HomeMy WebLinkAboutPhase 1 Landfill Closure
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2030 11th Ave., PO Box 4817
Helena, MT 59604
(406) 449-8627 . Fax (406) 449-8631
greatwesteng,com
. GreatWest
engineering
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ADDENDUM #1
CITY OF BOZEMAN PHASE I LANDFILL CLOSURE PROJECT
DATE OF ADDENDUM:
BIDS DUE:
LOCATION TO DELIVER aiDS:
August 31 , 2006
2:00 PM, September 6,2006
City of Bozeman Clerk of Commission
City Hall
411 East Main Street
PO Box 1230
Bozeman, MT 59771
BID OPENING:
2:00 PM, September 6, 2006
City Hall
411 East Main Street
Bozeman, Montana
TO ALL PLANHOLDERS:
This addendum shall serve to modify the plans and specifications for the City of
Bozeman Phase I Landfill Closure Project as follows:
CONTRACT DOCUMENTS AND SPECIFICATIONS
1. Leachate Clean out Extensions:
The City of Bozeman shall expose the ends of all five (5) leachate
c1eanouts to a depth of two feet.
2. Topsoil Placement:
The 6" topsoil layer applied to the closure area shall include 4" of topsoil
obtained from the Borrow Area and 2" of compost obtained from the City's
on-site stockpile.
3. Borrow Area:
The contractor will not be required to reclaim the borrow area. The
contractor will also not be required to seed the stockpiled topsoil and the
borrow area.
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Addendum # 1
City of Bozeman Phase I Landfill Closure
August 31,2006
Page 2 of 2
GrearWest
engineering
4. Fence:
The City of Bozeman shall remove the wire fence at the top of the south
slope of the closure area prior to construction.
5. Easement:
The City of Bozeman shall not place garbage within 30' of the top of the
closure area. This is intended to leave a minimum corridor of 30' for the
contractor to easily access the closure slope.
6. Dust Control:
The contractor shall be responsible for dust control using a water truck.
The city will provide free water through a city fire hydrant located on
Caddy Court.
7. Traffic:
To eliminate the use of the haul road by the City of Bozeman during the
construction period, the contractor shall place three (3) scraper loads of fill
dirt at the top of the landfill.
ACKNOWLEDGMENT OF ADDENDUM #1
All bidders shall acknowledge receipt of Addendum #1 in the Bid. Any Bid in
which all issued addenda are not acknowledged may be considered incomplete.
Sincerely,
Great West Engineering
Enclosures
Plan holders List - 2 pages
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PLAN HOLDERS LIST
CITY OF BOZEMAN
PHASE I LANDFILL CLOSURE
SEPTEMBER 6, 2006
City of Bozeman
PO Box 1230
Bozeman, MT 59771
Phone: 406-582-2300
Fax: 406-582-2323
Missoula Plan Exchange
201 North Russell Street
Missoula, MT 59801
Phone: 406-549-5002
Fax: 406-721-2941
Great Falls Builders Exchange
202 2nd Avenue South
Great Falls MT 59405
Phone: 406-727-7548
Fax: 406-727-5997
Bullock Construction
PO Box 364
Boulder, MT 59632
Phone: 406-225-3894
Fax: 406-225-3480
Bozeman Plan Exchange
1105 Reeves Rd. West, Suite 800
Bozeman, MT 59718
Phone: 406-586-7653
Fax: 406-586-4062
Bozeman Sand and Gravel
PO Box 1327
Bozeman, MT 59711
Phone:406-586-2211
Billings Builders Exchange
2050 Broadwater Ave, Suite A
Billings MT 59102
Phone: 406-652-1311
Fax: 406-652-1391
MK Weeden Construction, Inc.
PO Box 1164
Lewistown, MT 59457
Phone: 406-538-3726
Fax: 406-538-4818
Butte Builders Exchange
PO Box 4136
Butte, MT 59702
Phone: 406-782-5433
Fax: 406-782-5433
Montana Contractors Association
PO Box 4519
Helena, MT 59604
Phone: 406-442-4162
Fax: 406-449-3199
Montgomery Construction
361 Price Road
Three Forks, MT 59752
Phone: 406-571-1203
Fax: 406-285-5209
Page 1
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CONTRACT DOCUMENTS
& SPECIFICATIONS
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Prepared for:
City of Bozeman
AUGUST 2006
Prepared by: Robert E. Church, PE
Stephanie M. Reinig, EI
GreatWest
engineering
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T ABLE OF CONTENTS
DIVISION 0 - BIDDING AND CONTRACTING REQUIREMENTS
Section Title
WHITESECrnloM
00020 Invitation to Bid
00100 Instructions to Bidders
00300
00430
00500
00610
00615
00700
00810
YELLOW SEcrnloM
Bid Form
Bid Bond Form (EJCDC NO. C-430 (2002))
WiUITES\ECIiI'ION
Agreement Form
Performance Bond (EJCDC No. C-61O (2002))
Payment Bond (EJCDC No. C-615 (2002))
B'Em.SEC1l0M
Standard General Conditions (EJCDC No. C-700 (2002))
-Supplementary Conditions to the General Conditions (Montana Public Works
Standard Specifications)
Engineer's Supplementary Conditions to the General Conditions
WHIffESECTION
Miscellaneous Forms
Notice of Award (EJCDC No. C-51O (2002))
Notice to Proceed (EJCDC No. C-550 (2002))
Change Order (EJCDC No. C-941 (2002))
Work Change Directive (EJCDC No. C-940 (2002))
Progress Pay Estimate
Certificate of Substantial Completion (EJCDC No. 191O-8-D (1996))
PINK SECTION
Wage Rates
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GOL'D 8ECTIOM
Special Provisions
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Division
01100
01250
01275
01290
01310
01320
01330
01400
01420
01500
01600
01700
01770-
Section
02320
02370
02627
02925
DIVISION 1 - GENERAL REQUIREMENTS
Title
Summary
Contract Modification Procedures
Measurement and Payment
Payment Procedures
Project Management and Coordination
Construction Progress Documentation
Submittal Procedures
Quality Requirements
References
Temporary Facilities and Controls
Product Requirements
Execution Requirements
HCloseoutProcedures
DIVISION 2 - SITE CONSTRUCTION
Title
Sitework Excavation, Embankment & Compaction
Erosion Control and Sediment Retention Straw Rolls
Leachate Collection System
Seeding
LIST OF APPENDICES
APPENDIX A - EROSION CONTROL PLAN, NOTICE OF INTENT & STORM
WATER PREVENTION PLAN
APPENDIX B - GEOTECHNICAL EV ALUA TION
Note: The geotechnical report is included within this Project Manual for the Contractor's
information only. There is no expressed or implied guarantee that the data included, or the
interpretations thereof, represent either extreme, average, or the only soil and groundwater
conditions to be found at the project site.
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INVITATION TO BID
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SECTION 00020
INVITATION TO BID
Separate sealed bids for construction of the Phase I Landfill Closure will be received by City of
Bozeman, Montana at the office of the Clerk of Commission at the City Hall, 411 East Main St.,
P.O. Box 1230, Bozeman, MT 59771 until 2:00 p.m. local time on September 6,2006. The bids will
be publicly opened and read aloud at 2:00 p.m., on September 6, 2006, in the above-mentioned
building.
The project consists primarily of the construction of a 4.7 -acre soil cover system to overlie portions
of the Phase 1 cell of the City of Bozeman Landfill which have reached their final waste elevations.
Construction elements include a 5.5-foot thick final cover system, comprising a 5-foot thick native
_ n~oillayer a!l_c:lO.5-foQ!~hick nattv'~ topsoillay~r. Oth~t_~()rk in~111q~s lea~hllt~ cleap()l1t extensions,
seeding, and erosion control. .
The specific construction items for this project will include: excavation, embankment, gravel, HDPE
piping, steel protective piping, drainage improvements, seeding/fertilizing, erosion control, and other
miscellaneous items.
The contract documents consisting of Drawings and Project Manual may be examined or obtained at
the office of Great West Engineering, located at 2030 11th A venue, P.O. Box 4817, Helena, MT
59601 (406)449-8627 in accordance with Article 2.01 of Instructions to Bidders. Required deposit is
$100.00 per set, which is not refundable.
In addition, the Drawings and Project Manual may also be examined at the following locations:
Great Falls Builders Exchange
Bozeman Plan Library
Billings Plan Exchange
Butte Builders Exchange
Montana Contractors Association (Helena)
There will be a Pre-Bid Conference at the project site located at the City landfill equipment building
on StOry Mill Road at 2:00 p.m. on August 30, 2006. Interested CONTRACTORS are encouraged to
attend.
CONTRACTORS and any of the CONTRACTOR'S subcontractors doing work on this project will
be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms
for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805
Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-
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406-444-7734. All laborers and mechanics employed by CONfRACTORS or subcontractors in
performance of the construction work shall be paid wages at rates as may be required by the State of
Montana prevailing wage rates enclosed herein. The CONTRACTOR must ensure that employees
and applicants for employment are not discriminated against because of their race, color, religion,
sex or national origin.
INVITATION TO BID 00020-1
Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond
payable to 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 Performance Bond and a Labor and Materials
Payment Bond, each inthe amount of one hundred percent (100%) ofthe contract amount. Insurance
as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall
be provided.
No bid may be withdrawn after the scheduled time for the public opening of bids, which is 2:00 p.m.,
September 6, 2006.
The right is reserved to reject any or all proposals received, to waive informalities, to postpone the
award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest
responsive and responsible bid which is in the best interest of the OWNER.
City of Bozeman is an Equal Opportunity Employer.
Published at Bozeman, Montana,
August 20, 2006
August 27, 2006
September 3,2006
Mr. Steve Johnson
City of Bozeman Solid Waste Manager
(Title)
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INVITATION TO BID 00020-2
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INSTRUCTIONS TO BIDDERS
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SECTION 00100
INSTRUCTIONS 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 the 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 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 evaluations 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 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 assume 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 on the Work and do not confer a license or grant
for any other use.
2.04 The Contractor to whom a contract is awarded will be furnished, without cost to him, four
copies of the Specifications and four sets of the Drawings, together with all Addenda thereto.
Additional copies of Specifications and Drawings may be obtained from the Engineer, by the
Contractor awarded the contract only, on the following basis:
Full or partial sets of Drawings
Each book of Specifications
$ 2.50 per sheet
$75.00
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ARTICLE 3 - QUALIFICATION OF BIDDERS
3.01 To demonstrate Bidder's qualifications to perform the Work, within five (5) days of
OWNER's request, Bidder shall submit written evidence, such as financial data, previous experience
in performing comparable work, present commitments and other such data as may be called for in the
Special Provisions.
INSTRUCTIONS TO BfDDERS 00100-1
In determining the lowest responsible bid, the following elements will be considered: whether the
BIDDER involved (a) maintains a permanent place of business; (b) has adequate plant and
equipment to do the work properly and expeditiously; (c) has a suitable financial status to meet
obligations incident to the work; and (d) has appropriate technical experience.
Each BIDDER may be required to show that former work performed by him has been handled in
such a manner that there are no just or proper claims pending against such work. No BIDDER will be
acceptable if he is engaged on any other work which impairs his ability to finance his contract. The
BIDDER shall demonstrate his ability by meeting all requirements herein stipulated, if asked for
them.
ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA
AND SITE
4.01 Subsurface and Physical Conditions
A. The Special Provisions identify:
1. Those reports of explorations and tests of subsurface conditions at or
contiguous to the Site that ENGINEER has used in preparing the Bidding
Documents.
2. Those drawings of physical conditions in or relating to existing surface and
subsurface structures at or contiguous to the Site (except Underground Facilities) that
ENGINEER has used in preparing the Bidding Documents.
B. Copies of reports and drawings referenced in paragraph 4.01.A will be made
available by OWNER to any Bidder 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 info?TIation
and data furnished to OWNER and ENGINEER by owners of such Underground
Facilities, including OWNER, or others. OWNER and ENGINEER do not assume
responsibility for the accuracy or completeness thereof unless expressly provided
otherwise elsewhere.
INSTRUCTIONS TO BIDDERS 00100-2
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4.03 Hazardous Environmental Condition
A. The Special Provisions identify those reports and drawings relating to a Hazardous
Environmental Condition identified at the Site, if any, that ENGINEER has used in
preparing the Bidding Documents.
B. Copies of reports and drawings referenced in paragraph 4.03.A will be made
available by OWNER to any Bidder 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 the Special Provisions has been
identified and establi shed 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 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 Upon 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.
4.06 Reference is made to the Special Provisions 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 work.
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;
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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, climactic conditions and seasons, physical conditions at the work Sites
INSTRUCTIONS TO BIDDERS 00100-3
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) which have been identified in the Special Provisions as
provided in paragraph 4.02 of the General Conditions, and carefully study all reports
and drawings of a Hazardous Environmental Condition, if any, at the Site which have
been identified in the Special Provisions as provided in paragraph 4.06 of the General
Conditions;
E. Obtain and carefully study (or assume responsibility for doing so) all additional or
supplementary examinations, investigations, explorations, tests, studies, and data
concerning conditions (surface, subsurface and Underground Facilities) at or
contiguous to the Site which may affect cost, progress, or performance of the Work
or which relate to any aspect of the means, methods, techniques, sequences and
procedures of construction expressly required by the Bidding Documents, and safety
precautions and programs incident thereto;
F. Agree at the time of submitting its bid that no further examinations, investigations,
exploration, tests, studies or data are necessary for the determination of its Bid for
performance of the Work at the price bid and within the times 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 indicted 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.
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 the Bidders; and
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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 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
INSTRUCTIONS TO BIDDERS 00100-4
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applying any specific means, methods, techniques, sequences 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, en"ors, ambiguities, and discrepancies that Bidder has
discovered in Bidding Documents and the written resolutions thereof by ENGINEER are generally
sufficient to indicate and convey under-standing of all terms and conditions for performing and
furnishing the Work.
ARTICLE 5 . PRE-BID CONFERENCE
5.01 A pre-Bid conference will be held at the time and place listed 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 conterence. Oral statemef!t~.!1!~y.!!~t_be relied upon and will n()t_I:>.~~t~~il1g or legally effective.
ARTICLE 6 - SITE AND OTHER AREAS
6.01 The Site is identified 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.
Easement 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.
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.
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 shaJI be acknow ledged in the Bid and on the envelope.
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 (l0%) of Bidder's maximum Bid price and in the form of cash, a cashier's check, certified
INSTRUCTIONS TO BIDDERS 00100-5
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 a form attached if a fmm is prescribed) 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 a Resident Montana Agent.
8.02 The Bid Security of the Successful BIDDER will be retained until such BIDDER has
executed the Contract Documents and 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 annul the Notice of Award and the
Bid Security of that Bidder will be forfeited. 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(7~~~_~~!l~~)'~_~f!~~~~~__~_~f~~!iY~_P_~!~_?L~~~~_~~~~!!lent or (61) sixty~one 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 days after Bid opening.
ARTICLE 9 - CONTRACT TIMES
9.01 The number of days within which, or the dates by which, the Work is to be (a) Substantially
Completed and (b) also completed and ready for final payment are set forth in the Agreement.
ARTICLE 10 - LIQUIDATED DAMAGES
10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.
ARTICLE 11 . SUBSTITUTE AND "OR-EQUAL" ITEMS
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. If the
Contractor bases his bid on "substitute" or "on equal" items, he .does so entirely at his own risk.
Whenever it is indicated 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 Paragraphs 6.7 of the General Conditions and may be
supplemented in the General Requirements or Special Provisions.
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ARTICLE 12 - SUBCONTRACTORS. SUPPLIERS AND OTHERS
12.01 The apparent Successful Bidder, aDd any other Bidder so requested, shall within five (5) days
after Bid opening submit to OWNER 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
INSTRUCTIONS TO BIDDERS 00100-6
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projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or
entity if requested by OWNER. If OWNER or ENGINEER after due investigation has reasonable
objection to any proposed Subcontractor, Supplier, individual or entity OWNER may, before the
Notice of A ward is gi yen, request apparent Successful Bidder to submit a substitute, without an
increase in the Bid.
12.02 Ifthe apparent Successful BIDDER declines to make any such substitution, the OWNER may
determine such Bidder to be non-responsive and reject the Bid. Declining to make requested
substitution will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any
Subcontractor, Supplier, individual or entity solisted and against which OWNER and 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.
._u __.. ........ ...._.1... .. __
12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, indl-vldual, 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 the ENGINEER. 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. A Bid price shall be indicated for each Bid item listed therein, or the words "No Bid", "No
Change", or "Not Applicable" entered.
13.03 Bids 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 a Power of Attorney showing that
person's authority.
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 and 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.
INSTRUCTIONS TO BIDDERS 00100-7
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 below the signature.
13.08 All signatures are to be in ink and names must be typed or printed below the signature. The
title of the person(s) executing the Bid shall be clearly indicated beneath the signature.
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). 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 Current Montana Contractor's registration number, if any, must be shown.
ARTICLE 14 - BASIS OF: BID; EV ALVA TION 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. The Bid will not be
considered unless the Bid Form contains all Unit Prices or lump sum, and alternates
as shown on the Bid Form, Bids and totals are 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.
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 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 price 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.
ARTICLE 15 - SUBMITTAL OF BID
15.01 Each prospective Bidder is furnished one copy of the Bidding Documents. The Bid form is to
be completed and submitted with the Bid security along with additional documents, if any, as
identified in the Special ProvJ.sions.
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 accompanied by the Bid Security and other required
documents. If a Bid is sent by mail or other delivery system, the scaled envelope containing the Bid
INSTRUCTIONS TO BIDDERS 00100-8
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shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID
ENCLOSED". A mailed bid shall be addressed to the address shown in the Invitation to Bid.
15.03
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 or bid modifications by telephone, telegraph, fax or other telecommunication
systems will not be considered.
ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BIDS
_ _".. n. __... -..."".,,\ .......-.....
16.01 Bids 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 caned for in the Invitation to Bid. Telephone, telegraph, fax,
e-mail or other telecommunication methods will not be anowed for bid modifications. 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 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.
ARTICLE 17 - OPENING OF BIDS
17.01 Bids will be opened at the time set for opening in the Invitation to Bid and, unless obviously
non-responsive, 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 sixty (60) days after the day of the Bid opening,
but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end
of this period.
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ARTICLE 19 - AWARD OF CONTRACT
19.01 OWNER reserves the right to reject any and 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
INSTRUCTIONS TO BIDDERS 00100-9
changes in the Work and to negotiate contract telms with the Successful Bidder. OWNER 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 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.
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 To Proceed.
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 Special Provisions.
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 to perform 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, conforming with all material terms and conditions of the Bidding Documents, is lowest
price, in the best interest of the Project, and other factors considered. The OWNER reserves the right
to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to
award more than one Bid or schedule for the same Bid if any of the aforementioned combination of
Bids or schedules will be in the best interest of the OWNER.
The OWNER reserves the right to 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.
ARTICLE 20 - CONTRACT SECURITY
20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions,
sets forth OWNER's and Contractor's requirements as to Performance Bond, Payment Bond and
certificates of insurance. When the Successful Bidder delivers the executed Agreement to OWNER,
it must be accompanied with such ~onds and insurance.
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,
INSTRUCTIONS TO BIDDERS 00100-10
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Successful Bidder shall sign and deliver at least three (3) counterparts of the Agreement and attached
documents to OWNER with the required bonds and Certificate of Insurance verifying compliance
with insurance requirements of the Contract and/or any statutes or ordinances. Within fifteen (15)
- days thereafter OWNER shall deliver one fully signed counterpart to Successful Bidder with a
complete set of the Drawings with appropriate identification.
ARTICLE 22 - 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
invol ving workmen's compensation insurance, contractor registration, employment preference to
Montana contractors and Montana residents, and gross receipts tax.
22.02- Construction contractors shall be-regisTered in-ordEr-to bid this project Registration shall be
per Montana Code Annotated 39-9-201. All subcontractor over $2,500 will be required to submit
proof of registration with the Montana Department of Labor and Industry (DOLI).
22.03 Pursuant to Section 15-50-205, Montana Codes Annotated, the owner is required to withhold
one (1) percent of all payments due the Contractor and is required to transmit such monies to the
State Board of Equalization as part of the Public Contractor's Fee. In like fashion, the Contractor is
required to withhold one (1) percent from payments to subcontractors. Under the statute, these
Public Contractor's Fees may be used as credits against income tax and corporation license tax paid
or due in Montana.
22.04 Pursuant to Section 7-5-4309, Montana Codes Annotated, no payment may be made upon
this contract until the Contractor has filed with the Owner a statement under oath disclosing the
names of all persons directly or indirectly interested in this contract and all persons who will receive
any part of the proceeds or profits thereof, declaring that no persons other than those named are
interested, and declaring that no persons forbidden by Section 7-5-4109, Montana Codes Annotated,
have any interest therein.
ARTICLE 23 - PREY AILING WAGE RATES
23.01 On all projects and contracts with the Owner, the Contractor and all local labor
subcontractors shall pay for all labor employed the standard prevailing rates of wages. The standard
prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality
where the work is to be performed as determined by the Montana Prevailing Wage Rates and as
bound herein. The Contractor shall spot in a prominent and accessible place on the site of the work a
legible statement of all wages to be paid to the employees. :rhe Contractor shall submit to the Owner
certified payrolls each week for all employees and subcontractor's employees.
lNSTRUCTlONS TO BLDDERS 00100-11
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BID FORM
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NOTE
THE FOLLOWING BID PROPOSAL FORM SHAll NOT BE REMOVED FROM THIS
BOOK. THE ENTIRE DOCUMENT SHALL BE SUBMITTED AS A BID.
IN ORDER FOR THE BID TO BE VALID, THE FOLLOWING MUST BE FILLED OUT
AND SUBMITTED BY THE CONTRACTOR ALONG WITH HIS BID:
* ALL BID ITEMS AND SIGNATURE PAGE
* BID BOND
* ACKNOWLEDGMENT OF ADDENDA
THE REMAINING DOCUMENTS WilL BE COMPLETED BY THE SUCCESSFUL
CONTRACTOR FOLLOWING THE BID OPENING.
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SECTION 00300
BID FORM
PROJECT IDENTIFICATION:
City of Bozeman Landfill- Phase I Closure
(Name of Project)
Bozeman, Montana
(Location)
(If applicable, Project or portion of Project for which Bid is submitted)
...- -.--
THIS BID SUBMITTED TO:
City of Bozeman, Clerk of Commission
(Organization)
411 East Main Street, P.O. Box 1230
(Street; PO Box)
Bozeman
(City)
Montana
(State)
59771
(Zip Code)
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.
2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid, and
Instruction to Bidders, including without limitations those dealing with the disposition of Bid
Security. This 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. ~.
BID FORM 00300-1
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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 the following Addenda:
Addendum No.
Addendum Date
AUJ!ust 31. 2006
one
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 in or
relating to existing surface or subsurface structures at or contiguous to the Site
(except Underground Facilities), which have been identified in the Special Provisions
as provided in paragraph 4.02 of the General Conditions, and reports and drawings of
a Hazard Environmental Condition, if any, which has been identified in the Special
Provisions as provided in paragraph 4.06 of the General Conditions.
E. Bidder has obtained and carefully studied (or assumes responsibility for having done
so) all additional or supplementary examinations, investigations, explorations, tests,
studies and data concerning conditions (surface, subsurface and Underground
Facilities) at or contiguous to the Site which may affect cost, progress, or
performance of the Work or which relate to any aspect of the means, methods,
techniques, sequences, and procedures of construction expressly required by the
Bidding Documents to be employed by Bidder, and safety precautions and programs
incident thereto.
F. 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 and in accordance with the other
terms and conditions of the Bidding Documents.
G. Bidder is 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. Bidder has correlated the information known to Bidder, information and observations
obtained from visits to the Site, reports and drawings identified in the Bidding
BID FORM 00300-2
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Documents, and all additional examinations, investigations, explorations, tests,
studies and data with the Bidding Documents.
I. 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.
J. 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 Bidis submitted.
4.01 Bidder further represents that 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 agreement or
rules of any group, association, organization or corporation; Bidder has not directly or indirectly
induced or-solicited any-other Bidder to--submi-t-a--false or sliam,Bid;--Bidder has not-solicited or
induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by
collusion to obtain for itself any advantage over any other Bidder or over OWNER.
The BIDDER certifies that no official of the OWNER, ENGINEER or any member of such officials
immediate family, has direct or indirect interest in the pecuniary profits or Contracts of the BIDDER.
5.01 The Bidder will complete the Work in accordance with the Contract Documents for the
fonowing price(s):
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BID FORM 00300-3
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BOZEMAN LANDFILL
PHASE I CLOSURE PROJECT
BID SHEET
Bid
Item Unit Quantity Item Unit Price Total Price
No.
1. LS Mobilization
$3/900 $ 3//000-
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2. LS Excavate, Haul and Place
Native ET Soil Material 1))65'b -
$ lL e:,S:?>- $
3. LS Excavate, Haul and Place I
. Native Top-S-oiru ... ...m_.....__m.__....".
J I t5"~ 7/ I b)--
$ $
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4. LS Leachate Cleanout Extensions
$ 3 1)0 - $ >,7)D-
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5. LS Seeding & Fertilizing
$ s: &<.>0 ~ $ )" 0'00 ---
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6. LF 13650 Erosion Control Straw Rolls
$ 3- $ Lfo 9s"O -
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TOTAL Estimated Bid Price
$ / S1, 5"2/-
I (Figures)
TOTAL Estimated Bid Price
$ a",f.,. !lJWPMD
",,J,,...u --Ctij -/)fIJ!.-
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BID FORM 00300-4
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A. Unit Prices have been computed in accordance with paragraph 11.03.B. of the
General Conditions.
B. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for
the purpose of comparison of Bids, and final payment for all Unit Price Bid items
will be based on actual quantities provided, determined as provided in the Contract
Documents.
C. 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 above 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.
D. The--OWNER-reservestheright to reject anyor--allbids.
6.01 Bidder agrees that the Work will be substantially completed and competed and ready for final
payment in accordance with 14.07 of the General Conditions on or before the dates or within the
number of calendar days indicated in the Agreement.
6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work within the times specified above, which shall be stated in the
Agreement.
7.01 The following documents are attached to and made a condition of the 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 identified in the Instructions To
Bidders.
BID FORM 00300-5
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8.01 The terms used in this Bid with the initial capital letters have the meanings indicated in the
Instructions To Bidders, General Conditions, and the Supplementary Conditions.
SUBMITTED on September 6 ~ 2006
Montana Contractor's Registration # (if any) 5199
Employer's Tax ill No. 81-0401026
If BIDDER is:
An Individual:
(N ame typed or-printed)
By:
(SEAL)
(Individual's Signature)
Doing business as:
Business Address:
Phone No.:
Fax No:
A Partnership:
(Partnership Name)
By:
(SPAU
(Signature)
(Name, typed or printed)
Business Address:
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Phone No.:
Fax No:
BID FORM 00300-6
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A Corporation: Shumaker Trucking & Excavating Contractors, Inc.
(Corporation Name)
State of Incorporation: Montana
(SEAL)
ervice, Limited Liability General Business
By:
Title: Joseph G.
'AtteSe---cenRPC>RA TE SEAL)
Business Address: P.o. Box 1279 Great Falls. M'I' ')Q401
Phone No.: 727-3537
Fax No:
727-QQQ')
Date of Qualification To Do Business Is: 1981
A Joint Venture: Each Joint Venture Must Sign
Joint Venturer Name:
(Name)
(SEAL)
By:
(Signature of Joint Venture Partner)
Name:
(Name, printed or typed)
Title:
"
"
Business Address:
Phone No.:
Fax No:
BID FORM 00300-7
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A Joint Venture: Each Joint Venture Must Sign
.Joint Venturer Name:
(Name)
(SEAL)
By:
(Signature of Joint Venture Partner)
Name:
(Name, printed or typed)
Title:
Business Address:---
Phone No,:
Fax No:
Address of Joint Venture for Receipt of Official Communication:
Address:
Phone No.:
Fax No:
(Each Joint Venture 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
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BID FORM 00300-8
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BID BOND
PENAL SUM FORM
Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable.
BIDDER (Name and Address):
Shumaker Trucking & Excavating Contractors, Inc.
P.O. Box 1279
Great Falls, MT 59403
SURETY (Name and Address of Principal Place of Business):
Liberty Mutual Insurance Company
175 Berkeley Street
Boston, MA 02117
OWNER: (Name and Address):
City of Bozeman
P.O. Box 1230
Bozeman, MT 59771- J 230
BID
Bid Due Date: September 6,2006
Project (Brief Description Including Location): City of Bozeman Phase I Landfill Closure, Bozeman, Montana
BOND
Bond Number: 1875841
Date (Not later than Bid due date): September 6, 2006
Penal sum Ten Percent of the Total Amount Bid
(Words)
10%
(Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do
each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
BIDDER
(Seal)
Contractors, Inc.
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By:
Sign
Jose
Attest:
Signatur.. nd Title
Eugene Shumaker, President
Note; Above addresses are to be used for giving required notice.
SURETY
(Seal)
Attest:
Signatur
COUNTERSIGNED:
~u~
TOM SIDOR ' J
EJCDC NO. C-430 (2002 Edition)
"'
1875841
."J... r "'
'. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
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LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
JOHN D. LEAF, MARK S. NICHOLLS, CHRIS JERMUNSON, BILLY J. BOLT, JENNYTAUB-SMITH, BETH A. WINDOM,
JAMIE M. ROE, MICHAEL E. DEPNER, ROSE ST. CLAIR, ALL OF THE CITY OF GREAT FALLS, STATE OF MONTANA....
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, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, anv and all unde. rtakings, bonds, recognizanc.es and other surety Obligatio. n. s i.n the penal sum not exceeding
FIFTY MilLION AND 00/1 00********,(*********** . DOLLARS ($ 50.000.000,00***** ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
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ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
LIBERTY MUTUAL INSURANCE COMPANY
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_ By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
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.0 I: Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
I~ e authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
::J deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
; That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
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Ijl: ~ COMMONWEALTH OF PENNSYLVANIA ss
v, COUNTY OF MONTGOMERY
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1::.e On this ~ day of January , ~ , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
o ,5 that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
~ Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
'0 i IN TESTIMONY WH P. ~~ unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
:= (,) first above written. .~. ~~ONW~1'
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IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 24th day of January ,
2006
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BYC..4- &/- .a<'~
Garnet W. Elliott, Assistant Secretary
CERTIFICATE
COMMONWEALTH OF PENNSYLVANIA
NoIluIioI Seal
Toreaa P8a1ella. Ncwy Publk:
PlymwlhTw;t, ~CoImly
My~ &pirooMar.2e,2009
l.1<InM'. h""*0vonla "...ooIM0n d Nl>!d'6
BY~~
Teresa Pastella, Notary Public
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I, the undersigned, Assistan retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in.fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
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VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed. .
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IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the-corporate seal of the said company, this 6'lB
Sl'Pll'MBER ,2tXl6. , '. ,j) h//
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day of
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AGREEMENT voRNi
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,
SECTION 00500
AGREEMENT FORM
This Agreement is dated as of the day of in the year , by and
between City of Bozeman, hereinafter called "OWNER" and hereinafter called
CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. WORK.
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows: Construction ofthe final soil cover system
for the Phase I landfill cell, leachate cleanout extensions, seeding, erosion control. and accessories
described in the contract documents.
Article 2. 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: City of Bozeman Phase I Landfill Closure
Article 3. ENGINEER.
3.01 The Project has been designed by: Great West Engineering, Helena. Montana 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 completion of the Work in accordance with the Contract Documents.
Article 4. CONTRACT TIME:
4.01 Time of the Essence
A. All the 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.
4.02 Days to Achieve Substantial Completion
A. The Work will be substantially complete within 60 days after the date when the
Contract Time commences to run as provided in Paragraph 2.03 of the General
Conditions.
4.03 Liquidated Damages
A. OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement and that the OWNER will suffer financial loss if the Work is not
completed within the times specified in Paragraph 4.02 above, plus any extensions
AGREEMENT FORM 00500-1
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thereof allowed in accordance with Article 12 ofthe General Conditions. The parties
also recognize the delays, expense and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree at as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER Two Hundred dollars ($200.00) for each day
that expires after the time specified in Paragraph 4.02 for Substantial Completion
until the Work is substantially complete.
Article 5. CONTRACT PRICE:
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount equal to the sum of the established unit price for each separately
identified item of Unit Price Work times the quantity of that item that is constructed and accepted.
Unit prices are those listed in the Unit Price Schedule of the Bid Form attached as Exhibit A to this
Agreement. Estimated quantities used for bidding purposes are not guaranteed, payment will be for
actual quantities as determined by ENGINEER in accordance with Article 9.08 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 the
ENGINEER as provided in the Contract Documents.
6.02 Progress Payments; Retainage
A. OWNER shall make progress payments in accordance with Article 14 ofthe General
Conditions on account of the Contract Price on the basis of CONTRACTOR's
Applications for Payment as recommended by ENGINEER, once each month during
construction as provided below. All progress payments will be on the basis of the
progress of the Work measured by the number of units of each hid item completed
times the bid unit price in the Unit Price Schedule of the Bid Form for that item.
1. Prior to Substantial Completion, progress payments will be made in an
amount equal to the sum of the unit price items less the percentage indicated
below but, in each case, less the aggregate of payments previously made and
less such amounts as ENGINEER may determine or OWNER may withhold,
in accordance with Paragraph 14.02 of the General Conditions.
a. The OWNER shall retain five percent (5%) of the amount of
each payment until final completion and acceptance of all Work
covered by the Contract Documents. Reduction of retain age is at sole
AGREEMENT FORM 00500-2
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discretion of OWNER. OWNER is not obligated to reduce retainage.
b. Retainage will be 5% of materials and equipment not
incorporated in the Work (but delivered, suitably stored and
accompanied by documentation satisfactory to OWNER as provided
in Paragraph 14.2 of the General Conditions).
2. Upon Substantial Completion and at the OWNER'S discretion, the amount of
retainage may be further reduced if requested by the CONTRACTOR.
6.03 Final Payment
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 REPRESENTATION:
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 Paragraph 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, 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 Wark.
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) which have been identified in the Special
Provisions as provided in Paragraph 4.02 of the General Conditions and (2) reports
and drawings of a Hazardous Environmental Condition, if any, at the Site which has
been identified in the Special Provisions as provided in Paragraph 4.06 of the General
Conditions. CONTRACTOR acknowledges that such reports and drawings are not
AGREEMENT FORM 00500-3
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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.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for
having done so) all such additional supplementary examinations, investigations,
explorations, tests, studies and data concerning conditions (surface, subsurface and
Underground Facilities) at or contiguous to the site or otherwise which may affect
cost, progress, performance or furnishing of the Work or which relate to any aspect of
the means, methods, techniques, sequences and procedures of construction to be
employed by CONTRACTOR including applying the specific means, methods,
techniques, sequences and procedures of construction, if any, expressly required by
the Contract Documents to be employed by the CONTRACTOR, and safety
precautions and programs incident thereto.
