the Engineer. Each submittal shall be dated, signed, and certified by the Contractor, as being correct and in strict conformance with the Contract Documents. No consideration for review by the Engineer of any Contractor submittals will be made for any items which have not been so certified by the Contractor. All non-certified submittals will be returned to the Contractor without action taken by the Engineer, and any 01300-Page 2 of 13 NA0417\063\Design bocs\Specs-Phase 20vision 1\01300.doc July 9,2015 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS delays caused thereby shall be the total responsibility of the Contractor. b. Data shown shall be complete with respect to quantities, dimensions, specified performance and redesign criteria, materials, and similar data to enable Engineer to review the information. C. Submitted data shall be fully sufficient in detail for determination of compliance with the Contract Documents. 8 Before submission of each submittal, determine and verify quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar data with respect thereto; review and coordinate each submittal with other submittals, requirements of the work, and Contract Documents. 9. At the time of each submission, give Engineer specific written notice of each variation that the submittal may have from the requirements of the Contract Documents; in addition, make specific notation on each shop drawing submitted to Engineer for review and approval of each such variation. 10. Engineer's review will be only for conformance with the design concept of the project and for compliance with the information given in the Contract Documents, not extending to means, methods, techniques, sequences, or procedures of construction (except where a specific means, method, technique, sequence, or procedure of construction is indicated in or required by the Contract Documents) nor to safety precautions or programs incident thereto. The review of a separate item as such will not indicate review of the assembly in which the item functions. 11. Engineer's review of submittals shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has in writing called Engineer's attention to, each such variation at the time of submission, and Engineer has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the shop drawing or sample approval; nor will any approval by Engineer relieve Contractor from responsibility for errors or omissions in the shop drawings or from responsibility for having complied with the provisions therein. 12. Where a shop drawing or sample is required by the Specifications, related work performed prior to Engineer's review and approval of the 01300 - Page 3 of 13 NA0417\063\Design Docs\Specs Phase 20vision 1\01300.doc July 9,2016 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS pertinent submission shall be the sole expense and responsibility of Contractor. 13. Should the Contractor propose any item on his shop drawings, or incorporate an item into the work, and that item should subsequently prove to be defective or otherwise unsatisfactory, (regardless of the Engineer's preliminary review), the Contractor shall, at his own expense, replace the item with another item that will perform satisfactorily. 14. Review of first submittal and one resubmittal will be performed by the Engineer at no cost to the Contractor. Subsequent submittals will be reviewed by the Engineer; however, the Engineer will document the work-hours and other expenses required for such review(s) and;the Contractor shall reimburse the Owner for the charges of the Engineer with a'deduction from the Contractor's monthly pay estimate. C. SPECIFIC SUBMITTAL PROCEDURES 1 Submit the number of copies the Contractor requires, including all product data sheets, plus four (4) additional complete sets to be retained by the Engineer. 2 Combine submittals specified in each Specification section into a single package. Partial packages will not be reviewed until all submittals required for the section have been received. These shop drawings shall be accurate, distinct, and complete, and shall contain all required information,'' including satisfactory identification of items, units, and assemblies in relation to the Contract Drawings and Specifications. 3. Transmit each submittal with an Engineer accepted form. 4 Sequentially number the transmittal forms. Resubmittals to have original number with an alphabetic suffix. 5 Identify project, Contractor, subcontractor or supplier; pertinent Drawing sheet and detail number(s), and Specification section number, as appropriate. 6. Apply 'Contractor's stamp, signed or initialed certifying that review, 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. 01300-Page 4 of 13 N:\0417\063\Design Docs\Specs-Phase 20vislon 1\01300.doc July 9,2015 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS 7. Schedule submittals to expedite the project, and deliver to Morrison- Maierle, Inc. 2880 Technology Blvd. West, P.O. Box 1113, Bozeman, Montana, 59771. Coordinate submission of related items. 8. Identify variations from Contract Documents and product or system limitations which may be detrimental to successful performance of the completed work. 9. Provide space for Contractor and Engineer review stamps. 10. Revise and resubmit submittals as required, identify all changes made since'previous submittal. 11. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 12. Submittals will be acted upon by Engineer and transmitted to Contractor not later than 20 regular working days after receipt by Engineer. Shop drawings shall be submitted in sufficient time to allow the Engineer not less than 20 regular working days for examining the shop drawings. 13. It is intended that the Engineer will, upon review, mark the shop drawings as appropriate. When shop drawings have been reviewed by the Engineer, copies will be returned to the Contractor appropriately annotated. a. If major changes or corrections are necessary, the shop drawings may be rejected with such changes or corrections indicated. The Engineer will retain two copies and the remaining copies will be returned to the Contractor. Correct and resubmit the shop drawings in the same manner and quantity as specified for the original submittal, unless otherwise directed by the Engineer. If changes are made by the Contractor(in addition to those requested by the Engineer)on the resubmitted shop drawings, such changes shall be clearly explained in a transmittal letter accompanying the resubmitted shop drawings. b. Upon approval, or approval with required corrections noted, one annotated copy will be retained for the Owner and one copy will be kept by the Engineer. The remaining annotated copies provided will be given to the Contractor. 01300 - Page 5 of 13 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01300.doc July 9,2015 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS 1.04 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate within 15 days after date of Owner's Notice of Award for the Engineer's review. B. Submit revised schedules with each Application for Payment, identifying changes since previous version. C. Submit''a chart with separate line for each major section of work or operation, identifying first work day of each week. D. Show complete sequence of construction by activity, identifying work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration. E. Indicate estimated percentage of completion for each item of work at each submission. F. Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates. 1.05 PROPOSED PRODUCTS LIST A. Within 15 days after date of Owners Notice of Award, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. For products'specified only by reference standards, give manufacturer,trade name, model or catalog designation, and reference standards. C. Should the Contractor elect to substitute a proposed equivalent material to an "or 'approved equal specification, the Contractor shall submit to the Engineer adequate documentation allowing the Engineer to determine the equivalency of the material. 1.06 SHOP DRAWINGS A. General: 1' The Contractor shall submit shop drawings, equipment and materials data as required in the Technical Provisions of these specifications concerning the specific item as soon as practical. The Contractor may proceed, only at his own risk, with manufacture or installation of any equipment or work covered by said drawings, etc. until they are approved, and no claim, by the Contractor, for extension of the contract time will be granted by reason of his failure in this respect. 01300-Page 6 of 13 NA0417\063\Design Docs\Specs-Phase 20vision 1\01300.doc July 9,2015 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS 2. Shop drawings, as defined herein, consist of all drawings, diagrams, illustrations,schedules, and other data which are specifically prepared by or for Contractor to illustrate some portion of the work; and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a manufacturer and submitted by Contractor to illustrate material or equipment for distinct portions of the work. 3 Submittal of incomplete or unchecked shop drawings will not be acceptable. Shop drawing submittals which do not clearly show Contractor's review stamp or specific written indication of Contractor review will be returned to Contractor for resubmission. 4 Submittal of shop drawings not required under these Contract Documents and not shown on the Submittal Register will be returned to the Contractor unreviewed and unstamped by the Engineer. B. Shop Drawing Contents: 1 Shop drawings referred to herein shall include shop drawings and other submittals for both shop and field-fabricated items. In addition, the Contractor shall submit, as applicable, the following for all prefabricated or `manufactured structural, mechanical, electrical, plumbing, process systems, and equipment: a. Shop drawings or equipment drawings, including dimensions, size and location of connections to other work, and weight of equipment. b. Catalog information and cuts. C. Installation or placing drawings for equipment, drives, and bases. d. Supporting calculations for equipment and associated supports specified to be designed by equipment manufacturers or suppliers. e. Wiring and 'control diagrams of systems and equipment. f. Complete 'manufacturer's specifications, including materials description and paint system. g. List of special motor features being provided (i.e. space heater, altitude corrections, thermal protectors, etc.). h. Performance data and pump or mixer performance curves. 01300- Page 7 of 13 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01300.doc July 9,2015 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS i. Complete motor rating for all motors 15 horse-power and larger, including motor no-load,starting, and full-load current at rated` voltage; full-load speed and current at 110 percent voltage; motor efficiency and power factor at 1/2, 3/4, and full- load at rated voltage. j. Suggested spare parts list with current price information. k. List of special tools required for checking, testing, parts replacement, and maintenance (special tools are those which have been specially designed or adapted for use on parts of the equipment, and which are not customarily and routinely carried by maintenance mechanics). I. List of special tools furnished with the equipment. M. List of materials and supplies required for the equipment prior to, and during startup. n. List of materials and supplies furnished with the equipment. o. Samples of finish colors for selection. P. Special handling'instructions. q. Requirements for storage and protection prior to installation. r. Requirements for routine 'maintenance required; prior to startup. S. List of all requested exceptions to the Contract Documents. C. Seismic Design: Machinery, equipment, and components such as tanks, piping, and electrical panels, including their supports and anchorages, designed by manufacturers or suppliers, shall be designed in accordance with the provisions of the latest edition of the Uniform Building Code to withstand seismic loads in addition to other loads. Design' shall be performed by an appropriately licensed professional engineer familiar with seismic design. Submittals shall be certified, by the Design Engineer, that designs are in conformance with Uniform Building Code Requirements'. D. Interfacing Work: Where called for in the Specifications, and as determined necessary by Engineer to provide proper correlation with other work, complete interface information'shall be submitted.This interface information shall be accurate and contain all information necessary to allow i for manufacturing and construction of the interfacing or connection work. 01300-Page 8 of 13 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01300.doc July 9,2015 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS 1.07 SAMPLES AND TEST SPECIMENS A. Where required in the Specifications, and as determined necessary by Engineer, submit test specimens or samples of materials, appliances, and fittings to be used or offered for use in connection with the work. Include information as to their sources, prepay cartage charges, and submit such quantities and sizes for proper examination and tests to establish the quality or equality thereof, as applicable. B. Submit samples and test specimens in ample time to enable Engineer to make tests or examinations necessary, without delay to the work. C. Submit additional samplesas required by Engineer to ensure equality with the original approved sample and/or for determination of Specification compliance. D. Laboratory tests and examinations that Owner elects to make in its own laboratory will be made_ at Owner's cost except that if a sample of any material or equipment proposed for use by Contractor fails to meet the Specifications, Contractor shall bear cost of testing subsequent samples. E. Test required by the specifications to be performed by an independent laboratory shall be made by a laboratory licensed or certified in accordance with state statutes. 1. See Section 01400, QUALITY CONTROL AND OWNER QUALITY ASSURANCE for requirements. 2. Submit certified test results of specified tests in duplicate to Engineer. F. Samples and laboratory services shall be at the expense of Contractor and included in the prices bid for the associated work. G. Approved sample items (fixtures, hardware, etc) may be incorporated into the work upon approval and when no longer needed by Engineer for reference. 1.08 QUALITY CONTROL SUBMITTALS A. Manufacturers' Certification of Proper Installation: Where manufacturer's certification is required in the Specifications, the manufacturer shall provide certification stating the following: 1. The product or system has been installed in accordance with the manufacturer's recommendations. 01300- Page 9 of 13 NA0417\0630esign Docs\Specs-Phase 20vision 1\01300.doc July 9,2015 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS 2. The product or system has been inspected by a manufacturer's authorized representative. 3 Applicable safety equipment has been properly installed. 4 Proper electrical and mechanical connections have been made. 5 The product or system has been serviced with the proper lubricants. 6. Proper adjustments have been made and the product or system is ready for functional testing, startup, and operation. B. Certification of Compliance: 1 Where specified, furnish certification of compliance for products specified to a recognized standard or code prior to the use of such products in the work. a. Engineer may permit use of certain materials or assemblies prior to sampling,and testing if accompanied by a certification of compliance. b. Certifications shall be signed by the 'manufacturer of the product; state that the components involved comply in all respects with the requirements of the Specifications. C. Furnish certification of compliance with each lot delivered to the jobsite and clearly identify the lot so certified. 2. Products used on the basis of a certification of compliance may be sampled and tested at any time. The fact that a product is used on the basis of a certification of compliance shall not relieve Contractor of responsibility for incorporating products in the work which conforms to requirements of the Contract Documents. Products not conforming to such requirements will be subject to rejection whether in-place or not. 3. Engineer reserves the right to refuse permission for use of products on the basis of a lack of a certification of compliance. C. Functional Test Certification: Where a certification of functional testing is specified for certain facilities or equipment, Contractor(as applicable to the facilities or equipment furnished) shall state in writing that: 1. Necessary hydraulic structures, piping systems, valves, and similar facilities have been successfully tested. 01300-Page 10 of 13 N:\0417\063\Designbocs\Specs-Phase 20vision 1\01300.doc July 9,2015- SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS 2. Necessary equipment systems and subsystems have been checked for proper installation, started, and successfully tested to indicate they are operational. 3. Adjustments and calibrations have been made. 4. The systems and subsystems are capable of performing their intended functions. 5. The facilities are ready for performance testing, or for startup and intended operation, as applicable. 6 The manufacturer has reviewed and acknowledged this certification. Where several manufacturers have furnished equipment in a system, obtain each manufacturer's review and acknowledgment of its respective equipment as part of a functional test for the overall system. D. Performance Test Reports: Prepare and submit performance test reports where specified for equipment and systems. 1.09 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, adjusting, and finishing, in quantities specified for product data. B. ` Identify conflicts between manufacturers' instructions and Contract Documents. 