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HomeMy WebLinkAbout17- Contract Documents - Montana Lines, Inc. - N. 7th Avenue Streetscape Improvements Contract Documents for FN . 7t" Avenue Streetseape Improvements - 2017 for the City of Bozeman Bozeman , Montana October 2017 MMI # 0417.063 Note: Bid form shall not be removed from this bound copy. Pr .pared by: Bid Form Signed �� Morrison 2 Addendums Acknowledged Maierle engineers surveyors planners scientists 10% Bid Security Enclosed - Bozeman Molitana Name of Bidder: Montana Lines, Inc. Address: 2.800 Upper River Road, Great Falls, MT 59405 Telephone No.: 1-406-727-1316 Project No.: 0417.063 Set No. 1 Cover Revised January,2010 PROJECT MANUAL FOR N. 7T" AVENUE STREETSCAPE IMPROVEMENTS - 2017 FOR THE CITY OF BOZEMAN P.O. BOX 1230 BOZEMAN, MT 59771-1230 Prepared by: Morrison-Maierle, Inc. Morrison 2880 Technology Blvd. ■� P.O. Box 1113 Maierle Bozeman, MT 59718 engineers surveyors planners scientists QUALITY ASSURANCE Kevin Jacobsen Phone: (406) 587-0721 PROJECT MANAGER Fax: (406) 922-6702 Jack Schunke OFFICE CA COORDINATOR October 2017 Arian Bloomfield/ James Nickelson PEER REVIEWER Aug ust 25, 2017 `N l �/11 QA APPROVAL DATE °,••. ,r �,, • ° 0417.063-088-000314 • i_!'f QAPROJECT NUMBER ' NS Written By: KDJ Checked By: JRN Approved by: Kevin Jacobsen, P.E. [Project Manager or Project Principal] PROJECT NO: 0417.063 2 Project Manual Title Page.doc Revised January,2010 TABLE OF CONTENTS N. 7T" AVENUE STREETSCAPE IMPROVEMENTS - 2017 SECTION TITLE WHITE PAPER 00100 INVITATION TO BID 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) 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS YELLOW PAPER 00910 SPECIAL PROVISIONS 00915 ELECTRICAL SPECIAL PROVISIONS 00920 MDT SPECIAL PROVISIONS PINK PAPER PREVAILING WAGE RATES (MT. Dept. Of Labor& Industry) WHITE PAPER 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 Table of Contents—Page 1 of 4 3 TOC.doc Revised January,2010 TABLE OF CONTENTS — CONT'D N. 7TH AVENUE STREETSCAPE IMPROVEMENTS - 2017 APPLICATION FOR PAYMENT 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 Table of Contents—Page 2 of 4 3 TOC.doc Revised January,2010 TABLE OF CONTENTS —CONT'D N. 7T" AVENUE STREETSCAPE IMPROVEMENTS - 2017 DIVISION 2 - SITEWORK SECTIONS 02100— SITE PREPARATION 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* 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* SECTION 02930 Planting SECTION 02940 Permeable Concrete Paver Materials DIVISION 26 - ELECTRICAL SECTIONS 260000 - ELECTRICAL SECTION 260519 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES SECTION 260526 GROUNDING AND BONDING FOR ELECTRICAL Table of Contents—Page 3 of 4 3 TOC.doc Revised January,2010 TABLE OF CONTENTS - CONT'D N. 7T" AVENUE STREETSCAPE IMPROVEMENTS - 2017 SYSTEMS SECTION 260923 LIGHTING CONTROL DEVICES SECTION 265600 EXTERIOR LIGHTING END OF TABLE OF CONTENTS Table of Contents—Page 4 of 4 3 TOC.doc Revised January,2010 SECTION 00100 INVITATION TO BID Separate sealed bids for construction of N. 7t" Avenue Streetscape Improvements — 2017 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, September 19t", 2017, and then publicly opened and read aloud. 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, September 19t", 2017. 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. 7TH AVENUE STREETSCAPE IMPROVEMENTS — 2017" The project generally consists of, but is not necessarily limited to, the following major items: • Sidewalk, pervious pavers, curb & gutter, asphalt; • Street trees, tree grates, tree guards; • Soil cells; • Luminaires; • Electrical outlets for tree lighting; • Street signage; • Underground utility coordination. Invitation to Bid-00100-Page 1 of 5 4 00100.doc 00100_invitation_to_bid_mpw_ejcdc_07_10_2014.doc 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 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; Invitation to Bid -00100-Page 2 of 5 4 00100.doc 00100_invitation_to_bid_m pw_ejcdc_07_10_2014.doc • The offices of the consulting engineer, Morrison-Maierle, Inc., 2880 Technology Blvd. W., Bozeman, MT, 59715; • Other regional plan centers. Contract documents will be available for pickup, mailing, or electronic download starting August 27th, 2017. There will be a Mandatory Pre-Bid Conference at the office of Morrison-Maierle, Inc., at 10:00 o'clock on September 61-h, 2017. Bidding CONTRACTOR'S are required to attend. A tour of the project site will be conducted after the meeting. 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's 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 Invitation to Bid -00100-Page 3 of 5 4 00100.doc 00100_invitation_to_bid_m pw_ejcdc_07_10_2014.doc 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. 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 alty of Bozeman. Contractor to be advised that award of the project is contingent on having an executed Memorandum of Agreement for the N 7t" Avenue corridor between the City of Bozeman and the Montana Department of Transportation. The CONTRACTOR(s) is required to be an Equal Opportunity Employer. Invitation to Bid -00100- Page 4 of 5 4 00100.doc 00100_invitation_t0_bid_m pw_ejcdc_07_10_2014.doc Published at Bozeman, Montana this 271 day of August, 2017 Robin Crouah City Clerk (Title) Address: 121 North Rouse Avenue Bozeman, Montana 59715 Publication Dates: August 27, 2017 September 3, 2017 September 10, 2017 4 00100.doc Invitation to Bid -00100- Page 5 of 5 00100_i nvitation_to_bid_m pw_ej cdc_07_10_2014.doc THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx 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 ARTICLE5 - DELETED ..................................................................................................7 ARTICLE 6 - SITE AND OTHER AREAS........................................................................7 ARTICLE 7 - INTERPRETATIONS AND ADDENDA ......................................................8 ARTICLE8 - 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.doc c-200—instructions—to—bidders,_mmi—Mpw-ejedc-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 ARTICLE33 - 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—bidders,_m m 1—m pw-ejcdc-4-19-201 3.doc SECTION 00200 INSTRUCTION TO BIDDERS ARTICLE 1 - DEFINED TERMS 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-200_i nstructions_to_bidde rs,_m mi_m pw-ejcdc_4_19_2013.doc 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-200_instructions_lo_bidders,_m mi_m pw-ejcdc_4_19_2013.d oc 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_i nstructions_to_bidde rs,_m mi_m pw-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. 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 by 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 anyway. 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 5 00200.doc Instructions to Bidders-00200- Page 7 of 21 c-200_i nstructions_to_bidders,_m m i_m pw-ejcdc_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_i nstructions_to_bidders,_m mi_m pw-ejcdc_4_19_2013.d oc 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_i nstructions_to_bid ders,_m m i_m pw-ejcdc_4_19_2013.d oc 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 after the 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 nstructio ns_to_bidders,_m m i_mpw-ejcdc_4_19_2013.doc 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_instructions_to_bidders,_m mi_mpw-ejcdc_4_19_2013.doc 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_instructions_to_bidders,_m m i_mpw-ejcdc_4_19_2013.doc 14.05 The right also is reserved for the Owner to negotiate with the responsible Bidder 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, 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 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_i nstructions_to_bidders,_mmi_mpw-ejcdc_4_19_2013.d oc 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: Robin Crough, 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_instructions_to_bidders,_m mi_m pw-ejcdc_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 m i_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. 19.11 The Notice of Award will not be issued prior to the execution of the Memorandum of Agreement for the N 7t" Avenue corridor between the City of Bozeman and the Montana Department of Transportation. 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_b idde rs,_m mi_mpw-ejcdc_4_19_2013.d oc ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When OWNER gives a Notice of Award to the successful Bidder, it shall be 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) I 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 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 eMontana 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. Instructions to Bidders-00200- Page 17 of 21 I 5 00200.doc 4 c-200_instructions_to_bidders,_mmi_mpw-ejcdc_4_19_2013.doc Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further,wherever possible, products manufactured and produced in the State, which are suitable substitutes for products manufactured or produced outside the State,and comparable in price,quality and performance, shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. 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 Laborfor 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 Instructions to Bidders-00200- Page 18 of 21 5 00200.doc c-200_i nstructions_to_b idde rs,_m mi_mpw-ejcdc_4_19_2013.doc character performed in that county or locality by each craft, classification or type of worker needed to complete a contract. 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. 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 monthlyfor 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. Instructions to Bidders-00200- Page 19 of 21 5 00200.doc c-200_i nstructions_to_bidders,_mmi_mpw-ejcdc_4_19_2013.doc ARTICLE 32 - NOTICE OF EXTENDED PAYMENT PROVISION 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, Instructions to Bidders-00200- Page 20 of 21 5 00200.doc c-200 instructions_to_bidders,_mmi_mpw-ejcdc_4_19_2013.doc a notice advising the said labor union or workers' representative of the CONTRACTOR's commitments under this agreement as required pursuant to 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. 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. E. The CONTRACTOR will furnish all information and reports required by such 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 m i_m pw-ejcdc_4_19_2013.d oc THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx SECTION 00300 BID FORM PROJECT IDENTIFICATION: N. 7th Avenue Streetscape Improvements - 2017 City of Bozeman CONTRACT IDENTIFICATION AND NUMBER: M M I #0417.063 THIS BID IS SUBMITTED TO: City of Bozeman Attn: Robin Crough, 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 13 6 00300.doc Revised January,2010 Addendum No. Addendum Date 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 13 6 00300.doc Revised January,2010 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. 3.02 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; I 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 I 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: i1. "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 I 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; I 3. "collusive practice" means a scheme or arrangement between two or more J 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. I Section 00300-Page 3 of 13 6 00300.doc 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 Contract Documents and the provisions below for the following price(s) as summarized in 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.E 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 106 #6 AWG Conductor Item 107 #8 AWG Conductor Item 108 #10 AWG Conductor Item 121 1-1/2" Minus Crushed Base Course Item 122 3" Minus Crushed Gravel 6 00300.doc Section 00300- Page 4 of 13 Revised January,2010 N 7T"AVENUE STREETSCAPE IMPROVEMENTS - 2017 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 SCHEDULE I: CIVIL AND ELECTRICAL 101 Mobilization/Demobilization 1 LS Zo 102 Taxes, Bonds, and Insurance 1 LSWAX "Xv 103 Electrical Demolition 1 LS 104 1" PVC Conduit Sched. 80 169 LF 105 2" PVC Conduit Sched. 80 555 LF 106 #6 AWG Conductor A (-I F 107 . #8 AWG Conductor 1 -a Z 1.0 108 410 AWG Conductor V01 D r 9/.130 109 Pull box zq 110 Type E2 Luminaire Asse WM 111 Exterior Lighting Control (SEE MODIFIED 112 Reset Existing Curb Bo> BID 10/03/17) - 113 Reset Existing Utility Vault 1 EA 114 Reset Existing Irrigation Vault 2 EA Reset Existing Street Sign, New Pole 115 and Base 1 EA 2 .66 /Z Removal and Disposal -Asphalt and 1 LS 116 Concrete 117 Saw Cut Asphalt/Concrete 124 LF 9.,Z5 11V7M 118 Excavation 169 CY 6ZI.6 8 119 Geotextile Fabric 50 SY Q 120 Geogrid Stabilization 50 SY 121 1-1/2" Minus Crushed Base Course 5 CY Section 00300 - Page 5 of 13 6 00300.doc c-410_guIde_to_prepa ratio n_of_bid_form,_mpw-ejcdc_December_2011_revis Ion.doc 122 3" Minus Crushed Gravel 5 CY .2161, 00 123 6"Thick Reinforced Concrete 2,200 SF ,0j, 124 Concrete Curb and Gutter 36 LF 35- . .� 125 4"Wide Vertical Curb 4 LF Noez 126 Asphalt 7 TN ` .00 127 Relocate Business Sign 1 EA 128 Spade Transplant Existing Tree 1 EA -09 lD .w 129 Remove Existing Tree 1 EA /f 60 130 Topsoil 1 LS 131 General Mix Sod 1 LS 00 Misc. Landscape and Site 132 Improvements 1 LS 133 Traffic Control 1 LS r%w,1z 134 Miscellaneous Work 1 $10,000.00 TOTAL UNIT PRICE BID-SCF Schedule I Total Bid in Figure ---VOID (SEE MODIFIED ITEM ) UNIT TOTAL NO. DE g I D 10/0 3/17 SCRIF PRICE PRICE SCHEDULE II: LANDSCAPE 201 StrataVault Soil Cells 114 CY 8� 202 Permeable Pavers 860 SF 203 Root Barrier 768 SF Q Geotextile Fabric(Filter Grid)at edge 165 SY 204 of soil cells 0 I1 205 Permeable Setting Bed (ASTM No. 8) 4 CY V&/ yy 40 206 Permeable Base Aggregate(ASTM 16 CY J� No. 57 207 Soil Cell Base Course 15 CY 208 Planting Soil Including Amendments 114 CY Z ,97 209 Mulch 2 CY t:5- 7 z 210 Tree Wrap 6 EA Section 00300- Page 6 of 13 6 00300.doc c-410_guide_to_prepa ratio n_of bid_form,_mpwAcdc_December_2011_revision.doc 211 Tree Guard 6 EA4 V,ZO 212 Tree Grate 6 EA S3 l ,90 213 Tree-Deciduous 6 EA 5 r. .37 214 Irrigation 1 LS G3oI 3 215 Site Furnishings- Planter 0 EA 216 Site Furnishings-Bench 0 EA 217 Site Furnishings- Bike Rack 0 EA ._ 218 Site Furnishings-Trash Receptacle 0 EA TOTAL UNIT PRICE BID-SCHEDULE 11: LANDSCAPE Schedule II Total Bid in Figures: $ TOTAL UNIT PRICE BID Sub Total: Schedule I Schedule II VOID Total Bid in Figures $_ Bid in Words: (SEE MODIFIED - . T� ��- BID 10/03/17) ARTICLE 5 - CONTRACT TIME 5.01 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 30 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 60 calendar days after the date when the Contract Times commence to run. Section 00300 - Page 7 of 13 6 00300.doc c-410_guide_to—Preparation_of_bid_form,_mpw-ejcdc_Decem ber_2011_revision.doc N 7T"AVENUE STREETSCAPE IMPROVEMENTS - 2017 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 F PRICE SCHEDULE I: CIVIL AND ELECTRICAL 101 Mobilization/Demobilization 1 LS Zo o0o Zo Q4ow 102 Taxes, Bonds, and Insurance 1 LS r4 o- 00000 103 Electrical Demolition 1 LS 67 " 67 104 1" PVC Conduit Sched. 80 169 LF '� 3b,�•� 105 2" PVC Conduit Sched. 80 555 LF �t��Sir' g o7S• 2 106 #6 AWG Conductor 9 CLF 107 #8 AWG Conductor 5 CLF 6-Z.6-0 74 Jr-a 108 #10 AWG Conductor 6 CLF 93.5- 109 Pull box 3 EA gZs90 c�7rJ-o0 110 Type E2 Luminaire Assembly 3 EA Z 6go 111 Exterior Lighting Controls 1 LS Z 71,0'• Z ZgOg 112 Reset Existing Curb Box 2 EA ,/Z/0dpo 113 Reset Existing Utility Vault 1 EA ��'• !J6�Too 114 Reset Existing Irrigation Vault 2 EA f qp= 77-Wp 115 Reset Existing Street Sign, New Pole 1 EA / ZZp� ZZ '� and Base Removal and Disposal-Asphalt and o0 116 Concrete 1 LS `d�Z7 �CD Z7.6 117 Saw Cut Asphalt/Concrete 124 LF ��Z�- 1417`�` 118 Excavation 169 CY ,r'O 119 Geotextile Fabric 50 Sy Z7.50 l 375 120 Geogrid Stabilization 50 Sy Z7.6b ' 376 o0 121 1-1/2" Minus Crushed Base Course 5 Cy 106" SZ� o0 Section 00300-Page 5 of 13 s 00300.doc I v 63��I r c-410_guide_to_preparation_of_ bid_forrn,_mpw ejcdc_December_2011_revlslon.doc 122 3" Minus Crushed Gravel 5 CY Z(0� 050 123 6"Thick Reinforced Concrete 2,200 SF BP �� $00 124 Concrete Curb and Gutter 36 LF ZC,7. ZO 125 4"Wide Vertical Curb 4 LF $�r 3qD 126 Asphalt 7 TN 6190:2 ct 760oo 127 Relocate Business Sign 1 EA 21 Z�260'a 128 Spade Transplant Existing Tree 1 EA 129 Remove Existing Tree 1 EA 130 Topsoil 1 LS 131 General Mix Sod 1 LS �pp=� �'(pd"a Misc. Landscape and Site 1 LS z 765 z 76!5t 132 Improvements 133 Traffic Control 1 LS q I,3cf - 134 Miscellaneous Work 1 $10,000.00 TOTAL UNIT PRICE BID-SCHEDULE 1: CIVIL AND ELECTRICAL Schedule I Total Bid in Figures: $ ` -3 31 Z33 'Z5' ut` iT PR l C-E ITEM ESTIMATED Uvrr TOTAL NO. DESCRIPTION QUANTITY UNIT PAICE PRICE SCHEDULEII: LANDSCAPE 201 StrataVault Soil Cells 114 CY IIJGI_U LSE IN 202 Permeable Pavers 860 SF it 203 Root Barrier 768 SF Geotextile Fabric(Filter Grid)at edge 165 SY tt 204 of soil cells 205 Permeable Setting Bed(ASTM No. 8) 4 CY tc Permeable Base Aggregate (ASTM 16 CY u 206 No. 57) _ 207 Soil Cell Base Course 15 CY n 208 Planting Soil Including Amendments 114 CY It 209 Mulch 2 CY t( 210 Tree Wrap 6 EA 9l Section 00300- Page 6 of 13 03 6 00300.doc c-410_guide_to_prepa ratio n_of_bid_form,_mpw-ejcdc_Decem ber_2011_revision.doc 211 Tree Guard 6 EA //4 CLU 212 Tree Grate 6 EA 11 213 Tree-Deciduous 6 EA 214 Irrigation 1 LS II . 215 Site Furnishings-Planter 0 EA 216 Site Furnishings-Bench 0 EA 217 Site Furnishings-Bike Rack 0 EA 218 Site Furnishings-Trash Receptacle 0 EA TOTAL UNIT PRICE BID-SCHEDULE II: LANDSCAPE �f oo P Svw�Schedule II Total Bid in Figures: $ 7,/ Lv� 7�. � � I TOTAL UNIT PRICE BID Sub Total: Schedule 1 $ "1 3 3. 2`33 . ZS Otl I'Ir PR1c_� Schedule II $ f "-OfAQ 50 M Total Bid in Figures $_ 2� 3� q 7. ZS Bid in Words: i;o I+u AlbKa I_HFUZE T v ShO b ZS e>A1t D T S�J 1 �ofl Doc,�.}�ILS (o CC 2ot7 ARTICLE 5 - CONTRACT TIME 5.01 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 30 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 60 calendar days after the date when the Contract Times commence to run. Section 00300 - Page 7 of 13 6 00300.doc c-410_guide_to_preparatlon_of bid_form,_mpw-ejcdc_December_2011_revision.doc 4 DETAIL CLARIFICATION FOR ow z o MODIFIED BID 10/03/17 w U- o r op �FNo z ~ J> W U p O X W W ¢ p p W - W Ow �0- m C�� Opp U Q 3 Wn �O = Q ou LU � � �cn Q =L` U JO F� 0O W f- m U fnp J ` Cm a_ O ZW0-U n Z z <0N > UQw0 UZ O afU F W > old- w_j � U OOH?OJ Z Q ¢F- p r -Q p W JpZDuZ CY a- OfOx � U OWwOw0 X W WQ DUI Iil¢ U) wwo 9 LL Z af00 w m W W W w m Q Q Q W F- W 0 0 o w U fr W lwi.i W z w O „6-,Z 9 W W RE ID O z `i 1i`ik° - U LD d w - -� (n f z a ON 3 www aw w ;: C> Q �¢ = o 2Qw m ~m w-I E- � WUrp 0- U WQ z >OfLd D - Q V) cn>:2 Lli v05 cDQ N �Yi` cLLJ n Zx0� � D ZO F- U Z U JW� O � gF- zo W m Jp 0dV ' w w �J a- w _ ¢ z ¢ � � � cnzp U ofZ � 2w— � Wi z ¢ Z 0 Q-00 m j ZZ �- m _jU Z ppw00 -j UX QwX ¢ �m Z a-O W W W Of pJUU w O w p Q = wn J Q Q O U Im Z x Q X 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. 6.02 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. 6.03 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 Overtime Engineer $146.00/Hour $146.00/Hour Resident Observer $111.00/Hour $100.00/Hour Section 00300- Page 8 of 13 6 00300.doc c-410—guide_to_preparation_of_bid_form,_m pw-ejcdc_Decem ber_2011_revision.doc Surveyor $117.00/Hour $117.00/Hour Technician $102.00/Hour $153.00/Hour Clerical $83.00/Hour $124.50/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. 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: whose address is 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 Iin the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. i ARTICLE 9 - BID REJECTION I9.01 The OWNER reserves the right to reject any or all bids. Section 00300-Page 9 of 13 6 00300.doc c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc i ARTICLE 10 - BID SUBMISSION SUBMITTED on Montana Contractor Registration No. [Employer's Tax ID No. cq/ - a413413Z.] Section 00300- Pagel 0 of 13 6 00300.doc c-410_guide_to_preparation_of_bid_form,_mpw-ejcdc_December_2011_revision.doc If Bidder is: A Corporation Corporation Name: (SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): I-Ar m By: 'gnature --atta idence of authority to sign if not a Corporate officer) me (typed or printed): Title: % Attest: (Corporate Seal) (Gianaiwe of OKn Ck Business address: �v�. Phone No.:�,?Z7�-/.3/,1 FAX No.: W 2222Mmail Date of Qualification to do business in Montana is An Individual Name (typed or printed): By: / (SEAL) (individual's sig re) Doing business as: Business address: Pho No.: FAX No.: Email Section 00300-Page 11 of 13 6 00300.doc c-410_guide_to—Preparation_of bid_form,_mpw-ejcdc_December_2011_revision.doc A Partnership Name (typed or printed): By: (SEAL) (Individual's suture) Name (typed or printed): Business address: , hone No.: FAX No.: Email A Joint Venture (Each Joint Venture must sign.) Joint Venturer Name: SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Email Joint Venturer Name: (SEAL) By: Signature of joint venture partner) Name (typed printed): Title: Business address: Section 00300- Page 12 of 13 6 00300.doc c-410_guide_to_preparalion_of bid form,_mpw-ejcdc_December_2011_revision.doc Phone No.: FAX No.: Emil Address of Joint Venture for Receipt of OffiTO ommunication: Address: Phone Nola FAX No.: Email (Each j int 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 13 of 13 6 00300.doc c-410_guide_lo_preparalion_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. Contr ctor name and address.. Al ZwtFz- LAIM 2. Contractor, s telephone number: / -�a ��7 3. Names and titles of major officers of Con cto�Yr firm: sae 4. Name of Contractor' s representative who inspected the site: Date of Inspection: ig 5. Name, address and telephone number of surety company and agent who will provide required bonds on this contact: G� 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: 8. Have you ever failed to complete any work awarded to you? If so, where and why?: 9. Have you ever defaulted on a contract? If so, where and why? Information Required of Bidders - 1 of 3 7 00300_IROB.doc Revised January 2010 10. Have you ever had any project terminated by the Owner? yo If so, where and why?: 11. Are you involved in any lawsuits or are any lawsuits pending at the present time? d If yes, give the details: 12. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? f' 13. Name of the proposed resident pro ct 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: 6QJ 7— Value: ��00 T 7/ Name: Value: 17 Z4644Z5 T Name: `c r Value: G�?� Name: Value: Name: Value: Information Required of Bidders - 2 of 3 7 00300_IROB.doc Revised January 2010 Name: Value: 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 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 deny approval of any equipment or materials that do not comply with the Specifications, even though listed herein: SPECIFICATION NUMBER ITEM MANUFACTURER MODEL 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 ri�' , 20 /7 zdm��14�.i/�-i/�y Name of Bidder B Ai'tle: 77—62�K END OF INFORMATION REQUIRED 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 ) SS COUNTY OF being first duly sworn, deposes and says that he is (sole owner, a partner, president, secretary, 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: Titl Subscribed and sworn to before me this day day of /6 , 20/7. (SEAL) S Notary Public JODIE L.TOOLEY 3,4� �O NOTARY PUBLIC for the Stale of Montana Residing at Great Falls,Montana My Commission Expires April 15,2021 Noncollusion Affidavit—Page 1 of 1 8 00300_NCA.doc RevisedlJanuary,2010 Affirmation of Compliance with City of Bozeman Resolution No. 4250 [Name of Entity Submitting] hereb affirms i� h' g] y t will not discriminate on the basis of race, color,religion,creed,sex,age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the City of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the �e972—RoV4 e&t5 ,5 ._/i1C [Name of Entity Submitting] employees and to all subcontracts it enters into in the performance of the Agreement with the City of Bozeman. By: (Sign of Person Aut e to gn on Behalf of the r ame(typed or printed): � �✓� _ Title: N:\0417\063\Design Docs\Specs-Phase 3-Short-Durstonlg 00300_Non DisMmination.doc 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 (Seal) (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature(Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: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.doe PENAL SUM FORM 1. Bidder and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents(or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents,or 3.2 All Bids are rejected by Owner,or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and,if applicable,consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness,identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery,commercial courier, or by United States Registered or Certified Mail,return receipt requested,postage pre-paid,and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, 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 C430 Bid Bond(Penal Sum Form)(2007 Edition).Prepared by the Engineers Joint Contract Documents Committee. 10 00430.doe i i i � BIDDERS : f I Please acknowledge and include all � addenda in your submitted package i I I 1:.1C1)C 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): 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.O.Box 1230 Bozeman,MT 59771 BID Bid Due Date:9/19/2017 Description (Project Name— Include Location): N.7th Avenue Streetscape Improvements-2017,Bozeman.MT BOND Bond Number:007188296 Date: 9/15/2017 Penal sum Ten Pereentoflhe TatAl Amo int Rid $ 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 Montana Lines,Inc. (Seel) Travelers Casualty and Surety Company of America (Seal) Bidder's Name and Corporate Seal, Surety's Name a Corp ra a al By: y: Si ture (Attach ower ofAttorney) John D.Leaf Af�nature<---? nt Name Print Name le Afforney-In-Fact Title Attest: Attest: 6L 411,natuurr Signature ximber y lods 1 Title � ,etc Title Bond Clerical COUNTERSIGNED: Note:Addresses are to be used for giving any required notice. HUB INTERNATIONAL MQUWAIN C Provide execution by any additional parties,such as joint venturers, if necessary. X—S �IMI D v RENE . LEVEAUX EJCDC°C-430,Bid Bond(Penal Sum Form).Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 PENAL SUM FORM 1. Bidder and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents(or any extension thereof agreed to in writing by Owner)the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner,or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents(or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from 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. EJCDCs C-430,Bid Bond(Penal 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 TRAVELERSJ 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 Attorney-In Fact No. 231908 Certificate No. 007188296 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 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 John D.Leaf,Chris Jermunson,Jamie M.Roe,Billy J.Bolt,Kaye U.Muzzana,Kristin A.Piccioni,Brooke A.Gamess,Brady Leaf,Michelle Schermerhom,and Kimberly Hodson 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,sea]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. i IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 13th day of April 2017 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 j St.Paul Guardian Insurance Company Yi 2 GA544f�A/. ..p}�ttY.� y�F1RE 6 y o`,.N �NSG9 Jp+1NSVA gJ0y AiyCs �,yp,y�rTi� \�E�Y.•,V ' i � �i o P+CO4FORA1rD � ar � �.rr a; avoner•.,�4 { ��_.. �i °a0 s A y977 1951 q SEAL inf S=' °` ""CONNn 1 1 f State of Connecticut By; ` � City of Hartford ss. Robert L.Raney,Senior Vice President r 13th April 2017 On this the day of ,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. t;.TET %, In Witness Whereof,I hereunto set my hand and official seal. � \I \W wr 0, . My Commission expires the 30th day of June,2021. pUBl1� yr Marie C.Tetreault.Notary Public 4�* CCF's 58440-5-16 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 I 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 ac follows: IRESOLVED,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 Attomeys-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 ICompany's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any I 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 fFURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may Idelegate 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 1 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)drily executed(tinder 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 lcertificate 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. 1,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 Iis 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 15TH day of SEPTEMBER .20 1 i� 7. IKevin E.Hughes,Assistant Seciftary I GA6U,1�1• 0_11-0-i, ram'M`^�`�NV,rfO 195iAL 'v\S To verify the authenticity of this Power of Attorney,call I-800-421-3880 or contact us at www.trak clersbond.coni.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. —I WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER \ � k \ q z � © CM cm ■ uo S CD 8 0 C9 R C 00 V Ui $ § § w $ § S § 2 Cl2 k 40 LU S § .� § T CD co Pt co ILI § § k k cz k k k § � m w Lk 0 LU — Li z � z > oe wu ko �to � 0 co zz � 5 « . � � _ o ■ _ w � � CL § � Oo $ ZW � � § Q � Z � « 2k UDC CA In �19 gW) � w � � � � § � k � � w �0 02z � 72 � 2w > Sz4 02 & � & > � 2 � o � J & z0K ■ � � - - z � ■ — z � x ■ ■ � � m � � U ■ i & 2 � k § � � 7 � 2 � 2 § w � � � � 02 � z m � mz U) f2mk �e2 k § k2 % k \ k Co Q A C4 § � � w � � , w w � % 4 ± w 2 § ■ § o 0w u w 2 m z e w � z �« o B $ w �-� w� _ � \ le 46 z w U7 $� _ « ek Z § z 2 � § � 0 a§ w L) a L) z 2 U) § James Bumgarner 2800 Upper River Rd Project Manager/Estimator Great Falls, MT 59405 Secretary/Treasurer 24 Riverside Dr Montana Lines, Inc. Bozeman, MT 59715-9345 James Bumgarner is our EEO Officer and Estimator/Project Manager. He graduated from Montana State University in 1997 with a Bachelor's Degree in Construction Engineering Technology. He came to work for Montana Lines on December 1, 1997 as an Estimator/Project Manager. As Project Manager, Jim is the liaison between the vendors, Owners, our field personnel and our office personnel. In January 2006, James became the Company EEO Officer. In addition, James has received the following training: Technical ATSSA-Traffic Control Design Specialist January 2009 ATSSA-Traffic Control Supervisor February 2009Exp. 06/28/17 ATSSA-Traffic Control Technician February 2001 Commercial Drivers License Exp: June 19,2022 Forklift Instructor Course April 2010 Flagging Safety Certification February 2006 MUTCD Signing, Work Zone Safety & Roadway Safety February 2003 Associate Traffic Signal Technician Level I May 2000 Work Zone Safety Specialist May 2000 Advanced Storm Water Management September 2011 Safety Safety Culture Membership February 2011 Heart Savers CPR & First Aid Course February 2013 OSHA 10 HR Construction Outreach Class September 2010 OSHA 40 HR HAZWOPER (Hazardous Waste Operations) September 2010 MT State Fund Dealing with the Generations and Developing a Wellness Program March 2006 MT State Fund Developing a Safety Culture December 2004 OSHA 8 hr HAZWOPER Refresher April 2012 Incident Investigation March 2015 Management Financial Management for the Closely Held Business November 2010 Getting It All Done January 2004 Required Supervisor Drug & Alcohol Training February 2014 Civil Rights and EEO EEO Officer's Assembly March 2011 Making Work Zones ADA Compliant January 2007 Conducting Employee Performance Evaluations November 2004 Dealing with Negative Attitudes in the Workplace February 2000 Computer Microsoft Excel May 2006 HCCS Software Training February 2006 Copies of the certificates will be made available upon request. Trevor Livesay, P.E. 2800 Upper River Rd General Manager Great Falls, MT 59405 President 24 Riverside Dr Montana Lines, Inc. Bozeman, MT 59715-9345 Trevor Livesay is the President of Montana Lines, Inc. He graduated from Montana State University-Bozeman with Bachelor's Degree in Industrial and Management Engineering. Trevor first joined the payrolls of Montana Lines, Inc. during the summer of 1988 in the field as a Groundman/Lineman and has been an employee since then except for while pursuing his degree and while residing in California for five years. From 1999 through 2004 he was a Project Engineer and Estimator at Hensel Phelps Construction Company in Southern California. He returned to Montana Lines in the Spring of 2004 through current. Trevor has received the following training and certifications: Technical Professional Engineer License MT License No. 15837 Exp: 06/30/2018 ATSSA-Flagger Instructor Trainer Exp: 07/16/2017 ATSSA-Traffic Control Supervisor Exp: 07/14/2017 ATSSA-Traffic Control Technician January 2005 Annual Forklift Training February 2009 Concrete Technology Class Montana Contractors Association February 2008 Commissioning Engineer, Bio-Safety Level 3 Laboratory, Fall 2002 Hewitt Hall Research Center, University of CA, Irvine Safet Safety Culture Membership February 2012 OSHA 8 hr HAZWOPER Refresher May 2010 Effective Workplace Safety Management Systems March 2010 Heart Savers CPR & First Aid Course February 2013 Required Supervisors Alcohol and Drug Training March 2009 OSHA 40 hr HAZWOPER (Hazardous Waste Operations) January 2006 MT State Fund Developing a Safety Culture December 2004 DuPont Safety Training Observation Program (STOP) October 1999 OSHA 10 Hr Certification June 1999 Management EEO Officer Workshop March 2010 Conducting Employee Performance Evaluations November 2004 Leadership Skills for Construction Contractors, Parts I & II January 1997 Master Cert in Concrete Construction Management Copies of the certificates will be made available upon request. Greg Schraner 2800 Upper River Rd General Superintendent Great Falls, MT 59405 Vice President 24 Riverside Dr Montana Lines, Inc. Bozeman, MT 59715-9345 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 full time mechanic in our shop. In addition, Greg has received the following training Technical Crane Operator License Exp. 4/4/18 Commercial Driver Exp. 08/22/2017 Polymer Slurry Drilled Shaft Seminar February 2011 Annual Forklift Training December 2012 Flagging Safety Certification Exp. 3/14/20 Mobile Crane Inspector Exp. 3/21/18 ATSSA-Traffic Control Supervisor June 2013 Exp. 6/28/2017 ATSSA-Traffic Control Technician Jan 27, 2012 Work Zone Technician Mar 14, 2017 Small Crane Trainer Exp. 03/28/2018 SWPPP Administrator Exp. 02/03/2020 Safety Safety Culture Membership February 2012 Heart Savers CPR & First Aid Course March 2017 OSHA 10 Hr Construction Outreach Class September 2010 OSHA 8 Hr HAZWOPER Refresher February 2017 Incident Investigation March 2015 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 & II 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. SECTION 00500 AGREEMENT FORM �dayTHIS AGREEMENT is dated as of the of in the year THIS (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. 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 Streetscape Improvements - 2017 ARTICLE 3 - ENGINEER 3.01 The Project has been designed by: Morrison-Maierle, Inc. 2880 Technology Blvd. West Bozeman, MT 59718 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 Revised January,2010 B. The CONTRACTOR agrees to complete the work within the time(s) specified herein. 4.0� `_ 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 30 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 60 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 dollars ($ ), 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 and that these lump sum amount(s) represent a true measure of the labor and materials Agreement Form -00500- Page 2 of 10 11 00500 Revised January,2010 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 retainage may 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 reduced by such amounts as ENGINEER shall determine in accordance with Agreement Form -00500 - Page 3 of 10 11 00500 Revised January,2010 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 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. 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. 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 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 6, inclusive); 8. Electrical Special Provisions (pages 1 to 4, inclusive); 9. MDT Special Provisions (pages 1 to 38, 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. 7th Avenue Streetscape Improvements - 2017; (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. Agreement Form -00500 - Page 6 of 10 11 00500 Revised January,2010 B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). 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 Severability 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 Agreement Form -00500 - Page 7 of 10 11 00500 Revised January,2010 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: 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 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 ' (Signature (Sign ure) Attest ttest � (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. n . �F•B 02�,'- 6518 Agent for service of process: ��•.y 1883 ,•-e 7 . TIN Co•�1 �j i Agreement Form -00500 - Page 9 of 10 11 00500 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: Title: Title: Address: Address: Phone: Phone: Facsimile: Facsimile: Email : Email: [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 Revised January,2010 EJCC ENGINEERS JOINI CONTRACT DDCUMMS COMM1T1EE PERFORMANCE 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 OWN ER(name and address): City of Bozeman 121 North Rouse,P.O.Box 1230 Bozeman,MT 59771 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Two Hundred Fifty-three Thousand One Hundred Forty-seven And 25/100($253,147.25) Description (name and location): N.7th Avenue Streetscape Improvements-2017,Bozeman,MT BOND Bond Number: 106791337 Date(not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Two Hundred Fifty-three Thousand One Hundred Forty-seven And 25/100($253,147.25) 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 Name and Surety's Name d Cor ora Seal I By. By: ;;�'Ilnature Signa ur attach power of attorney) (liza _XA NNUS S 4 1 w%l k I r-,T. John D.Leaf Print Name Print Name S E;U.ETAR Y 5� . Attorney-In-Fact Title Title Attest: -S. Attest: Signature Signature Kimberly Hodson,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. i EJCDC®C-610,Performance Bond Copyright©2013 National society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 COUNTERSIGNED: HUB INTERNATIONALa NTAIN STAT LIMITE RENE C. LEVEAUX �_Ct I` i 1. The Contractor and Surety, jointly and severally, bind Owner and a contractor selected with the Owners concurrence, themselves, their heirs, executors, administrators, successors, and to be secured with performance and payment bonds executed assigns to the Owner for the performance of the Construction by a qualified surety equivalent to the bonds issued on the jContract,which is incorporated herein by reference. Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of 2. If the Contractor performs the Construction Contract,the Surety the Contract Price incurred by the Owner as a result of the and the Contractor shall have no obligation under this Bond, except Contractor Default;or when applicable to pp participate in a conference as provided in Paragraph 3. 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable 3. If there is no Owner Default under the Construction Contract, promptness under the circumstances: the Surety's obligation under this Bond shall arise after: 5.4.1 After investigation, determine the amount for 3.1 The Owner first provides notice to the Contractor and which it may be liable to the Owner and, as soon as the Surety that the Owner is considering declaring a Contractor practicable after the amount is determined,make payment Default. Such notice shall indicate whether the Owner is to the Owner;or requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner 5.4.2 Deny liability in whole or in part and notify the does not request a conference, the Surety may, within five (5) Owner,citing the reasons for denial. business days after receipt of the Owner's notice,request such a conference. If the Surety timely requests a conference, the 6. If the Surety does not proceed as provided in Paragraph 5 with Owner shall attend. Unless the Owner agrees otherwise, any reasonable promptness,the Surety shall be deemed to be in default iconference requested under this Paragraph 3.1 shall be held on this Bond seven days after receipt of an additional written notice within ten (10) business days of the Surety's receipt of the from the Owner to the Surety demanding that the Surety perform its Owner's notice. If the Owner, the Contractor, and the Surety obligations under this Bond, and the Owner shall be entitled to agree, the Contractor shall be allowed a reasonable time to enforce any remedy available to the Owner. If the Surety proceeds as perform the Construction Contract,but such an agreement shall provided in Paragraph 5.4,and the Owner refuses the payment or the not waive the Owners right, if any, subsequently to declare a Surety has denied liability,in whole or in part,without further notice Contractor Default; the Owner shall be entitled to enforce any remedy available to the Owner. 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;and 7. If the Surety elects to act under Paragraph 5.1,5.2,or 5.3,then the responsibilities of the Surety to the Owner shall not be greater 3.3 The Owner has agreed to pay the Balance of the than those of the Contractor under the Construction Contract, and Contract Price in accordance with the terms of the Construction the responsibilities of the Owner to the Surety shall not be greater Contract to the Surety or to a contractor selected to perform the than those of the Owner under the Construction Contract. Subject to Construction Contract. the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication for: 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply 7.1 the responsibilities of the Contractor for correction of with a condition precedent to the Surety's obligations,or release the defective work and completion of the Construction Contract; Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 7.2 additional legal, design professional, and delay costs resulting from the Contractors Default, and resulting from the 5. When the Owner has satisfied the conditions of Paragraph 3,the actions or failure to act of the Surety under Paragraph 5;and Surety shall promptly and at the Surety's expense take one of the following actions: 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract,actual damages caused by 5.1 Arrange for the Contractor, with the consent of the delayed performance or non-performance of the Contractor. Owner,to perform and complete the Construction Contract; 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the 5.2 Undertake to perform and complete the Construction Surety's liability is limited to the amount of this Bond. Contract itself,through its agents or independent contractors; 9. The Surety shall not be liable to the Owner or others for 5.3 Obtain bids or negotiated proposals from qualified obligations of the Contractor that are unrelated to the Construction contractors acceptable to the Owner for a contract for Contract,and the Balance of the Contract Price shall not be reduced performance and completion of the Construction Contract, or set off on account of any such unrelated obligations. No right of arrange for a contract to be prepared for execution by the action shall accrue on this Bond to any person or entity other than EJCDC®C-610,Performance Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American society of Civil Engineers.All rights reserved. 2 of 3 the Owner or its heirs, executors, administrators, successors, and allowance for the Contractor for any amounts received or to be assigns. received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all 10. The Surety hereby waives notice of any change, including valid and proper payments made to or on behalf of the changes of time, to the Construction Contract or to related Contractor under the Construction Contract. subcontracts,purchase orders,and other obligations. 14.2 Construction Contract: The agreement between the 11. Any proceeding, legal or equitable, under this Bond may be Owner and Contractor identified on the cover page,including all instituted in any court of competent jurisdiction in the location in Contract Documents and changes made to the agreement and which the work or part of the work is located and shall be instituted the Contract Documents. within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years 14.3 Contractor Default: Failure of the Contractor, which after the Surety refuses or fails to perform its obligations under this has not been remedied or waived, to perform or otherwise to Bond, whichever occurs first. If the provisions of this paragraph are comply with a material term of the Construction Contract. void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be 14.4 Owner Default: Failure of the Owner, which has not applicable. been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or 12. Notice to the Surety, the Owner, or the Contractor shall be comply with the other material terms of the Construction mailed or delivered to the address shown on the page on which their Contract. signature appears. 14.5 Contract Documents:All the documents that comprise 13. When this Bond has been furnished to comply with a statutory the agreement between the Owner and Contractor. j or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said 15. If this Bond is issued for an agreement between a contractor and statutory or legal requirement shall be deemed deleted herefrom and subcontractor,the term Contractor in this Bond shall be deemed to provisions conforming to such statutory or other legal requirement be Subcontractor and the term Owner shall be deemed to be shall be deemed incorporated herein. When so furnished,the intent Contractor. is that this Bond shall be construed as a statutory bond and not as a common law bond. 16. Modifications to this Bond are as follows: I i 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including l i i I f 1 i i EJCDC®C-610,Performance Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 3 of 3 1 I EJCDC= ENGINEERS JOINT CONTRACT DOCUMENTS 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 IEffective Date of the Agreement: Amount: Two Hundred Fifty-three Thousand One Hundred Forty-seven And 25/100 ($253,147.25) Description (name and location): N.7th Avenue Streetscape Improvements-2017,Bozeman,NIT BOND Bond Number: 106791337 IDate(not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Two Hundred Fifty-three Thousand One Hundred Forty-seven And 25/100 ($253,147.25) Modifications to this Bond Form: x0 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 Na nd ate al Surety's Name and Cor orate Seal B By: 411 Signat a Sign a e(attach pow r of attorney) It John D.Leaf iPrint Name Name Print Name WLTE?AX Y�� Attorney-In-Fact Title Title Attest. Attest: Signature Signature ly Q� Kimberly Hodson 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. EJCDC®C-615,Payment Bond COUNTERSIGNED: Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, HUB INTERNATIONAL fV►OUNTAIN and American Society of Civil Engineers. All rights reserved. 1 of 3 AT S L U1 n K� RENE C. LEVEAUX `_� 6. If a notice of non-payment required by Paragraph 5.1.1 is 1. The Contractor and Surety, jointly and severally, bind given by the Owner to the Contractor,that is sufficient to themselves, their heirs, executors, administrators, satisfy a Claimant's obligation to furnish a written notice of successors, and assigns to the Owner to pay for labor, non-payment under Paragraph 5.1.1. materials, and equipment furnished for use in the performance of the Construction Contract, which is 7. When a Claimant has satisfied the conditions of Paragraph incorporated herein by reference, subject to the following 5.1 or 5.2, whichever is applicable, the Surety shall terms. promptly and at the Surety's expense take the following actions: 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds 7.1 Send an answer to the Claimant,with a copy to the harmless the Owner from claims, demands, liens, or suits Owner, within sixty (60) days after receipt of the by any person or entity seeking payment for labor, Claim,stating the amounts that are undisputed and materials, or equipment furnished for use in the the basis for challenging any amounts that are performance of the Construction Contract,then the Surety disputed;and and the Contractor shall have no obligation under this Bond. 7.2 Pay or arrange for payment of any undisputed amounts. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this 7.3 The Surety's failure to discharge its obligations Bond shall arise after the Owner has promptly notified the under Paragraph 7.1 or 7.2 shall not be deemed to Contractor and the Surety (at the address described in constitute a waiver of defenses the Surety or Paragraph 13) of claims, demands, liens, or suits against Contractor may have or acquire as to a Claim, the Owner or the Owner's property by any person or except as to undisputed amounts for which the entity seeking payment for labor, materials,or equipment Surety and Claimant have reached agreement. If, furnished for use in the performance of the Construction however, the Surety fails to discharge its Contract, and tendered defense of such claims, demands, obligations under Paragraph 7.1 or 7.2,the Surety liens,or suits to the Contractor and the Surety. shall indemnify the Claimant for the reasonable _ attorney's fees the Claimant incurs thereafter to 4. When the Owner has satisfied the conditions in Paragraph recover any sums found to be due and owing to 3, the Surety shall promptly and at the Surety's expense the Claimant. defend,indemnify,and hold harmless the Owner against a duly tendered claim,demand,lien,or suit. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's { 5. The Surety's obligations to a Claimant under this Bond fees provided under Paragraph 7.3,and the amount of this shall arise after the following: Bond shall be credited for any payments made in good faith by the Surety. 5.1 Claimants who do not have a direct contract with the Contractor, 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance 5.1.1 have furnished a written notice of non- of the Construction Contract and to satisfy claims, if any, payment to the Contractor, stating with under any construction performance bond. By the substantial accuracy the amount claimed Contractor furnishing and the Owner accepting this Bond, and the name of the party to whom the they agree that all funds earned by the Contractor in the materials were, or equipment was, performance of the Construction Contract are dedicated furnished or supplied or for whom the to satisfy obligations of the Contractor and Surety under labor was done or performed, within this Bond,subject to the Owner's priority to use the funds ninety (90) days after having last for the completion of the work. performed labor or last furnished materials or equipment included in the 10. The Surety shall not be liable to the Owner,Claimants,or Claim;and others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be 5.1.2 have sent a Claim to the Surety (at the liable for the payment of any costs or expenses of any address described in Paragraph 13). Claimant under this Bond,and shall have under this Bond no obligation to make payments to or give notice on 5.2 Claimants who are employed by or have a direct behalf of Claimants,or otherwise have any obligations to contract with the Contractor have sent a Claim to Claimants under this Bond. the Surety (at the address described in Paragraph 13). 11. The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders,and other obligations. EJCDC®C-615,Payment Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct { Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2,or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials,or equipment for use in the performance by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant (1) or(2) first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of "labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials,or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished,the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and 16.4 Owner Default: Failure of the Owner, which has Owner shall promptly furnish a copy of this Bond or shall not been remedied or waived, to pay the permit a copy to be made. Contractor as required under the Construction Contract or to perform and complete or comply 16. Definitions with the other material terms of the Construction Contract. 16.1 Claim: A written statement by the Claimant including at a minimum: 16.5 Contract Documents: All the documents that i comprise the agreement between the Owner and 1. The name of the Claimant; Contractor. 2. The name of the person for whom the labor was done, or materials or equipment 17. If this Bond is issued for an agreement between a furnished; contractor and subcontractor,the term Contractor in this 3. A copy of the agreement or purchase order Bond shall be deemed to be Subcontractor and the term pursuant to which labor, materials, or Owner shall be deemed to be Contractor. equipment was furnished for use in the performance of the Construction Contract; 18.Modifications to this Bond are as follows: 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 t EJCDC®C-615,Payment Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 3 of 3 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER I ,d, POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company I Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America I St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company I IAttorney-In Fact No. 231908 Certificate No. 007188321 I 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 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 I 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 I John D.Leaf,Chris Jermunson,Jamie M.Roe,Billy J.Bolt,Kaye U.Muzzana,Kristin A.Piccioni,Brooke A.Garness,Brady Leaf,Michelle Schermerhorn,and Kimberly Hodson l 1 of the City of Great Falls State of Montana their true and lawful Attomey(s)-in-Fact, I 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 l contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IIN WITNESS WHEREOF,.the Companies have caused-,,this instrument to be signed and their corporate seals to be hereto affixed,this 13th day of April 2017 1 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 I St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company 1- PI � �� �I�O ��t"'sf+ twee°RPORAT''C,? w3T� ,W INCG6Tpp'm t ••• 1982 0 7 1: =j: '°r CONK ° CQ N. S'�etF'aa � 1951 � ti®'a o:SEALio3 '-�:SS3CL;a- ,, ° e �......• ,� � I 4'►. P s� G° ,a''•...... +:..........:.`aa LANCE lg,.A rJ �S T" State of Connecticut By: ICity of Hartford ss. Robert L.Raney,Senior Vice President 1 On this the 13th day of April 2017,before me personally appeared Robert L.Raney,who acknowledged himself to I 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. I In Witness Whereof,I hereunto set my hand and official seal. IMy Commission expires the 30th day of June,2021. AUBUG * Marie C.Tetreault,Notary Public I58440-5-16 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 F wer of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity ranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance y,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States and Guaranty Company,which resolutions are now in full force and effect,reading as follows: VED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice t,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf ompany 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 y's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any fficers 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 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 Attomeys-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 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 ! D day of Zkj-� k ,20[1 . G� Kevin E.Hughes,Assistant Sec tary pASU,�[�, Qv4T��'^'Y/ .�•y RE 5 .\rw��H ''NSUA�'t ptSY A/[0 3Vi Y ycJ•_... y z ` q4� S (1 r{ lC�0.PWR��.,1. a t RPORgT ^,a 9� G F;m w i cc f`•, i .n` a MARTfpRD, 'q q c4�+Ec't+' y 1951 - �`•SEAL 'o"I of iO �- 1896 y` N, � tis _ Gps€ 7e'., •:r f ;a:SBRL 1 vyCOdh4o�B ��o�a. F "U�d T� ''e,r,�r+cF " 4'! ;iL.. v.••.... ..•a s �a �11tt18` 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 MONTLIN-02 DCLAYTON �1CORO CERTIFICATE OF LIABILITY INSURANCE DATE 10/1 712 0 1 YY) �..� 10/17/2017 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 have ADDITIONAL INSURED provisions or 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 License#0696870 CONTNAMEACT Darcie Rae Clayton '1UB International Mountain States Limited PHONE FAX i00 Park Drive S A/c,No,Ext:(406)771-9971 A/c,Ne:(866)801-0495 ;teat Falls,MT 59401 ApoRE :darcie.Clayton@hubinternational.com ( INSURERS AFFORDING COVERAGE NAIC# INSURERANalley Forge Insurance Company 20508 YSURED INSURER B:The Continental Insurance Company 35289 Montana Lines Inc INSURERC: 2800 Upper River Road INSURER D: Great Falls,MT 59405 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP ,. TYPE OF INSURANCE p POLICY NUMBER DD DD LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS-MADE X OCCUR 5091616447 05/01/2017 05/01/2018 DAMAGE S(RENTED 500,000 X XPREMISES E I E E ccurrenc MED EXP(Any oneperson) 15,000 PERSONAL BADVINJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 POLICY®E LOC PRODUCTS-COMP/OP AGG 2,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident X ANYAUTO X X 5091616450 05/01/2017 05/01/2018 BODILY INJURY Perperson) _ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 4,000,000 EXCESS LIAB CLAIMS-MADE X X 5091616433 05/01/2017 05/01/2018 AGGREGATE 4,000,000 DED X RETENTION$ 10,000 A WORKERS COMPENSATION IF S_T_AT_U_TE X OTRH- AND EMPLOYERS'LIABILITY Y/N 5091616447 05/01/2017 05/01/2018 1,000,000 ANY PROPRIETORIPARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT A Installation Floater X X 5091616447 05/01/2017 05/01/2018 Special Form 390,000 A Installation Floater X X 5091616447 05/01/2017 05/01/2018 Deductible 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) *Coverage includes Stop Gap Employer's Liability with$1,000,000 Limits e: N 7th Avenue Streetscape Improvements-2017 .ertificate holder as owner,Morrison Maierle Inc as Engineer and DHM Design as Engineer's Consultants are additional insureds on a primary and non- contributory basis for general liability per form CNA75079XX 0115 and auto liability perform CNA71527XX 1012 respects this project when required by written ontract Waiver of Subrogation in favor of certificate holder,as owner is applicable for general liability per form CNA74705XX 0115 and auto liability per form CA0444 'EE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Bozeman THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1230 Bozeman,MT 59715 AUTHORIZED REPRESENTATIVE ►CORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:MONTLIN-02 DCLAYTOP' LOC M 1 A� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#0696870 NAMED INSURED HUB International Mountain States Limited Montana Lines Inc 2800 Upper River Road POLICY NUMBER Great Falls,MT 59405 Cascade SEE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: 1013 when required by written contract Additional Insured and Waiver of Subrogation applies to Installation Floater when required by written contract Umbrella is follow form over general liability,employers liability and auto liability 45 Days Notice of Cancellation, 10 days for Non-payment ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage,or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products- completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract;or 0 B. a higher limit of insurance than required by the written contract. 0 Ill. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written CNA75079XX(1-15) Policy No: 5091616447 Page 1 of 2 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/01/2017 Insured Name: MONTANA LINES INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX(1-15) Policy No: 5091616447 Page 2 of 2 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 0 5/01/2 017 Insured Name:MONTANA LINES INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. G-18652-J CHA (Ed. 07/12) CONTRACTORS'GENERAL LIABILITY EXTENSION ENDORSEMENT It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. SCHEDULE Coverage is summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. Additional Insureds Seven additional insured extensions. 2. Bodily Injury—Expanded Definition 3. Broad Knowledge of Occurrence/Notice of Occurrence 4. Broad Named Insured 5. Broadened Liability Coverage For Damage To"Your Product"And "Your Work" Limit:$100,000. 6. Contractual Liability—Railroads Expanded definition of"insured contract." 7. Contractual Liability For Personal And Advertising Injury 8. Electronic Data Liability Loss of Electronic Data Limit: $100,000. 9. Expanded Personal And Advertising Injury-Discrimination Or Humiliation 10. Expected Or Intended Injury Reasonable force—"bodily injury"or"property damage." 11. General Aggregate Limits Of Insurance-Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies Coverage for your interest in such terminated or ended organizations. 15. Legal Liability/Alienated Premises/Borrowed Equipment Coverage Extended perils. Default limit increased to$500,000 for Damage to Premises Rented To You. $25,000 limit for"property damage"to borrowed tools or equipment at a jobsite. 16. Liberalization Clause 17. Liquor Liability Coverage Extension 0 18. Medical Payments a Limits increased to$15,000. 0 Reporting increased to three years from the date of accident. 19. Non-owned Aircraft Coverage 20. Non-owned Watercraft Increased to 75 feet. 21. Primary And Non-Contributory To Other Insurance 22. Property Damage-Elevators 23. Supplementary Payments Cost of bail bonds increased to$5,000. Daily loss of earnings increased to$1,000. 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation -Blanket Waiver of subrogation where required by written contract or written agreement. 26. Wrap-Up Extension G-18652-J (Ed. 07/12) Page 1 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed. 07/12) 1. ADDITIONAL INSURED not apply to any "occurrence" which takes SECTION II—WHO IS AN INSURED is amended to place after the equipment lease expires. include as an insured any person or organization D. Lessor-Land (called additional insured)described in paragraphs A. An owner or other interest from whom land has through G. below whom you are required to add as an been leased by you but only with respect to additional insured on this policy under a written liability arising out of the ownership, maintenance contract or written agreement, provided the written or use of that specific part of the land leased to contract or written agreement: you and subject to the following additional i. Is currently in effect or becomes effective exclusions: during the term of this policy; and This insurance does not apply to: ii. Was executed prior to the "bodily injury," 1. Any "occurrence" which takes place after you "property damage" or "personal injury and cease to lease that land; or advertising injury" for which the additional insured seeks coverage. 2. Structural alterations, new construction or However, we will not provide the additional demolition operations performed by or on behalf of such additional insured, insured any broader coverage or any higher limit of insurance than the least that is: E. Lessor-Premises a. The maximum permitted by law; A manager or lessor of premises but only with respect to liability arising out of the ownership, b. Required in the written contract or written maintenance or use of that specific part of the agreement; premises leased to you and subject to the c. Afforded to you under this policy; or following additional exclusions: d. Described in the applicable paragraphs A. This insurance does not apply to: through G. below. 1. Any "occurrence" which takes place after you A. Controlling Interest cease to be a tenant in that premises; or Any persons or organizations with a controlling 2. Structural alterations, new construction or interest in you but only with respect to their liability demolition operations performed by or on arising out of: behalf of such additional insured. 1. Their financial control of you; or F. Mortgagee,Assignee or Receiver 2. Premises they own, maintain or control while A mortgagee, assignee or receiver but only with you lease or occupy these premises. respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, This insurance does not apply to structural maintenance, or use of a premises by you. alterations, new construction and demolition operations performed by or for such additional This insurance does not apply to structural insured. alterations, new construction or demolition operations performed by or for such additional B. Co-owner of Insured Premises insured. A co-owner of a premises co-owned by you and G. State or Governmental Agency or Subdivision covered under this insurance but only with respect or Political Subdivisions to the co-owner's liability as co-owner of such premises. A state or governmental agency or subdivision or political subdivision subject to the following C. Lessor-Equipment provisions: 1. Any person or organization from whom you 1. This insurance applies only with respect to the lease equipment, but only with respect to following hazards for which the state or liability for "bodily injury," "property damage" governmental agency or subdivision or or"personal and advertising injury" caused, in political subdivision has issued a permit or whole or in part, by your maintenance, authorization in connection with premises you operation or use of equipment leased to you own, rent, or control and to which this by such person or organization. insurance applies: 2. With respect to the insurance afforded to a. The existence, maintenance, repair, these additional insureds, this insurance does construction, erection, or removal of G-18652-J (Ed. 07/12) Page 2 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed. 07/12) advertising signs, awnings, canopies, (3) An executive officer or the employee cellar entrances, coal holes, driveways, designated by you to give such notice, if you manholes, marquees, hoistaway are a corporation; or openings, sidewalk vaults, street banners, (4) A manager, if you are a limited liability or decorations and similar exposures; or company. b. The construction, erection, or removal of B. NOTICE OF OCCURRENCE elevators; or c. The ownership, maintenance or use of Your rights under this Coverage Part will not be any elevators covered by this insurance. prejudiced if you fail to give us notice of an it offense, claim or"suit"and that 2. This insurance applies only with respect to failure is solely due to your reasonable belief that operations performed by you or on your behalf the"bodily injury"or"property damage"is not for which the state or governmental agency or covered under this Coverage Part. However, you subdivision or political subdivision has issued shall give written notice of this"occurrence," a permit or authorization. offense, claim or"suit"to us as soon as you are aware that this insurance may apply to such 3. This insurance does not apply to: "occurrence,"offense claim or"suit." a. "Bodily injury," "property damage" or 4. BROAD NAMED INSURED "personal and advertising injury" arising out of operations performed for the A. Any subsidiary or affiliate organization, other than federal government, state or municipality; a partnership, joint venture or limited liability or company, in which a Named Insured specifically b. "Bodily injury" or "property damage" shown in the Declarations has management included within the "products-completed control, directly or through one or more subsidiary operations hazard." organizations, at the time of loss will qualify as a Named Insured but only if there is no other similar A governmental permit which requires you to add insurance available to such organization, nor the governmental entity as an additional insured similar insurance which would be available but for will trigger this Provision 1.as if the permit were a exhaustion of its limits. For the purpose of this written contract. provision, similar insurance means general liability 2. BODILY INJURY—EXPANDED DEFINITION or equivalent insurance, no matter whether its coverage is broader or narrower than that SECTION V—DEFINITIONS,the definition of"bodily provided by this insurance. But if the only other injury"is changed to read: similar insurance is for a "consolidated (wrap-up) program," then a subsidiary that qualifies as a "Bodily injury" means bodily injury,sickness or disease Named Insured on such project-specific insurance sustained by a person, including death, humiliation, can still qualify as a Named Insured on this shock, mental anguish or mental injury by that person insurance, but not for projects covered by the at any time which results as a consequence of the "consolidated (wrap-up)program." bodily injury, sickness or disease. [Please see Item 26.C.of this endorsement for the 3. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE definition of"consolidated (wrap-up)program."] OF OCCURRENCE B. This endorsement does not apply to any Condition 2. Duties in The Event of Occurrence, organization for which coverage is excluded by Offense, Claim or Suit of SECTION IV— another endorsement attached to this policy. COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following provisions: C. Only for the purpose of this endorsement: A. BROAD KNOWLEDGE OF OCCURRENCE 1. Management control means: You must give us or our authorized representative a. Ownership interest representing more notice of an "occurrence," offense, claim, or "suit" than 50% of the voting, appointment, or only when the "occurrence," offense, claim or designation power for the subsidiary "suit"is known to: organization's governing body; or (1) You, if you are an individual; b. Having the right, pursuant to a written contract, or pursuant to the by-laws, (2) A partner, if you are a partnership; charter, operating agreement, or similar document of a specifically shown Named Insured or controlled subsidiary G-18652-J (Ed. 07/12) Page 3 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed. 07/12) organization to select, appoint, or (a) Fire; designate a majority of the subsidiary (b) Smoke; organization's governing body. Such contract or document must have been (c) Collapse; or created prior to the time of loss; or (d) Explosion. c. Having the right, pursuant to a written trust agreement, to protect, control the B. The following paragraph is added to SECTION III use of, encumber or transfer and sell —LIMITS OF INSURANCE: property held by a trust. Subject to 5.above, $100,000 is the most we will 2. Governing body means the Board of Directors pay under Coverage A for the sum of damages of a corporation. arising out of any one"occurrence" because of "property damage"to"your product"and"your 3. Loss means: work"that is caused by fire,smoke, collapse or a. The occurring of the "bodily injury" or explosion and is included within the"product- "property damage'; or completed operations hazard." This sublimit does not apply to property damage to your work If b. The committing of the offense that caused the damaged work or the work out of which the the"personal and advertising injury." damage arises was performed on your behalf by a D. The insurance provided by this policy applies to subcontractor. Named Insureds when trading under their own C. This Provision 5. Broadened Liability Coverage names, or under such trading names or doing- For Damage To "Your Product" And "Your business-as (DBA) names as any should choose Work" does not apply if an endorsement of the to employ. same name is attached to this policy. 5. BROADENED LIABILITY COVERAGE FOR 6. CONTRACTUAL LIABILITY—RAILROADS DAMAGE TO "YOUR PRODUCT" AND "YOUR With respect to operations performed within 50 feet of WORK" railroad property, the definition of"insured contract" in A. Under SECTION I — COVERAGE A — BODILY SECTION V—DEFINITIONS is replaced by the INJURY AND PROPERTY DAMAGE LIABILITY, following: Paragraph 2. Exclusions is amended to delete "Insured Contract" means: exclusions k. and I. and replace them with the following: a. A contract for a lease of premises. However, that [This insurance does not apply to:) portion of the contract for a lease of premises that indemnifies any person or organization for k. Damage to Your Product damage by fire to premises while rented to you or "Property damage"to"your product"arising temporarily occupied by you with permission of out of it, or any part of it except when caused the owner is not an Insured contract"; by or resulting from: b. A sidetrack agreement; (1) Fire; c. Any easement or license agreement; (2) Smoke; d. An obligation, as required by ordinance, to (3) Collapse; or indemnify a municipality, except in connection with work for a municipality; (4) Explosion. e. An elevator maintenance agreement; I. Damage to Your Work f. That part of any other contract or agreement "Property damage"to"your work"arising out of it, pertaining to your business (including an or any part of it and included in the"products- indemnification of a municipality in connection with completed operations hazard." work performed for a municipality) under which you assume the tort liability of another party to pay This exclusion does not apply: for "bodily injury" or "property damage" to a third (1) If the damaged work or the work out of person or organization. Tort liability means a which the damage arises was performed liability that would be imposed by law in the on your behalf by a subcontractor; or absence of any contract or agreement. (2) If the cause of loss to the damaged work Paragraph f.does not include that part of any arises as a result of: contract or agreement: G-18652-J (Ed. 07/12) Page 4 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed. 07/12) (1) That indemnifies an architect, engineer or "Electronic data" means information,facts or surveyor for injury or damage arising out of: programs stored as or on, created or used on, or transmitted to or from computer software (a) Preparing, approving or failing to prepare (including systems and applications software), or approve maps, shop drawings, hard or floppy disks, CD-ROMS, tapes, drives, opinions, reports, surveys, field orders, cells, data processing devices or any other media change orders or drawings and which are used with electronically controlled specifications;or equipment. (b) Giving directions or instructions, or failing D. For the purposes of the coverage provided by this to give them, if that is the primary cause endorsement, the definition of "property damage" of the injury or damage; in SECTION V— DEFINITIONS is replaced by the (2) Under which the insured, if an architect, following: engineer or surveyor, assumes liability for an 17. "Property damage" means: injury or damage arising out of the insured's rendering or failure to render professional a. Physical injury to tangible property, services, including those listed in (1) above including all resulting loss of use of that and supervisory, inspection, architectural or property. All such loss of use shall be engineering activities. deemed to occur at the time of the 7. CONTRACTUAL LIABILITY FOR PERSONAL AND physical injury that caused it; ADVERTISING INJURY b. Loss of use of tangible property that is not Under SECTION I—COVERAGE B—PERSONAL physically injured. All such loss of use AND ADVERTISING INJURY LIABILITY, Paragraph 2, shall be deemed to occur at the time of Exclusions is amended to delete exclusion e. the"occurrence"that caused it; or Contractual Liability. c. Loss of, loss of use of, damage to, This provision 7.does not apply to any person or corruption of, inability to access, or electronic organization who otherwise qualifies as an additional inability to properly manipulate insured on this Coverage Part. data," resulting from physical injury to tangible property. All such loss of 8. ELECTRONIC DATA LIABILITY "electronic data" shall be deemed to occur at the time of the "occurrence" that A. Under SECTION I — COVERAGE A — BODILY caused it. INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion p. For the purposes of this insurance, "electronic Electronic Data and replace it with the following: data" is not tangible property. [This insurance does not apply to:] E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this p. Electronic Data policy, then the $100,000 limit provided by this Damages arising out of the loss of, loss of use of, Provision 8. Electronic Data Liability is part of, damage to, corruption of, inability to access, or and not in addition to,that higher limit. inability to manipulate "electronic data" that does g, EXPANDED PERSONAL AND ADVERTISING not result from physical injury to tangible property. INJURY-DISCRIMINATION OR HUMILIATION However, this exclusion does not apply to liability A. SECTION V — DEFINITIONS is amended to add for damages because of"bodily injury." the following to the definition of "Personal and B. The following paragraph is added to SECTION III advertising injury": —LIMITS OF INSURANCE: h. Discrimination or humiliation that results in Subject to 5. above, $100,000 is the most we will injury to the feelings or reputation of a natural pay under Coverage A for all damages arising out person, but only if such discrimination or of any one"occurrence" because of"property humiliation is: damage"that results from physical injury to (1) Not done intentionally by or at the tangible property and arises out of"electronic direction of: data." (a) The insured; or C. The following definition is added to the SECTION V—DEFINITIONS: (b) Any "executive officer," director, stockholder, partner, member or G-18652-J (Ed. 07/12) Page 5 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed. 07/12) manager (if you are a limited liability "property damage" included in the company)of the insured; and "products-completed operations hazard'; (2) Not directly or indirectly related to the and employment, prospective employment, 2. All medical expenses under Coverage C, past employment or termination of employment of any person or persons by that arise from "occurrences" or accidents any insured. which can be attributed solely to ongoing operations at that construction project. B. Under SECTION I— COVERAGE B —PERSONAL Such payments shall not reduce the AND ADVERTISING INJURY LIABILITY, General Aggregate Limit shown in the Paragraph 2. Exclusions is amended to add the Declarations, nor the Construction Project following additional exclusions: Aggregate Limit of any other construction [This insurance does not apply to:] project. Discrimination Relating To Room, Dwelling B. All: or Premises 1. Damages under Coverage B, regardless of "Personal or advertising injury"caused by the number of locations or construction discrimination directly or indirectly related to projects involved; the sale, rental, lease or sub-lease or 2. Damages under Coverage A, caused by prospective sale, rental, lease or sub-lease of "occurrences" which cannot be attributed any room, dwelling or premises by or at the solely to ongoing operations at a single direction of any insured. construction project, except damages Fines Or Penalties because of "bodily injury" or "property damage included in the products-completed Fines or penalties levied or imposed by a operations hazard"; and governmental entity because of 3. Medical expenses under Coverage C caused discrimination. by accidents which cannot be attributed solely This provision 9. does not apply to any person or to ongoing operations at a single construction organization who otherwise qualifies as an project, additional insured on this Coverage Part. will reduce the General Aggregate Limit shown in 10. EXPECTED OR INTENDED INJURY the Declarations. Under SECTION I—COVERAGE A—BODILY C. The limits shown in the Declarations for Each INJURY AND PROPERTY DAMAGE LIABILITY, Occurrence, for Damage To Premises Rented To Paragraph 2. Exclusions is amended to delete You and for Medical Expense continue to apply, exclusion a. Expected or Intended Injury and but will be subject to either the Construction replace it with the following: Project Aggregate Limit or the General Aggregate Limit, depending on whether the "occurrence" can [This insurance does not apply toJ be attributed solely to ongoing operations at a a. Expected or Intended Injury particular construction project. "Bodily injury"or"property damage"expected D. When coverage for liability arising out of the or intended from the standpoint of the insured. "products-completed operations hazard" is This exclusion does not apply to"bodily provided, any payments for damages because of injury"or"property damage" resulting from the "bodily injury" or "property damage" included in use of reasonable force to protect persons or the "products-completed operations hazard," property. regardless of the number of locations involved will reduce the Products-Completed Operations 11. GENERAL AGGREGATE LIMITS OF Aggregate Limit shown in the Declarations. INSURANCE -PER PROJECT E. If a single construction project away from A. For each construction project away from premises owned by or rented to the insured has premises you own or rent, a separate been abandoned and then restarted, or if the Construction Project General Aggregate Limit, authorized contracting parties deviate from plans, equal to the amount of the General Aggregate blueprints, designs, specifications or timetables, Limit, is the most we will pay for the sum of: the project will still be deemed to be the same 1. All damages under Coverage A, except construction project. damages because of "bodily injury" or G-18652-J (Ed. 07/12) Page 6 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed. 07/12) F. The provisions of SECTION III — LIMITS OF C. SECTION V — DEFINITIONS is amended to add INSURANCE not otherwise modified by this the following new definition: endorsement shall continue to apply as stipulated. "Health care incident" means a negligent act, error 12. IN REM ACTIONS or omission by your "employees" or "volunteer Any action in rem against any vessel owned or workers" working on your behalf in the rendering operated by or for you, or chartered by or for you will of or failure to render professional health care be treated in the same manner as though the action services in any of the following capacities, or the were in personam against you. related furnishing of food, beverages, medical supplies or appliances: In rem is a term used to designate actions instituted a. Physician; against the thing, as distinct from actions against the person,which are said to be in personam. b. Nurse; 13. INCIDENTAL HEALTH CARE MALPRACTICE c. Emergency medical technician; COVERAGE d. Paramedic; A. With respect only to "bodily injury" that arises out of a "health care incident," COVERAGE A — e. Chiropractor; BODILY INJURY AND PROPERTY DAMAGE f. Dentist; LIABILITY OF SECTION 1 — COVERAGES is amended to replace Insuring Agreement g• Athletic trainer; Paragraphs 1.b.(1)and 1.b.(2)with the following: h. Audiologist; b. This insurance applies to "bodily injury" only if i. Physical therapist; you are not in the business of providing professional health care services, and only if: j. Psychologist; (1) The "bodily injury" is caused by an k. Speech therapist; occurrence" that takes place in the 1. Other allied health professional; or coverage territory. For the purpose of this insurance: m. Provider of first aid or Good Samaritan (a) "Bodily injury" caused by a "health services rendered in an emergency and for care incident" will be considered which no payment is demanded or received. caused by an "occurrence"; and D. SECTION I — COVERAGE A — BODILY INJURY (b) All acts, errors or omissions that are AND PROPERTY DAMAGE, Paragraph 2. logically connected by any common Exclusions is amended to add the following fact, circumstance, situation, additional exclusions. These new exclusions apply transaction, event, advice or decision only to this Incidental Health Care Malpractice will be considered to constitute a Coverage: single"occurrence'; [This insurance does not apply to:] o (2) The "bodily injury" occurs during the Dishonesty or Crime N policy period. All "bodily injury" arising from an "occurrence" will be deemed to Any dishonest, criminal or malicious act, error or have occurred at the time of the first act, omission. error, or omission that is part of the Clinical Trials/Product Testing "occurrence"; and Acts, errors or omissions that occur in the course B. With respect only to the insurance provided by this of human clinical trials or product testing. Provision 13., Exclusion 2.e. Employer's Liability of SECTION I — COVERAGE A — BODILY Medicare/Medicaid Fraud INJURY AND PROPERTY DAMAGE, is amended Medicare or Medicaid fraud or abuse. to append the following: Services Excluded by Endorsement Only for "bodily injury" not covered by other liability insurance (including state-sanctioned self Any "health care incident" for which coverage is insurance) available to the insured (or which excluded by endorsement. would be available but for exhaustion of its limits), E. SECTION V — DEFINITIONS is amended to add this exclusion does not apply to"bodily injury"that the following subparagraph to Paragraph f. of the arises out of a"health care incident." definition of"insured contract": G-18652-J (Ed. 07/12) Page 7 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed. 07/12) Paragraph f. does not include that part of any A. The following is added to SECTION 11 — WHO IS contract or agreement: AN INSURED: (4) Under which you assume another's tort 4. You are an insured when you had an interest liability for "bodily injury" arising out of the in a joint venture, partnership or limited rendering of or failure to render professional liability company which terminated or ended health care services. prior to or during this policy period, but only to F. SECTION II—WHO IS AN INSURED is amended the extent of your interest in such joint to add the following provisions: venture, partnership or limited liability company. This coverage does not apply: 1. Your "employees" are insureds with respect a. Prior to the termination date of any joint to: venture, partnership or limited liability a. "bodily injury" to a co-"employee"while in company; the course of the co-"employee's" b. If there is other valid and collectible employment by you or while performing insurance purchased specifically to insure duties related to the conduct of your the partnership, joint venture or limited business; and liability company; or b. "bodily injury" to a "volunteer worker" c. To a joint venture, partnership or limited while performing duties related to the liability company which is or was insured conduct of your business; under a "consolidated (wrap-up) when such "bodily injury"arises out of a insurance program." "health care incident." [Please see Item 26.C. of this endorsement 2. Your "volunteer workers" are insureds with for the definition of "consolidated (wrap-up) respect to: program."] a. "bodily injury" to a co-"volunteer worker" B. The last paragraph of SECTION II — WHO IS AN while performing duties related to the INSURED is deleted and replaced by the conduct of your business; and following: b. "bodily injury" to an "employee" while in Except as provided under the Contractors' the course of the "employee's" General Liability Extension Endorsement or by the employment by you or while performing attachment of another endorsement (if any), no duties related to the conduct of your person or organization is an insured with respect business; to the conduct of any current or past partnership, joint venture or limited liability company that is not when such "bodily injury" arises out of a"health care incident." shown as a Named Insured in the Declarations. 15. LEGAL LIABILITY/ALIENATED PREMISES/ 3. Paragraphs 2.a. (1)(a), (b) and (c) of BORROWED EQUIPMENT SECTION II — WHO IS AN INSURED do not apply to "bodily injury" for which insurance is A. Under SECTION 1 — COVERAGE A — BODILY provided this Provision 13. INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion j. 4. Paragraph 2.a.(1)(d)of SECTION II—WHO IS Damage to Property in its entirety and replace it AN INSURED is deleted, with the following: G. With respect to the insurance provided by this [This insurance does not apply to:] Provision 13., the following is added to Paragraph 4.b.(1) of SECTION IV — COMMERCIAL j. Damage to Property GENERAL LIABILITY CONDITIONS: "Property damage"to: To the extent this insurance applies, it is excess (1) Property you own, rent, or occupy; over any of the other insurance (including qualified self insurance), whether primary, excess, (2) Premises you sell, give away or abandon, contingent or on any other basis, except for if the"property damage" arises out of any insurance purchased specifically by you to be part of those premises; excess of this policy. (3) Property loaned to you; 14. JOINT VENTURES / PARTNERSHIP / LIMITED (4) Personal property in the care, custody or LIABILITY COMPANIES control of the insured; G-18652-J (Ed. 07/12) Page 8 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed. 07/12) (5) That particular part of real property on others that occurs while the equipment is being which you or any contractors or used to perform operations. subcontractors working directly or D. Paragraph 6. Damage To Premises Rented To indirectly on your behalf are performing You Limit of SECTION III — LIMITS OF operations, if the "property damage" INSURANCE is replaced by the following: arises out of those operations; or (6) That particular part of any property that 6. Subject to Paragraph 5. above, (the Each must be restored, repaired or replaced Occurrence Limit), the Damage To Premises because "your work" was incorrectly Rented To You Limit is the most we will pay performed on it. under SECTION — I — COVERAGE A for damages because of "property damage" to Paragraph (2)of this exclusion does not apply any one premises while rented to you or if the premises are"your work." temporarily occupied by you with the Paragraphs (3) and (4) of this exclusion do permission of the owner, including contents of such premises rented to you for a period of 7 not apply to "property damage" to tools or equipment loaned to you. A separate limit of or fewer consecutive days. The Damage To insurance applies to such tools or equipment Premises Rented To You Limit is the greater that are damaged while being used in your of: operations. a. $500,000; or Paragraphs (1), (3) and (4) of this exclusion b. The Damage To Premises Rented To do not apply to "property damage" (other than You Limit shown in the Declarations. damage by fire) to premises rented to you or E. Paragraph 4.b.(1)(a)(ii) of SECTION IV — temporarily occupied by you with the COMMERCIAL GENERAL LIABILITY permission of the owner, or to the contents of CONDITIONS is deleted and replaced by the premises rented to you for a period of 7 or following: fewer consecutive days. A separate limit of insurance applies to Damage To Premises (ii) That is property insurance for premises rented Rented To You as described in SECTION 111— to you, for premises temporarily occupied by LIMITS OF INSURANCE. you with the permission of the owner; or for Paragraphs (3), (4), (5) and (6) of this personal property of others in your care, exclusion do not apply to liability assumed custody or control; under a sidetrack agreement. F. This Provision 15. does not apply if Damage To Paragraph (6) of this exclusion does not apply Premises Rented To You Liability under SECTION to "property damage" included in the —I—COVERAGE A is excluded by endorsement. N "products-completed operations hazard." 16. LIBERALIZATION CLAUSE B. Under SECTION I — COVERAGE A — BODILY If we adopt a change in our forms or rules which would INJURY AND PROPERTY DAMAGE the last broaden coverage for contractors under this o paragraph of Paragraph 2. Exclusions is deleted endorsement without an additional premium charge, N and replaced by the following. your policy will automatically provide the additional Exclusions c. through in. do not apply to damage coverage as of the date the revision is effective in your by fire to premises while rented to you or state. temporarily occupied by you with permission of 17. LIQUOR LIABILITY the owner nor to the contents of premises rented to you for a period of 7 or fewer consecutive days. Under SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. A separate limit of insurance applies to this Exclusions is amended to delete exclusion c. Liquor coverage as described in SECTION III — LIMITS Liability. OF INSURANCE. This provision 17. does not apply to any person or C. The following paragraph is added to SECTION III organization who otherwise qualifies as an additional —LIMITS OF INSURANCE: insured on this Coverage Part. Subject to 5. above, $25,000 is the most we will 18. MEDICAL PAYMENTS pay under Coverage A for damages arising out of any one "occurrence" because of "property A. Paragraph 7. Medical Expense Limit, of SECTION damage" to tools or equipment loaned to you by III — LIMITS OF INSURANCE is deleted and replaced by the following: G-18652-J (Ed. 07/12) Page 9 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed. 07/12) 7. Subject to Paragraph 5. above (the Each following is added to Paragraph 4. of SECTION IV— Occurrence Limit), the Medical Expense Limit COMMERCIAL GENERAL LIABILITY CONDITIONS: is the most we will pay under SECTION — I — If you have agreed in writing in a contract or COVERAGE C for all medical expenses because of "bodily injury" sustained by any agreement that this insurance is primary and non- one person. The Medical Expense Limit is the contributory relative to an additional insured's own greater of: insurance, then this insurance is primary and we will not seek contribution from that other insurance. For (1) $15,000; or the purpose of this Provision 21.,the additional (2) The amount shown in the Declarations for insured's own insurance means insurance on which Medical Expense Limit. the additional insured is a Named Insured. B. Paragraph 1.a.(3)(b)of SECTION I—COVERAGE This Provision 21.does not apply in situations where C MEDICAL PAYMENTS, is replaced by the the endorsement on this policy affording coverage to following: the additional insured specifies that this insurance is excess over any other insurance available to that (b) The expenses are incurred and reported to us additional insured. within three years of the date of the accident; 22. PROPERTY DAMAGE—ELEVATORS and This paragraph B. does not apply to medical A. Under SECTION I — COVERAGE A — BODILY expenses incurred in the state of Missouri. INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended such that exclusion k. 19. NON-OWNED AIRCRAFT Damage to Your Product, and subparagraph (3), (4) and (6) of exclusion j. Damage to Property do Under SECTION I—COVERAGE A—BODILY not apply "property damage" that results from the INJURY AND PROPERTY DAMAGE LIABILITY. use of elevators. Paragraph 2. Exclusions is amended such that exclusion g.Aircraft,Auto or Watercraft does not B. With respect only to the coverage provided by this apply to an aircraft you do not own, provided that: endorsement, Condition 4. Other Insurance in SECTION IV — COMMERCIAL GENERAL 1. The pilot in command holds a currently effective LIABILITY CONDITIONS is amended to add the certificate issued by the duly constituted authority following subparagraph b.(1)(a)(v): of the United States of America or Canada, designating that person as a commercial or airline 4. Other Insurance transport pilot; b. Excess Insurance 2. The aircraft is rented to you with a trained, paid (1) This insurance is excess over: crew; and 3. The aircraft does not transport persons or cargo (a) Any of the other insurance, whether primary, excess, for a charge. contingent or on any other basis: 20. NON-OWNED WATERCRAFT (v) That is Property insurance Under SECTION I—COVERAGE A—BODILY covering property of others INJURY AND PROPERTY DAMAGE LIABILITY, damaged from the use of Paragraph 2. Exclusions is amended to delete elevators. subparagraph (2)of exclusion g.Aircraft,Auto or 23. SUPPLEMENTARY PAYMENTS Watercraft and replace it with the following. [This exclusion does not apply to:] A. Under Section I — Supplementary Payments — Coverages A and B, Paragraph 1.b., the limit of (2) A watercraft you do not own that is: $250 shown for the cost of bail bonds is replaced (a) Less than 75 feet long; and by$5,000: B. In Paragraph 1.d.,the limit of$250 shown for daily (b) Not being used to carry persons or property loss of earnings is replaced by$1,000. for a charge. 21. PRIMARY AND NON-CONTRIBUTORY TO OTHER 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS INSURANCE If unintentionally you should fail to disclose all existing With respect to any person or organization that is an hazards at the inception date of your policy,we will not additional insured under this Coverage Part, the deny coverage under this Coverage Part because of such failure. G-18652-J (Ed. 07/12) Page 10 of 11 Copyright,CNA All Rights Reserved. G-18652-J (Ed. 07/12) 25. WAIVER OF SUBGROGATION -BLANKET or during such operations of anyone acting on Under SECTION IV—COMMERCIAL GENERAL your behalf; nor LIABILITY CONDITIONS, The Transfer Of Rights Of 2. "Bodily injury" or "property damage" included Recovery Against Others To Us Condition is amended within the "products-completed operations by the addition of the following: hazard"that arises out of those portions of the We waive any right of recovery we may have against project that are not"residential structures." any person or organization because of payments we B. SECTION IV — COMMERCIAL GENERAL make for injury or damage arising out of: LIABILITY CONDITIONS is amended to add the 1. Your ongoing operations; or following subparagraph 4.1b.(1)(c) to Condition 4. Other Insurance: 2. "Your work" included in the "products completed [This insurance is excess over:] operations hazard." However, this waiver applies only when you have (c) Any of the other insurance whether primary, agreed in writing to waive such rights of recovery in a excess, contingent or any other basis that is insurance available to you as a result of your contract or agreement, and only if the contract or being a participant in a "consolidated (wrap- agreement: up) insurance program," but only as respects 1. Is in effect or becomes effective during the term of your involvement in that "consolidated (wrap- this policy; and up)insurance program." 