F. CONTRACTOR does not consider that any additional examinations, investigations,
explorations, tests, studies or data are necessary for the performance and furnishing
ofthe 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 7, inclusive);
AGREEMENT FORM 00500-4
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2. Performance Bond (pages 1 to 2, inclusive);
3. Payment Bond (pages 1 to 2, inclusive);
4. Other Bonds (pages 1 to 2, inclusive);
a. Bid Bond (pages I to 2, inclusive);
5. General Conditions (pages 1 to 40, inclusive);
6. Supplementary Conditions (pages 1 to 12, inclusive);
7. Engineer's Supplementary Conditions (pages 1 to 4, inclusive);
8. Special Provisions (pages 1 to 6, inclusi ve);
9. Specifications as listed in the table of contents of the Project Manual;
10. Drawings consisting of a cover sheet and sheets numbered 1 through 2 with
each sheet bearing the following general title: City of Bozeman Landfill
Phase 1 Closure Project;
11. Exhibits to this Agreement (enumerated as follows):
a. Notice To Proceed (pages 1 to 2, inclusive);
b. CONTRACTOR's Bid (pages 1 to 8, inclusive);
c. Documentation submitted by CONTRACTOR prior to Notice of
A ward;
12. The following which may be delivered or issued on or after the Effective
Date of the Agreement and are not attached hereto:
a. Written Amendments;
b. Work Change Directives;
c. Change Order(s);
d. Addendum # 1 dated August 31, 2006.
13. Appendices A, Band C of the Contract Documents.
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 Paragraphs 3.04 of the General Conditions.
Article 10. MISCELLANEOUS:
10.01 Terms
A. Terms used in this Agreement which are defined in Alticle 1 of the General
Conditions will have the meanings indicated in the General Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent ofthe
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
AGREEMENT FORM 00500-5
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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 of all covenants, agreements and obligations
contained in the Contract Documents.
10.04 Severability
A. Any provision of part of the Contract Documents held to be void or unenforceable
under and 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. IN WITNESS
WHEREOF, OWNER and CONTRACTOR have signed 6 copies of Agreement.
Three counterparts have been delivered to OWNER, two to CONTRACTOR and one
to ENGINEER. All portions of the Contract Documents have been signed or
identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.
This Agreement will be effective on Oct.ob e r ::J. (g , ;;2COee (which is the
effective date of the Agreement).
AGREEMENT FORM 00500-6
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OWNER City of Bozeman
CM.~
BY
(CORPORATE SEAL)
Attest
Address for giving notices:
P.O. Box 1230
Bozeman, Montana 59771
Phone No.
(406) 582-2320
Fax No.
(406) 582-2323
(If OWNER is a public body, attach evidence of
authority to sign and resolution or other
documents authorizing execution of OWNER-
CONTRACTOR Agreement)
CONTRACTOR Shumaker Trucking &
Excavating Contractors, Inc.
BY
Attest
RPORATE SEAL)
~....IJA-
Address for giving notices:
P.O. Box 1279
Great Falls, MT 59403
Phone No.
(406) 727-353
Fax No.
(406) 727-9995
Contractor Registration No. 5199
Agent for service of process:
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign)
AGREEMENT FORM 00500-7
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.......... ~~.,......~...~- . .'~-~~~':'!'"i>~
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RECEiVED
OCT 1 2 2006
PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural whGLial We s t
CONTRACTOR (Name and Address):
Shumaker Trucking & Excavating Contractors, Inc.
P.O. Box 1279
Great Falls, MT 59403
OWNER (Name and Address):
City of Bozeman
P.O. Box 1230
Bozeman, MT 59771-1230
CONTRACT
Date:
AmountONE HUNDRED FIFTY-NINE THOUSAND FIVE HUNDRED TWENTY-ONE AND Non 00 ($159,521.00)
Descriptions (Name and Location): City of Bozeman Phase I Landfill Closure, Bozeman, Montana
SURETY (Name and Address of Principal Place of Business)
Liberty Mutual Insurance Company
175 Berkeley Street
Boston, MA 02117
BOND
Bond Number: 965007131
Date (Not earlier than Contract Date):
Amount:ONE HUNDRED FIFTY-NINE THOUSAND FIVE HUNDRED TWENTY~ONE AND NO/IOO ($159,521.00)
Modifications to this Bond Form: None
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this
Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative.
CONTRACTOR AS PRINCIPAL
Company: Shumaker ing & E
Contractors, Inc.
SURETY
Signature:
Name and Title:
Joseph G. Aline, Sec./Treas.
(Space is provided below for signatures of additional
parties, if required.)
CONTRACTOR AS PRINCIPAL
Company:
SURETY
Signature:
Name and Title:
(Seal)
(Seal)
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title
E.Icnc No. C-610 (2002 Edition)
Originally prepared through thejoiot efforts of Surety Association of America, Engioeers Joint Contract Documents Committee, the Associated General
Contractors of America, and the American Institute of Architects.
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I. Contractor and Surety, jointly and severally, bind themselves, their hcirs,
executors, administrators, successors and assigns to the Owner for the performance
of the Contract, which is incorporated herein by reference.
2. If Contractor performs the Contract, Surety and Contractor have no obligation
under this Bond, except to participate in conferences as provided in Paragraph 3.1.
3. If there is no Owner Default, Surcty's ohligation under this Bond shall arise after:
3.1. Owner has notified Contractor and Surety at the addresses described in
Paragraph 10 below, that Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a conference with
Contractor and Surety to be held not later than fifteen days after receipt of
such notice to discuss methods of performing the Contract. If Owner,
Contractor and Surety agree, Contractor shall be allowed a reasonable time
to perform the Contract, but such an agreement shall not waive Owner's
right, if any, subsequently to declare a Contractor Defauh; and
3.2 The Owner has declared a Contractor Default and formally terminated
Contractor's right to complete the Contract. Such Contractor Default shall
not be declared earlier than twenty days after Contractor and Surety have
received notice as provided in paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the Contract Price to:
I. The Surety in accordance with the tenns of the Contract;
2. Another contractor sclccted pursuant to paragraph 4.3 to perform the
Contract.
4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly
and at Surety's expense take one of the following actions:
4.1 Arrange for Contractor, with cOnsent of Owner, to perform and complete
the Contract, or
4.2 Undertake to perform and complete the Contract itself, through its agents Or
through independent cuntractors; or
4.3
Obtain bids or negotiated prnposals from qualificd contractors acceptable to
Owner for a contract for pcrformance and completion of the Contract,
arrange for a contract to be prepared for execution by Owner and the
contractor selected with Owner's concurrence, to be secured with
pcrformance and payment bonds executed by a qualified surety equivalent
to the Bonds issued on the Contract, and pay to Owner the amount of
damages as described in paragraph 6 in excess of the Balance of the
Contract Price incurred by Owner resulting from Contractor Default; or
..-~-.........."W'~"--:-
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4.4
Waive its right to perform and complete, arrange for completion, Or obtain
a new contractor and with reasonahle promptness under the circumstances;
6. After Owner has terminated Contractor's right to complete lhe Contract, and if
Surety elects to act under Paragraph 4.1, 4.2, Ot 4.3 above, then the responsibilities
of Surety to Owner shall not be greater than those of Contractur under the Contract,
and the responsibilities of Owner to Surety shall not be greater than those of Owner
under the Contract. To a limit of the amount of this Bond, but subject to commitment
by Owner of the Balance of the Contract Price to mitigation of costs and damages on
the Contract, Surety is nhligated without duplication for:
6.1 The responsibilities of Contractor for correction of defective Work and
completion of the Contract;
6.2 Additional legal, design professional and delay costs resulting from
Contractor's Default, and resulting from the actions or failure to act of
Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in the
Contract, actual damages caused by delayed performance or non-
performance of Contractor.
7. Surety shall not be liable to Owner Or others for ohligations of Contractor that are
unrelated to the Contract, and the Balance of the Contract Price shall not be rcduced
or set off on account of any such unrelated obligations. No right of action shall
accrue on this Bond to any person or cntity other than Owncr Or its heirs, executors,
administrators, or successors,
8. Surety hereby waives notice of any change, including changes of time, to
Contract or to related subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any court
of competent jurisdiction in the location in which the Work or part of he Work is
located and shall he instituted within two years after Contractor Default or within
two years after Contractor ceased working or within two years after Surety refuses Or
fails to perform its obligations under this Bond, whichever occurs first. If the
provisions of this paragraph are void or prohihited by law, the minimum period of
limitation availahle to sureties as a defense in the jurisdiction of the suit shall be
applicable.
10. Notice to Surety, Owner or Contractor shall be mailed or delivered to the
address shown On the signature page.
11. When this Bond has been furnished to comply with a statutory requirement in the
location where the Contract was to be performed, any provision in this Bond
conflicting with said statutory Or legal requirement shall be deemed deleted hcrefrom
and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. TIle intent is that this Bond shall be construed as a
statutory bond and not as a common law hondo
12. Definitions.
12.1 Balance of the Contract Price: The total amount payable hy Owner to
Contractor under the Contract after all proper adjustments have been made,
including allowance to Contractor of any amounts received or to be
received hy Owner in settlement of Insurance or other Claims for damages
to which Contractor is entitled, reduced by all valid and proper payments
made to or on behalf of Contractor under lhe Contract.
12.2 Contract: The agreement between Owner and Contractor identified on the
signature page, including all Contract Documents and changes thereto.
12.3 Contractor Default: Failure of Contractor, which has neither been remedied
nor waived, to pcrform or otherwise to comply with the terms of the
Contract.
12.4 Owner Default: Failure of Owncr, which has neither becn remedied nor
waived, to pay Contractor as required by the Contract or to perform and
complete or comply with the other tcrms thereof.
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Owner's Representative (engineer or other party):
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I. After investigation, detennine the amount for which it may be liable
to Owner and, as soon as practicable after the amount is detennined,
tender payment therefor to Owner; or
2.
Deny liability in whole Or in pan and notify Owner citing reasons
tllerefor.
5. If Surety docs not proceed as provided in Paragraph 4 with reasonable
promptness, Surety shall be deemed to be in default on this Bond 15 days after
receipt of an additional written notice from Owner to Surety demanding that Surety
perform its obligations under this Bond, and Owner shall be entitled to enforce any
remcdy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and
Owner refuses the payment tendered or Surety has denied liability, in whole or in
pan, without further notice Owner shall he emilled to enforce any remedy available
to Owner.
FOR INFORMATION ONLY - Name, Address and Telephone
Surety Agency or Broker:
F]ynn Insurance Agency
P.O. Box 7]]
Great Falls, MT 59403
(406) 453-1464
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PAYMENT BOND
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Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
I CONTRACTOR (Name and Address):
Shumaker Trucking & Excavating Contractors, Inc.
P.O. Box 1279
Great Falls, MT 59403
SURETY (Name and Address of Principal Place of Business):
Liberty Mutual Insurance Company
175 Berkeley Street
Boston, MA 02117
I OWNER (Name and Address):
City of Bozeman
P.O. Box] 230
Bozeman, MT 59771-1230
OUNTERSIGNED:
YNN IN ,- ANCE AGENCY
ovn~
TOM SIDOR
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CONTRACT
Date:
Amount: ONE HUNDRED FIFTY-NINE THOUSAND FIVE HUNDRED TWENTY-ONE AND NO/IOO ($159,521.00)
Description (Name and Location): City of Bozeman Phase I Landfill Closure, Bozeman, Montana
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BOND
Bond Number: 965007131
Date (Not earlier than Contract Date):
Amount: ONE HUNDRED FIFTY-NINE THOUSAND FIVE HUNDRED TWENTY-ONE AND Non 00 ($159,521.00)
Modifications to this Bond Form: None
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Surety and Contractor, intending to be legally ound hereby, subject to the terms printed on the reverse side hereof, do each cause
this Payment Bond to be duly executed on its b half by its authorized officer, agent, or representative.
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CONTRACTOR AS PRINe AL
Company: ShumakeJ/n cking &
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Contractors, Inc. /'
Signature: t (Seal)
Name and Titl .
Joseph G. ~line~ Sec./Treas.
SURETY
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(Seal)
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(Space is provided below for signatures of additional
parties, if required.)
By: ~.
Signat and Title Jenny Taub-Smith, Attorney-in-Fact
(Attac pow~r of ey) ~ --
Atte'( . ~ ~
Signature an Lori L. Wa er, ond Clerical
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CONTRACTOR AS PRINCIPAL
Company:
SURETY
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Signature:
Name and Title:
(Seal)
(Seal)
Surety's Name and Corporate Seal
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By:
Signature and Title
(Attach Power of Attorney)
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Attest:
Signature and Title:
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ElCDC No. C-615 (2002 Edition)
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General
Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors.
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1. Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors, and assigns to Owner to pay for labor,
materials, and equipment furnished by Claimants for use in the performance of
the Contract, which is incorporated herein by reference.
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2. With respect to Owner, this obligation shall be null and void if Contractor:
2.1. Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
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2.2. Defends, indemnifies, and holds harmless Owner from all claims,
demands, liens, or suits alleging non-payment by Contractor by any
person or entity who furnished labor, materials, or equipment for use
in the performance of the Contract, provided Owner bas promptly
notified Contractor and Surety (at the addresses described in
Paragraph 12) of any claims, demands, liens, or suits and tendered
defense of such claims, demands, liens, or suits to Contractor and
Surety, and provided there is no Owner Default.
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3. With respect to Claimants, this obligation shall be null and void if
Contractor promptly makes payment, directly or indirectly, for all sums due.
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4. Surety shall have no obligation to Claimants under this Bond until:
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4.1. Claimants who are employed by or have a direct contract with
Contractor have given notice to Surety (at the addresses described in
Paragraph 12) and sent a copy, or notice thereof, to Owner, stating
that a claim is being made under this Bond and, with substantial
accuracy, the amount of the claim.
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4.2. Claimants who do not have a direct contract with Contractor:
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1. Have furnished written notice to Contractor and sent a copy, or
notice thereof, to Owner, within 90 days after having last
performed labor or last furnished materials or equipment included
in the claim stating, with substantial accuracy, the amount of the
claim and the name of the party to whom the materials or
equipment were furnished or supplied, or for whom the labor was
done or performed; and
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2. Have either received a rejection in whole or in part from
Contractor, or not received within 30 days of furnishing the above
notice any communication from Contractor by which Contractor
had indicated the claim will be paid directly or indirectly; and
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3. Not having been paid within the above 30 days, have sent a written
notice to Surety and sent a copy, or notice thereof, to Owner,
stating that a claim is being made under this Bond and enclosing a
copy of the previous written notice furnished to Contractor.
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5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to
Contractor or to Surety, that is sufficient compliance.
6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety
shall promptly and at Surety's expense take the following actions:
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6.1. Send an answer to that Claimant, with a copy to Owner, within 45
days after receipt of the claim, stating the amounts that are undisputed
and the hasis for challenging any amounts that are disputed.
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6.2. Payor arrange for payment of any undisputed amounts.
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7. Surety's total obligation shall not exceed the amount of this Bond, and the
amount of this Bond shall be credited for any payments made in good faith by
Surety .
-""-;":.,-.~~",,,,,-- -........,.........,..-......
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8. Amounts owed by Owner to Contractor under the Contract shall be used for
the performance of the Contract and to satisfy claims, if any, under any
performance bond. By Contractor furnishing and Owner accepting this Bond,
they agree that all funds earned by Contractor in the performance of the
Contract are dedicated to satisfy obligations of Contractor and Surety under this
Bond, subject to Owner's priority to use the funds for the completion of the
Work.
9. Surety shall not be liable to Owner, Claimants, or others for obligations of
Contractor that are unrelated to the Contract. Owner shall not be liable for
payment of any costs or expenses of any Claimant under this Bond, and shall
have under this Bond no obligations to make payments to, give notices on
behalf of, or otherwise have obligations to Claimants under this Bond.
10. Surety hereby waives notice of any change, including changes of time, to
the Contract or to related Subcontracts, purchase orders and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other
than in a court of competent jurisdiction in the location in which the Work or
part of the Work is located or after the expiration of one year from the date (I)
on which the Claimant gave tbe notice required by Paragraph 4.1 or Paragraph
4.2.3, or (2) on which the last labor or service was performed by anyone or the
last materials or equipment were furnished by anyone under the Construction
Contract, whichever of (I) or (2) first occurs. If the provisions of this
paragraph are void or prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the suit shall be
applicable .
12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the
addresses shown on the signature page. Actual receipt of notice by Surety,
Owner, or Contractor, however accomplished, shall be sufficient compliance as
of the date received at the address shown on the signature page.
13. When this Bond has been furnished to comply with a statutory requirement
in the location where the Contract was to be performed, any provision in this
Bond conflicting with said statutory requirement shall be deemed deleted
herefrom and provisions conforming to such statutory requirement shall be
deemed incorporated herein. The intent is that this Bond shall be construed as
a statutory Bond and not as a common law bond.
14. Upon request of any person or entity appearing to be a potential
beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond
or shall permit a copy to be made.
15. DEFINITIONS
15.1. Claimant: An individual or entity having a direct contract with
Contractor, or with a first -tier subcontractor of Contractor, to furnish
labor, materials, or equipment for use in the performance of the
Contract. The intent of this Bond shall be to include without
limitation in the terms "labor, materials or equipment" that part of
water, gas, power, light, heat, oil, gasoline, telephone service, or
rental equipment used in the Contract, architectural and engineering
services required for performance of the Work of Contractor and
Contractor's Subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction where the labor,
materials, or equipment were furnished.
15.2. Contract: The agreement between Owner and Contractor identified on
the signature page, including all Contract Documents and changes
thereto.
15.3. Owner Default: Failure of Owner, which has neither been remedied
nor waived, to pay Contractor as required by the Contract or to
perform and complete or comply with the other ternlS thereof.
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FOR INFORMATION ONLY - Name, Address and Telephone
Surety Agency or Broker:
Flynn Insurance Agency
P.O. Box 711
Great Falls, MT 59403
(406) 453-1464
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Owner's Representative (engineer or other parly):
--, -'
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.<
1875856
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THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to
the extent herein stated.
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LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
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KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
JOHN D. LEAF, MARK S. NICHOLLS, CHRIS JERMUNSON, BILLY J. BOLT, JENNY TAUB-5MITH, BETH A. WINDOM,
JAMIE M. ROE, MICHAEL E. DEPNER, ROSE ST. CLAIR, ALLOFTHE CITY OF GREAT FALLS, STATE OF MONTANA....
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.............".......11.111........................"............"..."..........................11111...........................".....".""....................."...........111......"......"".......111......
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, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, reo cognizances. and other surety obligations in the penal sum not exceeding
FIFTY MilLION AND 00/100********"*********** DOLLARS ($ 50,000,000.00***** ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in .pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
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ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
Chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
LIBERTY MUTUAL INSURANCE COMPANY
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_ By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
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.a I: Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
I~ l!! authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
~ deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
_ ~ That the By-laW end the AuthoM,.,o" 'et forth above aro "ue oop'e, the<eot end ero "OW '" lull fo~e end effect
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II: ; COMMONWEALTH OF PENNSYLVANIA ss
v, COUNTY OF MONTGOMERY
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t: J!! On this ....&UL day of Januarv , 2QQ.2. , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
10.5 that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
ep Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
." i IN TESTIMONY WH umo ,"""ribed my ~e end affi,ed my _rial ..el at Plymouth Mee'"g, Pem"ytve"'a, 00 the day a"" ye..
II fienab",ewriffe" ~===.'"_ By ~ ~
~'=:x~ Teresa Pastella, Notary Public
iAo",~., .1""~$0v.mn A.aooiallon of l'lll1.rlu
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 24th day of January
2006
f;9~.
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By~4 IV- .c:a"~
Garnet W. Elliott, Assistant Secretary
CERTIFICATE
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I, the undersigned, Assistan retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in ArtiCle
XIII, Section 5 of the By~laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed. .
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IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this
o g~~fif~1~i,em~
day of
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GENERAL CONDITIONS
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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 Law.
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
FUNDING AGENCY EDITION
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
it. National Society of
. . Professional Engineers
.... F'roI#1$$lonal EnglnfefS In PrlVJt8 PnlcliC8
JlS' ell! American Society
~ 5 of Civil Engineers
~ -----
ACEC
AMI1~.(,.~ U:~U~cJt n~: E,1\iCHt;l!1t;IO.'N'(:: CJ;)'MI",I,;NlES
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERiCAN COUNCIL OF ENGINEERING COMPANIES
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The Associated General Contractors of America
and the
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Construction Specification Institute
'ftI. Knowledge JoT CllillIing
-.. am; Suslaining
the Buill Environment
EJCOC C-710 Standard General Conditions of the Construction Contract, Funding Agency Edition
Copyright@ 2002 National Society of Professional Engineers for EJCOC. All rights reserved.
00710 - 1
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-:':".':''''-';0;~-:'":'~',~W.::-;~0::"~''''T;:'''~~:'r;:~-:::'-''''1''7"''~''''''T'"'''~,~,?:~'1"':iT"'r"~"'~;:""~"'''-7"':'""7"--:-~:~'';'I'~-:-;-:-r...........,~".'!"'
These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and
Contractor Funding Agency Edition No. C-521 (2002 Edition). Their provisions are interrelated and a change in one
may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction
Documents, General and Instructions (No. C-OOl, 2002 Edition). For guidance in the preparation of Supplementary
Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800, 2002 Edition).
Copyright@ 2002 National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
(703) 684-2882
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
(202) 347-7474
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American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20] 9] -4400
(800) 548-2723
EJCDC C-7JO Standard General Conditions ofthe Construction Contract, Funding Agency Edition
Copyright <tl2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00710 - 2
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T ABLE OF CONTENTS
Page
Article I - Definitions and Terminology ........................................................................................................................................... 6
1.01 Defined Terms.............. ....... ............... ........... ................ .......... ............... ........... ............ ...... ....... ................................ 6
1.02 Terminology. ..... ........ ....... ........... ..... ............... ........... .......... .................... .................... ................ ... .............. ... .... ...... 9
Article 2 - Prelilninary Matters ........................................................................................................................................................ 10
2.01 Delivery of Bonds and Evidence of Insurance................................................................................. ....................... 10
2.02 Copies of Documents ... ....... ..................... .................... .... ... ........................................ ...................... ......... ... .... ....... 10
2.03 Commencement of Contract Times; Notice to Proceed..........................................................................................10
2.04 Starting the Work..................................................................................................................................................... II
2.05 Before Starting Construction ................................................................................................................................... 11
2.06 .Preconstruction Conference ........... ................. .................................. .............................................. ..................... .... 11
2.07 Initial Acceptance of Schedules.................................................................................. .............................................11
Article 3 - Contract Documents: Intent, Amending, Reuse ........................................................................................................... II
3.01 Intent..... ... ................. ....... ....... ....... ............. .............. ........ ..... ................ ................ ..... ... ...... ...... .........:......'...... ..... .... 11
3.02 Reference Standards. ...... ... ......................................... ..... ... ...... ............ ............................ .............. ........ ........... ...... 12
3.03 Reporting and Resolving Discrepancies. ............................. .......................................... ....... ................ ....... ............ 12
3.04 Amending and Supplementing Contract Documents.............................................................................................. 13
3.05 Reuse of Documents ..... ..... .... ...................... ........................ ............................................................ ....... ...... ........... 13
3.06 Electronic Data...................................................... ................................................................................................... 13
Article 4 - Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points
...........................................................................................................................................................................................................13
4.0 I Availability of Lands. ................................ ............. ............ ............... .................... ....... .................. ......... ................ 13
4.02 Subsurface and Physical Conditions .......................................................................................................................14
4.03 Differing Subsurface or Physical Conditions..........................................................................................................14
4.04 Undergrolmd Facilities .... ......................... ....................... .... ............. ....... .................. ................ ..... .............. ....... .... 15
4.05 Reference Points ............................................................................................................................. ................... ...... 16
4.06 Hazardous Environmental Condition at Site ...........................................................................................................16
Article 5 - Bonds and Insurance....................................................................................................................................................... 18
5.01 Performance, Payment, and Other Bonds ...............................................................................................................18
5.02 Licensed Sureties and Insurers ..............................................................................hh.............................................. 18
5.03 Certificates of Insurance ..... .............................. ............... .................. .......... .................. ................. ........ ........... ...... 18
5.04 Contractor's Liability Insurance ............................................................................................................. ................. 18
5.05 Owner's Liability Insurance ....................................................................................................................................19
5.06 Property Insurance.... .... ............................... ....................... ............................ ............ ....... ..... ........ .................. .... ...20
5 .07 Waiver of Rights .............. .......................................................................................... ... ..... ............. ..... ......... .... ... ....21
5.08 Receipt and Application of Insurance Proceeds...................................................................................................... 21
5.09 Acceptance of Bonds and Insurance; Option to Replace........................................................................................ 22
5.10 Partial Utilization, Acknowledgment of Property lnsurer ...................................................................................... 22
Article 6 - Contractor's Responsibilities.............. ..........;..... ................. .............................. ............................ ........ ........ ... ...... ........ 22
6.01 Supervision and Superintendence........ ........ ................. .......... .............. .... ............... ....................... ...... ......... ..........22
6.02 Labor; Working Hours.. ...... ... ................ ....... ................ ...... ..... ...... ........ .................... ................ ..... ...... ........ ....... ....22
6.03 Services, Materials, and Equipment ........................................................................................................................ 22
6.04 Progress Schedule .. ....... ... ...... ..... .................... ....... ........ ..... ..... .............. ................... .............. ........ .....;. .................23
6.05 Substitutes and "Or-Equals" ........ ................ .................... ............ ....... ........ .............. ............... ............. ..... ........ ......23
6.06 Concerning Subcontractors, Suppliers, and Others ................................................................................................ 25
6.07 Patent Fees and Royalties .........................................................................................................._............................. 26
6.08 Pern1its............ ............... ........ ..... ............. .......... ....... ......... ........................... ............... ............. ................................ 26
6.09 Laws and Regulations .................................................................................................... ..........................................26
6.10 Taxes ...... .................. ........... ............ ....... ............ ............ ......................... ........ ............ ....... .............. ........................ 27
EJCOC C-710 Standud General Conditions ofthe Construction Contract, Funding Agency Edition
Copyright <tJ 2002 National Society of Professional Engineers for EJCOC. All rights reserved.
00710.3
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6.11 Use of Site and Other Areas ....................................................................................................................................27
6.12 Record Documents.. ............. ........ ............. ...... .......... .................. ........ ..... ...... ...... ............ ............ .......... ........ .......... 28
6.13 Safety and Protection ............................................................................................................................................... 28
6.14 Safety Representative..... ................. ............. ..... .............. ...... .............. .............. ........ ....... .............. ........... ...............28
6.15 Hazard Communication Programs .......................................................................................................................... 28
6.16 Emergencies............ .......'......... ........... ....................... ........... ................. ................... ....... ......... ............. ..................29
6.17 Shop Drawings and Samples ...................................................................................................................................29
6.18 Continuing the Work ................................................. .............................................................................................. 30
6.19 Contractor's General Warranty and Guarantee....................................................................................................... 30
6.20 Indemnification......... .............. ....... ....... ....... ........ ......... ........ .... .......... .... ....... ............................. ............. .... ............ 31
6.21 Delegation of Professional Design Services ........................................................................................................... 31
Article 7 - Other Work at the Site ....................................................................................................................................................32
7.01 Related Work at Site ................................................................................................................................................ 32
7.02 Coordination............................................................................................................................................................ . 32
7.03 Legal Relationships....................... ........................................................................................................................... 33
Article 8 - Owner's Responsibilities........ ..... ....................... ................. ........... ......... .............. ...... .................... ........ ...... ................. 33
8.01 Conununications to Contractor .......................... ..... ....................... ................,......~.............................. ........ ...... ......33
8.02 Replacement of Engineer ............ ....................... ........ ... .............. ...... .............. ..................................... ........ ............ 33
8.03 Furnish Data............................................................................................................................................................. 33
8.04 Pay When Due ........ .................... ................... ........ ....... ................. ... ........ ..... ...................................... ... .............. ...33
8.05 Lands and Easements; Reports and Tests................................................................................................................ 33
8.06 Insurance .............. ....................... .............................. ............................. ......... ................. ....................... ...... ...........33
8.07 Change Orders ..... ...... ................. .......................... ................. ..................................................... ............... ... ..... ......34
8.08 Inspections, Tests, and Approvals ................................................................:..........................................................34
8.09 Limitations on Owner's Responsibilities ................................................................................................................ 34
8.10 Undisclosed Hazardous Environmental Condition ................................................................................................. 34
8.11 Evidence of Financial Arrangements ......................................................................................................................34
Article 9 - Engineer's Status During Construction..........................................................................................................................34
9.0 I Owner's Representative. .............. ................ ................. .................... ..... ............ ....................... .............. ................. 34
9.02 Visits to Site ............................................................................................................................................ .................34
9.03 Project Representative ................ ................. ..... ....... ................ ........ .... ........... ............................................ .............35
9.04 Authorized Variations in Work ............................................................................................................................... 35
9.05 Rejecting Defective Work .......................................................................................................................................35
9.06 Shop Drawings, Change Orders and Payments ...................................................................................................... 35
9.07 Determinations for Unit Price Work .......................................,............................................................................... 35
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work.................................................. 35
9.09 Limitations on Engineer's Authority and Responsibilities ..................................................................................... 36
Article 10 - Changes in the Work; Claims....................................................................................................................................... 36
10.01 Authorized Changes in the Work ............................................................................................................................ 36
10.02 Unauthorized Changes in the Work ........................................................................................................................ 37
10.03 Execution of Change Orders......................................... .............. .............. ......... ................ ....... ............................... 37
10.04 Notification to Surety............ ......... ...... ......................... .............. ....... ....................................... ...... ........ .................. 37
1 0.05 Claims.. ..................................................................................................................................................................... 37
Article 11 - Cost of the Work; Allowances; Unit Price Work ........................................................................................................ 38
11.01 Cost of the Work ..................................................................................................................................... .................38
11.02 Allowances ........ ............ .......... ................... ........... ..... ............... ............. ......... . "'......... ....... ............. .............. ...... ..... 40
11.03 Unit Price Work ................................................................................................~...................................................... 40
Article 12 - Change of Contract Price; Change of Contract Times ................................................................................................ 41
12.01 Change of Contract Price..................... ..................................................................................... ............ ................... 41
12.02 Change of Contract Titnes .................................................................................................................... ................... 42
12.03 Delays..... ......... ................. .................... ...... .................... ........ .............. ........... ............ ............... ..............................42
EJCDC C- 710 Standard General Conditions of the Construction Contract, Funding Agency Edition
Copyright 10 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00710 - 4
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Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work........................................................43
13.0 I Notice of Defects............ ................ ......... ........ .............. .....0...... ...... ......... .................. ............. ...... .............. ............43
13.02 Access to Wark... ............... .....0.. h. h. .............. ........ .........0...0... .................. .......................... ............... ......................43
13.03 Tests and Inspections .... ............. ..... ............ 0................. ........ ..... ....... ............. ...... .................. ..................................43
13.04 Uncovering Work ...... ....... ............ ...... ........... ................ ................................... .............. ......... ............ ..... .... ..... ...... 43
13.05 Owner May Stop the W ork......................................................................................................................................44
13.06 Correction or Removal of Defective Work .................. ........................................................................................... 44
13.07 Correction Period ...... .............. ... ..................................... ........ ...... ........ ............. ................... ....0...... .................... .... 44
13 .08 Acceptance of Defective Work .................. .............. ............ ........ ...... ........................... ................. ............. ............45
13.09 Owner May Correct Defective Work ......................................................................................................................45
Article 14 - Payments to Contractor and Completion ....'................................................................................................................. 46
14.0 I Schedule ofYalues ... .... ........... ......................... ............ ....................... ....... ....... ................ .0.... ....... ........ .... ............. 46
14.02 Progress Payments ........ ..... ........... .............. ............ ...........0.... ............ ........ ... ... ................. ...... ................................46
14.03 Contractor's Warranty of Title .................0..............................................................................................................48
14.04 Substantial Completion............................................................................................................................................ 48
] 4.05 Partial Utilization... ............ ..... .......... .............. ................. ..... ................ ................... ................ ...... ...... ....... ......... ....49
14.06 Final Inspection...,.................................................................................................................................................. .. 49
] 4.07 Final Payment" .... ........... ... .......... ....... ............ ....... ......... ..... ...... ............. .......... ................ ......... ...... ................ ... .......49
14.08 Final Completion Delayed ......... ..............................................................................................................................50
14.09 Waiver of Claims .....................................................................................................................................................51
Article 15 - Suspension of Work and Termination .........................................................................................................................5]
]5.0] Owner May Suspend Work .....................................................................................................................................51
15.02 Owner May Tenninate for Cause ......................................................................0.....................................................5]
15.03 Owner May Terminate For Convenience................................................................................................................ 52
15.04 Contractor May Stop Work or Terminate ...............................................................................................................52
Article 16 - Dispute Resolution .......................................................................................................................................................53
16.0 I Methods and Procedures.... ..... ...................... ....... .................... .......................................... .................... .............. ....53
Article 17 - Miscellaneous ...............................................................................................................................................................53
] 7.0 I Giving Notice ........................ ...................... ......... ......... ........ ...... .... ....... ................................................ ..................53
17.02 Computation of Times .............................................................................................................................................53
17.03 Cumulative Remedies ........... ..... .............. ............... ....... ....... ............................ .............. .... ..... ....... ...... ......... ..... .....53
17.04 Survival of Obligations ...... ........... .............. ........ ....... .............. ....... .................. ..................... ........... ............ ...........54
] 7.05 Controlling Law........ .............. ...... ....... ....... ......... ...... ................ ........ ....... ........ ................. ....... ................ ........... ....54
] 7.06 Headings............ ................. ..... ............ ...... ............................ ........ ...... .............. .............................. ...... .... .... .... ... ....54
Article] 8 - Federal Requirements ............................................... ................................................................................. ................... 54
18.0 I Agency Not a Party ..................................................................................................................................................54
18.02 Contract ApprovaL... ........... ......... ........... .............. ....... ............. ............... ........ .... .......................... .............. .... .......54
18.03 Conflict of Interest ........... ............. ........... ... .......................... ........................................................................ ..... ......54
] 8.04 Gratuities ...... ........ ......... ................ ... ....... ..................... ...................0..................................................... ...... ....... ......54
] 8.05 Audit and Access to Records................................................................................................................................... 55
18.06 Small, Minority and Women's Businesses.............h...............................................................................................55
18.07 Anti-Kickback....................................................................................................................................................... ... 55
18.08 Clean Air and Pollution Control Acts ..................................................................................................................... 55
18.09 State Energy Policy ............................................................................................................................... ................... 55
J 8.1 0 Equal Opportunity Requirements ............................................................................................................................55
18.11 Restrictions on,"-,obbying ................. .... ................ ............ ...................... ........ ......... ................. .......................... ...... 56
18.12 Environmental Requirements .......... ................. ..... ....... ......... .................................................. .................... ...... ...... 56
EJCDC C-710 Standard General Conditions of the Construction Contract, Funding Agency Edition
Copyright <tJ 2002 National Societ)' of Professional Engineers for EJCDC. All rights reserved.