1.10 MANUFACTURER'S CERTIFICATES A. When specified in individual specification Sections, submit manufacturers' certificate to the Engineer for review. B. Indicate that the material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on the material or product, but must be acceptable to Engineer. 1.11 RECORD DRAWINGS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 01300- Page 11 of 13 NA0417\0630esign Docs\Specs-Phase 20vision 1\01300.doc July 9,2015 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS 1. Contract Drawings. 2 Specifications 3. Addenda. 4. Change Orders and Other Modifications to the Contract. 5 Reviewed Shop Drawings, Product Data, and Samples. B. A"Record Set of Drawings" shall show all field changes, as built elevations, service locations (size and type), crossing details of all existing utility lines, unusual conditions encountered during construction, the manufacturer and manufacturer's catalog number of equipment supplied, and all such other data as required to provide the Owner with an accurate"as constructed" set of Record Drawings. C. Record Documents and Shop drawings: Legibly mark each item to record actual construction including: 1 Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 3. Field changes of dimension and detail. 4. Details not on original Contract Drawings;. D. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1'. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications. E. Contractor to furnish the "Record Set" to the Engineer at the completion of the project. F. Delete Engineer title block from all documents. G. Contractor's final payment estimate and final payment will not be processed until such time as the "Record Set' of drawings has been received and approved by the Engineer. 01300-Page 12 of 13 NA0417\063\1DesignDocs\Specs-Phase 20vision 1\01300.doc July 9,2015 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01300 01300 - Page 13 of 13 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01300.doc July 9,2015 SECTION 01400 CONTRACTOR QUALITY CONTROL DIVISION 1 - GENERAL REQUIREMENTS AND OWNER QUALITY ASSURANCE PART1 GENERAL 1.01 SECTION INCLUDES A. Related Sections B. Quality Assurance/Control of Installation C. Substitutions D. Inspections and Testing Laboratory Services E. Engineering Services, Materials and Control Testing 1.02 RELATED SECTIONS A. Section 1300, SUBMITTALS, Submission of Manufacturers' Instructions and Certificates 1.03 REFERENCE STANDARDS A. Should specified reference standards conflict with the Contract Documents, request clarification from the Engineer before proceeding. B. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference in any reference document. 1.03 QUALITY ASSURANCE/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 all specified standards and requirements in this Project Manual as a minimum quality for the work. C. Obtain copy of and comply fully with manufacturers' instructions, including each step in installation or construction sequence. Should the manufacturers' instructions conflict with the Contract Documents, request a clarification from the Engineer before proceeding. D. Perform work using persons qualified to produce workmanship of specified quality. 01400—Page 1 of 7 NA0417\0630esign Docs\Specs-Phase 20vision 1\01400.doc July 9,2015 SECTION 01400 CONTRACTOR QUALITY CONTROL DIVISION 1 — GENERAL REQUIREMENTS AND OWNER QUALITY ASSURANCE 1.04 SUBSTITUTIONS A. Where the phrase "...or equal," "...or Engineer-approved equal," or similar wording is encountered in the Contract Documents,' do not assume that the materials, equipment or methods will be accepted as equal unless the item has been specifically so approved for this work by the Engineer. B. Substitute or alternate manufacturers, fabricators, installers, materials and methods proposed by the Contractor shall in all ways equal or exceed the requirements of the Contract Documents, as determined by the Engineer. C. If unforeseen circumstances occur that cause the Contractor to change suppliers, materials or methods after the bid is submitted, the Engineer will record all time and materials used by the Engineer and the Engineer's consultants in evaluating the proposed substitutions. D. If the Contractor can demonstrate to the satisfaction of the Engineer that a specified material or method was ordered in a timely manner and will not be available in time to 'meet specified completion dates, the Contractor shall submit ,the required information on the proposed substitution to the Engineer for approval. However, the Contractor is ultimately responsible for meeting the specified completion dates, and is fully responsible for any delays caused by late deliveries of the required equipment, materials or personnel. 1.05 INSPECTION AND TESTING LABORATORY SERVICES A. The Owner shall appoint, employ, and pay for services of an Engineer to perform inspection and testing as specified hereafter. The Engineer'will perform inspections, tests, and other services as specified in the Contract Documents. B. The Contractor shall notify the Engineer 24 hours prior to expected time for operations requiring services. C. The Contractor shall cooperate with the Engineer by furnishing the design mix and samples of materials, and by providing equipment, tools, storage and assistance as requested. D. The Contractor shall make arrangements with an independent firm and pay for additional samples and tests required for Contractor's use. E. Re-testing required because of non-conformance to specified requirements shall be performed by the Engineer. Payment for re-testing 01400—Page 2 of 7 NA0417\0630esign Docs\Specs-Phase 20vision 1\01400.doc July 9,2015 SECTION 01400 CONTRACTOR QUALITY CONTROL DIVISION 1 — GENERAL REQUIREMENTS AND OWNER QUALITY ASSURANCE will be charged to the Contractor by deducting the inspection or testing charges from his Progress Payment. 1.06 ENGINEERING SERVICES, MATERIALS AND CONTROL TESTING A. The following documentation is required on all projects, as applicable, to be approved,by the City of Bozeman Engineering Division: 1 Dates of acceptable tests for water mains, which shall include hydrostatic and leakage testing and bacteriological testing. These tests shall be conducted by the Contractor in the presence of the Engineer. The written test results shall be provided to the Engineer prior to acceptance of the water main. 2. Elevations shall also be recorded and provided for the top of water main at 50' intervals. The Contractor shall cooperate with the Engineer to document these elevations, including providing the equipment necessary to document and establish the elevations. The Engineer will have a representative on-site to record the data as the pipe is being installed. The Contractor shall provide safe access to the Engineer for these inspections and cooperate with the Engineer to ensure that adequate documentation is obtained. 3. Verification that all thrust blocking is installed in accordance with the approved plans and specifications. The Contractor shall provide safe access to the Engineer for these inspections and cooperate with the Engineer to ensure adequate documentation is obtained. 4 Theoretical maximum density, optimum moisture content, and sieve analysis for the sub-base course, crushed base course, pit run, and native backfill and subgrade material within the right-of way. The Contractor shall provide safe access to the Engineer to obtain samples of these materials and cooperate with the Engineer to ensure that adequate documentation is obtained. 5 Documentation of in-place field density test for trench backfill and embankments in roadways at intervals of 50 feet. Tests for roadways shall be provided for subgrade, sub-base course and/or pit run, and crushed base course;materials. The Engineer shall provide personnel and; equipment for the testing. The Contractor shall provide safe access and cooperate with the Engineer to ensure adequate documentation is obtained. 6. The Engineer shall furnish Portland cement concrete tests for all structural concrete to be incorporated into the improvements. One test 01400—Page 3 of 7 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01400.doc July 9,2015 SECTION 01400 CONTRACTOR QUALITY CONTROL DIVISION 1 — GENERAL REQUIREMENTS AND OWNER QUALITY ASSURANCE shall be required for every 50 cubic yards of concrete placed with a minimum of one set of tests per days placement for each type and use of concrete. The Contractor shall provide safe access for the Engineer to obtain the samples and cooperate with the Engineer to ensure adequate documentation is obtained. B. The following materials and control tests may be made by the Engineer to determine the Contractor's compliance with the specifications: 1 Gradation, liquid limit and 'plasticity index tests of subbase, base and surfacing aggregates. Tests of subbase and base course materials shall be made from material in-place. Tests of plant mix aggregates shall be made from samples obtained from the hot bins of the hot plant. Tests of concrete aggregates shall be 'made from samples obtained at the mixer site. 2. Moisture/density tests for native soil backfill, imported soil backfill, imported bedding, and aggregate base and sub-base courses and in-place density tests of subgrade, backfill, subbase, base and asphalt paving courses. 3. Stripping tests, volume swell tests, fracture tests, wear tests and soundness tests shall be made prior to or during the Contractor's crushing operations. 4. Gradation and fracture tests for bedding, cobbles, and riprap. ' 5`. Concrete;cylinder and beam test. 6. Marshall Field Stability tests and graded extractions of the hot plant mix asphalt concrete'paving courses. 7. Periodic tests of the Contractor's production operations of aggregate may be made for the purpose of verifying the Contractor's control and testing of his aggregate production. Such testing does not relieve the Contractor of his responsibility to produce material i that will meet specification requirements, and he will be required to make such additional tests at his expense as required to produce aggregate meeting the specification requirements. 8. Laboratory analysis of asphalt materials. The periodic tests' made by the Engineer of the Contractor's production may serve as the basis for rejecting a stockpile as unacceptable.' 01400—Page 4 of 7 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01400.doc July 9,2015 SECTION 01400 CONTRACTOR QUALITY CONTROL DIVISION 1 — GENERAL REQUIREMENTS AND OWNER QUALITY ASSURANCE C. The following tests shall be made and paid for by the Contactor to determine the Contractor's compliance with the specifications: 1. Any tests the Contractor requires to control his crushing, screening or other construction operations. 2. Additional material moisture-density curves, sieve analyses and plasticity ;index required if Contractor's supplied materials, sources or suppliers'change. 3. Asphalt cement pavement and Portland Cement concrete mix designs. Recent (within 1 year) asphalt and concrete mix designs from representative sites that the Contractor has on file will be acceptable. 4. Pressure and leakage tests of pipelines and wastewater sewers including cleaning, flushing and T.V. inspection where required in the Contract Documents. 5 Equipment performance and/or functional tests. 6' Concrete water holding structure leakage tests. 7. Test failures. D. Acceptance and rejection of materials will generally be determined from tests made of the various courses complete and in-place in the field. While the Engineer may, during the course of construction, make tests at the source or point of production, it is the responsibility of the Contractor to conduct, control, and test his production operations in such a manner that the material produced will meet the specification requirements. E. For all testing conducted by the,Engineer or his assigns, the Contractor shall provide necessary trench safety protection measures, where applicable. Any Contractor's costs associated with any of this work shall be considered incidental to the work PART 2 PRODUCTS (Not Used) 01400 Page 5 of 7 N:\0417\0MDesign Docs\Specs-Phase 20vision 1\01400.doc July 9,2015 SECTION 01400 CONTRACTOR QUALITY CONTROL DIVISION 1 — GENERAL REQUIREMENTS AND OWNER QUALITY ASSURANCE PART 3 EXECUTION 3.01 MINIMUM TESTING REQUIREMENTS A. Minimum quality control testing requirements for this project are summarized below: 1 Pipeline Leakage/Pressure Testing: All new pipes. 2. Television Inspection: None. 3. Sluice and 'Canal Gates: Leakage testing according to Section 11080, EQUIPMENT AND SPECIALTIES. 4. Subgrade Soil Compaction: At least one field density test for each 1000 square feet of subgrade prior to placing fill. 5. In-Place Soil Backfill Density Tests: At least one field test per each compacted backfill layer per 1,500 square feet of area. 6. Concrete Strength Cylinder Tests: As specified in Section 03300, CONCRETE. 7. One moisture-density curve for each type material used, as indicated by sieve analysis and plasticity index. 8. Field density and moisture test may be determined by current ASTM nuclear methods. 3.02 CLEANING DURING CONSTRUCTION A. During execution of work, clean site and public properties and dispose of waste materials, debris, and rubbish to assure that buildings, grounds, roads, and public properties are maintained free from accumulations of waste`materials. B. Wet-down dry materials and rubbish to prevent blowing dust. C. Provide approved containers for collection and 'disposal of waste material, debris, and rubbish. D. Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials from exposed and partially exposed surfaces. 01400—Page 6 of 7 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01400.doe July 9,2015 SECTION 01400 CONTRACTOR QUALITY CONTROL DIVISION 1 -GENERAL REQUIREMENTS AND OWNER QUALITY ASSURANCE E. Repair, patch, and touch up marred surfaces to specified finish and to match adjacent surfaces. F. Vacuum clean interior building areas when ready to receive finish painting, and continue vacuum cleaning as needed until building is ready for substantial completion or occupancy. G. Vacuum clean all interior spaces, including inside cabinets. Broom clean paved surfaces and rake clean other surfaces of grounds. H. Handle materials in a controlled manner with as few handlings as possible; do not drop or throw materials from heights. I. Schedule cleaning operations so that dust and other contaminants resulting from cleaning process will not fall on wet, newly painted surfaces. J. Use only cleaning materials recommended by manufacturer of surfaces to be cleaned. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 4 MEASUREMENT AND PAYMENT (Not Used) END OF SECTION 01400 01400— Page 7 of 7 NA0417\063\1Design Docs\Specs-Phase 20vision 1\01400.doc July 9,2015 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 - GENERAL REQUIREMENTS AND TEMPORARY CONTROLS PART 1 GENERAL 1.01 SECTION INCLUDES A. Temporary utilities required during construction. B. Temporary construction facilities, including access roads, field offices, and storage facilities. C. Requirements for security and protection of facilities and property. D. Requirements for traffic regulation and access to the work. 1.02 RELATED WORK SPECIFIED UNDER OTHER SECTIONS A. See Section 01560, ENVIRONMENTAL QUALITY CONTROL fortemporary controls for protection of the environment during construction. B. See Section 01570, CONSTRUCTION TRAFFIC CONTROL for any temporary traffic control needed. 1.03 MOBILIZATION A. Use area designated for Contractor's temporary facilities as shown as the staging area on Drawings. Arrange and pay for additional area if needed for construction operations, as acceptable to Owner, Engineer, and adjacent property owners. B. Notify Owner of obstructions not shown or not readily apparent by visual inspection of the staging area. If such obstructions adversely affect Contractor's operations,proper adjustment to Contract will be considered. Do not remove obstructions without Owner's prior consent. 1.04 TEMPORARY UTILITIES: A. i Costs After Substantial Completion: Upon acceptance of the work or a portion of the work defined and certified as substantially complete by Engineer, and Owner commences full-time successful operation of the facility or portion thereof, the Owner will bear the cost for utilities used for Owner's operation. B. Electric Power: 1. Electric powerforthe,Contractor's use may not be initially available at or near the project site or staging area. Determine the type and amount available and make arrangements for obtaining temporary 01500 Page 1 of 9 N:\041 A063\Design Docs\Specs-Phase 20vision 1\01500.doc July 9,2015 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 - GENERAL REQUIREMENTS AND TEMPORARY CONTROLS electric power service, metering equipment, and pay all costs for the electric power used during the Contract period, except as specifically provided for utilities used by the Owner on portions of the work designated in writing by the Engineer as substantially complete. 2 Temporary electric power installations shall meet construction safety requirements of OSHA, state, and other governing agencies. 3. Cost of electric power used in performance and acceptance testing shall be borne by Contractor. C. Heat: 1. Definitions: a. Heating required after enclosure of building is classified as "temporary heat." Building shall be considered as enclosed when it is roofed and is protected at doorways, windows, and other openings to provide reasonable heat retention. b. Heating required before buildings are enclosed is classified as "cold weather protection." 2. Use warm air heat from oil or gas-fired portable unit heaters suitably vented to outside as required for protection of health and property. If approved by Engineer, heaters emitting products of combustion within the heated space may be used. Open salamander type heaters will not be permitted. 3 Parts of buildings or products that become damaged because of insufficient or excessive heat shall be repaired or replaced to original condition at no additional cost to the Owner. 