2. Was executed prior to loss. C. SECTION V — DEFINITIONS is amended to add 26. WRAP-UP EXTENSION: OWNER CONTROLLED the following definition: INSURANCE PROGRAM, CONTRACTOR "Consolidated (wrap-up)insurance program" CONTROLLED INSURANCE PROGRAM OR means a construction, erection or demolition CONSOLIDATED (WRAP-UP) INSURANCE project for which the prime contractor/project PROGRAMS manager or owner of the construction project has secured general liability insurance covering some Note: The following provision does not apply to any or all of the contractors or subcontractors involved public construction project in the state of Oklahoma, in the project, such as an Owner Controlled nor to any construction project in the state of Alaska, Insurance Program (O.C.I.P.) or Contractor that is not permitted to be insured under a Controlled Insurance Program (C.C.I.P.). consolidated (wrap-up)insurance program by applicable state statute or regulation: "Residential structure" means any structure where 30%or more of the square foot area is used or is If the endorsement EXCLUSION—CONSTRUCTION intended to be used for human residency including WRAP-UP or another exclusionary endorsement but not limited to single or multifamily housing, pertaining to Owner Controlled Insurance Programs apartments, condominiums, townhouses, co- (O.C.I.P.)or Contractor Controlled Insurance operatives or planned unit developments and also rn Programs (C.C.I.P.)is attached to this policy,then the includes their common areas and/or appurtenant following changes apply: structures (including pools, hot tubs, detached N A. The following wording is added to the garages, guest houses or any similar structures). endorsement: When there is no individual ownership of units, residential structure does not include military With respect to a"consolidated (wrap-up) housing, college/university housing or dormitories, insurance program"project in which you are or long term care facilities, hotels, or motels. were involved, this exclusion does not apply to Residential structure also does not include those sums you become legally obligated to pay hospitals or prisons. as damages because of: This provision 26. does not apply to any person or 1. "Bodily injury," "property damage," or organization who otherwise qualifies as an "personal or advertising injury" that occurs additional insured on this Coverage Part. during your ongoing operations at the project, All other terms and conditions of the Policy remain unchanged. Material used with permission of ISO Properties, Inc G-18652-J (Ed. 07/12) Page 11 of 11 Copyright,CNA All Rights Reserved. CNA CNA71527XX (Ed. 10/12) ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section 11 — LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. m a 0 s CNA71527XX(10/12) Policy No: Page 1 of 1 Endorsement No: Effective Date: 0 5/01/2 017 Insured Name:MONTANA LINES INC Copyright CNA All Rights Reserved. POLICY NUMBER: COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: MONTANA LINES INC Endorsement Effective Date: 05/01/2017 SCHEDULE Name(s)Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. 0 The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or 0 organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 4410 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 DCLAYTON DATE/1 / Y) V" INSURANCE BINDER 10/17/20172017 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT SUBJECT TO THE CONDITIONS SHOWN ON PAGE 2 OF THIS FORM. AGENCY COMPANY BINDER# AUB International Mountain States Limited Mid-Continent Casualty 66559 100 Park Drive S Great Falls,MT 59401 DATE EFFECTIVE TIME D EXPIRATION ATE N AM K 2:01 AM 10/17/2017 12.01 PM 12/1612017NOON A/C NNo Ext:(406)771-9971 aC Ne: 866 801-0495 THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY "ODE: SUB CODE: PER EXPIRING POLICY#: AGENCY^.USTOMER I MONTLIN-02 License#0696870 DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY(including Location) D: INSURED AND MAILING ADDRESS N 7th Avenue Streetscape Improvements-2017 Bozeman MT City of Bozeman Contractor: Montana Lines Inc PO Box 1230 2800 Upper River Road Bozeman,MT 59715 Great Falls MT 59405 `'OVERAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS% AMOUNT PROPERTY CAUSES OF LOSS BASIC BROAD SPEC GENERAL LIABILITY 16292-Construction Operations-Owner(Not Railroads)-Excluding Operations On Board EACH OCCURRENCE 2,000,00 DAMAGETO COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR MED EXP(Any oneperson) X Owners Contractors Protective Liability PERSONAL R ADV INJURY GENERAL AGGREGATE 4,000,00 RETRO DATE FOR CLAIMS MADE: PRODUCTS-COMP/OP AGG VEHICLE LIABILITY COMBINED SINGLE LIMIT ANY AUTO BODILY INJURY Perperson) ALL OWNED AUTOS BODILY INJURY Per accident SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS MEDICAL PAYMENTS NON-OWNEDAUTOS PERSONAL INJURY PROT UNINSURED MOTORIST %EHICLE PHYSICAL DAMAGE DED ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION: STATED AMOUNT $ OTHER THAN COL: 3ARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE .XCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION PER STATUTE WORKER'S COMPENSATION E.L.EACH ACCIDENT AND EMPLOYER'S LIABILITY E.L.DISEASE-EA EMPLOYEE I E.L.DISEASE-_POLICY LIMIT `;PECIAL FEES IONDITIONS/ OTHER TAXES COVERAGES ESTIMATED TOTAL PREMIUM $ VAME ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN M AUTHORIZED REPRESENTATIVE Page 1 of 2 ©1993-2013 ACORD CORPORATION. All rights reserved. �NCORD 75(2013/09) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: MONTLIN-02 DCLAYTO CONDITIONS This Company binds the kind(s)of insurance stipulated on page 1 of this form. The Insurance is subject to the terms, conditions and limitations of the policy(ies)in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective.This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in Arizona Binders are effective for no more than ninety(90)days. Applicable in California When this form is used to provide insurance in the amount of one million dollars($1,000,000)or more,the title of the form is changed from"Insurance Binder"to"Cover Note". Applicable in Colorado With respect to binders issued to renters of residential premises, home owners, condo unit owners and mobile home owners, the insurer has thirty (30) business days, commencing from the effective date of coverage, to evaluate the issuance of the insurance policy. Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written I notice of the cancellation at least ten (10)days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan,a paid receipt of the full amount of the applicable premium,and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Maryland The insurer has 45 business days, commencing from the effective date of coverage to confirm eligibility for coverage under the insurance policy. Applicable in Michigan The policy may be cancelled at any time at the request of the insured. Applicable in Nevada I Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. Applicable in Oklahoma All policies shall expire at 12:01 a.m.standard time on the expiration date stated in the policy. Applicable in Oregon Binders are effective for no more than ninety(90)days. A binder extension or renewal beyond such 90 days would require the written approval by the Director of the Department of Consumer and Business Services. Applicable in the Virgin Islands This binder is effective for only ninety (90) days. Within thirty (30) days of receipt of this binder, you should request an insurance policy or certificate(if applicable)from your agent and/or insurance company. ACORD 75(2013/09) Page 2 of 2 MINUTES OF A MEETING OF THE BOARD OF DIRECTORS A meeting of the Board of Directors of MONTANA LINES,INC. he Corporation"),a corporation organized under the laws of the State of Montana, was held at the principal office of the Corporation in the City and State of Great Falls,MT on the 19'h day of August, 2003. There being a quorum present,the President called the meeting to order. The President of the Corporation brought before the Board of Directors a proposal to allow James S. Bumgarner,the Corporation's Project Manager,to sign construction contracts when and if,the Officers of the Corporation are unavailable to do so. The Board of Directors reviewed the proposal. After a full discussion and due consideration and upon motion duly made, seconded and adopted, it was: RESOLVED,that James S. Bumgarner be allowed to sign construction contracts when, and if, the Officers of the Corporation are unavailable to do so. There being no further business to come before the meeting, on motion duly made, seconded and adopted, the meeting was adjourned. CERTIFICATION The undersigned hereby certifies that the above is a true and correct copy of the minutes of the meeting of the Board of Directors held on the 19''day of August, 2003 in accordance with the law and bylaws of SaAw Co orati2 on. Date Secretary F s NOTE: THIS DOCUMENT HAS BEEN AMENDED FOR THIS 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 ACEC AMm,I C:o"m or F-NGIN ..(:oa�rv:�cs R i f�KI ien urr ASCE American Society National Society of of Civil Engineers Professional Engineers Professional Fnpineers 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 lov CONSTRUCTION SPECIFICATIONS INSTITUTE 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 1 of 73 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 s#i#eou Additions to the Standard EJCDC General Conditions are Underlined. Adaptation of Standard General Conditions prepared by Morrison-Maierle,Inc. Copyright©2007 National Society of Professional Engineers 1420 King Street,Alexandria,VA 22314-2794 (703)684-2882 www.nspe.or� 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 www.asce.or� Associated General Contractors of America 2300 Wilson Boulevard, Suite 400,Arlington,VA 22201-3308 (703) 548-3118 www.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 Contract—00700—Page 2 of73 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 Article2—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 Article5—Bonds and Insurance......................................................................................................................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 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 3 of 73 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 Schedule.......................................................................................................................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......................................................................................................................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 Article7-Other Work at the Site...................................................................................................................44 7.01 Related Work at Site...................................................................................................................44 7.02 Coordination................................................................................................................................44 7.03 Legal Relationships.....................................................................................................................45 Article8-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 I 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..........................................................................................................................................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...........................................................................................................................57 13.03 Tests and Inspections..................................................................................................................58 13.04 Uncovering Work........................................................................................................................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....................................................................................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..............................................................................................................................68 14.08 Final Completion Delayed..........................................................................................................69 14.09 Waiver of Claims........................................................................................................................69 14 00700.doc Standard General Conditions of the Construction Contract-00700-Page 5 of 73 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 15.03 Owner May Terminate For Convenience...................................................................................71 15.04 Contractor May Stop Work or Terminate...................................................................................71 Article16—Dispute Resolution......................................................................................................................72 16.01 Methods and Procedures.............................................................................................................72 Article17—Miscellaneous..............................................................................................................................72 17.01 Giving Notice..............................................................................................................................72 17.02 Computation of Times................................................................................................................73 17.03 Cumulative Remedies.................................................................................................................73 17.04 Survival of Obligations...............................................................................................................73 17.05 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 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents, 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. The definition of the word "Contract' is s n�onymous 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 terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements,whether written or oral. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 7 of 73 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 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 entity 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. 2-0 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. 22.2� General Requirements—Sections of Division 1 of the Specifications. 23. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 24. 22 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 November 2012 26. 2-5 Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. 246., 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. 2-8. 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 purpose) prior to Substantial Completion of all the Work. 32. 30-. 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. 32L. 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 fiom 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. 37L. 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. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 9 of 73 Revised November 2012 40. -34,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. -39-. 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: Slaop 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. 44-. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 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. 43r. 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. 4-57 Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 48. 46: Supplementafy Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 49. 47 Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 50. 49-. 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. 58: 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 Cliange 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 1.023 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 I I of 73 14 00700.doc Revised November 2012 b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility 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," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELEVHNARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as 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 eaeh deliver to Owner the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance(and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor ap n..nef--espee+vely-- is required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. Standard General Conditions of the Construction Contract—00700—Page 12 of73 14 00700.doc Revised November 2012 2.03 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 tt,irtiett, day.,fro,.the 1~ff iye Date of the Agreement t er, :f a Net: e to Weeeea is give e 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. r„ no event will th Gen4aO Times .efmneaee t: nm late than the sixtieth day .,fro« the d of Bid opening L,« t tl,:«tietb, day.,fro«tl e-1-20-e five Date of the A gF eRt ,.,t,:,,heye«da4e: ar4ie.- , o 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 of 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 is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A,procedures for handling Shop Drawings and other 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 Gen4aeter-, Engineef, ead othefs as appropriate will be held to r-�view for- aeeeptability to GoatFaeter-shall have an additienia4 10 days to make eaffeetions and adjustmej#s and to ee sehedtiles are Iced to - eef .b'. .n 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 fonn 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 0l A.5.c 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 November 2012 2.03 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 tun on the d4A4eth-dav-after-the ENetive Date f the A + f a N atiee to Preeee—u���rtn. 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. 7n no event will +1, 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 of manufacture as well as the horse power,capacity or weight and accessories 2.06 Preconstf-uction Conference;Desigliation ofAuthorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A,procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 13 of73 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 blitial Acceptance of Schedules hedul .ar mit4ed*tea A Prior to the first_pplication for pgMent 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 rovides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11 0l.A.5.c 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 November 2012 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 thew 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'c Review-of-Conti-act-Doe-uments ur ce�f yyor�C-If,-dmirrg 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. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 15 of 73 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 of 73 14 00700.doc Revised November 2012 3.06 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 pro e�rty owner and tenant of the land. The Contractor shall not enter for materials deliveLY or occupy for an other purpose with men, tools, equipment, construction materials or with materials excavated from the site any rrvate property outside the desimated construction easement boundaries or right-of-way without written permission from the property owner and tenant 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 17 of73 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 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do Standard General Conditions of the Construction Contract—00700—Page 18 of73 14 00700.doc Revised November 2012 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 adiustment in the contract price or contract times (or Milestones) will be valid for differmg 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 if a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the .submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and 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. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 19 of 73 Revised November2012 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 Slzown or b7dicated: 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 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 21 of 73 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. L 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 5.01 Performance, Payment, and Otlzer Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, 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 sitmied 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 5.01.B, Contractor shall promptly notify Owner and Engineer and shall,within 20 days after the event giving rise to such notification,provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 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. ptwshase unitiam: 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 23 of73 Revised November 2012 B. An Authorized Representative of the insurance coin an 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 Nhscellaneous Forms section. C. All insurance required to be provided under Article 5 shall be written in such a manner as to afford primary insurance coverage (as 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 artners em to ees 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. DE.Bv reguirin; 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. 5.04 Contractors Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of 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; k Standard General Conditions of the Construction Contract—00700—Page 24 of 73 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 days (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 mil 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 twe-three years after final payment. b. Contractor shall fiunish 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 en e for each year thereafter until this provision is satisfied. 5.05 Owner's Liability Insw-ance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 25 of 73 Revised November2012 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, owner 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 shall at least include insurance for physical loss or damage to the Work, including machinery and testing and start up of machinery (including 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 agreed to in writing by"""'^"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 to 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-3.0 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, end--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 DQAll 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 -9 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 extepit of any de&etjb4e afflaufAs that are identified in the Supplementafy Conditions. Th Subeontfaetofs, or- ethefs sueh loss, and if any ef them wishes ew7a e"eHse- EKlf 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. FCC. 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 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 27 of 73 Revised November 2012 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, aad Engineer, Engineer's eer'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 5.073 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. 5.08 Receipt and Application oflnsurance Proceeds A 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 Owner Contractor and made payable to Owner Contractor as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. O wne 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 Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fi&ei 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 fidueiy 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-fidy shall adjust and settle the loss with the insurers and, if required in writing by �:a,,,iar-y shall give bond for the proper performance of such any party in interest, Owner � g p p 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 of73 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 party in accordance with Article 5 on the basis of non-conformance with the Contract Documents,the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. 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 SC-5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence,or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 29 of 73 Revised November 2012 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. 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 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 adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. I. Contractor shall submit to Engineer for aeoeptanee(e the +eat- ieate' Par-a""aph 2 n7) with each application for 1aMent an undated progress 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 any problems 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 seauencina, 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 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. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 31 of73 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 fiom 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 furnish 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 6.05.A.2 and 6.05.B. 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 monthlyogress payments and the final payment as the evaluation and redesign expenses 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.B), 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 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 33 of 73 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 payment 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 fiunish 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 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 of 73 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 infiingement 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. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 35 of 73 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 shA 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 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 Debi-is 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 of73 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: 1. 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 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 37 of73 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.A.2 or 6.13.A.3 caused, directly or indirectly,in whole or in part,by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work,or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or 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 14.07.13 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 employed by the Contractor. H. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect shore brace support and maintain all underground 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 orgy 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 prope!U owner at the Contractor's expense. The Contractor shall also be responsible for all damage to streets roads highways shoulders ditches embankments, culverts, bridges or other public or private property or facilily, 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 any_part of the site thereof, whether by him or his Standard General Conditions of the Construction Contract—00700—Page 38 of73 14 00700.doc Revised November 2012 subcontractors. The Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. 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. Safety provisions 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 proper_& or from the authority having_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 fiom 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. I. Shop Drawings: a. Submit number of copies specified in the General Requirements. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 39 of 73 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 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 I. 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.C.1. E. Resubinittal 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. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 41 of73 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, atd 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 negligent 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 futnish 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 any 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 may be liable,the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or Standard General Conditions of the Construction Contract—00700—Page 42 of73 14 00700.doc Revised November 2012 other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. DQThe 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 Paragraph 6 20 D shall not apply to any 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 M of them which is based on asserted habih for the re ortin or failing to re ort of matters relatin to alleged health and safety 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. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 43 of 73 Revised November2012 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 may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees,proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and 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. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for 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. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of 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 14.07.C. 8.05 Lands and Easements;Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 45 of 73 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. 8.11 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 set 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 of73 14 00700.doc 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. B. However, there will be no relaxing substituting or qualifdEg 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. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 47 of73 Revised November 2012 9.06 Sliop 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. 9.09 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 Contract—00700—Page 48 of73 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 aU, 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. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 49 of 73 Revised November2012 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.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. 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.B, 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' 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 51 of73 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 of 73 14 00700.doc Revised November 2012 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 11.0l.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.A. C. Contractors Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.0l.C. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 53 of73 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 11.013, 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 may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor(less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. 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: i the ,,,,..+;+., r + fry nee Wer4 i:f a b r t , a•�� +�:1 uuLTr�eZ�arr'TCC2 cZicrrorrrc�raZ�r. oarn[ccorarrrcr�-�lccc eaR4!v'f+em tha estiYna4ed rnim&• of 1, '+ iFAieated inthe A A d 2. the is no esp rQing_ndnstment with fespee to any ethke item of;ierk;-a*d 1. the Quantity of a particular item of Unit Price Work performed by Contractor differs by mor than 25 percent from the estimated quantity 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 Change 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 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.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: 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 55 of 73 Revised November 2012 a. for costs incurred under Paragraphs 11.0I.A.1 and 11.0I.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 12.0l.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 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.0 LA.5, and 11.013; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.0l.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 11.0 IA.1 through 11 O1 A 4• and overhead and profit fixed fee) as defined in paragraph 12.01.C. 12.02 Change of Conti-act Tunes 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 parry making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or 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. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 57 of 73 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 the 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 13.043 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 YVork 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 of73 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 or agent of any of them. 13.06 Correction or Removal of Defective Work i ( 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. I13.07 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 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 59 of73 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 frtal 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 or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies 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 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 61 of73 Revised November2012 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 first 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 Beginning 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. 2. Beginning Widi the seeend n r1 ..t;,, for- Payment, eaeh Appliea4ioa h 11 1 a stating Work have—beeii applied on aiseatint to disehafge Gen.-- e .1 'tL,r rr A„pl at' f .,f D ,,t Agr-eemen� 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 payment 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 law 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 02 D 1 d inclusive or 15 02 C In addition retainag 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 of73 14 00700.doc 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 propyess 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. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 63 of73 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 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09;or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.13)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 of 73 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 engineering services; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor,when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an 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 proiect 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 (including property 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 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 65 of 73 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: I. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that 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 work at any time, but such taking_possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract Documents Owner's use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price Owner's use of any facilities not specifically identified in the Contract Documents will be in accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adiusted 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 vet completed by Contractor. If the work has been substantially coin leted and the Engineer certifies that full completion thereof is materially delayed through no fault of the Contractor, the Owner shall, without terminating the Agreement make payment of the balance due for the portion of the work fully completed 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. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 67 of 73 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 5.043.6; 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 of 73 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, fi-om 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 TERNIINATION 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 10.05. 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, will jusfify tem4nflfien the Owner may terminate the Aareement relating to the whole Work or any portion thereof for cause: 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 69 of73 Revised November 2012 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 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 15.02.B, 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 15.02.B 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 fiom 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.B 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. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work,plus 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 frtally 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. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 71 of 73 Revised November2012 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—NUSCELLANEOUS 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 marled 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 marled or delivered Either party 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 November 2012 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. 14 00700.doc Standard General Conditions of the Construction Contract—00700—Page 73 of73 Revised November 2012 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx 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.B 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-14.02.13 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 15 00810.doc Supplementary Conditions-00810-Page 1 of 18 Revised December,2011 SC-14.07 A Final Payment Application — Releases and Waivers SC-14.07.13 Final Payment - Refusal by Engineer SC-14.07.0 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 Landscape Architecture DHM Design SC-2.01 DELIVERY OF BONDS AND EVIDENCE OF INSURANCE Add a new paragraph immediately after paragraph 2.01.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) 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 4.02.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.2 of 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. 15 00810.doc Supplementary Conditions-00810-Page 3 of 18 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.E 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. B. Refer to Special Provisions for how to address Hazardous Environmental Conditions encountered during construction. 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 Supplementary Conditions -00810 - Page 4 of 18 15 00810.doc Revised December,2011 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 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 for bodily 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 5.04.13 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 5.04.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 15 00810.doc Supplementary Conditions-00810-Page 5 of 18 Revised December,2011 equivalent. 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 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. 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 5.04.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. Supplementary Conditions-00810-Page 6 of 18 15 00810.doc Revised December,2011 4. The Contractual Liability Coverage required by Paragraph 5.04.B.3 of 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 5.04.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 $4,000,000.00 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 15 00810.doc Supplementary Conditions-00810-Page 7 of 18 Revised December,2011 Operations as well as Completed Operations. Engineer - Morrison Maierle, Inc use Additional Insured Endorsement CG2032 Engineers' Consultants — DHM Design 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.C.5, 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 — DHM Design 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: DHM Design 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 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 Supplementary Conditions -00810 -Page 8 of 18 15 00810.doc Revised December,2011 deducted from the monthly progress payments and final payment as the costs are incurred. 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 15 00810.doc Supplementary Conditions-00810- Page 9 of 18 Revised December,2011 other persons or organizations shall be furnished. Acceptance and substitution of proposed Subcontractors, Suppliers, or other persons or organization prior to Notice of 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.B. 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 http://www.mdt.mt.gov/business/fueltax/ and http://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. 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: Supplementary Conditions-00810- Page 10 of 18 15 00810.doc Revised December,2011 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 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. 15 00810.doc Supplementary Conditions-00810 - Page 11 of 18 Revised December,2011 b. Report to Engineer whenever RPR believes that any part of 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 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 Supplementary Conditions-00810- Page 12 of 18 15 00810.doc Revised December,2011 Work, verify that materials and equipment certificates, operation and 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 15 00810.doc Supplementary Conditions-00810-Page 13 of 18 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-12.01. 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.B 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 Supplementary Conditions-00810- Page 14 of 18 15 00810.doc Revised December,2011 where and when tests are performed. 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 14.02.13.6 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.1.e to the General Conditions: 15 00810.doc Supplementary Conditions -00810 - Page 15 of 18 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 i 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-14.07.0 FINAL PAYMENT- PAYMENT BECOMES DUE Delete Paragraph 14.07.C.1 of the General Conditions in its entirety and replace it with the following: 1. !Wgy 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. 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 15 00810.doc Supplementary Conditions -00810-Page 17 of 18 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. SCA7.04 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 (MDT) 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 The September 2014 Edition, Effective: March 2017" 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), the City of Bozeman Standard Modifications, including all addendums and the above MDT publications 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, 2014 Edition for the purpose of specifying the technical prosecution of the work within the MDT right of way where applicable, and as a means of measurement and basis of payment for bid items, unless otherwise noted herein. In addition, project specific MDT standard specifications are included in SECTION 00910 - Page 1 of 6 NA0417\0630esign Docs\Specs-Phase 3-Short-Durston\16 00910.doc 8/23/17 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00910 AND CONDITIONS OF THE CONTRACT SPECIAL PROVISIONS 00920, although not all-inclusive. 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 00910 - Page 2 of 6 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\16 00910.doc 8/23/17 I BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00910 AND CONDITIONS OF THE CONTRACT SPECIAL PROVISIONS shall be closely coordinated with the Montana Department of Transportation (MDT). 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/property lines 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. 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. l 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. I 1.11 SUPERVISION I 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 IContract Documents. I 1.12 LABOR 00910 - Page 3 of 6 I NA0417\063\Design Docs\Specs-Phase 3-Short-Durston\16 00910.doc 8/23/17 I BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00910 AND CONDITIONS OF THE CONTRACT SPECIAL PROVISIONS 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. 1.16 PROJECT SAFETY 00910 - Page 4 of 6 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durslon\16 00910.doc 8/23/17 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00910 AND CONDITIONS OF THE CONTRACT SPECIAL PROVISIONS 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 1st 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. 1.18 PETROLEUM-CONTAMINATED SOILS Petroleum-contaminated soils from underground storage tank sites or other subsurface wastes could be encountered at one or more locations within the proposed project area. It is the responsibility of Contractor to be aware of the nature and location of petroleum-contaminated soil or other wastes that may be encountered during the course of the proposed work. If petroleum-contaminated soils or other wastes are encountered during the course of project work, the Contractor must comply with all applicable Federal, State, and local regulations regarding the reporting, handling, and disposal of such wastes and/or soils. The City of Bozeman and MDT will not be responsible for reporting, handling or disposal of such wastes and/or contaminated soils encountered in the right-of-way or easement areas during construction of the proposed work. Within 24 hours of discovery of any hazardous wastes or petroleum-contaminated soils, the Permittee energy must notify the Montana Department of Environmental Quality (DEQ), at 800-457-0568. 00910 - Page 5 of 6 N:\0417\063\Design Docs\Specs-Phase 3Short-Durston\16 00910.doc 8/23/17 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00910 AND CONDITIONS OF THE CONTRACT SPECIAL PROVISIONS PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 00910 00910 - Page 6 of 6 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\16 00910.doc 8/23/17 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 and receptacles located at new tree guards. Street lighting improvements include installation of (3) decorative luminaire assemblies on east side North 711 Avenue between Short St and Durston. Contractor shall utilize existing luminaire assemblies currently stored by the City. 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 — Composite Type 1 and 2. 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 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. 00915 - Page 1 of 3 NA0417\0630esign Docs\Specs-Phase 3-Short-Durston\17 00915.doc 8/25/17 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00915 AND CONDITIONS OF THE CONTRACT ELECTRICAL SPECIAL PROVISIONS 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. - 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. 00915 - Page 2 of 3 NA0417\0630esign Docs\Specs-Phase 3-Short-Durston\17 00915.doc 8/25/17 I BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00915 AND CONDITIONS OF THE CONTRACT ELECTRICAL SPECIAL PROVISIONS — 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 N #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 N ► 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 N 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. I D. Decorative Luminaire Assembly. 1. For Type E2: Use existing Lumec DMS50-135W80LED4K-R-LEF3- 120SMB-BET2X type luminaire from City storage. The decorative luminaire must meet the style and shape as specified. Use ANSI/IES, Type III, medium, full-cutoff distribution. f I f 00915 - Page 3 of 3 NA0417\0630esign Docs\Specs-Phase 3Short-Durston\17 00915.doc 8/25117 i THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00920 AND CONDITIONS OF THE CONTRACT MDT SPECIAL PROVISIONS PART1 GENERAL 1.01 DESCRIPTION A. The following MDT 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 MDT STANDARD SPECIFICATIONS The following project specific Montana Department of Transportation (MDT) standard specifications have been included herein. This is not intended to be an all-inclusive list of applicable standard specifications. Additional MDT standard specifications, included by reference, may apply. Section 203 Excavation and Embankment Section 609 Curbs and Gutters Section 616 Conduits and Pull Boxes Section 618 Traffic Control Section 619 Signs and Delineators 00920 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\17A 00920.doc 8/23117 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx I I I STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE i CONSTRUCTION I 2014 EDITION I Adopted by the Montana Department of Transportation and the Montana Transportation Commission I MonrrANA f DEPARTMENT OF TRANSPORTATION I i SECTION 203 EXCAVATION AND EMBANKMENT 203.01 DESCRIPTION This work is the excavation, placing, compacting and disposal of material encountered within the construction limits necessary to construct the project.This is also referred to as grading. 203.01.1 Excavation A. Unclassified Excavation. Unclassified excavation is excavating and disposing,when required, of material from the RNV or construction easement areas except borrow excavation and muck excavation. B. Borrow Excavation. Borrow for embankment construction is Contractor furnished excavation from outside the RNV or construction easement areas. 1. Unclassified Borrow. Use Department approved sources meeting current environmental and cultural resource preservation regulations. Material from a Department-optioned or Department-owned borrow source may be available at no cost. The applicable provisions of Subsections 102.06 and 106.02 apply to unclassified borrow. 2. Special Borrow. Special borrow-excavation and special borrow-neat line is the providing and placing of the specified quality of borrow material from designated sources or from other approved sources. The applicable provisions of Subsections 106.02 and 203.01.1(13)(1) apply to special borrow-excavation and special borrow- neat line. C. Unclassified Channel Excavation. Unclassified channel excavation is excavating and disposing of all materials from new watercourses or channels and the widening, deepening, or relocation of existing channels. D. Street Excavation. Street excavation is excavating and disposal of all material to the street template. E. Muck Excavation. Muck excavation is removing and disposing of unsuitable material in cut sections or below the natural ground line in embankment sections. Material defined as muck must be deemed unsuitable and is unable to be excavated using the same equipment and methods as for unclassified excavation. Material is considered unsuitable if: 1. It contains soil or organic matter unsuitable for foundation material, regardless of moisture content; or 2. It is too wet to be properly compacted and cannot be dried within a demonstrated reasonable timeframe prior to incorporating into work. Excessive moisture alone is not sufficient cause for determining unsuitable material. Topsoil removed below the natural ground line in embankment sections unsuitable material. Excavated unsuitable material areas will be measured before they are backfilled. Do not place fill over unsuitable or unstable foundation soils without the Project Manager's approval. Materials placed before approval may be ordered removed and replaced at Contractor expense. F. Sub-excavation. Sub-excavation is removing unstable material from below the plan subgrade elevation as shown or directed. G. Digout Excavation. Digout excavation is removing and replacing sections of material at neat lines as shown in the contract or directed by the Project Manager. 