00710 - 5
GENERAL CONDITIONS
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
tenns 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.
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1. Addenda ~ Written or graphic instruments issued prior to the opening of Bids which clarity, correct, or change
the Bidding Requirements or the proposed Contract Documents. I
2. Agency ~ The Federal or state agency named as such in the Agreement.
'3. Agreement - The written instrument which is evidence of the agreement between Owner and Contractor I
covering the Work.
4. Application for Payment - The form acceptable to Engineer which is to be used by Contractor during the I.
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.
5. Asbestos - Any material that contains more than one percent asbestos and is friable or is releasing asbestos I,
fibers into the air above current action levels established by the United States Occupational Safety and Health
Administration.
6. Bid-The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work I
to be perfonned.
7. Bidder- The individual or entity who submits a Bid directly to Owner. I
8. Bidding Documents ~ The Bidding Requirements and the proposed Contract Documents (including all
Addenda).
9. Bidding Requirements - The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of
acceptable fonn, if any, and the Bid Form with any supplements.
10. Change Order - A document recommended by Engineer which is signed by Contractor and Owner and
Agency 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.
11. 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.
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12. 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.
13. 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's submittals,
and the reports and drawings of subsurface and physical conditions are not Contract Documents.
EJCDC C-7HI Standard General Conditions ofthe Construction Contract, Funding Agency Edition
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14. 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).
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15. 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.
16. Contractor - The individual or entity with whom Owner has entered into the Agreement.
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17. Cost of the Work - See Paragraph 11.01.A for definition.
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18. 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.
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19. 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.
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20. Engineer - The individual or entity named as such in the Agreement.
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21. 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.
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General Requirements - Sections ofDivisioll I of the Specifications. The General Requirements pertain to all
sections of the Specifications.
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23.
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 in connection with the Work.
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24. 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.
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25. 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.
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26. Liens - Charges, security interests, or encumbrances upon Project funds, real property, or personal property.
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27. 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.
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28. Notice of A ward - 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.
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29. Notice to Proceed - A written notice given by Owner to Contractor fixing the date on which the Contract
Times will commen~e to run and on which Contractor shall start to perform the Work under the Contract
Documents. ·
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30. Owner - The individual or entity with whom Contractor has entered into the Agreement and for whom the
Work is to be performed.
3 ]. PCBs - Polychlorinated biphenyls.
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EJCDC C-710 Standard General Conditions ofthe Construction Contract, Funding Agency Edition
Copyright iP 2002 National Society of Professional EnginL'CrS for EJ CDC. All rights reserved.
00710 - 7
32. 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.
33. 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.
34. Project- The total construction of which the Work to be performed under the Contract Documents may be the
whole, or a part.
35. 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.
36. Radioactive Material ~ Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of
1954 (42 USC Section 20 II et seq.) as amended from time to time.
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37. Related Entity - An officer, director, partner, employee, agent, consultant, or subcontractor.
38. Resident Project Representative ~ The authorized representative of Engineer who may be assigned to the Site
or any part thereof.
39. 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.
40. 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. 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. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information which are
specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some
portion of the Work.
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43. 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 I
by Owner which are designated for the use of Contractor.
44. 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 I
requirements and procedural matters applicable thereto.
45. Subcontractor - An individual or entity having a direct contract with Contractor or with any other
Subcontractor for the performance ofa part of the Work at the Site.
46. 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. Successful Bidder ~ The Bidder submitting a responsive Bid to whom Owner makes an award.
EJCDC C-710 Standard General Conditions ofthe Construction Contract, Funding Agency Edition
Copyright It! 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00710 - 8
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48. Supplemental)! Conditions - That part of the Contract Documents which amends or supplements these
General Conditions.
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49. 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 any Subcontractor.
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50. 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.
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51. Unit Price Work - Workto be paid for on the basis of unit prices.
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52. 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.
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53. Work Change Directive ~ A written statement to Contractor issued on or after the Effective Date of the
Agreement and signed by Owner and Agency upon reconunendation of the 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 perfoffi1ed 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.
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1.02
Terminology
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A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents,
have the following meaning.
B. Intent of Certain Terms or Adjectives
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1. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "a<; 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 oflike 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 requirements of and information in the Contract Documents and conformance with the design
concept of the completed 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.
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C. Day
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]. The word "day" means a ca~ndar day of24 hours measured from midnight to the next midnight.
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EJCOC C-710 Standard General Conditions of the Construetion Contract, Funding Agency Edition
Copyright @ 2002 National Society of Professional Engineers for EJCOC. All rights reserved.
00710- 9
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D. Defective
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1. The word "defective," when modifYing the word "Work," refers to Work that is unsatisfactory, faulty, or I
deficient in that it:
a. does not conform to the Contract Documents, or
b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred I
to in the Contract Documents, or
c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the I
protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph
14.04 or 14.05).
E. Furnish, Install, Perform, Provide
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1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and
deliver &aid services, materials, or equipment to the Site (or some other specified location) ready for use or I
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 I
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 which have a well-known technical or
construction industry or trade meaning are used in the Contract Documents in accordance with such recognized
meaning.
ARTICLE 2 - PRELIMINARY MATTERS
2.01
Delivery of Bonds and Evidence 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 any Work at the Site is started, Contractor and Owner shall each deliver to 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 and Owner respectively are required to purchase and maintain in accordance with Article 5.
2.02
Copies of Documents
2.03
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.
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Commencement ofConiract Times; Notice to Proceed
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A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a
Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any I
time within 30 days after the Effective Date of the Agreement.
EJCnCC-71O Standard Gcneral Conditions ofthc Construction Contract, Funding Agency Edition I.
Copyright iO 2002 National Society of Professional Engineers for EJCne. All rights reserved.
00710 - 10
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2.05
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 dune at the Site prior to the date on which the Contract Times conunence to run.
Before Starting Construction
A. Preliminary Schedules: Within] 0 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;
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. '
2.06 Preconstrnction Conference
2.07
A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, Agency, 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.
Initial Acceptance of Schedules
A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor,
Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the
schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional lO days to make
corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to
Contractor until acceptable schedules are submitted to Engineer.
1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to
completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the
Pro~,'ress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve
Contractor trom Contractor's full responsibility therefor.
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.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
,.
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A. The Contract Documents are complementary; what is required by one is as binding as if required by all.
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 may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage
EJCne C-710 Standard General Conditions of the Construction Contract, Funding Ageocy Edition
Copyright <!j 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00710-11
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"'IT"""""""......".....~~_.......,........'-'.'':'''''"m_''"""7'''''''~.~"-''".~,.._.'''..,.';~'_. - ... ._, ,...,., ."~;r:;~,',"<".' ,.";':'1!'7~~-~
as being required to produce the intended 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, or Engineer, or any of their Related Entities, 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 may discover and shall obtain a written
interpretation or clarification from Engineer before proceeding with any Work affected thereby.
2. Contractor's Review of Contract Documents During Peiformance o.fWork: If, during the performance of the
Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or
between the Contract Documents and any provision of any Law or Regulation applicable to the performance
of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier,
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.l6.A) until an amendment or supplement to the
Contract Documents has been issued by one of the methods indicated in Paragraph 3.04.
3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or
discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof.
B. Resolving Discrepancies
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1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract I
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, code,~or instruction (whether or not specifically I
incorporated by reference in the Contract Documents); or
b. the provisions of any Laws or Regulations applicable to the petioffi1ance of the Work (unless such an
interpretation of the provisions of the Contract Documents would result in violation of such Law or I
Regulation).
EJCDC C-710 Standard General Conditions of the Construction Contract, Funding Agency Edition
Copyright@ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00710.12
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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 temlS 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 ofa 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:
I. 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 Engineer's consultants, including
electronic media editions; or
2. reuse any of 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 adaption
by Engineer.
B. The prohibition of this Paragraph 3.05 will survive final payment, or tennination of the Contract. Nothing herein
shall preclude Contractor from retaining copies of the Contract Documents for record purposes.
3.06
Electronic Data
A. Copies of data furnished by Owner or Engineer to Contractor or 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 6O-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 0.( Lands
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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 pennanent structures or penn anent changes in
existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any,
EJCDC C -710 Standard General Conditions of the Construction Contract, Funding Agency Edition
Copyright It! 2002 National Society of Professional Engineers for EJCnc. All rights reserved.
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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 perfornled and Owner's interest therein as necessary
for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable
Laws and Regulations.
C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction
facilities or storage of materials and equipment.
4.02
Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identifY:
I. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has
used in preparing the Contract Documents; and
2. those drawings of physical conditions in or relating to eXlstmg surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract
Documents.
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general 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
Related Entities with respect to:
I. 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
Difjering SubsUlface or Physical Conditions
A. Notice: If Contractor believes that any subsurface or physical condition at or contiguous to the Site 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 froin that shown or indicated in the Contract Documents; or
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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 I
physical conditions or performing any Work in connection therewith (except in an emergency as required by
EJCDC C-710 Standard General Conditions ofthc Construction Contract, Funding Agency Edition ~I.
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4.04
Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb
such condition or perronn any Work in connection therewith (except as aforesaid) until receipt of written order to
do so.
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
I. 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, perfonnance ofthe Work; subject, however, to the following:
a. such condition must meet anyone 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, Owner and Engineer, and any of their Related Entities 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.
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; and
2. the cost of all of the following will be included ll1 the Contract Price, and Contractor shall 'have full
responsibility for:
a. reviewing and checking all such infonnation and data,
b.
locating all Underground Facilities shown or indicated in the Contract Documents,
EJ CDC C -710 Standard General Conditions of the Construction Contract, Funding Agency Edition
Copyright'l) 2002 National Society of Professional Engineers for EJCDC. All right, reserved.
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c. coordination of the Work with the owners of such Underground Facilities, including Owner, during
construction, and
d. the safety and protection of an such Underground Facilities and repairing any damage thereto resulting
from the Work.
B. Not Shown or Indicated
I. 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 shan,
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 shaH 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 win 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.
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 shaH be responsible for laying
out the Work, shaH 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 shaH 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 shaH 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: Reference is made to the Supplementary Conditions for the identification of those reports
and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized
by the Engineer in the preparation of the Contract Documents.
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general 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
Related Entities with respect to:
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1. the completeness of such reports and drawings for Contractor's purposes, incl~ding, but not limited to, any I
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 I
drawings; or
EJCDC C-710 Standard General Conditions ofthe Construction Contract, Funding Agency Edition
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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.l6.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.
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 deiivered to Contractor written notice: (i)
specifYing that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii)
specifYing any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot
agree as to entitlement to or on the amount or extent, if any, of any adjustment in 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 S::laim therefor as provided in Paragraph 10.05.
F. lfafterreceipt 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 indenmifY and hold harmless Contractor,
Subcontractors, and Engineer, and the officers, directors, 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 (in 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 pennitted by Laws and Regulations, Contractor shall indenmifY and hold harmless Owner and
Engineer, and the officers, directors, 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 responsiblj:. Nothing in this Paragraph 4.06. H shall obligate Contractor to indemnify any individual
or entity from and again~t the consequences of that individual's or entity's own negligence.
I. 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.
EJ CDC C-710 Standard General Conditions of the Construction Contract, Jiunding Agency Edition
Copyright <<) 2002 National Society of Professional Engineers for EJCDC. All rights rcserved.
00710 -17
ARTICLE 5 - BONDS AND INSURANCE
5.01 Pe/:formance, Payment, and Other Bonds
A. Contractor shall furnish perfom1ance 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 current 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 must be accompanied by a certified copy of the agent's authority to
act.
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
ofparagmphs 5.01.B 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 afInsurance
A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional
insured) which Contractor is required to purchase and maintain.
B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other
additional insured) which Owner is required to purchase and maintain.
5.04 Contractor's Liability Insurance
A. Contractor shall purchase and maintain such liability and other 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 perfonn any of the Work, or by anyone for whose acts any of them may be liable:
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I. 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 Contractor's
employees;
EJCDC C-710 Standard General Conditions of the Construction Contract, Funding Agency Edition
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3. claims for damages because of bodily injury, sickness or disease, or death of any person other than
Contractor's employees;
4. claims for damages insured by reasonably available personal injury liability coverage which are sustained:
a. by any person as a result of an offense directly or indirectly related to the employment of such person by
Contractor, or
b. by any other person for any other reason;
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, include as additional
insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, 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, 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 completed operations insurance;
4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and
6.20;
5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or
renewal refused until at least 30 days 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);
6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting,
removing, or replacing defective Work in accordance with Paragraph 13.07; and
7. with respect to completed operations insurance, and any insurance coverage written on a claims-made basis,
remain in effect for at least two years after final payment.
a. Contractor shall furnish Owner and each other additional insured identified in the Supplementary
Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any
such additional insured of continuation of such insurance at final payment and one year thereafter.
5.05
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Owner's Liability Insurance
A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's
option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner
against claims which may arise from operations under the Contract Documents.
EJCDC C-710 Standard General Conditions ofthe Construction Contract, Funding Agency Edition
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00710 -19
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5.06
Property Insurance
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A. Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain property I
insurance upon the Work at the Site in the amount of the full replacement cost thereof (Contractor shall be
responsible for any deductible or self-insured retention.). This insurance shall:
1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities
identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents,
consultants and subcontractors of any ofthem, each of whom is deemed to have an insurable interest and shall
be listed as an insured or additional insured;
2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least
include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and
equipment in transit, and shall insure against at least the 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 caused by flood), and such
other perils or causes of loss as may be specifically required by the Supplementary Conditions;
3. inciude 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 stored at the Site or at another location that was agreed to in writing by Owner
prior to being incorporated in the Work, provided that such materials and equipment have been included in an
Application for Payment recommended by Engineer;
5. allow for partial utilization of the Work by Owner;
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 30 days written notice to each other additional insured to whom a certificate of
insurance has been issued.
B. Contractor shall purchase and maintain such boiler and machinery 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, and Engineer, and any other individuals or entities identified in the
Supplementary Conditions, and the officers, directors, 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 an insured or
additional insured.
C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and
maintained in accordance with 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 30 days prior written notice has been
given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been
issued and will contain waiver provisions in accordance with Paragraph 5.07.
D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph
5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible
amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible
amount ~ilI be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes
property insurance coverage within the limits of such amounts, each may purchase and maintain it at the
purchaser's own expense.
EJCDC C-710 Standard General Conditions of the Construetion Contract, Funding Agency Edition
Copyright ItJ 2002 National Society of Professional Engineers for EJCDC. All right~ reserved.
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5.07
5.08
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, and all other individuals or entities identified in the Supplementary
Conditions to be listed as insureds or additional insureds (and the officers, directors, 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 additional insureds thereunder. Owner and Contractor waive all rights
against each other and their respective officers, directors, 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, and all other individuals or entities
identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors,
partners, employees, agents, consultants and subcontractors of each and any ofthem) under such policies for losses
and danmges 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 Contractor as trustee or otherwise payable under any policy so
issued.
B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, 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 5.07.8 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,
and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any ofthem.
Receipt and Application of Insurance Proceeds
A. A11Y insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Contractor and
made payable to Contractor as fiduciary for the insureds, as their interests may appear, subject to the requirements
of any applicable mortgage clause and of Paragraph 5.08.B. 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.
B. Contractor as fiduciary 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 ofloss to Contractor's exercise of this power. If
such objection be made, Contractor as fiduciary shall make settlement with the insurers in accordance with such
agreement as the parties in interest rpay reach. If no such agreement among the parties in interest is reached,
Contractor as fiduciary shall adjust ant! settle the loss with the insurers and, if required in writing by any party in
interest, Contractor as fiduciary shall give bond for the proper performance of such duties.
EJCDC C -7] 0 Standard General Conditions of the Construction Contract, Fnnding Agency Edition
Copyright iD 2002 National Society of .Professional Engineers for EJCDC. All rights reserved.
00710,21
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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 o.fProperty 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 J1rovided in Paragraph 14.05, no such use or occupancy shall commence before the insurers
providing the property insurance pursuant to Paragraph 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 Docwnents. 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. The
superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of
Contractor. All communications given to or received from the superintendent shaJl be binding on Contractor.
6.02
Labor; Working Hours
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A. Contractor shall provide competent, suitably qualified personnel to survey and layout the Work and perform
construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and I
order at the Site.
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 (which will not be unreasonably withheld) given after prior written notice
to Engineer. ;
6.03
Services, Materials, and Equipment
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A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for I
all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances,
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6.05
fuel, power, light, heat, telephone, water, sanitary facilities, temporaty facilities, and all other facilities and
incidentals necessary for the performance, testing, start-up, and completion ofthe 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 ofthe applicable Supplier, except as otherwise may be provided in the
Contract Documents.
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.
1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed
adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments
will comply with any provisions of the General Requirements applicable thereto.
2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in
accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a
Change Order.
Suhstitutes 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 proprietaty 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" itc:im 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: Ifin 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 I, 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:
I) 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;
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3) it has a proven record of performance and availability of responsive service; and
b. Contractor certifies that, if approved and incorporated into the Work:
I ) there will be no increase in cost to the Owner or increase in Contract Times, and
EJCDC C-710 Standard General Conditions ofthe Construction Contract, Funding Agency Edition
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00710 - 23
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2) it will conform substantially to the detailed requirements of the item named In the Contract
Documents.
2. Substitute Items
a. Ifin 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.l, it will be considered a proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that 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 procedure requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as
supplemented in 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:
I) shall certify that the proposed substitute item will:
a) will 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 or not 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 or not incorporation or use of the proposed substitute item in connection with the
Work is subject to payment of any license fee or royalty;
3) will identify:
a) all variations of the proposed substitute item from that specified, and
b) available engineering, sales, maintenance, repair, and replacement services;
4) and 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.
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B. Substitute Construction Method~ 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
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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 either a
Change Order for a substitute or 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 6.05.8. Whether or not Engineer approves a
substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of
Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the 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 substi~te.
F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at
Contractor's expense.
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 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:
I. 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
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2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to payor 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.
EJCDC C-71O Standard General Conditions of the Construction Contract, Funding Agency Edition
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00710 - 25
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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 oftbe 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 an additional insured 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, and Engineer, and
all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or addition;lI '
insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of
them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes
of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any
such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain
the same.
6.07
Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performmlce 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, Contractor shall indenmify and hold harmless Owner and
Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any
of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)
arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of
the Work or resulting from the incorporation in the Wark 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 obtai~ing 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.
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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.
EJCnC C.710 Standard General Conditions of the Construction Contract, Funding Agency Edition
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6.11
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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 primary responsibility to make certain
that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve
Contractor of Contractor's obligations under Paragraph 3.03.
C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall 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.
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 perfomlance
of the Work.
Use of Site and Other Areas
A. Limitation on Use q( 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 umeasonably 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 tl1e 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 hannless Owner
and Engineer, and the officers, directors, 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 indenmified hereunder to the extent
caused by or based upon Contractor's performance of the Work.
B. Removal o/Debris During Performance ()(the Work: During the progress of the Work Contractor shall keep the
Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal
of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the Work, Contractor shall clean the Site 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
p~operty 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.
EJCDC C-710 Standard General Conditions of the Construction Contract, Funding Agency Edition
Copyright'" 20112 National Society of Professional Engineers for EJcnc. All rights reserved.
007]0 - 27
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6.12
Record Documents
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A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, I
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 I
Owner.
6.13
Safety and Protection
A. Contractor shall be solely responsible for initiating, maintammg and supervlsmg all safety precautions and
programs in connection with the Work. 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 prosecution of the Work may affect them, and shall cooperate with them in
the protection, removal, relocation, and replacement of their property.
C. All damage, injury, or loss to any property referred to in Paragraph 6.I3.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 , or anyone employed by any ofthem, 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).
D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as
all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph
14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial
Completion).
6.]4
Safety Representative
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A. Contractor shall designate a qualified and experienced safety representative at the. Site whose duties and I
responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and
programs.
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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.
EJCDC C-710 Standard General Conditions of the Construction Contract, Funding Agency Edition
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00710 ~ 28
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Emergencies
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto,
Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt
written notice if Contractor believes that any significant changes in the Work or variations from the Contract
Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the
Contract Documents is required because of the action taken by Contractor in response to such an emergency, a
Work Change Directive or Change Order will be issued.
Shop Drawings and Samples
A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the
acceptable 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.
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
I. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified:
a. all field measurements, quantities, dimensions, specified performance and design criteria, installation
requirements, materials, catalog numbers, and similar information with respect thereto;
b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage,
assemb ly, and installation pertaining to the performance of the Work;
c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and
procedures of construction, and safety precautions and programs incident thereto; and
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d. ~hall also have 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.
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.
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EJCOC C-710 Standard General Conditions of the Construction Contract, Funding Agency Edition
Copyright Ii:J 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00710 - 29
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6.18
6.19
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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,
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D. Engineer's Review
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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 infonnation I
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 I
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 I
which the item functions.
3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the I
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.l. I
E. Resubmittal Procedures
I. 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.
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Continuing the Work
A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with I
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.
Contractor's General Warranty and Guarantee
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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 Related Entities shall be entitled to rely on representation of I
Contractor's w,arranty and guarantee.
B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
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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
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2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be
absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract
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6.20
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6.21
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Documents or a release of Contractor's obligation to perform the Work III 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 thereofby 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.
Indemnification
A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnifY and hold harmless Owner and
Engineer, and the officers, directors, 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 the performance of the Work, provided that any such claim, 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 ofthem to perform any ofthe Work or anyone for whose acts any of them may be liable.
B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors,
partners, or employees 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 other
individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts.
C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer
and Engineer's officers, directors, 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.
Delegation of Profess ional Design Services
A. Contractor will not be required to provide professional design ~ervices 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
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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 confomlance 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.I7.D.1.
E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract
Docwnents.
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 via 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, a reasonable
opportunity for the introduction and storage of materials and equipment and the execution of such other work, and
shall properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching ofthe 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 their work and will only cut or alter their 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.
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7.02
Coordination
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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: I
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7.03
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I. 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.
B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for
such coordination. '
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 actions or inactions.
C. Contract.or shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs
incurred by such other contractor as a result of Contractor's action or inactions.
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8.01
ARTICLE 8 ~ OWNER'S RESPONSIBILITIES
Communications to Contractor
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8.02
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8.04
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8.05
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A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor
through Engineer.
Replacement of Engineer
A. In case oftermination ofthe 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.
Furnish Data
A. Owner shall promptly furnish the data required of Owner under the Contract Documents.
Pay When Due
A. Owner shall make payments to Contractor when they are due as provided in Paragraphs l4.02.C and 14.07.C.
Lands and Easements; Reports and Tests
A. Owner's duties in respect of 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 in or relating to existing surface or subsurface structures at or contiguous to the Site that have
been utilized by Engineer in preparing the Contract Documents.
8.06
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Insurance
A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insurance are set
forth in Article 5.
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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 in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B.
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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 I
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 I
accordance with the Contract Documents.
8.]0
Undisclosed Hazardous Environmental Condition
A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph
4.06.
8.] ]
Evidence of Financial Arrangements
A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have
been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof
will be as set forth in the Supplementary Conditions.
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 and will not be changed without written consent of Owner and Engineer.
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 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 n& 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.
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9.03
9.04
9.05
9.06
9.07
9.08
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Project Representative
A. [f 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.
AUlhorized 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 Fie[d 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 Fie[d 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 he made therefor as provided in Paragraph 10.05.
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.
Shop Drawings. Change Orders and Payments
A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph
6.[7.
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, II, and 12.
D. In connection with Engineer's authority as to Applications for Payment, see Article 14.
Detenninationsfor 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 App[ication 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.
Decisions on Requirements of Contract Documents and Acceptability of Work
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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 p~rtaining to the performance ofthe Work, will be referred initially to Engineer in writing
within 30 days of the event giving rise to the question.
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B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor
believe 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 10.05.8.
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 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 the Resident
Project Representative, if any, and assistants, if any.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 AuthorizedChanges in the Work
A. Without invalidating the Contract and without notice to any surety, Owner may, subject to written approval by
Agency 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 ofany 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).
8. If Owner and Contractor are unable to agree on entitlement tc" 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.
EJCDC C-710 StalJdard Qmeral COlJditiolJS ofthe COlJstruetiolJ COlJtraet, FUlJdilJg AgelJey EditiolJ
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10.02 Unauthorized Changes in the Work
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A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with
respect to any work performed that is not required by the Contract Documents as amended, modified, or
supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or
in the case of uncovering Work as provided in Paragraph 13.04.B.
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10.03 Execution of Change Orders
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A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering:
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1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 1O.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;
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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
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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 Contmct Docnments 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.
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10.04 Notification to Surety
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A. If notice 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) is required by the provisions of any bond to be
given to a surety, 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.
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10.05 Claims
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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.
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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 accumte 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 Time
shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each 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 gays after receipt of the claimant's last submittal (unless Engineer allows additional time).
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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, ifany, take one of the following actions in writing:
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1. deny the Claim in whole or in part,
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ll0710 - 37
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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.
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E. Engineer's written action under Paragraph lQ.05.C or denial pursuant to Paragraphs 1O.05.C.3 or 1O.05.D will be
final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure I
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
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A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph
1 1.0 I .B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of I
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 I
the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in
Paragraph 11.01.B.
I. 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 at the Site. 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'
compensation, health and retirement benefits, bonuses, sick leave, vacation ~d 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.
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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] 1.01.
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4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, I
attorneys, and accountants) employed for services specifically related to the Work.
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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,
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. .
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 5.06.0), 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 ofthem 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,
expressages, and similar petty cash items in connection with the Work.
1. 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.l or specificalIy covered by Paragraph 11.01.AA, all of which are to be considered
adI;ninistrative costs covered by the Contractor's fee.
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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.
EJCDC C -71 0 Standard General Conditions of the Construction Cnntract, Fuudiog Agency Editiun
Copyright @ 2002 National Sodety of Professional Engineers for EJCnc. All rights reserved.
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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 11.0 I.A and 11.0 1.B.
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C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined
as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an
adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined I
as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs
11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted
accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with
supporting data.
11.02 Allowances
A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as
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
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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.
EJCDC C-71 0 Standard General Conditions of the Construction Contratt, Funding Agenty Edition
Copyright iC 2002 National Society of Professional Engineers for EJCOc. All rights reserved.
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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.
D. Owner or Contractor may make a Claim for an adjustment III the Contract Price In accordance with
Paragraph 10.05 if:
1. the Bi d price of a particular item of Unit Price Work amounts to more than 5 percent of the Contract Price and
the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by
more than 25 percent from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work; 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
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12.01 Change o.fContract 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 12.01.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:
a. for costs incurred under Paragraphs 11.01.A.I and 11.01.A.2, the Contractor's fee shall be 15 percent;
b. for costs.incurred under Paragraph 11.0 I.A.3, the Contractor's fee shall be five percent;
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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 Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the
Work, at whatever tier, will be paid a fee of 15 percent of the costs, incurred by such Subcontractor under
Paragraphs 11.0 l.Al and 11.01.A2 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;
EJCDC C-710 Standard General Conditions of the Construction Contract, Funding Agency Edition
Copyright ItJ 2002 National Suciety of Professional Engineers for EJCDC. All rights reserved.
00710 - 41
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d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0] .AA, 11.0] .A.S, and
] 1.01.B;
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 anyone change, the adjustment in Contractor's fee shall
be computed on the basis of the net change in accordance with Paragraphs ]2.01.C.2.a through
12.01.C.2.e, inclusive.
]2.02 Change (if Contract Times
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A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times I
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.' Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract I
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 l2.02.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.
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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 I
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 I
the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in
this Paragraph 12.03.8.
1. delays caused by or within the control of Contractor; or
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D. Owner, Engineer and the Related Entities of each of them 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 I
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.
EJCDC C-710 Standard General Conditions ofthe Construction Contract, Funding Agency Edition
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ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK
13.0 I Notice (?f Defects
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A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to
Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13.
13.02
Access to Work
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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, inspecting, and testing. Contractor shall provide them proper and safe
conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may
comply therewith as applicable.
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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.
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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:
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1. for inspections, tests, or approvals covered by Paragraphs l3.03.C and 13.03.D below;
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2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.8 shall be
paid as provided in said Paragraph 13.04.C; and
3. as otherwise specifically provided in the Contract Documents.
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C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specificaIly 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.
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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.
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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, it must, if requested by Engineer, be uncovered for observation.
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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 ta such notice.
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13.04 Uncovering Work
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A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered
far Engineer's observation and replaced at Contractor's expense.
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EJCDC C-?! 0 Standard General Conditions of the Construction Contract, Funding Agency Edition
Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00710 - 43
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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, 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 ofrepair 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] 0.05.
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 afDefective Work
A. Promptly after receipt of 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 ofthis 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 Wark.
13.07 Correction Period
A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by
the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of
the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas
made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph
6.lI.A 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
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3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is I
not defective, and
EJCDC C-710 Standard General Conditions of the Construction Contract, Funding Agency Edition
Copyright Ii:! 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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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 ofloss 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, attomeys, and other professionals and all court or arbitration
or oth.er 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 (!IDefixtive Work
A. If, instead of requiring correction or removal and replacement of defective Work, O"'7ler (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, archit~cts, 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 the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If
any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be
entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. Ifthe
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.
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 ifContmctor
fails to perfonn 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 ofthe Work and suspend Contractor's services related thereto, takqJossession 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.
EJCDC C-71O Standard General Conditions ofthe Construction Contract, Funding Agency Edition
Copyright <i:) 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00710-45
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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
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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 Pa~ent acceptable to Engineer. Progress payments on I
accOlmt of Unit Price Work will be based on the number of units completed.
14.02 Progress Payments
A. Applicationsfor Payments
I. 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 tor Payment filled out and
signed by Contractor covering the Work completed as of the date ofthe 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.
2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor
stating that all previous progress payments received on account of the Work have been applied on account to
discharge Contractor's legitimate obligations associated with prior Applications for Payment.
3. The amount of retain age with respect to progress payments will be as stipulated in the Agreement.
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 on the Site of the executed Work as
an experienced and qualified design professional and orY Engineer's review of the Application for Payment
and the accompanying data and schedules, that to the best of Engineer's knowledge, infonnation and belief:
a. the Work has progressed to the point indicated;
EJCDC C-7J 0 Standard General Conditjon~ of the Construction Contract, Funding Agency Edition
Copyright I{) 2002 National Society of Professional Engineers for EJCOc. All rights reserved.
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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, to the results of any
subsequent tests called for in the Contract Documents, to a final determination of quantities and
classifications for Unit Price Work under Paragraph 9.07, and to 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 specificaJly assigned to Engineer in the Contract Documents; or
b. that 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.
4. N either Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's
reconmlendation 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 prograrIL~ incident thereto, or
c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's perfoffilance 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.B.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 dan1aged, 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 ofthe events enumerated i~ Paragraph 15.02.A.
C. Payment Becomes Due
1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the
amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will
be paid by Owner to Contractor.
EJCDC C-710 Standard General Conditions ofthe Construction Contract, Fuoding Agency Edition
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00710 - 47
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D. Reduction in Payment
I. Owner may refuse to make payment of the full amount recommended by Engineer because:
a. claims have been made against Owner on account of Contractor's perfonnance or furnishing of the Work;
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b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond I
satisfactory to Owner to secure the satisfaction and discharge of such Liens;
c. the Contractor's perfonnance or furnishing of the Work is inconsistent with funding Agency I
requirements;
d. there are other items entitling Owner to a set-off against the amount recommended; or
e. Owner has actual knowledge of the occurrence ofany of the events enumerated in Paragraphs 14.02.B.5.a I
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 corrects to Owner's satisfaction the reasons for such action.
3. If it is subsequently determined 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.
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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 I
Payment, whether incorporated in the Proj ect or not, will pass to Owner no later than the time of payment free and
clear of all Liens.
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, Agency, Contractor, and Engineer shall make a prefinal
inspection of the Work to determine the status of completion. If Engineer does not consider the 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 ~ecute 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.
EJCDC C-710 Standard General Conditions ofthe Construction Contract, Funding Agency Edition
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00710 - 48
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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 infonn
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.
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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 complete or correct items on the tentative list.
I 14.05 Partial Utilization
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A. Prior to Substantial Completion of all the Wark, 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 ofthe Work that can be used by Owner for its
intended purpose without significant interference with Contractor's perfonnance of the remainder of the Work,
subject to the following conditions.
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I. Owner at any time may request Contractor in writing to pemlit 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 will certifY to Owner and
Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of
Substantial Completion for that part of the Work.
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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 us~ and substantially complete and request Engineer to issue a certificate of
Substantial Completion for that part of the Work.
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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 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.
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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.
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] 4.06 Final Inspection
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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, Agency, 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.
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14.07 Final Payment
A. Application for Payment
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1. Aftet 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, l,ruarantees, 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,
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EJCDC C-710 Standard General Conditions o!the Construction Contract, Fnnding A~ency Edition
Copyright@2002 National Sodety of Professional Engineers for .EJCDC. All rights reserved.
110710 - 49
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2. The final Application for Payment shall be accompanied (except as previously delivered) by:
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a. all documentation called for in the Contract Documents, including but not limited to the evidence of I
insurance required by Paragraph 5.04.B.7;
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.
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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 I
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 or
Owner's property might in any way be responsible 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 I.
satisfactory to Owner to indemnity Owner against any Lien.
B. Engineer's Review of Application and Acceptance
I. 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
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
Pinal Completion Delayed
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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. The remaining balance of any sum included in the
final Application for Payment but held by OWNER for Work not fully completed and accepted will become due
when the Work is fully completed and accepted.
EJcnc C-710 Standard General Conditions of the Construction Contract, Funding Agency Edition
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00710 - 50
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14.09 Waiver oIClaims
I A. The making and acceptance of final payment will constitute:
1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from
defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the
Contract Docwnents or the terms of any special guarantees specified therein, or from Contractor's continuing
obligations under the Contract Documents; and
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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.
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ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
15.01 Owner May Suspend Work
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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.day's 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.
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15.02
Owner May Terminate for Cause
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A. The occurrence of anyone or more of the following events will justify termination for cause:
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1. Contractor's persistent failure to perf ann the Work in accordance with the Contract Documents (including, hut
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);
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2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;
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3. Contractor's disregard of the authority of Engineer; or
4. Contmctor's violation in any substantial way of any provisions of the Contract Documents.
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B. If one or more of the events identified in Paraf,>Taph 15.02.A occur, Owner may, after giving Contractor (and
surety) seven days written notice of its intent to terminate the services of Contractor:
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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 he used by
Contractor (without liability to Contractor for trespass or conversion),
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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.