4. Except as otherwise specified, maintain temperatures in all parts of new buildings above 50 degrees F'and no higher than 75 degrees F during the heating season. 5. Upon acceptance or occupancy of building by Owner, Contractor's responsibility for temporary heating shall terminate for that building. 6. If permanent system is used for temporary ventilation, provide temporary throwaway filters. 7. If permanent natural gas piping is used for temporary heating units, do not modify or reroute gas piping without approval of gas company 01500-Page 2 of 9 NA0417\063\Design Docs\Specs-Phase 20vision 1\01500.doe July 9,2015 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 - GENERAL REQUIREMENTS AND TEMPORARY CONTROLS and Engineer. Provide separate gas metering as required by gas company. D. Water: 1. The Contractor shall provide an adequate supply of water of a quality suitable for all domestic and construction purposes, except that the Owner's raw water system, adequately screened, may be used for supplying water for pipelines and water holding structure's leakage tests. For these tests, all coordination with the Owner, temporary connections,temporary pipelines, and other similar items shall be the responsibility of the Contractor. 2. All drinking water on the site during construction shall be furnished by the Contractor and shall be bottled water or water furnished in approved metal or ;plastic dispensers. Notices shall be posted conspicuously throughout the site warning the Contractor's, Owner's, Engineer's, and other personnel that piped water may be contaminated. 3 The Contractor shall not make connection to, or draw water from any fire hydrant or pipeline without first obtaining permission of the authority having jurisdiction over the use of said fire hydrant or pipeline and from the agency owning the affected water system. For each such connection made, the Contractor shall first attach to the fire hydrant or pipeline a valve, a backflow preventer, and a meter, if required by the said authority, of a size and type acceptable to said authority and agency. 4. The Contractor is alerted that a water use permit system is in effect in Montana for temporary water uses for construction purposes. The Montana Water Use Act is codified in Chapters 2 and 15 of Title 85, MCA. The regulations pursuant to the Act are found in Chapters 12 and 14 of Title 36, ARM. A Permit to Appropriate Water must be applied for and received before construction of diversion work begins or water is diverted from any surface water source. Developments of ground water with an anticipated use of more than 35 gallons per minute or 10 acre-feet require a Permit to Appropriate Water before any development begins or water is used. In the case of construction projects, a TEMPORARY PERMIT may be requested if the use of water is intended for only a limited period of time. An application for a Temporary Permit is processed according to the same procedures as for a provisional permit. The Temporary Permit has an expiration date based on the period requested and will automatically expire on that date. No Certificate of Water Right is issued on a Temporary Permit. 01500- Page 3 of 9 N:\WA0630esign Docs\Specs-Phase 20vision 1\01500.doe July,9,2015 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 - GENERAL REQUIREMENTS AND TEMPORARY CONTROLS 5. The site shall be graded to drain. Excavations shall be maintained free of water. Provide, maintain, and operate groundwater pumping equipment. Contractor shall make provisions for disposal) of groundwater compatible with adjacent property owners and federal, state, and local agencies. 6 Before final acceptance of the work on the project, all temporary connections and piping;installed by the Contractor shall be entirely removed and all affected improvements shall be restored to their original condition,for better, to;the satisfaction of the Engineer and to the agency owning the affected utility. 7. Fire Protection: The construction plant and all other parts of the work shall be connected with the Contractor's water supply system and shall be adequately protected against damage by fire. Hose connections and hose, water casks, chemical; equipment, or other sufficient means shall be provided for fighting fires in the temporary structures and other portions of the work, and responsible persons shall be designated and instructed in the operation of such fire apparatus so as to prevent for minimize the hazard of fire. The Contractor's fire protection program shall conform to the requirements of Subpart F of the OSHA Standards for Construction. E. Sewage: 1 Provide and maintain sanitary facilities for Contractor's employees and subcontractors' employees that comply with regulations of local and state health departments. Provide chemical toilets of suitable types and maintain them in a sanitary condition at all times, conforming to code requirements and acceptable to the health authorities. They shall be watertight construction so that no contamination of the area can result from their use. Make arrangements for frequent emptying of toilets. Upon completion of the work, remove toilets and restore area to original condition. F. Telephone: 1 Arrange for onsite telephone service for Contractor's use during construction. Costs of installation and monthly bills for Contractor's telephone services shall be borne by the Contractor. PART 2 PRODUCTS;(Not Used) 01500- Page 4 of 9 NA0417\063\Design Dots\Specs-Phase 20vision 1\01500.doc July 9,2015 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 - GENERAL REQUIREMENTS AND TEMPORARY CONTROLS PART 3 EXECUTION 3.01 TEMPORARY CONSTRUCTION A. Access Roads and Parking: 1 Construct temporary construction access roads and detours as necessary to execute the work and as approved by the Owner and Engineer. Maintain in good condition until no longer needed, then remove the temporary roads, revegetate the disturbance or otherwise leave the disturbed area in a preconstruction condition satisfactory to the Owner and Engineer. 2. Use area designated as staging area on Drawings or other area as designated by the Owner for parking of Contractor's employees vehicles. B. Storage Yards and Buildings: 1. Construct temporary storage yards for the storage of products that are not subject to damage by weather conditions. Materials such as pipe, and reinforcing and structural steel shall be stored on pallets or racks, off the ground, and in a manner to allow ready access for inspection and inventory. Temporary gravel surfacing of storage yards must be approved by the Owner and Engineer. 2. Erect or provide temporary storage buildings of various sizes needed to protect mechanical and electrical equipment and other materials, as recommended by manufacturers of such equipment and materials: a. Provide environmental control systems that meet recommendations of manufacturers of equipment and materials stored in the buildings. b. Buildings shall be of sufficient size. C. Arrange or partition buildings to provide security for their contents and ready access for inspection and inventory. d. At or near completion of the work, temporary storage buildings shall be dismantled, removed from the site, and remain the property of the Contractor. 3. Store combustible materials (paints, solvents, fuels, etc.) in a well- ventilated building remote from other buildings. 01500-Page 5 of 9 NA0417\0630esign Docs\Specs-Phase 20vision 1\01500.doc July 9,2015 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 - GENERAL REQUIREMENTS AND TEMPORARY CONTROLS C. Fencing and Barricades: 1 Security Fence: a. If desired by the Contractor, erect a temporary(or permanent, if applicable) security fence with gates and locks around the construction and/or staging area site, located and as approved by Owner and Engineer. b. Where existing or new permanent fencing is used for security fence, restore to original or specified condition at completion of the work. 2. Barricades: Provide barricades as necessary to prevent unauthorized entry to construction areas, both inside and outside of fenced area. Also provide barricades to protect existing facilities and adjacent properties from potential damage. Locate barriers to enable access by facility operators and property owners. D. Engineer's Field Office: 1 The Contractor is not required to provide an Engineer's field office for this project. 3.02 SAFETY AND PROTECTION A. Examination of Existing Facilities: 1'. After the Contract is awarded, before the commencement of work, at the Contractor's `request, Contractor and Engineer shall make a thorough examination of all existing buildings, structures, and other improvements in the vicinity of the work and for which permission for entry has been granted, as applicable, which might be damaged by construction operations. 2. Records in triplicate of all observations shall be prepared by the Contractor and each copy of every document shall be signed by the authorized representative of the Owner and of the Contractor. 3. Photographs, as 'requested by the Owner, shall be made by the Contractor and signed in the manner specified above. One signed copy of every document and photograph will be kept on file in the office of the Engineer. 4. These records and photographs are intended for use as indisputable evidence in ascertaining whether and to what extent damage occurred 01500- Page 6 of 9 NA0417\063\Design Docs\Specs-Phase 20vision 1\01500.doc July 9,2015 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 - GENERAL REQUIREMENTS AND TEMPORARY CONTROLS as a result of the Contractor's operations, and are for the protection of the adjacent property owners, the Contractor, and the Owner. B. Safety Requirements: 1 Contractor shall do whatever work is necessary for safety and be solely and completely responsible for conditions of the jobsite, including safety of all persons (including employees) and property during the Contract period. This requirement shall apply continuously and not be limited to normal working hours. 2. Safety provisions shall conform to Federal and State Departments of Labor' Occupational Safety and Health Act (OSHA), and other applicable federal state, county, and local laws, ordinances, codes, requirements set forth herein, and regulations that may be specified in other parts of these Contract Documents. Where these are in conflict, the more stringent requirement shall be followed. Contractor shall become thoroughly familiar with governing safety provisions and shall comply with the obligations set forth therein. 3. Contractor shall develop and maintain for the duration of the Contract, a safety program that will effectively incorporate and implement required safety iprovisions. Contractor shall appoint a qualified employee who is authorized to enforce compliance with the safety program. 4 Engineer's duty to conduct construction review of the Contractor's performance is not intended to include a review or approval of the adequacy of Contractor's safety supervisor, safety program, or safety measures. 5. Contractor shall do all work necessary to protect the general public from hazards, including, but not limited to, surface irregularities or unramped grade changes in pedestrian sidewalk or walkway, and trenches or excavations in roadway. 6.' Barricades, lanterns, and proper signs shall be furnished in sufficient amount to safeguard the public and the work. 7. As part of safety program, Contractor shall maintain at its office or other well-known place at the jobsite, safety equipment applicable to the work as prescribed by the governing safety authorities, and articles necessary for giving first-aid to the injured. Establish procedures for the immediate removal to a hospital or a doctor's care of person who may be injured on the jobsite. 01500-Page 7 of 9 NA0417\0630esign Docs\Specs-Phase 201vision 1\01500.doc July9,2015 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 - GENERAL REQUIREMENTS AND TEMPORARY CONTROLS 8. Construct and maintain satisfactory and substantial temporary chain link fencing, solid fencing, railing, barricades or 'steelplates,' as applicable, at all openings, obstructions,or other hazards in highways, roads, streets, sidewalks, floors, roofs, and walkways. Such barriers shall have adequate warning lights as necessary or required' for safety. 9 If death or serious injuries or damages are caused,the accident shall be reported immediately by telephone or messenger to the Engineer and Owner. In addition, Contractor shall promptly report in writing all accidents whatsoever arising out of, or in connection with, the performance of the work whether on or adjacent to the site, giving full details and statements of witnesses. 10. If claim is made by anyone against'Contractor or any subcontractor on account of accident, Contractor shall promptly report the facts in writing, giving full details of the claim. C. Fire Prevention: Perform all work in a fire safe manner.Furnish and maintain on the site adequate fire fighting equipment capable of extinguishing incipient fire. Comply with; applicable federal, local, and state fire prevention regulations. Where these regulations do not apply,follow applicable parts of the National Fire Prevention Standard of Safeguarding Building Construction Operations (NFPA No. 241). D. Use of Explosives: No blasting or use of explosives will be allowed on the jobsite. E. Protection of Work and Property: 1. General: a. Contractor`shall employ such means and methods necessary to adequately protect public property ;and property of the Owner against damage. In the event of damage to such property, immediately restore the property to a condition equal to its original condition and to the satisfaction of the Engineer and the owner of said property, and bear all costs therefore. b. Protect stored materials, cultivated trees and crops, and other items located adjacent to the proposed work. Notify Owner and property owners affected by the construction at least 48 hours in advance of beginning of construction in different areas. 01500-Page 8 of 9 NA0417\063\Design Docs\Specs-Phase 20vision 1\01500.doc July 9,2015 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 - GENERAL REQUIREMENTS AND TEMPORARY CONTROLS 2. Finished Construction: a. Contractor shall assume the responsibility for protection of finished construction and shall repair and restore any and all damage to finished work to its original or better condition. b. Prevent wheeling of loads over finished floors, either with or without plank protection, except in rubber-tired wheelbarrows, buggies, or dollies. Protect finished floors and concrete floors exposed as well as those covered with composition tile or other applied surfacing. C. At such time temporary facilities and utilities are no longer required for the work, notify Engineer of intent and schedule for their removal. Remove temporary facilities and utilities from the site_as Contractor's property and leave the site in such condition as specified, as shown on the Drawings or as directed by the Owner or Engineer. d. In unfinished areas, leave the site evenly graded, seeded, or planted as necessary, in a condition that will restore original drainage, and with an appearance equal to or better than original. e. Site Cleanup: Upon completion of the work, the Contractor shall remove all traces of temporary facilities, including office and storage facilities, stockpiles, equipment, construction debris, unused materials and scrap materials. The site shall be restored by re-grading and re-vegetating disturbed areas to resemble their original condition. If an agreement is reached with the Owner, surplus/leftover materials may be left on site for the Owner's future use. Site cleanup shall be performed as an incidental to the performance of the work and the Unit Prices on the Bid Sheet. END OF SECTION 01500 01500- Page 9 of 9 N:\0417\063\Design Docs\Specs-Phase 201vision 1\01500.doc July 9,2015 SECTION 01560 ENVIRONMENTAL DIVISION 1 - GENERAL REQUIREMENTS QUALITY CONTROL PART 1 GENERAL` 1.01 SECTION INCLUDES A. General Provisions B. Erosion and Sediment Control Measures and Works C. Water Pollution Control D. Storm Water Discharge Permit E. Chemical Pollution F. Dust Abatement G. Noise Pollution H. Preservation of Historical and Archeological Data I. Waste'Material Disposal J. Maintenance, Removal and restoration 1.02 RELATED SECTIONS A. Section 01010, SUMMARY OF WORK: Groundwater Consideration and Soil Considerations. 1.03 WORK INCLUDED A. The work shall consist of,installing measures or performing work to control and protect the environmental quality of the project site and to minimize the pollution of ;the water and air during the construction operations in accordance with these specifications. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 GENERAL PROVISIONS A. The Contractor in executing the work shall maintain affected areas within and outside project boundaries free from environmental pollution that would be in violation of federal,state, or local regulations. B. Do not impair operation of existing systems. Prevent construction material, pavement, concrete, earth, volatile and corrosive wastes, and other debris from entering sewers, pump stations, or other structures. Maintain original site drainage wherever possible. 01560 - Page 1 of 8 N:\M A063\Design Docs\Specs-Phase 20vision 1\01560.doc July 9,2015 SECTION 01560 ENVIRONMENTAL DIVISION 1 - GENERAL REQUIREMENTS QUALITY CONTROL 3.02 EROSION AND SEDIMENT CONTROL MEASURES AND WORKS A. The Contractor shall conduct his work in accordance with the requirements of the Montana Department of Environmental Quality(MDEQ), Storm Water Program requirements discussed in Article 3.04 herein. B. Control of Earthwork Activities: 1. The excavation and moving of soil materials shall be scheduled so that the smallest possible areas will be unprotected from erosion for the shortest time practical. 2. Excavated 'materials or other construction materials shall not be stockpiled or deposited near or on stream banks, lake shorelines, or other watercourse perimeters where they can be washed away by high water or storm runoff or can in any way encroach upon the actual watercourse itself'. 