107 203 —EXCAVATION AND EMBANKMENT 2014 EDITION 203.01.2 Embankment Place and compact excavation in roadway embankments, dikes, areas where unsuitable material is removed, holes, pits, and other roadway depressions. Prepare embankment foundations prior to placing embankment material. 203.02 RESERVED 203.03 CONSTRUCTION REQUIREMENTS 203.03.1 Excavation A. General. Do not begin grading operations before the area is cleared of vegetation and obstructions in accordance with Sections 201 and 202. Ensure erosion controls are placed as specified in the contract. Excavate without disturbing material and vegetation outside of the slope limits. Use all suitable material removed from the excavation in embankments, subgrade, shoulders,top soiling, and other designated locations. Excavated material not used as specified or directed is not paid for. Sequence excavation of backfill or road finishing material so it is placed into final position as soon as possible. Stockpile suitable material that is not immediately used. Construct temporary fencing to restrict livestock and vehicular traffic from the work in accordance with Subsection 607,03.5. Replace temporarily removed fence and repair damaged fence to a condition equal to the existing fence at Contractor expense. Confine livestock when fencing is disturbed. If excavated material from the roadbed is used outside the embankments, furnish and place at Contractor expense, an equal quantity of borrow to replace the material. Do not dispose of excess or unusable material within the right-of-way limits unless approved by the Project Manager, Compact the top 8 inches (200 mm)of the subgrade in cut sections in accordance with Subsection 203.03.3. B. Rock Blasting. Perform all blasting in accordance with Section 204. C. Rock Excavated Below Grade. Excavate all un-yielding materials that require blasting or the use of rippers to at least 6 inches (150 mm) below subgrade within the roadbed limits. Backfill the excavation with specified or approved material. Remove or drain surface rock pockets that trap or pond water. Rock, removed to a maximum depth of 6 inches(150 mm) below subgrade is measured and paid for as unclassified excavation. Rock removed or backfilling due to over excavating in excess of the 6 inches(150 mm)with approved backfill material is at Contractor expense. D. Removing Excess Moisture. Rework materials from excavation or borrow areas exceeding 2% of optimum moisture to the specified optimum moisture before use in embankments or as backfill. Costs to remove excess moisture from the material are incidental to the embankment. Remove excess moisture in the finished roadbed soil, introduced or caused by construction operations, for re-use in the work at Contractor expense. Excessively wet material, caused by the construction operations that cannot be properly compacted must be removed and replaced with suitable material at Contractor expense. E. Borrow Material. Excluding special borrow, borrow material may be used only after the roadway excavation has been placed in the embankment If excess borrow is placed creating a waste of excavation,the waste quantity will be deducted from the measured volume in the borrow area. 108 2014 EDITION EXCAVATION AND EMBANKMENT—203 Notify the Project Manager 5 calendar days before excavating material from the borrow area so that the area may be surveyed. Do not excavate beyond the dimensions and elevations established for the borrow areas. Finish and shape all borrow areas to permit accurate measurements. Reclaim borrow areas meeting Subsection 106.02.5 requirements F. Roughen Slopes. Roughen slopes as directed. G. Digout. In areas of digout, excavate the full road width to a depth as shown in the contract or as directed by the Project Manager. Excavate parallel to the finish grade, daylighting to the left and right slopes. Slope the ends of the digout no steeper than 4H:1V. Dispose of the excavated material to the satisfaction of the Project Manager. Provide special borrow for digout replacement material consisting of a well-graded sand and gravel, free of organic and other deleterious material, meeting the AASHTO M 145 requirements for A-1-a group classification,with 100%passing the 2-Inch (50 mm) sieve and a maximum of 8% passing the No. 200(0.075 mm) sieve. The material may consist of up to 60% millings, uniformly blended. Crusher fines and reject material may be used if the requirements in Table 701-22 are met. Provide stabilization geotextile that meets the requirements of Subsection 716.03 for Stabilization geotextile. Place stabilization geotextile over the bottom and sides of the excavated digout area in conformance with Subsection 622.03. Extend the geotextile up the side walls of the excavation for the full height of the exposed subgrade soils. Place the initial lift of special borrow over the geotextile in accordance with Subsection 622.03.2. Repair any geotextile damaged during construction in accordance with the Manufacturer's recommendations or as directed by the Project Manager at Contractor expense. H. Sub Excavation. In areas of sub excavation, excavate the full road width to a depth as shown in the contract or as directed by the Project Manager. Excavate parallel to the finish grade, day lighting to the left and right slopes. Slope the ends of the excavation no steeper than a 10HA V.Dispose of the excavated material to the satisfaction of the Project Manager. Provide special borrow for sub-excavation replacement material consisting of a well- graded sand and gravel,free of organic and other deleterious material, meeting the AASHTO M 145 requirements for A-1-a group classification,with 100% passing the 6- inch (152 mm)sieve and a maximum of 8% passing the No. 200(0.075 mm)sieve. The material may consist of up to 50% millings, uniformly blended. Crusher fines and crusher reject material may be used if the requirements in Table 701-22 are met. Provide stabilization geotextile that meets the requirements of Subsection 716.03. Place stabilization geotextile over the bottom and sides of the sub excavated area in conformance with Subsection 622.03. Extend the geotextile up the side walls of the excavation for the full height of the exposed subgrade soils. Place the Initial lift of special borrow over the geotextile in accordance with Subsection 622.03.2. Repair any geotextile damaged during construction in accordance with Subsection 622.03.2. 203.03.2 Embankment A. General. Do not place stumps, trees, logs, rubbish, vegetation, muck,frozen material, pockets of rock, volcanic ash or other deleterious materials in embankments. 109 203 —EXCAVATION AND EMBANKMENT 2014 EDITION Sod mixed with surface soil and soil containing excessive humus or other organic materials may be spread over the top of embankment slopes. Compact embankment, backfill, and embankment foundation areas in accordance with Subsection 203.03.3. Leave the surface of completed embankments in a roughened condition. Rework or remove and replace unstable or pumping material prior to placing additional lifts or materials. Reworking or replacing materials within constructed embankment is at Contractor expense. B. Embankment at Structures. Do not place rocks, broken concrete, or other solid material in areas where piling is to be driven. Do not place embankment against any backwall or abutment until the concrete has cured for 10 calendar days or has reached 70% of the required strength. Furnish a certified laboratory test report showing the field-cured cylinders meet the required strengths. The Project Manager may approve early embankment work at backwalls or abutments with beams or girders in place, or that are cantilevered from a fixed footing or cap if the strength requirement is met. Do not place embankment against un-supported backwalls or U-shaped abutments rigidly connected to the deck until the deck is placed and cured meeting the applicable requirements of Section 552, The Contractor may submit a method of supporting the structure to permit early placement of embankment against the structure. If approved, all costs of the alternate method are at Contractor expense. Y Place embankment in 8-inch (200 mm) maximum layers loose thickness and compact I adjacent to structures, around columns and similar structural supports, and on both sides of concrete walls, box type structures, and similar structures. Extend embankment material placed above the excavation limits or ground line a minimum 10 feet(3 m)from the structure or structural support. Restore, repair, or replace structures or structural members moved or distorted by placing and compacting embankment at Contractor expense. Compact embankment inaccessible to rollers by mechanical tampers to the density specified in Subsection 203.03.3. Before placing and compacting backfill, compact at least the top 8 inches(200 mm) of the existing ground in accordance with Subsection 203.03.3. C. Preparation of Embankment Foundations. Bench all embankments placed and compacted on hillsides, against existing embankments, built one-half width at a time, or on slopes 6H:1V or steeper when measured at right angles to the roadway centerline. Construct benches in minimum 4-foot(1.2 m)widths. Maintain the horizontal inclination within 5% of horizontal. Backfill and compact each bench in maximum 8-inch (200 mm) layers. I Excavate each bench as close to each other as the slope permits. Use approved I material excavated from benches in the embankment. In excavation to embankment transitions where the natural ground slope exceeds 6H:1 V, construct the excavated benches so the natural ground surface is a minimum 12 inches (305 mm)from the top of the subgrade. Remove frozen earth, snow and ice from the cut or embankment surface and place it outside the slope stakes. Provide the replacement borrow material at no cost to the Department. Clear the full width of the subgrade of sod and vegetative matter. Scarify the top 8 inches (200 mm) of the embankment foundation and compact in accordance with 110 2014 EDITION EXCAVATION AND EMBANKMENT—203 Subsection 203.03.3 before constructing embankments 4 feet(1.2 m) high or less, or embankments placed on soils having less than 95%maximum density, determined by MT 210. If original lightly compacted soils are encountered that exceed 8 inches (200 mm) in depth, remove it to the depth directed. Compact the upper 8 inches(200 mm) of the ground in accordance with Subsection 203,03.3. Place the removed material in the embankment or use it for topsoil as directed. Material useable as topsoil may be placed alongside the roadway after compaction is completed. D. Earth Embankment. Place earth roadway embankment in uniform horizontal layers not exceeding 8 inches(200 mm) loose measurement and compact in accordance with Subsection 203.03.3. Continuously level, work, and maintain moisture to compact to the specked density. Uniformly work the entire surface of each layer. Work each layer of earth embankment that is not rock, gravel or sand using a tandem type construction disk with a maximum disk spacing of 14 inches(355 mm) and a minimum worn disk diameter of 25 inches(635 mm).With the disk,work moisture into the soil, break clods of soil, disorient the soil particles, and penetrate the full depth of the layer being placed. Larger disks may be used if the ratio of disk spacing to disk size is comparable to the above dimensions. Leave the embankment slopes in a roughened condition. E. Rock Embankment.When the excavated material contains more than 25% rock by volume, 6 inches(150 mm) or larger in its greatest dimension, place the embankment in layers 2 inches (50 mm) thicker than the maximum size rock in the material not to exceed 24 inches(610 mm) loose thickness. Individual rocks and boulders larger than 24 inches (610 mm)in diameter may be placed in the embankment if the rocks do not exceed 48 inches(1.2 m)vertical height after placement, are evenly distributed, and are spaced to allow placing and compacting of the soil in between the rocks. Place and compact the upper 2 feet(610 mm)of the embankment in maximum 8-inch (200 mm) layers loose thickness as specified in Subsection 203.03.2(D). Dump and work rock from excavations to the stream face when the embankments are adjacent to streams or channels. Prevent the rock from entering the stream. This work is incidental to unclassified excavation. F. Embankment Over Swampy Areas. On low, swampy ground incapable of supporting haul equipment, construct the lower part of the embankment by dumping successive loads of uniformly distributed material in layers thick enough to support the equipment. Place subsequent layers in accordance with Subsections 203.03.2(D) or(E)as directed. G. Disposal of Unsuitable or Excess Material. If disposal of excess or unusable excavation within the R/W limits is approved by the Project Manager, slope and shape all disposal areas to blend into the surrounding terrain and meet the requirements of Subsections 106.02.5 and 107.11. 203.03.3 Moisture and Density Requirements Compact each layer of material to the in-place density requirements of Table 203-1 for the method of moisture and density control used.The moisture and density control is the Proctor method or the Zero Air Voids method, determined by the Project Manager. If proctors are used for density control,the Contractor may make a written request to the Project Manager to compact the soils at lower moisture content. Identify the soil class in the request.The Project Manager may approve the request provided a Department Investigation 111 203 —EXCAVATION AND EMBANKMENT 2014 EDITION determines the lower moisture content is not detrimental to the soil for the given application. For A-1 material in embankments, MT 218 and MT 230 tests will be used. Compact rock embankments that cannot be tested by Montana Test Methods MT 212 and MT 218(Proctor Method) or MT 229(Zero Air Voids Method)with compaction equipment and hauling and spreading equipment. Use grid rollers, pneumatic-tired rollers, vibrating rollers, vibrating compactors, or self-propelled tamping rollers. Do not use sheepsfoot rollers unless approved by the Project Manager. Use water as required. TABLE 203-1 COMPACTION REQUIREMENTS Compaction Control Method Proctor Zero Air Volds Material Compacted Test Methods: MT 210, Test Method: MT 230, MT 212, MT 218 MT 229 Earth embankment including all backfills Top 8 inches(200 mm)of subgrade in cut sections Minimum 95% of Culvert foundations maximum density at Less than 10% Optimum moisture t 2% air-filled voids Top 8 inches (200 mm)of embankment foundations o p Backfill foundations 203.03.4 Sloping and Finishing A. Sloping. Finish and shape all cut slopes,ditches, embankments, and structure berms to a uniform, rough textured surface. Scarify smooth slopes. Conduct slope roughening in accordance with the contract and Detailed Drawings. Slope roughening is a part of slope construction and is not measured for payment. Where roadway slopes are not completed to the planned or directed lines and the material from the backslope erodes, sloughs, or slides due to incomplete erosion control measures or the Contractor's operations, the removal of the material and restoration of the slope is at Contractor expense, Where roadway slopes are completed to the plan or directed lines, all required erosion control devices are in place as specified, and the material from the completed slopes erode, slough, or slide onto the roadbed before acceptance of the work, through no fault of the Contractor,the removing of the slide material, potential slide material, and the drainage excavation is paid for in accordance with Subsection 109.04. When directed, widen cuts and flatten slopes to obtain additional excavation for embankments or to increase slope stability. The Project Manager may steepen stable rock slopes. This work is measured and paid for under the grading item unless it requires non-contract construction methods increasing costs that are considered extra work in accordance with Subsection 104,03. B. Finishing. Finish the entire roadbed to the final elevations specified. 203.03.5 Maintenance of Constructed Roadway Maintain the roadway during construction so it is continuously well drained. Keep all drainage ditches and structures open and free from debris until the final inspection is approved. If grading work is suspended, blade smooth and grade the entire roadway area to prevent water from collecting or ponding on the roadway. Maintain the roadway during suspension periods to the specified grade and cross section at Contractor expense. 112 2014 EDITION EXCAVATION AND EMBANKMENT—203 Maintain erosion and siltation control devices meeting the contract requirements. 203,03.6 Topsoil -Salvaging and Placing Remove sufficient amounts of topsoil from the excavation and embankment foundations to ensure replacement quantities are available to cover all disturbed areas with 4 inches (100 mm) of topsoil. Place topsoil on the completed graded roadway to the lines, grades, and elevations specified. Unless directed by the Project Manager, place topsoil on all slopes, excluding slopes 2H:1 V or steeper. Place topsoil to an average 4-inch (100 mm)loose depth on the base course surfacing inslope. Uniformly spread the remaining topsoil over the rest of the disturbed areas. Finish the disturbed areas in accordance with Subsection 610.03.2. Stockpile topsoil at acceptable selected locations within the R/W.When construction operations do not permit stockpiling within the R/W, make arrangements for stockpile sites outside the R/W at no additional cost to the Department. Construct stockpiles so drainage is maintained and topsoil is easily reclaimed. Provide erosion controls following best management practice. In the event that construction sequencing prevents replacement of topsoil over all disturbed areas prior to final paving, reserve adequate quantities to cover the exposed base course surfacing inslope as shown in the Detailed Drawings. 203.03.7 Limitation on Grading Operations The maximum length allowed to be disturbed at one time within the project limits is 2.0 miles (3,200 m) of clearing and grubbing and 2.0 miles (3,200 m) of borrow, excavation and embankment. The Project Manager may modify the restriction when soil characteristics, Contractor operations or both, indicate that a smaller or larger area is acceptable. For long or complex projects,the Contractor may have several separate grading operations working,where the Project Manager may apply the limit to each individual operation, provided finishing, mulching, and seeding closely follow the rough grading operations at each location. Use the specified pollution controls at each individual location. 203.04 METHOD OF MEASUREMENT 203.04.1 Excavation The quantities of unclassified excavation, unclassified borrow excavation, special borrow- excavation, unclassified channel excavation, street excavation, sub-excavation, digout excavation, and muck excavation are measured for payment in cubic yards (m) as surveyed or calculated in accordance with Subsection 109.01. The Department will provide the initial measurement at no charge for the following specific work areas: 1. In slide areas determined by the Department not to be the fault of the Contractor; 2. In excavated areas authorized by the Project Manager, outside the staked lines and grades; and 3. In un-staked areas such as borrow areas, muck excavations, sub-excavations, and un- staked excavations authorized by the Project Manager. These areas of excavation and borrow are measured in their original position in accordance with Subsection 109.01. Disposal of excess or unusable excavation is not measured for payment. The quantities of special borrow-neat line for payment are calculated in its final position in accordance with Subsection 109.01 with no allowance for shrink or swell. 113 203—EXCAVATION AND EMBANKMENT 2014 EDITION Either the Department or the Contractor may request re-measurement of specific work areas, or the entire project, if there is disagreement over the accuracy of quantities computed from the staked lines and grades. The party requesting the re-measurement is responsible for all costs associated with the re-measurement. Department staff may perform the re-measurement, in which case, the cost for the Department's re-measurement is the Contractor's responsibility.An independent third party acceptable to the DCE, and under the direction of a professional land surveyor registered in Montana, may also be used to perform the re-measurement, at Contractor expense. Excavation is eligible for a second payment under the following conditions: 1. A second handling is required; 2. The excavated material meets all the contract requirements for the second usage; 3. The second payment item quantity is calculated in-place in its final disposition, or computed from plan dimensions. Items that require a second field measurement, such as special borrow-excavation, are not eligible for a second payment; 4. The contractor makes up any shortfall in excavation, at no cost to the Department, caused by the second use. The material making up the shortfall is subject to approval by the Project Manager; and 5. The contractor is responsible for the haul, balance lengths, balance points or other foreseen or unforeseen project constraints. No payment will be made for any additional costs. Authorized excavation of rock, shale, muck, or unstable material below grade necessary to provide the designed thickness of backfill is measured for payment. If the designated bottom plane of the excavation falls within a layer of rock, the below-grade excavation to the bottom of the layer, not exceeding 6 inches (150 mm) below grade, is considered authorized and is measured for payment. Rock excavation exceeding 6 inches (150 mm) below grade is not measured for payment. If the nature of the material,the thickness of the layers or strata, and method of operations make it practical to excavate only to the plan depth, any material removed below plan depth is not measured. Measurements are made for unusable materials excavated and removed. Useable material temporarily removed and replaced for Contractor convenience is not measured for payment. Removal and disposal of unusable materials from borrow areas is not measured for payment. Special borrow removed from areas before surveying is not measured for payment. The actual quantities of plan and approved sub-excavation are measured and added to the quantities of unclassified excavation for payment. Unstable material reworked in accordance with Subsection 203,03.1(D) is measured and paid for as unclassified excavation for the second handling. When the contract does not contain a bid item for muck excavation and an area is determined to be muck in accordance with Subsection 203.01.1(E), the muck excavation quantity is measured and paid for in accordance with Subsection 109.04. Measurement and payment for muck excavation at the agreed price includes all excavating and hauling, disposing of all stumps, logs, and other debris encountered in the excavation, all pumping and de-watering required, and finishing of the planned disposal areas. Unclassified excavation allowed for pre-split drill equipment clearance is calculated from the area bounded by the plan slope and lines parallel to plan slope, offset 2 feet (610 mm)for each 50-foot(15.2 m) increment in vertical cut height. The quantity for drill equipment clearance where the cut slope height is less than 50 feet(15.2 m) is not measured for payment. 114 2014 EDITION EXCAVATION AND EMBANKMENT—203 Excavation used as select or stockpiled select material is measured by the cubic yard (m3) in its original position. Removed and placed stockpile material is measured using the volume in its original excavated position. Channel excavation is measured and paid for as unclassified channel excavation. Street excavation is measured and paid for as unclassified excavation unless the contract has street excavation as a bid item. Disposal of material or other items within the limits of the street excavation are not measured for payment. Geotextile is measured in accordance with Subsection 622.04.Accepted quantities of geotextile are paid for in accordance with Subsection 622.05. 203.04.2 Reserved 203.04.3 Embankment In Place The embankment quantities measured in cubic yards(m)for payment as Embankment In Place include the following: 1. The actual quantities of roadway embankment measured, above the original ground line in accordance with Subsection 109.01,with no volume adjustments made for shrinkage, compaction, or subsidence. 2. The topsoil replacement quantity, measured in the topsoil stockpiles. 3. Excavation of unusable material and sub-excavation in the contract or directed by the Project Manager in its original position. 203.04.4 Compaction Work and materials to compact embankment material and backfill to the specified density is not measured for payment. 203.04.5 Topsoil Excavation of topsoil material from its original position, loading, hauling, stockpiling, and removal from the stockpile and spreading on the designated areas is measured for payment by the cubic yard (m) in the stockpile before final placement. Before measurement, shape and smooth each stockpile into the smallest practical area. Haul is not measured for payment. Topsoil removed from cut areas is not deducted from the grading quantities. Measurement is made as if the topsoil had not been removed. Topsoil removed from embankment areas and from borrow areas, excluding Contractor- optioned in accordance with Section 106, is measured under the bid item Topsoil-Salvaging and Placing. 203.06 BASIS OF PAYMENT Payment for the completed and accepted quantities is made under the following: Pay Item Pay Unit Digout Excavation Cubic Yard (m) Embankment in Place Cubic Yard (m) Muck Excavation Cubic Yard (m) Special Borrow Cubic Yard (m) Street Excavation Cubic Yard (m) Topsoil-Salvaging and Placement Cubic Yard (m) Unclassified Borrow Excavation Cubic Yard (m) Unclassified Channel Excavation Cubic Yard (m) Unclassified Excavation Cubic Yard (m) 115 203 —EXCAVATION AND EMBANKMENT 2014 EDITION Payment at the contract unit prices is full compensation for all resources necessary to complete these items of work in accordance with the contract. 116 SECTION 609 CURBS AND GUTTERS 609.01 DESCRIPTION This work is constructing curbs, integral curb and gutter, median curbs, and furnishing and installing precast concrete curbs. 609.02 MATERIALS Furnish materials in accordance with the following section and subsection requirements: Air-entrained Class General Concrete.....................551 Bituminous Mixtures................................................401 Joint Materials.........................................................707.01 Reinforcing Steel.....................................................711.01 Pavement Markings................................................714 609.03 CONSTRUCTION REQUIREMENTS 609.03.1 General Construct curbs and integral curb and gutter having uniform surfaces and true lines. Remove and replace curb sections that prevent drainage or proper joining of subsequent work at Contractor expense. Material may be placed adjacent to curbs and curbs and gutters 24 hours after the curbs or curbs and gutters are placed as long as no damage is caused. Correct all damages at Contractors expense. 609.03.2 Foundation and Forms Excavate, prepare and compact cast-in-place curb and curb and gutter foundations in accordance with Subsection 203.03.3. Use full depth metal or straight-grained finished lumber forms, free of warp or irregularities, and having the strength to resist springing or deviation from alignment and grade. Securely stake and brace forms with headers and clamps. Clean and oil form surfaces in contact with concrete before placing the concrete. 609.03.3 Cast-in-Place Curb and Gutter Moisten the foundations and forms immediately before placing concrete. Place and consolidate the concrete in uniform layers not exceeding 6-inch (150 mm) loose depth. Do not place concrete on a frozen foundation course or subgrade. Construct concrete curb in accordance with Subsections 501.03.18 and 501.03.19. Once the concrete has its initial set, remove the forms and repair honeycombed and rough surfaces using 1:2 mortar. Use wooden floats to remove form marks or other irregularities. Apply a brush finish to the final surface using an approved brush before the concrete sets. Finish all concrete edges, including those at expansion joints,to the required radii. Water cure concrete or use a curing compound in accordance with Subsection 551.03.7. Water cure, keeping the concrete wet for 7 calendar days after finishing. 609.03.4 Slip-formed Concrete Curb and Gutter Concrete curb and gutter may be constructed using a curb forming or slip-form machine. 609.03.6 Precast Concrete Curbs Furnish precast curb in accordance with Section 554. 355 609--CURBS AND GUTTERS 2014 EDITION 609.03.6 Bituminous Curbs Clean surfaces receiving bituminous curb and prime with SS-1 emulsified asphalt diluted 1:1 with water. Apply approximately 0.2 gallons per square yard (0.91 Um2). Use the project surfacing bitumen mixed with water in a mixer of at least 3 cubic feet (0.08 m3) capacity that meets Section 401 requirements. The asphalt quantity in the bituminous curb mixture will be established by the Project Manager and will be at least 1% more than that used in the surfacing mixture. Feed the bituminous mixture to the extrusion or curb machine at a temperature that prevents sloughing or tearing of the material or surface. Pressurize the mixture through an orifice or plate, The machine must heat and compact the curb as it is produced. Compact all material not placed and compacted by the curb machine using mechanical tampers. If other than 60-70 penetration asphalt cement is used, apply a fog coat of SS-1 emulsified asphalt diluted 1:1 with water to the finished curb at approximately 0.2 gallons per square yard (0.91 UM2). 609.03.7 Painting Curbs Paint curbs, island curbs, and median curbs in accordance with Section 620. 609.04 METHOD OF MEASUREMENT Curb, integral curb and gutter, and median concrete curb are measured by the foot (m) along the face of the curb at the flow line. Paint and painting is measured by the gallon (L) in accordance with Subsection 620.04. A. Contracts with Curb, Integral Curb and Gutter, Median Curb, and Precast Concrete Curb Work Not in Conjunction with Roadway Reconstruction. Reinforcing steel, expansion joint material, bond breaker, excavation or embankment, crushed gravel base, emulsified asphalt, backfill and/or necessary plant mix surfacing, and disposal of material associated with the work are not measured for payment. B. All Other Contracts. Reinforcing steel, expansion joint material, bond breaker, disposal of material, and emulsified asphalt are not measured for payment. Excavation or embankment associated with the work is measured by the cubic yard(m). 609.05 BASIS OF PAYMENT Payment for completed and accepted quantities is made under the following: Pay Item Pay Unit Curb Foot(m) Integral Curb and Gutter Foot(m) Median Concrete Curb Foot(m) Curb Paint Gallon (L) A. Contracts with Curb, Integral Curb and Gutter, Median Curb, and Precast Concrete Curb Work Not in Conjunction with Roadway Reconstruction.The cost of reinforcing steel, expansion joint material, bond breaker, curing compound, excavation or embankment, crushed gravel base, emulsified asphalt, backfill and/or necessary plant mix surfacing, and disposal of material associated with the work are included in the contract unit price of curb and gutter. B. All Other Contracts.The cost of reinforcing steel, expansion joint material, bond breaker, curing compound, emulsified asphalt, and disposal of material associated with the work are included in the contract unit price of curb and gutter. Excavation or embankment associated with the work is paid for in accordance with the specified type of earthwork. 356 2012 EDITION CURBS AND GUTTERS -609 Payment at the contract unit price is full compensation for all resources necessary to complete the item of work in accordance with the contract. 357 SECTION 616 CONDUITS AND PULL BOXES 616.01 DESCRIPTION This work is furnishing and installing plastic and steel electrical conduit, including fittings, junction boxes, pull boxes, and accessories. 616.02 MATERIALS Furnish materials in accordance with the following subsection requirements: Conduit ...................................................................703.02 PullBoxes...............................................................703.03 616.03 CONSTRUCTION REQUIREMENTS 616.03.1 General Install conduit and pull boxes in accordance with the NEC. Conduit lengths in the contract are estimated, and may require changes, approved by the Project Manager,to avoid underground obstructions. Refer to Subsection 107.18 regarding locating of underground utilities before excavation. Provide the specified conduit type and size, or substitute a larger size conduit at Contractor expense. Do not change conduit size within any conduit run. Use minimum 2-inch (53 mm) diameter conduit between pull boxes and adjacent standard bases. Have conduit enter the foundation at least 24 inches (610 mm) below the top. Conduit stubs on structures are specified in the contract. Place and securely hold in position conduit ends, anchor bolts, and other fittings set in concrete until the concrete sets. Lay conduit a minimum of 18 inches(455 mm) below the curb grade in sidewalk areas and not less than 24 inches (610 mm) below the finished grade in all other areas. Install conduits under railroad tracks to railroad company requirements. Notify the Department and the railroad company at least 48 hours before starting work on railroad property. Terminate conduit in standard or pedestal foundations at least 3 inches (75 mm)above the foundation top. Keep conduit within foundations at least 6 inches (150 mm)from the foundation face. Extend conduit terminating in standards or pedestals above the foundation and slope it towards the handhole opening. Terminate conduit entering concrete pull boxes 2 inches (50 mm) inside the box wall, at least 2 inches(50 mm) above the bottom, and slope it to aid cable pulling. Locate conduit entrances in pull box bottoms near the end walls leaving most of the box clear. Install conduit outlets in the box from the direction of the run. Seal conduit leading into socket walls, lights, or fixtures below the pull box grade using a watertight sealing compound. Install a pull wire in all unused conduits over 10 feet(3 m) long. Double at least 2 feet (610 mm) of pull wire back into the conduit at each termination point for runs over 100 feet (30.5 m); double 1-foot(305 mm) back for shorter runs. Install a conduit expansion joint, detailed in the contract, where the conduit crosses a fixed or structure expansion joint. Equip each expansion fitting with a grounding strap jumper. Thoroughly clean contact areas before clamping grounding straps. Secure all conduit bonds, lighting bracket anchor bolts, and bridge rail anchor bolts to form a continuous mechanical and electrical system. When not included as part of a new foundation, furnish, install, and pay for all work and materials(such as grounding straps and bare AWG No. 6 wire) necessary to make a continuous grounded system as part of the unit price for conduit. 381 616—CONDUITS AND PULL BOXES 2014 EDITION Clean out existing underground conduit incorporated into new conduit with compressed air and mandrel for size if required. Install pull boxes and conduits as specified with the pull box covers flush with the concrete facing or as directed. Compact backfill material for conduit trenches constructed outside of the roadbed sections to the density of the adjacent material. Restore existing surfaces disturbed by conduit or pull box installations to the original type and condition. Push or bore conduit under existing roadways. Install conduit that is to be under new surfacing prior to new surfacing being put in place. Keep jacking and drilling pits at least 2 feet (610 mm) away from the roadway surface edge. Do not undermine the roadway surface or soften subgrade when using water. Open cutting across the existing roadway will be allowed only after 3 unsuccessful attempts at conduit installation using either a fluid assisted directional boring system with a minimum push and pull back force of 4,946 Ibf(22 kN), or a directional rod pusher with a minimum push and pull back force of 38,217 lbf(170 kN). The Project Manager may approve cutting small test holes in the roadway surface to locate obstructions. When approved by the Project Manager,trench across paved roadways without disturbing or injuring the paved surface on both sides of the trench. Cut asphalt pavements leaving a straight cut face. Excavate, install conduit, and backfill with approved material. Fill the top 1-foot (305 mm) of the trench with compacted plant mix or as directed. Replace all damaged pavement. Fill open cuts across roadways with CLSM in accordance with the contract. Furnish and place CLSM as an alternative to compacted soil to the lines and grades shown in the contract. Submit 2 copies of a mix design to the Project Manager for approval 14 calendar days before start of production. Provide CLSM in accordance with Section 551. Payment for all costs associated with furnishing and placing CLSM is included as part of the conduit bid item. 616.03.2 Plastic Conduit Excavate trenches for plastic conduit a minimum 24 inches(610 mm) deep.Tamp the trench bottom and bed with 2 inches (50 mm) of sand before laying the conduit. Once the conduit is placed, place and compact sand, or soil free of rocks or hard lumps, 6 inches (150 mm) above the pipe. Complete the backfill using material passing a minus 3-inch (75 mm) screen. Join conduit using a solvent-welded slip-fitter coupling to provide a watertight joint. Separate plastic parallel and perpendicular conduit runs from each other with at least 3 inches (75 mm) of sand or soil cushion. Cap open ends of conduit to prevent moisture, dirt, or rocks from entering the conduit. For plastic conduit runs 300 feet (91 m)or longer, leave one end disconnected or insert an "O" ring expansion coupling near one end of the run. 616.03.3 Steel Conduit Install rigid conduit in accordance with the NEC article 346, Make field cuts square and true so that the ends join full circumference. Ream the conduit ends to remove burrs and rough edges. Slip joints or running threads are not permitted for coupling conduit. Use an approved threaded union coupling when a standard coupling cannot be used. Coat any new threads on conduit with a cold galvanizing compound before making couplings. 382 2014 EDITION CONDUITS AND PULL BOXES—616 Tighten couplings until the conduit ends are brought together making a good electrical connection throughout the entire conduit run. Paint damaged conduit coating with a cold galvanizing compound. Thread and cap conduit with standard pipe caps until the wiring is placed. Install insulated grounding bushings when caps are removed. Connect new steel conduit directly to stubs of existing steel conduit protruding from existing foundations and at nearest coupling points. New threaded joints may be approved by the Project Manager if the above requirements are met. Do not use plastic conduit in the system. Make conduit field bends having a minimum radius of six times the inside diameter of the conduit. Factory conduit bends must not crimp or flatten the conduit and use the longest practical radius. 616.03.4 Pull Boxes and Manholes Construct and install pull boxes and manholes as specified. The Contractor may install additional pull boxes to aid the work at the Contractor's expense. Install pull boxes and manholes with covers level with curbs, sidewalks, and surrounding ground. Bed the box bottoms in concrete or crushed rock as specified.When replacing or adjusting an existing pull box, adjust conduit stub heights accordingly. 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 General concrete pad extending 12 inches (305 mm) horizontally away from the pull box in all directions and at least 12 inches (305 mm)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 Department. 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. 616.04 METHOD OF MEASUREMENT 616.04.1 Lump Sum Basis When a conduit system or portion thereof is specified in the contract on a lump sum basis, the system is measured by the lump sum. 616.04.2 Conduit Conduit is measured by the foot(m). 616.04.3 Pull Boxes and Manholes Pull boxes and manholes are measured by the unit. 616.05 BASIS OF PAYMENT Payment for the completed and accepted quantities is made under the following: Pay Item Pay Unit Conduit Foot(m) Conduit System Lump Sum Manhole Each Pull Box Each Payment at the contract unit price is full compensation for all resources necessary to complete the item of work in accordance with the contract. 383 SECTION 618 TRAFFIC CONTROL 618.01 DESCRIPTION This work is the furnishing, installing, and maintaining of traffic signs, barricades, lights, signals, pavement markings, and other specified traffic control devices. It includes flagging and pilot car operation and furnishing and applying water for dust control. 618.02 MATERIALS Furnish materials in accordance with the contract, the MUTCD, and the following subsection requirements: Advance Warning Arrow Panels..............................715.03 Flagger Ahead Warning Signs.................................715.05 Portable Sign Support Assemblies..........................715.02 Retroreflective Sheeting..........................................704.01.10 Signs and Channelizing Devices.............................715.01 Temporary Striping Tape.........................................714.01 Temporary Striping Tabs.........................................714.02 Temporary Waterborne Traffic Paint.......................714.03 Warning Lights........................................................715.04 Furnish work zone traffic control devices that meet the NCHRP 350 or the MASH crash test requirements. 618.03 CONSTRUCTION REQUIREMENTS 618.03.1 Purpose and Prosecution of Work Zone Traffic Control Schedule construction and provide work zone traffic control to accomplish the following: 1. Provide the protection, safety, and convenience for motorists, bicyclists, pedestrians, and other roadway users; 2. Ensure the protection and safety of construction personnel; 3. Advance the project work in the most beneficial manner to the public; and 4. Provide mobility for highway users. Provide work zone traffic control for all construction activities on the roadway and within the clear construction zone and other specked areas.The construction clear zone is the area within 30 feet(9.2 m)of the edge of a traffic lane. Furnish work zone traffic control in accordance with the contract requirements,the MUTCD, and the approved traffic control plan. 618,03.2 Traffic Control Plan The Detailed Drawings and the MUTCD provide traffic control requirements for the contract. A. Traffic Control Plan Requirements. Furnish a traffic control plan addressing the proposed operations to take place a minimum of 2 weeks prior to beginning the associated construction activities. Address contingencies in the submitted plan. Deviations or modifications from the submitted traffic control plan may be made to address field conditions if approved by the Project Manager. Limit inconvenience to the traveling public as much as practicable and account for the safety of both the traveling public and project personnel.The Detailed Traffic Control Plan for the proposed activities must consist of the following: 1. Contract Specific Drawings. Provide contract specific traffic control drawings that include proposed traffic control configurations. Provide drawings with the same level 395 618—TRAFFIC CONTROL 2014 EDITION of detail as in the MUTCD and the Detailed Drawings. Identify the type and location of work zone traffic control devices proposed for use. 2. Special Features. Identify the location and purpose of proposed flaggers, temporary signals, pilot car use, business access signs, authorized vehicle median crossings, temporary median crossings, interchanges, interstate crossovers and detours. Detours not identified in the contract are subject to the approval of the Project Manager. 3. Sequencing Details. Provide details for each phase in the sequence of operations and for each type of construction operation. At a minimum, include details for earthwork operations,gravel placement, paving, seal and cover, striping, bridge work, detours, permanent sign installation, guardrail work, temporary blunt end protection, temporary access breaks, equipment crossings, and any other work within the clear zone. Sequence the work such that equipment does not operate against the flow of traffic without the approval of the Project Manager. 4. Continuous Traffic. Provide details that ensure the continuous flow of traffic through the work zone. • Maintain access to and from the premises of adjacent property owners and approaches at all times. • Do not stop traffic in both directions at the same time unless approved by the Project Manager. • Maintain a minimum of one lane of traffic at all times. C Return traffic to normal two lane operation at night and on nonworking days. • Identify measures to provide suitable passage of mail delivery and scheduled school bus runs within the project limits. • Address traffic control measures for peak travel times on urban projects, signal replacements, and increased traffic due to public events on or near the project. 5. Off-highway Vehicle(OHV)Separation. Identify proposed measures and devices to keep articulated trucks, scrapers, and other OHVs separated from traffic. Separate OHVs from traffic by means of separate haul roads. Do not operate OHVs faster than 35 mph or the speed limit signed for the traveling public,whichever is lower. If any OHV operator violates this requirement or drives in an unsafe or erratic manner, upon written notice by the Project Manager, this driver must be removed from the project as an OHV operator. If a separate haul road is not physically possible, submit an alternate plan to the Project Manager for approval. In order to be considered, the plan must meet the following requirements at a minimum: • The traveling public has the right-of-way. • When an OHV approaches vehicles,the OHV must come to a complete stop until all vehicles pass, including traffic lines led by pilot cars. • Equip the OHVs with a back-up alarm, back-up camera, and warning light. 6. Emergency Vehicles/Situations. Identify proposed measures to manage traffic delays due to incidents within the project limits and to accommodate emergency vehicles into and through the project limits. These measures must be presented to any local governments,tribes, orjurisdictions affected by the project. 7. Pedestrian Traffic Control. Identify proposed measures and routes to maintain pedestrian traffic control if there are any pedestrian facilities within the project limits. Provide ADA compliant temporary measures for pedestrian facilities at all times. Do 396 2014 EDITION TRAFFIC CONTROL—618 not close pedestrian routes without Project Manager approval. If closures of pedestrian routes are required, identify the proposed measures to warn, direct, and guide pedestrian traffic. 8. Certifications. Submit a completed form CSB618_02 prior to placing traffic control devices.At the Project Manager's request, provide certification that each type of traffic control device in use or to be used on the project meets retro-reflectivity and NCHRP 350 or MASH requirements. 9. Written Narrative. Provide a WN that details the proposed traffic control configuration for the project's construction operations. The WN must consist of the following: a. Supporting details and explanation for the traffic control configuration proposals. b. Detailed descriptions of the proposed traffic control for each separate operation of work. c. A description of the construction sequence of operations and how the traffic control plan will accommodate each sequence. Ensure that the traffic control sequence of operations corresponds with the project schedule as described in Subsections 108.03.2 and 108.03.3. d. Schedule of maintenance of traffic control devices. B. Traffic Control Plan Updates. Submit an updated traffic control plan that represents proposed activities. If the traffic control plan previously provided to the Project Manager is current and changes to traffic control operations are not anticipated, provide written notification to the Project Manager of this information. Failure to submit an updated traffic control plan on time and in the manner required renders the traffic control plan unacceptable. Submit updates to the traffic control plan to the Project Manager at the following times: 1. On the 16t of each month for projects located in the Billings, Glendive, or Great Falls districts. On the 151h of each month for projects located in the Butte or Missoula districts. 