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C. If Owner proce"eds 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 dan1ages (including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitmtion 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, lo~ses, and damages
exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages
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EJCDC C-710 Standard General Conditions of the COllstruction Contract, Funding Agency Edition
Copyright II:J 2002 National Society of Professional Engineers for EJcne. All right:; reserved.
00710 - 51
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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 IS.02.B and lS.02.C, Contractor's services will not be terminated if Contractor begins
within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently
to cure such failure within no more than 30 days of receipt of said notice.
E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or
remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of
moneys due Contractor by Owner will not release Contractor from liability.
F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph S.Ol.A, the
termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C.
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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 I
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.
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B. Contractor shall not be paid on account ofloss of anticipated profits or revenue or other economic loss arising out
of or resulting from such tennination. I
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 I
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 I
Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from
Owner payment on the same tenns as provided in Paragraph 15.03.
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B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act
on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay
Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and
Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The
provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph
10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly
attributable to Contractor's stopping the Work as pernlitted by this Paragraph.
EJcne C-71 0 Standard General Conditions of the Construction Contract, Funding Agency Edition
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00710 - 52
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ARTICLE 16 - DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Owner and Contractor may mutually 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.
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 hall 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 1O.05.C or a denial pursuant to
Paragraphs 10.05.C.3 or 1O.05.D shall become final and binding 30 days after termination of the mediation unless,
within that time period, OW?er or Contractor:
I. 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 their intent to submit the Claim to a court of competent jurisdiction.
ARTICLE 17 - MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision ofthe 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.
17.02 Computation a/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.
EJCDC C-710 Standard General Conditions of the Construction Contract, Funding Agency Edition
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00710 - 53
:;---'---'~C"''''''77''''''''''''''''~'--;'-;:;!'':~~'';;-;-'':''':,~;=~:~~~;~"",:",;" ",.~~!'il"~"~~:J'7;r:::F~~"'"'f"'T"'~"',;:";;:-i'T'
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17.04 SUnlival of Obligations
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A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with I
the Contract Docrnnents, as well as all continuing obligations indicated in the Contract Documents, will survive
fInal payment, completion, and acceptance of the Work or tennination 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.
ARTICLE 18 - FEDERAL REQUIREMENTS
18.01 Agency Not a Party
A. This Contract is expected to be funded in part with funds provided by Agency. Neither Agency, nor any of its
departments, entities, or employees is a party to this Contract.
18.02 Contract Approval
A. Owner and Contractor wil1 furnish Owner's attorney such evidence as required so that Owner's attomey can
complete and eXecute the following "Certificate of Owner's Attorney" (Exhibit GC-A) before Owner submits the
executed Contract Docrnnents to Agency for approval.
B. Concurrence by Agency in the award of the Contract is required before the Contract is effective.
18.03 Conflict of Interest
A. Contractor may not knowingly contract with a supplier or manufacturer if the individual or entity who prepared the
plans and specifications has a corporate or financial affiliation with the supplier or manufacturer.
B. Owner's officers, employees, or agents shall not engage in the award or administration of this Contract if a conflict
of interest, real or apparent, would be involved. Such a conflict would arise when: (i) the employee, officer or
agent; (ii) any member of their immediate family; (iii) their partner or (iv) an organization that employs, or is about
to employ, any of the above, has a financial interest in Contractor. Owner's officers, employees, or agents shall
neither solicit nor accept gratuities, favors or anything of monetary value from Contractor or subcontractors.
18.04 Gratuities
A. If Owner finds after a notice and hearing that Contractor, or any of Contractor's agents or representatives, offered
or gave gratuities (in the form of entertainment, gifts, or otherwise) to any official, employee, or agent of Owner or
Agency in an attempt to secure this Contract or favorable treatment in awarding, amending, or making any
determinations related to the performance of this Contract, Owner may, by written notice to Contractor, terminate
~is Contract. Owner may also pursue other rights and remedies that the law or this Contract provides. However,
the existence of the facts on which Owner bases such findings shall be an issue and may be reviewed in
proceedings under the dispute resolution provisions of this Contract.
B. In the event this Contract is terminated as provided in paragraph 18.04.A, Owner may pursue the same remedies
against Contractor as it could pursue in the event of a breach of this Contract by Contractor. As a penalty, in
addition to any other damages to which it may be entitled by law, Owner may pursue exemplary damages in an
EJCDC C-710 Standard General Conditions of thc Construction Contract, Funding Agency Edition
Copyright l\:l 2002 National Society oC ProCessional Engineers Cor EJCOC. All rights reserved.
1111710 - 54
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amount (as detennined by Owner) which shall not be less than three 'nor more than ten times the costs Contractor
incurs in providing any such gratuities to any such officer or employee.
18.05 Audit and Access to Records
A. For all negotiated contracts and negotiated modifications (except those of $10,000 orless), Owner, Agency, the
Comptroller General, or any of their duly authorized representatives, shall have access to any books, documents,
papers, and records of the Contractor, which are pertinent to the Contract, for the purpose of making audits,
examinations, excerpts and transcriptions. Contractor shall maintain all required records for three years after final
payment is made and all other pending matters are closed.
18.06 Small, Minority and Women's Businesses
A. If Contractor intends to let any subcontracts for a portion of the work, Contractor shall take affirmative steps to
assure that small, minority and women's businesses are used when possible as sources of supplies, equipment,
construction, and services. Affirmative steps shall consist of: (I) including qualified small, minority and women's
businesses on solicitation lists; (2) assuring that small, minority and women's businesses are solicited whenever
they are potential sources; (3) dividing total requirements when economically feasible, into small tasks or
quantities to pennit maximum participation of small, minority, and women's businesses; (4) establishing delivery
schedules, where the requirements of the work pennit, which will encourage participation by small, minority and
women's businesses; (5) using the services and assistance of the Small Business Administration and the Minority
Business Development Agency of the U.S. Department of Commerce; (6) requiring each party to a subcontract to
take the affinnative steps of this section; and (7) Contractor is encouraged to procure goods and services from
labor surplus area finns.
18.07 Anti~Kickback
A. Contractor shall comply with the Copeland Anti-Kickback Act (18 USC 874 and 40 USC 276c) as supplemented
by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Buildings or
Public Works Financed in Whole or in Part by Loans or Grants of the United States"). The Act provides that
Contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the
constDlction, completion, or repair of public facilities, to give up any part of the compensation to which they are
otherwise entitled. Owner shall report all suspected or reported violations to Agency.
18.08 Clean Air and Pollution Control Acts
A. If this Contract exceeds $100,000, Contractor shall comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act as
an1ended (33 use 1251 et seq.). Contractor will report violations to the Agency and the Regional Office of the
EPA.
18.09 State Energy Po!ie-:v
A. Contractor shall comply with the Energy Policy and Conservation Act (P.L. 94-163). Mandatory standards and
policies relating to energy efficiency, contained in any applicable State Energy Conservation Plan, shall be utilized.
18.10 Equal Opportunity Requirements
A. If this Contract exceeds $10,000, Contractor shall comply with Executive Ord\'1f 11246, "Equal Employment
Opportunity," as amended by Executive Order 11375, "Amending Executive O~der 11246 Relating to Equal
Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor."
B. Contractor's compliance with Executive Order 11246 shall be based on its implementation of the Equal
Opportunity Clause, specific affinnative active obligations required by the Standard Federal Equal Employment
EJCDC C-7l0 Standard General Conditions of the Construction Contract, Funding Al:ency Edition
Copyright ti.:J 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00710-55
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Opportunity Construction Contract Specifications, as set forth in 41 CFR Part 60-4 and its efforts to meet the goals
established for the geographical area where the Contract is to be performed. The hours of minority and female
employment and training must be substantially uniform throughout the length of the Contract, and in each trade,
and Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The
transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for
the sole purpose of meeting Contractor's goals shall be a violation of the Contract, the Executive Order, and the
regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours
performed.
C. Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance
Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for
construction work under the Contract resulting from this solicitation. The notification shall list the name, address,
and telephone number of the subcontractor; employer identification number; estimated dollar amount of
subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the
Contract is to be performed.
18.11 Restrictions on Lobbying
A. Contractor and each subcontractor shall comply with Restrictions on Lobbying (Public Law 101-121, Section 319)
as supplemented by applicable Agency regulations. This Law applies to the recipients of contracts and subcontracts
that exceed $100,000 at any tier under a Federal loan that exceeds $150,000 or a Federal grant that exceeds
$100,000. If applicable, Contractor must complete a certification foun on lobbying activities related to a specific
Federal loan or grant that is a funding source for this Contract. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, or an employee ofa member of Congress
in connection with obtaining any Federal contract, grant, or any other award covered by 31 USC 1352. Each tier
shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal
award. Certifications and disclosures are forwarded from tier to tier up to the Owner. Necessary certification and
disclosure forms shall be provided by Owner.
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18.12 Environmental Requirements
A. When constructing a p~iect involving trenching and/or other related earth excavations, Contractor shall comply I
with the following environmental constraints:
1. Wetlands - When disposing of excess, spoil, or other construction materials on public or private property,
Contractor shall not fill in or otherwise convert wetlands.
2. Floodplains - When disposing of excess, spoil, or other construction materials on public or private property,
Contractor shall not fill in or otherwise convert 100 year floodplain areas delineated on the latest Federal
Emergency Management Agency Floodplain Maps, or other appropriate maps, i.e., alluvial soils on NRCS
Soil Survey Maps.
3. Historic Preservation - Any excavation by Contractor that uncovers an historical or archaeological artifact
shall be immediately reported to Owner and a representative of Agency. Construction shall be temporarily
halted pending the notification process and further directions issued by Agency after consultation with the
State Historic Preservation Officer (SHPO).
4. Endangered Species - Contractor shall comply with the Endangered Species Act, which provides for the
protection of endangered and/or threatened species and crrtical habitat. Should any evidence of the presence of
endangered and/or threatened species or their critical habitat be brought to the attention of Contractor,
Contractor will immediately report this evidence to Owner and a representative of Agency. Construction shall
be temporarily halted pending the notification process and further directions issued by Agency after
consultation with the U.S. Fish and Wildlife Service.
EJCDC C.710 Standard General Conditions of the Construction Contract, Funding AgenCy Edition
Copyright @ 2002 National Society of Profession III Engineers for EJCDC. All rights reserved.
00710 - 56
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EXHIBIT GC-A
Certificate of Owner's Attornev
I, the undersigned,
, the duly authorized and acting legal representative of
, do hereby certifY as follows:
I have examined the attached Contract(s) and performance and payment bond(s) and the manner of execution thereof, and I
am of the opinion that each of the aforesaid agreements is adequate and has been duly executed by the proper parties thereto
acting through their duly authorized representatives; that said representatives have full power and authority to execute said
agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally
binding obligations upon the parties executing the same in accordance with the terms, conditions, and provisions thereof.
Date:
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EJCDC C-710 Standard General Conditions of the Construction Contract, Funding Agency Edition
Copyright II:> 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00710 - 57
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SUPPLEMENT ARY
CONDITIONS TO THE
GENERAL CONDITIONS
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SECTION 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
These Supplementary Conditions to the General Conditions amend or supplement the Standard
General Conditions of the Construction Contract (No. C-700, 2002 Edition) and other provisions
of the Contract Documents as indicated below. All provisions that are not so amended or
supplemented remain in full force and effect.
SC - 2.01 DELIVERY OF BONDS
Add the followmg to Paragraph: 2.01.A
Engineer shall furnish to Contractor six copies of the Agreement and other Contract
Documents bound therewith. Contractor shall execute the Agreement, attach executed
copies of the required Bonds and Power of Attorney and Certificate of Insurance and
submit all copies to Engineer who will forward them to the Owner. Owner shall execute
all copies and return two copies to the Contractor. Owner shall also furnish a counterpart
or conformed copy to the Engineer and shall retain three copies.
SC - 2.03 NOTICE TO PROCEED
Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following
in its place:
Following the execution of the Agreement by the Owner and the Contractor, written
Notice to Proceed with the Work shall be given by the Owner to the Contractor. The
Contract Time will commence to run on the day indicated in the Notice to Proceed.
SC - 2.05 BEFORE STARTING CONSTRUCTION
Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is
to read as follows:
2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly
rates, ~wned 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
confinl1 the hourly rates per Paragraph 11.01.A.5.c of the General Conditions and these
Supplementary Conditions including: make, model, and year of manufacture as well as
the horse power, capacity or weight, and accessories.
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 1 of 12
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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:
Prior to the first application for payment all schedules and documents identified in
paragraph 2.05.A -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.
Add the following after Paragraph 2.07 .A.3 :
Contractor's Schedule of Equipment will be acceptable to Engineer as to form and
substance if it provides the necessary information to reference the equipment and
establish the hourly rates in accordance with paragraph 11.01.A.5.c.
SC - 4.01 AVAILABILITY OF LANDS
Add to Paragraph 4.01.C ofthe General Conditions the following:
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 consent from the property owner
and tenant of the land. The Contractor shall not enter for materials delivery or occupy for
any other purpose with men, tools, equipment, construction materials, or with materials
excavated from the site, any private property outside the designated construction
easement boundaries or right-of-way without written permission from the property owner
and tenant.
SC - 4.02 - SUBSURFACE AND PHYSICAL CONDITIONS
Delete the first sentence of 4.02.A and replace with the following:
A. Reports and Drawings: The Special Provisions identify:
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Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 2 of 12
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SC - 4.03 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS
Add the following to the end of Paragraphs 4.03.A.
Contractor to notify Owner and Engineer in wntmg about differing subsurface or
physical conditions within 15 days of discovery and before disturbing the subsurface as
stated above.
No claim for an adjustment in the contract price or contract times (or Milestones) will be
valid for differing subsurface or physical conditions if procedures of this paragraph 4.03
are not followed.
SC - 4.04 - UNDERGROUND FACILITIES
Add the following new paragraph immediately after Paragraph 4.04.A.2.
3. At least 2 but not more than 10 business days before beginning any excavation,
the Contractor shall according to MCA 69-4~501, notify all owners of
underground facilities and coordinate the Work with the owners of such
underground facilities. The information shown or indicated in the Contract
Documents with respect to existing underground facilities is based on information
and data obtained from the owners of the facilities without field exploration, and
as such, Owner and Engineer are not responsible for the accuracy or completeness
of such information or data.
SC - 4.06 - HAZARDOUS ENVIORNMENTAL CONDITION AT SITE
Change the first sentence of paragraph A to read as follows:
A. Reports and Drawings: Reference is made to the Special Provisions for the
identification.....
sc- 5.02 LICENSED SURETIES AND INSURERS
Add the following to the end of Paragraph 5.02.A
"
.'
Without limiting any of the other obligations or liabilities of the Contractor, Contractor
shall secure and maintain such insurance from an insurance company (or companies)
authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating"
of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner
and the Engineer and their agents and employees from claims for bodily injury, or
property damage which may arise from operations and completed operations under this
Agreement. Contractor shall not commence work under this Agreement until such
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 3 of 12
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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
A~d the following new paragraphs immediately after Paragraph 5.04.B:
C. The limits of liability for the insurance required by Paragraph 5.04 of the General
Conditions shall provide coverage for not less than the following amounts or greater
where required by Law or Regulations:
1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General
Conditions.
a.
b.
State
Applicable Federal (e.g. Longshoremans)
Employer's Liability
Statutory
Statutory
$ 500,000.00
c.
2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of
the General Conditions which shall also include completed operations and product
liability coverage.
a.
GENERAL AGGREGATE
$ 3.000.000.00
b.
Products-Completed
Operations Aggregate
$ 3,000.000.00
c. Personal and Advertising
d.
Each Occurrence
(Bodily Injury and
Property Damage)
$ 1.000.000.00
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e. Coverage will include:
1. Premises - Operations
2. Operations of Independent Contractor
3. Contractual Liability
4. Personal Injury
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENER.J\L CONDITIONS
Page 4 of 12
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5 Products and Completed Operations
6. Broad Form Property Damage will include explosion,
collapse, blasting and underground where applicable.
7. Per Project Aggregate Endorsement
3.
Automobile Liability under Paragraph 5.04.A.6 of the General Conditions:
a.
Bodily Iniury:
Each Person
Each Accident
$ 500,000.00
$ 1,000,000.00
Property Damage:
Each Accident
$1,000,000.00
(or)
b.
Combined Single Limit
$ 1,000,000.00
Coverage to Include
1. All Owned
2. Hired
3. Non-Owned
4.
Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied
by primary insurance or a combination of primary and excess or umbrella
insurance. Primary occurrence limit cannot be less than $1,000,000.00.
Deductible not to exceed $5,000.00 per occurrence on property damage.
5.
Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions
as follows:
The Contractor's insurance coverage shall name the Owner, and Engineer and
Engineer's Consultants as an additional insured under Commercial General
Liability, Automobile Liability, Excess or Umbrella polices.
6.
The Contractual Liability coverage required by Paragraph 5.04.B.4. of the
General Conditions shall provide coverage for not less than the following
amounts: ~
.
Each Occurrence
Aggregate
$ 1.000,000.00
$ 3.000.000.00
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 5 of 12
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sc- 5.04.B.5 CANCELATION NOTICE
iunend paragraph 5.04.B.5 of the General Conditions by striking out the words "30
days" and replacing them with the words "45 days" and as so amended paragraph
5.04.B.5 remains in effect.
SC - 5.06 PROPERTY INSURANCE
Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its
place:
A. 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 these Supplementary Conditions or required by
Laws and Regulations). This insurance shall:
1. Include the interests of Owner, Contractor, Subcontractors, Sub-
Subcontractors, Engineer, Engineer's Consultants, and any other
persons or entities identified in the Supplementary Conditions, each
of whom is deemed to have an insurable interest and shall be listed
as an insured or additional insured;
2. be written on a Builder's Risk "all risk" or open peril or special
causes of loss policy form that shall at least include insurance for
physical loss and damage to the Work, temporary buildings, false
work and materials and equipment in transit and shall insure against
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
caused by floods), and 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 the fees and charges of
engineers and architects);
4. cover materials and equipment in transit for incorporation in the
1JI . ..
Work or stored at the SIte or at another location pnor to bemg
incorporated in the Work, provided that such materials and
equipment have been included in an Application for Payment
recommended by Engineer; and
5. be endorsed to allow occupancy and partial utilization of the Work
by Owner;
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 6 of 12
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6. include testing and start-up; and
7. be maintained in effect until final payment is made unless otherwise
agreed to in writing by Owner, Contractor, and Engineer with thirty
days written notice to each other additional insured to whom a
certificate of insurance has been issued.
B. Contractor shall be responsible for any deductible or self-insured retention.
C. The policies of insurance required to be purchased and maintained by Contractor
in accordance with this paragraph SC5.06 shall comply with the requirements of
paragraph 5.06.C of the General Conditions.
D. The policies of insurance required to be purchased and ~aintained by Contractor
in accordance with this paragraph 5.06.A shall comply with the requirements of
GC - 5.06.C. The qualifications of the insurance company shall comply with the
requirements ofSC- 5.02.A.
SC-6.02 WORKING HOURS
Add the following to Paragraph 6.02.B:
Regular working hours are defined as 8 :00 AM. to 5 :00 P.M. Emergency work may be
done without prior permission.
SC-6.04 PROGRESS SCHEDULE
Delete Paragraph 6.04.A.1 of the General Conditions m its entirety and replace with the
following:
1. Contractor shall submit to Engineer with each application for payment an updated
progress schedule reflecting the amount of work 'completed and adjustments to future
work. Such adjustments will be acceptable to Engineer as providing an orderly
progression of the Wark to completion within any specified milestones and the Contract
Time. No progress payment will be made to Contractor until the updated schedules are
submitted to and acceptable to Engineer and Owner. Review and acceptance of progress
schedules by the Engineer will neither impose on Engineer responsibility for the
.
sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor
from Contractor's full responsibility therefore.
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 7 of 12
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sc- 6.13 SAFETY AND PROTECTION
Add new paragraphs to the end of paragraph 6.13.D of the General Conditions as follows:
E. 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. The right of the Owner and Engineer
to observe or otherwise review the Work and operations shall not relieve the
Contractor from any of his covenants and obligations hereunder. Contractor shall
incorporate all safety requirements into his construction progress and work
schedules including preconstruction and scheduled monthly safety meetings,
posted safety rules, tailgate meetings, and site inspections by safety and other
inspectors employed by the Contractor.
F. 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 pipes, conduits, drains, sewers, water mains, gas mains, cables,
etc., and other underground construction uncovered in the proximity, or otherwise
affected by the construction work performed by him. All pavement, surfacing,
driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires
damaged by the Contractor's operations in the performance of this work shall be
repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected
property 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 facility,
regardless of location or character, which may be caused by moving, hauling, or
otherwise transporting equipment, materials, or men to and from the work or any
part of site thereof; whether by him or his subcontractors. The Contractor shall
make satisfactory and acceptable arrangements with 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.
G. 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, and walks, whether public 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 accoII1I1lodation of public and private drives before
interfering with them. The provisiorts for temporary expedients will not be
required when the Contractor has obtained permission from the owner and tenant
of the private property, or from the authority having jurisdiction over public
property involved, to obstruct traffic at the designated point.
H. Safety provisions must be entirely adequate and meet with City or State and
Federal regulations to protect the public on these streets and roads.
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 8 of 12
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sc- 6.20 INDEMNIFICATION
Add a new paragraph immediately after paragraph 6.20.A. ofthe General Conditions which is to
read as follows:
While Owner and Engineer may have the right under this Contract to observe or
otherwise review the work, progress and operations of the Contractor, it is
expressly understood and agreed that such observation shall not relieve the
Contractor from any of its covenants and obligations hereunder.
SC-9.03 PROJECT REPRESENTATIVE
Refer to the Special Provisions for identification of the responsibilities and authority and
limitations of the Engineer's Resident Project Representative (if any).
SC-11.01 COST OF THE WORK
Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in
its place:
l1.01.A.5.c The cost for the use of all construction equipment and machinery and parts
thereof whether owned by the Contractor or rented from others. The cost shall be
calculated as follows and will include the costs of transportation, loading, unloading,
assembly, dismantling and removal thereof for equipment involved only in the changed
portion of the work covered under the cost of the Work method. Transportation, loading
and assembly costs will not be included for equipment already on the site which is being
used for other portions of the Work. The cost of any such equipment, machinery, or parts
shall cease when the use thereof is no longer necessary for the Work. Hourly equipment
and machinery rates shall be calculated from the Rental Rate Blue Book for Construction
Equipment, and the Equipment List submitted according to 8C-2.05 and SC-2.07, and as
follows:
1. For working equipment, the hourly rate shall be the monthly rental rate
divided by 176 hours per month plus the hourly operating cost.
2. For equipment on standby, the hourly rate shall be 50% of the monthly
rental rate divided by 176 hours per month, and the ~ourly 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. .
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 9 of 12
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SC-ll.03 UNIT PRICE WORK
Delete paragraph 11.03.D.l and 2 of the General Conditions III its entirety and insert the
following in its place:
1. the quantity of a particular item of Unit Price Work performed by Contractor differs by
more than 25% from the estimated quantity of such item indicated in the Agreement, and
2. the total cost of the particular individual item of Unit Price Wark amounts to 10% or
more of the Contract Price which is the total sum of all schedules (if any). and
SC- 14.02.A APPLICATIONS FOR PAYMENTS
Add the following language at the end of paragraph I4.02.A.l of the General Conditions:
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
far the material in storage included in the first progress payment application. However.
proof of payment and clear title must be submitted with Application Na. 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 far materials in storage shall be accompanied by Bill
of Sale, invoice or other dacument warranting clear title as required above.
Add the following ta Paragraph l4.02.A.3:
In accordance with state law the Owner may accept deposited securities in lieu of cash
retainage. Retainage may be used by the Owner ta affset costs for any of the losses
enumerated in Paragraphs l4.02.B.5.a through l4.02.B.5.d inclusive, l4.02.D.l.a. through
I4.02.D.l.d inclusive. or I5.02.C. In addition retainage may be used by the Owner to
protect against loss from failure by the Contractor to complete necessary work and ta
offset any liquidated damages due Owner.
Add a new paragraph after paragraph to I4.02.A.3 to read:
4. Each application for progress payment shall be accompanied by Contractor's
updated progress schedule, shop drawing ~chedule, procurement schedule, 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.
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 10 of 12
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SC -14.02.C 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
request once each month on or about the day of each month stipulated by the
Owner at the preconstruction conference. Payment will become due when Owner
approves the application for payment and will be paid by Owner to Contractor
with in 30 days of the day of the month stipulated above at the preconstruction
conference.
SC- 14.02.D.l'.c
Amend the sentence of Paragraph 14.02.D.1.c to read:
.. . entitling Owner to a set-off against the amount recommended, including liquidated
damages; or...
SC-14.03 CONTRACTORS WARRANTY OF TITLE
Add the following at the end of Paragraph 14.03.A of the General Conditions:
Neither recommendation of any progress payment by Engineer nor payment by the
Owner to Contractor, nor any use or occupancy of the Work or any part thereof will
release the Contractor from complying with the Contract Documents. Specifically the
Contractor shall maintain in accordance with Article 5, property insurance on all Work,
materials, and equipment whether incorporated in the project or not and whether included
in an application for payment or not, for the 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 the General Conditions and these
Supplementary Conditions. All insurance shall remain in effect as provided in Article 5.
SC- 14.05 PARTIAL UTILIZATION
~
Add the following to Paragraph 14.05.A:
Owner has the right to take possession of or use any completed or substantially
completed portions of the work at any time, but such taking possession or use will not be
deemed an acceptance of any work not completed in accordance with the Contract
Documents. Owner's use of any facilities so identified in the Contract Documents will
not be grounds for extension of the contract time or change in the contract price. Owner's
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 11 of 12
'.~~~ ."'~,N" '7".~'.' ,. :-....,..~~ "C.~~~~~".~~:l ':':f:":'""':'!;\~.;,:~~r.1~~'i"''''"~..7''''/~",'~~~~,~:"::\.~-~''''''''"''''''''''''.'~::'~~c'~. ~~;')~f.. ,........'\.-"~,.:.:"7"'~(:"',',o'. 7'" - ,.,.,.
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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 adjusted with a
Change Order. Facilities substantially completed in accordance with the Contract
Documents which are occupied or used by Owner prior to substantial completion of the
entire work will be done in accordance with General Conditions 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 yet completed by Contractor If the work has been
substantially completed and the Engineer certifies that full completion thereof is
materially delayed through no fault of the Contractor, the Owner shall, without
terminating the Agreement, make payment of the balance due for the portion of the work
fully completed and accepted.
SC- 14.06 FINAL INSPECTION
Add the following to Paragraph l4.06.A:
After Contractor has remedied all deficiencies to the satisfaction of the 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.
SC- 17.01 GIVING NOTICE
Add the following to Paragraph 17.0l.A:
The mailing address for giving notices to Contractor given in the Agreement is hereby
designated as the place to which all notices, letters, and other communication to
Contractor will be mailed or delivered. The mailing address for giving notices to Owner
given in the Agreement is hereby designated as the place to which all notices, letters, and
other communication to Owner shall be mailed or delivered. Either party may change his
address at any time by an instrument in writing delivered to Engineer and to other party.
'"
"
END OF SECTION
Section 0081 0
SUPPLEMENTARY CONDITIONS TO mE GENERAL CONDITIONS
Page 12 of 12
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ENGINEER'S SUPPLEMENTARY
CONDITIONS TO THE
,
GENERAL CONDITIONS
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ENGINEER'S SUPPLEMENTARY CONDITIONS
TO THE GENERAL CONDITIONS
These Supplementary Conditions to the General Conditions amend or supplement the Standard
General Conditions of the Construction Contract (No. 1910-8, 1996 Edition) and the Funding
Agency Edition No. (19] 0-8-FA, 1997 Edition) and other provisions of the Contract Documents as
indicated below. All provisions which are not so amended or supplemented remain in full force and
effect.
ESC - 3.06 DRA WINGS AND SPECIFICATIONS - New Article
1. The Drawings and Specifications identify the scope, quality, materials, equipment and
general requirements of the Work. The Contractor shall furnish all labor, materials, tools,
equipment, and transportation necessary for the proper execution of the Work in accordance
with the Contract Documents, and all incidental work necessary to complete the project in an
acceptable manner, ready for use, occupancy or operation by the Owner.
B. In case of conflict between the Drawings and Specifications, the Specifications shall govern.
Figure dimensions on Drawings shall govern over general Drawings.
3. The Drawings con vey the general arrangement, quality and intent of theW ork and due to the
scale and for clarity do not show all details associated with the Work. The requirements of
items manufactured by different manufacturers may vary. The Contractor shall submit shop
drawings to ill ustrate the use of specific manufactured items and all details of the Work.
ESC - 6.24 - GAS, POWER, TELEPHONE, MUNICIPAL AND PRIVATE UTILITIES-
New Article
1. The Contractor shall give written notice to all private and public utility companies having or
potentially having utilities in the vicinity ofthe Work before starting any construction on the
Work. The notice shall give the date or dates that the Contractor intends to start work and
the location of his construction activities.
B. The Contractor shall be responsible for checking with the owners of the private and public
utilities as to the locations of such utilities; i.e., water service lines, valve boxes, sanitary
sewer services, natural gas lines, propane lines, underground telephone lines, underground
satellite dish lines, etc. The Contractor shall be solely responsible for any damage done to
such utilities due to failure to locate them or to properly protect them. The Contractor shall
bear all costs itt::urred to repair and/or replace any damaged utilities as a result of his work
and shall keep all utilities in service during the term of the contract at no cost to the Owner.
3. The Plans show the general locations of utilities. They are shown only to assist the
Contractor in preparation of his Bid, and should not be assumed to be complete or accurate in
location or amount.
ENGINEER'S SUPPLEMENTARY CONDITIONS 1
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D. Plans showing the locations of gas, power and telephone utilities within the project shall be
procured by the Contractor from the utility companies. It shall be solely the responsibility of
the Contractor to fully coordinate his work with the utility companies and to keep them
informed of his construction activities so that these vital utilities are fully protected at all
times.
5. The contractor shall be responsible for coordinating and paying for any work required to
stabilize utilities. This shall include but not be limited to holding poles, supporting guy
wires, staking lines out of trenches, etc.
ESC - 6.25 - TEMPORARY CONSTRUCTION SIGNING AND TRAFFIC CONTROL -
New Article
A. The Contractor shall furnish all signs, barricades, lights and other items to insure public
safety and to facilitate movement of vehicular and pedestrian traffic. When indicated in the
General Requirements of these Contract Documents, the Contractor shall furnish a detailed
signing plan showing how he plans to maintain traffic in and around the construction area.
2. The Contractor shall furnish and maintain such traffic control and signing in strict
accordance with the current edition of the Manual on Uniform Traffic Control Devices for
Streets and Highwavs, as published by the U.S. Department of Commerce. Costs for this
work will be considered incidental and no additional compensation will be allowed therefor.
ESC ~ 6.26 ~ TRAFFIC. NOISE. DUST. AND SMOKE CONTROL - New Article
A. The Contractor shall comply with all local, state and federal guidelines, laws and regulations
with regard to the following: 1) barricades, warning signs, and traffic control; 2) speed and
weight restrictions; 3) noise control; 4) dust control; and 5) smoke control The Contractor
shall submit to the Engineer an equipment, traffic and road closure plan for approval ten (10)
days in advance of the initiation of construction. The Owner further reserves the right to
reject any work completed prior to the issuing of approval of the required submittals
contained herein.
ESC ~ 6.28 - SURVEYS - New Article
A. The Owner will furnish all boundary surveys and establish all base lines for locating the
principal component parts of the Work together with a suitable number of bench marks
adjacent to the Work as shown in the Contracl Documents. From the information provided
~ by the Owner, unless otherwise specified in the Contract Documents, the Contractor shall
~ develop and make, with his own materials, labor and equipment, all detailed surveys needed
for construction such as slope stakes, batter boards, blue-tops, grade stakes and other
working points, lines, elevations and cut sheets.
ENGINEER'S SUPPLEMENTARY CONDITIONS 2
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3. The Contractor shall carefully preserve bench marks, reference points and stakes and, in case
of willful or careless destruction, will be charged with the resulting expense and shall be
responsible for any mistake that may be caused by their unnecessary loss or disturbance.
ESC - 10.01 - AUTHORIZED CHANGES IN THE WORK
Add the following to Paragraph lO.OIA.
The Owner reserves the right to modify or remove from the Contract any bid item or bid quantity in
order to stay within the allowed funding for the construction of the project.
ESC - 10.05 - CLAIMS AND DISPUTES
Add a new paragraph after paragraph 10.OS.D.
5. The Engineer may give the Contractor a written directive to proceed with the disputed work
and to maintain complete and accurate records of the time and costs associated therewith. In
completion of the project, time is of the essence. The Contractor shall continue to actively
execute all work that is not direct! y affected by the disputed work. When the Engineer gi ves
the Contractor a written notice to proceed with the disputed work, the Contractor shall,
without delay, issue a notice of protest and intent to claim and proceed with the disputed
work. Failure of the Contractor to actively and effectively pursue the work shall be
sufficient grounds for the Owner to terminate the services of the Contractor as provided in
Article 15.02 of the General Conditions; except, however, that the 7 -day notice of
termination shall be given only once. Resumption of work by the Contractor, afterreceiving
notice of termination, will not reinstate the 7-day notice period, and the Owner may, at any
time after the 7 -day period, immediately take whatever action the Owner deems necessary to
maintain the construction schedule, at the Contractor's expense.
ESC -14.02.A.3 - APPLICATION FOR PAYMENTS
Add the following to the end of paragraph 14.02.A.3.
In addition to the retainage herein discussed, the Owner will retain one (1) percent of the total
amount of each partial payment estimate for the Montana Contractor's Tax.
ESC - 16.02 - ARBITRA TIONILITIGA TION - New Article
"
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1. All claims, disputes, and other matters in question arising out of, or relating to, the Contract
Documents or the breach thereof, except for claims which have been waived by the making
of an acceptance of final payment as provided by Article 14.09, may be decided by
arbitration, if the parties mutually agree, in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association. Any agreement to arbitrate shall
be specifically enforceable under the prevailing arbitration law. The award rendered by the
ENGINEER'S SUPPLEMENTARY CONDITIONS 3
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arbitrators shall be final, and judgment may be entered upon it In any court having
jurisdiction thereof.
B.
Notice of the demand for arbitration shall be filed in writing with the Owner party to the
Contract Documents and with the American Arbitration Association, and a copy shall be
filed with the Engineer. Demand for arbitration shall in no event be made on any claim,
dispute, or other matter in question which would be barred by the applicable statute of
limitations.
3.
The Contractor shall carry on the work and maintain the progress schedule during any
arbitration proceedings, unless otherwise mutually agreed in writing.