3. All areas disturbed or newly created by the construction activity, shall be seeded with vegetation both in kind and in quantity(this will include both herbaceous and woody species)that are indigenous to the area for protection against subsequent erosion and to minimize adverse impacts to fish and wildlife resources`. This may require maintenance such as reseeding, watering, implementation of grazing restrictions, fencing, etc., to ensure the survival of the replacement vegetation. C. Sodding: Sodding is preferred to seeding due to the small amount of disturbed ground. Locally sourced drought tolerant SOD is preferred. See Section 00910. SPECIAL PROVISIONS. D. Mulching: Mulching shall be used to provide temporary protection to soil surfaces from erosion. E. Vegetation Conservation: Except where clearing is required for the permanent works,approved construction roads,or excavation operations,all trees, native shrubbery, grass lawn,;and vegetation shall be preserved and shall be protected from damage by the construction operations and equipment. The Contractor shall move equipment on access routes within the right-of-way in a manner which will prevent damage to lawns, crops, range land, or property. F. Diversions: 1'. Diversions shall be used to divert water away from work areas and/or to collect runoff from work areas for water quality treatment and safe discharge. 01560-Page 2 of 8 N:\0417\063\Design Docs\Specs-Phase 201vision 1\01560.doc July 9,2015 SECTION 01560 ENVIRONMENTAL DIVISION 1 - GENERAL REQUIREMENTS QUALITY CONTROL 2. Diversions or channel changes required by the Contractor to complete the work shall be completed in a manner to minimize erosion and to leave the stream course essentially unchanged. 3. The Contractor shall remove all diversions, culverts, bridges and other temporary work following completion of the work and shall restore the area disturbed to essentially the same configuration as it was prior to construction or to the final lines and grades as shown on the Contract Documents, G. Sediment Basins: Sediment basins shall be used to settle and filter out sediment from eroding areas, and to protect properties and streams below the construction areas. 3.03 WATER POLLUTION CONTROL A. The Contractor's construction activities shall be performed by methods that will prevent the entrance, or accidental spillage, of solid matter, contaminants, debris, and other objectionable pollutants and wastes into streams,flowing or dry watercourses, lakes, and underground water sources. Such pollutants and wastes shall include,, but are not restricted to, refuse, garbage, cement concrete, sanitary waste, industrial waste, radioactive substances,oil and other petroleum products, aggregate processing tailings, mineral salts, and thermal pollution. B. Compliance with Applicable Laws and Regulations: 1. The Contractor shall comply with all applicable Federal, State and local laws, orders, and regulations concerning the control and abatement of water pollution. 2 Prior to the discharge of any wastewater or other pollutants, or any dredged or fill materials into Waters of the U.S., the Contractor shall obtain the proper permits_.(in addition to the existing Section 404 permit) and provide a copy of each to the Engineer. C. Other Provisions: 1 All construction debris shall be disposed of on land in such a manner that it cannot enter a waterway or wetland. 2 Equipment for handling and conveying materials during construction shall be operated to prevent dumping or spilling the materials into the water except as approved herein. 3 During construction and subsequent operation of this facility, no 01560- Page 3 of 8 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01560.doc July9,2015 SECTION 01560 ENVIRONMENTAL DIVISION 1 - GENERAL REQUIREMENTS QUALITY CONTROL petroleum products, chemicals, or other deleterious materials shall be allowed to enter or be 'disposed of in such a manner so that they could enter the water and precautions shall be taken to prevent entry of these materials into the water. D. Dewatering Procedures: 1. The Contractor shall construct, maintain, and;operate cofferdams, channels, flume drains, sumps, pumps, or other temporary diversion and protection works. Furnish materials required, install, maintain, and operate necessary pumping and other equipment for the environmentally-safe removal and disposal of water from the various parts of the work. Maintain the foundations and parts of the work free from water. 2. Where an excavation extends below the water table, dewaternn a manner that will prevent loss of fines from the foundation. Maintain stability of slopes and bottom of the excavations, and perform construction operations in the dry. Use screened wells or equivalent methods for dewatering. Control seepage along the bottom of excavations, which may require ditches and pipe drains leading to sumps from which the water shall be pumped and; properly discharged. 3. Refer to Section 01010, SUMMARY OF WORK: Groundwater Consideration for additional information and requirements. E. Construction Dewatering Permit: 1. The Contractor shall be responsible for all construction dewatering. The method of dewatering selected by the Contractor will determine the necessity for a construction dewatering permit. If the Contractor elects to discharge the water in to an existing storm sewer system or into a stream, drainage, creek, or any State Waters, the Contractor shall be required to first obtain, as necessary, the following permits from the Montana Department of Environmental Quality (MDEQ) office'in Helena. a. Short Term Water Quality Standard for Turbidity Related to Construction Activity (318 Permit). b. Montana Pollution Discharge Elimination System Permit(Short Form C)for construction dewatering discharge. 2. Dewatering flows discharged to the irrigation ditch, for which the Contractor would need to secure written permission from the ditch 01560-Page 4 of 8 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01560.doc July 9,2015 SECTION 01560 ENVIRONMENTAL DIVISION 1 - GENERAL REQUIREMENTS QUALITY CONTROL owner, may not require the above-mentioned MDEQ permits. 3. The requirements of this item for the activities of construction dewatering ;are to be distinguished as being separate from the requirements necessary when there is an encounter of chemical or hydrocarbon contaminants in the groundwater. 4. A copy of the Contractor's discharge permits or ditch owner's written permission to discharge to their irrigation ditch, as applicable, shall be provided to the Engineer before work begins. 5. All costs of dewatering, including the procurement of the permits required, measures to handle the discharge, testing, and all related work of cleanup, restoration, etc. shall be included in the cost for pipe installation. The Contractor shall be responsible for contacting the MDEQ to verify the discharge limitations and other costs associated with the permit, for bidding purposes. 3.04 STORM WATER DISCHARGE PERMIT A. If the area of disturbance (excavation, stockpiling, etc.) exceeds one acre, the Contractor shall apply to MDEQ for a storm water discharge permit. The Contractor shall utilize 'erosion and sediment control best management practices whether or not a permit is required. Contractor shall refer to the permit applications for 404 and 124A permits in the appendix regarding expectations regarding erosion and sediment control. The Contractor shall complete the NOI form and SWPPP as Operator 1 (the sole permittee), and shall be fully responsible for paying all fees and meeting all applicable requirements of the NOI, the SWPPP, and the General Permit. The Contractor shall provide the Engineer with copies of the completed application and the Receipt Confirmation Letter from MDEQ, prior to initiating any ground disturbance or earthmoving activities. The cost associated with this work shall be.incidental to the other project work. 3.05 CHEMICAL POLLUTION A. The Contractor shall provide tanks or barrels to be used to dispose of chemical pollutants produced as a by-product of the project work such as drained lubricating or transmission oils, greases, soaps, asphalt, etc. At the completion of the construction work, storage tanks or barrels shall be removed from the site and properly disposed of. B. Sanitary facilities such as chemical toilets or septic tanks shall not be placed adjacent to live streams, wells, or springs. They shall be located at a distance of 200 feet or as required to prevent contamination of any well or water course. 01560-Page 5 of 8 NA0417\063\Design Docs\Specs-Phase 20vision 1\01560.doc July 9,2015 SECTION 01560 ENVIRONMENTAL DIVISION 1 - GENERAL REQUIREMENTS QUALITY CONTROL C. The term pesticide as used in these Specifications shall include all herbicides, insecticides,fungicides, and rodenticides. Should the Contractor find it necessary to use pesticides in the areas of work under this contract, he shall submit his plan for such use to the Engineer for written approval. The Contractor shall not proceed prior to approval by the Engineer. D. Pesticides used shall only be those registered with the Environmental Protection Agency in compliance with the Federal Environmental Pesticide Control Act of 1972 and other Federal pesticide acts. Pesticides names on the Department of the Interior's "Prohibited List" shall not be used. 3.06 AIR POLLUTION A. The Contractor shall comply with applicable Federal, State, and local regulations concerning the prevention and control of air pollution and the burning of brush, slash or other materials'. Burning is not permitted at the project site or on any City property. In no case shall unapproved materials, such as tires, plastics, rubber products, asphalt products, or other materials that create heavy black smoke or nuisance odors, be burned. Trash burning will not be permitted and smoke of any kind shall be minimized. B. Fire prevention measures shall be taken to prevent the start or the spreading of fires resulting from the project work. C. In the conduct of construction activities and operation of equipment, the Contractor shall utilize such practicable methods and devices as are reasonably available to control,'prevent,and otherwise minimize atmospheric emissions or discharges of air contaminates. D. Equipment and vehicles that show excessive emissions of exhaust gases shall not be operated until corrective repairs or adjustments are made. 3.07 DUST ABATEMENT A. All public access or haul roads used during construction of the project shall be sprinkled with water as required to fully suppress dust. The Contractor shall prevent dust which has originated from his operation from damaging lawns, crops, cultivated fields, rangeland,trees,'businesses, and dwellings, or causing a nuisance. The Contractor shall be held liable for any damage resulting from dust originating from his operations under these Contract Documents. 3.08 NOISE POLLUTION 01560-Page 6 of 8 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01560.doc July 9,2015 SECTION 01560 ENVIRONMENTAL DIVISION 1 - GENERAL REQUIREMENTS QUALITY CONTROL A. The Contractor shall comply with applicable Federal, State, and local laws, orders, and regulations concerning the prevention, control, and abatement of excessive noise. B. The use of jackhammers, :pile driving, or combustion engine driven dewatering pumps or generators, or other operations producing high-intensity noise may not be performed at night unless the Contractor receives prior approval of the Owner and nearby property owners. 3.09 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA A. Federal legislation provides for the protection, preservation, and collection of scientific, prehistorical, historical, paleontological, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project. B. The Contractor agrees that, should he or any of his employees in the performance of this contract discover evidence of possible scientific, prehistorical, historical, paleontological, or archeological data, he will cease work and notify the Owner or Engineer immediately giving the location and nature of the finding. Written confirmation shall be forwarded immediately. The Contractor shall exercise care so as not to damage artifacts or fossils uncovered during excavation operations and shall provide the cooperation and assistance necessary to preserve the findings for removal. C. Where appropriate.by reason of a discovery, the Engineer may order delays in the time of performance, or changes in the work, or both. If such delays, or changes, or both, are ordered,the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the General Conditions. D. The Contractor agrees to insert this paragraph in all subcontracts which involve the performance of work on the project site. 3.10 WASTE MATERIAL DISPOSAL A. Excess excavated 'material not required or suitable for backfill, and other waste material, must be disposed of in licensed landfills or at other sites for which local, county, or state approval is obtained. B. Unacceptable disposal sites include, but are not limited to, sites within a Waters of the U.S. (i.e.,wetlands and waterways)or critical habitat and sites where disposal will have a detrimental effect on surface water or groundwater quality. 01560-Page 7 of 8 N:\0417\063\Design,Docs\Specs-Phase 20vision 1\01560.doc July 9 2015 SECTION 01560 ENVIRONMENTAL DIVISION 1 - GENERAL REQUIREMENTS QUALITY CONTROL C. Contractor may make his own arrangements for disposal subject to submission of proof that the owner(s) of the proposed site(s) has a valid fill permit issued by the appropriate governmental agency. D. Maintain areas covered by the Contract and affected public properties free from accumulations of waste, debris, and rubbish caused by construction operations. Remove excavated materials from the site, or stockpile where shown or directed by Owner or Engineer. E. Cleaning and disposal shall comply with local ordinances and pollution control laws. Do not burn or bury rubbish or waste materials on the project site. Do not dispose of volatile wastes such as mineral spirits, oil,chemicals, or paint thinner on-site or in storm or sanitary drains. Disposal of wastes into streams or waterways is prohibited. Provide acceptable containers for collection and disposal of waste materials, debris, and rubbish. 3.11 MAINTENANCE, REMOVAL AND RESTORATION A. The Contractor shall, at all times, keep the construction area, including storage areas used by him, free from accumulations of waste materials and rubbish. B. Waste materials including, but not restricted to, refuse garbage, sanitary wastes; industrial wastes, and oil and other petroleum products, shall be disposed of by the Contractor. Materials must be disposed of by acceptable means such as an approved solid waste facility.'It shall be the responsibility of the Contractor to make any necessary arrangements pertinent to the locations and regulations of such disposal. Any fees or charges required to be paid for disposal of materials shall be paid by the Contractor. C. Disposal of construction debris shall meet the requirements of the Montana Solid Waste Management Act (MCA-75-10-201 et seq.). The regulations pursuant to the Act are in ARM 16.14.501 'et seq. and are referred to as the Montana Refuse Disposal Regulations. The statute and regulations are administered and enforced by the Montana Department of Environmental Quality. END OF SECTION 01560 01560-Page 8 of 8 NA0417\0630esign'Docs\Specs-Phase 2\Division 1\01560.doc July 9,2015 SECTION 01570 DIVISION 1 - GENERAL REQUIREMENTS CONSTRUCTION TRAFFIC CONTROL PART1 GENERAL 1.1 DESCRIPTION A. This work is the furnishing of labor, materials, and equipment for installing, maintaining and operating traffic control devices to insure the safety of the general public and project personnel. 1.2 REQUIREMENTS A. Perform work under this section meeting Manual of Uniform Traffic Control Services (MUTCD), MDT Standard Specifications for Road and Bridge Construction, the Montana Public Works Standard Specifications and contract requirements.. 1.3 NOTIFICATIONS A. Coordinate all construction activities to reduce traffic conflicts at the work site, off-site events or other construction projects. B. Furnish the Engineer, for Owner review (Montana Department of Transportation and the City of Bozeman), the construction traffic control plan at least one week before construction begins or before changes in segments or phases of the work on the project. The Owner will review and approve the Traffic Control Plan considering known off-site activities and may require modification to the plan or construction timing to coordinate events. Work shall not commence until said plan is approved. C. For project sites involving a through street, provide the Engineer with a news release. Include in the news release, as a minimum, the work activity and duration. Once approved, furnish the news release to the local media at least three days before starting work. Notify all landowners or residents adjacent to the work of the type and duration of the construction. PART 2 PRODUCTS 2.1 TRAFFIC CONTROL DEVICES A. Assure all signs and barricades are reflectorized. Assure all night time traffic control devices meet MUTCD lighting requirements. 