2. When changes to the original construction operation plan requires a change to the traffic control plan. Coordinate the revision of the traffic control plan with the submission of the project schedule updates per Subsections 108.03.2 and 108.03.3. If the traffic control is not proceeding consistent with the Contractor's most recent traffic control plan, the Project Manager may require that the Contractor submit an updated traffic control plan that accurately reflects the Contractor's construction operations. If a required updated traffic control plan is not received or operations are not being conducted as per the current traffic control plan,the Project Manager may issue a project shut down order. Submit an updated traffic control plan prior to continuing work. Shut down orders due to the failure to meet traffic control requirements will not be considered as justification for additional compensation or contract time. 618.03.3 Traffic Control Conference Attend a work zone traffic control conference organized by the Project Manager before starting work that alters the public's use of any roadway. The provisions for traffic control proposed for each stage of construction will be reviewed. 618.03.4 Traffic Control Reviews Designate personnel to be responsible for traffic control work and its continuous surveillance. The designees must be available 24 hours a day to respond to calls concerning damage to traffic 397 618—TRAFFIC CONTROL 2014 EDITION control devices from any cause. Provide the names and telephone numbers of the persons responsible for the surveillance. The Project Manager and the designees will conduct periodic reviews of the traffic control throughout the work to ensure compliance with the traffic control plan. The reviews will be conducted at night, during adverse weather conditions,when construction work is active and inactive, and at other times as necessary. 618.03.6 Traffic Control General Requirements Meet all traffic control plan requirements before starting work affecting the roadway. Use devices that are new or like new in condition. Properly maintain,clean, and operate devices when in use. Immediately remove the devices when they are no longer applicable to the work. Install traffic control devices in accordance with manufacturer's recommendations or instructions. Immediately remove or cover the entire sign face of non-applicable signs. Use coverings that are opaque, non-reflective, and securely fastened to eliminate visibility of the sign face. Cover signs with shapes having a specific meaning, such as STOP and YIELD, from both sides in a manner that masks the shape. Use materials of sufficient durability to resist deterioration due to weathering and atmospheric conditions. Do not use tape, paper, garbage bags, or cardboard for _ -t>hec venng Do not rotate signs. Remove portable traffic control devices when not in use. Limit the number of portables towed at a single time as necessary for safe travel. Immediately remove existing signs and other traffic control devices on the present traveled way or on connecting state or federal routes to be abandoned when they no longer apply. Ensure roadways are always appropriately signed. Turn removed signs over to the Department. Provide functional traffic lanes with signing and channelizing appropriate to the roadway condition at the close of each work day. For long-term stationary operations(greater than 3 days), remove pavement markings in the traveled way that are no longer applicable in accordance with Subsection 620.03,10. Minimize pavement scarring when removing pavement marking material. Do not paint over existing pavement markings with black paint or spray with asphalt as a substitute for removal or obliteration. Provide the traffic an un-obscured view of the traffic control devices at all times. Store or park construction equipment,vehicles, materials, and debris at least 10 feet(3 m) behind guardrail or outside the clear zone. When this is impractical, use approved warning devices and protective measures to delineate the item. Only equipment and materials for immediate use or incorporation into the work may be placed within the clear zone. Store unused traffic control devices outside the clear zone. Contractor furnished traffic control devices are the Contractor's property.Traffic control devices furnished by the Department or installed on a force account basis are the Department's property. Repair or replace all damaged traffic control devices at Contractor expense. If the Contractor fails to provide the required traffic control, the Project Manager will provide the work and deduct the costs from monies due or that may become due the Contractor. 618.03.6 Access Breaks Submit a written proposal on the "Request for Access Break Approval"form, available from the Project Manager,for temporary breaks in Interstate access control or RNV fences for approval. See the form for access breaks requiring FHWA approval. Include all information requested on the form. Interstate access breaks used for non-interstate contracts are prohibited. 398 2014 EDITION TRAFFIC CONTROL—618 Provide a written narrative that describes how the traffic control plan addresses traffic safety and minimizes delay to the mainline traffic. Ensure the plan meets the MUTCD and the departments Detailed Drawings requirements. Do not begin work on the access break until the Department has returned an approved proposal. Obtain the Project Manager's approval for all modifications to the original plan and submit the changes in writing. Excluding traffic control, assume all costs associated with construction, maintenance, removal of the access break, and restoration of the area once the access break is removed. 618.03.7 Crossing, Entering, and Using Roadways A. General. Construct temporary approaches and crossings with 10H:1 V side slopes and include drainage provisions. Remove all temporary approaches and median crossings once the work is complete. Restore and re-seed disturbed areas. Do not use areas within the R/W as borrow sources or disposal areas for the construction or restoration of temporary approaches. Provide the means and traffic control devices to allow safe crossings whenever articulated trucks, scrapers, and other off-highway vehicles are crossing the roadway being used by traffic as included in the traffic control plan and approved by the Project Manager in advance of operations. Operate registered and licensed hauling units, such as dump trucks, belly dumps, side dumps, etc.with the flow of traffic. Do not operate any hauling units on roadway shoulders. B. Controlled Access and Multiple-lane Roadways. Use frontage roads and interchanges for equipment access to controlled access highways whenever possible. Do not stop the general traffic on one-way roadways for the convenience of haul units without Department approval. Use interchanges or a series of appropriate lane closures at authorized vehicle median crossings or temporary median crossings for haul-unit operations on one-way roadways. Haul unit turning movements are restricted to right-turn movements only when there is access to the project by frontage roads or where left-turn movements by hauling units would pose a hazard to the traveling public. The use of authorized vehicle median crossings or temporary median crossings will not be allowed unless stated in the contract. If the construction of temporary median crossings is allowed as part of the contract,their use will be subject to all requirements of Section 618. Submit an updated traffic control plan detailing the use of authorized vehicle median crossings or the construction of temporary median crossings, including the following: 1. The distance between any 2 median crossings, including interchanges, authorized vehicle median crossings, and temporary median crossings must be at least 2 miles (3.2 km) unless a shorter distance is approved by the Department. 2. Median crossings must be at least 1,000 feet(305 m)from structures and have a minimum 1,500 feet(458 m) of sight distance at 3.5 feet(1.1 m)above the pavement. 3. Sign median crossings as specked in the contract. 4. When not in use, protect crossings through median barriers by one of the following methods: a. Place an approved impact attenuator at each end of the barrier opening. b. Close the inside lanes to traffic with a controlled lane closure. c. Close the opening by replacing and pinning the median barrier. 399 618—TRAFFIC CONTROL 2014 EDITION C. Two-lane Roadways.Always provide at least one functional lane for traffic. Meet Table 618-1 requirements. TABLE 618-1 TRAFFIC CONTROL REQUIREMENTS FOR HAULING UNITS ENTERING OR CROSSING 2-LANE ROADWAYS Average Daily Traffic(ADT)/Load Frequency I Traffic Control Requirement less than 2,000 ADT stop hauling units for traffic 2,000 to 5,000 ADT/Less than 50 loads per shift stop hauling units for traffic 2,000 to 5,000 ADT/More than 50 loads per shift provide flaggers to control traffic more than 5,000 ADT provide flaggers to control traffic Limit the number of locations at which flagging is provided at roadway crossings, entrances or exits to: 1. One location per material source or plant site entrance or exit; or 2. Roadway crossings approved by the Project Manager in the Traffic Control Plan. The Project Manager may adjust the ADT or load frequency at which flagging is required in Table 618-1, The Project Manager may add or reduce flagging locations to ensure the safety and mobility of the traveling public and workers within the construction limits. Where flaggers are not required by Table 618-1, the Contractor may use flaggers and traffic control,with Project Manager approval, at the Contractor's expense. 618.03.8 Traffic Control at Drop-off Areas When existing slopes are 3H:1 V or flatter, temporarily fill constructed drop-offs within 30 feet (9.2 m)of the edge of travel lanes used by traffic to a 3H:1 V slope or flatter at the close of work each day. Furnish and install, at Contractor expense, traffic control devices for slopes not temporarily filled to a 3H:1V or flatter. When existing slopes are steeper than 3HA V, temporarily fill constructed drop-offs within 30 feet(9.2 m) of the edge of travel lanes used by traffic that matches or is flatter than the existing slope at the close of work each day. Furnish and install at Contractor expense,traffic control devices for slopes not temporarily filled to match, or that are steeper than the existing slope. Temporary filling of drop-offs protected by positive barriers is not required. Determine device spacing using the following formula: Factor in Feet(m)_ (A x C x W) (S x Where: D) A = ADT adjustment C = Degree of Curvature(metric radius factor) W = Recoverable width, 4H:1V or flatter, in feet(m)from the drop-off to the far edge of the adjacent traffic lane(s)with the same direction of traffic S = Posted speed in MPH (km/h) D = Average drop-off depth in inches (mm) Use the C factors in Table 618-2 for drop-offs outside of horizontal curves. 400 2014 EDITION TRAFFIC CONTROL 618 TABLE 618-2 C-FACTORS FOR DROP-OFFS ON THE OUTSIDE OF HORIZONTAL CURVES Degree of Curve C Metric Radius C (English Radius) less than 2 5,800 greater than 900 m 241,000 (greater than 2,865 feet) 2 to less than 4 5,200 900 m to more than 450 m 218,000 (2,865 feet to greater than 1,433 feet) 4 to less than 6 4,900 450 m to more than 300 m 203,000 (1,433 feet to greater than 955 feet) 6 or greater 4,500 300 m or less 188,00 (955 feet or less) Use the C-factor for curves with a degree of curve less than 2(greater than 900 m)for drop- offs on the inside of horizontal curves. Use the ADT adjustment from Table 618-3. TABLE 618-3 ADT ADJUSTMENT FACTOR ADT A under 750 1.50 750— 1,499 1.30 1,500—5,999 1.00 over 6,000 0.90 Round the computed spacing to the nearest 10 feet(3 m). Use Table 618-4 to determine the device type using the spacing factor. TABLE 618-4 TRAFFIC CONTROL DEVICE BASED ON SPACING FACTOR Spacing Factor Device Type 400 feet (122 m)or greater Flexible guideposts or standard delineators 40 to 390 feet(12 to 119 m) Type 2 object marker 20 to 30 feet (6 to 9 m) Type C steady burn warning lights on alternate panels Less than 20 feet(6 m) Positive barrier, if 48 hours lapses before filling Space devices at the spacing factor. If W is less than 14 feet(4 m), do not exceed spacing in feet that is double the posted speed in miles per hour. Do not space Type 2 object markers less than 40 feet (12 m). 618.03.9 Traffic Control for Paving and Milling Operations Provide flaggers at paving and milling machines. Locate the flagger 100 to 150 feet(30 to 46 m) upstream from the machines. Meet the following requirements for night paving operations: 1. Place a 46 x 48-inch (1,220 x 1,220 mm)"NIGHT PAVING AHEAD"warning sign in advance of each warning sign series. 2. Ensure all personnel working on or adjacent to traveled lanes are wearing Class 3 apparel in accordance with Subsection 107,06. Apply temporary striping in accordance with Subsection 620.03.5. Place temporary striping at the end of each working day in which a full width section is completed before opening to traffic. 401 618—TRAFFIC CONTROL 2014 EDITION Do not use lane closures in place of temporary striping. Traffic control beyond the end of the work day, unless ordered by the Project Manager, is at Contractor expense.The Project Manager may suspend paving operations if a lack of temporary striping results in lane closures longer than the length of a day's paving. 618.03.10 Reserved 618.03.11 Traffic Control for Seal Coat Operations A. Two-lane Two-way and Multiple-lane Two-way Roadways. Place "LOOSE GRAVEL" (W8-7), "DO NOT PASS"(R4-1), and "SPEED LIMIT 35" (R2-1) signs, at the beginning of each work zone. Place the same sign combination for each direction of travel at 2-mile (3.2 km) intervals within the work zone. Remove "LOOSE GRAVEL" (W8-7) signs once loose cover material is swept. Leave remaining signs in place until pavement markings within the zone are completed. Control traffic with pilot cars until initial sweeping is completed for a maximum of 72 hours.The 72-hour period associated with pilot car use for each section begins once the seal and cover has been placed and rolling is complete. For this work, a section is defined as the area of seal coat completed in each day of production. Traffic control beyond these 72 hours, unless ordered by the Project Manager, is at Contractor expense. S. Interstate Highways. Use lane closures and lane control devices for seal and cover operations on Interstate highways. Do not use pilot cars unless approved by the Project Manager. Place"LOOSE GRAVEL"(WB-7) and"SPEED LIMIT 45"(R2-1) signs at the beginning of each work zone. Sign both sides of the roadway. Place the same sign combination at 2-mile(3.2 km) intervals within the work zone. Remove"LOOSE GRAVEL" (WB-7)and "SPEED LIMIT 45"(R2-1)signs once loose cover material is swept. Traffic control beyond these 72 hours, unless ordered by the Project Manager, is at Contractor expense. 618.03.12 Traffic Control for Striping Operations Provide the following traffic control for striping operations not performed under closed lane or pilot car situations. 1. Furnish and operate a shadow vehicle equipped with a truck-mounted attenuator in accordance with Subsection 618.02 conforming to appropriate test levels. Position the truck to follow within 150 to 1,000 feet(45- 305 m) on pavement marking removal and application. When placing or removing traffic cones that protect the pavement markings, use a vehicle with a truck-mounted attenuator or follow with a shadow vehicle possessing a truck mounted attenuator. 2. Equip shadow vehicles with an arrow board facing rear-approaching traffic. a. On multiple-lane roadways, place the arrow board display in lane shift mode (sequential arrow mode). b. On two-lane two-way roadways, place the arrow board in a hazard warning mode not displaying the lane-shift mode 3. if peak hours are specified in the contract, provide the Project Manager a schedule of striping operations at least 46 hours prior to striping. Perform striping operations during off-peak hours in order to minimize impacts to the traveling public unless approved differently by the Project Manager. 4. Include all costs associated with this work in the striping bid item. 402 2014 EDITION TRAFFIC CONTROL- 618 5. If requested by the Project Manager, provide a WN identifying the proposed traffic control devices to be used for striping operations. If the Contractor and Project Manager agree that additional traffic control devices not listed in items 1 through 3 are warranted;the additional traffic control devices will be measured and paid in accordance with Subsections 618.04 and 618.05. Failure to properly notify the Project Manager or provide adequate traffic control renders the striping operation unacceptable and unauthorized. Unacceptable or unauthorized work will be addressed in accordance with Subsection 105.12. 618.03.13 Traffic Control Device Location and Installation Lay out the standard distances for traffic control devices to within an accuracy t 5%.The Project Manager may direct adjustments to the device locations to fit site conditions. Display all signs with the legend not more than 5° (1-inch per foot) (25 mm per 305 mm)from the horizontal plane. Display the signs at the required mounting height with the hinged signs closed or non-hinged signs removed when not applicable. The bottom of signs mounted on barricades or other portable devices must be at least 1-foot (305 mm) above the shoulder of the travelled way. Use only one type of reflective sheeting in each sequence or group of signs or devices. Stabilize sign trailers to prevent movement by wind or passing vehicles. Mount work zone traffic control signs to posts when they are to remain at the same location for more than 3 consecutive days.Trailer-mounted W20-7a (flagger ahead) signs with generators are excluded from this requirement. Ensure the G20-1 (ROAD WORK NEXT(X) MILES) and G20-2 (END ROAD WORK) signs do not conflict with other construction signing. Remove these signs when directed. Install work zone traffic control devices sequentially toward the work area beginning with the device located farthest from the work area. Remove sequentially in the opposite direction. Use arrow boards in the sequential or flashing-arrow mode to supplement channelizing devices and standard signing when one or more lanes of a multiple-lane roadway are closed. Do not use arrow boards in the sequential or flashing-arrow mode for lane closures or at flag stations on two-lane two-way roadways. Do not use flexible guide posts in place of the specified hazard identification devices for shoulder drop-offs or other hazards adjacent to the travel lanes. Refer to Subsection 618.03.8. Flexible reflectorized warning signs are acceptable for daylight hour use. Do not use traffic cones for channelization devices. Do not use steel barrels for work zone traffic control. Ensure that construction zone and work zone speed limits signs comply with the desired minimum speed limit values in Table 618-5.The Project Manager may direct adjustments to the speed limits or device locations to fit the conditions. Submit a written recommendation if the Contractor's proposed limits differ from those in Table 618-5. Give the locations and reasons for limits differing from those provided in Table 618- 5. Reasons should be based upon the conditions of the roadway and the ability of traffic to flow safely and uniformly through the construction zone or activity area.The Project Manager will provide a written response to the recommendation, detailing the speed limit signs to be used. 403 618—TRAFFIC CONTROL 2014 EDITION TABLE 618-5 TRAFFIC CONTROL SPEED LIMITS IN CONSTRUCTION ZONES Speed Limit Activity Description -Construction activities are 30 feet(9.2 m) beyond the edge of the traveled way and construction vehicles are not crossing the traveled way. -Construction activities suspended during winter shutdown or prolonged Existing periods of time, based upon roadway conditions. -Holiday weekends and no work days when work is not in progress and PTW has not been impacted. -Interstate merging tapers. -Survey crew activities not on the PTW or parking shoulder. 65 mph -Two-lane two-way traffic on interstates. -One4ane one-way traffic on interstates with no activities in closed lane. -One-lane one-way traffic on interstates with activities encroaching on closed lane. 55-65 mph -Two-lane two-way non-interstate traffic traveling on non-impacted roadway surfaces when construction activities are suspended or not present, based upon roadway conditions. -Interstate crossovers. -Two-lane two-way non-interstate traffic traveling on impacted roadway 45-55 mph surfaces when construction activities are suspended or not present, based upon roadway conditions. -Two and four-lane roadways with construction activities within the clear zone but not encroaching on the shoulders and/or driving lanes. -Seal coat operations on interstates, increased to 55 mph once initial 45 mph brooming roadway is completed. -Interstate roadways with construction activities on shoulders. -Seal coat operations on two-lane two-way and multiple-lane two-way roadways, increased to 45 mph once Initial brooming roadway completed. 35 mph -In advance of flagging stations or temporary traffic signals. -Interstate and multiple-lane roadways with construction activities in closed lane(s), within the work zone only. -Two-lane two-way roadways with construction activities on shoulders. -Temporary diversions on graveled surfaces. -Pilot car queues. 25 mph -Survey crew activities within the traveled way. (non-interstate) -Two or multiple-lane roadways in an urban area with construction activity in a lane, within the work zone only. 618.03.14 Flagging Operations Provide flaggers that are currently certified by the Montana flagger training program,the ATSSA flagger program, or Idaho, Oregon, or Washington state flagger training programs. Flaggers are required to carry proof of flagger certification and present to the Project Manager when requested. Provide flaggers that are competent and equipped as required in the Department's Flaggers Handbook furnished by the Department. 404 2014 EDITION TRAFFIC CONTROL—618 Maintain constant radio contact between flaggers at each end of a work zone and pilot vehicles when visual contact is not possible. Use two-way V.H.F. or U.H.F. FM radios, operable in the terrain. Place the W20-7a (flagger ahead)warning sign signals so the LEDs are visible 1,000 feet (305 m) in advance of the sign. Place and operate the sign only when a flagger is at the flag station. Provide a second flagger when more than 10 vehicles are stopped at a flag station 50%of the time to advise traffic of the delay. Place an additional W20-7a sign 500 to 1,000 feet(153 to 305 m) ahead of the average end of the stopped vehicle line. A. Nighttime Flagging Requirements. Nighttime flagging operations are those that occur from sunset to sunrise. Provide the following enhancements when nighttime flagging is used: 1. Illuminated Flagging Stations. Use portable light plant(s) or portable balloon light(s) to illuminate flagging stations with a minimum luminance level of 10 foot-candles. Locate the illumination source so as not to create a hazard to the travelling public and to minimize glare to oncoming drivers. Shield light as necessary to prevent overflow onto adjacent properties.When requested by the Project Manager, use a luminance meter with a minimum accuracy of 5%, capable of measuring with a minimum resolution of 0.1 lux to take a luminance measurement at the flagging station. Take the measurement on a horizontal plane 3 feet(915 mm)above the roadway surface. 2. Illuminated Flagger Paddles. Flagging paddles must be of octagonal shape at least 18 inches (455 mm)wide with letters at least 6 inches (150 mm) high,fixed to a rigid handle. Use signs having red colored flashing LED lights inside the STOP face and amber colored flashing lights inside the SLOW face, having a flash rate of 50 to 60 flashes per minute. LED arrangement must display an octagonal shape for STOP and a diamond shape for SLOW.The power source must be fully enclosed within the pole section. 3. Garments. Use high visibility safety apparel that meets the Performance Class 3 requirements of the ANSI/SEA 107 publication entitled American Standard for High Visibility Safety Apparel and Headwear. 4. Flashing Flagger Sign.The W20-7a sign must be illuminated with amber LEDs in accordance with Subsection 715.05, Subsection 715.02 requirements apply for mounting the portable signs and the illumination power source. 5. Temporary Transverse Portable Rumble Strips. Place 3 temporary transverse portable rumble strips 3 to 4 feet(1 to 1.2 m) apart at the location of the W3-4"Be Prepared to Stop"sign. Use temporary transverse portable rumble strips that meet the following: a. Provide significant audible and vibratory alerts to drivers; b. Dimensions are a minimum of 10 feet(3 m) long, 1-foot(305 mm)wide and inch (19 mm)thick; c. Maintains position on roadway without the use of adhesives or fasteners; d. Maintains rigidity with no curling; e. A bevel on the leading edge within the range of 11-13 degrees; f. Made of flexible polymer material with a non-slip surface; g. Able to function on wet surfaces; and h. Capable of being installed and removed without any auxiliary equipment or machinery. 405 618—TRAFFIC CONTROL 2014 EDITION 618.03.15 Pilot Car Operations Use pilot cars as specified. Equip the cars with amber flashing lights and the G20-4 sign designated in Part VI of the MUTCD. Mount the sign in a conspicuous position on the vehicle with the bottom sign edge at least 6 feet(1.8 m) above the ground. Schedule and cycle pilot vehicles to depart each flag station at maximum 15-minute intervals. 618.03.16 Water for Dust Control Furnish, haul, and apply dust control of water using tank trucks equipped with spray systems that uniformly distributes the water over the application area. Discontinue watering as directed. 618.04 METHOD OF MEASUREMENT The contract quantities for traffic control devices, temporary pavement markings, flagging, and pilot car operation are an estimate only and may vary from the actual quantities used or required in the contract, No additional compensation is considered or allowed due to these quantity differences. Signs and devices must meet standards outlined in the current ATSSA Quality Guidelines for Temporary Traffic Control Devices to be measured for payment. Failure to adequately maintain and clean traffic control devices in use renders the traffic control operation unacceptable. The contractor, upon receiving written or verbal notification,will be given 24 hours to make the traffic control operation compliant. Traffic Control directly affecting the safety of the public must be attended to immediately. The Project Manager may deduct 10°%of the daily traffic control units due to traffic control operations not meeting the requirements set forth in Section 618. Failure to submit an updated traffic control plan on time and in the manner required renders the traffic control plan unacceptable.The Department may withhold 10%of each monthly progress estimate for failure to submit an updated traffic control plan on time and in the manner required. Payment withheld for violation of the traffic control plan requirements will be included in the next progress estimate following the Contractor's submission and the Project Manager's approval of the updated traffic control plan. Providing the traffic control plan is incidental to and included in payment for the traffic control bid item. 618.04.1 Traffic Control -Units Traffic control devices are measured by the units of traffic control devices used and accepted.A unit of traffic control device is the base value used for establishing the relative value of each type of traffic control device. The relative value of each traffic control device in units is shown in the Traffic Control Rate Schedule. 618.04.2 Traffic Control e Lump Sum Traffic control is measured by the Lump Sum. Provide a written request for compensation resulting from a change in scope of work, differing site conditions or additional work. Quantities approved by any requested change will be measured by the units of traffic control devices used and accepted. 618.04.3 Flagging Flagging is measured by the hour for the actual number of approved flagging hours provided on the project for each flagger used. Travel time for flaggers to and from the project is not measured for payment. 618.04.4 Pilot Car Operation Pilot car operation is measured by the hour for the approved number of hours of operation for each properly equipped pilot car. 406 2014 EDITION TRAFFIC CONTROL—618 618.04.6 Reserved 618.04.6 Items Not Eligible for Separate Payment The following items are not measured or paid for separately: • Amber flashing or strobe lights on equipment,vehicles, and hauling units; • Impact attenuators for median barrier openings; • Permits and costs relating to project access; • Construction, drainage, maintenance, removal, restoration and reseeding of areas used for temporary roads, approaches, and crossovers; • Radios for flaggers and pilot vehicles; • Illumination of work areas; • Reflectorized safety equipment, garments, and headgear; • Vehicle-mounted arrow boards on stripers and shadow vehicles; • Replacing temporary pavement marking tabs and tape destroyed by traffic; • Temporary pavement marking tabs used for seal coat operations; • Costs to clean and maintain installed traffic control devices; • Devices not properly maintained; • Devices placed beyond 1,500 feet(458 m) of the work termination point for that day; • Adjustments or moving of devices that were initially installed improperly; • Adjustments or moving of devices solely to aid contractor operations, such as temporarily relocating devices to allow equipment access; • Additional traffic control costs resulting from corrective actions on items failing to meet contract requirements; • Traffic Control at commercial pits; and • Other miscellaneous materials and equipment required for proper traffic control that are not included in the Traffic Control Rate Schedule. 618.06 BASIS OF PAYMENT Payment for the completed and accepted quantities is made under the following: Pay Item Pay Unit Traffic Control Unit Traffic Control Lump Sum Temporary Pavement Markings Mile (km) Payment at the contract unit price is full compensation for all resources necessary to complete the item of work in accordance with the contract. 618.06.1 Traffic Control—Units Traffic control devices are paid for at the contract unit price per unit of traffic control devices. The units of each type of traffic control device paid for are calculated by multiplying the measured quantity of each device by the value per each unit shown in the traffic control rate schedule. Payment for traffic control devices is made for each setup directed by the Project Manager. Replacing properly installed traffic control devices destroyed by traffic is paid for at the contract unit price per unit of traffic control devices. Payment for barricades and drums includes the required ballast. Payment for signs mounted on barricades is made only for the original mounting. Payment for flashing arrow boards is made only for the actual hours of operation approved by the Project Manager. Payment includes the cost of operating the trucks or trailers on which the arrow boards are mounted. 407 618—TRAFFIC CONTROL 2014 EDITION Store devices in approved staging areas with a maximum of one staging area per 3-mile segment of roadway. Detail the staging areas in the traffic control plan submitted for the Project Manager's approval. All devices not stored in the approved staging areas will be paid for at Category#2 payment amounts. Payment for traffic control devices will be made in accordance with one of the following two categories: 1. Category#1 -Standard Installation.The following movements constitute a "standard installation": • Initial device placement and setup. Device relocation and setup requiring the device be loaded into, or hitched to, a truck or vehicle for movement to a new location. 2. Category#2-Adjustments. The manual moving of a device, conducted by dragging, carrying, etc. of the device, required to move it to a new location of a traffic control operation. Payment for traffic control devices will be paid for at the rates listed in Table 618-6 according to the category and device type. TABLE 618-6 TRAFFIC CONTROL RATES BASED ON CATEGORY AND DEVICE TYPE Category# Device Payment amount percent 1 All Category 1 devices 100 2 Type III barricades 25 2 All other Category 2 devices 50 618.05.2 Traffic Control--Lump Sum Payment for all costs associated with performing traffic control is included in the lump sum bid for Traffic Control. Payment for quantities approved by any requested change will be in accordance with the Traffic Control Rate Schedule, and will be paid under Traffic Control- Fixed. Partial payments for Traffic Control will be monthly based on the lump sum contract price at the rates listed in Table 618-7. TABLE 618-7 TRAFFIC CONTROL-LUMP SUM PROGRESS PAYMENTS Progress Estimate Payment Percent Of Lump Sum Item First partial payment after start of contract work 35 Estimate paying 25% of original contract amount 25 Estimate paying 50%of original contract amount 20 Estimate paying 75%of original contract amount 10 Final partial payment after Conditional final Remainder of traffic control contract acceptance date price 408 SECTION 619 SIGNS AND DELINEATORS 619.01 DESCRIPTION This work is furnishing, fabricating, erecting, removing, and resetting signs and delineators. 619.02 MATERIALS Furnish materials in accordance with the Detailed Drawings and the following subsection requirements: Delineators..............................................................Detailed Drawings Flexible Delineators.................................................704.03 Signing Material ......................................................704.01 619.03 CONSTRUCTION REQUIREMENTS 619.03.1 Definitions The following definitions apply to the signing work in the contract. A. New. Signs designated "New"are to be furnished new and erected on new supports at the specified locations. B. Reuse Sign Face. Signs designated "Reuse Sign Face" are to be removed from the existing supports and remounted on new supports at the specified locations. C. Replace. Signs designated "Replace" are to be removed and replaced with the specified new signs, including new supports, at the existing or specified new locations. D. Replace Sign Face. Signs designated"Replace Sign Face"are to be removed from the supports and replaced with the specified new signs using the existing supports. E. Use As Is. Signs designated "Use As Is" are to be left in place. F. Reset. Signs designated "Reset" are to be removed and reset at the specified locations using the existing sign faces and supports. G. Remove. Signs designated "Remove" are to be removed, including the sign or sign assembly and sign supports. Furnish new materials for signing work in accordance with Table 619-1. TABLE 619-1 MATERIALS REQUIRED FOR SIGN WORK Alum. Sheeting/ Support Breakaway Foundation Sign Face (Post) New X X X X Reuse Sign Face X X X Replace X X X X Replace Sign Face X Use As-is Reset X X Remove Note.The materials mentioned above are based on planned operations. Meet the requirements of the contract. If no pay item exists for necessary materials,absorb the costs of these items in other signing components. 619.03.2 Design Calculations and Shop Drawings The Department will furnish the sign design calculations for the project at the pre- construction conference.The furnished sign design calculations must include the calculations for 409 619— SIGNS AND DELINEATORS 2014 EDITION the specified guide signs, special design signs, and other signs shown in the Montana Sign and Sign Materials book but not include those signs in the FHWA Standard Highway Signs Book. Submit Contractor approved (stamped) shop drawings and welding procedures for sign bridges, and overhead cantilever sign structures. Submit shop drawings on minimum size 11"x 17" sheets (A3 paper), welding procedures on 8'/2"x I I"(A4 paper) sheets. The Department has 15 business days upon receipt of the drawings for drawing review. Drawings retumed to the Contractor for corrections or additional information must be re- submitted within 15 business days of receipt. After the structural steel shop drawings and welding procedures have been reviewed and checked by the Department, all required corrections will be returned to the Contractor who must make the corrections and re-submit 10 copies of the corrected drawings and welding procedures for final review and approval within 15 business days.All final drawings must be stamped "Approved" by the Department before fabrication begins. Submit shop drawings and current approved weld procedures for tubular sign posts and structural steel sign posts. The Department Inspector will compare the drawings and weld procedures to the posts during post inspection at the point of fabrication. Submit weld procedures for approval every 6 months or whenever they are changed or modified. Submit shop drawings and welding procedures at one time in a complete package for the Department's initial and subsequent reviews. Individual parts of the submittals will not be accepted for review. 619.03.3 Fabrication and Erection Fabricate the signs and sign legends before delivery to the project, except for signs too large to transport in one piece to the project. Fabricate all signs using the hole spacing specified in the FHWA Standard Highway Signs book or the Detailed Drawings. The lengths of poles and steel posts shown in the contract are estimated lengths. The Project Manager will furnish the required length of each pole and steel post prior to fabrication. Locate and erect signs as specked or directed. The Project Manager may change sign locations due to field conditions. Erect signs so the sign face is vertical and aligned as specified. Sign supports must not project above the sign faces. When necessary, use full width piano hinges for all folding signs. Ensure that hinges are capable of withstanding normal dead and live loads applied and be securely fastened by bolting or riveting to the sign. The hinge must meet the requirements of Subsection 704.01.13. Submit 2 copies of the manufacturer's installation instructions for all sign post breakaway devices installed on the project to the Project Manager at least 15 calendar days prior to installation. After the sign is installed and adjustments are made,jam the threads of the mounting bolts or use vandal resistant nuts for ground-mounted sign faces 25 square feet(2.3 m2) and smaller. The specified foundation depth for timber posts and poles is a minimum depth. Field cut the poles to the correct length or bury the extra length to provide the specified mounting. Excavate or bore foundation holes for sign supports at least 8 inches(200 mm) larger than the largest diameter of post or pole placed in each hole. Backfill foundation holes for timber posts and poles as follows: • Combine and thoroughly mix the material excavated from the foundation with cement using a mix ratio of 10 parts excavated material to 1 part cement. • Do not mix in the hole. Add water to make the soil-cement mixture. • Place the sign post or pole in the hole without the sign attached. 410 2014 EDITION SIGNS AND DELINEATORS—619 • Backfill the hole with the soil-cement mixture in 8-inch (200 mm) maximum lifts. • Compact each lift by hand tamping or using mechanical methods. • Allow the foundation to cure for 7 days before mounting the sign face to the support. Foundation holes for wooden sign supports may be backfilled with CLSM using the specifications for constructing foundations for steel sign posts as follows. Construct foundations for steel sign posts with Class General concrete in accordance with Section 551. Finish foundations flush with the adjacent surfaces. Signs may be post mounted after the concrete has set 72 hours. Weld metal joints and post breaks in accordance with Sections 556 and 624. 619.03.4 Inspection The completed signs will be inspected at the fabricator's plant and on the project before they are installed. Defects including but not limited to cracks,tears, splits, crazing, gouges or curled edges of the background sheeting or legend are cause for rejecting the sign. The installed signs will be inspected at night for nighttime retro-reflectivity and readability. Adjust signs exhibiting specular reflection, as directed. 619.03.5 Sheet Aluminum Overlay Meet the contract requirements for sheet aluminum overlays. Install the sign legend and other components plumb and level. Match the color, shade, and type of existing reflective sheeting used as a background for partial overlays. Fully cover the existing legend and symbols with partial overlay backgrounds. Match the size of the existing sign with complete overlay backgrounds. 619.03.6 Replace, Reuse Sign Face,and Reset Use new materials in accordance with Section 704 for that required over and above those materials salvaged from signs to be reset or reused. Install breakaway devices on existing posts when specified. Reset signs in accordance with Subsection 619.03.3. Repair or replace all Contractor sign damage resulting from dismantling, moving, and resetting at Contractor expense. With no exception, remount or reset within one hour all removed warning, regulatory signs and route markers. Re-install guide signs within 5 hours and only during daylight hours. Re- display warning, regulatory, and guide signs by dusk. Erect the new sign and support before removing the existing sign being replaced. Do not display conflicting signs together. Do not obscure existing signs when placing new signs. Re-erect existing multiple support signs to be removed and reset using the original post spacing. 619.03.7 Installation Date'Gags and Route Markers Install date tags and route identification tags on all highway signs before final acceptance. Meet the contract requirements for design,color, and installation. 619.03.8 Delineators Furnish and install new delineators at the locations specified and marked by the Project Manager. Remove delineators conflicting with new construction as specified. Removed delineators are the Contractor's property. 619.03.9 Flexible Delineators Install delineators as specified by the manufacturer's recommendations and at the locations shown In the contract or as directed by the Project Manager. 411 619—SIGNS AND DELINEATORS 2014 EDITION 619.03.10 Acceptance " Signs and traffic guide devices are accepted for payment individually or in lots as completed work once installed. Delineator posts with reflectors are accepted in lots of 100 or more units. Guide, directional, and warning signs with a surface area of up to 10 square feet (0.93 m2)on one side are accepted in lots of 25 or more. Signs with a surface area of up to 30 square feet(2.8 m2) on one side are accepted in lots of I 5 or more. Overhead structures and signs larger than 30 square feet(2.8 mZ) in sheeting area are accepted individually. The Department will assume maintenance responsibility for signs and other traffic guide devices once accepted and in place. Repair or replace signs and devices, at Contractor expense, that are damaged or destroyed by the Contractor's operations. g 619.03.11 Permanent Barricade Furnish and install permanent barricades as specified and shown in the Detailed Drawings, 619.03.12 Breakaway System Furnish breakaway devices listed on the QPL and in accordance with Subsection 704.01.4(D). Install per manufacturer's recommendations. 619.03.13 Remove Signs Remove foundation material left after removing the existing signs to at least 1-foot(305 mm) below ground-line. Backfill and compact the holes left from removal using clean material or crushed base. Do not cut off and leave existing posts in place. I Existing signs and supports specked for removal are the Contractor's property. Dispose of removed sign materials in accordance with local, state, and federal regulations. Disassemble and store signs specified to remain the Department's property at the designated location. 619.04 METHOD OF MEASUREMENT i 619.04.1 Aluminum and Plywood Signs I Aluminum sheet, aluminum sheet increment, and plywood signs are measured by the square foot (m') of sign face. 619.04.2 Metal Posts I Metal posts are measured by the pound (kg). The pay weight is calculated by multiplying the nominal weight per foot (m) by the installed length of each post as noted in the Detailed Drawings. When applicable, the weight of the anchor sleeve will be added to the post weight. If there is no breakaway system bid item, include with the post weight the weight of the base plates, fuse plate, and stub post or anchor sleeve including the embedment length. 619.04.3 Treated Timber Poles and Posts Treated timber poles and posts are measured by the foot(m) in even 2-foot(610 mm) increments.When the measurement falls between increments,the measured length for payment is the next higher 2-foot(610 mm) increment. 619.04.4 Delineators Delineators of each type specified are measured by the unit and include the reflector, mounting hardware, and post, complete in place. Removal of existing delineators is not measured for payment. 412 2014 EDITION SIGNS AND DELINEATORS—619 619.04.6 Flexible Delineators Flexible delineators of each type specified are measured by the unit. 619.04.6 Reset Signs The reset of guide, warning, regulatory, and route marker signs is measured by the unit for each sign removed and reset in a new location. Sign groups of 2 or more signs mounted on a single support or multiple supports are measured as a single sign. When signs designated as"Reset"require new supports to achieve the proper mounting height, include the costs of the supports in the cost of reset signs. When there is not a bid item in the contract for reset sign,this work is incidental to other items of the contract. 619.04.7 Remove Signs The removal of guide,warning, regulatory, and route marker signs is measured by the unit for each sign removed including supports. Sign groups of 2 or more signs mounted on a single support or multiple supports are measured as a single sign. 619.04.8 Replace Signs New materials for signs designated"Replace" are measured in accordance with Subsections 619.04.1, 619.04.2, and 619.04.3. Removal of existing signs designated"Replace" are measured in accordance with Subsection 619.04.7. New materials for signs designated"Replace Sign Face" are measured in accordance with Subsection 619.04.1. 619.04.9 Reuse Sign Face New material for supports for signs designated "Reuse Sign Face" is measured in accordance with Subsections 619.04.2 and 619.04.3. Removal of existing signs designated "Reuse" is measured in accordance with Subsection 619.04.7. 619.04.10 Sheet Aluminum Overlay Sheet aluminum for signs designated "Sheet Aluminum Overlay" is measured by the square foot (mZ) of sign face complete in place. 619.04.11 Breakaway System A. Square Tubular Steel Post. Breakaway systems are measured per each and include the breakaway device and all associated hardware required to attach the breakaway device. B. Structural and Tubular Steel Posts. Breakaway systems are measured per each and include the breakaway device,fuse plate, and all associated hardware required to attach the breakaway device. Include the cost of the concrete anchors to attach the breakaway to the foundation in the cost of the breakaway. 619.04.12 Permanent Barricade Permanent barricade, as shown in the Detailed Drawings, is measured by the foot(m) of the barricade width and includes all materials for the barricade. 413 t l I WAGE RATE SCHEDULES MINIMUM WAGE RATES TO BE USED FOR THE N. 71" AVENUE STREETSCAPE IMPROVEMENTS - 2017 FOR I CITY OF BOZEMAN, MONTANA MORRISON-MAIERLE, INC. PROJECT NO. 0417.063 SECTION INCLUDES: 1. Montana Prevailing Wage Rates for Building Construction Services 2017, ! January 7, 2017. 2. Montana Prevailing Wage Rates for Heavy Construction 2017, January 7, M 2017 3. Montana Prevailing Wage Rates for Highway Construction Services 2017, January 7, 2017 I i 1 1 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\18 MT Prevailing Wages COVER.doc THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx MONTANA PREVAILING WAGE RATES FOR BUILDING CONSTRUCTION SERVICES 2017 Effective: January 7, 2017 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.comor 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 Section 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.mtwa_qehourbopa.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 ................................................................................................ 4 G. Fringe Benefits .............................................................................................................................................. 4 H. Prevailing Wage Districts ................................................................................................................................ 5 I. Dispatch City ................................................................................................................................................. J. Zone Pay .........................................................................................................................................I........... 5 K. Computing Travel Benefits ...._........................................................................................................................ 5 L. Per Diem 5 ... M. Apprentices .................................................................................................................................................. 5 N. Posting Notice of Prevailing Wages ................................................................................................................. 5 O. Employment Preference ................................................................................................................................. 5 P. Projects of a Mixed Nature .................................................................................................................................................... 5 Q. Occupations Definitions Website ........................................................................................................................ 6 R. Welder Rates .............................................................................................................................................. 