4.
In any litigation arising out of the contract documents or any other action taken to enforce the
terms of the contract documents, the succes.sfullitigant shall be entitled to receive from
unsuccessful litigant, in addition to the costs and disbursements allowed by statute,
reasonable attorney's fees to be fixed and determined by the Court.
F'
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ENGINEER'S SUPPLEMENTARY CONDITIONS 4
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Notice of Award
Dated
PrOject
Owner:
Owner's Contract No:
Contract
Engineer's Project No.;
Bidder:
Bidder's Address; (send Certified Mail, Return Receipt Requested)
You are notified that yourBid dated _ for the above Contract has been considered. You are the Successful
Bidder and are awarded a Contract for
(Indicate total Work, alternates or sections or Work awarded.)
The Contract Price of your Contract is _
_ Dollars ($_).
(Insert appropriate data if Unit Prices are used. Change language for Cost-Plus contracts.)
_ copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
_ sets of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within [15] days of the date you receive this Notice of
Award.
1. Deliver to the Owner L--1 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 (Paragraph 5.01) [and Supplementary
Conditions (Paragraph SC-5.01 ).]
3. Other conditions precedent
Failure to comply with these conditions within the time specified will entitle Owner to consider you in default,
annul this Notice of Award and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you two fully executed
counterpart of the Contract Documents.
Owner
By:
~
.'
Authorized Signature
Title
Copy to Engineer
EJCDC No. ('-510 (2002 Edition)
Prepared by the Engineers' Joint Contract [)ocuments Committee and endorsed hy the
Associated General Contractors of Amcrica and the Construction Sp.,cifications Institute.
Pagc J of I
Client#: 67000
SHUMAKER
. ACORDTM
RODUCER
ontana International Ins.
~ Member of Payne Financial Group
P.O. Box 6710
reat Falls 59406-6710
RECEiVE
DATE (MMIDDIVYVY)
10/18/2006
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
CERTIFICATE OF LIABILITY INSURANCE
Shumaker Trucking & Excavatink
Contractors, Inc.; PO Box 1279 '" re at We
Great Falls, MT 59403
INSURERS AFFORDING COVERAGE
INSURER A: Cincinnati Insurance Company
SURER B:
NAIC#
INSURER 0:
INSURER E:
I fOVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
If~R NSRC TYPE Of INSURANCE POLICY NUMBER PJ>l-l~~:~~6g,W\E p~~fl(~~~~N LIMITS
GENERAL LIABILITY CPP0860775 12/31/05 12/31/06 EACH OCCURRENCE $1,000,000
- DAMAGE T9~RENTED
X COMMERCIAL GENERAL LIABILITY $500 000
II I CLAIMS MADE [K] OCCUR MED EXP (Anyone perool1) $10 000
X PO Ded:2,OOO PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $2.000 000
I ~'L AGGREAE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2.000.000
PRO- n
POLICY JECT LOC
A ~TOMOBILE LIABILITY CPP0860775 12/31/05 12/31/06 COMBINED SINGLE LIMIT
.!... ANY AUTO (Ea accident) $1,000,000
I ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
.!... HIRED AUTOS BODILY INJURY
$
I X NON-OWNED AUTOS (Per eccident)
-
X Drive Other Car PROPERTY DAMAGE
(Per accident) $
II GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
==i ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
II 3ESSIUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR D CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
II RETENTION $ $
WORKERS COMPENSATION AND I T~~-t~~Ws I IOJ~-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
II OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
If ~es, describe under
S ECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $
OTHER
I bSCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE: City of Bozeman Phase I Landfill Closure
Irotlflcatlon due to non-payment of premium will always be 10 days.
I~ERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
II Great West Engineering DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ---3.0..... DAYS WRITTEN
PO Box 4817 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Helena, MT 59604 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
I LORD 25 (20011081. of 2 AU;;;~IZED REPRESE~~IVE ..../I.~
~LJ_
#S255350/M215124 "--.... , AR1 @ ACORD CORPORATION 1988
---.......---.-...-
I
Certificate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED.
I
This is to Certify that
RECEIVED
OCT 1 6 2006
~ Liberty
~ Northwest,.
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Mt:.llb~t of Uberty Mutual Group
I
SHUMAKER TRUCKING & EXCAVATING
PO BOX 1279
GREAT FALLS MT 59403-1279
1.1.111.1...1..111.....11....11..1111..111.1..1...11.1...1..11
GreatWest
POBox 4555
Portland, OR 97208-4555
503.239.5800
I
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is, at the date of the certificate, insured by the Company under the policylies) listed below, The insurance afforded by the listed policy(ies) is
subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document
I
with reslllOcl to which this certificate may be issued.
EXPIRATION
TYPE OF POLICY DATE POLICY NUMBER LIMITS OF LIABILITY
COVERAGE AFFORDED UNDER W.C. LAW OF COVERAGE AFFORDED UNDER W.C. LAW OF
FOLLOWING STATES: FOLLOWING STATES:
~ WORKERS' MT
COMPENSATION 7/01/2007 WC4-1NC-012318
EMPLOYERS LIABILITY LIMITS EMPLOYERS LIABILITY LIMITS
Each Accident $ 1,000,000 Each Accident S
Disease ~ policy IImll S 1,000,000 Disease - policy Iimil S
Disease - each employee S 1 000,000 Oiseose - each employee S
MARITIME COVERAGE-FOLLOWING STATES LIMIT OF lIAB,-MARITIME COVERAGE
GENERAL LIABILITY General Aggregate S
0 Commercial General Products Comp/OPS Aggregate S
liability (Occurrence) Personal & Advertising Injury S
0 Owner's and Each Occurrence $
Contractor's Protective Fire Damage (Anyone fire) S
0 Medical Ex"ense IAnv one "erson) S
AUTOMOBILE LIABILITY
0 Any Auto CSl S
0 All owned Autos Bodily Injury (Per Person) $
0 Scheduled Autos Bodily Injury (Per Accident) S
0 Hired Autos Properly Damage S
0 Non-owned Autos
0 Garage liability
0
OTHER
LOCATION(5) OF OPERATIONS & JOB # (IF APPLICABLE) DESCRIPTION OF OPERATIONS
CITY OF BOZEMAN PHASE I LANDFILL CLOSURE ALL OPERATIONS OF INSURED
***PLEASE FAX TO PH 406-727-9995***
CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING
COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION DR LIABILITY OF ANY KIND UPON THE COMPANY, OR
REPRESENTATIVES.
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GREAT WEST ENGINEERING
PO BOX 48 17
HELENA MT 59604-4817
1.1.1.1.1...11.1111..11111111111.11.1.1111...1...1111..11'11.1
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MAILED TO:
I CERTIFA
EFS ms 10/11/2006
DATE ISSUED
BILLINGS Marketin9
OFFICE
'"
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer. and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08) 2 of 2
#S255350/M215124
.
NOTICE TO PROCEED
..
Dated: October 23, 2006
-
TO:
Schumaker Truckim! Excavating
(CONTRACTOR)
ADDRESS1:
PO Box 1279
Great Falls, MT 59403
.
.
-
Contract: City of Bozeman Phase I Landfill Closure
(Insert name of Contract as it appears in the Contract Documents)
Project: City of Bozeman Phase I Landfill Closure
OWNER'S CONTRACT NO. N/A
.
You are notified that the Contract Times under the above contract will commence to run on October 25,
2006. By that date, you are to start performing your obligations under the Contract Documents. In
accordance with Article 4 of the Agreement the date of Substantial Completion is December 24, 2006 and
the date of readiness for final payment is not applicable.
-
.
Before you may start any Work at the Site, you must
(add other rcquircments)
N/A
.
.
.
City of Bozeman
(OWNER) ~
~A.Q "
(AUTHORIZED SIGNATURE)
By:
.
. City of Bozeman
(TITLE)
.
Copy to ENGINEER
.
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.
(Use Certified Mail, Return Receipt Requested)
..
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EJCDC No. 1910-23 (1996 Edition)
Prepared by thc Engineers Joint Contract Documents Conunittee and endorsed by The Associated General Contractors of
America and the Construction Specifications Institute.
~....'~_\lr__ ...._ t[n~.' 'l;:,J....~~~" - -~':::::""::"_....!:..._"n ~ ~~~."'II'" &.I.3LILUL~.
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
u'nnecessary disputes.
If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be
addressed.
For sLlPplemental 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.
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EJCDC No. C-941 (2002 Edition)
Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the
Associated General Contractors of America and the Construction Srecifications Institute.
Page 2 of2
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Work Change Directive
No.
Date of Issuance:
Effective Date:
Project:
I Owner:
Owne~s Contract No..
Contract:
Date of Contract:
Contractor:
Engmeer'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:
o Authorization for Work described herein to proceed on the basis of Cost of the Work due to:
D Nonagreement on pricing of proposed change.
D 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
I"
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Authorized for Owner by:
Date
Accepted for Contractor by:
Date
Approved by Funding Agency (if applicable):
Date:
EJCDC Nn. C.940 (2002 Edition)
Prepared hy the Engineers' .Joint Contnd Documenb Committee and endorsed b~' the
Associated General Contractors of America and the Construction Specifications Institute.
Page 10ft
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PROGRESS PAY ESTIMATE
PROJECT:
OWNER:
CONTRACTOR:
CONTRACT CHANGE ORDER SUMMARY
AGENCY APPROVAL
NO. DATE AMOUNT
,
TOTAL $ -
DATE:
PAY ESTIMATE NO.:
PAYMENT PERIOD:
PROJECT NO.:
to
ESTIMATE
1. Original Contract $ -
2. Change Orders $ -
3. Revised Contract (1+2) $ -
4. Work Completed $ -
5. Stored Materials $ -
6. Total Earned to Date (4+5) $ -
7. Retainage @_%
8. Previous Payments $ -
9. Gross Amount Due (6-7-8) $ -
10.1% MT Gross Receipts Tax (9xl%) $ -
11. Net Due to Contactor (9-10) $ -
Contract Time
+ or - Change Order
Total Contract Time
Less Used
Total Days Remaining
Percent of Time Used
CONTRACT TIME
Start
Stop
o Weather Days
Substantial Completion
#DIV/O!
o
ENGINEER'S CERTIFICATION:
CONTRACTOR'S CERTIFICATION:
The undersigned Contractor certifies that to the best of their
knowledge, information and belief the work covered by this
payment estimate has been completed in accordance with
the contract documents, that all amounts have been paid by
the contractor for work for which previous payment estimates
was issued and payments received from the owner, and that
current shown herein is now due.
Contractor
By
Date
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APPROVED BY OWNER:
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Owner
By
Date
The undersigned certifies that the work has been
carefully inspected and to the best of their
knowledge and belief, the quantities shown in this
estimate are correct and the work has been
performed in accordance with the contract
documents.
Engineer
By
Date
ACCEPTED BY AGENCY:
The review and acceptance of this estimate does
not attest to the ccorrectness of the quantities
shown or that the work has been performed in
accordance with the contract documents.
By
Title
Date
PROGRESS PAY ESTIMATE
MATERIALS STORED THIS PERIOD
UNIT ttMmWnmWili 1mi)~liIiri.i~Irflj If:KnWrWHN mmWffMlmm lffWNNf;tM IHUnlN&f@{ ;vti@i!Jml~l' QUANTITY
I1~@~~~@~ml~ttfJ~t~~1~~ rg~~~lf1lj~ff.ft~ ~1J.ttl~~f~tlIt~ f~~~~~lf~~~l~~t~lt~fl ~JJttJt~~~~tf~JJll~~ ~~~~~~~!~if~~~t~I~lJJft r~~;r ~.W:.'~..
IIIIJllJI~flf~f ttl~~~~i~~~t~ii~till~Jit ~~IJlt~llttlf tlfI~ltI~~fI~~t~~ ~lI~J~r~~~rt]J~i ~~~1~~I~~~~~;~~~~~~~~t~~f:llrJf~ ~:~~::~::: ~~:~:W:'.
~~lf~~~l~J]~~lttt~Jlli~ ~li~~t~iftitrmmiJ ~~JJ{~f:t~J.rlfMl~~ ~~~~~@~~~~lIJ.tt@fiffI frff~trf.Jt~1~J1J~~~~ ~~~{~~~~t~lff~f~llfJ ~t.liimlgit.@f~U~t~~~~
i~if@t~tJl~lItil rJl~tiilg~i~~~~~J~flJ~ 'i~mI1~l~ttf@jJ f~~t~~Il~~~~f~lII~Il~ llI~11rltrlj!~ ~~~~!~llj~t~~t~lIfItJr~ ff~lffl;$Jjf.J1m~~~
PROJECT:
OWNER
CONTRACTOR
o
o
o
o
o
....
CONTRACT
AMOUNTS
EST. UNIT BID
UNIT QUANTITY PRICE
ITEM DESCRIPTION
TOTALS
@111~l@lllf~lMIll*tr~l~i~~J~~J!f~il~l4~~~~~~~~ $
ITEM DESCRIPTION
TOTALS
Total Work to Date and Stored Materials
TOTAL
COST
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
DATE PREPARED
PAY ESTIMATE NO
PAYMENT PERIOD
PROJECT NO.
THIS PERIOD
QUANTITY COST
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ .
$ -
$ .
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
m::m;M:::IHqn:r~l $ -
01/00/00
o
to
o
PROGRESS STATUS
PI3EVIOUS TO DATE TOTAL TO DATE
QUANTITY COST QUANTITY COST
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
Wl~mMmW@w.@ $ - !JWlfMWfMi.Hl $ -
COST
-------------------
Page 1
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Certificate of Substantial Completion
Project:
lowner:
Owner's Contract No.;
Co ntract
Date 01 Contract:
Contracto r.
Engineer's Project No.:
This [tentative] [definitive] Certificate of Substantial Completion applies to:
D All Work under the Contract Documents:
D The following specified portions:
Date 01 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
beiow.
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:
D Amended Responsibilities D 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,
Date
Executed by Engineer
,.
.
Date
Accepted by Contractor
Date
Accepted by Owner
EleDe No. C-62.5 (2002 Edition)
Prepared by the Engineers' Joint Contract Docwnents Committee and endorsed by the
Associ:ated General Contractors of America and the Construction Specificstions Institute.
Page 1 of!
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WAGE RATES
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MONTANA PREVAILING WAGE RATES
Heavy Construction
Rates effective: March 10, 2006
Brian Schweitzer, Governor
State of Montana
Keith Kelly, Commissioner
Department of Labor & Industry
To obtain copies of prevailing wage rate schedules, contact:
Research and Analysis Bureau, Workforce Services Division
Montana Department of Labor and Industry
P. Q. Box 1728, 840 Helena Ave.
Helena, MT 59624~1728
Phone 406~444~2430 FAX 406~444.2638
Toll free 800~541 ~3904
TOO 406~444~0532
We're also on the Internet at: www.ourfactsyourfuture.org
For information relating to public works projects and payment of
prevailing wage rates visit ERD at:
www.mtwagehourbopa.com or contact them at
Employment Relations Division
Montana Department of Labor and Industry
P. O. Box 6518
Helena, MT 59604-6518
Phone 406~444-5600
TOO 406~444~5549
r'
...
The Research and Analysis Bureau welcomes questions, comments and suggestions from the public. In addition, we'll do our
best to provide information in accessible format, on request, in compliance with the Americans with Disabilities Act.
1
Heavy Construction ~ Montana
MONTANA PREVAILING WAGE REQUIREMENTS
Heavy Construction
The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-
402 of the Montana Code Annotated, has determined the standard prevailing rate of wages for the
occupations listed in this publication.
The wages specified herein control the prevailing rate of wages for the purposes of 18-2-401, et seq., Montana
Code Annotated. it is required that each employer pay, as a minimum, the rate of wages, including fringe
benefits and zone pay applicable to those occupations 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.ourfactsyourfuture.org or by
contacting the Research and Analysis Bureau at (800) 541-3904 or TOO (406) 444-0532. In addition, this
publication provides general information concerning compliance with Montana's Prevailing Wage Law and
payment of prevailing wages. For detailed compliance information relating to Public Works projects 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.
Keith Kelly
Commissioner
Department of Labor and Industry
State of Montana
.'
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2
Heavy Construction - Montana
~, 'r":,~" 'r '";'1"
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TABLE OF CONTENTS
MONTANA PREVAILING WAGE REQUIREMENTS:
A. Date of Publication..... ........... ...... ........ ........ .................. .......... 4
B. Definition of Heavy Construction........................................... 4
C. Definition of Public Works Projects.. ................. ............. ........4
D. Prevailing Wage Schedule.......................................................4
E. Fringe Benefits................................................................ ........5
F. Apprentices....... ..................... ..... ....................... ........ ...... ........5
G. Posting Notice of Prevailing Wage................................ .........5
H. Employment Preference.............................................. . ...........5
1. Rates to use for Projects................. ............................... ..... ......5
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Heavy Construction ~ Montana
A. Date of Publication: March 10, 2006
B. Definition of Heavy Construction
The Administrative Rules of Montana (ARM) 24.17.501 (4) - (4)(a), Public Works Contracts For Construction
Services Subject to Prevailing Rates, states that "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 arc 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 ryfineries (other than buildings), pipe lines, ponds, pumping
stations (prefabricated drop-in units - not buildirigs), 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 supply lines (not incidental to
building), water and sewage treatment plants (other than buildings) and wells."
Federal Davis-Bacon wage rates as published in U.S. Department of Labor General Wage Decision No.
MT20030001 Modification No.14 have been adopted by the Montana Department of Labor and Industry for use
in Heavy Construction projects and are included in this publication. These rates apply statewide or as shown in
MT20030001 Modification No. 14.
C. Definition of Public Works Projects
The Montana Code Annotated (18-2-401 (I 1) (a)) defines "public works contract" as "a contract for construction
services let by the state, county, municipality, school district, or political subdivision or for nonconstruction
services let by the state, county, municipality, or political subdivision is 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
rates schedules for Building Construction, Highway Construction and Non-construction Services occupations
can be found on the Internet at www.ourfactsyourfuture.org or by contacting the Research and Analysis
Bureau at (800) 541-3904 or TDD (406) 444-0532.
E. Fringe Benefits
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Section 18-2-412 of the Montana Code Annotated states that:
"(1 )... a contractor or subcontractor may:
4
Heavy Construction - Montana
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(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 contrihution to a trustee or a third person pursuant to a fringe benefit fund, plan,
or program that meets the requirements ofthe Employee Retirement Income Security Act of 1974 or that is a
bona fide program approved by the United States Department of Labor; or
(c) make payments using any combination of methods set forth in subsections (1)(a) and (l)(b) so that
the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including
fringe benefits for health and welfare and pension contributions that meet the requirements of the Employee
Retirement Income Security Act of 1974, travel, or other bona fide programs approved by the United States
Department of Labor, that is 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 United States 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.
Employers are obligated to pay the wage rates and fringes as listed in the booklet, including the zone hourly rate
when applicable. For heavy and highway construction occupations, the vacation benefit amount is not included
in the prevailing wage rate, unless stated otherwise.
F. Apprentices
Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in
those programs. However, apprentices not registered in approved federal or state apprenticeship programs will
be paid the prevailing wage rate when working on a public works contract.
G. Posting Notice of Prevailing Wages
Section 18-2-406, Montana Code Annotated, provides that contractors, subcontractors, and employers who are
performing work or providing services under public works contracts as provided in this part shall post in a
prominent and accessible site on the project or work area, not later than the first day of work, a legible statement
of all wages to be paid to the employees on such site or work area.
H. Employment Preference
~ections 18-2-403 and 18-2-409, Montana Code Annotated require contractors to give preference to the
employment of bona fide Montana residents in the performance of work on public works contracts.
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I. Rates to Use for Projects
Rates to be used on a public works project are those that are in effect at the time the project and bid
specifications are advertised.
5
Heavy Construction - Montana
State: Montana
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MONTANA STATEWIDE PREVAILING
DAVIS-BACON
Rates Effective: March 10, 2006
HEAVY CONSTRUCTION WAGE RATES
General Wage Determinations Issued Under
the Davis-Bacon and Related Acts
Construction Types: Heavy
Counties: Montana Statewide.
6
Heavy Construction - Montana
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HEAVY CONSTRUCTION PROJECTS
ZONE DEFINITIONS
CARPENTERS, *CEMENT MASONS, LABORERS, POWER EQUIPMENT OPERATORS
AND TRUCK DRIVERS
The zone hourly rates applicable to each project shall be
determined by measuring the road miles over the shortest
practical maintained route from the nearest County Court House
of the following listed towns to the center of the job:
BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HAVRE, HELENA,
KALIS?ELL, LEWISTOWN, MILES CITY, MISSOULA
Zone 1:
Zone 2:
Zone 3:
o to 30 miles - Base Pay
30 to 60 miles - Base Pay + $2.95
Over 60 miles - Base Pay + $4.70
*CEMENT MASONS ZONES: The above cities plus DILLON, GLASGOW,
GLENDIVE, SIDNEY
------~~-~~------~-~~--~----------~--~~--------~----------~~----
Modification Number
o
1
Publication Date
06/13/2003
11/07/2003
11/28/2003
01/23/2004
03/05/2004
04/09/2004
05/07/2004
09/10/2004
10/08/2004
04/01/2005
04/08/2005
04/22/2005
OS/27/2005
06/24/2005
09/09/2005
2
3
4
5
6
7
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9
10
11
12
13
14
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Heavy Construction - Montana
Carpenters: (Zone 1)
Carpenter & Pilebuck........$ 19.60
Millwright. . . . . . . . . . . . . . . . . . . . . $ 21.60
7.80
7.80
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* CARP0028-002 06/01/2005
Rates
Fringes
----------------~~~~~---------~~~-~-~---------~--~--------~-----
CARP0028-004 06/01/2004
Rates
Fringes
Diver Tender.. ....... ..........$ 27.30
Dive r. . . . . . . . . . . . . . . . . . . . . . . . . . $ 57. 50
7.45
7.45
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-----------------~-~-------------~-------------~~--------~-----~
ELEC0044-001 06/01/2002
Beaverhead, Big Horn, Blaine, Broadwater, Carbon, Carter,
Cascade, Chouteau, Custer, Daniels, Dawson, Deer Lodge, Fallon,
Fergus, Gallatin, Garfield, Glacier, Golden Valley, Granite,
Hill, Jefferson, Judith, Basin, Lewis And Clark, Liberty,
Madison, McCone, Meagher, Mineral, Missoula, Musselshell, Park,
Petroleum, Phillips, Pondera, Powder River, Powell, Prairie,
Ravalli, Richland, Roosevelt, Rosebud, Sheridan, Silver Bow,
Stillwater, Sweet Grass, Teton, Toole, Treasure, Valley,
Wheatland, Wibaux, And Yellowstone Counties
Rates
Fringes
Line Construction
(1) Lineman.................$ 25.79
(2) Equipment Operator......$ 20.63
(3) Experienced Groundman...$ 16.76
Electrician........ ............$ 23.26
3%+8.04
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4.25%+6.71
4.25%+6.34
4.25%+6.07
------~~---~~~---------~~-~------------~-~-----------~------~-~-
ELEC0233-001 06/01/2004
Blaine, Broadwater, Cascade, Chouteau, Fergus, Glacier, Hill,
Judith Basin, Lewis & Clark, Liberty, Meagher, Petroleum,
Phillips, Pondera, Teton, Valley, and Wheatland Counties
Rates
Fringes
~----------------~--~~~-~-------~---~~-------~---~------~-------
8
Hcavy Construction - Montana
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ELEC0233~002 06/01/2004
Beaverhead, Deer Lodge, Granite, Jefferson, Madison, Powell, And
Silver Bow Counties
Rates
Fringes
Electrician........ .... ...... ..$ 23.25
3%+8.49
* ELEC0532-001 06/01/2005
Gallatin, Park, And Sweet Grass Counties
Rates
Fringes
Electiician........ .......... ..$ 22.94
4.25%+8.00
ELEC0532-003 06/01/2004
Big Horn, Carbon, Carter, Custer, Daniels, Dawson, Fallon,
Garfield, Golden Valley, McCone, Musselshell,Powder River,
Prairie, Richland, Roosevelt, Rosebud, Sheridan, Stillwater,
Treasure, Wibaux And Yellowstone Counties
Rates
Fringes
Electrician......... ......... ..$ 24.08
4.259,,+8.64
ELEC0768~001 03/01/2005
Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, And
Sanders Counties
Rates
Fringes
Electrician....................$ 25.20
9.16
9
Heavy Construction ~ Montana
--:-::j'J"......c"-:---:-~.
Line Construction
(1) Cable Splicer...........$ 30.39
(2) Lineman.................$ 27.97
(3) Groundman............... $ 1 7 . 47
(4) Line Equipment Operator.$ 21.67
(5) Pole Sprayer............$ 22.57
(6) Tree Trimmer............$ 23.42
(7) Utility Locator.........$ 15.40
10.76
10.59
9.92
10.22
10.28
10.35
9.78
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ELEC0768-003 04/01/2005
Flathead, Lake, And Lincoln Counties
Rates
Fringes
ENGI0400-001 05/01/2005
Rates
Fringes
Power Equipment Operator
(Zone 1)
Group 1..................... $ 20.62
Group 2..................... $ 21. 09
Group 3..................... $ 21. 49
Group 4..................... $ 22. 15
Group 5..................... $ 22. 65
Group 6..................... $ 23. 75
Group 7..................... $ 24.25
7.55
7.55
7.55
7.55
7.55
7.55
7.55
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POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Air Compressor; Auto Fine Grader; Belt Finishing
Machine; 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; Heavy Duty Drills; Herman Nelson
Heater; Mulching Machine; Oiler, all except Cranes. &
Shovels; Pumpman.
GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to and
including 3 cu yd; Bit Grinder; Bituminous 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 to including 5 cu yd;
Grade Setter; Heavy Duty Drills, all types; Hoist/Tugger,
10
Heavy Construction - Montana
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all; Hydralift & similar; Industrial Locomotive; Motor
Patrol, except Finish; Mountain Skidder; Oiler - Cranes &
Shovels; Pavement Breaker, EMSCO; Power Saw,
self-propelled; pugmill; Pumpcrete/Grout Machine; Punch
Truck; Roller, other than Asphalt; Roller, Sheepsfoot,
self- propelled; Roller, 25 tons and over; Ross Carrier;
Rotomill under 6 ft; Trenching Machine; Washing/Screening
Plant.
GROUP 3: Asphalt Paving Machine; Asphalt Screed;
Backhoe/Excavator/Shovel over 3 cu yd; 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 yd; Mechanic/Welder; Pioneer
Dozer; Roller, Asphalt (Breakdown & Finish); Rotomill, over
6 ft; Scraper, single, twin, or pulling Belly Dump; Yo-Yo
Cat.
GROUP 4: Asphalt/Hot Plant Operator; Cranes, 25 tons to 44
tons; Crusher Operator; Finish Motor Patrol; Finish Scraper.
GROUP 5: Cranes, 45 tons to including 74 tons; Crane, Tower,
all.
GROUP 6: Cranes, 75 tons to including 149 tons; Crane,
Whirley, all.
GROUP 7: Cranes, 150 tons to including 250 tons (add $1.00
for every 100 tons over 250 tons); Crane, Stiff-Leg or
Derrick; Helicopter Hoist.
IRON0841-002 07/01/2003
Remaining Counties
Rates
Fringes
Ironworker.....................$ 19.20
12.51
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Heavy Construction - Montana
Laborers: (Zone 1)
Group 1..................... $ 14.52
Group 2..................... $ 1 7 .34
Group 3..................... $ 1 7 . 48
Group 4..................... $ 18.:2 0
5.50
5.50
5.50
5.50
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LAB00098-001 05/01/2004
Rates
Fringes
LABORERS CLASSIFICATIONS
GROUP 1: Flagperson
GROUP 2: All General Labor ~ork; 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;
Fence Erector; Form Setter; Form Stripper; Heater Tender;
Landscaper; Pipe Wrapper; Pot Tender; Powderman Tender;
Rail and Truck Loaders and Unloaders; Riprapper; Sealants
for concrete and other materials; Sign Erection, Guard Rail
and Jersey Rail; Stake Jumper; Spike Driver; Signalman;
Tail Hoseman; Tool Checker and Houseman; Traffic Control
worker.
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GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment
Handler; Geotextile and Liners; High-Pressure Nozzleman;
Jackhammer (Pavement Breaker); Laser Equipment; Non-Riding
Rollers; Pipelayer; Posthole Digger (Power); Power Driven
Wheelbarrow; Rigger; Sandblaster; Sod Cutter~Power;
Tampers; Creosote Handler
GROUP 4: Asphalt Raker; Asbestos Laborer; Cutting Torch;
Grade Setter; Hazmat Worker; High- Scaler; Power Saws
(Faller & Concrete); Powderman ($1.00 per hour above Group
4 rate); Rock & Core Drill; Tank/Vessel Cleaner; Track or
Truck mounted Wagon Drill; Welder including Air Arc
12
Hcavy Construction - Montana
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PAIN0260~001 07/01/2002
Blaine, Broadwater, Cascade, Chouteau, Daniels, Fergus,
Garfield, Glacier, Granite (South Of A Line Running East & West
Through The Southern City Limits Of Phillipsburg), Hill,
Jefferson, Judith Basin, Lewis And Clark, Liberty, McCone,
Meagher, Petroleum, Phillips, pondera, Powell (South Of A Line
Running East & West Through The Southern City Limits Of
Helmsville), Richland, Roosevelt, Sheridan, Teton, Toole,
Valley, And Wheatland Counties
Rates
Fringes
Painter. . . . . . . . . . . . . . . . . . . . . . . . $ 13.85
1%+3.45
----------------------~---------~~------------I------------------
PAIN0260-002 07/01/2002
Flathead, Granite (North Of A Line Running East & West Through
The Southern City Limits Of Phillipsburg), Lake, Lincoln,
Mineral, Missoula, Powell (North Of A Line Running East & West
Through The Southern City Limits Of Helmsville), Ravalli, And
Sanders Counties
Rates
Fringes
Painter........................$ 16.85
1%+3.45
---~~~-~------~~~~-----~~~---------~~~------------~-~-----------
PAIN1922-001 06/01/2001
Beaverhead, Big Horn, Carbon, Carter, Custer, Dawson, Deer
Lodge, Fallon, Gallatin, Golden Valley, Jefferson, Madison,
Musselshell, Park, Powder River, Prairie, Rosebud, Silver Bow,
Stillwater, Sweet Grass, Treasure, Wibaux, And Yellowstone
Counties
Rates
Fringes
Painter (Industrial, includes
industrial plants, tanks,
pipes, bridges)................$ 17.80
7.63
---~-----~-~-~------~~----------------~~~--~------------~-~--~--
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Hcavy Construction - Montana
PI umbe r. . . . . . . . . . . . . . . . . . . . . . . . $ 24. 70
9.55
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PLASOl19-001 05/01/2005
Statewide (except Deer Lodge, Jefferson, Powell, and Silver Bow
Counties)
Rates
Fringes
Cement Masons: (Zone 1)
Area 1...................... $ 1 7 . 71
Area 2...................... $ 18.82
6.20
6.20
AREA 1: Statewide (except Deer Lodge, Jefferson, Powell, and
Silver Bow Counties)
AREA 2: Deer Lodge, Jefferson, powell, And Silver Bow
Counties
------~~-----~~~-------------~~-----~------~----~~---~~---~~----
PLUM0030-003 09/01/2004
Bighorn, Blaine, Carbon, Carter, Cascade, Chouteau, Custer,
Daniels, Dawson, Fallon, Fergus, Garfield, Glacier, Golden
Valley, Hill, Judith Basin, Liberty, McCone, Meagher,
Musselshell, Petroleum, Phillips, Pondera, Powder River,
Prairie. Richland, Roosevelt, Rosebud, Sheridan, Stillwater,
Teton, Toole, Treasure, Valley, Wheatland, Wibaux And
Yellowstone Counties
Rates
Fringes
PI umbe r. . . . . . . . . . . . . . . . . . . . . . . . $ 24. SO
Industrial - Power
Generating Plants...........$ 26.85
10.65
10.65
~~-----~~~-------~-----~--------~------~~---~~----~-------------
* PLUM0041-001 07/01/2005
Beaverhead, Broadwater, Deer Lodge, Gallatin, Granite,
Jefferson, Lewis And Clark, Madison, Park, Powell, Silver Bow,
And Sweet Grass Counties
Rates
Fringes
----~-~~----~-~-----~~----~~-~--v--~-~-----~---~-----~----~----~
14
Heavy Construction - Montana
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PLUM0459-001 05/01/2004
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Flathe3~. Glacier, Lake, Lincaln, Mineral, Missoula, Ravalli,
And SaI,:",..-,r ::',
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Fringes
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PI umbe r _ _ _ . . . . . . . . . . . . . . . . . . . .
9.30
23.41
-~~~----~----~--------~---------~-~~-~------~~~~~------------~~-
TEAM0002-00l 06/01/2003
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Fringes
Truck drivers: (Zone 1)
Group 1............... _ . . . . . $ 13. 31
Group 2...... _ _ . . . . . . . . . . . . . $ 1 7 .34
5.31
5.31
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TRUCK DRIVERS CLASSIFIC~TIONS:
GROUP 1: Pilot Car
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GROUP 2: All Combination Trucks and Concrete Mixers;
Distributor Driver; All Dry Batch Trucks; Dumpman, Gravel
Spreader Box Operator; All Dump Trucks and similar
equipment including DW 20, DW 21, or Euclid Tractor;
Dumpsters; Flat Trucks; Servicemen; Lowboys, Four-Wheel
Trailers; Float Semi-Tr2iler; Lumber Carriers, Lift Trucks
& Fork Lifts; Pick-up Driver hauling material; Powder
Truck (Bulk Unloader type); Power Boom; Service Truck
Dirvers, Fuel Truck Drivers, Tiremen; All Water Tank
Drivers; Petroleum Products Drivers; Trucks with Power
Equipment such as Winch, A-Frame Truck, Crane, Hydralift,
Gout-Crete Truck, and Combination Mulching, Seeding &
Fertilizing Truck; Truck Mechanic
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--~--------~-~-------~~-----~~-------~~----------~-~---------~-~
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
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-------~--------~~-~------~-~-------~---~~---~~-------------~---
--~-~---------~~----~--'~-~-----~~-------~----~-------~~---------
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Unlisted classifications needed for work not included within
~
the scope of the classifications listed may be ~dded after
award only as provided in the labor standards contract clauses
( 2 9 C FR 5. 5 ( a ) ( 1 ) ( i i) ) .
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Heavy Construction - Montana
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:~:: .,,'" ~."""""