01570 - Page 1 of 3 N:\W A063\Design Docs\Specs-Phase 20vision 1\01570.doc 7/9/15 SECTION 01570 DIVISION 1 - GENERAL REQUIREMENTS CONSTRUCTION TRAFFIC CONTROL B. Use traffic control devices meeting the "Manual of Uniform Traffic Control Devices" and the "Traffic Control Devices Handbook"requirements, available from the Superintendent of Documents, U.S'. Government Printing Office, Washington, D.C. 20492.' C. Assure all traffic control devices are clean, legible, reflective for night-time use, and operable. PART 3 EXECUTION 3.1 WORK METHODS A. Place all traffic control devices as planned before permitting men'or equipment on the traveled way. Install signs, cones and barricades in that order. B. Inspect the work area at least twice each day during construction and maintain records of traffic control devices used and their location'. C. Assure'the traffic control is appropriate to the work. Assure traffic control devices are appropriate and clean before suspending work for the day. D. Remove traffic control devices in reverse order of installation at the end of each shift. E. Remove and store all unnecessary traffic control devices away from traffic's view. 3.2' NONCOMPLIANCE A. Remove, repair or replace any traffic control device not providing;its intended function. B. Do not begin work until all required traffic control devices are placed. C. The Engineer will periodically inspect the traffic control and inform the Contractor of any deficiencies. D. Contractor failure to correct any deficiency in the traffic control within 4' hours of notification is cause to deduct monies from the contract payment on the next progress payment. E. The Engineer may direct correcting traffic control deficiencies immediately. Failure to immediately correct the deficiency is cause for the Engineer to correct the deficiency at Contractor expense. 01570- Page 2of 3 NA0417\0630esign Docs\Specs-Phase 20vision 1\01570.doc 7/9/15 SECTION 01570 DIVISION 1 -`GENERAL'REQUIREMENTS CONSTRUCTION TRAFFIC CONTROL 3.3 FLAGGING A Furnish competent and properly equipped flag persons as described in the booklet "Instructions for Flag persons" furnished by the Montana Department of Transportation. END OF SECTION 01570 - Page 3 of 3 NA0417\0 Mesign Docs\Specs-Phase 20vision 1\01570.doc V9115 SECTION 01600 DIVISION 1 —`GENERAL REQUIREMENTS MATERIAL AND EQUIPMENT PART1 GENERAL 1.01 SECTION INCLUDES A. Products B. Transportation and Handling C. Storage and Protection D. Product Options E. Substitutions 1.02 PRODUCTS A. Products: Means new material, machinery, components, equipment,fixtures, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. 1.03 TRANSPORTATION AND HANDLING A. Transport and handle products in accordance with manufacturer's instructions. B. ` Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. C. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1.04 STORAGE AND PROTECTION A. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather-tight, climate controlled enclosures. B. For exterior storage of fabricated products, place on sloped supports, above ground. 01600—Page 1 of 3 N:\0417\063\DESIGN DOGS\SPECS-PHASE 20IVISION 1\01600.DOC June21,2004 SECTION 01600 DIVISION 1 — GENERAL REQUIREMENTS MATERIAL AND EQUIPMENT C. Provide off-site storage and protection when site does not permit on-site storage or protection. D. Cover `products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. E. Store loose granular materials on solid flat surfaces in a well-drained area. Prevent mixing with foreign matter. F. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. G. Arrange storage of products to permit access for inspection. Periodically inspect to assure products are undamaged and are maintained under specified conditions. 1.05 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Any product meeting those standards or description. - B. Products Specified by Naming One or More Manufacturers: Products of 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. 1.06 SUBSTITUTIONS A.` Engineer will consider requests for Substitutions only within 15 days after date of Owner-Contractor Agreement and in accordance with Section i00700, Articles 6.05 and 6.17, and Section 01300, SUBMITTALS of the Contract Documents. B. Substitutions may be considered when a product becomes unavailable through no fault of the Contractor. C. Document each request with complete data substantiating compliance of proposed Substitution with Contract Documents. D. A request constitutes a representation that the Contractor: 01600—Page 2 of 3 N:\0417\063\DESIGN'DOCS\SPECS-PHASE 20IVISION 1\01600.DOC June 21,2004 SECTION 01600 DIVISION 1 — GENERAL REQUIREMENTS MATERIAL AND EQUIPMENT 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 which may be required for the Work to be complete with no additional cost to Owner. 4. Waives claims for additional costs or time extension which may subsequently become apparent. 5. Will reimburse Owner for review or redesign services associated with re-approval by authorities. F. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents. G. Substitution Submittal Procedure: 1. Submit three 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. 3. The Engineer will notify Contractor, in writing, of decision to accept or reject request. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not used END OF SECTION 01600 - Page 3 of 3 N:\0417\063\Design Docs\Specs-Phase 2\Division 1\01600.doc June 21,2004 SECTION 01700 DIVISION 1 - GENERAL REQUIREMENTS CONTRACT CLOSEOUT PART1 GENERAL 1.01 SECTION INCLUDES A. Damage to Existing Structures. B. Closeout Procedures. C. Final Cleaning. D. Project Record Documents. E. Operation and Maintenance Data. F. Warranties, Bonds and Affidavits. G. Final Inspection. H. Spare Parts and Maintenance Materials. 1.02 DAMAGE TO EXISTING STRUCTURES A. Prior to final acceptance by the Owner, the Contractor shall repair or otherwise return to original condition any parts of the existing or newly constructed facilities which have been damaged during construction. 1.03 CLOSEOUT PROCEDURES A. The Contractor shall submit written certification that the Contract Documents have been reviewed, the work has been inspected, and that the work is complete in accordance with the Contract Documents and is ready for the Engineer's final inspection. B. The Contractor shall provide any submittals to the Engineer and/or the Owner that are required by governing or other authorities. C. The Contractor shall submit the final Application for Payment identifying the total adjusted Contract Sum, previous payments, and the sum remaining due. 1.04 FINAL CLEANING A. The Contractor shall keep the premises free of the accumulation of surplus materials and rubbish resulting from his construction operations and the operations of his subcontractors. The Contractor shall remove all waste and surplus materials, rubbish, and construction facilities from the site. 01700—Page 1 of 8 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01700.doc July 9,2015 SECTION 01700 DIVISION 1 -GENERAL REQUIREMENTS CONTRACT CLOSEOUT B. The Contractor shall execute final cleaning prior to the final inspection according to the following provisions: 1: Clean, sweep, wash, and polish work and equipment provided under the Contract, including finishes. Leave the structure and site in a complete and finished condition to the satisfaction of the Engineer and Owner. 2. Remove debris including dirt, sand,and gravel from sewers,;pipelines, and structures. 3`. Should Contractor not remove rubbish or debris or not 'clean the facilities and site as specified above, the Owner reserves the right to have final cleaning done at the sole expense of the Contractor. C. The Contractor shall also provide for the following: 1'. Employ experienced workers or professional cleaners for final cleaning. 2`. Conduct final inspection of exposed interior and exterior surfaces and of concealed spaces in preparation for substantial completion or occupancy. 3`. Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials from exposed interior and exterior finished surfaces. 4. Repair, patch, and touch up marred surfaces to specified finish, and match adjacent surfaces. 5. Broom clean paved surfaces; rake clean other surfaces. 6. Remove from the Owner's property temporary structures and materials, equipment, and appurtenances not required as part of, or appurtenant to, the completed work. See Section 01500, CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS. 7. Leave water courses, gutters, and ditches open and in;condition satisfactory to Engineer and Owner. D. Owner will assume responsibility for cleaning as of the date of substantial completion. 1.05 PROJECT RECORD DOCUMENTS A. The Contractor shall maintain on site, one set of the following record documents to record actual revisions to the work: 01700—Page 2 of 8 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01700.doc July 9,2015 SECTION 01700 DIVISION 1 - GENERAL REQUIREMENTS CONTRACT CLOSEOUT 1. Contract Drawings, Specifications, and Addenda. 2. Change Orders and other Contract Modifications. 3. Reviewed shop drawings, product data, and samples. B. The Contractor shall store Record Documents separate from the documents used for construction. C. The Contractor shall record information concurrent with the construction progress. D. The Contractor shall legibly mark and record in the Construction Documents at each product section, the description of actual products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications. E. The Contractor shall legibly record all Documents and Shop Drawings to record actual construction characteristics including: 1. Measured horizontal and vertical locations of any underground utilities and appurtenances, referenced to permanent surface improvements. 2. Measured depths of foundations in relation to project datum. 3. Field changes of dimension and detail. 4. Details not on the original Contract Drawings. 5. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the work. F. The Contractor shall submit the required documents to Engineer with claim for Final Application for Payment. 1.06 OPERATION AND MAINTENANCE DATA A. The Contractor shall prepare binder covers with the printed title "OPERATION AND MAINTENANCE DATA", the title of project, and all subject matter contained in the binder when multiple binders are required. 01700—Page 3 of 8 N:\0417\0630esign Docs\Specs-Phase 20vision 1\01700.doe July 9,2015 SECTION 01700 DIVISION 1 - GENERAL REQUIREMENTS CONTRACT CLOSEOUT B. Procedures: 1 Unless specified otherwise, furnish four copies of complete instruction manual for installation, operation, maintenance, and lubrication requirements for each unit or common units of mechanical and electrical equipment or system. Contractor shall assemble the O& M Manuals into one set for the entire project. 2. Furnish manufacturer's data and installation instructions prior to installation of the respective equipment. Furnish initial manual a minimum of 45 days prior to field `test or equipment startup of the respective equipment. In all cases,the manuals shall be furnished at least 60 calendar days prior to the scheduled completion of the work. In no case shall submission of the manuals be delayed beyond 75 percent completion of the work. Submission of the manuals shall precede any payment to the Contractor for work completed in excess of the 75 percent completion level. Correct deficiencies found in the submitted manual within 30 calendar days following notification of the deficiencies'. 3. Manuals shall be customized to describe the equipment actually furnished, and shall not include extraneous data for models, options, or sizes not furnished. a. Where more than one model, option, or size of an equipment type is furnished, clearly indicate the information pertaining to each model, option, or size furnished. b. Manufacturer's preprinted literature may be accepted provided it has been customized to clearly indicate the models,options, and sizes actually furnished, and that equipment models not furnished have been clearly crossed out or deleted. 4. Assemble each copy of the manual in one or more three-ring, hardback type binders. a. Clearly label each binder to designate the system or equipment for which it is intended with reference to the building and equipment number, and the Specification section where the equipment is specified'. b. Provide each binder with title page,typed table of contents with page numbers, and heavy section dividers with numbered plastic index tabs. C. Divide each manual into sections paralleling the equipment Specifications. 01700—Page 4 of 8 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01700.doc July 9,2015 SECTION 01700 DIVISION 1 - GENERAL REQUIREMENTS CONTRACT CLOSEOUT d. Where more than one binder is required, they shall be labeled "Vol.;1",`"Vol. 2", and so on. Place the table of contents for the entire set, identified by volume number, in each binder. e. Submit manual organization and format to Engineer for approval prior to manual preparation. f. Punch all data for binding and composition; arrange printing so that punching holes do not obliterate data. 5. Material in manuals shall be suitable for photographic reproduction. Where copies of identical material are included, clarity and quality of copies shall equal the original. C. Contents: Each manual shall be complete in all respects for equipment, controls, accessories, and associated appurtenances, and shall include the following: 1 Diagrams and illustrations. 2 Detailed description of the function of each principal component of the system. 3. Performance and nameplate data. 4. Installation instructions. 5. Procedure for starting. 6. Proper adjustment. 7. Test procedures and results of factory tests where required. 8. Procedure for operating. 9 Shutdown instructions for both short and extended durations. 10. Emergency operating instructions and trouble-shooting guide. 11. Safety precautions. 12. Maintenance and overhaul instructions, illustrated with detailed assembly drawings showing each part with part numbers and sequentially numbered parts list. Include instructions for ordering spare parts, and complete preventive maintenance and overhaul instructions required to ensure satisfactory performance and longevity of the equipment. 13. Lubrication instructions and diagrams showing points to be greased or oiled; recommend type, grade, and temperature range of lubricants and frequency of lubrication; see paragraph MAINTENANCE SUMMARY FORMS. 14. List of electrical relay settings and control and alarm contact settings. 15. Electrical interconnection wiring diagram for equipment furnished, including all control and lighting systems. 16. Results of field functional and performance tests as required under Article CONTRACT CLOSEOUT SUBMITTALS. 17. Results of any factory tests. 01700—Page 5 of 8 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01700.doc July9,2015 SECTION 01700 DIVISION 1 - GENERAL REQUIREMENTS CONTRACT CLOSEOUT 1`8. See Section 01640, MANUFACTURERS SERVICES;Section 11080, EQUIPMENT AND SPECIALTIES; Section 13705, PROCESS INSTRUMENTATION AND CONTROLS; and Division 16, ELECTRICAL, for additional specific O & M Manual requirements. D. Maintenance Summary Forms: 1 In addition to the O& M Manuals, provide Maintenance Summaries in a format of the form approved by the Owner; submit at same time as prescribed above for the OPERATION AND MAINTENANCE(O&M) MANUALS. 2. Compile individual Maintenance Summary Form for each equipment item following the outline approved by the Owner; submit four copies for review by Owner. 3. The term "Maintenance Operation" as used in the TYPICAL MAINTENANCE SUMMARY FORM is defined to mean any routine operation required to ensure the satisfactory performance and longevity of the equipment. Examples of typical Maintenance Operations are lubrication, belt tensioning, adjustment of pump packing glands, and routine adjustments. 4. The Maintenance' Summary may take as many pages as required; however, the order and format approved by the Owner must be adhered to. Use only 8-1/2-inch by'11-inch paper. E. The Contractor shall provide documents and certificates, including the following. 1. Shop Drawings and product data. 2. Certificates.' 3. Photocopies of warranties and bonds. F. The Contractor shall submit one copy of the completed volumes in final form with his request for final inspections. This copy will be returned iafter final inspection, with the Engineer comments. The Contractor shall revise'the content of the documents as required and, within ten days, submit four (4) final sets bound in 8 Y x 11'-inch ;pages in binders with durable plastic covers. 1.07 WARRANTIES, BONDS AND AFFIDAVITS A. The Contractor shall submit all written warranties, bonds, and affidavits, along with notarized copies, as required to the Owner prior to final payment. 01700—Page 6 of 8 N:\0417\063\Designbocs\Specs-Phase 20vision 1\01700.doc July 9,2015 SECTION 01700 DIVISION 1 - GENERAL REQUIREMENTS CONTRACT CLOSEOUT B. Warranties shall extend for the full period of the required guarantee period after: 1. Replacement of work found defective during guarantee period. 2. Repair of inoperative items or adjustments to proper working condition of items not operating properly at time of final inspection. C. The Contractor shall execute and assemble documents from all subcontractors, suppliers, and manufacturers. D. The Contractor shall submit four (4) sets prior to the application for final payment, bound in 8 Y2 x 11-inch pages, in binders with durable plastic covers. The binder shall be provided with a printed title "WARRANTIES, BONDS AND AFFIDAVITS" and the project title. E. For Items of Work delayed beyond the date of Substantial Completion, the Contractor shall provide an updated submittal within ten days after acceptance, listing the date of acceptance as the start of warranty period. 1.08 FINAL INSPECTION A. The Contractor shall request a final inspection in writing prior to the anticipated date of completion. B. Work will not be.considered ready for final inspection until it has been completed and the Contractor has certified that all items are properly operating and in strict compliance with the Contract Documents. C. The Contractor or his project supervisor shall be at the job-site during the final inspection. D. The Engineerwill present to the Contractor, afterthe final inspection, a list of any items not meeting contract requirements. This list will be confirmed in writing by the Engineer and all items on it must be made acceptable before final payment will be made. PART 2 PRODUCTS 2.01 ACCESSORIES A. Furnish to Owner, upon acceptance of equipment, all accessories required to place each item of equipment in full operation including, but not limited to, hydrant wrenches, valve keys, special tools, adequate oil and grease as required for first lubrication of equipment (after field testing), light bulbs, fuses, handwheels,"chain operators, and other items as required for initial operation. 