6 S. Foreman Rates 6 ........................................................................................................................................... WAGE RATES: BOILERMAKERS .................................................................................................................................................. 7 BRICK, BLOCK,AND STONE MASONS .................................................................................................................. 7 CARPENTERS 7 CEMENTMASONS AND CONCRETE FINISHERS .................................................................................................. CONSTRUCTION EQUIPMENT OPERATORS OPERATORSGROUP 1 ..................................................................................................................................... 8 OPERATORSGROUP 2 ..................................................................................................................................... 9 OPERATORSGROUP 3 ..................................................................................................................................... 10 OPERATORSGROUP 4 ..................................................................................................................................... OPERATORS GROUP 5 10 OPERATORSGROUP 6 ..................................................................................................................................... 10 11 OPERATORSGROUP 7 ..................................................................................................................................... CONSTRUCTION LABORERS LABORERS GROUP 1 11 LABORERSGROUP 2 ..................................................................................................................................... 11 12 LABORERSGROUP 3 ............................................................................................................................ ........ LABORERSGROUP 4 ..................................................................................................................................... 12 DRYWALLAPPLICATORS .............................................................................................................................. ...... 12 ELECTRICIANS: INCLUDING BUILDING AUTOMATION CONTROL ......................................................................... 13 ELEVATORCONSTRUCTORS ............................................................................................................................... 13 FLOOR LAYERS 14 .................................................................................................................................................. GLAZIERS 14 ............................................................................................................................................. ............. HEATINGAND AIR CONDITIONING ....................................................................................................................... 14 INSULATION WORKERS-MECHANICAL(HEAT AND FROST) ................................................................................ 15 IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS ........................................................................... 15 MILLWRIGHTS 15 ..................................................................................................................................................... PAINTERS: INCLUDING PAPERHANGERS ............................................................................................................. 16 PILE BUCKS 16 PLASTERERS ..................................................................................................................................................... 16 PLUMBERS, PIPEFITTERS,AND STEAMFITTERS .................................................................................................. 17 ROOFERS ........................................................................................................................................................... 18 SHEET METAL WORKERS 18 ................................................................................................................................... SPRINKLERFITTERS ........................................................................................................................................... 19 TAPERS .............................................................................................................................................................. 19 TEAMSTERSGROUP 2(TRUCK DRIVERS) ................................................................................................................ 19 TELECOMMUNICATIONS EQUIPMENT INSTALLERS ............................................................................................. 20 TILELAYERS,TERRAZZO AND MARBLE FINISHERS .............................................................................................................. 20 TILELAYERS,TERRAZZO AND MARBLE SETTERS .......................................................................................................... 20 2 A.Date of Publication January 7,2017 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 CI engineering,superintendence,management,office or clerical work. The Administrative Rules of Montana(ARM),24.17.501(2)—2(a),states `Building construction projects generally are the constructions of sheltered enclosures with walk-in access for housing persons,machinery, equipment, or supplies. It includes I' all construction of such structures, incidental installation of utilities and equipment, both above and below grade level, as well as incidental grading, utilities and paving. Examples of building construction include, but are not limited to, alterations and additions to buildings, apartment buildings(5 { stories and above), arenas(closed), auditoriums, automobile parking garages, banks and financial buildings, barracks, churches, city halls, civic centers,commercial buildings, court houses,detention facilities, dormitories,farm buildings,fire stations,hospitals, hotels, industrial buildings, institutional buildings, libraries, mausoleums,motels, museums,nursing and convalescent facilities, office buildings, out patient clinics,passenger and freight terminal buildings,police stations,post offices,powerplants,prefabricated buildings, remodeling buildings,renovating buildings, mss repairing buildings, restaurants schools,service stations,shopping centers,stores,subway stations, theaters, warehouses, water and sewage treatment plants (buildings only), etc." 0 �I C.Definition of Public Works Contract Section 18-2-401(1 1)(a),MCA defines"public works contract"as "...a contract for construction services let by the state, I`I county,municipality,school district, or political subdivision or for nonconstruction services let by the state, county, f municipality, or political subdivision in which the total cost of the contract is in excess of$25,000...". D.Prevailing Wage Schedule This publication covers only Building Construction occupations and rates. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Heavy Construction,Highway Construction,and Nonconstruction Services occupations can be found on the internet at www.mtwagehoubgpa.com or by contacting the Labor N Standards Bureau at(406)444-5600 or TDD(406)444-5549. E.Rates to Use for Projects N ARM,24.17.127(1)(c),states "The wage rates applicable to a particular public works project are those in effect at the time the i bid specifications are advertised." F.Wage Rate Adjustments for Multiyear Contracts p 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." i i i 3 i I G.Fringe Benefits Section 18-2-412,MCA states: "(1) To fulfill the obligation...a contractor or subcontractor may: (a)pay the amount of fi•inge 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, 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, 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.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 Shendan Glacier Tole Hdl Lincoln Flathead Labe Blaine Phillips yiPs Roosevelt Pondera Fbchlarxl Teton Sanders Lake Chouteau McCone 'neral Cascade Fergus Dawson Lewis Garfield and Judith Pair Missoula Clark Basin Wibau Praine Granite Powell Meagher VVheatWnd Musselshell Rosebud Fallon Browiv, Valley Treasure Custer Ravalh Jefferson Lodge Silver Yellowstone sow Gallatin Sweet Grass Stillwater Big Powder Carter Hom River Beaverhead Madrson Park Carbon 4 I.Dispatch City ARM,24.17.103(11),defines dispatch city as ...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." A dispatch city shall be considered the point of origin only for jobs within the counties identified in that district(as shown below): District 1—Kalispell and Missoula: includes Flathead,Lake,Lincoln,Mineral,Missoula,Ravalli,and Sanders; District 2—Butte and Helena: includes Beaverhead Broadwater,Deer Lodge,Glacie r,Granite,Jefferso n,Lewis and Clark, Liberty,Madison,Pondera,Powell,Silver Bow,Teton,and Toole; District 3—Bozeman and Great Falls: includes Blaine,Cascade,Chouteau,Fergus,Gallatin,Golden Valley,Hill,Judith Basin, Meagher,Park,Petroleum,Phillips,Sweet Grass,and Wheatland; District 4—Billings: includes Big Horn,Carbon,Carter,Custer,Daniels,Dawson,Fallon,Garfield,McCone,Musselshell,Powder River,Prairie,Richland,Roosevelt,Rosebud,Sheridan,Stillwater,Treasure,Valley,Wibaux,and Yellowstone. I J.Zone Pay Zone pay is not travel pay. ARM,24.17.103(24),defines zone pay as "...an amount added to the base pay; the combined sum f then becomes the new base wage rate to bepaidfor all hours worked on theproject.Zonepay must be determined by measuring the road miles one way over the shortestpractical maintained route from the dispatch city to the center of the job." See section I above for a list of dispatch cities. K.Computing Travel Benefits ARM,24.17.103(22),states " `Travel pay,'also referred to as `travel allowance,'is and must 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 shortestpractical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job." See section I above for a list of dispatch cities. L.Per Diem jARM,24.17.103(18),states " Per diem'typically covers 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 at that location 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." i 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.Projects of a Mixed Nature Section 18-2-408,MCA states: "(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project,a heavy construction project, or a building construction project. (2)Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification" 5 1 Q. Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: htti)://www.bls.gov/oes/current/oes stru.htin R.Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. S.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. 6 WAGE RATES BOILERMAKERS Wage Benefit Travel: District 1 $30.25 $30.30 All Districts District 2 $30.25 $30.30 0-120 mi. free zone District 3 $30.25 $30.30 >120 mi. federal mileage rate/mi. District 4 $30.25 $30.30 Special Provision: Duties Include: Travel is paid only at the beginning and end of the job. Construct, assemble, maintain, and repair stationary steam boilers, boiler house auxiliaries, process vessels, Per Diem: and pressure vessels. All Districts 0-70 mi.free zone >70-120 mi. $55.00/day >120 mi. $70.00/day j Back to Table of Contents BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel: District 1 $26.58 $13.77 All Districts District 2 $26.58 $13.77 0-45 mi. free zone District 3 $26.22 $13.19 >45-60 mi. $25.00/day District 4 $26.22 $13.19 >60-90 mi. $55.00/day >90 mi. $65.00/day ?Back to Table of Contents CARPENTERS Wage Benefit Zone Pay: District 1 $22.50 $11.82 All Districts District 2 $22.50 $12.11 0-30 mi.free zone District 3 $22.50 $11.82 >30-60 mi. base pay+$4.00/hr. District 4 $22.50 $11.82 >60 mi. base pay+$6.00/hr. Duties Include: Install roll and batt insulation, and hardwood floors. ?Back to Table of Contents 7 CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit Zone Pay: District 1 $19.22 $10.36 All Districts District 2 $21.73 $10.51 0-30 mi.free zone District 3 $19.52 $10.36 >30-60 mi. base pay+ $2.95/hr. District 4 $19.22 $10.36 >60 mi. base pay+$4.75/hr. Duties Include: Smooth and finish surfaces of poured concrete, such as floors,walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. t Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit Zone Pay: District 1 $25.41 $12.05 All Districts District 2 $25.41 $12.05 0-30 mi. free zone District 3 $25.41 $12.05 >30-60 mi. base pay+ $3.50/hr. District 4 $25.41 $12.05 >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. ?Back to Table of Contents g CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: District 1 $26.20 $12.05 All Districts District 2 $26.20 $12.05 0-30 mi.free zone District 3 $26.20 $12.05 >30-60 mi. base pay+ $3.50/hr. District 4 $26.20 $12.05 >60 mi. base pay+$5.50/hr. This group includes but is not limited to: Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float& Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and 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. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: District 1 $27.95 $12.05 All Districts District 2 $27.95 $12.05 0-30 mi. free zone District 3 $27.95 $12.05 >30-60 mi. base pay+$3.50/hr. District 4 $27.95 $12.05 >60 mi. base pay+$5.50/hr. This group includes but is not limited to: Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt(Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat. T Back to Table of Contents 9 CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: District 1 $28.95 $12.05 All Districts District 2 $28.95 $12.05 0-30 mi.free zone District 3 $28.95 $12.05 >30-60 mi. base pay+ $3.50/hr. District 4 $28.95 $12.05 >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. q Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Zone Pay: District 1 $29.95 $12.05 All Districts District 2 $29.95 $12.05 0-30 mi. free zone District 3 $29.95 $12.05 >30-60 mi. base pay+$3.50/hr. District 4 $29.95 $12.05 >60 mi. base pay+$5.50/hr. This group includes but is not limited to: Cranes, 45 tons up to and incl. 74 tons. 1 Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: District 1 $30.95 $12.05 All Districts District 2 $30.95 $12.05 0-30 mi.free zone District 3 $30.95 $12.05 >30-60 mi. base pay+$3.50/hr. District 4 $30.95 $12.05 >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, Whirley(All). ?Back to Table of Contents 10 CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: District 1 $31.95 $12.05 All Districts District 2 $31.95 $12.05 0-30 mi.free zone District 3 $31.95 $12.05 >30-60 mi. base pay+$3.50/hr. District 4 $31.95 $12.05 >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. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 1 / FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: District 1 $18.75 $7.92 All Districts District 2 $18.75 $7.92 0-15 mi. free zone District 3 $18.75 $7.92 >15-30 mi. base pay+$0.65/hr. District 4 $18.75 $7.92 >30-50 mi. base pay+ $0.85/hr. >50 mi. base pay+$1.25/hr. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: District 1 $18.72 $8.82 All Districts District 2 $18.47 $6.95 0-15 mi.free zone District 3 $15.88 $4.17 >15-30 mi. base pay+ $0.65/hr. District 4 $17.31 $4.44 >30-50 mi. base pay+ $0.85/hr. >50 mi. base pay+$1.25/hr. This group includes but is not limited to: General Labor;Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler(dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman;Tool Checker and Houseman and Traffic Control Worker. T Back to Table of Contents 11 CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: District 1 $19.80 $7.92 All Districts District 2 $19.80 $7.92 0-15 mi.free zone District 3 $19.80 $7.92 >15-30 mi. base pay+ $0.65/hr. District 4 $19.80 $7.92 >30-50 mi. base pay+ $0.85/hr. >50 mi. base pay+$1.25/hr. This group includes but is not limited to: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer(Pavement Breaker) Non- Riding Rollers; Pipelayer; Posthole Digger(Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. j Back to Table of Contents CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: District 1 $20.15 $7.96 All Districts District 2 $20.15 $7.92 0-15 mi.free zone District 3 $22.20 $7.92 >15-30 mi. base pay+ $0.65/hr. District 4 $20.15 $7.92 >30-50 mi. base pay+ $0.85/hr. >50 mi. base pay+$1.25/hr. This group includes but is not limited to: Hod Carrier*';Water Well Laborer; Blaster;Wagon Driller;Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws(Faller&Concrete) Powderman; Rock&Core Drill; Track or Truck Mounted Wagon Drill and Welder incl.Air Are. ***Hod Carriers will receive the same amount of travel and/or subsistence pay as bricklayers when requested to travel. 1 Back to Table of Contents DRYWALL APPLICATORS Wage Benefit Zone Pay: District 1 $22.50 $11.82 All Districts District 2 $22.50 $12.11 0-30 mi.free zone District 3 $22.50 $11.82 >30-60 mi. base pay+$4.00/hr. District 4 $22.50 $11.82 >60 mi. base pay+ $6.00/hr. Duties Include: Drywall and ceiling tile installation. j Back to Table of Contents 12 ELECTRICIANS: INCLUDING BUILDING AUTOMATION CONTROL Wage Benefit Travel: District 1 $29.28 $13.09 District 1 District 2 $30.50 $12.77 No mileage due when traveling in employer's vehicle. District 3 $30.50 $12.37 District 4 $32.74 $13.45 The following travel allowance is applicable when Duties Include: traveling in employee's vehicle: Electrical wiring; equipment and fixtures; street lights; 0-10 mi. free zone electrical control systems. Installation and/or adjusting >10-45 mi. $0.585/mi. in excess of the free zone. of building automation controls also during testing and >45 mi. $75.00/day balancing, commissioning and retro-commissioning. Districts 2& 3 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: 0-08 mi.free zone >08-50 mi. federal mileage rate/mi. in excess of the free zone. >50 mi. $66.00/day District 4 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: 0-18 mi. free zone >18-60 mi.federal mileage rate/mi. >60 mi. $75.00/day q Back to Table of Contents ELEVATOR CONSTRUCTORS Wage Benefit Travel: District 1 $49.66 $35.61 All Districts District 2 $49.66 $35.61 0-15 mi.free zone District 3 $49.66 $35.61 >15-25 mi. $39.63/day District 4 $49.66 $35.61 >25-35 mi. $79.26/day >35 mi. $84.90/day or cost of receipts for hotel and meals, whichever is greater. ?Back to Table of Contents 13 FLOOR LAYERS No Rate Established Lay and install carpet from rolls or blocks on floors. Install padding and trim flooring materials. j Back to Table of Contents GLAZIERS Wage Benefit Travel: District 1 $18.67 $2.97 All Districts District 2 $19.00 $2.50 No travel established. District 3 $20.82 $2.61 District 4 $20.82 $2.61 Per Diem Districts 1,2&3 $25/day District 4 No per diem established. j Back to Table of Contents HEATING AND AIR CONDITIONING Wage Benefit Travel: District 1 $25.97 $12.53 All Districts District 2 $28.04 $17.38 0-50 mi.free zone District 3 $28.04 $17.38 >50 mi. District 4 $28.04 $17.38 • $0.25/mi. in employer vehicle. ■ $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 $65/day work. j Back to Table of Contents 14 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit Travel: District 1 $34.17 $19.47 All Districts District 2 $34.17 $19.47 0-30 mi. free zone District 3 $34.17 $19.47 >30-40 mi. $20.00/day District 4 $34.17 $19.47 >40-50 mi. $30.00/day >50-60 mi. $40.00/day Duties Include: >60 mi. $45.00/day plus Insulate pipes, ductwork or other mechanical systems. • $0.56/mi. if transportation is not provided. • $0.20/mi. if in company vehicle. >60 mi. $80.00/day on jobs requiring an overnight stay plus • $0.56/mi. if transportation is not provided. • $0.20/mi. if in company vehicle. ?Back to Table of Contents IRONWORKERS -STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit Travel: District 1 $27.21 $23.16 District 1 District 2 $27.25 $22.06 0-45 mi. free zone District 3 $27.25 $20.83 >45-60 mi. $35.00/day District 4 $27.25 $20.83 >60-100 mi. $60.00/day >100 mi. $80.00/day Duties Include: Structural steel erection; assemble prefabricated metal Special Provision: buildings; cut, bend, tie, and place rebar; energy When the employer provides transportation, travel will producing windmill type towers; metal bleacher seating; not be paid. However,when an employee is required to handrail fabrication and ornamental steel. travel over 70 miles one way, the employee may elect to receive the travel pay in lieu of the transportation. Districts 2,3&4 0-45 mi. free zone >45-85 mi. $55.00/day >85 mi. $85.00/day j Back to Table of Contents MILLWRIGHTS Wage Benefit Zone Pay: District 1 $32.00 $11.82 All Districts District 2 $32.00 $12.11 0-30 mi.free zone District 3 $32.00 $11.82 >30-60 mi. base pay+$4.00/hr. District 4 $32.00 $11.82 >60 mi. base pay+$6.00/hr. 1 Back to Table of Contents 15 PAINTERS: INCLUDING PAPERHANGERS Wage Benefit Travel• District 1 $23.60 $9.35 All Districts District 2 $23.73 $8.76 0-120 mi.free zone District 3 $23.73 $8.76 >120 mi. $45.00/day District 4 $21.05 $9.56 1 Back to Table of Contents PILE BUCKS Wage Benefit Zone Pay: District 1 $29.00 $11.82 All Districts District 2 $29.00 $12.11 0-30 mi.free zone District 3 $29.00 $11.82 >30-60 mi. base pay+$4.00/hr. District 4 $29.00 $11.82 >60 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. 1 Back to Table of Contents PLASTERERS Wage Benefit Zone Pay: District 1 $19.22 $10.36 All Districts District 2 $21.73 $10.51 0-30 mi.free zone District 3 $19.52 $10.36 >30-60 mi. base pay+ $2.95/hr. District 4 $19.22 $10.36 >60 mi. base pay+$4.75/hr. 1 Back to Table of Contents 16 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit Travel: District 1 $28.28 $14.56 District 1 District 2 $28.62 $14.33 0-30 mi. free zone District 3 $28.62 $14.33 >30-50 mi. $25.00/day District 4 $32.31 $16.86 >50-75 mi. $40.00/day >75 mi. $75.00/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, mileage at$0.35/mi. gases. Testing of piping systems, commissioning and with a separate free zone of 20 miles is added to the retro-commissioning. Workers in this occupation may amounts above. However, if the employee is traveling also install heating and cooling equipment and more than 75 miles/day, only subsistence will be is mechanical control systems. required. Districts 2&3 0-40 mi. free zone >40-80 mi. $35.00/day >80 mi. $85.00/day Special Provision: 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 free zone >70 mi. • On jobs when employees do not work consecutive days: $0.55/mi. if employer doesn't provide transportation. Not to exceed two trips. • On jobs when employees work any number of consecutive days: $100.00/day if employer doesn't provide transportation. j Back to Table of Contents 17 ROOFERS Wage Benefit Travel: District 1 $22.84 $ 9.47 District 1 District 2 $22.79 $ 9.08 0-50 mi.free zone District 3 $20.09 $ 5.10 >50 mi. $0.35/mi. District 4 $20.54 $ 4.15 District 2, 0-25 mi. free zone >50 mi. $0.35/mi. District 3 0-30 mi.free zone >50 mi. $0.25/mi. District 4 0-30 mi.free zone >50 mi. $0.25/mi. Per Diem: District 1 $56.00/day District 2 Employer pays for room +$25.00/day. District 3 Employer pays for room +$25.00/day. District 4 $50.00/day. p Back to Table of Contents SHEET METAL WORKERS Wage Benefit Travel: District 1 $28.04 $17.38 All Districts District 2 $28.04 $17.38 0-50 mi. free zone District 3 $28.04 $17.38 >50 mi. District 4 $28.04 $17.38 ■ $0.25/mi. in employer vehicle ■ $0.65/mi. in employee vehicle Duties Include: Testing and balancing, commissioning and retro- Per Diem: commissioning of all air-handling equipment and duct All Districts work. Manufacture, fabrication, assembling, installation, $65.00/day dismantling, and alteration of all HVAC systems, air veyer systems, and exhaust systems. All lagging over insulation and all duct lining. Metal roofing. 1 Back to Table of Contents 18 SPRINKLER FITTERS Wage Benefit Travel: District 1 $35.10 $17.20 All Districts District 2 $35.10 $18.70 0-60 mi.free zone District 3 $35.10 $18.70 >60-80 mi. $17.50/day District 4 $31.56 $14.77 >80-100 mi. $27.50/day >100 mi. $80.00/day Duties Include: Duties Include but not limited to any and all fire protection systems: Installation, dismantling, inspection, testing, maintenance, repairs, adjustments, and corrections of all fire protection and fire control systems, including both overhead and underground water mains, all piping, fire hydrants, standpipes, air lines,tanks, and pumps used in connection with sprinkler and alarm systems. T Back to Table of Contents TAPERS Wage Benefit Travel: District 1 $23.73 $8.76 All Districts District 2 $23.73 $8.76 0-120 mi. free zone District 3 $23.73 $8.76 >120 mi. $45.00/day District 4 $23.73 $8.76 T Back to Table of Contents TEAMSTERS GROUP 2 (TRUCK DRIVERS) No Rate Established This group includes but is not limited to: 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. T Back to Table of Contents 19 TELECOMMUNICATIONS EQUIPMENT INSTALLERS Wage Benefit Travel: District 1 $23.82 $8.34 All Districts District 2 $23.82 $8.60 The federal mileage rate/mi. in effect when travel occurs District 3 $22.96 $8.60 if using own vehicle. District 4 $23.82 $8.60 Per Diem: All Districts Duties Include: Employer pays for meals and lodging up to $65.00/day. Install voice; sound; vision and data systems. This When jobsite is located in Big Sky,West Yellowstone, occupation includes burglar alarms, fire alarms,fiber and Gardiner, lodging and meals will be provided by the optic systems, and video systems for security or employer for all actual and reasonable expenses entertainment. incurred. q Back to Table of Contents TILELAYERS, TERRAZZO AND MARBLE FINISHERS Wage Benefit Travel: District 1 $18.82 $13.38 All Districts District 2 $18.82 $13.38 0-60 mi. free zone District 3 $18.82 $13.38 >60-75 mi. $30.00/day District 4 $18.82 $13.38 >75-215 mi. $65.00/day >215 mi. $80.00/day Duties Include: Finish work on hard tile, marble, and wood tile to floors, ceilings, and roof decks j Back to Table of Contents TILELAYERS, TERRAZZO AND MARBLE SETTERS Wage Benefit Travel: District 1 $26.04 $13.38 All Districts District 2 $26.04 $13.38 0-60 mi.free zone District 3 $26.04 $13.38 >60-75 mi. $30.00/day District 4 $26.04 $13.38 >75-215 mi. $65.00/day >215 mi. $80.00/day Duties Include: Apply hard tile, marble, and wood tile to floors, ceilings, and roof decks j Back to Table of Contents 20 MONTANA PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2017 Effective: January 7, 2017 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 Section 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.mtwa_qehourbopa.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 O. Projects of a Mixed Nature ............................................................................................................................................ 5 P. Occupations Definitions Website .................................................................................................................................... 5 Q. Welder Rates ..................................................................................................................................... 5 R. Foreman Rates .................................................................................................................................. 5 WAGE RATES: BOILERMAKERS ......................................................................................................................................... 6 BRICK, BLOCK,AND STONE MASONS ........................................................................................................... 6 CARPENTERS ............................................................................................................................................ 6 CEMENT MASONS AND CONCRETE FINISHERS ............................................................................................ 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORSGROUP 1 ............................................................................................................................. 7 OPERATORSGROUP 2 ............................................................................................................................ 7 OPERATORSGROUP 3 ............................................................................................................................ 8 OPERATORSGROUP 4 ............................................................................................................................ 8 OPERATORSGROUP 5 ............................................................................................................................ 8 OPERATORSGROUP 6 ............................................................................................................................ 8 OPERATORSGROUP 7 ............................................................................................................................ 9 CONSTRUCTION LABORERS LABORERSGROUP 1 ............................................................................................................................ 9 LABORERSGROUP 2 ............................................................................................................................ 9 LABORERSGROUP 3 ............................................................................................................................ 10 LABORERSGROUP 4 ............................................................................................................................ 10 DIVERS .................................................................................................................................................... 10 DIVERTENDERS ........................................................................................................................................ 11 ELECTRICIANS ............................................................................................................................................................ 11 HEATINGAND AIR CONDITIONING ...................................................................................................................................... 11 INSULATION WORKERS-MECHANICAL(HEAT AND FROST) ........................................................................... 12 IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS ...................................................................... 12 LINE CONSTRUCTION EQUIPMENTOPERATORS .......................................................................................................................... 12 GROUNDMAN ........................................................................................................................................... 12 LINEMAN .................................................................................................................................................. 13 MILLWRIGHTS ............................................................................................................................................ 13 PAINTERS ............................................................................................................................................................ 13 PILEBUCKS ............................................................................................................................................... 13 PLUMBERS, PIPEFITTERS,AND STEAMFITTERS ............................................................................................ 13 SHEETMETAL WORKERS ........................................................................................................................... 13 TEAMSTERSGROUP 1 (Pilot Car Drivers) ......................................................................................................................... 13 TEAMSTERSGROUP 2 (Truck Drivers) ................................................................................................................ 14 2 A. Date of Publication January 7,2017 I B.Definition of Heavy Construction The Administrative Rules of Montana(ARM),24.17.501(4)—(4)(a),states "Heavy construction projects include, but are not limited to, those projects that are not properly classified as either `building construction' or `highway construction.' Heavy construction projects include, but are not limited to, antenna towers, bridges(major bridges designed for commercial navigation), breakwaters, caissons(other than building or highway), canals, channels,channel cut-offs, chemical complexes or facilities(other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredging projects, electrification projects(outdoor),fish hatcheries,flood control projects, industrial incinerators(other than building), irrigation projects,jetties, kilns, land drainage(not incidental to other construction), land leveling(not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries(other than buildings),pipe lines,ponds,pumping stations(prefabricated drop-in units—not buildings), railroad construction, reservoirs, revetments,sewage collection and disposal lines,sewers(sanitary,storm, etc.), shoreline maintenance,ski tows,storage tanks,swimming pools(outdoor),subways(other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts(other than highway), water mains waterway construction water y supply lines(not incidental to building), water and sewage treatment plants(other than buildings)and wells." C.Definition of Public Works Contract Section 18-2-40 1(1 1)(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, or political subdivision in which the total cost of the contract is in excess of$25,000...". D.Prevailing Wage Schedule This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein.These rates will remain in effect until superseded by a more current publication.Current prevailing wage rate schedules for Building Construction,Highway Construction and Nonconstruction Services occupations can be found on the internet at www.mtwanehourbopa.com or by contacting the Labor Standards Bureau at(406)444-5600 or TDD(406)444-5549. E.Rates to Use for Projects ARM,24.17.127(1)(c),states "The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised." F.Wage Rate Adjustments for Multiyear Contracts Section 18-2-417,MCA states: i "(1)Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection(2). the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3%increase. The adjustment must be made and applied every 12 months for the term of the contract. (3)Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency." I I 3 1 G.Fringe Benefits Section 18-2-412,MCA states: "(1) To fulfill the obligation...a contractor or subcontractor may: (a)pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b)make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund,plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U.S. department of labor;or (c)make payments using any combination of methods set forth in subsections(1)(a)and(1)(b)so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund,plan, 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 ARM,24.17.103(11),defines dispatch city as "...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. ARM,24.17.103(24),defines zone pay as "...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 must 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." See section H above for a list of dispatch cities. J.Computing Travel Benefits ARM,24.17.103(22),states " 'Travel pay,'also referred to as 'travel allowance,'is and must 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 the job." See section H above for a list of dispatch cities. K.Per Diem ARM,24.17.103(18),states " 'Per diem'typically covers 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 at that location 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 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." N.Employment Preference Sections 18-2-403 and 18-2409,MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O.Projects of a Mixed Nature Section 18-2-408,MCA states: "(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2)Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification" P. Occupations Definitions 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 performs journey level work,the foreman must be paid at least the journey level rate. 5 WAGE RATES BOILERMAKERS Wage Benefit Travel: $30.25 $30.30 0-120 mi.free zone >120 mi. federal mileage rate/mi. Duties Include: Construct, assemble, maintain, and repair stationary Special Provision: steam boilers, boiler house auxiliaries, process vessels, Travel is paid only at the beginning and end of the job. pressure vessels and penstocks. Bulk storage tanks and bolted steel tanks. Per Diem: 0-70 mi.free zone >70-120 mi. $55.00/day >120 mi. $70.00/day i Back to Table of Contents BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel: $31.07 $13.90 0-20 mi.free zone >20-35 mi. $30.00/day >35-55 mi. $35.00/day >55 mi. $65.00/day q Back to Table of Contents CARPENTERS Wage Benefit Zone Pay: $29.00 $11.82 0-30 mi. free zone >30-60 mi. base pay+ $4.00/hr. >60 mi. base pay+ $6.00/hr. t Back to Table of Contents CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit Zone Pay: $21.73 $10.51 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. T Back to Table of Contents 6 CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit Zone Pay: $25.41 $12.05 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. ?Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: $26.20 $12.05 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 T Back to Table of Contents 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $27.95 $12.05 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. t Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: $28.95 $12.05 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. 1 Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Zone Pay: $29.95 $12.05 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. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: $30.95 $12.05 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). 1 Back to Table of Contents 8 CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: $31.95 $12.05 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 $1.00 for every 100 tons over 250 tons; Crane, Tower(All); Crane Stiff-Leg or Derrick; Helicopter Hoist. ?Back to Table of Contents CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: $21.58 $8.69 0-30 mi. free zone >30-60 mi. base pay+$3.05/hr. >60 mi. base pay+$4.85/hr. j Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: $24.40 $8.69 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. t Back to Table of Contents 9 CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: $24.54 $8.69 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. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: $25.26 $8.69 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. ?Back to Table of Contents DIVERS Wage Benefit Zone Pay: Stand-By $38.16 $14.52 0-30 mi.free zone Diving $76.32 $14.52 >30-60 mi. base pay+ $4.00/hr. >60 mi. base pay+$6.00/hr. Depth Pay(Surface Diving) 0-20 ft. free zone >20-100 ft. $2.00 per ft. >100-150 ft. $3.00 per ft. >150-220 ft. $4.00 per ft. >220 ft. $5.00 per ft. Diving In Enclosures 0-25 ft. free zone >25-300 ft. $1.00 per ft. 1 Back to Table of Contents 10 DIVER TENDERS Wage Benefit Zone Pay: $37.16 $14.52 0-30 mi.free zone >30-60 mi. base pay+$4.00/hr. The tender shall receive 2 hours at the straight time pay >60 mi. base pay+$6.00/hr. rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. T Back to Table of Contents ELECTRICIANS Wage Benefit Travel: $32.74 $13.45 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: 0-18 mi.free zone >18-60 mi. federal mileage rate/mi. >60 mi. $75.00/day T Back to Table of Contents HEATING AND AIR CONDITIONING Wage Benefit Travel: $28.04 $17.38 0-50 mi.free zone >50 mi. Duties Include: ■ $0.25/mi. in employer vehicle. Testing and balancing, commissioning and retro- ■ $0.65/mi. in employee vehilcle. commissioning of all air-handling equipment and duct work. Per Diem: $65/day T Back to Table of Contents 11 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit Travel: $34.17 $19.47 0-30 mi.free zone >30-40 mi. $20.00/day Duties Include: >40-50 mi. $30.00/day Insulate pipes, ductwork or other mechanical systems. >50-60 mi. $40.00/day >60 mi. $45.00/day plus ■ $0.56/mi. if transportation is not provided. ■ $0.20/mi. if in company vehicle. >60 mi. $80.00/day on jobs requiring an overnight stay plus ■ $0.56/mi. if transportation is not provided. ■ $0.20/mi. if in company vehicle. q Back to Table of Contents IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit Travel: $27.25 $23.16 0-45 mi.free zone >45-85 mi. $55.00/day Duties Include: >85 mi. $85.00/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. T Back to Table of Contents LINE CONSTRUCTION—EQUIPMENT OPERATORS Wage Benefit Zone Pay: $33.27 $14.71 No Free Zone $60.00/day Duties Include: All work on substations t Back to Table of Contents LINE CONSTRUCTION—GROUNDMAN Wage Benefit Zone Pay: $25.98 $13.31 No Free Zone $60.00/day Duties Include: All work on substations 1 Back to Table of Contents 12 LINE CONSTRUCTION — LINEMAN Wage Benefit Zone Pay: $43.43 $15.30 No Free Zone Duties Include: $60.00/day All work on substations j Back to Table of Contents MILLWRIGHTS Wage Benefit Zone Pay: $32.00 $11.82 0-30 mi. free zone >30-60 mi. base pay+$4.00/hr. >60 mi. base pay+$6.00/hr. j Back to Table of Contents PAINTERS Wage Benefit Travel: $25.05 $16.72 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: No free zone. $0.60/mi. Per Diem: $80.00/day j Back to Table of Contents 12 PILE BUCKS Wage Benefit Zone Pay: $29.00 $11.82 0-30 mi.free zone >30-60 mi. base pay+ $4.00/hr. Duties Include: >60 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. 1 Back to Table of Contents PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit Travel: $35.66 $16.86 0-70 free zone >70 mi. Duties Include: On jobs when employees do not work Assemble, install, alter, and repair pipe-lines or pipe consecutive days: $0.55/mi. if employer doesn't systems that carry water, steam, air, other liquids or provide transportation. Not to exceed two trips. gases. Testing of piping systems, commissioning and retro-commissioning. Workers in this occupation may On jobs when employees work any number of also install heating and cooling equipment and consecutive days: $100.00/day if employer mechanical control systems. doesn't provide transportation. 1 Back to Table of Contents SHEET METAL WORKERS Wage Benefit Travel: $28.04 $17.38 0-50 mi. free zone >50 mi. Duties Include: ■ $0.25/mi. in employer vehicle Testing and balancing, commissioning and retro- ■ $0.65/mi. in employee vehicle commissioning of all air-handling equipment and duct work. Manufacture, fabrication, assembling, installation, Per Diem: dismantling, and alteration of all HVAC systems, air $65.00/day veyer systems, and exhaust systems. All lagging over insulation and all duct lining. Metal roofing. 1 Back to Table of Contents TEAMSTERS GROUP 1 (Pilot Car Drivers) No Rate Established ? Back to Table of Contents 13 TEAMSTERS GROUP 2 (Truck Drivers) No Rate Established This group includes but is not limited to: 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. ?Back to Table of Contents THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx MONTANA PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION SERVICES 2017 Effective: January 7, 2017 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 Section 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 M8ONTANA PREVAILING WAGE REQUIREMENTS: A. Date ofPublication ............................................................................................................................... ~ B. Definition of Highway Construction ------------------------------------. . C. Definition of Public Works Contract -----------------------------------. ~ D. Prevailing Wage Schedule --------------------------------------- ~ E. Rates to Use for Projects ---------------------------------------- . F. Wage Rate Adjustments for Multiyear Contracts ------------------------------ ^ G. Fringe Benefits --------------------------------------------. 4 H. Dispatch City -----------------_—_—_—_—____________________. 4 | Zone . ------------------------------------------- � � --- � 4 J. CumpubngTravel 8enoU� --------------------------------------- K. Per Diem -------------------'----------------------' � ----� 4 L ApprenUooa -----------------------------------------.�—' ' --� 5 M. PnuUngNobonof Prevailing VVagou -----------------------------------. N. Employment Preference ----------------------------------------. - O Pn�no�ofok4�edNa�� ----------------------------------------------' ~ � 5 P. OooupaUoneDefin�nnnVVebn�m -------------------------------------------- OWelder --------_—_________________________________. _ Q. — 5 R. Foreman Rates -------------------------------------------� WAGE RATES: BRICK, BLOCK,AND STONE MASONS O -----------------------------------' CARPENTERS --------------------------------_—_—_—_—_____—_ - CEMENT MASONS AND CONCRETE FINISHERS ------------------------------.. . CONSTRUCTION EQUIPMENT' O OPERATORS GROUP 1 -----------------------------------------' OPERATORS GROUP 2 -----------------------------------------. . 7 OPERATORS GROUP 3 -----------------------------------------. OPERATORS GROUP 4 -----------------------------------------. - OPERATORS GROUP 5 -----------------------------------------� - OPERATORS GROUP O -----------------------------------------� - OPERATORS GROUP 7 -----------------------------------------� - CONSTRUCTION LABORERS LABORERS GROUP 1 0 -----------------------------------------. LABORERS GROUP 2 -----------------------------------------. - LABORERS GROUP 3 -------'.----------------.----------------- " 10 LABORERS GROUP 4 -----------------------------------------. � 10 DIVERS ------------------------------------------' ------� 10 DIVER TENDERS -----------------------------------------' ---' 11 ELECTRICIANS -------------------------------------------' --� 11 |RONVVORKERS'STRUCTURAL STEEL AND RE8ARPLACERS -----------------------. LINE CONSTRUCTION 11 EQUIPMENT OPERATOR ----------------------------------------' 11 GROUNDMAN -----------------------------------------' ---- 11 LINEMAN -------_—_—________________________________� -----� 12 MILLWRIGHTS --------------------------------------------� --� 12 PAINTERS --------------------------------------------� ---' 12 PILEBUCKS -------------------------------------------- ---' 12 TEAMSTERS GROUP 1U,Uo Car -----------------------------------� ' 13 TEAMSTERS GROUP 2 (Truck Drivers) ------------------------------------' 2 � A.Date of Publication January 7,2017 B.Definition of Highway Construction The Administrative Rules of Montana(ARM),24.17.501(3)—(3)(a),states "Highway construction projects include, but are not limited to, the construction, alteration, or repair of roads,streets, highways, runways, taxiways, alleys, trails, paths, and parking areas, bridges constructed or repaired in conjunction with highway work, and other similar projects not incidental to building construction or heavy 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,parking lots,parkways, resurfacing streets and highways, roadbeds, roadways, runways,shoulders,stabilizing courses,storm sewers incidental to road construction,streetpaving, surface courses, taxiways, and trails." C.Definition of Public Works Contract Section 18-2-40 1(1 1)(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, 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 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.mtwaaehourbopa.com or by contacting the Labor Standards Bureau at(406)444-5600 or TDD(406)444-5549. E.Rates to Use for Projects ARM,24.17.127(1)(c),states "The wage rates applicable to a particular public works project are those in effect at the time the 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 fulfill the obligation...a contractor or subcontractor may: (a)pay the amount of fi•inge benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b)make an irrevocable contribution to a trustee or a third person pursuant to a fi-inge benefit fund,plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c) make payments using any combination of methods set forth in subsections (1)(a)and(1)(b)so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund,plan, or program described in subsection (1)(b)must provide benefits to workers or employees for health care,pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor." Fringe benefits are paid for all hours worked(straight time and overtime hours). However,fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime,unless there is a collectively bargained agreement in effect that specifies otherwise. H.Dispatch City ARM,24.17.103(11),defines dispatch city as "...the courthouse in the city fi-om 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. ARM,24.17.103(24),defines zone pay as"...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 must 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." See section H above for a list of dispatch cities. J. Computing Travel Benefits ARM,24.17.103(22),states " 'Travel pay,'also referred to as 'travel allowance,'is and must be paid for travel both to and fr-onu the job site, except those with special provisions listed under the classification. 77ie 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 the job." See section H above for a list of dispatch cities. K.Per Diem ARM,24.17.103(18),states " Per diem'typically covers 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 at that location 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 fi-inge 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 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." 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.Projects of a Mixed Nature Section 18-2-408,MCA states: "(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2)Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification" P.Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: http://www.bls.gov/oes/cuiTent/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 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: $26.58 $13.77 0-45 mi.free zone >45-60 mi. $25.00/day >60-90 mi. $55.00/day >90 mi. $65.00/day ?Back to Table of Contents CARPENTERS Wage Benefit Zone Pay: $29.00 $11.82 0-30 mi. free zone >30-60 mi. base pay+$4.00/hr. >60 mi. base pay+ $6.00/hr. T Back to Table of Contents CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit Zone Pay: $23.87 $10.51 0-25 mi.free zone >25-50 mi. base pay+$2.50/hr. Duties Include: >50 mi. base pay+$3.00/hr. Smooth and finish surfaces of poured concrete, such as floors,walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. t Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit Zone Pay: $24.02 $9.90 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. 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. 1 Back to Table of Contents 6 CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: $26.05 $9.90 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. 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 ?Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $26.91 $9.90 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. 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. 1 Back to Table of Contents 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: $27.60 $9.90 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. Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Zone Pay: $28.94 $9.90 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. Cranes, 45 tons up to and incl. 74 tons. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: $29.63 $9.90 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. This group includes but is not limited to:Cranes, 75 >50 mi. base pay+ $3.00/hr. tons up to and incl. 149 tons; Cranes,Whirley(All). T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: $31.73 $9.90 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. 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. t Back to Table of Contents 8 CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: $19.30 $9.00 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. >50 mi. base pay+$3.00/hr. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: $23.60 $8.05 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. 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. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: $22.19 $8.05 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. 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. T Back to Table of Contents 9 CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: $23.18 $8.05 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. 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. f Back to Table of Contents DIVERS Wage Benefit Zone Pay: Stand-By $38.16 $14.52 0-30 mi. free zone Diving $76.32 $14.52 >30-60 mi. base pay+ $4.00/hr. >60 mi. base pay+$6.00/hr. Depth Pay(Surface Diving) 0-20 ft. free zone >20-100 ft. $2.00 per ft. >100-150 ft. $3.00 per ft. >150-220 ft. $4.00 per ft. >220 ft. $5.00 per ft. Diving In Enclosures 0-25 ft. free zone >25-300 ft. $1.00 per ft. T Back to Table of Contents DIVER TENDERS Wage Benefit Zone Pay: $37.16 $14.52 0-30 mi. free zone >30-60 mi. base pay+ $4.00/hr. The tender shall receive 2 hours at the straight time pay >60 mi. base pay+ $6.00/hr. rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. 1 Back to Table of Contents 10 ELECTRICIANS Wage Benefit Travel: $32.74 $13.45 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. >60 mi. $75.00/day t Back to Table of Contents IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit Travel: $27.25 $23.16 0-45 mi. free zone >45-85 mi. $55.00/day Duties Include: >85 mi. $85.00/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. t Back to Table of Contents LINE CONSTRUCTION —EQUIPMENT OPERATORS Wage Benefit Zone Pay: $33.27 $14.17 No Free Zone $60.00/day T Back to Table of Contents LINE CONSTRUCTION —GROUNDMAN Wage Benefit Zone Pay: $25.98 $13.31 No Free Zone $60.00/day ?Back to Table of Contents LINE CONSTRUCTION — LINEMAN Wage Benefit Zone Pay: $43.43 $15.30 No Free Zone $60.00/day T Back to Table of Contents 11 MILLWRIGHTS Wage Benefit Zone Pay: $32.00 $11.82 0-30 mi. free zone >30-60 mi. base pay+ $4.00/hr. >60 mi. base pay+$6.00/hr. T Back to Table of Contents PAINTERS Wage Benefit $27.00 $9.30 T Back to Table of Contents PILE BUCKS Wage Benefit Zone Pay: $29.00 $11.82 0-30 mi. free zone >30-60 mi. base pay+ $4.00/hr. Duties Include: >60 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. T Back to Table of Contents TEAMSTERS GROUP 1 (Pilot Car Drivers) Wage Benefit Zone Pay: $20.39 $9.16 0-25 mi. free zone >25-50 mi. base pay+ $2.50/hr. >50 mi. base pay+$3.00/hr. T Back to Table of Contents 12 TEAMSTERS GROUP 2 (Truck Drivers) Wage Benefit Zone Pay: $26.09 $9.16 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. 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. t Back to Table of Contents 13 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx MISCELLANEOUS FORMS The following miscellaneous forms are provided for the CONTRACTOR' information. They will be used by the ENGINEER and OWNER in the administration of the 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 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx Notice of Award Dated 1(0 Project: Owner: Owner's Contract No.: N.7th Avenue Streetscape Improvement,- City of Bozeman N/A 2017 Contract:N.7th Avenue Streetscape Improvements-2017 Engineer's Project No.: 0417.063 Bidder: Montana Lines,Inc. Bidder's Address:(send Certified Mail,Return Receipt Requested): 2800 Upper River Road Great Falls,MT 59405 You are notified that your Bid dated October 3,2017,as modified from your original Bid dated September 18, 2017, for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Schedule I and Schedule II. The Contract Price of your Contract is Two Hundred Fifty Three Thousand,One Hundred Forty Seven and 25/100 Dollars($253,147.25). 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 within fifteen days of the date you receive this Notice of Award. 1. Deliver to the Owner[5]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: The Bid Form and Measure and Payment Sections shall be modified per the attached "N 711 Avenue Streetscape Improvements Project Section 00300 and 01025 Modifications." 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. MN OF hCREMPIQ r By: K :.7P;;AAr-- Authodi,V Sig ature (G 4 P - 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 10/23/17 Project:N. 7th Avenue StreetscapeOwner:City of Bozeman Owner's Contract No.: Improvements-2017 N/A Contract:N.7th Avenue Streetscape Improvements-2017 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 October 23, 2017. 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 30, and the number of days to achieve readiness for final payment is 60. 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. 2. Traffic Control Plan shall be approved by MDT. 3. Encroachment Permit shall be approved through MDT. Contractor Mner Received by: n by: th rized Signature, Title Titl� Date Date ecX�, Copy to Engineer f Notice to Proceed—Page 1 of 1 EJCDC-550 Prepared by the Engineers Joint Contract Documents Committee 24 Notice to Proceed_101717.doc Revised January 2010 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 3-Short-Durston\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 3-Short-Durston\25 COB Change Order Form.doc Field Order No. Date of Issuance: Effective Date: Project: Owner: Owners Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.04A.,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 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx Work Change Directive No. Date of Issuance: Effective Date: Project: Owner: Owners Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: You are directed to proceed promptly with the following change(s): Item No. Description Attachments(list documents supporting change): Purpose for Work Change Directive: ❑ Authorization for Work described herein to proceed on the basis of Cost of the Work due to: ❑ Non-agreement on pricing of proposed change. ❑ Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. Estimated change in Contract Price and Contract Times: Contract Price$ ❑increase❑decrease Contract Time ❑increase❑decrease days 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 1 27 Work Change Directive.doc Revised January 2010 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: Morrison-Maierle, Inc. Project Number TO: PROJECT AND LOCATION: OWNER: By reason of which renders it impracticable for you to secure specified results on the work required by your contract, you are hereby directed to suspend work(minor operations excepted), at the close of work on You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time M will M 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 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx 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 Elwas ❑ 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 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx APPLICATION FOR PAYMENT (Project Cost Estimate) Page 1 of 2 pages 1. Owner's Name and Address: 5.Project Number: 2. Official Name and Location of Project: 6.Application No. 3. Contractor's Name and Address: 7.Period Ending: 8.Date Prepared: 9.Percent Complete: 10. M-M No. 4. Description of Work: 11.Orig.Contract Amount 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-Maierie,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 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 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx 2 E P— us va ss n vi us n v, ds v3 v sis n o 0 .v "q. w w 0 0 a ° c •p •a cc M w f Q zi Iry�i VI C G O O Cq ti U W Vi ° w F o Q 1..1 O N W U •, H y i � F VI � V � d 9 5 0 � a P w �' W W k x � � � op 4. p U W Z a A iY F g z U G wp a wo o t U O a v C o O O > d c u�3 v�i 0.F1 rA ,.� o o aCi Q o °°' wo 0 z U F� U a Q' .W.1 t]ii .W.a j Nk R' a m' P' 2.1 w �Yl o U ti 1 ❑❑ C O G t V•Wb W 0 N N 'N.0- >,9A p 4 0 U 9 p o w o U a U a> y o o aqq o g U U co_Pa10 Q u� h.c'5•� z avoF C a a y y � Q o U o epp O Y 'o«•S iy V y w°p14 o v a o n ra3.w,wd .D c 0 m uU '�' 0.l P i U C �7 0 �,O`�•t• odoS,o d� o > 3 U •o 0 m THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx Certificate of Substantial Completion Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: 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 Accepted by Owner 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 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx CONTRACTOR'S CERTIFICATE AND RELEASE FROM: (Contractor) TO: 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 flnsert Owner's Namel 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 [Insert 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 Name] does not pay in full the amount stated in Paragraph I hereof, said deduction shall be automatically included under Paragraph Il 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 Name] 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 Cart and Release.docx Revised May 2011 second, that he has read the foregoing certificate by him subscribed as (Title) of the (Name of Company) Affiant further states that the matters and things stated therein are, to the best of his knowledge and belief, true. (Signature) Subscribed and sworn to before me this , day of , 20 My commission expires (Notary) Contractor's Certificate and Release—Page 3 of 3 33 Contractors Cert and Release.docx Revised May 2011 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx 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 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx CONSENT OF OWNER ❑ SURETY COMPANY ARCHITECT ❑ TO FINAL PAYMENT CONTRACTOR ❑ AIA DOCUMENT G 70 7 SURETY ❑ OTHER PROJECT: (name,address) TO(Owner) r ARCHITECT'S PROJECT NO: CONTRACT FOR: CONTRACT DATE: CONTRACTOR: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (bere 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 01970�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\063\Design Docs\Specs-Phase 3-Short-Durston\35 01027 Consent.doc 8123117 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx 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 a general 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 an 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. Short Street and West Peach Street 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 the east side of N. 7th 01010- Page 1 of 7 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01010.doc 8/24/17 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF WORK Avenue in Bozeman, Montana, between West Short Street and West Peach Street. 1. Work to be completed includes, but is not limited to: a. Excavation and site grading, base preparation, concrete approaches, sidewalk installation, curb and gutter installation and asphalt paving; b. Removal of existing sidewalk, concrete, curb and gutter and asphalt; c. Installation of soil cells; d. Installation of trees, tree grates and tree guards; e. Paver Installation; f. Installation of bike racks; g. Irrigation; h. Landscaping; i. Installation of decorative Luminaires, including associated appurtenances, bases, conduit and wiring. j. Below ground installation of conduit, piping and wiring necessary for installation of luminaries; k. Above ground installation of electrical appurtenances necessary for installation of luminaires; I. Boring; m. Excavation and/or chain trenching; n. Installation of pre-cast or cast-in-place pole bases; o. Installation of pull boxes and associated conduit/wiring; p. Removal of existing luminarie(s) and associated appurtenances; 01010 - Page 2 of 7 NA04171063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01010.doc 8/24/17 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF WORK q. Removal/replacement of signage; r. Protection of existing improvements. 1.05 LOCATION AND INSPECTION OF SITE A. The project location is N 7th Avenue in Bozeman, Montana, between West Short Street and West Peach Street. 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 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. 01010- Page 3 of 7 NA0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01010.doc 8/24/17 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF 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 Owner with 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 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. 01010- Page 4 of 7 N:\0417\063\Design Docs\Specs-Phase 3Short-Durston0vision 1\01010.doc 8/24/17 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF WORK 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 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 01010- Page 5 of 7 NA0417\0630esign Docs\Specs-Phase 3-Short-Durston0vision 1\01010.doc 8124/17 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF WORK 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 3.1A & 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 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 01010- Page 6 of 7 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston0vision 1\01010.doc 8/24/17 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF WORK 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. Montana Opticom 406-600-6036 5. Charter Spectrum 406-570-0935 6. CenturyLink 406-585-1909 7. City of Bozeman Engineering Dept. 406-582-2280 8. 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) PART 3 EXECUTION (Not Used) END OF SECTION 01010 01010 - Page 7 of 7 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01010.doc 8/24/17 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx SECTION 01019 DIVISION 1 — GENERAL REQUIREMENTS CONTRACT CONSIDERATIONS PART1 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 3-Short-Durston\Division 1\01019.doc August 24,2017 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 3-Short-Durston0vision 1\01019.doc August 24,2017 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 2 PRODUCTS Not used PART 3 EXECUTION Not used END OF SECTION 01019 01019—Page 3 of 3 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01019.doc August 24,2017 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx 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) SF = Square Foot SY = Square Yard CY = Cubic Yard TN = Ton 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: 01025 - 2 SECTION 01025 DIVISION 1 - GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT SCHEDULE I: CIVIL AND ELECTRICAL 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 percent to be paid following completion and acceptance of the contract work. The bid price for this item cannot exceed five 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 E0.3; 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 — 1" Schedule 80 PVC Conduit Refer to Section 00920 MDT Special Provisions, MDT Standard Specification 616 Conduits and Pull Boxes. Item 105 — 2" Schedule 80 PVC Conduit Refer to Section 00920 MDT Special Provisions, MDT Standard Specification 616 Conduits and Pull Boxes. Item 106 — #6 AWG Conductor 01025 - 3 SECTION 01025 DIVISION 1 - GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT Shall include wire, connectors and all labor, materials and equipment associated with wire installation in conduit and luminaire poles. Item 107 — #8 AWG Conductor Shall include wire, connectors and all labor, materials and equipment associated with wire installation in conduit and luminaire poles. Item 108 —#10 AWG Conductor Shall include wire, connectors and all labor, materials and equipment associated with wire installation in conduit and luminaire poles. Item 109 — Pull box Refer to Section 00920 MDT Special Provisions, MDT Standard Specification 616 Conduits and Pull Boxes. Item 110 — Type E2 Luminaire Assembly Shall include concrete pole base, transport of existing Type E2 luminaire from City storage location to site, and installation of pole base, luminaire Type E2 with associated accessories. Accessories included: decorative base cover, breakaway bolts, pole, decorative arm, banner arms, plant hanger, GFI receptacle and cover. Item 111 — Exterior Lighting Control Shall include photocell, lighting contactor and contactor enclosure and all labor, materials and equipment associated with installation of devices and wiring between lighting control and source panelboard `L'. Item shall including all surface repair as needed for conduit routing to Panel L Item 112 — Reset Existing Curb Box Measured and paid per each for all materials, tools, labor and equipment necessary to complete the item and all incidental work related thereto. Item 113 — Reset Existing Utility Vault Measured and paid per each for all materials, tools, labor and equipment necessary to complete the item and all incidental work related thereto. 01025 - 4 SECTION 01025 DIVISION 1 - GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT Item 114 — Reset Existing Irrigation Vault Measured and paid per each for all materials, tools, labor and equipment necessary to complete the item and all incidental work related thereto. Item 115 — Reset Existing Street Sign, New Pole and Base Refer to Section 00920 MDT Special Provisions, MDT Standard Specification 619 Signs and Delineators. Includes new concrete base, new pole and re- installation of three (3) existing sign blanks. Item 116 — Removal and Disposal- Asphalt and Concrete Shall be measured and paid per lump sum for all materials, tools, labor and equipment necessary to removal the specified materials as shown on Sheets CO.1 and C1.1. All asphalt and concrete must be disposed of properly. Includes all incidental work related thereto. Item 117 — Saw Cut Asphalt/ Concrete Measured and paid per linear foot for all materials, tools, labor and equipment necessary to complete the item and all incidental work related thereto. Item 118 — Excavation Refer to Section 00920 MDT Special Provisions, MDT Standard Specification 203 Excavation and Embankment. Item 119 — Geotextile Fabric Measured and paid per square yard for all materials, tools, labor and equipment necessary to complete the item and all incidental work related thereto. Excludes landscape geotextile. Item 120 — Geogrid Stabilization Measured and paid per square yard for all materials, tools, labor and equipment necessary to complete the item and all incidental work related thereto. Excludes landscape geogrid. Item 121 — 1-1/2" Minus Crushed Base Gravel 01025 - 5 SECTION 01025 DIVISION 1 - GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT Same as MPWSS Section 02235-4.1 . Item 122 — 3" Minus Crushed Gravel Same as MPWSS Section 02235-4.1. Item 123 — 6" Thick Reinforced Concrete Measured and paid per square foot for concrete sidewalk and drive approaches in accordance with MPWSS section 02529.4.4. Payment shall be inclusive of excavation and placement of 1-1/2" minus crushed base material, and backfill. Item 124 — Concrete Curb and Gutter Refer to Section 00920 MDT Special Provisions, MDT Standard Specification 609 Curbs and Gutters. Item 125 — 4" Wide Vertical Curb Refer to Section 00920 MDT Special Provisions, MDT Standard Specification 609 Curbs and Gutters. Item 126 — Asphalt Same as MPWSS Section 02510-4.1.A. Item 127 — Relocate Business Sign Measured and paid per each for all materials, excavation, new concrete base, electrical connections, tools, labor and equipment necessary to complete the item and all incidental work related thereto. Item 128 — Spade Transplant Existing Tree Measured and paid per each for all materials, tools, labor, coordination and equipment necessary to complete the item and all incidental work related thereto. Item 129 — Remove Existing Tree Measured and paid per each for all materials, tools, labor, equipment and disposal necessary to complete the item and all incidental work related thereto. 01025 - 6 SECTION 01025 DIVISION 1 - GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT Item 130 — Top Soil Measured and paid in one lump sum for all material, tools, labor, and equipment necessary to place top soil in all disturbed areas previously covered with top soil or sod. Item 131 — General Mix Sod Measured and paid in one lump sum for all material, tools, labor, and equipment necessary to replace sod in all disturbed areas previously covered sod. Item 132 — Misc. Landscape and Site Improvements Shall include all work as generally shown on Sheet C1.1 required to match new improvements to existing site conditions including but not limited to: trimming existing landscape components to create a clear travel path along the new sidewalk, cutting and replacing the timber planter, irrigation repair(not including irrigation designed as part of this contract shown on Irrigation sheets), and disturbed area restoration. Item 133 — Traffic Control Refer to Section 00920 MDT Special Provisions, MDT Standard Specification 618 Traffic Control. Item 134 — Miscellaneous Work This Bid Item is for Miscellaneous Work in the amount of $10,000.00. This Miscellaneous Work Item is provided in the bid for any work and/or materials which may be encountered during construction, but which is not addressed elsewhere in the Contract. Miscellaneous Work will be measured by the respective unit for material and/or work performed as directed by the Engineer in writing. Payment for Miscellaneous Work will be at agreed-upon prices or on force account basis. The Miscellaneous Work Bid Item (in dollars) included in the Contract is an estimated amount only, and may be adjusted by the Engineer and Owner through a Contract Change Order. The amount cannot exceed $10,000.00 without a Contract Change Order. Depending on what is encountered during construction, this item may or may not be utilized for the project. 01025 - 7 SECTION 01025 DIVISION 1 - GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT SCHEDULE IL LANDSCAPE Item 201A— Landscaping (Streetscape) — Modified Bid dated 10/03/17 Shall include all landscape work as generally shown on L1.0— L1 .6 and IR1.0— IR1.2; including Stratavault soil cells, permeable pavers, root barrier, geotextile fabric at edge of soil cells, permeable setting bed, permeable base aggregate, soil cell base course, planting soil including amendments, mulch, tree wrap, tree guards, tree grate, tree-deciduous and irrigation. Includes 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. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01025 01025 - 8 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 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 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx 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 3-Short-Durston\Division 1\01035.doc August 24,2017 SECTION 01035 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. Dates 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01035.doc August24,2017 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 N:\0417\063\Design Docs\Specs-Phase 3Short-Durston\Division 1\01035.doc August 24,2017 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. ENGINEER will 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01035.doc August 24,2017 SECTION 01040 COORDINATION AND DIVISION 1 - GENERAL REQUIREMENTS SITE CONDITIONS PART 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:\0417\0630ESIGN DOCS\SPECS-PHASE 3-SHORT-DURSTON\DIVISION 1\01040.DOC August 24,2017 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: 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 DOCS\SPECS-PHASE 3-SHORT-DURSTON\DIVISION 1\01040.DOC August 24,2017 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 3-SHORT-DURSTON\DIVISION 1\01040.DOC August 24,2017 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, or 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 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 3-SHORT-DURSTON\DIVISION 1\01040.DOC August 24,2017 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 construction operations, 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 N:\0417\063\DESIGN DOCS\SPECS-PHASE 3SHORT-DURSTON\DIVISION 1\01040.DOC August 24,2017 SECTION 01040 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 3-SHORT-DURSTON\DIVISION 1\01040.DOC August 24,2017 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 N:\0417\063\DESIGN DOCS\SPECS-PHASE 3-SHORT-DURSTOMDIVISION 1\01040.DOC August 24,2017 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 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 N:\0417\063\DESIGN DOCS\SPECS-PHASE 3-SHORT-DURSTON\DIVISION 1\01040.DOC August 24,2017 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 3-SHORT-DURSTON0IVISION 1\01040.DOC August 24,2017 SECTION 01040 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\063\DESIGN DOCS\SPECS-PHASE 3-SHORT-DURSTON\DIVISION 1\01040.DOC August 24,2017 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 3-SHORT-DURSTON\DIVISION 1\01040.DOC August 24,2017 SECTION 01040 COORDINATION AND DIVISION 1 - GENERAL REQUIREMENTS SITE CONDITIONS END OF SECTION 01040 01040 - Page 12 of 12 N:\0417\063\1)ESIGN DOCS\SPECS-PHASE 3-SHORT-DURSTON\DIVISION 1\01040.DOC August 24,2017 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 prior to the submission of the application for progress payment. No progress payments shall be made to the 01041 —Page 1 of 3 NA0417\063\Design Docs\Specs-Phase 3-Short-Durston0vision 1\01041.doc August24,2017 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston0vision 1\01041.doc August 24,2017 SECTION 01041 DIVISION 1 - GENERAL REQUIREMENTS PROJECT COORDINATION 1. Connections to existing facilities or utilities, or other work 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 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 3-Short-Durston0vision 1\01041.doc August 24,2017 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx 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 3-Short-Durston\Division 1\01050.doc 8/24/17 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 3 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01050.doc 8/24/17 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 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 3-Short-Durston\Division 1\01050.doc 8/24/17 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx 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. Section 01400, 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-Pagel of 13 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01300.doc August 24,2017 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 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 prior to 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01300.doc August 24,2017 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston0vision 1\01300.doc August 24,2017 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 3-Short-Durston\Division 1\01300.doc August 24,2017 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 3-Short-Durston\Division 1\01300.doc August 24,2017 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01300.doc August 24,2017 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 3-Short-Durston\Division 1\01300.doc August 24,2017 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 for manufacturing and construction of the interfacing or connection work. 01300 - Page 8 of 13 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01300.doc August 24,2017 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 samples as 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01300.doc August 24,2017 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\Design Docs\Specs-Phase 3-Short-Durslon0vision 1\01300.doc August 24,2017 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 3-Short-Durston\Division 1\01300.doc August 24,2017 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 W0417\0630esign Docs\Specs-Phase 3-Short-Durston\Division 1\01300.doc August 24,2017 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 3-Short-Durston\Division 1\01300.doc August 24,2017 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01400.doc August 24,2017 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01400.doc August 24,2017 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 3-Short-Durston0vision 1\01400.doc August 24,2017 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 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 3-Short-Durston0vision 1\01400.doc August 24,2017 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 PRODUCTS (Not Used) 01400—Page 5 of 7 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01400.doc August 24,2017 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 3-Short-Durston\Division 1\01400.doc August 24,2017 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01400.doc August 24,2017 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 - GENERAL REQUIREMENTS AND TEMPORARY CONTROLS PART1 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 for temporary 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. 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:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01500.doc August 24,2017 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01500.doc August 24,2017 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:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01500.doc August 24,2017 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, or 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 or 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durslon\Division 1\01500.doc August 24,2017 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01500.doc August 24,2017 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston0vision 1\01500.doc August 24,2017 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 provisions. 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durslon\Division 1\01500.doc August 24,2017 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01500.doc August 24,2017 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 3-Short-Durston\Division 1\01500.doc August 24,2017 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx SECTION 01560 ENVIRONMENTAL DIVISION 1 - GENERAL REQUIREMENTS QUALITY CONTROL PART1 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 NA0417\0630esign Docs\Specs-Phase 3-Short-Durston0vision 1\01560.doc August 24,2017 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 3-Short-Durston0vision 1\01560.doc August 24,2017 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 3-Short-Durston0vision 1\01560.doc August 24,2017 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, dewater in 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 3-Short-Durston\Division 1\01560.doc August 24,2017 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01560.doc August 24,2017 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 orthe 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 3-Short-Durston\Division 1\01560.doc August 24,2017 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 3-Short-Durston0vision 1\01560.doc August 24,2017 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston0vision 1\01560.doc August24,2017 SECTION 01570 DIVISION 1 - GENERAL REQUIREMENTS CONSTRUCTION TRAFFIC CONTROL PART 1 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:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01570.doc 8/24/17 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 2 of 3 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01570.doc 8/24/17 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\0630esign Docs\Specs-Phase 3-Short-Durston\Division 1\01570.doc 8/24/17 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx 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 DOCS\SPECS-PHASE 3-SHORT-DURSTON\DIVISION 1\01600.DOC June 21,2004 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 00700, 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 3-SHORT-DURSTON\DIVISION 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 PRODUCTS Not Used PART 3 EXECUTION Not used END OF SECTION 01600 - Page 3 of 3 NA0417\0630esign Docs\Specs-Phase 3-Short-Durston\Division 1\01600.doc June 21,2004 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx SECTION 01700 DIVISION 1 - GENERAL REQUIREMENTS CONTRACT CLOSEOUT PART 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 3-Short-Durston\Division 1\01700.doc August 24,2017 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 3-Short-Durston\Division 1\01700.doc August 24,2017 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 NA0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01700.doc August 24,2017 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 3-Short-Durston\Division 1\01700.doc August 24,2017 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 3-Short-Durston\Division 1\01700.doc August 24,2017 SECTION 01700 DIVISION 1 - GENERAL REQUIREMENTS CONTRACT CLOSEOUT 18. 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 after 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 '/2 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\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01700.doc August 24,2017 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 '/2 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 Engineer will present to the Contractor, after the 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 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 3-Short-Durston\Division 1\01700.doc August 24,2017 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 storage 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 number. 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston0vision 1\01700.doc August 24,2017 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) PART2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION 01770 01770—Pagel of 1 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Division 1\01770.doc 8/24/2017 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx SECTION 02930 DIVISION 2 — SITEWORK PLANTING PART1 GENERAL 1.01 SECTION INCLUDES A. Trees B. Plants C. Soils D. Fertilizers E. Mulches F. Root Barrier 1.02 SUBMITTALS A. General: Submit each item in this Article according to the Conditions of the Contract. B. Delivery tickets for all bulk materials with Owner's Representative's approval or acknowledgment that materials were received in satisfactory condition. C. Product certificates signed by manufacturer certifying that their products comply with specified requirements. 1. Manufacturer's certified analysis for standard products, where applicable. 2. Analysis for other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists, where applicable. 3. Label data and cut sheets substantiating that landscape materials, including all soil amendments, herbicides,and pesticides, comply with specified requirements. D. Samples of each of the following: 1. One (1) cubic foot of mulch for each mulch type required for Project, in labeled plastic bags, boxes, or buckets. 2. Weed barrier. 3. Root barrier material. 4. All items requested by Contractor for Substitution or as an Approved Equal. E. Qualification data for firms and persons specified in the"Quality Assurance" article to demonstrate their capabilities and experience. Include lists of completed projects with project names and addresses, names and address of architects, owners, and other information specified. F. Trees: documentation from growers/nursery supplier. 1. For field-direct stock, provide documentation describing the location of the grower, anticipated dig dates, and anticipated delivery dates to site. 2. For nursery stock, provide documentation of original date of delivery 02930—Page 1 of 12 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02930 Plants.doc 8/25/2017 SECTION 02930 DIVISION 2 — SITEWORK PLANTING of stock to nursery, including original field dig date. G. Planting schedule indicating anticipated dates and locations for each type of planting. H. Three (3) sets maintenance instructions recommending procedures to be established by Owner for maintenance of landscaping during an entire year. Submit before expiration of required maintenance periods. I. Three (3) copies of a written warranty stating all items included in the warranty, conditions of the warranty, and beginning and ending of warranty period(s). 1.03 QUALITY ASSURANCE A. Installer Qualifications: Engage an experienced Installerwho has completed landscaping work similar in material, design,and extent to that indicated for this Project and with a record of successful landscape establishment. 1. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on the Project site during times that landscaping is in progress. B. Testing Agency Qualifications: To qualify for acceptance, an independent testing agency must demonstrate to Landscape Architect's satisfaction, based on evaluation of agency-submitted criteria conforming to ASTM E 699, that it has the experience and capability to satisfactorily conduct the testing indicated without delaying the work. C. Provide quality, size, genus, species, and variety of trees and shrubs indicated, complying with applicable requirements of ANSI Z60.1 "American Standard for Nursery Stock", and all applicable state and local rules and regulations. D. Inspection: Landscape Architect may inspect plants either at place of growth or at site before planting,for compliance with requirements for name,variety, size, and quality. 1. The Landscape Architect reserves the right to reject at any time or place prior to final acceptance all plant materials which, in the Landscape Architect's opinion,fail to meet specifications. Inspection of materials is primarily for quality, size, and variety, but other requirements are not waived even though visual inspection results in approval. Plants may be inspected where available; however, inspection at the places of supply shall not preclude the right of rejection at the site or at a later time prior to final acceptance. Rejected material shall be removed from the site within 24 hours. 2. The Contractor shall schedule inspection of the plants, at either the supplier or on site, to be completed in one visit. Any further inspection required due to plants being unavailable or rejected as not meeting specifications shall be charged to the Contractor at the current hourly rate for Landscape Architect's personnel performing the 02930—Page 2 of 12 N:\0417\063\Design Docs\Specs-Phase 3Short-Durston\Land sea ping-DHM\02930_Plants.doc 8/25/2017 SECTION 02930 DIVISION 2 — SITEWORK PLANTING inspection. E. Soil and Compost Analysis:The Contractor shall furnish a soil analysis made by a qualified independent soil-testing agency stating percentages of organic matter, inorganic matter(silt, clay, and sand), deleterious material, pH, and mineral and plant-nutrient content of topsoil. 1. The Contractor shall perform soil test 30 days prior to mobilizing for landscape construction. 2. Soil testing shall be provided by a qualified testing facility. Soil shall be tested for soluble salts and nutrient levels. Testing facility shall provide interpretation of results and recommendations for soil amendments for each type of planting. 3. Deficient nutrients shall be corrected with the addition of appropriate fertilizer and amendment materials F. Measurements: Measure trees and shrubs according to ANSI Z60.1 with branches and trunks or canes in their normal position. Do not prune to obtain required sizes. Take caliper measurements 6-inches(150 mm)above ground for trees up to 4-inch (100-mm)caliper size,and 12-inches(300 mm) above ground for larger sizes. Measure main body of tree or shrub for height and spread; do not measure branches or roots tip-to-tip. G. Pre-installation Conference: Contractor shall attend pre-installation conference at locations specified by Owner's Representative. H. Ordinances and Regulations: Local, municipal and state laws and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications, and their provisions shall not be construed to conflict with any of the aforementioned rules and regulations and requirements of the same. However,when these specifications and drawings call for or describe materials, workmanship or construction of a higher quality, higher standard or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. 1.04 DELIVERY, STORAGE, AND HANDLING A. Packaged Materials: Deliver packaged materials in containers showing weight, analysis and name of manufacturer. Protect materials from deterioration during delivery and while stored at site. The Landscape Architect reserves the right to inspect containers before or after installation to verify compliance with Specifications. B. Trees: Deliver nursery stocked or freshly dug trees. Do not prune before delivery, except as approved by Landscape Architect. Protect bark, branches, and root systems from sun scald, drying, sweating,whipping, and other handling and tying damage. Do not bend or bind-tie trees or shrubs in such a manner as to destroy natural shape. Provide protective covering during delivery. Plant materials delivered without protective covering may be 02930—Page 3 of 12 NA0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02930 Plants.doc 8/25/2017 SECTION 02930 DIVISION 2 — SITEWORK PLANTING rejected. Do not drop trees during delivery. Label at least one tree of each variety per delivery with a securely attached waterproof tag bearing a legible plant name. Remove all tags and flagging as directed by Landscape Architect. C. Handle balled and burlapped stock by the root ball. D. Deliver trees after preparations for planting have been completed and install immediately. If planting is delayed more than 6 hours after delivery, set planting materials in shade, protect from weather and mechanical damage, and keep roots moist. 1. Set balled stock on ground and cover ball with soil, peat moss, sawdust, or other acceptable material. 2. Do not remove container-grown stock from containers before time of planting. 3. Water root systems of trees and shrubs stored on site with a fine-mist spray. Water as often as necessary to maintain root systems in a moist condition. 1.05 PROJECT CONDITIONS A. Utilities: Determine location of above grade and underground utilities and perform work in a manner which will avoid damage. Hand excavate, as required. Maintain grade stakes until removal is mutually agreed upon by parties concerned. Contractor shall be responsible for utility locating, repair of utilities damaged by Contractor, and establishment of grade controls. B. Excavation: When conditions detrimental to plant growth are encountered, such as rubble fill, adverse drainage conditions, or obstructions, notify Landscape Architect before planting. C. Protection: Erect and maintain barricades, warning signs and lights, and provide guards as necessary or required to protect all persons on the site. 1.06 COORDINATION AND SCHEDULING A. Coordinate installation of planting materials during normal planting seasons for each type of plant material required. B. Plant trees and shrubs after final grades have been accepted unless authorized by Owner's Representative. 1.07 WARRANTY A. General Warranty: The special warranty specified in this Article shall not deprive the Owner of other rights the Owner may have under other provisions of the Contract Documents and shall be in addition to, and run concurrent with, other warranties made by the Contractor under requirements of the Contract Documents. 02930—Page 4 of 12 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02930_Plants.doc 8/25/2017 SECTION 02930 DIVISION 2 — SITEWORK PLANTING B. Special Warranty: Warrant the following living planting materials for a period of one (1) year after date of Final Acceptance, against defects including death and unsatisfactory growth, except for defects resulting from lack of adequate maintenance, neglect, or abuse by Owner, abnormal weather conditions unusual for warranty period, or incidents that are beyond Contractor's control. 1. Trees. C. Replace planting materials that are excessively pruned, more than 25 percent dead, or in an unhealthy or declining condition immediately upon notice from the Owner's Representative. D. All plants shall be true to name and meet all conditions of these specifications. Any plant which is not true to name as indicated by form, leaf, flower, or fruiting characteristics shall be replaced at the Contractor's expense. E. Inadequate or improper maintenance by the Owner shall not be cause for replacement, provided the Contractor shall have submitted a letter or report to the Owner on improper or inadequate maintenance practices and recommended remedial actions. F. The warranty shall not be enforced should any plant die due to vandalism after final acceptance. 1.08 TREE MAINTENANCE A. Maintain trees by pruning, cultivating, watering, winter watering, weeding, fertilizing, restoring planting saucers, tightening and repairing stakes and guy supports, and resetting to proper grades or vertical position, as required to establish healthy, viable plantings. Spray as required, when approved by owner, to keep trees free of insects and disease. Restore or replace damaged tree wrappings. Maintain trees for the following period: 1. Maintenance Period: 3 months following Final Acceptance. PART 2 PRODUCTS 2.01 PLANT MATERIALS A. General: Furnish nursery-grown trees and shrubs conforming to ANSI Z60.1, with healthy root systems developed by transplanting or root pruning. Provide well-shaped,fully-branched, healthy,vigorous stock free of weeds, disease, insects, eggs, larvae, girdling, and defects such as sun scald, injuries, abrasions, and disfigurement. B. Grade: Provide trees and shrubs of sizes and grades conforming to ANSI Z60.1 for type of trees and shrubs required. Trees and shrubs of a larger size may be used if acceptable to Landscape Architect with a proportionate increase in size of root balls. 02930—Page 5 of 12 N:\0 M063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02930 Plants.doc 8/25/2017 SECTION 02930 DIVISION 2 — SITEWORK PLANTING C. Label each individually delivered plant with securely attached waterproof tag bearing legible designation of botanical and common name. D. For deliveries of groupings of multiple plants of the same species, label at least 1 plant each variety and caliper with a securely attached waterproof tag bearing legible designation of botanical and common name. Stage these plants grouped by species for verification of delivery and plant inspection. E. All plants delivered in reused containers bearing the incorrect species labeled shall be labeled according to 2.1 C, this section. F. All plants shall be the species designated on the Drawings. No substitutions will be accepted without the prior written approval of the Landscape Architect. Contractor must provide proof of non-availability. 2.02 TREES A. Shade Trees: Single-stem trees with straight trunk, well-balanced crown, and intact leader, of height and caliper indicated, conforming to ANSI Z60.1 for type of trees required. 1. Branching Height: 1/3 to '/2 of tree height. B. Small Trees: Small upright or spreading type, branched or pruned naturally according to species and type, and with relationship of caliper, height, and branching recommended by ANSI Z60.1, and stem form as designated on Drawings. C. Evergreen Trees: Specimen XXX quality, well-balanced, coniferous evergreens, of type, height, spread, and shape required, conforming to ANSI Z60.1. D. Provide balled and burlapped trees. 1. Container-grown trees will be acceptable in lieu of balled and burlapped trees subject to meeting ANSI Z60.1 limitations for container stock. E. All deciduous trees of one species used in formal rows or groupings shall exhibit cultural uniformity, i.e. "matched" in height, crown width and shape, height to first branch, and trunk taper. For this reason it is required that these trees be produced by a single grower. 2.03 TOPSOIL & PLANTER MIX A. Topsoil in Tree Pits and Soil Cell System: ASTM D 5268, pH range of 5.5 to 7.0, 4 percent organic material minimum, free of stones 1-inch or larger in any dimension, refuse, plants or their roots, sticks, noxious weed seeds, salts, sterilants, or other material which would be detrimental to plant growth. Topsoil shall have salts of less than 2 mmhos/cm and a sodium absorption ratio of less than 12. Topsoil shall be sandy loam texture. 02930—Page 6 of 12 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02930_Plants.doc 8/25/2017 SECTION 02930 DIVISION 2 — SITEWORK PLANTING Topsoil shall include an amendment of compost at a ratio of 1 part compost to 2 parts topsoil. 