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In the listing above, _.t.lle "SU" designation means that rates
llSLeQun-r:ler the identifier do not -r.Gfl--Qc..t collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
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:::;;:=:;:::::::::::;::::;::==~======;::;;::=====:;;::::::=:::: ==:=============:;;;;;;::;::::::::::~==========:;:;::::;;;:::;;::;::::=:::=:::.;.~-;:;;;;===-==:.::=:=.=====::::;;;:=;;;::: =====-==::::::;:
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END OF GENERAL DECISION
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SPECIAL PROVISIONS
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SPECIAL PROVISIONS
SPl. GENERAL
The Technical Specifications are comprised of specifications from the Montana Public Works
Standard Specifications, (hereinafter referred to as the Standard Specifications), addendums to the
Standard Specifications (induded at the beginning of each section where applicable), and
specifications developed by the Engineer. The section used from the Standard Specifications is
02221 and the Associated Standard Drawing.
These Special Provisions shall serve to supplement and/or addend the Technical
Specifications. The stipulations indicated in these Special Provisions shall supersede all other
sections of the Plans and Specifications.
SP2. PROJECT DESCRIPTION
The proposed project consists of constructing a final soil cover system for Phase I of the City
of Bozeman solid waste disposal facility. The project consists of an 4.7 acre 5.5-foot thick multi-
component cover system, leachate c1eanout extensions, miscellaneous drainage improvements and
seeding. The final cover system is a monolithic evapotranspiration (ET) cover system comprising
the following from bottom to top: 5-foot thick ET soil layer and 0.5-foot topsoil layer. The
alternative final cover system, via on-site pilot testing, has demonstrated equivalency with
conventional lined RCRA Sub-Title D clay/composite caps and has subsequently been approved by
the Montana Department of Environmental Quality.
SP3. UNSCHEDULED EMPLOYMENT OF THE ENGINEER
Liq uidated damages for the unscheduled employment of the Engineer and/or Inspector will be
assessed against the Contractor necessitated by (1) the Contractor working beyond the specified
contract time; (2) the Contractor working more than 8 hours per day, (or 40 hours per week if four
ten hour shifts are run) or on Saturdays, Sundays, and Federal Holidays; (3) the Contractor utilizing
material, supplies, or equipment that requires the redesign of the project; (4) the Contractor
destroying or disturbing baselines benchmarks or reference stakes; and (5) the failure of the
Contractor to maintain acceptable as-built records. Liquidated damages for the unscheduled
employment of the Engineer and/or Inspector shall be determined based on the following hourly
rates:
Project Manager
ProjEf.ct Engineer
Inspector
Clerical
Mileage
Nuclear Densometer
Straight Time
$lOO.OO/Hour
$84.00/Hour
$74.00/Hour
$46.00/Hour
$ 0.55/Mile
$75.00/Day
The rates listed herein are subject to changes on January 1st of each year.
SPECIAL PROVISIONS 1
Out of pocket expenses for materials, equipment, supplies, transportation, and subsistence shall be
billed at cost plus ten percent. Liquidated damages for unscheduled employment of the Engineer
ancl/or Inspector shall be deducted from monthly progress payments and the final payment as the
damages are incurred.
SP4. PERMITS
The Owner and Engineer shall obtain the following permits at no expense to the Contractor;
a. Stormwater Discharge Permit and Erosion Control Plan
b. DEQ Design Approval
The Contractor will be responsible for obtaining all other permits required by Local, State or
Federal jurisdictions.
SPS. NA TURE OF SOILS I GEOTECHNICAL REPORT
Many test pits and test borings have been dug at various points throughout the site. The large
majority of the soils the Contractor will encounter in his excavations will be silty clays, silty clay
loams, and loams. The Contractor may assume that no bedrock will be encountered in the
excavation. The Contractor shan be responsible for satisfying himself as to the actual nature of the
soils, etc. For the Contractor's benefit, a copy of the soils report is enclosed within Appendix B.
SP6. FINAL CLEANUP
Excess material accumulated from construction, such as piles of gravel or soil, broken pipe or
concrete, debris, papers, rejected materials, worn out equipment parts, waste liner material, etc. shall
be picked up and disposed of at the landfill.
SP7. SELECT ENGINEERING MATERIAL, HAUL ROADS, AND WATER SOURCES,
The Owner has designated borrow areas on-site for ET layer material, and topsoil material
(see plans). The Contractor will be responsible for reclaiming borrow areas. Topsoil shall be
stripped from the ET borrow area, stockpiled, and used to cover the ET layer. The extra topsoil shan
be stockpiled for future use. The stockpile location for excess top soil is shown on the plans.
The Contractor shall be responsible for locating, developing, and reclaiming all engineering
material, water, etc, sources for this project that are not made available to the Contractor on site and
for all royalties and costs associated therewith.
The Contractor shall be fully responsible for maintaining and repairing all roads used for
hauling materials to or from the project.
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SPECIAL PROVISIONS 2
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SP8. TOLERANCES
Unless otherwise specified, the Contractor shall construct all earthwork and piping within a
tolerance of :!:two inches in the vertical direction and one foot in the horizontal direction.
SP9. FIELD OFFICES / RESIDENT INSPECTOR'S TELEPHONE
The Contractor shall maintain a suitable office at the site which shall serve as headquarters
for his superintendent. All communications, drawings, instructions, and other articles will be
delivered to the Contractor's field office or to the Contractor's main office as appropriate.
Communications delivered to either location shall be deemed to have been delivered to the
Contractor.
The Contractor shall maintain copies of record drawings, specifications, shop drawings,
submittals, and ~ll communications pertinent to the performance of the work at the field office and
available for use at all times.
The Contractor does not need to provide a field office for the Engineer. The Contractor shall
be responsible for providing a cellular telephone for the inspector. The cellular phone shall have
good reception at the landfill site. The Contractor will be responsible for all phone bills incurred on
the inspector's telephone up to a maximum of 800 minutes per month. The Engineer will be
responsible for extra costs associated with exceeding the 800 minutes/month maximum.
SPIO. CONSTRUCTION STAKING
The Engineer will provide the following staking consisting of wooden stakes or poppies.
*
Vertical control consisting of a benchmark elevation as indicated on the
Plans.
Phase I ET Layer ~ Horizontal control representing the perimeter of the Phase
I cell ET layer, consisting of stakes at PC, PT, and every 200 ft, as shown on
the Plans.
ET Layer and Topsoil Borrow - Horizontal control consisting of perimeter
stakes at each PC, PT and a minimum of every 200 feet.
*
*
The Contractor shall provide all additional staking necessary for vertical and horizontal
control including offsets such that the project may be completed in accordance with the plans and
specifications. The Contractor will pay for replacement of any stakes or benchmarks which are
destroyed by the Contractor.
SPI1. TESTING
.'
Complete testing of all components of the project shall be required to the satisfaction of the
Owner and the Engineer. All defects and performance problems revealed by the testing shall be
remedied to the satisfaction of the Engineer by the Contractor at no additional expense to the Owner.
The Engineer will conduct the tests listed below at no cost to the Contractor, except for
retests. Should the materials fail to meet the test specified, the Contractor shall pay the costs of all
SPECIAL PROVISIONS 3
retests conducted by the Engineer, or the Contractor may elect to have a certified testing laboratory
conduct retests at the Contractor's expense.
The Engineer shall conduct the following tests at no cost to the Contractor except for retests
as stipulated above:
a) In-place density and moisture testing of embankment and backfill as outlined within
the Special Provisions.
b) The Engineer has provided several proctor tests for native soils within Appendix B.
The Contractor may utilize these curves for compaction. If the Contractor wishes
additional proctor tests, he will pay for them.
The Contractor shall conduct and pay for the following tests:
a) Othertests as outlined in the Technical'Specifications.
All tests which are the responsibility of the Contractor shall be conducted by an approved
'tes'ting laboratory or individual. Acceptance or rejection of materials will generally be determined
from tests made in-place in the field.
SP12. DENSITY AND MOISTURE TESTING STANDARDS
The Engineer shall conduct moisture and density testing on-site. The Engineer has provided
all proctor testing that should be needed for the native soils to be used for ET embankment on-site.
This information is enclosed in Appendix B. Embankment shall be constructed in accordance with
Section 02320 of the Technical Specifications and Section 02221 of the Montana Public Works
Specifications. Density and moisture testing shall be completed according to the minimum standards
shown in the following table.
ITEM
COMPACTION STANDARD
TESTING FREQUENCY
Sitework Items
ET layer
85% of Std. Proctor (Maximum Compaction) 5 tests/acre
The testing frequencies listed above are the minimum requirements. The Engineer reserves
the right to perform additional testing should the material, moisture, compaction equipment or other
condition change substantially.
SP13. PROPERTY PINS & MONITORING WELLS PROTECTION
The Contractor shall take extreme caution to protect and preserve existing property pins and
1,:Ponitoring wells. Locations of Monitoring Wells and property lines are shown on the plans. The
Contractor shall replace, at his own expense, any property pins and/or monitoring wells that may be
damaged during construction.
SPECIAL PROVISIONS 4
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SP14. SAFETY
The Contractor shall be responsible for identifying and meeting all safety standards that are
applicable to this project. The Contractor shall hold harmless the Owner and the Engineer from any
claims made as a result of the Contractor's responsibilities in this regard.
SPlS. TEMPORARY ACCESS ROADS
Any temporary roads needed by the Contractor to construct the project will be constructed by
the Contractor at no additional cost to the Owner. Temporary access roads will need to
accommodate surface run-off and drainage on-site. All temporary access roads will be approved by
the Engineer prior to being constructed by the Contractor. Temporary roads will be reclaimed after
the project unless otherwise approved by the Owner to remain in place.
SP16. STORMW A TER EROSION CONTROL
The Owner currently possesses a general permit for stormwater discharges associated with
Industrial Activity. For Industrial activity whose development over time inherently requires
construction activity (i.e. landfill cell development and closure), the DEQ requires an erosion control
plan for construction activity related to this permit. Therefore, a NOI and an ECP must be submitted
prior to construction taking place and will be a part of the construction activity SWPPP.
The owner has storm water erosion control measures on-site which will preclude the need for
contractor-constructed controls except at the borrow area. The Contractor will be responsible for
control of stormwater from the borrow area. Controls will include down gradient straw rolls as
indicated in the SWPPP. Examples of on-site controls include a storm water detention pond
downgradient of the construction area. The Engineer has written an erosion control plan (ECP) and
Notice of Intent (NOI) for the project. Once the Notice of Award has been signed, the Contractor
will be responsible for signing the approved ECP plan and submitting a complete Notice of Intent
(NOI) package to the Montana Department of Environmental Quality (DEQ). The Owner will pay
costs associated with the permit application. Copies of the draft Erosion Control Plan and Notice of
Intent are included in Appendix A. The Contractor will comply with the provisions of the Erosion
Control Plan. The Engineer will insure contractor compliance with the Erosion Control Plan. At the
end of the project, the Owner will be responsible for submitting and signing a completed Notice of
Termination (NOT) form to the DEQ
SP17. ET LAYER AND TOPSOIL BORROW AREA
The area proposed for excavation of the ET borrow site is shown on the plans.
The Contractor will strip the topsoil from the ET borrqYl area to a minimum depth of 12",
stockpile it and use it for the topsoil layer of the cover. The remaining topsoil not utilized in the
closure project will be stockpiled for future use.
SPECIAL PROVISIONS 5
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DIVISION 1
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SECTION 01100
SUMMARY
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and Special Provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 WORK COVERED BY CONTRACT DOCUMENTS
A. Project Identification: Project consists of closure and construction of a final cover
system over the Phase I cell of the City of Bozeman Landfill. The project consists of an
4.7 acre cover system comprising 5' ET soil layer and OS topsoil layer. Other
elements include leachate collection pipinglcleanout extensions, seeding, drainage
improvements and other miscellaneous work.
1. Project Location: Bozeman, Montana.
2. Owner: City of Bozeman
B. Engineer Identification: The Contract Documents, dated July 2006, were prepared by
Great West Engineering of Helena, Montana.
C. The Work consists of construction of the Phase I final cover for the City of Bozeman
Landfill.
1. The Work includes excavation, embankment, HDPE leachate piping, cleanouts,
drainage improvements, seeding and other miscellaneous work.
1.3 CONTRACT
A. Project will be constructed under a general construction contract.
1.4 USE OF PREMISES
A. General: Contractor shall have full u..<;e of premises for construction operations,
including use of Project site, during construction period. Contractor's use of premises is
limited only by Owner's right to perform work or to retain other contractors on portions
of Project.
B. General: Contractor shall confine his operations to the Owner's property as detailed in
the Plans. Materials and equipment may be stored on the project site at locations
SUMMARY 01100-1
approved by the Owner. It shall he 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. The Contractor shall provide written permission from the
landowner if he wishes to store equipment or materials on private property.
C. The Contractor shall coordinate his work in such a manner as to not interfere with
Owner's operation of the landfill.
1.5 SPECIFICATION FORMATS AND CONVENTIONS
A. Specification Format: The Specifications are organized into Divisions and Sections
using the 16-division format and CSI/CSC's "MasterFormat" numbering system.
1. Section Identification: The Specifications use section numbers and titles to help
cross-referencing in the Contract Documents. Sections in the Project Manual are
in numeric sequence; however, the sequence is incomplete. Consult the table of
contents at the beginning of the Project Manual to detennine numbers and names
of sections in the Contract Documents.
B. Specification Content: The Specifications use certain conventions for the style of
language and the intended meaning of certain terms, words, and phrases when used in
particular situations. These conventions are as follows:
1. Abbreviated Language: Language used in the Specifications and other Contract
Documents is abbreviated. Words and meanings shall be interpreted as
appropriate. Words implied, hut not stated, shall be inferred as the sense requires.
Singular words shall be interpreted as plural, and plural words shall be interpreted
as singular where applicable as the context of the Contract Documents indicates.
2. Imperative mood and streamlined language are generally used in the
Specifications. Requirements expressed in the imperative mood are to be
performed by Contractor. Occasionally, the indicative or subjunctive mood may
be used in the Section Text for clarity to describe responsibilities that must be
fulfilled indirectly by Contractor or by others when so noted.
a. The words "shall," "shall be," or "shall comply with," depending on the
context, are implied where a colon (:) is used within a sentence or phrase.
END OF SECTION 01100
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SUMMARY 01lO0-2
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SECTION 01250
CONTRACT MODIFICATION PROCEDURES
PART 1 ~ GENERAL
1.1 RELATED DOCUHENTS
A. Drawings and Special Provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section specifies administrative and procedural requirements for handling and
processing Contract modifications.
B. Related Sections include the following:
1. Division I Section "Measurement & Payment" for administrative requirements.
2. Division 1 Section "Product Requirements" for administrative procedures for
handling requests for substitutions made after Contract award.
1.3 VARIATIONS IN WORK
A. Engineer will issue a Field Order authorizing vanatlOns 10 Work, not involving
adjustment to the Contract Sum or the Contract Time.
1.4 PROPOSAL REQUESTS
A. Owner-Initiated Proposal Requests: Engineer will issue a detailed description of
proposed changes in the Work that may require adjustment to the Contract Sum or the
Contract Time. If necessary, the description will include supplemental or revised
Drawings and Specifications.
1.
Proposal Requests issued by Engineer are for information only. Do not consider
them instructions either to stop work in progress or to execute the proposed
change. ,.
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Within time specified in Proposal Request after receipt of Proposal Request,
submit a quotation estimating cost adjustments to the Contract Sum and the
Contract Time necessary to execute the change.
2.
CONTRACT MODIFICATION PROCEDURES 01250-1
1.5
1.6
a. Include a list of quantities of products required or eliminated and unit costs,
with total amount of purchases and credits to be made. If requested, furnish
survey data to substantiate quantities.
b. Indicate applicable taxes, delivery charges, equipment rental, and amounts
of trade discounts.
c. Include an updated Contractor's Construction Schedule that indicates the
effect of the change, including, but not limited to, changes in activity
duration, start and finish times, and activity relationship. Use available total
float before requesting an extension of the Contract Time.
B.
Contractor-Initiated Proposals: If latent or unforeseen conditions require modifications
to the Contract, Contractor may propose changes by submitting a request for a change.
1. Include a statement outlining reasons for the change and the effect of the change
on the Work. Provide a ,complete description of the proposed change. Indicate
the effect of the proposed change on the Contract Sum and the Contract Time.
2. Include a list of quantities of products required or eliminated and unit costs, with
total amount of purchases and credits to be made. If requested, furnish survey
data to substantiate quantities.
3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of
trade discounts.
4. Include an updated Contractor's Construction Schedule that indicates the effect of
the change, including, but not limited to, changes in activity duration, start and
finish times, and activity relationship. Use available total float before requesting
an extension of the Contract Time.
5. Comply with requirements in Division 1 Section "Product Requirements" if the
proposed change requires substitution of one product or system for product or
system specified.
CHANGE ORDER PROCEDURES
A.
On Owner's approval of a Proposal Request, Engineer will issue a Change Order for
signatures of Owner and Contractor on ElCDC form 1910-8-B enclosed herein.
WORK CHANGE DIRECTIVE
A.
Work Change Directive: Engineer may issue a Work Change Directive on ElCDC
Document 191O-8-F. Work Change Directive instructs Contractor to proceed with a
change in the Work, for subsequent inclusion in a Change Order.
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1. Work Change Directive' contains a complete description of change in the Work. It
also designates method to be followed to determine change in the Contract Sum
or the Contract Time.
CONTRACT MODIFICATION PROCEDURES 01250-2
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B. Documentation: Maintain detailed rEe, ,)rds on a time and--":rfiatenal basis of work
required by the Work Change Directi Vt. _-----------"------
1. After completion of change, submIt an itemized account and supporting data
necessary to substantiate cost and time adjustments to the Contract.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 01250
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CONTRACT MODIFICATION PROCEDURES 01250-3
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SECTION 01275
MEASUREMENT AND PAYMENT
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and Special Provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for measurement and
payment.
1.3 DEFINITIONS
A. Unit price is an amount proposed by bidders, stated on the Bid Form, as a price per unit
of measurement for materials or services added to or deducted from the Contract Sum
by appropriate modification, if estimated quantities of Work required by the Contract
Documents are increased or decreased.
1.4 PROCEDURES
A. Unit prices and lump sum prices include all necessary material, plus cost for delivery,
installation, insurance, overhead, and profit.
B. Measurement and Payment: The Measurement and Payment sections do not necessarily
name all incidental items required to complete the work. The cost of all such
incidentals shall be included in the various related items of work. All estimated
quantities stipulated in the Bid Forms or other Contract Documents are approximate and
are to be used only as a basis for estimating the probable cost of the work and for the
purpose of comparing the proposals submitted for the work. It is understood and agreed
that the actual amounts of work performed and materials furnished under unit price
items may differ from such estimated quantities and the payment for such work and
materials shall be based on the actual amount of work done and materials furnished in ~
each case.
C. Engineer will determine the actual quantities and classifications of Unit Price Work
performed by the Contractor.
MEASUREMENT AND PAYMENT 01275-1
D. List of Bid Items: A list of unit and lump sum Bid Items is included at the end of this
Section. Specification Sections referenced in the schedule contain requirements for
materials described under each Bid Item.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION
3.1 LIST BID ITEMS
A. Bid Item No. 1 - MOBILIZATION:
1. Description: This item shall cover the costs of preparatory wor~ and operations
including, but not limited to, those necessary for the movement of personnel,
equipment, supplies and incidentals to the project site; for the establishment of all
facilities necessary for the work on the project; for the costs of obtaining the
required permits, bonds, and insurance; and for all other work and operations
which must be performed, or costs incurred prior to beginning work on the
various items on the project.
2. Unit of Measurement: Lump Sum
3. Measurement: When the percentage of the original Contract amount for each Unit
shown below is earned, the percentage of the Contract Lump Sum price for
MOBILIZATION shown below will be paid.
Percentage of Original
Contract Amount In-Place
5
10
25
65
90
100
Percentage of Lump Sum Price
for Mobilization Earned
20
50
60
75
90
100
4. Payment: Payment for MOBILIZATION will be made on the percentage of the
contract unit price bid per lump sum as indicated in the Bid Form.
B. Bid Item No.2 - EXCAVATE, HAUL AND PLACE NATIVE SOIL ET LAYER
MATERIAL:
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1. Description: This item consists of excavating native ET soil material from the
designated borrow area shown on the plans and placing 5 feet of material over the
existing intermediate cover, to the lines and grades shown on the plans. Costs for
the excavation of this material shall be in this Bid Item. This work shall be done
in accordance with Section 02320 of the Technical Specifications.
MEASUREMENT AND PAYMENT 01275-2
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2. Work Required: Work required under this section shall include but not be limited
to the following:
a. Excavate, haul and place stockpiled soil;
b. Placing material in I8-inch minimum lifts per section 02320;
c. Insuring that layer does not exceed 85% of standard proctor density;
d. Final grading before installation of topsoil;
e. Additional staking as necessary;
f. All labor, tools, equipment, materials, royalties and incidentals required to
complete the work as specified.
3. Unit of Measurement: Lump Sum
4. Measurement: Measurement for EXCAVATE, HAUL AND PLACE NATIVE
SOIL ET LAYER MATERIAL will be by lump sum.
5. Payment: Payment for EXCAVATE, HAUL AND PLACE NATIVE SOIL ET
LA YER MATERIAL will be made at the contract lump sum bid as indicated in
the Bid Form.
c.
Bid Item No. 3 - EXCAVATE, HAUL AND PLACE NATIVE TOPSOIL:
1. Description: This bid item includes stripping I2-inches of topsoil from the borrow
area shown on the Plans stockpiling it and placing 6-inches of topsoil over the en-
tire ET soil cover layer (see Bid Item #2) area. This item shall comply with Sec-
tion 02320 of the Technical Specifications.
2. Work Required: Work required under this section shall include but not be limited
to the following:
a. Excavate stockpile, haul and place topsoil where required;
b. Final grading and cleanup;
c. All labor, tools, equipment, materials, royalties and incidentals required to
complete the work as specified.
3. Unit of Measurement: Lump Sum
4. Measurement: Measurement for EXCAVATE, HAUL AND PLACE NATIVE
TOPSOIL will be by lump sum.
5. Payment: Payment for EXCAVATE, HAUL AND PLACE NATIVE TOPSOIL
will be made at the contract lump sum bid as indicated in the Bid Form.
D.
Bid Item No.4 - LEACHATE CLEANOUT EXTENSIONS:
1. Description: This item consists of extending leachate collection piping and
cleanouts at the existing Phase I cleanout locations shown on the Plans. The item
shall meet the requirements of Section 02627 of the Technical Specifications and
Section 02221 of the MPW Specifications.
2. Work Requirements: Work required under this section shall include but not be
limited to the following:
a. Providing piping, fittings, submittals;
b. Fumishing and installing HDPE piping and fittings;
c. Fumishing and installing cleanouts;
d. Providing compacted Type A backfill of leachate cleanout trenches;
e. Additional staking as necessary;
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MEASUREMENT AND PAYMENT 01275-3
f. All labor, tools, equipment, materials, royalties and incidentals required to
complete the work as specified.
3. Unit of Measurement: Lump Sum
4. Measurement: Measurement for LEACHATE CLEANOUT EXTENSIONS will
be by the lump sum.
5. Payment: Payment for LEACHATE CLEANOUT EXTENSIONS will be made at
the contract lump sum bid as indicated in the Bid Form.
E.
Bid Item No. 5 - SEEDING & FERTILIZING:
1. Description: This item includes seeding all disturbed areas with an approved seed
mixture and spreading method. Areas to receive seed include the entire ET cover
system area. This item shall meet the requirements of Section 02925 of the
Technical Specifications.
2. Work Requirements: Work required under this section shall include bur not be
limited to the following:
a. Preparing area to be seeded;
b. Furnishing and spreading approved seed mixture;
c. Furnishing and spreading approved fertilizer mixture;
d. Providing one-year warranty on seeding;
e. All labor, tools, equipment, materials, royalties and incidentals required to
complete the work as specified.
3. Unit of Measurement: Lump Sum
4. Measurement: Measurement for SEEDING will be made by lump sum.
5. Payment: Payment for SEEDING will be made at the contract lump sum bid as
indicated in the Bid Form.
F.
Bid Item No.6 - EROSION CONTROL STRAW ROLLS:
1. Description: This item shall meet the requirements of the contract documents,
general and supplemental conditions, Special Provisions, Technical Specifica-
tions, drawings, Standard Drawings, and referenced standards. This item shall
consist of installing straw rolls in the areas indicated in the GENERAL PERMIT
TO DISCHARGE STORM WATER ASSOCIATED WITH CONSTRUCTION
ACTIVITIES. A copy of the Erosion Control Plan is included in Appendix A.
2. Work required under this section shall include, but not be limited to, the
following:
a. Site preparation;
b. Signing and filing for the Construction Discharge Permit;
c. Furnish and install straw rolls;
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d. Conduct operations in accordance with Surface Water Pollution Protection
Plan in Appendix A.
e. All labor, tools, equipment, materials, royalties and incidentals required to
complete the Work as specified.
3. Unit of Measurement: Lineal Foot
MEASUREMENT AND PAYMENT 01275-4
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4. Measurement: Measurement for EROSION CONTROL STRAW ROLLS will be
per lineal foot as indicated in the Bid Form.
5. Payment: Payment for EROSION CONTROL STRAW ROLLS will be made at
the contract unit price bid per lineal foot as indicated in the Bid Form.
END OF SECTION 01275
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MEASUREMENT AND PAYMENT 01275-5
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SECTION 01290
PAYMENT PROCEDURES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and Special Provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section specifies administrative and procedural requirements necessary to prepare
and process Applications for Payment.
B. Related Sections include the following:
1. Division 1 Section "Measurement and Payment" for administrative requirements
governing use of unit prices.
2. Division 1 Section "Contract Modification Procedures" for administrative
procedures for handling changes to the Contract.
3. Di vision 1 Section "Construction Progress Documentation" for administrati ve
requirements governing preparation and submittal of Contractor's Construction
Schedule and Submittals Schedule.
1.3 APPLICATIONS FOR PAYMENT
A. Each Application for Payment shall be consistent with previous applications and
payments as certified by Engineer and paid for by Owner.
1. Initial Application for Payment, Application for Payment at time of Substantial
Completion, and final Application for Payment involve additional requirements.
B. Payment Application Times: The date for each progress payment will be determined at
the preconstruction conference. Payments will be requested and paid on a monthly
basis. I"
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C. Payment Application Forms: Use EJCDC Document 191O-8-E or other Engineer-
approved form as form for Applications for Payment.
PAYMENT PROCEDURES 0] 290-1
D.
Transmittal: Submit 3 signed and notarized original copies of each Application for
Payment to Engineer by a method ensuring receipt within 24 hours. One copy shall
include waivers of lien and similar attachments ifrequired.
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1. Transmit each copy with a transmittal form listing attachments and recording
appropriate information about application.
2. Submit final Application for Payment with or preceded by final waivers from
every entity involved with performance of the Work covered by the application
who is lawfully entitled to a lien.
E.
Initial Application for Payment: Administrative actions and submittals that must
precede or coincide with submittal of first Application for Payment include the
following:
1. List of subcontractors.
2. Schedule of Values.
3. Contractor's Construction Schedule (preliminary if not final).
4. Products list.
5. Schedule of unit prices.
6. List of Contractor's staff assignments.
7. List of Contractor's principal consultants.
8. Copies of authorizations and licenses from authorities having jurisdiction for
performance of the Work.
9. Initial progress report.
10. Report of preconstruction conference.
11. Certificates of insurance and insurance policies.
F.
Application for Payment at Substantial Completion: After issuing the Certificate of
Substantial Completion, submit an Application for Payment showing 100 percent
completion for portion of the Work claimed as substantially complete.
1. Include documentation supporting claim that the Work is substantially complete
and a statement showing an accounting of changes to the Contract Sum.
G.
'Final Payment Application: Submit final Application for Payment with releases and
supporting documentation not previously submitted and accepted, including, but not
limited, to the following:
1. Evidence of completion of Project closeout requirements.
2. lnsurpnce certificates for products and completed operations where required and
proof'that taxes, fees, and similar obligations were paid.
3. Updated final statement, accounting for final changes to the Contract Sum.
4. "Contractor's Affidavit of Payment of Debts and Claims."
5. "Contractor's Affidavit of Release of Liens."
6. "Consent of Surety to Final Payment."
PAYMENT PROCEDURES 01290-2
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7. Evidence that claims have been settled.
8. Final meter readings for utilities, a measured record of stored fuel, and similar
data as of date of Substantial Completion or when Owner took possession of and
assumed responsibility for corresponding elements of the Work.
9. Final, liquidated damages settlement statement.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 01290
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PAYMENT PROCEDURES 01290-3
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SECTION 01310
PROJECT MANAGEMENT AND COORDINATION
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and Special Provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative provisions for coordinating construction operations
on Project including, but not limited to, the following:
1. Preconstruction Conference
2. General project coordination procedures.
3. Conservation.
4. Coordination Drawings.
5. Administrative and supervisory personnel.
6. Project meetings.
B. Related Sections: The following Sections contain requirements that relate to this
Section:
1. Division 1 Section "Construction Progress Documentation" for prepanng and
submitting the Contractor's Construction Schedule.
2. Division 1 Section "Execution Requirements" for procedures for coordinating
general installation and field-engineering services, including establishment of
benchmarks and control points.
3. Division 1 Section "Closeout Procedures" for coordinating Contract closeout.
1.3 COORDINATION
A. Coordination: Coordinate construction operations included in various Sections of the
Specifications to ensure efficient and orderly installation of each part of the Work.
Coordinate construction operations, induded in different Sections, that depend on each
other for proper installation, connection, and operation.
1. Schedule construction operations in sequence required to obtain the best results
where installation of one part of the Work depends on installation of other
components, before or after its own installation.
PROJECT MANAGEMENT AND COORDINATION 01310-1
1.4
2. Coordinate installation of different components with other contractors to ensure
maximum accessibility for required maintenance, service, and repair.
3. Make adequate provisions to accommodate items scheduled for later installation.
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B.
If necessary, prepare memoranda for distribution to each party involved, outlining
special procedures required for coordination. Include such items as required notices,
reports, and list of attendees at meetings.
1. Prepare similar memoranda for Owner and separate contractors if coordination of
their Work is required.
c.
Administrative Procedures: Coordinate scheduling and timing of required
administrative procedures with other construction activities and activities of other
contractors to avoid conflicts and to ensure orderly progress of the Work. Such
administrative activities. include, but are not limited to, the following:
1. Preparation of Contractor's Construction Schedule.
2. Preparation of the Schedule of Values.
3. Installation and removal of temporary facilities and controls.
4. Delivery and processing of submittals.
5. Progress meetings.
6. Preconstruction conferences.
7. Project closeout activities.
D.
Conservation: Coordinate construction activities to ensure that operations are carried
out with consideration given to conservation of energy, water, and materials.
1. Salvage materials and equipment involved in performance of, but not actually
incorporated into, the Work.
a. All material salvaged in the project shall become the property of Owner
unless otherwise specified. Material identified as salvage shall be delivered
by the Contractor to a suitable storage location as directed by the Engineer.
SUBMITT A,LS
A.
Staff Names: At the Preconstruction Conference submit a list of principal staff
assignments, including superintendent and other personnel in attendance at Project site.
Identify individuals and their duties and responsibilities; list addresses and telephone
numbers, including ho~ and office telephone numbers. Provide names, addresses, and
telephone numbers of individuals assigned as standbys in the absence of individuals
assigned to Project.
1. Post copies of list in Project meeting room, in temporary field office, and by each
temporary telephone.
PROJECT MANAGEMENT AND COORDINATION 01310-2
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1.5
1.6
ADMINISTRATIVE AND SUPERVISORY PERSONNEL
A.
General: In addition to Project superintendent, provide other administrative and
supervisory personnel as required for proper performance of the Work.
PROJECT MEETINGS
A.
General: Schedule and conduct meetings and conferences at Project site, unless
otherwise indicated.
1.
Attendees: Inform partIcIpants and others involved, and individuals whose
presence is required, of date and time of each meeting. Notify Owner and
Engineer of scheduled meeting dates and times.
Agenda: Prepare the meeting agenda. Distribute the agenda to all invited
attendees.
Minutes: Record significant discussions and agreements achieved. Distribute the
meeting minutes to everyone concerned, including Owner and Engineer, within 3
days of the meeting.
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3.
B.
Preconstruction Conference: Schedule a preconstruction conference before starting
construction, at a time convenient to Owner and Engineer, but no later than 15 days
after execution of the Agreement. Hold the conference at Project site or another
convenient location. Conduct the meeting to review responsibilities and personnel
assignments.
1. Attendees: Authorized representatives of Owner, Engineer, and their consultants;
Contractor and its superintendent; major subcontractors; manufacturers; suppliers;
and other concerned parties shall attend the conference. All participants at the
conference shall be familiar with Project and authorized to conclude matters
relating to the Work.
2. Contractor shall bring a written, detailed construction sched,ule to the preconstruc-
tion conference.
3. Agenda: Discuss items of significance that could affect progress, including the
following:
a.
b.
Tentative construction schedule.
Phasing.
Critical work sequencing.
Designation of responsible personnel.
Subcontractor list
Testing Responsibilities
Traffic Control
Procedures for processing field decisions and Change Orders.
c
c.
d.
e.
f.
g.
h.
PROJECT MANAGEMENT AND COORDINATION 01310-3
1. Procedures for processing Applications for Payment
J. Distribution of the Contract Documents.
k. Submittal procedures.
\. Preparation of Record Documents.
m. Use of the premises.
n. Responsibility for temporary facilities and controls.
o. Office, work, and storage areas.
p. Delivery and storage of materials and equipment
q. Security.
r. Progress cleaning.
s. Working hours.
t Coordination with County landfill operation.
u. Montana DEQ requirements.
c.
Progress Meetings: Conduct progress meetings on at least a monthly interval.
Coordinate dates of meetings with preparation of payment requests.
1. Attendees: In addition to representatives of Owner and Engineer, each contractor,
subcontractor, supplier, and other entity concerned with current progress or
involved in planning, coordination, or performance of future activities shall be
represented at these meetings. All participants at the conference shall be familiar
with Project and authorized to conclude matters relating to the Work.
2. Agenda: Review and correct or approve minutes of previous progress meeting.
Review other items of significance that could affect progress. Include topics for
discussion as appropriate to status of Project
a. Contractor's Construction Schedule: Review progress since the last
meeting. Determine whether each activity is on time, ahead of schedule, or
behind schedule, in relation to Contractor's Construction Schedule.
Determine how construction behind schedule will be expedited; secure
commitments from parties involved to do so. Discuss whether schedule
revisions are required to ensure that current and subsequent activities will
be completed within the Contract Time.
b. Review present and future needs of each entity present, including the
following:
1) Interface requirements.
2) Sequence of operations.
3) Status of submittals.
4) Deliveries.
5) Off-site fabrication.
6) Access.
7) Site utilization.
S) Temporary facilities and controls.
9) Work hours.
10) Hazards and risks.