01700—Page 7 of 8 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01700.doc July 9,2015 SECTION 01700 DIVISION 1 - GENERAL REQUIREMENTS CONTRACT CLOSEOUT B. Extra Materials: 1': Furnish, tag, and box for shipment and storage the spare parts, special tools, and other extra materials; specified in the individual Specification sections. 2. Deliver all extra materials prior to 90 percent project completion to the project site. 3. Notify Engineer upon arrival of extra materials. 2.02 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, and maintenance materials in quantities specified in individual specifications sections, in addition to that used for construction of Work. Coordinate with Owner, deliver to Owner and obtain receipt'prior to final payment. B. Parts and materials shall be furnished in manufacturer's unopened cartons, boxes, crates or other protective covering suitable for preventing corrosion or deterioration`for the maximum length of istorage which may be normally anticipated. They shall be clearly marked'and identified for each individual piece of equipment on which the part will be used. C. Parts and materials shall be delivered to the Owner upon completion of the work or when the Owner assumes delivery of equipment. Contractor shall then place them in permanent storage rooms or areas approved by the Owner.: D. Provide a letter of transmittal including the following: 1. Date of letter and transfer of parts and materials. 2. Contract title and inumber. 3. Contractor's name and address. 4. A complete inventory of the parts and material, listing the applicable specification section for each. 5. A place for the Owner to sign and signify receipt of the parts and materials. E. Contractor shall be fully responsible for loss or damage to parts and materials until they are transmitted to the Owner. PART 3 EXECUTION (Not'Used) END OF SECTION 01700 01700—Page 8 of 8 NA0417\063\Design Docs\Specs-Phase 20vision 1\01700.doc 6 July 9,2015 SECTION 01770 DIVISION 1 GENERAL REQUIREMENTS SUBSTANTIAL COMPLETION PART1 GENERAL 1.01 SECTION INCLUDES A. General Application and Definition B. Certificate of Substantial Completion 1.02 GENERAL APPLICATION AND DEFINITION Except as noted herein, substantial completion shall be in accordance with the General Conditions and any related Supplementary Conditions. The warranty period for the work deemed to be substantially complete shall begin on the date identified on that completed Certificate of Substantial Completion. Contract time will continue to run until the Certificate of Substantial Completion for all work has been issued. In addition to the above requirements, completion, installation, and acceptance of all infrastructure improvements, acceptance of all surface restoration, and general clean-up shall be required to attain project substantial completion. The final completion inspection and project review for this project will be conducted by the Engineer and the Owner. There will be a single Substantial Completion document required for each group of schedules identified under each Contract. The warranty period will begin at the issuance date of the Substantial Completion document representing all schedules covered under Contract. There will not be individual warranty periods for each schedule or portions thereof of this project. 1.03 CERTIFICATE OF SUBSTANTIAL COMPLETION. (Form included in Miscellaneous Forms of this Project Manual) PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION 01770 01770—Page 1 of 1 N:\0417\063\Design Docs\Specs-Phase 20vision 1\01770.doc 7/9/2015 SECTION 260519 LOW-VOLTAGE ELECTRICAL POWER SECTION 26 - ELECTRICAL CONDUCTORS AND CABLES PART1 _ GENERAL 1.01 RELATED DOCUMENTS A. Drawings and ,general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.02 SUMMARY A. Section Includes: 1 Building wires and cables rated 600 V and less. 2. Connectors, splices, and terminations rated 600 V and less. 1.03 ACTION SUBMITTALS A. Product Data: For each type of product. PART 2 PRODUCTS 2.01 CONDUCTORS AND CABLES_ A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. Alcan Products Corporation; Alcan Cable Division. 2. Alpha Wire. 3.` Belden Inc. 4. Encore Wire Corporation. 5. General Cable Technologies Corporation. 6. Southwire Incorporated. B. Copper Conductors: Comply with NEMA WC 70/ICEA S-95-658. C. Conductor Insulation: Comply with NEMA WC 70/ICEA S-95-658 for Type THW-2 Type THHN-2-THWN-2 Type XHHW-2 Type OF Type USE and Type SO. 2.02 CONNECTORS AND SPLICES A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. AFC Cable Systems, Inc. 260519 - Page 1 of 3 N:\0417\063\Design Docs\Specs-Phase 2\Electrical\260519 FL-LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES.doc 7/9/15 SECTION 260519 LOW-VOLTAGE ELECTRICAL POWER SECTION 26 ELECTRICAL CONDUCTORS AND CABLES 2. Gardner Bender. 3. Hubbell Power Systems, Inc. 4. Ideal Industries, Inc. 5. Ilsco; a branch of Bardes Corporation. 6. NSi Industries LLC. 7. O-Z/Gedney; a brand of the EGS Electrical Group. 8. 3M: Electrical Markets Division. 9 Tyco Electronics. B. Description: Factory-fabricated connectors and splices of size,'ampacity rating, material, type, and class for application and service indicated. 1. SYSTEM DESCRIPTION a. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. b. Comply with NFPA 70. C. EXECUTION 1.. CONDUCTOR MATERIAL APPLICATIONS a. Feeders: Copper Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger. b. Branch Circuits:' Copper. Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger. 2 CONDUCTOR INSULATION AND MULTICONDUCTOR CABLE APPLICATIONS AND WIRING METHODS a. Service Entrance: Type THHN-2-THWN-2 single conductors in raceway. b. Feeders: Type THHN-2-THWN-2, single conductors in raceway C. Branch Circuits: Type THHN-2-THWN-2, single conductors in raceway 3`. INSTALLATION OF CONDUCTORS AND CABLES a. Complete raceway installation between conductor and cable termination points according to Section 260533 "Raceways and Boxes for Electrical Systems" prior to pulling conductors and cables. b. Use manufacturer-approved pulling compound or lubricant where necessary; compound used must not deteriorate 260519 - Page 2 of 3 N:\0417\063\Design Docs\Specs-Phase 2\Electrical\260519 FL LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES.doc 719/15 SECTION 260519 LOW-VOLTAGE ELECTRICAL POWER SECTION 26 ELECTRICAL CONDUCTORS AND CABLES conductor or insulation. Do not exceed manufacturer's recommended maximum pulling tensions and sidewall pressure values. C. Use pulling means, including fish tape, cable, rope, and basket-weave wire/cable grips, that will not damage cables or raceway. d. Install exposed cables parallel and perpendicular to surfaces of exposed structural members, and follow surface contours where possible. 4. CONNECTIONS a. Tighten electrical connectors and terminals according to manufacturer's published torque-tightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A-486B. b. Make splices, terminations, and taps that are compatible with conductor material and that possess equivalent or better mechanical strength and insulation ratings than unspliced conductors. C. Wiring at Outlets: Install conductor at each outlet, with at least 6 inches (150 mm) of slack. 5. IDENTIFICATION a. Identify and color-code conductors and cables according to Section 260553 "Identification for Electrical Systems." b. Identify each spare conductor at each end with identity number and location of other end of conductor, and identify as spare conductor. 6. FIELD QUALITY CONTROL a. Perform the following tests and inspections: i. Perform each visual and mechanical inspection stated in NETA Acceptance Testing Specification. Certify compliance with test parameters. b. Cables will be considered defective if they do not pass tests and inspections. END OF SECTION 260519 260519 - Page 3 of 3 NA0417\0 Mesign Docs\Specs-Phase 2\Electrical\260519 FL-LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES.doc 7/9/15 SECTION 260526 GROUNDING AND BONDING SECTION 26 ELECTRICAL FOR ELECTRICAL SYSTEMS PART1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.02 SUMMARY A. Section Includes: Grounding systems and equipment. 1.03 ACTION SUBMITTALS A. Product Data: For each type of product indicated. 1.04 INFORMATIONAL SUBMITTALS A. Informational Submittals: Plans showing dimensioned as-built locations of grounding features specified in "Field Quality Control" Article, including the following: 1 Ground rods. B. Field quality-control reports. 1.05 CLOSEOUT SUBMITTALS A. Operation and Maintenance Data: For grounding to include in emergency, operation, and maintenance manuals. In addition to items specified in Section 017823 "Operation and Maintenance Data," include the following: 1.06 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Comply with UL 467 for grounding and bonding materials and equipment. PART 2 PRODUCTS 2.01 CONDUCTORS A. Insulated Conductors: Copper] wire or cable insulated for 600 V unless otherwise required by applicable Code or authorities having jurisdiction. 260526 - Page 1 of 6 N:\0417\063\Design Docs\Specs-Phase 2\Electrical\260526 FL-GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS.doc 7/9/15 SECTION 260526 GROUNDING AND BONDING SECTION 26 ELECTRICAL FOR ELECTRICAL SYSTEMS B. Bare Copper Conductors: 1. Solid Conductors: ASTM'B 3. 2 Stranded Conductors: ASTM B 8. 3. Tinned Conductors: ASTM B 33. 4 Bonding' Cable: 28' kcmil, 14 strands of No. 17iAWG conductor,' 1/4 inch (6 mm) in diameter. 5 Bonding Conductor:' No. 4 or No. 6 AWG, stranded conductor. 6 Bonding Jumper: Copper tape, braided conductors terminated with copper ferrules; 1-5/8 inches (41 mm) wide and 1/16 inch (1.6 mm) thick. 7`. Tinned Bonding Jumper: Tinned-copper tape,' braided conductors terminated with copper ferrules; 1-5/8 inches (41 'mm) wide and 1/16 inch (1.6 mm) thick. 2.02 CONNECTORS A. Listed and labeled by an NRTL acceptable to authorities having jurisdiction for applications in which used and for specific types, sizes, and combinations of conductors and other items connected. B. Bolted Connectors for Conductors and Pipes: Copper or copper alloy, pressure type with at least two bolts. 1. Pipe Connectors: Clamp type, sized for pipe. C. Welded Connectors: Exothermic-welding kits of types recommended by kit manufacturer for materials being joined and installation conditions. D. Bus-bar Connectors: Mechanical type, cast silicon bronze, solderless compression -type wire terminals, and long-barrel, two-bolt connection to ground bus bar. 2.03 GROUNDING ELECTRODES A. Ground Rods: Copper-clad steel; 3/4 inch by 10 feet (19 mm by 3 m) in diameter. PART 3 EXECUTION 3.01 APPLICATIONS A. Conductors: Install solid conductor for No. 10 AWG and smaller, and stranded conductors for No. 8 AWG ' and larger unless otherwise indicated. 260526 - Page 2 of 6 N:\0417\063\Design Docs\Specs-Phase 2\Electrical\260526 FL-GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS.doc 7/9/15 SECTION 260526 GROUNDING AND BONDING SECTION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS B. Underground Grounding Conductors: Install bare tinned-copper conductor, No. 2/0 AWG minimum. 1.Bury at least 24 inches (600 mm) below grade. C. Conductor Terminations and Connections: 1. Pipe and Equipment Grounding Conductor Terminations: Bolted connectors. 2. Underground Connections: Welded connectors except at test wells and as otherwise indicated. 3. Connections to Ground Rods at Test Wells: Bolted connectors. 4. Connections to Structural Steel: Welded connectors. 3.02 GROUNDING UNDERGROUND DISTRIBUTION SYSTEM COMPONENTS A. Comply with IEEE C2 grounding requirements. B. Grounding Manholes and Handholes: Install a driven ground rod through manhole or handhole floor, close to wall, and set rod depth so 4 inches (100 mm) will extend above finished floor. If necessary, install ground rod before 'manhole is placed and provide No. 1/0 AWG bare, tinned-copper conductor from ground rod into manhole through a waterproof sleeve in manhole wall. Protect ground rods passing through concrete floor with a double wrapping of pressure-sensitive insulating tape or heat-shrunk insulating sleeve from 2 inches (50 mm) above to 6 inches (150 mm) below concrete. Seal floor opening with waterproof, nonshrink grout. C. Grounding Connections to Manhole Components: Bond exposed-metal parts such as inserts, cable racks, pulling irons, ladders, and cable shields within each manhole_or handhole, to ground rod or grounding conductor. Make connections with No. 4 AWG minimum, stranded, hard-drawn copper' bonding conductor. Train conductors level or plumb around corners and fasten to manhole walls. Connect to cable armor and cable shields:according to written instructions by manufacturer of splicing and termination kits. D. Pad-Mounted Transformers and Switches: Install two ground rods and ground ring around the pad. Ground pad-mounted equipment and noncurrent-carrying metal items associated with substations by connecting them to underground cable and grounding electrodes. Install tinned- copper conductor not less than No. 2 AWG for ground ring and for taps to equipment grounding terminals. Bury ground ring not less than 6 inches (150 mm) from the foundation. 260526 - Page 3 of 6 N:\0417\063\Design Docs\Specs-Phase 2\Electrical\260526 FL-GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS.doc 7/9/15 SECTION 260526 GROUNDING AND BONDING SECTION 26—'ELECTRICAL FOR ELECTRICAL SYSTEMS 3.03 EQUIPMENT GROUNDING A. Install green insulated equipment grounding conductors with all feeders and branch circuits. B. Isolated Equipment Enclosure Circuits: For designated equipment supplied by a branch circuit or feeder, where the equipment enclosure is isolated from the supply circuit with a nonmetallic raceway, install a fitting listed for the purpose, where 'raceway enters enclosure, and bond to the insulated equipment grounding conductor. Bond the conductor to the isolated equipment enclosure, and terminate at the equipment grounding conductor terminal of the applicable derived system or service unless otherwise indicated. C. Poles Supporting Outdoor Lighting Fixtures: DO NOT install a grounding electrode and a separate insulated equipment grounding conductor at these locations. Bond the equipment grounding conductor installed with branch-circuit conductors to the grounding terminal at the pole base. 3.04 INSTALLATION A. Grounding Conductors: Route along shortest and straightest paths possible unless otherwise indicated or required by Code. Avoid obstructing access`or placing conductors where they may be subjected to strain, impact, or damage. B. Ground Rods: Drive rods until tops are 2 inches (50 mm)' below finished floor or final grade unless otherwise indicated. 1 Interconnect ground rods with ;grounding electrode conductor below grade and as otherwise indicated. Make connections without exposing steel or damaging coating if any. 2. For grounding electrode 'system, install at least 2 rods spaced at least one-rod length from each other and located at least the same distance from other grounding electrodes, and connect to the service grounding electrode conductor. C. Bonding Straps and Jumpers: Install in locations accessible for inspection and maintenance except where routed through short lengths of conduit. 1. Bonding to Structure: Bond straps directly to basic structure, taking care not to penetrate any adjacent parts. 2 Bonding; to Equipment Mounted on Vibration Isolation Hangers and Supports: Install bonding so vibration is not transmitted to rigidly mounted equipment. 260526 - Page 4 of 6 N:\0417\063\Design Docs\Specs-Phase 2\Electrical\260526 FL-GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS.doc 7/9/15 SECTION 260526 GROUNDING AND BONDING SECTION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 3. Use exothermic-welded connectors for outdoor locations; if a disconnect-type connection is required, use a bolted clamp. D. Ufer Ground (Concrete-Encased Grounding Electrode): Fabricate according to NFPA 70, and as detailed on drawings. If drawing does not provide Ufer ground detail install the grounding electrode as defined below: 1. Use a minimum of 20 feet (6 m) of bare copper conductor not smaller than No. 4 AWG. 2. If concrete foundation is less than 20 feet (6 m) long, coil excess conductor within base of foundation. 3. Bond grounding conductor to reinforcing steel in at least four locations and to anchor bolts. Extend grounding conductor below grade and connect to 'building's grounding grid or to grounding electrode external to concrete. E. Structural Steel: When available, bond structural steel to grounding electrode system, according to NFPA 70. 3.05 FIELD QUALITY CONTROL A. Perform tests and inspections. B. Tests and Inspections: 1 After installing grounding system but before permanent electrical circuits have been energized, test for compliance with requirements. 2. Inspect physical and mechanical condition. Verify tightness of accessible, bolted, electrical connections with a calibrated torque wrench according to manufacturer's written instructions. 3. Test completed grounding system at each location where a maximum ground-resistance level is specified, at service disconnect enclosure grounding terminal, and at individual ground rods. Make tests at ground rods before any conductors are connected. a. Measure ground resistance no fewer than two full days after last trace of precipitation and without soil being moistened by any means other than natural drainage or seepage and without chemical treatment or other artificial means of reducing natural ground resistance. b. Perform tests by fall-of-potential method according to IEEE 81. 