1. Topsoil Source: Source material within 40 mile radius of site. Verify suitability of surface soil to produce topsoil meeting requirements and amend when necessary. Clean topsoil of roots, plants, sods, stones, clay lumps, and other extraneous materials harmful to plant growth. 2. Compost Source: Regional landfill or appropriately processed livestock compost. B. Planter Mix: Planter mix shall consist of loamy sand texture, plus an amendment of compost at a ratio of 1 part compost to 3 parts topsoil. 1. Compost Source: Regional landfill or appropriately processed livestock compost. 2.04 FERTILIZER A. Biosol Mix: As supplied by Rocky Mountain Bio-Products, Denver, Colorado, 303-696-8964 or an approved equal. B. MycoApply Endo: As supplied by Rocky Mountain Bio-Products, Denver, Colorado, 303-696-8964 or an approved equal. 2.05 MULCHES A. Organic Mulch: Organic mulch, free from deleterious materials and suitable as a top dressing of trees and shrubs, consisting of one of the following: 1. Fir Fiber Mulch, locally sourced. 2. Mulch sample shall be submitted to Landscape Architect prior to ordering or installing. 2.06 ROOT BARRIER A. Root Barrier shall be installed as shown on drawings along pedestrian concrete walkway edge and street back of curb edge. Root barrier shall be placed per plans. 1. Manufacturers: Provide product by the following: 2. Deep Root Green Infrastructure of San Francisco, CA 3. Basis of Design Product: Provide root barrier by the following: 4. Deep Root Green Infrastructure of San Francisco, CA 2.07 MISCELLANEOUS MATERIALS A. Antidesiccant: Water-insoluble emulsion, permeable moisture retarder,film forming, for trees and shrubs. Deliver in original, sealed, and fully labeled containers and mix according to manufacturer's instructions. 02930—Page 7 of 12 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02930 Plants.doc 8/25/2017 SECTION 02930 DIVISION 2 — SITEWORK PLANTING B. Trunk-Wrap Tape: Two layers of crinkled paper cemented together with bituminous material, 4-inches(102-mm)wide minimum,with stretch factor of 33 percent. C. Herbicides and Pesticides: EPA registered and approved, of type recommended by manufacturer. City of Aspen Regulations may be more restrictive than state or federal requirements; the most restrictive requirements apply. PART 3 EXECUTION 3.01 EXAMINATION A. Examine areas to receive landscaping for compliance with requirements and for conditions affecting performance of work of this Section. Do not proceed with installation until unsatisfactory conditions have been corrected. B. Cooperate with any other Contractors and trades which may be working in and adjacent to the landscape work areas. Examine drawings which show the development of the entire site and become familiar with the scope of all work required. 3.02 FINISH AND FINE GRADING A. Tillable Soil: Mechanically rip or disk subsoil in all areas to be planted to a minimum depth of 6-inches prior to placing top soil and soil amendments. B. Positive Surface Drainage: Finish and fine grade the project area to establish an even and well matched gradient over the entire surface. Provide positive surface drainage,with no depressions, settling, or irregularities in the finished grade. C. Transitional Areas: At any transitional point or line where one plane intersects another, such as from a sloping area or berm to a level area, a smooth and gentle transition shall be made. There shall be no abrupt changes in grade unless specifically noted otherwise. Match the grades of new work with existing areas outside the project area. 3.03 PREPARATION A. Lay out individual tree locations and areas for multiple plantings. Stake locations, outline areas, and secure Landscape Architect's acceptance before the start of planting work. Make adjustments as directed. 3.04 SOIL PREPARATION 02930—Page 8 of 12 NA041 7\06 3\De sign Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02930_Plants.doc 8/25/2017 SECTION 02930 DIVISION 2 — SITEWORK PLANTING A. Clean topsoil of roots, plants, sod, stones, lumps, and other material harmful to plant growth and the appearance of a smooth finish grade. B. Limit preparation to areas which will be planted in the immediate future and to areas where main and lateral irrigation lines have been installed. C. Spread topsoil evenly over entire project area to be planted or seeded. D. Spread amendments and fertilizers at rates indicated: 1. Compost: blend 1 part compost with 3 parts topsoil, to a depth of 12" in all bed zones, full depth in all tree pits, and full depth in Soil Cell units. 2. Apply Biosol Mix and MycroApply Endo via broadcast method according to manufacturer's recommendations. Application rates are based on topsoil with adequate fertility. Application rates will need to be increased if soil fertility is poor. Additionally, if indicated by soil nutrient analysis, compost may be tilled into topsoil or blended into stockpiles identified for shrub, perennial, and ground cover beds. 3.05 EXCAVATION FOR TREES A. Planting Pits: Excavate with vertical sides and with bottom of excavation slightly raised at center to assist drainage. Roughen sides of planting pit. 1. Balled and Burlapped Trees and Shrubs: Excavate approximately 3 times as wide as ball diameter. The depth of the plant pit shall be 2- inches less than the depth of the ball (to the crown of the root flare) in well drained soils and 4-inches less than the ball depth in poorly drained soils. 2. Container-Grown Trees and Shrubs: Excavate approximately 3 times as wide as ball diameter. The depth of all plant pits shall be 1-inch less than depth of ball. 3. Where drain tile is shown or required under planted areas, excavate to top of porous backfill over tile. B. Obstructions: Notify Landscape Architect if unexpected rock or obstructions detrimental to trees or shrubs are encountered in excavation. C. Drainage: Notify Owner's Representative if subsoil conditions evidence water seepage or retention in tree or shrub pits. 1. Fill the pit with water and allow it to completely drain before planting occurs. 2. If water does not drain out of pit within 24 hours, notify Owner's representative. 3. For tree installations to be completed in the spring, dig test pits prior to receiving delivery of plant material. If perched water is encountered, planting schedule may be modified in coordination with Owner's Representative and Landscape Architect. 3.06 PLANTING TREES 02930—Page 9 of 12 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02930 Plants.doc 8/25/2017 SECTION 02930 DIVISION 2 — SITEWORK PLANTING A. Set balled and burlapped stock plumb and in center of pit with top of ball raised above adjacent finish grades as indicated on planting details. 1. Remove burlap and wire baskets from tops of balls and partially from sides, but do not remove from under balls. Remove pallets, if any, before setting. Do not use planting stock if ball is cracked or broken before or during planting operation. 2. Place backfill around ball in layers, tamping to settle backfill and eliminate voids and air pockets. When pit is approximately '/2 backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more is absorbed. Water again after placing and tamping final layer of backfill. B. Set container-grown stock plumb and in center of pit or trench with top of ball raised above adjacent finish grades as indicated. 1. Carefully remove containers so as not to damage root balls. 2. Place backfill around ball in layers, tamping to settle backfill and eliminate voids and air pockets. When pit is approximately '/2 backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more is absorbed. Water again after placing and tamping final layer of backfill. C. Dish and tamp top of backfill to form a 3-inch-high mound around the rim of the pit. Do not cover top of root ball with backfill. D. Wrap trees with trunk-wrap tape. Start at base of trunk and spiral cover trunk to height of first branches. Overlap wrap, exposing half the width, and securely attach without causing girdling. Inspect tree trunks for injury, improper pruning, and insect infestation and take corrective measures required before wrapping. 1. No tree shall be wrapped after May 21 nor before November 1. 2. All single stem, deciduous trees species shall be wrapped by November 15. Remove tree wrap by May 15. 3. Contractor shall be responsible for wrapping and unwrapping trees during the warranty period. 3.07 TREE PRUNING A. Prune, thin, remove injured or dead branches, and shape trees and shrubs only as directed by Landscape Architect. 3.08 MULCHING A. Mulch backfilled surfaces of pits, planted areas, non-irrigated zones, and other areas indicated. B. Pre-Emergent Herbicide: Do not apply a pre-emergent herbicide unless approved in writing by Owner's Representative. C. Mulch tree areas with 2-inch depth specified organic mulch. 02930—Page 10 of 12 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02930_Plants.doc 8/25/2017 SECTION 02930 DIVISION 2 — SITEWORK PLANTING 3.09 INSTALLATION OF MISCELLANEOUS MATERIALS A. Apply antidesiccant using power spray to provide an adequate film over trunks, branches, stems, twigs, and foliage. 1. When deciduous trees or shrubs are moved in full-leaf, spray with antidesiccant at nursery before moving and again 2 weeks after planting. 2. Do not apply antidessicant to plant material on site unless recommended by landscape contractor and approved in writing by Owner's Rep. B. Root Barrier: Install per manufacturer's recommendations and according to the drawings. 3.10 MAINTENANCE A. Maintain plantings by pruning, cultivating, watering, weeding, fertilizing, mulching, restoring planting saucers, resetting to proper grades or vertical position, and performing other operations as required to establish healthy, viable plantings. B. Fill in, as necessary, soil subsidence that may occur because of settling or other processes. Replace mulch materials damaged or lost in areas of subsidence. C. Apply treatments as required to keep plant materials, planted areas, and soils free of pests and pathogens or disease. Use integrated pest management practices when possible to minimize use of pesticides and reduce hazards. Treatments include physical controls such as hosing off foliage, mechanical controls such as traps, and biological control agents. D. Apply pesticides and other chemical products and biological control agents according to authorities having jurisdiction and manufacturer's written recommendations. Coordinate applications with Owner's operations and others in proximity to the Work. Notify Owner before each application is performed. E. Protect plants from damage due to landscape operations and operations of other contractors and trades. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged plantings. F. At time of Substantial Completion, verify that tree-watering devices are in good working order and leave them in place. Replace improperly functioning devices. 3.11 CLEANUP AND PROTECTION A. During landscaping, keep pavements clean and work area in an orderly condition. B. Protect landscaping from damage due to landscape operations, operations 02930—Page 11 of 12 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02930 Plants.doc 8/25/2017 SECTION 02930 DIVISION 2 — SITEWORK PLANTING by other contractors and trades, and trespassers. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged landscape work as directed. C. At the time of the final inspection of the work, clean all paved areas by sweeping and washing. Remove construction equipment, excess materials, debris or rubbish from the site. 3.12 DISPOSAL OF SURPLUS AND WASTE MATERIALS Disposal: Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of it off the Owner's property. END OF SECTION 02930 02930—Page 12 of 12 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durslon\Landscaping-DHM\02930_Plants.doc 8/25/2017 SECTION 02940 DIVISION 2 — SITEWORK PERMEABLE CONCRETE PAVER MATERIALS PART1 GENERAL 1.01 SECTION INCLUDES A. Permeable Concrete Pavers B. Permeable Joint Opening Aggregate C. Permeable Joint Aggregate Type 1 D. Permeable Joint Aggregate Type 2 E. Permeable Setting Bed Aggregate (Open-graded) F. Permeable Base Aggregate (Open-graded) G. Permeable Subbase Aggregate (Open-graded) 1.02 REFERENCES NOTE: Design street, industrial, port and airport pavement thicknesses in consultation with a qualified civil engineer, in accordance with established flexible pavement design procedures, LOCKPAVE° software, and in accordance with Interlocking Concrete Pavement Institute Technical Bulletins. Sample construction detail drawings are available from Unilock°. This specification may require modifications. A. ASTM International, latest edition: 1. C 29 Bulk Density and Voids in Aggregate Materials. 2. C 33, Standard Specification for Concrete Aggregates. 3. C 67, Standard Test Methods for Sampling and Testing Brick and Structural Clay Tile, Section 8, Freezing and Thawing. 4. C 136, Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates. 5. C 140, Standard Test Methods for Sampling and Testing Concrete Masonry Units and Related Units. 6. C 144 Standard Specifications for Aggregate for Masonry Mortar. 7. D 448, Standard Classification for Sizes of Aggregate for Road and Bridge Construction. 8. C 936, Standard Specification for Solid Concrete Interlocking Paving Units. 9. C 979, Standard Specification for Pigments for Integrally Colored Concrete. 10. D 698 Test Methods for Moisture Density Relations of Soil and Soil Aggregate Mixtures Using a 5.5 lb (24.4 N) Rammer and 12 in. (305 mm) drop. 11. D 1557 Test Methods for Moisture Density Relations of Soil and Soil Aggregate Mixtures Using a 10-lb (44.5 N) Rammer and 18 in. (457 02940—Page 1 of 14 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02940 Permeable Pavers.doc 8/25/2017 SECTION 02940 DIVISION 2 — SITEWORK PERMEABLE CONCRETE PAVER MATERIALS mm) drop. 12. C1645 Standard Test Method for Freeze-thaw and De-icing Salt Durability of Solid Concrete Interlocking Paving Units 13. D 1883, Test Method for California Bearing Ratio of Laboratory- Compacted Soils. 14. D 2940 Graded Aggregate Material for Bases or Subbases for Highways or Airports. 15. D 4254, Standard Test Methods for Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density. 16. D 5261, Standard Test Method for Measuring Mass per Unit Area of Geotextiles 17. D 4632, Standard Test Method for Grab Breaking Load and Elongation of Geotextiles 18. D 4533, Standard Test Method for Index Trapezoidal Tearing Strength of Geotextiles 19. D 4833, Standard Test Method for Index Puncture Resistance of Geotextiles, Geomembranes and Related Products 20. D 4491, Standard Test Method for Water Permeability of Geotextiles by Permittivity 21. D 4751, Standard Test Method for Determining Apparent Opening Size of a Geotextile 22. D 4354, Standard Practice for Sampling of Geosynthetics for Testing 23. D 4759, Standard Practice for Determining the Specifications Conformance of Geosynthetics 1.03 SUBMITTALS A. Permeable Concrete Pavers: 1. Samples for verification: Contractor shall submit a 6'-0"x 10'-0" mock up of each Paver Layout color option (1-3) for verification of layout and color pattern. Contractor shall coordinate with Landscape Architect on this submittal prior to beginning project. 2. Accepted samples become the standard of acceptance for the product produced. 3. Test results from an independent testing laboratory for compliance of concrete pavers with ASTM C 936. 4. Manufacturer's catalog product data, installation instructions, and material safety data sheets for the safe handling of the specified materials and products. B. Permeable Joint Opening Aggregate: 1. Provide three representative one pound samples in containers of aggregate materials that indicate the range of color variation and texture expected upon project completion. 02940—Page 2 of 14 NA0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02940_Permeable Pavers.doc 8/25/2017 SECTION 02940 DIVISION 2 — SITEWORK PERMEABLE CONCRETE PAVER MATERIALS 2. Accepted samples become the standard of acceptance for the product produced. 3. Test results from an independent testing laboratory for sieve analysis, including washed gradations per ASTM C 136. 4. Test results for void space percentage per ASTM C 29. C. Permeable Setting Bed, Base and Subbase Aggregate: 1. Test results from an independent testing laboratory for compliance with ASTM D 448 No. 8, No. 57 and No. 2. 2. Test results from an independent testing laboratory for sieve analysis, including washed gradations per ASTM C 136. 3. Test results for void space percentage per ASTM C 29. D. Paving Installation Contractor: 1. Job references from a minimum of three projects similar in size and complexity. Provide Owner/Client/General Contractor names, postal address, phone, fax, and email address. 1.04 QUALITY ASSURANCE A. Utilize a Manufacturer having at least ten years of experience manufacturing interlocking concrete pavers on projects of similar nature or project size. B. Source Limitations: 1. Obtain Permeable Concrete Pavers from one source location with the resources to provide products of consistent quality in appearance and physical properties. 2. Obtain Permeable Joint Opening Aggregate from one source with the resources to provide materials and products of consistent quality in appearance and physical properties. C. Paving Contractor Qualifications: 1. Utilize an installer having successfully completed concrete paver installation similar in design, material, and extent indicated on this project. D. Mockups: 1. Install a 6'-0" x 10'-0" mock up for approval by Landscape Architect prior to project start. 2. Use this area to determine joint sizes, lines, laying pattern(s) and levelness. This area will serve as the standard by which the workmanship will be judged. 3. Subject to acceptance by owner, mock-up may be retained as part of finished work. 4. If mock-up is not retained, haul offsite and dispose legally. 02940—Page 3 of 14 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02940 Permeable Pavers.doc 8/25/2017 SECTION 02940 DIVISION 2 — SITEWORK PERMEABLE CONCRETE PAVER MATERIALS 1.05 DELIVERY, STORAGE, AND HANDLING A. Deliver Permeable Concrete Pavers in manufacturer's original, unopened and undamaged container packaging with identification labels intact. 1. Coordinate delivery and paving schedule to minimize interference with normal use of streets and sidewalks adjacent to paver installation. 2. Deliver concrete pavers to the site in steel banded, plastic banded or plastic wrapped packaging capable of transfer by forklift or clamp lift. 3. Unload pavers at job site in such a manner that no damage occurs to the product or adjacent surfaces. B. Store and protect materials free from mud, dirt and other foreign materials. 1.06 PROJECT CONDITIONS A. Environmental Requirements: 1. Install permeable pavers only on unfrozen permeable setting bed aggregate materials. 2. Install permeable setting bed only on unfrozen permeable base and subbase aggregates. 3. Install permeable base or subbase aggregates only over unfrozen subgrade. 1.07 PERMEABLE CONCRETE PAVER OVERAGE AND ATTICK STOCK A. Provide a minimum of 5% additional material for overage to be used during construction. B. Furnish 100 square feet of each product and size used to owner for maintenance and repair. Furnish Permeable Concrete Pavers from the same production run as installed materials. C. Manufacture to supply maintenance and reinstatement manuals for Permeable Concrete Paver units. PART PRODUCTS 2.01 PERMEABLE CONCRETE PAVERS A. Basis-of-Design Product: The permeable concrete paver shapes are based on: 1. Unilock: (Select product or products being used) a. Eco-Line 2. As manufactured by: 02940—Page 4 of 14 NA0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02940_Permeable Pavers.doc 8/25/2017 SECTION 02940 DIVISION 2 — SITEWORK PERMEABLE CONCRETE PAVER MATERIALS Unilock Chicago, Inc. Contact: Brian Murray (630) 892-9191 ext. 274 3. The specified products establish minimum requirements that substitutions must meet to be considered acceptable. a. To obtain acceptance of unspecified products, submit written requests at least 7 days before the Bid Date. 4. Substitutions: No substitutions permitted. B. Product requirements: 1. Permeable Paver Type 1: Unilock Eco-Line Permeable Paver series a. Color: Ice Gray, Black Granite, Crystal Rose, Sierra 1. NOTE: Refer to drawings for layout and color distribution. b. Finish: Exposed Granite (Series 3000) — this is a face mix finish. C. Edge: Chamfer- 3 mm bevel d. Size: Manufacture the sizes indicated with a maximum tolerance of plus or minus 1/16 in all directions. 1. L-shape Note: Imperial dimensions are nominal equivalents to the metric dimensions. C. Provide pavers meeting the minimum material and physical properties set forth in ASTM C 936, Standard Specification for Interlocking Concrete Paving Units. Efflorescence is not a cause for rejection. 1. Average compressive strength 8000 psi (55MPa) with no individual unit under 7,200 psi (50 MPa). 2. Average absorption of 5% with no unit greater than 7% when tested according to ASTM C 140. 3. Resistance to 50 freeze-thaw cycles,when tested according to ASTM C1645, with no breakage greater than 1.0% loss in dry weight of any individual unit. Conduct this test method not more than 12 months prior to delivery of units. Note: Efflorescence is a whitish powder-like deposit that sometimes appears on concrete products. Calcium hydroxide and other water-soluble materials form or are present during the hydration of Portland cement. Pore water becomes saturated with these materials, and diffuses to the surface of the concrete. When this water evaporates, the soluble materials remain as a whitish deposit on the concrete surface. The calcium hydroxide is converted to calcium carbonate during a reaction with carbon dioxide from the atmosphere. The calcium carbonate is difficult to remove with water. However, the efflorescence will wear off with time, and it is advisable to wait a few months before attempting to remove any efflorescence. Commercially available cleaners can be used, provided directions are carefully followed. Some cleaners contain acids that may alter the color of the pavers. 02940—Page 5 of 14 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02940 Permeable Pavers.doc 8/25/2017 SECTION 02940 DIVISION 2 — SITEWORK PERMEABLE CONCRETE PAVER MATERIALS D. Accept only pigments in concrete pavers conforming to ASTM C 979. Note: ACI Report No. 212.3R provides guidance on the use of pigments. E. Maximum allowable breakage of product is 5%. 1. As manufactured by ESSROC Italcementi Group. a. Unilock Chicago is an authorized producer of TX Active products. 2.02 PERMEABLE JOINT OPENING AGGREGATE A. Provide Permeable Joint Opening Aggregate materials conforming to ASTM C 33 and gradation requirements of ASTM D 448 No. 8 as shown in Table 1. Unilock recommends using granite chips listed in table 2 below for vehicular areas with heavy traffic loads such as roadways or drive-through areas. TABLE 1 -ECO-OPTILOC PERMEABLE JOINT OPENING AGGREGATE GRADATION REQUIREMENTS CRUSHED LIMESTONE ASTM No. 8 Sieve Size Percent Passing 1/2 in (12.5 mm) 100 3/8 in (9.5 mm) 85 to 100 No. 4(4.75 mm) 10 to 30 No. 8(2.36 mm) 0 to 10 No. 16(1.18 mm) 0 to 5 B. Provide Permeable Joint Opening Aggregate materials conforming to ASTM C 33 and gradation requirements as presented in Table 2. 1. Supplier: a. Contractor shall submit sample product, color, supplier information and product information to Landscape Architect prior to ordering or installing product. TABLE 2- ECO-PRIORA&TOWN HALL PERMEABLE JOINT OPENING AGGREGATE GRADATION REQUIREMENTS GRANITE CHIPS 1/8 to 3/16 inch granite chips 02940—Page 6 of 14 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02940_Permeable Pavers.doc 8/2 512 0 1 7 SECTION 02940 DIVISION 2 — SITEWORK PERMEABLE CONCRETE PAVER MATERIALS Sieve Size Percent Passing 1/4 in (6 mm) 97 to 100 No. 4(4.75 mm) 70 to 83 No. 8 (2.36 mm) 37 to 50 No. 16(1.18 mm) 0 to 12 pan 2.03 PERMEABLE SETTING BED AGGREGATE A. Provide Permeable Setting Bed Aggregate materials conforming to ASTM C 33 and gradation requirements of ASTM D 448 No. 8 as presented in Table 3. TABLE 3 PERMEABLE SETTING BED AGGREGATE GRADATION REQUIREMENTS ASTM No. 8 Sieve Size Percent Passing '/2 in (12.5 mm) 100 3/8 in (9.5 mm) 85 to 100 No. 4 (4.75 mm) 10 to 30 No. 8(2.36 mm) 0 to 10 No. 16(1.18 mm) 0to5 2.04 PERMEABLE BASE AGGREGATE A. Provide Permeable Base Aggregate materials conforming to ASTM C 33 and gradation requirements of ASTM D 448 No. 57 as presented in Table 4. TABLE 4 PERMEABLE BASE AGGREGATE GRADATION REQUIREMENTS ASTM No. 57 Sieve Size Percent Passing 1-1/2 in (37.5 mm) 100 1 in (25 mm) 95 to 100 1/2 in (12.5 mm) 25 to 60 No. 4(4.75 mm) 0 to 10 No. 8(2.36 mm) 0 to 5 2.05 PERMEABLE SUBBASE AGGREGATE 02940—Page 7 of 14 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02940 Permeable Pavers.doc 8/25/2017 SECTION 02940 DIVISION 2 — SITEWORK PERMEABLE CONCRETE PAVER MATERIALS A. Provide Permeable Subbase Aggregate materials conforming to ASTM C 33 and gradation requirements of ASTM D 448 No. 2 as presented in Table 5. TABLE 5 PERMEABLE SUBBASE AGGREGATE GRADATION REQUIREMENTS ASTM No. 2 Sieve Size Percent Passing 3 in (75 mm) 100 2-1/2 in (63 mm) 90 to 100 2 in (50 mm) 35 to 70 1-1/2 in(37.5 mm) 0 to 15 3/4 (19mm) 0to5 Note: For all aggregates, provide washed, clean, have zero plasticity, free from deleterious or foreign matter, crushed, angular rock and contain no No. 200 sieve size aggregate materials used in the construction of permeable pavement. Aggregate materials serve as the structural load bearing platform of the pavement as well as a temporary receptor for the infiltrated water that is collected through the openings in the pavement's surface. 2.06 EDGE RESTRAINTS A. Concrete Edge Restraint as indicated. B. Plastic and Metal Edge Restraints: 1. Permaloc, www.permaloc.com a. Material Type: Steel b. Model No.: 1/8" x 4"Permastrip Metal Edging PART 3 EXECUTION 3.01 EXAMINATION A. Examine areas indicated to receive paving for compliance with requirements for installation tolerances and other conditions affecting performance for the following items before placing the Permeable Concrete Pavers. 1. Verify that subgrade preparation, compacted density and elevations conform to specified requirements. 2. Verify that Geotextiles, if applicable, have been placed according to drawings and specifications. 02940—Page 8 of 14 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02940_Permeable Pavers.doc 8/25/2017 SECTION 02940 DIVISION 2 — SITEWORK PERMEABLE CONCRETE PAVER MATERIALS 3. Verify that Permeable Base and Subbase Aggregate materials, thickness, compacted density, surface tolerances and elevations conform to specified requirements. 4. Provide written density test results for soil subgrade, Permeable Base and Subbase Aggregate materials to the Owner, General Contractor and paver installation subcontractor. 5. Verify location, type, and elevations of edge restraints, concrete collars around utility structures, and drainage inlets. B. Proceed with installation only after unsatisfactory conditions have been corrected. 1. Beginning of bedding sand and paver installation signifies acceptance of base and edge restraints. 3.02 PREPARATION A. Refer to plans and specifications for details of pavers on soil cells. B. Verify that the subgrade soil is free from standing water. C. Stockpile Permeable Setting Bed, Joint, Base and Subbase Aggregate materials such that they are free from standing water, uniformly graded, free of any organic material or sediment, debris, and ready for placement. D. Remove any excess thickness of soil applied over the excavated soil subgrade to trap sediment from adjacent construction activities before placing the Geotextile and Permeable Subbase Aggregate materials. E. Keep area where pavement is to be constructed free from sediment during entire job. Remove and replace all Geotextile, Permeable Joint, Setting Bed, Base and Subbase Aggregate materials contaminated with sediment with clean materials. F. Complete all subdrainage of underground services within the pavement area in conjunction with subgrade preparation and before the commencement of Permeable Subbase Aggregate construction. G. Prevent damage to underdrain pipes, overflow pipes, observation wells, or inlets and other drainage appurtenances during installation. Report all damage immediately. H. Compact soil subgrade uniformly to at least 90 percent of Standard Proctor Density per ASTM D 698 for pedestrian areas. Compact soil subgrade uniformly to at least 95percent Modified Proctor per ASTM D 1557 for vehicular areas. I. Proof-roll prepared subgrade according to requirements in Division 31 Section "Earth Moving" to identify soft pockets and areas of excess yielding. Excavate soft spots, unsatisfactory soils, and areas of excessive pumping or rutting and replace with compacted backfill or fill as directed. Note: Base compaction and proof-rolling of the subgrade soil on the 02940—Page 9 of 14 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durslon\Landscaping-DHM\02940 Permeable Pavers.doc 8/25/2017 SECTION 02940 DIVISION 2 — SITEWORK PERMEABLE CONCRETE PAVER MATERIALS recommendations of the Design Engineer. Request the Architect/Engineer to inspect subgrade preparations, elevations and conduct density tests for conformance to specifications. Note: Mechanical tampers (jumping jacks) are recommended for compaction of soil subgrade and aggregate base around lamp standards, utility structures, building edges, curbs, tree wells and other protrusions. Compact areas, not accessible to roller compaction equipment, to the specified density with mechanical tampers. CAUTION — Proceed with care around the perimeters of excavations, buildings, curbs, etc. These areas are especially prone to consolidation and settlement. Do not place wedges of backfill in these areas. If possible particularly in these areas, proceed with backfilling and compacting in shallow lifts, parallel to the finished surface. 3.03 INSTALLATION A. EDGE RESTRAINTS 1. Provide edge restraints as indicated. a. Install job-built concrete edge restraints to comply with Civil specifications. b. Provide concrete edge restraint along the perimeter of all paving as specified. Install the face of the concrete edge restraint, where it abuts pavers vertical down to the subbase. C. Construct concrete edge restraint to dimensions and level specified and support on a compacted subbase not less than 6 in (150 mm) thick. 2. Provide plastic or metal edge restraints as indicated. a. Provide plastic or metal edge restraints along the perimeter of all paving as indicated and supported on a minimum of 6 inches (150 mm) of Base Aggregate. b. Provide 10" spiral galvanized or stainless steel spike to fasten plastic edge restraint at 24 inches on center for straight sections and 12 inches on center for curved sections. B. GEOTEXTILES 1. Provide separation geotextile on bottom and sides of prepared soil subgrade. Secure in place to prevent wrinkling or folding from equipment tires and tracks. 2. Overlap ends and edges a minimum of 18 in. (450 mm) in the direction of drainage. C. PERMEABLE BASE AND SUBBASE AGGREGATE 1. Provide the Permeable Subbase Aggregate in uniform lifts not 02940—Page 10 of 14 NA0417\0630esign Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02940_Permeable Pavers.doc 8/25/2017 SECTION 02940 DIVISION 2 — SITEWORK PERMEABLE CONCRETE PAVER MATERIALS exceeding 6 in., (150 mm) loose thickness and compact to at least 95 percent as per ASTM D 4254 to depths as indicated. 2. Compact the Permeable Subbase Aggregate material with at least two passes in the vibratory mode then at least two in the static mode with a minimum 10 ton vibratory roller until there is no visible movement. Do not crush aggregate with the roller. 3. Tolerance: Do not exceed the specified surface grade of the compacted Permeable Subbase Aggregate material more than ±3/4 in. (20 mm) over a 10 ft. (3 m) long straightedge laid in any direction. 4. Provide the Permeable Base Aggregate material in uniform lifts not exceeding 6 in. (150 mm) over the compacted Permeable Subbase Aggregate material and compact to at least 95 percent as per ASTM D 4254 to depths as indicated. 5. Compact the Permeable Base Aggregate material with at least two passes in the vibratory mode then at least two in the static mode with a minimum 10 ton vibratory roller until there is no visible movement. Do not crush aggregate with the compaction device. 6. Tolerance: Do not exceed the specified surface grade of the compacted Permeable Base Aggregate material more than ±1/2 in. (13 mm) over a 10 ft. (3 m) long straightedge laid in any direction. 7. Grade and compact the upper surface of the Permeable Base Aggregate material sufficiently to prevent infiltration of the Permeable Setting Bed Aggregate material both during construction and throughout its service life. Note: In-place density of the Permeable Base and Subbase Aggregate materials may be checked per ASTM D 4254. Establish a Compacted density of 95% of the laboratory index density for the subbase and base stone. D. PERMEABLE SETTING BED AGGREGATE 1. Provide and spread Permeable Setting Bed aggregate evenly over the Permeable Base Aggregate course and screed to a nominal thickness of 1-1/2 in. (40 mm). a. Protect screeded Permeable Setting Bed Aggregate from being disturbed. b. Screed only the area which can be covered by pavers in one day. C. Do not use Permeable Setting Bed Aggregate material to fill depressions in the base surface. 2. Keep moisture content constant and density loose and constant until Concrete Pavers are set and compacted. 3. Inspect the Permeable Setting Bed Aggregate course prior to commencing the placement of the permeable concrete pavers. 02940—Page 11 of 14 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02940_Permeable Pavers.doc 8/25/2017 SECTION 02940 DIVISION 2 — SITEWORK PERMEABLE CONCRETE PAVER MATERIALS 4. Inspect the Setting Bed Aggregate course prior to commencing the placement of the Permeable Concrete Pavers. Acceptance of the Setting Bed Aggregate occurs with the initiation of Permeable Concrete Paver placement. E. PERMEABLE CONCRETE PAVERS 1. Replace unit pavers with chips, cracks, voids, discolorations, and other defects that might be visible in finished work. 2. Mix Concrete Pavers from a minimum of three (3) bundles simultaneously drawing the paver vertically rather than horizontally, as they are placed, to produce uniform blend of colors and textures. (Color variation occurs with all concrete products. This phenomenon is influenced by a variety of factors, e.g. moisture content, curing conditions, different aggregates and, most commonly, from different production runs. By installing from a minimum of three (3) bundles simultaneously, variation in color is dispersed and blended throughout the project). 3. Exercise care in handling face mix pavers to prevent surfaces from contacting backs or edges of other units. 4. Provide Permeable Concrete Pavers using joint pattern as indicated. Adjust joint pattern at pavement edges such that cutting of edge pavers is minimized. Cut all pavers exposed to vehicular tires no smaller than one-third of a whole paver. 5. Use string lines or chalk lines on Permeable Setting Bed aggregate to hold all pattern lines true. 6. Set surface elevation of pavers 1/8 in. (3 mm) above adjacent drainage inlets, concrete collars or channels. 7. Place units hand tight against spacer bars. Adjust horizontal placement of laid pavers to align straight. a. When installation is performed with mechanical equipment, use only unit pavers with spacer bars on sides of each unit. 8. Provide space between paver units of 1/32 in. (1 mm) wide to achieve straight bond lines. 9. Prevent joint (bond) lines from shifting more than ±1/2 in. (±15 mm) over 50 ft. (15 m) from string lines. 10. Fill gaps between units or at edges of the paved area that exceed 3/8 inch (10 mm)with pieces cut to fit from full-size unit pavers. 11. Cut unit pavers with motor-driven masonry saw equipment to provide clean, sharp, unchipped edges. Cut units to provide pattern indicated and to fit adjoining work neatly. Use full units without cutting where possible. Hammer cutting is not acceptable. 12. Prevent all traffic on installed pavers until Permeable Joint Aggregate has been vibrated into joints. Keep skid steer and forklift equipment off newly laid pavers that have not received initial 02940—Page 12 of 14 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02940_Permeable Pavers.doc 8/25/2017 SECTION 02940 DIVISION 2 — SITEWORK PERMEABLE CONCRETE PAVER MATERIALS compaction and Permeable Joint Aggregate material. 13. Vibrate pavers into leveling course with a low-amplitude plate vibrator capable of a to 5000-lbf(22-kN) compaction force at 80 to 90 Hz. Perform at least three passes across paving with vibrator. Vibrate under the following conditions: a. After edge pavers are installed and there is a completed surface. b. Compact installed concrete pavers to within 6 feet (1,800 mm) of the laying face before ending each day's work. Cover pavers that have not been compacted and leveling course on which pavers have not been placed, with nonstaining plastic sheets to prevent Permeable Setting Bed Aggregate from becoming disturbed. 14. Protect face mix Concrete Paver surface from scuffing during compaction by utilizing a urethane pad. 15. Remove any cracked or structurally damaged pavers and replace with new units prior to installing Permeable Joint Opening Aggregate material. 16. Provide, spread and sweep Permeable Joint Opening Aggregate into joints immediately after vibrating pavers into Permeable Setting Bed course until full. Vibrate pavers and add Permeable Joint Aggregate material until joints are completely filled, then remove excess material. This will require at least 4 passes with a plate compactor. 17. Remove excess Permeable Joint Aggregate broom clean from surface when installation is complete. 3.04 FIELD QUALITY CONTROL A. Verify final elevations for conformance to the drawings after sweeping the surface clean. 1. Prevent final Concrete Paver finished grade elevations from deviating more than ±3/8 in. (±10 mm) under a 10 ft (3 m) straightedge or indicated slope, for finished surface of paving. B. Lippage: No greater than 1/32 in. (0.8 mm) difference in height between Permeable Concrete Pavers and adjacent paved surfaces. 3.05 REPAIRING, CLEANING AND SEALING 02940—Page 13 of 14 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02940 Permeable Pavers.doc 8/25/2017 SECTION 02940 DIVISION 2 — SITEWORK PERMEABLE CONCRETE PAVER MATERIALS A. Remove and replace unit pavers that are loose, chipped, broken, stained, or otherwise damaged or that do not match adjoining units. Provide new units to match adjoining units and install in same manner as original units, with same joint treatment and with no evidence of replacement. B. Cleaning: Remove excess dirt, debris, stains, grit, etc. from exposed paver surfaces; wash and scrub clean. 1. Clean Permeable Concrete Pavers in accordance with the manufacturer's written recommendations. C. Seal as indicated per manufacturer. 1. Apply Sealer for Permeable Concrete Pavers in accordance with the sealer and paver manufacturer's written recommendations. 3.06 PROTECTION A. Protect completed work from damage due to subsequent construction activity on the site. 3.07 PERMEABLE JOINT AGGREGATE MATERIAL REFILLING A. Remove all debris from joint and provide additional Permeable Joint Aggregate material after 120 days and before 150 days after date of Substantial Completion/Provisional Acceptance. 1. Fill Permeable Joint Aggregate material full to the lip of the paver. 3.08 LIFE CYCLE ACTIVITIES A. Paver cleaning: Clean Permeable Concrete Pavers as needed to remove staining, dirt, debris, etc. 1. Clean per manufacturers recommendations. B. Maintenance: Permeable Joint Aggregate Material. 1. Annually inspect Permeable Joint Aggregate material for areas clogged with debris. 2. Vacuum or sweep as necessary to restore surface infiltration. 3. Remove debris by vacuuming or sweeping Permeable Joint Aggregate a. Replenish removed Permeable Joint Aggregate material with clean aggregate material flush to paver lip. b. Sweep excess material from paver surface. END OF SECTION 02940 02940—Page 14 of 14 NA0417\063\Design Docs\Specs-Phase 3-Short-Durston\Landscaping-DHM\02940_Permeable Pavers.doc 8/25/2017 SECTION 260519 LOW-VOLTAGE ELECTRICAL POWER SECTION 26 — ELECTRICAL CONDUCTORS AND CABLES PART 1 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: 260519 - Page 1 of 3 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Electhcal\260519 FL-LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES.doc 8/25/17 SECTION 260519 LOW-VOLTAGE ELECTRICAL POWER SECTION 26 — ELECTRICAL CONDUCTORS AND CABLES 1. AFC Cable Systems, Inc. 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. 260519 - Page 2 of 3 N:\0417\063\Design Docs\Specs-Phase 3Short-Durston\Electrical\260519 FL-LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES.doc 8/25/17 SECTION 260519 LOW-VOLTAGE ELECTRICAL POWER SECTION 26— ELECTRICAL CONDUCTORS AND CABLES b. Use manufacturer-approved pulling compound or lubricant where necessary; compound used must not deteriorate 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\0630esign Docs\Specs-Phase 3Short-Durston\Electdcal\260519 FL-LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES.doc 8/25/17 THIS PAGE INTENTIONALLY LEFT BLANK C:\Users\cstandiford\Desktop\THIS PAGE INTENTIONALLY LEFT BLAN1.docx 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 3-Short-Durston\Electrical\260526 FL-GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS.doc 8/25/17 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. 17 AWG 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 3Short-Durston\Electdcal\260526 FL-GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS.doc 8/25/17 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 3-Short-Durston\Electrical\260526 FL-GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS.doc 8/25/17 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 3-Short-Durston\Electhcal\260526 FL-GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS.doc 8/25/17 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\063\Design Docs\Specs-Phase 3-Short-Durston\Electrical\260526 FL-GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS.doc 8/25/17 SECTION 260526 GROUNDING AND BONDING SECTION 26 — ELECTRICAL FOR ELECTRICAL SYSTEMS C. Grounding system will be considered defective if it does 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:\0417\063\Design Docs\Specs-Phase 3-Short-Durston0ecthcal\260526 FL-GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS.doc 8/25117 SECTION 260923 SECTION 26— ELECTRICAL LIGHTING CONTROL DEVICES 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. Photoelectric switches. 2. Lighting contactors. 1.03 ACTION SUBMITTALS A. Product Data: For each type of product. B. Shop Drawings: Show installation details for occupancy and light-level sensors. 1. Interconnection diagrams showing field-installed wiring. 2. Include diagrams for power, signal, and control wiring. 1.04 CLOSEOUT SUBMITTALS , A. Operation and Maintenance Data: For each type of lighting control device to include in emergency, operation, and maintenance manuals. 1.05 WARRANTY A. Provide a five year complete manufacturer's warranty on all products to be free of manufacturers' defects. 260526 - Page 1 of 4 NA0417\063\Design Docs\Specs-Phase 3Short-Durston\Electrical\260923 FL-LIGHTING CONTROL DEVICES.doc 8/25/17 SECTION 260923 SECTION 26 — ELECTRICAL LIGHTING CONTROL DEVICES PART 2 PRODUCTS 2.01 OUTDOOR PHOTOELECTRIC SWITCHES B. Basis-of-Design Product: Subject to compliance with requirements, provide product indicated on Drawings or comparable product by one of the following: 1. Intermatic, Inc. 2. NSi Industries LLC; TORK Products. C. Description: Solid state, with SPST dry contacts rated for 1800-VA tungsten or 1000-VA inductive , to operate connected relay, contactor coils, or microprocessor input; complying with UL 773A. 1. Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. 2. Light-Level Monitoring Range: 1.5 to 10 fc (16.14 to 108 lux), with an adjustment for turn-on and turn-off levels within that range, and a directional lens in front of the photocell to prevent fixed light sources from causing turn-off. 3. Time Delay: Fifteen second minimum, to prevent false operation. 4. Surge Protection: Metal-oxide varistor. 5. Mounting: Twist lock complies with NEMA C136.10, with base-and- stem mounting or stem-and-swivel mounting accessories as required to direct sensor to the north sky exposure. 2.02 LIGHTING CONTACTORS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following : 1. Allen-Bradley/Rockwell Automation. 2. ASCO Power Technologies LP; a division of Emerson Electric Co. 3. Eaton Corporation. 4. General Electric Company; GE Consumer & Industrial - Electrical Distribution; Total Lighting Control. 5. Square D; a brand of Schneider Electric. B. Description: Electrically operated and mechanically held, combination- type lighting contactors with nonfused disconnect, complying with NEMA ICS 2 and UL 508. 1. Current Rating for Switching: Listing or rating consistent with type of load served, including tungsten filament, inductive, and high- 260526 - Page 2 of 4 NA0417\0630esign Docs\Specs-Phase 3-Short-Durston\Electdcal\260923 FL-LIGHTING CONTROL DEVICES.doc 8/25/17 SECTION 260923 SECTION 26 — ELECTRICAL LIGHTING CONTROL DEVICES inrush ballast (ballast with 15 percent or less total harmonic distortion of normal load current). 2. Fault Current Withstand Rating: Equal to or exceeding the available fault current at the point of installation. 3. Enclosure: Comply with NEMA 3R. 2.03 CONDUCTORS AND CABLES A. Power Wiring to Supply Side of Remote-Control Power Sources: Not smaller than No. 12 AWG. Comply with requirements in Section 260519 "Low-Voltage Electrical Power Conductors and Cables." B. Classes 2 and 3 Control Cable: Multiconductor cable with stranded- copper conductors not smaller than No. 18 AWG. Comply with requirements in Section 260519 "Low-Voltage Electrical Power Conductors and Cables." C. Class 1 Control Cable: Multiconductor cable with stranded-copper conductors not smaller thanNo. 14 AWG. Comply with requirements in Section 260519 "Low-Voltage Electrical Power Conductors and Cables." PART 3 EXECUTION 3.01 INSTALLATION A. Install the work of this Section in accordance with manufacturer's printed instructions unless otherwise indicated. B. Calibrate all sensor time delays and sensitivity to guarantee proper detection of occupants and energy savings. 1. Adiust time delay so that controlled area remains lighted for 5 minutes after occupant leaves area. 3.02 WIRING INSTALLATION A. Wiring Method: Comply with Section 260519 "Low-Voltage Electrical Power Conductors and Cables." B. Size conductors according to lighting control device manufacturer's written instructions unless otherwise indicated. 260526 - Page 3 of 4 NA041710630esign Docs\Specs-Phase 3Short-Durston\EIectdcaR260923 FL-LIGHTING CONTROL DEVICES.doc 8/25/17 SECTION 260923 SECTION 26 — ELECTRICAL LIGHTING CONTROL DEVICES C. Splices, Taps, and Terminations: Make connections only on numbered terminal strips in junction, pull, and outlet boxes; terminal cabinets; and equipment enclosures. 3.03 IDENTIFICATION A. Identify components and power and control wiring according to Section 260553 "Identification for Electrical Systems." 1. Identify controlled circuits in lighting contactors. B. Label contactors with a unique designation. 3.04 FIELD QUALITY CONTROL A. Perform the following tests and inspections:: 1. Operational Test: After installing sensors, and after electrical circuitry has been energized, start units to confirm proper unit operation. 2. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment. B. Lighting control devices will be considered defective if they do not pass tests and inspections. 3.05 DEMONSTRATION A. Train Owner's maintenance personnel to adjust, operate, and maintain lighting control devices. 1. Commission and Train owners personnel at time of substantial completion. END OF SECTION 260923 260526 - Page 4 of 4 NA0417\0630esign Docs\Specs-Phase 3-Short-Durston\Electdcal\260923 FL-LIGHTING CONTROL DEVICES.doc 8125/17 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 Ibf (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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Electdcal\265600 SF-EXTERIOR LIGHTING.DOC 8/25/17 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, product(s) indicated on Drawings. 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: 1. White Surfaces: 85 percent. 265600 - Page 2 of 8 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Electrical\265600 SF-EXTERIOR LIGHTING.DOC 8/25/17 SECTION 265600 SECTION 26 — ELECTRICAL EXTERIOR LIGHTING 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 CRI for all luminaires. 265600 - Page 3 of 8 NA0417\0630esign Docs\Specs-Phase 3-Short-Durston\Electrical\265600 SF-EXTERIOR LIGHTING.DOC 8/25/17 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 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Electrical\265600 SF-EXTERIOR LIGHTING.DOC 8/25117 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\063\Design Docs\Specs-Phase 3-Short-Durston\Electdcal\265600 SF-EXTERIOR LIGHTING.DOC 8/25/17 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 polycarbonate 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. Base Covers: Manufacturers' standard metal units, arranged to cover pole's mounting bolts and nuts. Finish same as pole. C. Decorative accessories, supplied by decorative pole manufacturer, include the following: 1. Banner Arms: 2. Plant hangers 265600 - Page 6 of 8 N:\0417\063\Design Docs\Specs-Phase 3-Short-Durston\Eleclrical\265600 SF-EXTERIOR LIGHTING.DOC 8/25/17 SECTION 265600 SECTION 26 — ELECTRICAL 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 3Short-Durston\Electrical\265600 SF-EXTERIOR LIGHTING.DOC 8125/17 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\0630esign Docs\Specs-Phase 3-Short-Durston\Electrical\265600 SF-EXTERIOR LIGHTING.DOC 8125/17