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PROJECT MANAGEMENT AND COORDINATION 01310-4
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11) Progress cleaning.
12) Quality and work standards.
13) Change Orders.
14) Documentation of information for payment requests.
3. Reporting: Distribute minutes of the meeting to each party present and to parties
who should have been present. Include a brief summary, in narrative form, of
progress since the previous meeting and report.
a. Schedule Updating: Revise Contractor's Construction Schedule after each
progress meeting where revisions to the schedule have been made or
recognized. Issue revised schedule concurrently with the report of each
meeting.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 01310
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PROJECT MANAGEMENT AND COORDINATION 01310-5
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SECTION 01320
CONSTRUCTION PROGRESS DOCUMENT A TION
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and Special Provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrati ve and procedural requirements for documenting the
progress of construction during performance of the Work, including the following:
1. Preliminary Construction Schedule.
2. Contractor's Construction Schedule.
3. Submittals Schedule.
4. Daily construction reports.
5. Construction photographs.
B. Related Sections include the following:
1. Division 1 Section "Payment Procedures" for submitting the Schedule of Values.
2. Division 1 Section "Project Management and Coordination" for submitting and
distributing meeting and conference minutes.
3. Division 1 Section "Submittal Procedures" for submitting schedules and reports.
4. Division 1 Section "Quality Requirements" for submitting a schedule of tests and
inspections.
5. Division 1 Section "Closeout Procedures" for submitting photographic negatives
as Project Record Documents at Project closeout.
1.3 DEFINITIONS
A. Activity: A discrete part of a project that can be identified for planning, scheduling,
monitoring, and controlling the construction project. Activities included in a
construction schedule consume time and resources.
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1. Critical activities are activities on the critical path. They must start and finish on
the planned early start and finish times.
2. Predecessor activity is an activity that must be completed before a given activity
can be started.
CONSTRUCTlONPROGRESS DOCUMENTATION 01320-1
1.4
B.
CPM:Critical path method, which is a method of planning and scheduling a
construction project where activities are arranged based on activity relationships.
Network calculations determine when activities can be performed and the critical path
of Project.
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c.
Critical Path: The longest continuous chain of activities through the network schedule
that establishes the minimum overall Project duration and contains no float.
D.
Event: The starting or ending point of an activity.
E.
Float: The measure of leeway in starting and completing an activity.
1. Float time is not for the exclusive use or benefit of either Owner or Contractor,
but is a jointly owned, expiring Project resource available to both parties as
needed to meet schedule milestones and Contract completion date. ,
2. Free float is the amount of time an activity can be delayed w"ithout adversely
affecting the early start of the following activity.
3. Total float is the measure of leeway in starting or completing an activity without
adversely affecting the planned Project completion date.
F.
Fragnet: A partial or fragmentary network that breaks down activities into smaller
activities for greater detail.
G.
Major Area: A story of construction, a separate building, or a similar significant
construction element.
H.
Milestone: A key or critical point in time for reference or measurement.
I.
Network Diagram: A graphic diagram of a network schedule, showing activities and
activity relationships.
SUBMITTALS
A.
Qualification Data: For firms and persons specified in "Quality Assurance" Article to
demonstrate their capabilities and experience. Include lists of completed projects with
project names and addresses, names and addresses of Engineers and owners, and other
information specified.
B.
Contractor's Construction Schedule: Submit two printed copies of initial schedule, one
a reproducible print and one a blue- or black-line print, large enough to show entire
schedule for entire construction period. I'
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c.
Construction Photographs:
part of project closeout.
Submit prints of each photographic view to Engineer as
1. The Contractor shall take photographs on a weekly basis of major construction
elements.
CONSTRUCTION PROGRESS DOCUMENTATION 01320-2
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2. Identification: On back of each print, provide an applied label or rubber-stamped
impression with the following information:
a. Name of Project.
b. Name and address of photographer.
c. Name of Engineer.
d. Name of Contractor.
e. Date photograph was taken.
f. Description of vantage point, indicating location, direction (by compass
point), and elevation or story of construction.
D. Daily Construction Reports: Submit two copies at monthly intervals.
1.5 COORDINATION
A. Coordinate preparation and processing of schedules and reports with performance of
construction activities and with scheduling and reporting of separate contractors.
B. Coordinate Contractor's Construction Schedule with the Schedule of Values, list of
subcontracts, Submittals Schedule, progress reports, payment requests, and other
required schedules and reports.
1. Secure time commitments for performing critical elements of the Work from
parties involved.
2. Coordinate each construction activity in the network with other activities and
schedule them in proper sequence.
PART 2 - PRODUCTS
2.1 CONTRACTOR'S CONSTRUCTION SCHEDULE, GENERAL
A. Time Frame: Extend schedule from date established for the Notice to Proceed to date
of Substantial Completion.
1. Contract completion date shall not be changed by submission of a schedule that
shows an early completion date, unless specifically authorized by Change Order.
2. Substantial Completion: Indicate completion in advance of date established for
Substantial Completion, and allow time for Engineer's administrative procedures
necessary for certification of Substantial Completion.
C
B. Constraints: Include constraints and work restrictions indicated in the Contract
Documents in schedule, and show how the sequence of the Work is affected.
C. Milestones: Include milestones indicated in the Contract Documents in schedule,
including, but not limited to, the Notice to Proceed, Substantial Completion, and Final
Completion.
CONSTRUCTION PROGRESS DOCUMENTATION 01320-3
2.2 PRELIMINARY CONSTRUCTION SCHEDULE
A. Bar-Chart Schedule: Submit preliminary horizontal bar-chart-type construction
schedule at the preconstruction conference.
B. Preparation: Indicate each significant construction activity separately. Identify first
workday of each week with a continuous vertical line. Outline significant construction
activities for construction.
2.3 REPORTS
A. Daily Construction Reports: Prepare a daily construction report recording the following
information concerning events at Project site:
. 1. List of subcontractors at Project site.
2. List of separate contractors at Project site.
3. Approximate count of personnel at Project site.
4. High and low temperatures and general weather conditions.
5. Accidents.
6. Meetings and significant decisions.
7. Unusual events (refer to special reports).
8. Stoppages, delays, shortages, and losses.
9. Meter readings and similar recordings.
10. Emergency procedures.
11. Orders and requests of authorities having jurisdiction.
12. Change Orders received and implemented.
13. Work Change Directives received.
14. Services connected and disconnected.
15. Equipment or system tests and startups.
16. Partial Completions and occupancies.
17. Substantial Completions authorized.
PART 3 - EXECUTION
3.1 CONTRACTOR'S CONSTRUCTION SCHEDULE
A. Contractor's Construction Schedule Updating: At monthly intervals, update schedule to
reflect actual construction progress and activities. Issue schedule one week before each
~egular]y scheduled progress meeting.
1. Revise schedule immediately after each meeting or other activity where revisions
have been recognized or made. Issue updated schedule concurrently with the
report of each such meeting.
CONSTRUCTION PROGRESS DOCUMENTATION 01320-4
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2. Include a report with updated schedule that indicates every change, including, but
not limited to, changes in logic, durations, actual starts and finishes, and activity
durations.
3. As the Work progresses, indicate Actual Completion percentage for each activity.
B. Distribution: Distribute copies of approved schedule to Engineer, Owner, separate
testing and inspecting agencies, and other parties identified by Contractor with a need-
to-know schedule responsibility.
1. Post copies in Project meeting rooms and temporary field offices.
2. When revisions are made, distribute updated schedules to the same parties and
post in the same locations. Delete parties from distribution when they have
completed their assigned portion of the Work and are no longer involved in
performance of construction activities.
3.2 CONSTRUCTION PHOTOGRAPHS
A. Date Stamp: Unless otherwise indicated, date and time stamp each photograph as it is
being taken so stamp is integral to photograph.
B. Periodic Construction Photographs: Take photographs weekly of major construction
elements. Photographer shall select vantage points to best show status of construction
and progress since last photographs were taken.
1. Field Office Prints: Retain one set of prints of periodic photographs in field office
at Project site, available at all times for reference. Identify photographs the same
as for those submitted to Engineer.
C. Final Completion Construction Photographs: Take photographs after date of
Substantial Completion for submission as Project Record Documents.
END OF SECTION 01320
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CONSTRUCTION PROGRESS DOCUMENTATION 01320-5
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SECTION 01330
SUBMITT AL PROCEDURES
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and Special Provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for submitting Shop
Drawings, Product Data, Samples, and other miscellaneous submittals.
B. Related Sections include the following:
1. Division 1 Section "Payment Procedures" for submitting Applications for
Payment.
2. Division 1 Section "Project Management and Coordination" for submitting
Coordination Drawings.
3. Division 1 Section "Construction Progress Documentation" for submitting
schedules and reports, including Contractor's Construction Schedule and
construction photographs.
4. Division 1 Section "Quality Requirements" for submitting test and inspection
reports.
5. Division 1 Section "Closeout Procedures" for submitting warranties, project
record documents and operation and maintenance manuals.
1.3 DEFINITIONS
A. Action Submittals: Written and graphic information that requires Engineer's responsive
action.
B. Informational Submittals: Written information that does not require Engineer's
approval. Submittals may b~ rejected for not complying with requirements.
~
1.4 SUBMITTAL PROCEDURES
A. General: Electronic copies of CAD Drawings of the Contract Drawings will not be
provided by Engineer for Contractor's use in preparing submittals.
SUBMITTAL PROCEDURES 01330-1
B.
Coordination: Coordinate preparation and processing of submittals with performance of
construction acti vities.
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1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other
submittals, and related activities that require sequential activity.
2. Coordinate transmittal of different types of submittals for related parts of the
Work so processing will not be delayed because of need to review submittals
concurrently for coordination.
a. Engineer reserves the right to withhold action on a submittal requmng
coordination with other submittals until related submittals are received.
c.
Direct Transmittal from Prime Contractor: Engineer will not accept submittals from
anyone but the Prime Contractor.
D.
Submittals Schedule: Comply with requirements in Division 1 Section "Construction
Progress Documentation" for list of submittals and time requirements for scheduled
performance of related construction activities.
E.
Processing Time: Allow enough time for submittal review, including time for
resubmittals, as follows. Time for review shall commence on Engineer's receipt of
submittal.
1. Initial Review: Allow 15 days for initial review of each submittal. Allow
additional time if processing must be delayed to permit coordination with
subsequent submittals. Engineer will advise Contractor when a submittal being
processed must be delayed for coordination.
2. Allow 15 days for processing each resubmitta1.
3. No extension of the Contract Time will be authorized because of failure to
transmit submittals enough in advance of the Work to permit processing.
F.
Identification: Place a permanent label or title block on each submittal for
identification.
1. Indicate name of firm or entity that prepared each submittal on label or title block.
,2. Provide a space approximately 4 by 5 inches (100 by 125mm) on label or beside
title block to record Contractor's review and approval markings and action taken
by Engineer.
3. Include the following information on label for processing and recording action
taken:
a. ~ Project name.
b. Date.
c. Name and address of Engineer.
d. Name and address of Contractor.
e. Name and address of subcontractor.
f. Name and address of supplier.
g. Name of manufacturer.
SUBMITTAL PROCEDURES 01330-2
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h. Unique identifier, including revision number.
1. Number and title of appropriate Specification Section.
J. Drawing number and detail references, as appropriate.
k. Other necessary identification.
G.
Deviations: Highlight, encircle, or otherwise identify deviations from the Contract
Documents on submittals.
H.
Additional Copies: Unless additional copies are required for final submittal, and unless
Engineer observes noncompliance with provisions of the Contract Documents, initial
submittal may serve as final submittal.
I.
Transmittal: Package each submittal individually and appropriately for transmittal and
handling. Transmit each submittal using a transmittal form. Engineer will discard
submittals received from sources other than Contractor.
1. On an attached separate sheet, prepared on Contractor's letterhead, record relevant
information, requests for data, revisions other than those requested by Engineer
on previous submittals, and deviations from requirements of the Contract
Documents, including minor variations and limitations. Include the same label
information as the related submittal.
2. Include Contractor's certification stating that information submitted complies with
requirements of the Contract Documents.
3. Transmittal Form: Provide locations on form for the following information:
a. Project name.
b. Date.
c. Destination (To:).
d. Source (From:).
e. Names of subcontractor, manufacturer, and supplier.
f. Category and type of submittal.
g. Submittal purpose and description.
h. Submittal and transmittal distribution record.
1. Remarks.
J. Signature of transmitter.
J.
Distribution: Furnish copies of final submittals to manufacturers, subcontractors,
suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary
for performance of construction activities. Show distribution on transmittal forms.
K.
Use for Construction: Use only final submittals with mark indi(jating action taken hy
Engineer in connection with construction. ·
SUBMITTAL PROCEDURES 01330-3
SUBMITTAL PROCEDURES 01330-4
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PART 2 - PRODUCTS
2.1 ACTION SUBMITTALS
A. General: Prepare and submit Action Submittals required by individual Specification
Sections.
1. Number of Copies: Submit six copies of each submittal, unless otherwise
indicated. Engineer will return three copies. Mark up and retain one returned
copy as a Project Record Document.
B. Product Data: Collect information into a single submittal for each element of
construction and type of product or equipment.
1. If information must be specially prepared for su1:>mittal because standard printed
data are not suitable for use, submit as Shop Drawings, not as Product Data.
2. Mark each copy of each submittal to show which products and options are
applicable.
3. Include the following information, as applicable:
a. Manufacturer's written recommendations.
b. Manufacturer's product specifications.
c. Manufacturer's installation instructions.
d. Manufacturer's catalog cuts.
e. Mill reports.
f. Standard product operating and maintenance manuals.
g. Compliance with recognized trade association standards.
h. Compliance with recognized testing agency standards.
1. Application of testing agency labels and seals.
J. Notation of coordination requirements.
C. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do
not base Shop Drawings on reproductions of the Contract Documents or standard
printed data.
1. Preparation: Include the following information, as applicable:
a. Dimensions.
b. Identification of products.
c. Fabrication and installation drawings. C
d. Roughing-in and setting diagrams.
e. Wiring diagrams showing field-installed wiring, including power, signal,
and control wiring.
f. Shopwork manufacturing instructions.
g. Templates and patterns.
h. Schedules.
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1. Design calculations.
J. Compliance with specified standards.
k. Notation of coordination requirements.
\. Notation of dimensions established by field measurement.
2. Wiring Diagrams: Differentiate between manufacturer-installed and field-
installed wiring.
3. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit
Shop Drawings on sheets at least 8-112 by 11 inches (215 by 280 mm) but no
larger than 30 by 40 inches (750 by 1000 mm).
4. Number of Copies: Submit copies of each submittal as follows:
a. Initial Submittal: Submit two blue-or black-line prints. Engineer will
return one print.
b. Final Submittal: Submit three blue- or black-line prints, unless prints are
required for operation and maintenance manuals. Submit five prints where
prints are required for operation and maintenance manuals. Engineer and
Construction Manager will retain two prints; remainder will be returned.
Mark up and retain one returned print as a Project Record Drawing.
D.
Samples: Prepare physical units of materials or products, including the following:
1. Comply with requirements in Division 1 Section "Quality Requirements."
2. Samples for Initial Selection: Submit manufacturer's color charts consisting of
units or sections of units showing the full range of colors, textures, and patterns
available.
3. Samples for Verification: Submit full-size units or Samples of size indicated,
prepared from the same material to be used for the Work, cured and finished in
manner specified, and physically identical with the product proposed for use, and
that show full range of color and texture variations expected. Samples include,
but are not limited_ to, the following: Partial sections of manufactured or
fabricated components; small cuts or containers of materials; complete units of
repetitively used materials; swatches showing color, texture, and pattern; color
range sets; and components used for independent testing and inspection.
4. Preparation: Mount, display, or package Samples in m(;lnner specified to facilitate
review of qualities indicated. Prepare Samples to match Engineer's sample where
so indicated. Attach label on unexposed side that includes the following:
a.
b.
Generic description of Sample.
Product name or name of manufacturer.
Sample source.
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c.
E.
Contractor's Construction Schedule: Comply with requirements in Division 1 Section
"Construction Progress Documentation" for Construction Manager's action.
F.
Submittals Schedule: Comply with requirements in Division 1 Section "Construction
Progress Documentation."
SUBMITTAL PROCEDURES 01330-5
2.2
G.
Application for Payment: Comply with requirements in Division 1 Section "Payment
Procedures. "
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H.
Subcontract List: Prepare a written summary identifying individuals or firms proposed
for each portion of the Work, including those who are to furnish products or equipment
fabricated to a special design. Include the following information in tabular form:
1. Name, address, and telephone number of entity performing subcontract or
supplying products.
2. Number and title of related Specification Section(s) covered by subcontract.
3. Drawing number and detail references, as appropriate, covered by subcontract.
INFORMATIONAL SUBMITTALS
A.
General: Prepare and submit Informational Submittals required by other Specification
Sections.
1. Number of Copies: Submit two copies of each submittal, unless otherwise
indicated. Engineer will not return copies.
2. Certificates and Certifications: Provide a notarized statement that includes
signature of entity responsible for preparing certification. Certificates and
certifications shall be signed by an officer or other individual authorized to sign
documents on behalf of that entity.
3. Test and Inspection Reports: Comply with requirements in Division 1 Section
"Quality Requirements."
B.
Contractor's Construction Schedule: Comply with requirements in Division 1 Section
"Construction Progress Documentation."
c.
Qualification Data: Prepare written information that demonstrates capabilities and
experience of firm or person. Include lists of completed projects with project names
and addresses, names and addresses of Engineers and owners, and other information
specified.
D.
Product Certificates: Prepare written statervents on manufacturer's letterhead certifying
that product complies with requirements.
E.
Installer Certificates: Prepare written statements on manufacturer's letterhead certifying
that Installer complies with requirements and, where required, is authorized for this
specific Project.
C
Manufacturer Certificates: Prepare written statements on manufacturer's letterhead
certifying that manufacturer complies with requirements. Include evidence of
manufacturing experience where required.
F.
G.
Material Certificates: Prepare written statements on manufacturer's letterhead certifying
that material complies with requirements.
SUBMITTAL PROCEDURES 01330-6
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H.
Material Test Reports: Prepare reports written by a qualified testing agency, on testing
agency's standard form, indicating and interpreting test results of material for
compliance with requirements.
1.
Preconstruction Test Reports: Prepare reports written by a qualified testing agency, on
testing agency's standard form, indicating and interpreting results of tests performed
before installation of product, for compliance with performance requirements.
J.
Compatibility Test Reports: Prepare reports written by a qualified testing agency, on
testing agency's standard form, indicating and interpreting results of compatibility tests
performed before installation of product. Include written recommendations for primers
and substrate preparation needed for adhesion.
K.
Field Test Reports: Prepare reports written by a qualified testing agency, on testing
agency's standard form, indicating and interpreting results of field tests performed either
during installation of product or after product is installed in its final location, for
compliance with requirements.
L.
Product Test Reports: Prepare written reports indicating current product produced by
manufacturer complies with requirements. Base reports on evaluation of tests
performed by manufacturer and witnessed by a qualified testing agency, or on
comprehensive tests performed by a qualified testing agency.
M.
Maintenance Data: Prepare written and graphic instructions and procedures for
operation and normal maintenance of products and equipment. Comply with
requirements in Division 1 Section "Closeout Procedures."
N.
Design Data: Prepare written and graphic information, including, but not limited to,
performance and design criteria, list of applicable codes and regulations, and
calculations. Include list of assumptions and other performance and design criteria and
a summary of loads. Include load diagrams if applicable. Provide name and version of
software, if any, used for calculations. Include page numbers.
o.
Manufacturer's Instructions: Prepare written or published information that documents
manufacturer's recommendations, guidelines, and procedures for installing or operating
a product or equipment. Include name of product and name, address, and telephone
number of manufacturer. Include the following, as applicable:
1.
2.
3.
4.
5.
6.
Preparation of substrates.
Required substrate tolerances.
Sequence of installation or erection.
Required installation tolerances.
Required adjustments.
Recommendations for cleaning and protection.
c
P.
Manufacturer's Field Reports: Prepare written information documenting factory-
authorized service representative's tests and inspections. Include the following, as
applicable:
SUBMITTAL PROCEDURES 01330-7
1. Name, address, and telephone number of factory-authorized service representative
making report.
2. Statement on condition of substrates and their acceptability for installation of
product.
3. Statement that products at Project site comply with requirements.
4. Sununary of installation procedures being followed, whether they comply with
requirements and, if not, what corrective action was taken.
5. Results of operational and other tests and a statement of whether observed
performance complies with requirements.
6. Statement whether conditions, products, and installation will affect warranty.
7. Other required items indicated in individual Specification Sections.
Q. Insurance Certificates and Bonds: Prepare written infonnation indicating current status
of insurance or bonding coverage. Include name of entity covered by insurance or
bond, limits of coverage, amounts of deductibles, if any, and term of the coverage.
R. Construction Photographs: Comply with requirements in Division 1 Section
"Construction Progress Documentation."
PART 3 - EXECUTION
3.1 CONTRACTOR'S REVIEW
A. Review each submittal and check for compliance with the Contract Documents. Note
corrections and field dimensions. Mark with approval stamp before submitting to
Engineer.
B. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include
Project name and location, submittal number, Specification Section title and number,
name of reviewer, date of Contractor's approval, and statement certifying that submittal
has been reviewed, checked, and approved for compliance with the Contract
Documents.
3.2 ENGINEER'S ACTION
A. General: Engineer will not review submittals that do not bear Contractor's approval
stamp and will return them without action. I"
"
B. Action Submittals: Engineer will review each submittal, make marks to indicate
corrections or modifications required, and return it. Engineer will stamp each submittal
with an action stamp and will mark stamp appropriately to indicate action taken, as
follows:
SUBMITTAL PROCEDURES 01330-8
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1. No Exceptions Noted
2. Exceptions Noted
3. Returned For Correction
C. Informational Submittals: Engineer will review each submittal and will not return it, or
will reject and return it if it does not comply with requirements. Engineer will forward
each submittal to appropriate party.
D. Submittals not required by the Contract Documents will not be reviewed and may be
discarded.
END OF SECTION 01330
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SUBMITTAL PROCEDURES 01330-9
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SECTION 01400
QUALITY REQillREMENTS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and Special Provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for quality assurance
and quality control.
B. Testing and inspecting services are required to verify compliance with requirements
specified or indicated. These services do not relieve Contractor of responsibility for
compliance with the Contract Document requirements.
1. Specific quality-control requirements for individual construction activities are
specified in the Sections that specify those activities. Requirements in those
Sections may also cover production of standard products.
2. Specified tests, inspections, and related actions do not limit Contractor's quality-
control procedures that facilitate compliance with the Contract Document
requirements.
3. Requirements for Contractor to provide quality-control services required by
Engineer, Owner, or authorities having jurisdiction are not limited by provisions
of this Section.
C. Related Sections include the following:
1. Division 1 Section "Construction Progress Documentation" for developing a
schedule of required tests and inspections.
2. Divisions 2 through 16 Sections for specific test and inspection requirements.
1.3 DEFINITIONS
".
"
A. Quality-Assurance Services: Activities, actions, and procedures performed before and
during execution of the Work to guard against defects and deficiencies and ensure that
proposed construction complies with requirements.
QUALITY REQUIREMENTS 01400-1
B. Quality-Control Services: Tests, inspections, procedures, and related actions during and
after execution of the Work to evaluate that completed construction complies with
requirements. Services do not include contract enforcement activities performed by
Engineer.
C. Testing Agency: An entity engaged to perform specific tests, inspections, or both.
Testing laboratory shall mean the same as testing agency.
1.4 SUBMITTALS
A. Qualification Data: For testing agencies specified in "Quality Assurance" Article to
demonstrate their capabilities and experience. Include proof of qualifications in the
form of a recent report on the inspection of the testing agency by a recognized authority.
B. Reports: Prepare and submit certified written reports that include the. following:
1. Date of issue.
2. Project title and number.
3. Name, address, and telephone number of testing agency.
4. Dates and locations of samples and tests or inspections.
5. Names of individuals making tests and inspections.
6. Description of the Work and test and inspection method.
7. Identification of product and Specification Section.
8. Complete test or inspection data.
9. Test and inspection results and an interpretation of test results.
10. Ambient conditions at time of sample taking and testing and inspecting.
11. Comments or professional opinion on whether tested or inspected Work complies
with the Contract Document requirements.
12. Name and signature of laboratory inspector.
13. Recommendations on retesting and reinspecting.
C. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits,
licenses, certifications, inspection reports, releases, jurisdictional settlements, notices,
receipts for fee payments, judgments, correspondence, records, and similar documents,
established for compliance with standards and regu1atioI}s bearing on performance of
the Work.
1.5 QUALITY ASSURANCE
A. Fabricator Qualifications: A firm experienced in producing produc~ similar to those
. '"
indicated for this Project and with a record of successful in-service performance, as well
as sufficient production capacity to produce required units.
QUALITY REQUIREMENTS 01400-2
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1.6
B.
Factory-Authorized Service Representative Qualifications: An authorized representative
of manufacturer who is trained and approved by manufacturer to inspect installation of
manufacturer's products that are similar in material, design, and extent to those
indicated for this Project.
c.
Installer Qualifications: A firm or individual experienced in installing, erecting, or
assembling work similar in material, design, and extent to that indicated for this Project,
whose work has resulted in construction with a record of successful in-service
performance.
D.
Manufacturer Qualifications: A firm experienced in manufacturing products or systems
similar to those indicated for this Project and with a record of successful in-service
performance.
E.
Testing Agency Qualifications: An agency with the experience and capability to
conduct testing and inspecting indicated, as documented by ASTM E 548, and that
specializes in types of tests and inspections to be performed.
F.
Preconstruction Testing: Testing agency shall perform preconstruction testing for
compliance with specified requirements for performance and test methods.
1. Contractor responsibilities include the following:
a. Provide test specimens and assemblies representative of proposed materials
and construction. Provide sizes and configurations of assemblies to
adequately demonstrate capability of product to comply with performance
requirements.
b. Submit specimens in a timely manner with sufficient time for testing and
analyzing results to prevent delaying the Work.
c. Fabricate and install test assemblies using installers who will perform the
same tasks for Project.
d. When testing is complete, remove assemblies; do not reuse materials on
Project.
2. Testing Agency Responsibilities: Submit a certified written report of each test,
inspection, and similar quality-assurance service to Engineer, with copy to
Contractor. Interpret tests and inspections and state in each report whether tested
and inspected work complies with or deviates from the Contract Documents.
QUALITY CONTROL
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A.
Owner Responsibilities: Where quality-control services are indicated as Owner's
responsibility, Owner will engage a qualified testing agency or Engineer to perform
these services.
QUALITY REQUIREMENTS 01400-3
1. Owner will furnish Contractor with names, addresses, and telephone numbers of
testing agencies engaged and a description of the types of testing and inspecting
they are engaged to perform.
2. Costs for retesting and reinspecting construction that replaces or is necessitated by
work that failed to comply with the Contract Documents will be charged to
Contractor.
B.
Contractor Responsibilities: Unless otherwise indicated, provide quality-control
services specified and required by authorities having jurisdiction.
1. Where services are indicated as Contractor's responsibility, engage a qualified
testing agency to perform these quality~control services.
a. Contractor shall not employ the same entity engaged by Owner, unless
agreed to in writing by Owner.
2. Notify testing agencies at least 24 hours in advance of time when Work that
requires testing or inspecting will be performed.
3. Where quality-control services are indicated as Contractor's responsibility, submit
a certified written report, in duplicate, of each quality-control service.
4. Testing and inspecting requested by Contractor and not required by the Contract
Documents are Contractor's responsibility.
5. Submit additional copies of each written report directly to authorities having
jurisdiction, when they so direct.
c.
Manufacturer's Field Services: Where indicated, engage a factory-authorized service
representative to inspect field-assembled components and equipment installation,
including service connections. Report results in writing.
D.
Retesting/Reinspecting: Regardless of whether original tests or inspections were
Contractor's responsibility, provide quality-control services, including retesting and
reinspecting, for construction that revised or replaced Work that failed to comply with
requirements established by the Contract Documents.
E.
Testing Agency Responsibilities: Cooperate with Engineer and Contractor in
performance of duties. Provide qualified personnel to perform required tests and
inspections.
1. Notify Engineer and Contractor promptly of irregularities or deficiencies
observed in the Work during performance of its services.
2. Interpret tests and inspections and state in each report whether tested and
inspected work complies with or deviates from requirements. ~
3. Submit a certified written report, in duplicate, of each test, inspection, and similar
quality-control service through Contractor.
4. Do not release, revoke, alter, or increase requirements of the Contract Documents
or approve or accept any p011ion of the Work.
5. Do not perform any duties of Contractor.
QUALITY REQUIREMENTS 01400-4
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F. Associated Services: Cooperate with agencies performing required tests, inspections,
and similar quality-control services, and provide reasonable auxiliary services as
requested. Notify agency sufficiently in advance of operations to permit assignment of
personnel. Provide the following:
1. Access to the Work.
2. Incidental labor and facilities necessary to facilitate tests and inspections.
3. Adequate quantities of representative samples of materials that require testing and
inspecting. Assist agency in obtaining samples.
4. Facilities for storage and field-curing of test samples.
5. Delivery of samples to testing agencies.
6. Preliminary design mix proposed for use for material mixes that require control
by testing agency.
7. Security and protection for samples and for testing and inspecting equipment at
Project site.
G. Coordination: Coordinate sequence of activities to accommodate required quality-
assurance and quality-control services with a minimum of delay and to avoid necessity
of removing and replacing construction to accommodate testing and inspecting.
1. Schedule times for tests, inspections, obtaining samples, and similar activities.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION
3.1 REPAIR AND PROTECTION
A. General: On completion of testing, inspecting, sample taking, and similar services,
repair damaged construction and restore substrates and finishes.
1. Provide materials and comply with installation requirements specified in other
Sections of these Specifications. Restore patched areas and extend restoration
into adjoining areas in a manner that eliminates evidence of patching. '
B. Protect construction exposed by or for quality-control service activities.
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C. Repair and protection are Contractor's responsibility, regardless of the assignment of
responsibility for quality-control services.
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END OF SECTION 01400
QUALITY REQUIREMENTS 01400-5
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SECTION 01420
REFERENCES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and Special Provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 DEFINITIONS
A. General: Basic Contract definitions are included in the Conditions of the Contract.
B. "Approved": The term "approved," when used in conjunction with Engineer's action on
Contractor's submittals, applications, and requests, is limited to Engineer's duties and
responsibilities as stated in the Conditions of the Contract.
C. "Directed": Terms such as "directed," "requested," "authorized," "selected,"
"approved," "required," and "permitted" mean directed by Engineer, requested by
Engineer, and similar phrases.
D. "Indicated": The term "indicated" refers to graphic representations, notes, or schedules
on Drawings; or to other paragraphs or schedules in Specifications and similar
requirements in the Contract Documents. Terms such as "shown," "noted,"
"scheduled," and "specified" are used to help the user locate the reference.
E. "Regulations": The term "regulations" includes laws, ordinances, statutes, and lawful
orders issued by authorities having jurisdiction, as well as rules, conventions, and
agreements within the construction industry that control performance of the Work.
F. "Furnish": The term "furnish" means to supply and deliver to Project site, ready for
unloading, unpacking, assembly, installation, and similar operations.
G. "Install": The term "install" describes operations at Project site including unloading,
temporary storage, unpacking, assembling, erecting, placing, anchoring, applying,
working to dimension, finishing, curing, protecting, cleaning, and similar operations.
C
H. "Provide": The term "provide" means to furnish and install, complete and ready for the
intended use.
I. "Installer": An installer is Contractor or another entity engaged by Contractor, as an
employee, subcontractor, or contractor of lower tier, to perform a particular construction
operation, including installatiori, erection, application, and similar operations.
REFERENCES 01420-1
1.3
1. Using a term such as "carpentry" does not imply that certain construction
activities must be performed by accredited or unionized i~dividuals of a
corresponding generic name, such as "carpenter." It also does not imply that
requirements specified apply exclusively to tradespeople of the corresponding
generIC name.
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"Project site" is the space available for performing construction activities, either
exclusively or in conjunction with others performing other work as part of Project. The
extent of Project site is shown on the Drawings and mayor may not be identical with
the description of the land on which Project is to be built.
INDUSTRY STANDARDS
A.
Applicability of Standards: Unless the Contract Documents include more stringent
requirements, applicable construction industry standards have the same force and effect
as if bound or copied directly into the Contract Documents to the extent referenced.
Such standards are made a part of the Contract Documents by reference.
B.
Publication Dates: Comply with standards in effect as of the date of the Contract
Documents, unless otherwise indicated.
c.
Conflicting Requirements: Where compliance with two or more standards is specified
and the standards establish different or conflicting requirements for minimum quantities
or quality levels, comply with the most stringent requirement. Refer uncertainties and
requirements that are different, but apparently equal, to Engineer for a decision before
proceeding.
I. Minimum Quantity or Quality Levels: The quantity or quality level shown or
specified shall be the minimum provided or performed. The actual installation
may comply exactly with the minimum quantity or quality specified, or it may
exceed the minimum within reasonable limits. To comply with these
requirements, indicated numeric values are minimum or maximum, as
appropriate, for the context of the requirements. Refer uncertainties to Engineer
for a decision before proceeding.
D.
Copies of Standards: Each entity engaged in construction on Project must be familiar
with industry standards applicable to its construction activity. Copies of applicable
standards are not bound with the Contract Documents.
1. Where copies of standards are needed to perform a required construction activity,
obteUn copies directly from the publication source and make them available on
request.
E.
Abbreviations and Names: Abbreviations and acronyms are frequently used in the
Specifications and other Contract Documents to represent the name of a trade
association, standards-developing organization, authorities having jurisdiction, or other
entity in the context of referencing a standard or publication. The following
REFERENCES OJ420-2
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abbreviations and acronyms, as referenced in the Contract Documents, mean the
associated names. Names and addresses are subject to change and are believed, but are
not assured, to be accurate and up-to-date as of the date of the Contract Documents.