260526 - Page 5 of 6 W0417\0630esign Docs\Specs-Phase 2\Electrical\260526 FL-GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS.doc 7/9/15 SECTION 260526 GROUNDING AND BONDING SECTION 26 ELECTRICAL FOR ELECTRICAL SYSTEMS C. Grounding system will be considered defective if it does i not pass tests and inspections. D. Report measured ground resistances that exceed 25 ohms to ground. E. Excessive Ground Resistance: If resistance to ground exceeds specified values, notify Architect promptly and include recommendations to reduce ground resistance. END OF SECTION 260526 260526 - Page 6 of 6 N:X0417\063\Design Docs\Specs-Phase 2\Electrical\260526 FL-GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS.doc 7/9/15 SECTION 260533 RACEWAYS AND BOXES SECTION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS PART1 GENERAL 1.01 RELATED DOCUMENTS_ A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.02 SUMMARY A. Section Includes: 1 Metal conduits, tubing, and fittings. 2. Nonmetal conduits, tubing, and fittings. 3. Handholes and boxes for exterior underground cabling. 1.03 DEFINITIONS A. ARC: Aluminum rigid conduit. B. GRC: Galvanized rigid steel conduit. C. IMC: Intermediate metal conduit. 1.04 ACTION SUBMITTALS A. Product Data: For surface raceways, wireways and fittings, floor boxes, hinged-cover enclosures, and cabinets. PART 2 PRODUCTS 2.01 METAL CONDUITS, TUBING, AND FITTINGS A. Manufacturers: Subject to compliance with requirements, available manufacturers offering`'products that may be incorporated into the Work include, but are not limited to, the following: 1.' AFC Cable Systems, Inc. 2. Allied Tube &'Conduit; a Tyco International Ltd. Co. 3. Anamet Electrical Inc. 4. Electri-Flex Company. 5. O-Z/Gedney;'a brand of EGS Electrical Group. 6. Picoma Industries, a subsidiary of Mueller Water Products, Inc. 7.' Republic Conduit. 8. Robroy Industries. 9. Southwire Company. 10. Thomas & Betts Corporation. 11. Western Tube and Conduit Corporation. 260533 - Page 1 of 10 NA0417\0630esign Docs\Specs-Phase 2\Electrical\260533 FL-RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS.doc 7/9/15 SECTION 260533 RACEWAYS AND BOXES SECTION 26 ELECTRICAL FOR ELECTRICAL SYSTEMS 12. Wheatland Tube Company; a division of John Maneely Company. B. Listing and Labeling: Metal conduits, tubing, and fittings shall be listed and labeled as defined in NFPA 70, by '!a qualified testing agency, and marked for intended location and application. C. GRC: Comply with ANSI C80.1 and UL 6 D. ARC: Comply with ANSI' C80.5 and UL 6A. E. IMC: Comply with ANSI C80.6 and UL 1242. F.` PVC-Coated Steel Conduit: PVC-coated rigid steel conduit . 1 Comply with NEMA RN 1. 2. Coating Thickness: 0.040 inch (1 mm), minimum. G. EMT: Comply with ANSI C80.3 and UL 797. H. FMC: Comply with UL 1; zinc-coated steel or aluminum. I. LFMC: Flexible steel conduit with PVC jacket and complying with UL 360. J. Fittings for Metal Conduit: Comply with NEMA FB 1 and UL 51413. 1. Conduit Fittings for Hazardous (Classified) Locations: Comply with UL 886 and NFPA 70. 2. Fittings for EMT: a. Material: Steel b. Type': Setscrew. 3. Expansion Fittings: PVC or steel to match conduit type, complying with UL 651, rated for environmental conditions where' installed, and including flexible external bonding jumper.' 4. Coating for Fittings for PVC-Coated Conduit: Minimum thickness of 0.040 inch (1 mm), with overlapping sleeves protecting' threaded joints. K. Joint Compound for IMC, GRC, or ARC: Approved, as defined in NFPA 70, by authorities having jurisdiction for use in conduit assemblies, and compounded for use to lubricate and protect threaded conduit joints from corrosion and to enhance their'conductivity. 260533 - Page 2 of 10 N:\0417\063\Design Docs\Specs-Phase 2\Electrical\260533 FL RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS.doc 7/9115 SECTION 260533 RACEWAYS AND BOXES SECTION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 2.02 NONMETALLIC CONDUITS, TUBING, AND FITTINGS A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. AFC Cable Systems, Inc. 2. Anamet Electrical, Inc. 3. Arnco Corporation. 4. CANTEX Inc. 5. CertainTeed Corp. 6. Condux International Inc. 7. Electri-Flex Company. 8. Kraloy. 9. Lamson & Sessions; Carlon Electrical Products. 10. Niedax-'Kleinhuis USA Inc. 11. RACO; a 'Hubbell company. 12. Thomas &Betts Corporation. B. Listing and Labeling: Nonmetallic 'conduits, tubing, and fittings shall be listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. C. ENT: Comply with NEMA TC 13 and UL 1653. D. RNC: Type EPC-40-PVC or Type EPC-80-PVC, complying with NEMA TC 2 and UL 651 unless otherwise indicated. E. LFNC: Comply with UL 1660. F. Rigid HDPE: Comply with UL 651A. G. Continuous HDPE: Comply with UL 651 B. H. RTRC: Comply with UL'1684A and NEMA TC 14. I. Fittings for ENT and_RNC: Comply with NEMA TC 3; match to conduit or tubing type and material. J. Fittings for LFNC: Comply with UL 514B. 2.03 HANDHOLES AND BOXES FOR EXTERIOR UNDERGROUND WIRING A. General Requirements for Handholes and Boxes: 260533 - Page 3 of 10 N:\0417\063\Design Docs\Specs=Phase 2\Electrical\260533 FL-RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS.doc 719/15 SECTION 260533 RACEWAYS AND BOXES SECTION 26 ELECTRICAL FOR ELECTRICAL SYSTEMS 1 Boxes and handholes for use in underground systems shall be designed and identified as defined in NFPA 70, for intended location and; application. 2. Boxes installed in wet areas 'shall be listed and labeled as defined in NFPA 70 by a qualified testing agency, and marked for intended location and application. B. Fiberglass Handholes and Boxes: Molded of fiberglass-reinforced polyester resin, with frame and covers of polymer concrete. 1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. Armorcast Products Company. b. Carson Industries LLC'. C. CDR Systems Corporation; Hubbell Power Systems. d. NewBasis. e. Nordic Fiberglass, Inc. f. Oldcastle Precast, Inc.; Christy Concrete Products. g. Synertech Moulded Products; a division of Oldcastle Precast, Inc. 2. Standard: Comply with SCTE 77. 3. Configuration: Designed for flush burial with open bottom unless otherwise indicated. 4. Cover: Weatherproof, secured by tamper-resistant locking devices and having; structural load 'rating consistent with enclosure and handhole location. 5. Cover Finish: Nonskid finish shall have a minimum coefficient of friction of 0.50. 6. Cover Legend: Molded lettering, "ELECTRIC." Or °COM" as indicated on drawings. 7. Conduit Entrance Provisions: Conduit-terminating fittings shall mate with entering ducts for secure, fixed installation in enclosure wall. 8. Handholes 12 Inches Wide by 24' Inches Long (300 mm Wide by 600 mm Long) and Larger: Have inserts for cable racks and pulling-in irons installed before concrete is poured. 260533 - Page 4'of 10 N:\0417\063\Design Docs\Specs-Phase 2\Electrical\260533 FL RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS:doc 719/15 SECTION 260533 RACEWAYS AND BOXES SECTION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS PART 3 EXECUTION 3.01 RACEWAY APPLICATION A. Outdoors: Apply raceway products as specified below unless otherwise indicated: 1 Exposed Conduit: GRC 2 Concealed Conduit,Aboveground: EMT . 3. Underground Conduit: RNC, Type EPC-40-PVC in fine bedded trench. 4. Under roadways and paved or concrete walkways: Type EPC-80- PVC in fine bedded trench. 5. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor-Driven Equipment): LFMC . 6 Boxes and Enclosures, Aboveground: NEMA 250, Type 3R . B. Minimum Raceway Size: 3/4-inch (21-mm) trade size. C. Raceway Fittings: Compatible with raceways and suitable for use and location. 1 Rigid and Intermediate Steel Conduit: Use threaded rigid steel conduit fittings unless otherwise indicated. Comply with NEMA FB 2.10. 2 PVC Externally Coated, Rigid Steel Conduits: Use only fittings listed for use with this type of conduit. Patch and seal all joints, nicks, and scrapes in PVC coating after installing conduits and fittings. Use sealant recommended by fitting manufacturer and apply in thickness and number of coats recommended by manufacturer. 3. EMT: Use setscrew , steel fittings. Comply with NEMA FB 2.10. 4. Flexible Conduit: Use only fittings listed for use with flexible conduit. Comply with NEMA FB 2.20. D. I Install nonferrous conduit or tubing for circuits operating above 60 Hz, and for protecting bare grounding conductors. Where aluminum raceways are installed for such circuits and pass through concrete, install in nonmetallic sleeve.' E. Do not install aluminum conduits, boxes, or fittings in contact with concrete or earth. F. Install surface raceways only where indicated on Drawings. 260533 - Page 5 of 10 NA0417\0630esign Docs\Specs-Phase 2\Electrical\260533 FL-RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS.doc 7/9/15 SECTION 260533 RACEWAYS AND BOXES SECTION 26- ELECTRICAL FOR ELECTRICAL SYSTEMS G. Do not install nonmetallic conduit where ambient temperature exceeds 120 deg F (49 deg C). 3.02 INSTALLATION A. Comply with NECA 1 and NECA 101 for installation requirements except where requirements on Drawings or in this article are stricter. Comply with NECA 102 for aluminum conduits. Comply with NFPA 70 limitations for types of raceways allowed in specific occupancies and number of floors. B. Keep raceways at least 6 inches (150 mm) away from parallel runs of flues and steam or hot-water pipes. Install horizontal raceway runs above water and steam piping. C. Complete raceway installation before starting conductor installation. D. Comply with requirements in Section 260529 "Hangers and Supports for Electrical Systems" for hangers and supports. E. Arrange stub-ups so curved portions of bends are not visible above finished slab. F. Install no more than the equivalent of three` 90-degree bends in any conduit run except for control wiring conduits, for which fewer bends are allowed. Support within 12 inches (300 mm) of changes in direction. G. Support conduit within' 12 inches (300 mm)of enclosures to which attached. H. Threaded Conduit Joints, Exposed to Wet, Damp, Corrosive, or Outdoor Conditions: Apply listed compound to threads of raceway and fittings before making up joints. Follow compound manufacturer's written instructions. I. Coat field-cut threads on PVC-coated raceway with a corrosion-preventing conductive compound prior to assembly. J. Raceway Terminations at Locations Subject to Moisture or Vibration: Use insulating bushings to protect conductors including conductors smaller than No. 4 AWG. K. Install raceways square to the enclosure and terminate at enclosures with locknuts. Install locknuts hand tight plus 1f4 turn more. 260533 - Page 6 of 10 N:\0417\063\Design Docs\Specs-Phase 2\Electrical\260533 FL RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS.doc 7/9/15 SECTION 260533 RACEWAYS AND BOXES SECTION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS L. Do not rely on locknuts to penetrate nonconductive coatings on enclosures. Remove coatings in the locknut area prior to assembling conduit to enclosure to assure a continuous ground path. M. Cut conduit perpendicular to the length. For conduits 2-inch (53-mm) trade size and larger, use roll cutter or a guide to make cut straight and perpendicular to the length. N. Install pull wires in empty raceways. Use polypropylene or monofilament plastic line with not less than 200-lb (90-kg) tensile strength. Leave at least 12 inches (300 -mm) of slack at each end of pull wire. Cap underground raceways designated as spare above grade alongside raceways in use. 0. Install raceway sealing fittings at accessible locations according to NFPA 70 and fill them with listed sealing compound. For concealed raceways, install each fitting in a flush steel box with a blank cover plate having a finish similar to that of adjacent plates or surfaces. Install raceway sealing fittings according to NFPA 70. P. Install devices to seal raceway interiors at accessible locations. Locate seals so no fittings or boxes are between the seal and the following changes of environments. Seal the interior of all raceways at the following points:` 1. Where conduits pass from warm to cold locations, such as boundaries of refrigerated spaces. 2 Where an underground service raceway enters a building or structure. 3. Where otherwise required by NFPA 70. Q. Comply with manufacturer's written instructions for solvent welding RNC and fittings. R. Expansion-Joint Fittings: 1. Install in each run of aboveground RNC that is located where environmental temperature change may exceed 30 deg F (17 deg C) and that has, straight-run length that exceeds 25 feet (7.6 m). Install in each run of aboveground RMC and EMT conduit that is located where environmental temperature change may exceed 100 deg F (55 deg C) and that has straight-run length that exceeds 100 feet (30 m). 2. Install type and quantity of fittings that accommodate temperature change listed for each of the following locations: 260533 - Page 7 of 10 N:\0 M0630esign Docs\Specs-Phase 2\Electrical\260533 FL-RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS.doc 7/9/15 SECTION 260533 RACEWAYS AND BOXES SECTION 26 ELECTRICAL FOR ELECTRICAL SYSTEMS a. Outdoor Locations Not Exposed to Direct Sunlight: 125 deg F (70 deg C) temperature change. b. Outdoor Locations Exposed to Direct Sunlight: 155 deg F (86 deg C) temperature change. 3 Install fittings) that provide expansion and contraction for at least 0.00041 inch per foot of length of straight run per deg F (0.06 mm per meter of length of straight run per deg C) of temperature change for 'PVC conduits. Install fitting(s) that provide expansion and contraction for at least 0.000078 inch per foot of length of straight run per deg F '(0.0115 mm per meter of length of straight run per deg C) of temperature change for metal conduits. 4. Install expansion fittings at all locations where 'conduits cross building or structure expansion joints. 5 Install each expansion-joint" fitting with position, 'mounting, and piston setting selected according to manufacturer's written instructions'for conditions at specific location at time of installation. Install conduit supports to allow for expansion movement. S. Flexible Conduit Connections: Comply with NEMA RV 3. Use a maximum of 72 inches (1830 mm) of flexible conduit for recessed and semirecessed luminaires, equipment subject to vibration, noise transmission, or movement; and for transformers and motors. 1 Use LFMC in damp or wet' locations subject to severe physical damage. 2. Use LFMC or LFNC in damp or wet locations not subject to severe physical damage. T. Mount 'boxes at heights indicated on Drawings. If mounting heights of boxes are not individually indicated, give priority to ADA requirements. Install boxes with height measured to center of box unless otherwise indicated. U. Locate boxes so that cover or plate will not span different building finishes. 3.03 INSTALLATION OF UNDERGROUND CONDUIT A. Direct-Buried Conduit: 1`. Excavate trench bottom to provide firm and uniform support for conduit. Prepare trench bottom as specified for pipe less than 6 inches (150 mm) in nominal diameter. 2. Install'backfill as specified. 260533 - Page 8 of 10 N:\0417\063\Design Docs\Specs-Phase 2\Electrical\260533 FL-RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS!doc 7/9/15 SECTION 260533 RACEWAYS AND BOXES SECTION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 3. After installing conduit, backfill and compact. Start at tie-in point, and work toward end of conduit run, leaving conduit at end of run free to ; move with expansion and contraction as temperature changes during this process. Firmly hand tamp backfill around conduit to provide maximum supporting strength. After placing controlled backfill to within 12 inches (300 mm) of finished grade, make final conduit connection at end of run and complete backfilling with normal compaction as specified. 4. Install manufactured duct elbows for stub-ups at poles and equipment unless otherwise indicated. Install manufactured rigid steel conduit elbows at building entrances through floor. a. Couple steel conduits to ducts with adapters designed for this purpose. b. For stub-ups at equipment mounted on outdoor concrete bases and where conduits penetrate building foundations, extend steel conduit horizontally a minimum of 60 inches (1500 mm) from edge of foundation or equipment base. Install insulated grounding bushings on terminations at equipment. 5. Underground Warning Tape: Comply with requirements in Section 260553 "Identification for Electrical Systems." 3.04 INSTALLATION OF UNDERGROUND HANDHOLES AND BOXES A. Install handholes and boxes level and plumb and with orientation and depth coordinated with connecting conduits to minimize bends and deflections required for proper entrances. B. Unless otherwise indicated, support units on a level bed of crushed stone or gravel, graded from 1/2-inch (12.5-mm) sieve to No. 4 (4.75-mm) sieve and compacted to same density as adjacent undisturbed earth. C. Elevation: In paved areas, set so cover surface will be flush with finished grade. Set covers of other enclosures 1 inch (25 mm) above finished grade. D. Field-cut openings for conduits according to enclosure manufacturer's written instructions. Cut wall of enclosure with a tool designed for material to be cut. Size holes for terminating fittings to be used, and seal around penetrations after fittings are installed. 3.05 PROTECTION A. Protect coatings, finishes, and cabinets from damage and deterioration. 260533 - Page 9 of 10 N:\0417\0630esign Docs\Specs-Phase 2\Electrical\260533 FL-RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS.doc 7/9115 SECTION 260533 RACEWAYS AND BOXES SECTION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 1 Repair damage to galvanized finishes with zinc-rich paint recommended by manufacturer. 2 Repair damage to PVC coatings or paint finishes with 'matching touchup coating recommended by manufacturer. END OF SECTION 260533 260533 - Page 10 of 10' NA0417\063\Des1gn Docs\Specs-Phase 2\Electrical\260533 FL'-RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS'.doc 7/9/15 i i SECTION 262713 SECTION 26 - ELECTRICAL ELECTRICITY METERING PART1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.02 SUMMARY A. Section includes equipment for electricity metering by utility company. 1.03 ACTION SUBMITTALS A. Product Data: For each type of product indicated. B. Shop Drawings: For electricity-metering equipment. 1. Dimensioned plans and sections or elevation layouts. 1.04 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, ;by a qualified testing agency, and marked for intended location and application. 1.05 COORDINATION A. Electrical Service Connections: Coordinate with utility companies and components they furnish as follows: 1. Comply with requirements of utilities providing electrical power services. 2. Coordinate installation and connection of utilities and services, including provision for electricity-metering components. 3. Comply with Division of Responsibility schedule if provided on the drawings. PART 2 PRODUCTS 2.01 EQUIPMENT FOR ELECTRICITY METERING BY UTILITY COMPANY A. Meter pedestals shall be Milbank CP3B51115A22-SP1 with CP16-PDMT pad base or approved equal. See dimensioned drawings at the end of this section. Pedestal shall include the following integral components: 1. Photocell (Tork 3000 series or equal) 262713 - Page 1 of 2 NA0417\0630esign Docs\Specs-Phase 2\Electrical\262713 FL-ELECTRICITY UTILITY METERING.doc 7/9/15 SECTION 262713 SECTION 26— ELECTRICAL ELECTRICITY METERING 2 Lighting Contactor, sized and rated to accommodate all circuit on panel schedule. 3. HOA switch' B. Meters will be furnished by utility company. C. Current-Transformer Cabinets: Comply with requirements of electrical- power utility company. D. Meter Sockets: Comply with requirements of electrical-power utility company. PART 3 EXECUTION 3.01 INSTALLATION A. Comply with equipment installation requirements in NECA 1. B. Install raceways and equipment according to utility company's written requirements. Provide empty conduits for metering leads and extend grounding connections as required by utility company. END OF SECTION 262713 262713 Page 2 of 2 NA0417\0631Design Docs\Specs-Phase 2\Electrical\262713 FL-ELECTRICITY UTILITY METERING.doc 7/9/15 Y �o a _ 1 zzodQm D_ 00 w G° W`-Uus!K F- n0o. I- c-JW OU W 1m�OW O z� U W:i Ix WLL O N W N ,I Z$ N z wo W p 0 <� �• io Q ❑ i U)VZwQme io in jU E--U ijiI w ¢ Z z Wz o z ° °w �20 0 OW z z o °)� Oz ` N� o w .0 o0 az 2Z �z W nW 2�w v ozo wz92 � Wo� 0 V �2 a2 �Wa oO+ ZW ~ p O aWW m o W a y o m m m ~ CO Fes- a N j OD J U Cl N N�Q L Q v a:� U Q >aa m QNC7 of o00N Z U O LLW O �$♦i i z O W U ULL cm 00 � Z0_J ww M � z oo w�Ww LI) i t oN m�y1. x X . N �. =�0 Umd F-ZZ �xXxx o O i w F->LL .2 O _!PU O Cl)Q w Nag 0 �- w W � co w ) m w J z z i i i z � 0 --- 2 w W � ------ - o co ° ° NN O JN LL O mQm w �zw tn= z CQwwW=O aO F-W>_O Lu} owoow E w :wO zm -JUWO ZLL C i2w OlUa QOOOD 2� LL O �W0Q O Qm � LL Q WHmLL a_mw Zz 00 - z O0 -- O X U •I O in FFFFFFM ocl ® �oz 0 I- 0=0 _ zY O �F-F- U) z C�O O0w aLL 0 ofF-z W F-Wa _LW oO oz 4 W O m ZHO 00 =�o t-i D In w z �..( elz Li z =Z.... 0 z t3i O -�z OF: w F F Q o w ' co D CO 0-12 two �Ol '� Z Oo li tn UZ z i A J O(L FF m OQ ` Jam:, G U. F iZ 0 w o a, =z Q X:. U�: w: O w Q MN Z mi z N 3 zO r O I \¢J p o W 0V-) O w v v �- h I wd J Z_zmpc Nz �?W.d omaz rN �xpw mz �moJ d W W W 0 w BYO TLLI WO MZO � �N �a 00m 4 LFco2 MW w�0 J d � nOz _ JO W w LL OE w� w Wo mm z<0D to Q W I a vs W p 'Q I-: W p v 0 a 1 W UC) I Iwril LLJLLJ z wQO o w I' O' C) P o I m� U LLJ s z I ~ J a N m I F a s 0p m — — N zz I a v �Q' Q. Z w o F p N D-1 gI �oWr a� ( ya W ' . z L v li Z O I LLI nz z F wQ a 0 J o Q ¢C) Lo w w C) U a Z w W W I i I UZ v LLJ I N i I �Q W __---- --------- -- -- 0 W QLt : ®.i. G Q. Q. m Q p C m OQ m FFF V Q Q F tp w l Y h o ¢.Om d.mz� W w ccr i aS to X Z 1 * L UWE- Ern=00= Q0 Zz Um �Q LLJ o z maw Q ra Z :2 o M� Na0 zO o w I' 0 z U Q m C)F � I �C) m Q"U d ) N W 04�0- �N SECTION 265600 SECTION 26- ELECTRICAL EXTERIOR LIGHTING PART1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Exterior luminaires with lamps and ballasts. 2. Poles and accessories. 1.02 STRUCTURAL ANALYSIS CRITERIA FOR POLE SELECTION A. Dead Load: Weight of luminaire and its horizontal and vertical supports, lowering devices, and supporting structure, applied as stated in AASHTO LTS-4-M. B. Live Load: Single load of 500 -lbf (2224 N), distributed as stated in AASHTO'LTS-4-M. C. Ice Load: Load of 3 Ibf/sq. ft. (145 Pa), applied as stated in AASHTO LTS-4-M Ice Load Map. D. Wind Load: Pressure of wind on pole and luminaire and banners and banner arms, calculated and applied as stated in AASHTO LTS-4-M. 1. Basic wind speed for calculating wind load for poles 50 feet (15 m) high or less is 100 mph (45 m/s). a. Wind Importance Factor: 1.0. b. Minimum Design Life: 25 years. C. ;Velocity Conversion Factors: 1.0. 1.03 ACTION SUBMITTALS A. ` Product Data: For each luminaire, pole, and support component, arranged in order of lighting unit designation. Include data on features, accessories, and finishes. B. Shop Drawings: Anchor-bolt templates keyed to specific poles and certified by manufacturer. 1.04 QUALITY ASSURANCE - A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Comply with IEEE C2, "National Electrical Safety Code." 265600 - Page 1 of 8 NA0417\0630esign Docs\Specs-Phase 2\Electrical\265600 SF-EXTERIOR LIGHTING.DOC 7/9/15 SECTION 265600 SECTION 26 ELECTRICAL EXTERIOR LIGHTING C. Comply with NFPA 70. PART 2 PRODUCTS' 2.01 MANUFACTURERS A. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, product(s) indicated on Drawings. Any substations for 3rd party lamp shall provide a sample and photometric calculations prior to being approved. 2.02 GENERAL REQUIREMENTS FOR LUMINAIRES A. Luminaires shall comply with UL 1598 and be listed and labeled for installation in wet locations by an NRTL acceptable to authorities having jurisdiction. B. Lateral Light Distribution Patterns: Comply with IESNA RP-8 for parameters of lateral light distribution patterns indicated for luminaires. C. Metal Parts: Free of burrs and sharp corners and edges. D. Sheet Metal Components: Corrosion-resistant aluminum unless otherwise indicated. Form and support to prevent warping and sagging. E. Housings: Rigidly formed, weather- and light-tight enclosures that will not warp, sag, or deform in use. Provide filter/breather for enclosed luminaires. F. Doors, Frames, and Other Internal Access: Smooth operating, free of light leakage under operating conditions, and designed' to permit relamping without use of tools. Designed to prevent doors, frames, lenses, diffusers, and other components from falling accidentally during relamping and when secured in operating position. Doors shall be removable'for cleaning or replacing lenses. Designed to disconnect ballast when door opens. G. Exposed Hardware Material: Stainless steel. H. Plastic Parts: High resistance to yellowing and other changes due to aging, exposure to heat, and UV radiation. I. Light Shields: Metal baffles, factory installed and field adjustable, arranged to block light distribution to indicated portion of normally illuminated area or field. J. Reflecting surfaces shall have minimum reflectance as follows unless otherwise indicated: 265600 - Page 2 of 8 NA0417\063\Design Docs\Specs-Phase 2\Electrical\265600 SF'-EXTERIOR LIGHTING.DOG 7/9/15 SECTION 265600 SECTION 26 ELECTRICAL EXTERIOR LIGHTING 1. ;White Surfaces: 85 percent. 2. Specular Surfaces: 83 percent. 3. Diffusing Specular Surfaces: 75 percent. K. Lenses and Refractors Gaskets: Use heat- and aging-resistant resilient gaskets to seal and cushion lenses and refractors in luminaire doors. L. Luminaire Finish: Manufacturer's standard paint applied to factory- assembled and -tested luminaire before shipping. Where indicated, match finish process and color of pole or support materials. M.` Factory-Applied Finish for Steel Luminaires: Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations for applying and designating finishes. 1. Surface Preparation: Clean surfaces to comply with SSPC-SP 1, "Solvent Cleaning," to remove dirt, oil, grease, and other contaminants that could impair paint bond. Grind welds and polish surfaces to a smooth, even finish. Remove mill scale and rust, if present, from uncoated steel, complying with SSPC- SP 5/NACE No.'1, "White Metal Blast Cleaning," or SSPC-SP 8, "Pickling." 2. Exterior Surfaces: Manufacturer's standard finish consisting of one or more coats of primer and two finish coats of high-gloss, high- build polyurethane enamel. a. Color: As selected from manufacturer's standard catalog of colors. N. Factory-Applied Labels: Comply with UL 1598. Include recommended lamps and ballasts. Labels shall be located where they will be readily visible to service personnel, but not seen from normal viewing angles when lamps are in place. 1. Label shall include the following lamp and ballast characteristics: a. "USES ONLY" and include specific lamp type. b. Lamp tube configuration (twin, quad, triple), base type, and nominal wattage for compact fluorescent luminaires. C. Lamp type, wattage, bulb type (ED17, BD56, etc.) and coating (clear or coated)for HID luminaires. d. Start type , (preheat, rapid start, instant start) compact fluorescent luminaires. e. ANSI ballast type (M98, M57, etc.) for HID luminaires. f. CCT and CRl for all luminaires. 265600 - Page 3 of 8 NA0417\0630esign Docs\Specs-Phase 2\Electrical\265600 SF-EXTERIOR LIGHTING.DOC 7/9/15 SECTION 265600 SECTION 26— ELECTRICAL EXTERIOR LIGHTING 2.04 LED ASSEMBLIES A. Products UL rated for 40 degree C (104 degrees F) ambient environments B. Minimum 4000K color temperature unless noted otherwise in the drawings C. 100,000 hour fixture life including driver, 5 year warranty D. All products compliant with IESNA LM-79 and LM-80 standards. 2.05 GENERAL REQUIREMENTS FOR POLES AND SUPPORT COMPONENTS A. Structural Characteristics: Comply with AASHTO LTS-4-M. 1 Wind-Load Strength of Poles: Adequate at indicated heights above grade without failure, permanent deflection, or whipping in steady winds of speed indicated in "Structural Analysis Criteria for Pole Selection" Article. 2 Strength Analysis: For each pole, multiply the actual equivalent projected area of luminaires and brackets by a factor of 1.1 to obtain the equivalent projected area to be used in pole selection strength analysis. B. Luminaire Attachment Provisions: Comply with luminaire manufacturers' mounting requirements. '' Use stainless-steel fasteners and mounting bolts unless otherwise indicated. C. Mountings, Fasteners, and Appurtenances: Corrosion-resistant items compatible with support components. 1'. Materials: Shall not cause galvanic action at contact points. 2. Anchor Bolts, Leveling Nuts, Bolt Caps, and Washers: Hot-dip galvanized after fabrication unless otherwise indicated. 3. Anchor-Bolt Template: Plywood or steel. D. Handhole: Oval-shaped, with minimum clear opening of 2-1/2 by 5 inches (65 by 130 mm), with cover secured by stainless-steel captive screws. E. Concrete Pole Foundations: Cast in place, with anchor bolts to match pole-base flange. F. Power-Installed Screw; Foundations: Factory fabricated by pole manufacturer, with structural steel complying with ASTM A 36/A 36M and hot-dip galvanized according to ASTM A 123/A 123M; and with top-plate and mounting bolts to match pole base flange and strength required to support pole', luminaire, and accessories. 265600 - Page 4 of 8 NA0 41 710 6 31Design Docs\Specs-Phase 2\Electrical\265600 SF-EXTERIOR LIGHTING.DOG 7/9115 SECTION 265600 SECTION 26 - ELECTRICAL EXTERIOR LIGHTING G. Breakaway Supports: Frangible breakaway supports, tested by an independent testing agency acceptable to authorities having jurisdiction, according to AASHTO LTS-4-M. Provide a seamless skirt by the pole manufacturer to conceal breakaways. 2.06 STEEL POLES A. Poles: Comply with ASTM A 500, Grade B, carbon steel with a minimum yield of 46,000 psig (317 MPa); one-piece construction up to 40 feet (12 m) in height with access handhole in pole wall. 1. Shape: Round, tapered. 2 Mounting Provisions: Butt flange for bolted mounting on foundation or breakaway support. B. Steel Mast Arms: Single-arm type, continuously welded to pole attachment plate. Material and finish same as pole. C. Brackets for Luminaires: Detachable, cantilever, without underbrace. 1. Adapter fitting welded to pole, allowing the bracket to be bolted to the pole mounted adapter, then bolted together with stainless-steel bolts. 2. Cross Section: Tapered oval, with straight tubular end section to accommodate luminaire. 3. Match pole material and finish. D. Pole-Top Tenons: Fabricated to support luminaire or luminaires and brackets indicated, and securely fastened to pole top. E. Steps: Fixed steel, with nonslip treads, positioned for 15-inch (381-mm) vertical spacing, alternating on opposite sides of pole; first step at elevation 10 feet (3 m) above finished grade. F. Grounding and Bonding Lugs: Welded 1/2-inch (13-mm) threaded lug, complying with requirements in Section 260526 "Grounding and Bonding for Electrical Systems, listed for attaching grounding and bonding conductors of type and size listed in that Section, and accessible through handhole. G. Cable Support Grip: Wire-mesh type with rotating attachment eye, sized for diameter of cable and rated for a minimum load equal to weight of supported cable times a 5.0 safety factor. H. Prime-Coat Finish: Manufacturer's standard prime-coat finish ready for field painting. 265600 - Page 5 of 8 N;\0417\0631Design Docs\Specs-Phase 2\Electrical\265600 SF-EXTERIOR LIGHTING.DOC 7/9/15 SECTION 265600 SECTION 26— ELECTRICAL EXTERIOR LIGHTING I. Galvanized Finish: After fabrication, hot-dip ;galvanize complying with ASTM A 123/A 123M. J. Factory.-Painted Finish: Comply with NAAMM s Metal Finishes Manual for Architectural and Metal Products" for recommendations for applying and designating finishes. 1 Surface Preparation: Clean surfaces to comply with SSPC-SP 1, "Solvent Cleaning," to remove dirt, oil, grease, and other contaminants that could impair paint bond. Grind welds and polish surfaces to a smooth, even finish. Remove mill scale and rust, if present, from uncoated steel, complying with SSPC- SP 5/NACE'No. 1, "White Metal Blast Cleaning," or with SSPC- SP 8, "Pickling." 2 Interior Surfaces of Pole: One coat of bituminous paint, or otherwise treat for equal corrosion protection. 3 Exterior Surfaces: Manufacturer's 'standard finish consisting of one or more coats of primer and two finish coats of high-gloss, high- build polyurethane enamel. a. Color: As indicated by manufacturer's designations. 2.07 POLE ACCESSORIES A. Duplex Receptacle: 120 V, 20 A in a weatherproof assembly complying with Section 262726 "Wiring Devices" for ground-fault circuit-interrupter type. 1. Recessed, see fixture schedule for height above finished grade. 2. Nonmetallic poiycarbonate; plastic or reinforced fiberglass, weatherproof in use, cover, that when mounted results in NEMA 250,,Type 3R enclosure. 3. With cord opening. 4. With lockable hasp and latch that complies with OSHA lockout and tag-out requirements. B. Minimum 1800-W'transformer, protected by replaceable fuses, mounted behind'access cover. C. Base Covers: Manufacturers' standard metal units, arranged to cover pole's mounting bolts and nuts. Finish same as pole. D. Decorative accessories, supplied by decorative pole manufacturer, include the following': 1. Banner Arms: 2. Plant hangers 265600 -Page 6 of 8 NA0417\063\Design Docs\Specs-Phase 2\Electrical\265600 SF-EXTERIOR LIGHTING.DOC 7/9/15 SECTION 26 — ELECTRICAL SECTION 265600 EXTERIOR LIGHTING PART 3 EXECUTION 3.01 LUMINAIRE INSTALLATION A. Install lamps in each luminaire. B. Fasten luminaire to indicated structural supports. 1. Use fastening methods and materials selected to resist seismic forces defined for the application and approved by manufacturer. C. Adjust luminaires that require field adjustment or aiming POLE INSTALLATION D. Alignment: Align pole foundations and poles for optimum directional alignment of Luminaires and their mounting provisions on the pole. E. Clearances: Maintain the following minimum horizontal distances of poles from surface and underground features unless otherwise indicated on Drawings: 1. Fire Hydrants and Storm Drainage Piping: 60 inches (1520 mm). 2. Water, Gas, Electric, Communication, and Sewer Lines: 10 feet (3 m). 3. Trees: 15 feet (5 m) from tree trunk. F. Concrete Pole Foundations: Set anchor bolts according to anchor-bolt templates furnished by pole manufacturer. Concrete materials, installation, and finishing requirements are specified in Section 033000 "Cast-in-Place Concrete." G. Foundation-Mounted Poles: Mount pole with leveling nuts, and tighten top nuts to torque level recommended by pole manufacturer. 1. Use anchor bolts and nuts selected to resist seismic forces defined for the application and approved by manufacturer. 2. Grout void between pole base and foundation. Use nonshrink or expanding concrete grout firmly packed to fill space. 3. Install base covers unless otherwise indicated. 4. Use a short piece of 1/2-inch- (13-mm-) diameter pipe to make a drain hole through grout. Arrange to drain condensation from interior of pole. 3.02 CORROSION PREVENTION A. Aluminum: Do not use in contact with earth or concrete. When in direct contact with a dissimilar metal, protect aluminum by insulating fittings or treatment. 265600 - Page 7 of 8 NA0417\0630esign Docs\Specs-Phase 2\Electrical\265600 SF-EXTERIOR LIGHTING.DOC 7/9/15 SECTION 265600 SECTION 26—'ELECTRICAL EXTERIOR LIGHTING B. Steel Conduits: Comply with Section 260533 "Raceways and Boxes for Electrical Systems." In concrete foundations, 'wrap conduit with 0.010- inch- (0.254-mm) thick, pipe-wrapping plastic tape applied with a 50 percent overlap. 3.03 GROUNDING A. Ground metal poles and support structures according to Section 260526 "Grounding and Bonding for Electrical Systems." 1 Install grounding conductor; pigtail in the base for connecting luminaire to grounding system. B. Ground nonmetallic poles and support structures according to Section 260526 "Grounding and Bonding for Electrical Systems. END OF SECTION 265600 265600 - Page 8 of 8 NA0417\063\Design Docs\Specs-Phase 2\Electrical\265600 SF-EXTERIOR CIGHTING.DOC 7/9/15