AASHTO
American Association of State Highway and
Transportation Officials
444 North Capitol St., NW, Suite 249
Washington, DC 20001
www.aashto.org
(202) 624-5800
ACI
American Concrete Institute
P.O. Box 9094
Farmington Hills, MI48333-9094
www.aci-int.org
(248) 848-3700
ACPA
American Concrete Pipe Association
222 West Las Colinas Blvd., Suite 641
Irving, TX 75039-5423
www.concrete-pipe.org
(972) 506~ 7216
AI
Asphalt Institute
P.O. Box 14052
Lexington, KY 40512-4052
www .asphaltinstitute.org
(606) 288-4960
AlA
The American Institute of Engineers
1735 New York Ave., NW
Washington, DC 20006-5292
www .ala.org
(202) 626-7300
AlA
American Insurance Association
1130 Connecticut Ave., NW, Suite 1000
Washington, DC 20036
(202) 828-7100
AIHA
American Industrial Hygiene Association
2700 Prosperity Ave., Suite 250
Fairfax, VA 22031
www .aiha.org
(703) 849-8888
ANSI
American National Standards Institute
11 West 42nd St., 13fh Floor
New York, NY 10036-8002
www.ansi.org
(888) 267-4783
(212) 642-4900
REFERENCES 01420-3
_no_....__ ......_.__ -...---- .____.___.. no
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AOSA Association of Official Seed Analysts (402) 476-3852 I
P.O. Box 81152
Lincoln, NE 68501-1152 I
www.zianet.com/AOSA
APA Engineerural Precast Association (941) 454-6989 I
P.O. Box 08669
Fort Myers, FL 33908-0669 I
www.archprecast.org
ASC Adhesive and Sealant Council (202) 452-1500 I
1627 K St., NW, Suite 1000
Washington, DC 20006-1707
www.ascouncil.org I
ASCE American Society of Civil Engineers (800) 548-2723
World Headquarters (703) 295-6000 I
1801 Alexander Graham Bell Dr.
Reston, V A 20191-4400
www.asce.org I
ASME American Society of Mechanical Engineers (800) 843-2763
345 East 47th St. (212) 705-7722 ,I
New York, NY 10017-2392
www .asme.org
ASPE American Society of Plumbing Engineers (805) 495-7120 I
3617 Thousand Oaks Blvd., Suite 210
Westlake Village, CA 91362-3649 I
ASSE American Society of Sanitary Engineering (440) 835-3040
28901 Clemens Rd. I
Westlake, OR 44145
www.asse-plumbing.org
ASTM American Society for Testing and Materials (610) 832-9500 I
100 Barr Harbor Dr.
West Conshohocken, P A 19428-2959 I
www .astm.org
AWS Amftrican Welding Society (800) 443-9353 I
550 NW Lejeune Rd. (305) 443-9353
Miami, FL 33126
www.amweld.org I'
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REFERENCES 01420-4 I
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I AWWA American Water Works Association (800) 926-7337
I 6666 W. Quincy Ave. (303) 794-7711
Denver, CO 80235
www.awwa.org
I CISPI Cast Iron Soil Pipe Institute (423) 892-0137
5959 Shallowford Rd., Suite 419
,I Chattanooga, TN 37421
WWW.Clspl.org
I CLFMI Chain Link Fence Manufacturers Institute (301) 596-2584
9891 Broken Land Pkwy, Suite 300
Columbia, MD 21046
I www.baileadership.com
CPPA Corrugated Polyethylene Pipe Association (800) 510-2772
I 3621 Secor Rd., Suite 320 (419) 241-2221
Toledo, OH 436046
www.cppa-info.org
I CRSI Concrete Reinforcing Steel Institute (847) 517-1200
933 N. Plum Grove Rd.
I Schaumburg, IL 60173-4758
www.crSl.org
I DIPRA Ductile Iron Pipe Research Association (205) 402-8702
245 Riverchase Pkwy East, Suite 0
I Birmingham, AL 35244
www.dipra.org
I FM Factory Mutual System (781) 762-4300
1151 Boston-Providence Tnpk.
P.O. Box 9102
I Norwood, MA 02062-9102
wwwJactorymutual.com
I ORI Geosynthetic Research Institute (610) 522-8440
475 Kedron Ave.
Folsom, P A 19033
I www.drexel.edu/gri
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HI Hydraulic Institute (888) 786-7744
I 9 Sylvan Way (973) 267-9700
Parsippany, NJ 07054-3802
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I REFERENCES 01420-5
-.--- - ..... ---.., -. ..- -------...... - ...--...'''.-.......----..-.".....-------- ..----...-----
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MCAA Mechanical Contractors Association of America (301) 869-5800 I
1385 Piccard Dr.
Rockville, MD 20850-4329 I
www.mcaa.org
MSS Manufacturers Standardization Society of the Valve (703) 281-6613 I
and Fittings Industry
127 Park St., NE
Vienna, V A 22180-4602 I.
www.mss-hq.com
NECA National Electrical Contractors Association (301) 657-3110 I
3 Bethesda Metro Center, Suite 1100
Bethesda, MD 20814-3299 I
www.nec.anet.org
NEMA National Electrical Manufacturers Association (703) 841-3200 I
1300 N 17th St., Suite 1847
Rosslyn, V A 22209
www.nema.org I
NPCA National Paint and Coatings Association (202) 462-6272
1500 Rhode Island Ave., NW I
Washington, DC 20005-5597
www.paint.org
NRMCA National Ready Mixed Concrete Association (301) 587-1400 I
900 Spring St.
Silver Spring, MD 20910 I
www.nrmca.org
NSF NSF International (734) 769-8010 I
(Formerly: National Sanitation Foundation)
3475 PI ymouth Rd.
Ann Arbor, MI48105 I
www .nsf.org
PCA Portland Cement Association (847) 966-6200 I
5420 Old Orchard Rd.
Skokie, IL 60077-1083
www. po~ement.org I
PCI Precast/Prestressed Concrete Institute (312) 786-0300
175 W. Jackson Blvd. I
Chicago, IL 60604
wWW.pCl.org
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REFERENCES 01420-6 I
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I PGI PYC Geomembrane InstitutefTechnology Program (217) 333-3929
University of Illinois-Urbana Champaign
205 N. Mathews Ave.
I 2215 Newmark Civil Engineering Lab
Urbana, IL 61801
/Ipgi-tp.ce. vivc.edu
I PPFA Plastic Pipe and Fittings Association (888) 314-6774
800 Roosevelt Rd., Building C, Suite 20 (630) 858-6540
I Glen Ellyn, IL 60137-5833
PPI Plastics Pipe Institute (202) 974-5306
I (The Society of the Plastics Industry, Inc.)
1801 K St., NW, Suite 600K
Washington, DC 20006
I www.plasticpipe.org
SSPMA Sump and Sewage Pump Manufacturers Association (847) 559-9233
I P.O. Box 647
Northbrook, IL 60065-0647
I SWPA Submersible Wastewater Pump Association (847) 729-7972
1806 Johns Dr.
Glenview, IL 60025-1657
I SWRI Sealant, Waterproofing and Restoration Institute (816) 472-7974
I 2841 Main St.
Kansas City, MO 64108
www.swrionline.org
I UL Underwriters Laboratories Inc. (800) 704-4050
333 Pfingsten Rd. (847) 272-8800
I Northbrook, IL 60062
www.ul.com
I UNI Uni-Bell PVC Pipe Association (972) 243-3902
2655 Villa Creek Dr., Suite 155
Dallas, TX 75234
I members. aol.comlunibell
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W ASTEC Waste Equipment Technology Association (202) 244-4700
I 4301 Connecticut Ave. NW, Suite 300
Washington, DC 20008
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;1 REFERENCES 0]420-7
WEF
Water Environment Federation
(Formerly: Water Pollution Control Federation)
601 Wythe St.
Alexandria, VA 22314-1994
www.wef.org
(800) 666-0206
(703) 684-2400
WPCF
Water Pollution Control Federation
(See WEF)
F. Federal Government Agencies: Names and titles of Federal Government standards- or
specification-developing agencies are often abbreviated. The foHowing abbreviations
and acronyms referenced in the Contract Documents indicate names of standards- or
specification-developing agencies of the Federal Government. Names and addresses
are subject to change and are believed, but are not assured, to l;>e accurate and up-to-date
as of the date of the Contract Documents. .
CE
Corps of Engineers
(U.S. Department of the Army)
20 Massachusetts Ave., NW
Washington, DC 20314
www.usace.army.mil
CRD standards are available from:
U.S. Army Corps of Engineers
Waterways Experiment Station
Technical Report Distribution Section
Services Branch, TIC
3909 Halls Ferry Rd.
Vicksburg, MS 39180-6199
(202) 761-0660
(601) 634-2696
CPR
Code of Federal Regulations
(A vail able from the Government Printing Office)
Washington, DC 20401
(Material is usually published first in the "Federal
Register. ")
www.access.gpo.gov
(202) 512-1800
CPSC
Consumer Product Safety Commission
East West Towers
4330 East-West Hwy
Bethesda, MD 20814
wWW.cpcs.gov
(800) 638-2772
(301) 504-0990
c
DOT
Department of TranspOItation
400 Seventh St., SW
Washington, DC 20590
www.dot.gov
(202) 366-4000
REFERENCES 01420-8
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EPA
Environmental Protection Agency
401 M St., SW
Washington, DC 20460
www.epa.gov
NIST
National Institute of Standards and Technology
(U.S. Department of Commerce)
Building 101, #Al134,
Rte. 1-270 and Quince Orchard Rd.
Gaithersburg, MD 20899
www.nist.goy
OSHA
Occupational Safety and Health Administration
(U.S. Department of Labor)
200 Constitution AYe., NW
Washington, DC 20210
www.osha.goy
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 01420
(202) 260-2090
(301) 975-2000
(202) 219-8148
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REFERENCES 01420-9
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SECTION 01500
TEMPORARY FACILITIES AND CONTROLS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and Special Provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes requirements for temporary facilities and controls, including
temporary utilities, support facilities, and security and protection facilities.
B. Temporary utilities include, but are not limited to, the following:
1.
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Sanitary facilities, including toilets, wash facilities, and drinking-water facilities.
Heating and cooling facilities.
Ventilati on.
Electric power service.
Telephone service.
3.
4.
5.
C. Support facilities include, but are not limited to, the following:
1. Temporary roads and paving.
2. Dewatering facilities and drains.
3. Field offices.
4. Storage and fabrication sheds.
5. Lifts and hoists.
6. Construction aids and miscellaneous services and facilities.
D. Security and protection facilities include, but are not limited to, the following:
1.
2.
3.
4.
5.
6.
7.
8.
Environmental protection.
Stonllwater control.
Tree and plant protection.
Security enclosure and lockup.
Barricades, warning signs, and lights.
Temporary enclosures.
Temporary pm1itions.
Fire protection.
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TEMPORARY FACILITIES AND CONTROLS 01500-1
1.3
1.4
1.5
E.
Related Sections include the following:
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1. Division 1 Section "Submittal Procedures" for procedures for submitting copies of
implementation and termination schedule and utility reports.
2. Division 1 Section "Execution Requirements" for progress cleaning requirements.
3. Divisions 2-16 for temporary heat, ventilation, and humidity requirements for
products in those Sections.
USE CHARGES
A.
General: Cost or use charges for temporary facilities are not chargeable to Owner or
Engineer and shall be included in the Contract Sum. Allow other entities to use
temporary services and facilities without cost, including, but not limited to, the
following:
1. Owner's construction forces.
2. Occupants of Project.
3. Engineer.
4. Testing agencies.
5. Personnel of authorities having jurisdiction.
B.
Electric Power Service: Pay electric power service use charges, whether metered or
otherwise, for electricity used by all entities engaged in construction activities at Project
site.
QUALITY ASSURANCE
A.
Standards: Comply with ANSI AlO.6, NECA's "Temporary Electrical Facilities," and
NFPA 241.
1. Trade Jurisdictions: Assigned responsibilities for installation and operation of
temporary utilities are not intended to interfere with trade regulations and union
jurisdictions. _
2. Electric Service: Comply with NECA, NEMA, and UL standards and regulations
for temporary electric service. Install service to comply with NFP A 70.
B.
Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect
each temporary utility before use. Obtain required certifications and permits.
PROJECT CONDITIONS
c
A.
Conditions of Use: The following conditions apply to use of temporary services and
facilities by all parties engaged in the Work:
TEMPORARY FACILITIES AND CONTROLS 01500-2
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1. Keep temporary services and facilities clean and neat.
2. Relocate temporary services and facilities as required by progress of the Work.
PART 2 - PRODUCTS
2.1 MATERIALS
A. General: Provide new materials. Undamaged, previously used materials in serviceable
condition may be used if approved by Engineer. Provide materials suitable for use
intended.
B. Water: Potable.
2.2 EQUIPMENT
A. General: Provide equipment suitable for use intended.
B. Field Offices: Mobile units or other suitable unit with lockable entrances, operable
windows, and serviceable finishes; heated and air conditioned; on foundations adequate
for normal loading.
C. Fire Extinguishers: Hand carried, portable, UL rated. Provide class and extinguishing
agent as indicated or a combination of extinguishers of NFP A-recommended classes for
exposures.
1. Comply with NFPA 10 and NFPA 241 for classification, extinguishing agent, and
size required by location and class of fire exposure.
D. Self-Contained Toilet Units: Single-occupant units of chemical, aerated recirculation,
or combustion type; vented; fully enclosed with a glass-fiber-reinforced polyester shell
or similar nonabsorbent material.
E. Drinking-Water Fixtures: Containerized, tap-dispenser or bottled-water drinking-water
units, including paper cup supply.
F. Heating Equipment: Unless Owner authorizes use of permanent heating system,
provide vented, self-contained, liquid-propane-gas or fuel-oil heaters with individual
space thermostatic controL
1. Use of g&soline-buming space heaters, open-flame heaters, or salamander-type
heating units is prohibited.
2. Heating Units: Listed and labeled, by a testing agency acceptable to authorities
having jurisdiction, and marked for intended use for type of fuel being consumed.
TEMPORARY FACILITIES AND CONTROLS 01500-3
G. Electrical Outlets: Properly configured, NEMA-polarized outlets to prevent insertion of
110- to 120- V plugs into higher-voltage outlets; equipped with ground-fault circuit
interrupters, reset button, and pilot light.
H. Power Distribution System Circuits: Where permitted and overhead and exposed for
surveillance, wiring circuits, not exceeding 125- V ac, 20-A rating, and lighting circuits
may be nonmetallic sheathed cable.
PART 3 - EXECUTION
3.1 INSTALLATION, GENERAL
A. Locate facilities where they will serve Project adequately and result in lll1mmum
irtterference with performance of the Work. Relocate and modify facilities as required.
B. Provide each facility ready for use when needed to avoid delay. Maintain and modify
as required. Do not remove until facilities are no longer needed or are replaced by
authorized use of completed permanent facilities.
3.2 TEMPORARY UTILITY INSTALLATION
A. General: Engage appropriate local utility company to install temporary service or
connect to existing service. Where utility company provides only part of the service,
provide the remainder with matching, compatible materials and equipment. Comply
with utility company recommendations.
1. Arrange with utility company, Owner, and existing users for time when service
can be interrupted, if necessary, to make connections for temporary services.
2. Provide adequate capacity at each stage of construction.
B. Water Service: Use of Owner's existing water service facilities will not be permitted.
C. Sanitary Facilities: Use of Owner's existing sanitary facilities will not be permitted.
Provide temporary toilets and drinking-water. Comply with regulations and health
codes for type, number, location, operation, and maintenance of fixtures and facilities.
1. Disposable Supplies: Provide toilet tissue, paper towels, paper cups, and similar
disposable materials for each facility. Maintain adequate supply. Provide
covered waste containers for disposal of used material.
~ 2. Toilets: Use of Owner's existing toilet facilities will not be permitted.
3. Toilets: Install self-contained toilet units. Shield toilets to ensure pnvacy.
Provide separate facilities for male and female personnel.
4. Drinking-Water Facilities: Provide bottled-water, drinking-water units.
TEMPORARY FACILITIES AND CONTROLS 01500-4
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3.3
D.
Heating and Cooling: Provide temporary heating and cooling required by construction
activities for curing or drying of completed installations or for protecting installed
construction from adverse effects of low temperatures or high humidity. Select
equipment from that specified that will not have a harmful effect on completed
installations or elements being installed.
E.
Ventilation and Humidity Control: Provide temporary ventilation required by
construction activities for curing or drying of completed installations or for protecting
installed construction from adverse effects of high humidity. Select equipment from
that specified that will not have a harmful effect on completed installations or elements
being installed. Coordinate ventilation requirements to produce ambient condition
required and minimize energy consumption.
F.
Electric Distribution: Provide weatherproof, grounded electric power service and
distribution system of sufficient size, capacity, and power characteristics during
construction period. Include meters, transformers, overload-protected disconnecting
means, automatic ground-fault interrupters, and main distribution switchgear.
1. Install electric power service underground, unless overhead service must be used.
2. Install power distribution wiring overhead and rise vertically where least exposed
to damage.
3. Connect temporary service to Owner's existing power source, as directed by
electric company officials.
G.
Electric Power Service: Use of Owner's existing electric power service for hook-up of
temporary power will be permitted, as long as equipment is maintained in a condition
acceptable to Owner.
H.
Electric Distribution: Provide receptacle outlets adequate for connection of power tools
and equipment.
1. Provide waterproof connectors to connect separate lengths of electrical power
cords if single lengths will not reach areas where construction activities are in
progress. Do not exceed safe length-voltage ratio.
I.
Telephone, Service: Provide telephone service to resident engmeer per Special
Provisions.
SUPPORT FACllJTIES INSTALLATION
A.
General: Comply with~he following:
1. Locate field offices, storage sheds, sanitary facilities, and other temporary
construction and support facilities for easy access.
TEMPORAR Y FACILITIES AND CONTROLS 01500-5
3.4
,
B.
Temporary Roads and Paved Areas: Construct and maintain temporary roads and paved
areas adequate to support loads and to withstand exposure to traffic during construction
period. Locate temporary roads and paved areas within construction limits indicated on
Drawings.
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1. Provide a reasonably level, graded, well-drained subgrade of satisfactory soil ma-
terial, compacted to not less than 95 percent of maximum dry density in the top 6
inches (150 mm).
2. Provide dust-control treatment that is nonpolluting and nontracking. Reapply
treatment as required to minimize dust.
c.
Traffic Controls: Provide temporary traffic controls at junction of temporary roads with
public roads. Include warning signs for public traffic and "STOP" signs for entrance
onto public roads. Comply with requirements of authorities having jurisdiction.
D.
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Dewatering Facilities and Drains: Comply with requirements in applicable Division 2
Sections for temporary drainage and dewatering facilities and operations not directly
associated with construction activities included in individual Sections. Where feasible,
use same facilities. Maintain Project site, excavations, and construction free of water.
1. Dispose of rainwater in a lawful manner that will not result in flooding Project or
adjoining property nor endanger permanent Work or temporary facilities.
2. Remove snow and ice as required to minimize accumulations.
E.
Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to
handle waste from construction operations. Containerize and clearly label hazardous,
dangerous, or unsanitary waste materials separately from other waste. Comply with
Division 1 Section "Execution Requirements" for progress cleaning requirements.
1. If required by authorities having jurisdiction, provide separate containers, clearly
labeled, for each type of waste material to be deposited.
2. Contractor may dispose of wastes generated during this project at County landfill
for no cost. This will be coordinated with Owner's staff.
SECURITY AND PROTECTION FACILITIES INST ALLA nON
A.
Environmental Protection: Provide protection, operate temporary facilities, and conduct
construction in ways and by methods that comply with environmental regulations and
that minimize possible air, waterway, and subsoil contamination or pollution or other
undesirable effects. Avoid using tools and equipment that produce harmful noise.
Resteict use of noisemaking tools and equipment to hours that will minimize complaints
from persons or firms near Project site.
B.
Stormwater Control: Implement storm water control plan outlined within Appendix A.
TEMPORARY FACILITIES AND CONTROLS 01500-6
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3.5
C.
Temporary Fire Protection: Install and maintain temporary fire-protection facilities of
types needed to protect against reasonably predictable and controllable fire losses.
Comply with NFPA 241.
1. Provide fire extinguishers, installed on walls on mounting brackets, visible and
accessible from space being served, with sign mounted above.
a. Field Offices: Class A stored-pressure water-type extinguishers.
2. Store combustible materials in containers in fire-safe locations.
3. Maintain unobstructed access to fire extinguishers, temporary fire-protection
facilities, stairways, and other access routes for firefighting. Prohibit smoking in
hazardous fire-exposure areas.
,
OPERATION, TERMINATION, AND REMOVAL
A
Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste
and abuse, limit availability of temporary facilities to essential and intended uses.
B.
Maintenance: Maintain facilities in good operating condition until removal. Protect
from damage caused by freezing temperatures and similar elements.
1. Maintain operation of temporary enclosures, heating, cooling, humidity control,
ventilation, and similar facilities on a 24-hour basis where required to achieve
indicated results and to avoid possibility of damage.
2. Prevent water-filled piping from freezing. Maintain markers for underground
lines. Protect from damage during excavation operations.
C.
Termination and Removal: Remove each temporary facility when need for its service
has ended, when it has been replaced by authorized use of a permanent facility, or no
later than Substantial Completion. Complete or, if necessary, restore permanent
construction that may have been delayed because of interference with temporary
facility. Repair damaged Work, clean exposed surfaces, and replace construction that
cannot be satisfactorily repaired.
1. Materials' and facilities that constitute temporary facilities are the property of
Contractor.
2. At Substantial Completion, clean and renovate permanent facilities used during
construction period. Comply with final cleaning requirements in Division 1
Section "Closeout Procedures."
~
END OF SECTION 01500
TEMPORARY FACILITIES AND CONTROLS 01500-7
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SECTION 01600
PRODUCT REQUIRElVIENTS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and Special Provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following administrative and procedural requirements:
selection of products for use in Project; product delivery, storage, and handling;
manufacturers' standard warranties on products; special warranties; product
substitutions; and comparable products.
B. Related Sections include the following:
1. Division 1 Section "References" for applicable industry standards for products
specified.
2. Division 1 Section "Closeout Procedures" for submitting warranties for contract
closeout.
3. Divisions 2 through 16 Sections for specific requirements for warranties on
products and installations specified to be warranted.
1.3 DEFINITIONS
A. Products: Items purchased for incorporating into the Work, whether purchased for
Project or taken from previously purchased stock. The term "product" includes the
terms "material," "equipment," "system," and terms of similar intent.
,
1. Named Products: Items identified by manufacturer's product name, including
make or model number or other designation, shown or listed in manufacturer's
published product literature, that is current as of date of the Contract Documents.
2. New Products: Items that have not previously been incorporated into another
project or facility, except that products consisting of rect'cled-content materials
are allowed, unless explicitly stated otherwise. Products salvaged or recycled
from other projects are not considered new products.
3. Comparable Product: Product that is demonstrated and approved through
submittal process, or where indicated as a product substitution, to have the
indicated qualities related to type, function, dimension, in-service performance,
physical properties, appearance, and other characteristics that equal or exceed
those of specified product.
PRODUCT REQUIREMENTS 01600-1
1.4
B.
Substitutions: Changes in products, materials, equipment, and methods of construction
from those required by the Contract Documents and proposed by Contractor.
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C.
Basis-of-Design Product Specification: Where a specific manufacturer's product is
named including make or model number or other designation, to establish the
significant qualities related to type, function, dimension, in-service performance,
physical properties, appearance, and other characteristics for purposes of evaluating
comparable products of other named manufacturers.
D.
Manufacturer's Warranty: Preprinted written warranty published by individual
manufacturer for a particular product and specifically endorsed by manufacturer to
Owner.
E.
Special Warranty: Written warranty required by or incorporated into the Contract
Documents, either to extend time limit provided by manufacturer's warranty or to
provide more rights for Owner.
SUBMITTALS
A.
Substitution Requests: Submit three copies of each request for consideration. Identify
product or fabrication or installation method to be replaced. Include Specification
Section number and title and Drawing numbers and titles.
1. Documentation: Show compliance with requirements for substitutions and the
following, as applicable:
a. Statement indicating why specified material or product cannot be provided.
b. Coordination information, including a list of changes or modifications
needed to other parts of the Work and to construction performed by Owner
and separate contractors, that will be necessary to accommodate proposed
substitution.
c. Detailed comparison of significant qualities of proposed substitution with
those of the Work specified. Significant qualities may include attributes
such as performance, weight, size, durability, visual effect, and specific
features and requirements indicated.
d. Product Data, including drawings and descriptions of products and
fabrication and installation procedures.
e. Samples, where applicable or requested.
f. List of similar installations for completed projects with project names and
addresses and names and addresses of Engineers and owners.
g. Material test reports from a qu~lified testing agency indicating and
interpreting test results for compliance with requirements indicated.
h. Detailed comparison of Contractor's Construction Schedule using proposed
substitution with products specified for the Work, including effect on the
overall Contract Time. If specified product or method of construction
cannot be provided within the Contract Time, include letter from
PRODUCT REQUIREMENTS 01600-2
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1.5
1.6
manufacturer, on manufacturer's letterhead, stating lack of availability or
delays in delivery.
1. Cost information, including a proposal of change, if any, in the Contract
Sum.
.1. Contractor's certification that proposed substitution complies with
requirements in the Contract Documents and is appropriate for applications
indicated.
k. Contractor's waiver of rights to additional payment or time that may
subsequently become necessary because of failure of proposed substitubon
to produce indicated results.
2. Engineer's Action: If necessary, Engineer will request additional information or
documentation for evaluation within one week of receipt of a request for
substitution. Engineer will notify Contractor of acceptance or rejection of
proposed substitution within 15 days of receipt of request, or 7 days of receipt of
additional information or documentation, whichever is later. .
a. Form of Acceptance: Change Order.
b. Use product specified if Engineer cannot make a decision on use of a
proposed substitution within time allocated.
B.
Basis-of-Design Product Specification Submittal: Comply with requirements in
Division 1 Section "Submittal Procedures." Show compliance with requirements.
QUALITY ASSURANCE
A.
Compatibility of Options: If Contractor is given option of selecting between two or
more products for use on Project, product selected shall be compatible with products
previously selected, even if previously selected products were also options.
PRODUCT DELIVERY, STORAGE, AND HANDLING
A.
Deliver, store, and handle products using means and methods that will prevent damage,
deteriorabon, and loss, including theft. Comply with manufacturer's written
instructions.
1. Schedule delivery to minimize long-term storage at Project site and to prevent
overcrowding of construction spaces.
2. Coordinate delivery with installation time to ensure minimum holding time for
items that are flammable, hazardous, easily damaged, or sensitive; to deterioration,
theft, and other losses. ..
3. Deliver products to Project site in an undamaged condition in manufacturer's
original sealed container or other packaging system, complete with labels and
instructions for handling, storing, unpacking, protecting, and installing.
4. Inspect products on delivery to ensure compliance with the Contract Documents
and to ensure that products-are undamaged and properly protected.
PRODUCT REQUIREMENTS 01600-3
5. Store products to allow for inspection and measurement of quantity or counting of
uni ts.
6. Store materials in a manner that will not endanger Project structure.
7. Store products that are subject to damage by the elements, under cover in a
weathertight enclosure above ground, with ventilation adequate to prevent
condensation.
S. Comply with product manufacturer's written instructions for temperature,
humidity, ventilation, and weather-protection requirements for storage.
9. Protect stored products from damage.
1.7 PRODUCT WARRANTIES
A. Warranties specified in other Sections shall be in addition to, and run concurrent with,
other warranties required by the Contract Documents. Manufacturer's disclaimers and
limitations on product warranties do not relieve. Contractor of obligations under
requirements of the Contract Documents.
B. Special Warranties: Prepare a written document that contains appropriate terms and
identification, ready for execution. Submit a draft for approval before final execution.
1. Manufacturer's Standard Form: Modified to include Project-specific information
and properly executed.
2. Refer to Divisions 2 through 16 Sections for specific content requirements and
particular requirements for submitting special warranties.
C.
Comply with requirements in Division 1 Section "Closeout
Submittal Time:
Procedures. "
PART 2 - PRODUCTS
2.1 PRODUCT OPTIONS
A. General Product Requirements: Provide products that comply with the Contract
Documents, that are undamaged, and unless otherwise indicated, that are new at time of
installation. '
1. Provide products complete with accessories, trim, finish, fasteners, and other
items needed for a complete installation and indicated use and effect.
2. Standard Products: If available, and unless custom products or nonstandard
options are specified, provide standard products:of types that have been produced
and used successfully in similar situations on other projects.
3. Owner reserves the right to limit selection to products with warranties not in
conflict with requirements of the Contract Documents.
4. Descriptive, performance, and reference standard requirements In the
Specifications establish "salient characteristics" of products.
PRODUCT REQUIREMENTS 01600-4
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2.2
5. Or Equal: Where products are specified by name and accompanied by the term
"or equal" or "or approved equal" or "or approved," comply with provisions in
"Comparable Products" Article to obtain approval for use of an unnamed product.
B.
Product Selection Procedures: Procedures for product selection include the following:
1. Product: Where Specification paragraphs or subparagraphs titled "Product" name
a single product and manufac;turer, provide the product named.
a. Substitutions may be considered.
2. Products: Where Specification paragraphs or subparagraphs titled "Products"
introduce a list of names of both products and manufacturers, provide one of the
products listed that complies with requirements.
a. Substitutions may be considered.
3. Manufacturers: Where Specification paragraphs or subparagraphs titled
"Manufacturers" introduce a list of manufacturers' names, provide a product by
one of the manufacturers listed that complies with requirements.
a. Substitutions may be considered.
PRODUCT SUBSTITUTIONS
A.
Timing: Engineer will consider requests for substitution if received within 30 days
after the Notice of Award and the Notice to Proceed. Requests received after that time
may be considered or rejected at discretion of Engineer.
B.
Conditions: Engineer will consider Contractor's request for substitution when the
following conditions are satisfied. If the following conditions are not satisfied,
Engineer will return requests without action, except to record noncompliance with these
requirements:
1. Requested substitution offers Owner a substantial advantage in cost, time, energy
conservation, or other considerations, after deducting adqitional responsibilities
Owner must assume. Owner's additional responsibilities may include
compensation to Engineer for redesign and evaluation services, increased cost of
other construction by Owner, and similar considerations.
2. Requested substitution does not require extensive revisions to the Contract
Documents.
3. Requested substitution is consistent with the Contract Document~ and will
produce indicated results.
4. Substitution request is fully documented and properly submitted.
5. Requested substitution will not adversely affect Contractor's Construction
Schedule.
6. Requested substitution has received necessary approvals of authorities having
jUlisdiction.
PRODUCT REQUIREMENTS 01600-5
7. Requested substitution is compatible with other portions of the Work.
8. Requested substitution has been coordinated with other portions of the Work.
9. Requested substitution provides specified warranty.
2.3 COMP ARABLE PRODUCTS
A. Where products or manufacturers are specified by name, submit the following, III
addition to other required submittals, to obtain approval of an unnamed product:
1. Evidence that the proposed product does not require extensive revisions to the
Contract Documents, that it is consistent with the Contract Documents and will
produce the indicated results, and that it is compatible with other portions of the
Work.
2. Detailed comparison of significant qualities of proposed product with those
named in the Specifications. Significant qualitie~ include attributes such as
performance, weight, size, durability, visual effect, and specific features and
requirements indicated.
3. Evidence that proposed product provides specified warranty.
4. List of similar installations for completed projects with project names and
addresses and names and addresses of Engineers and owners, if requested.
5. Samples, if requested.
PART 3 - EXECUTION (Not Used)
END OF SECTION 01600
~
PRODUCT REQUIREMENTS 01600-6
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SECTION 01700
EXECUTION REQUIREMENTS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and Special Provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes general procedural requirements governing execution of the Work
including, but not limited to, the following:
1. Construction layout.
2. Field engineering and surveying.
3. General installation of products.
4. Progress cleaning.
5. Starting and adjusting.
6. Protection of installed construction.
7. Correction of the Work.
B. Related Sections include the following:
1. Division 1 Section "Project Management and Coordination" for procedures for
coordinating field engineering with other construction activities.
2. Division 1 Section "Submittal Procedures" for submitting surveys.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION
3.1 EXAMINATION
I"
A. Existing Conditions: The existence and location of site improvements, utilities, and
other construction indicated as existing are not guaranteed. Before beginning work,
investigate and verify the existence and location of mechanical and electrical systems
and other construction affecting the Work.
EXECUTION REQUIREMENTS 01700-1
3.2
c
1. Before construction, verify the location and points of connection of utility
serVlces.
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B.
Existing Utilities: The existence and location of underground and other utilities and
construction indicated as existing are not guaranteed. Before beginning sitework,
investigate and verify the existence and location of underground utilities and other
construction affecting the Work.
1. Before construction, verify the location and invert elevation at points of
connection of sanitary sewer, storm sewer, and water-service piping; and
underground electrical services.
2. Furnish location data for work related to Project that must be performed by public
utilities serving Project site.
C.
Acceptance of Conditions: Examine substrates, areas, and conditions, with Installer or
Applicator present where indicated, for compliance with requirements for installation
tolerances and other conditions affecting performance. Record observations.
1. Written report: Where a written report listing conditions detrimental to perform-
ance of the Work is required by other Sections, included the following:
a. Description of Work.
b. List of detrimental conditions, including substrates.
c. List of unacceptable installation tolerances.
d. Recommended corrections.
2. Verify compatibility with the suitability of substrates.
3. Proceed with installation only after unsatisfactory conditions have been corrected.
Proceeding with the Work indicates acceptance of surfaces and conditions.
PREP ARA TION
A.
Existing Utility Information: Furnish information to local utility that is necessary to
adjust, move, or relocate existing utility structures, utility poles, lines, services, or other
utility appurtenances located in or affected by construction. Coordinate with authorities
having jurisdiction.
B.
Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by
Owner or others unless permitted under the following conditions and then only after
arranging to provide temporary utility services according to requirements indicated:
1. Notify Engineer not less than two days in advance of proposed utility
interruptions.
2. Do not proceed with utility interruptions without Engineer's written permission.
EXECUTION REQUIREMENTS 01700-2
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3.3
3.4
c.
Field Measurements: Take field measurements as required to fit the Work properly.
Recheck measurements before installing each product. Where portions of the Work are
indicated to fit to other construction, verify dimensions of other construction by field
measurements before fabrication. Coordinate fabrication schedule with construction
progress to avoid delaying the Work.
D.
Space Requirements:' Verify space requirements and dimensions of items shown
diagrammatically on Drawings.
E.
Review of Contract Documents and Field Conditions: Immediately on discovery of the
need for clarification of the Contract Documents, submit a request for information to
Engineer. Include a detailed description of problem encountered, together with
recommendations for changing the Contract Documents.
j
CONSTRUCTION LA YOUT
A.
Verification: Before proceeding to layout the Work, verify layout information shown
on Drawings, in relation to the property survey and existing benchmarks. If
discrepancies are discovered, notify Engineer promptly.
B.
General: Engage a land surveyor to layout the Work usmg accepted surveying
practices.
1. Establish benchmarks and control points to set lines and levels.
2. Establish dimensions within tolerances indicated. Do not scale Drawings to
obtain required dimensions.
3. Inform installers of lines and levels to which they must comply.
4. Check the location, level and plumb, of every major element as the Work
progresses.
5. Notify Engineer when deviations from required lines and levels exceed allowable
tolerances.
6. Close site surveys with an error of closure equal to or less than the standard
established by authorities having jurisdiction.
c.
,Site Improvements: Locate and layout site improvements, including road gravel,
grading, fill and topsoil placement, utility slopes, and invert elevations.
D.
Record Log: Maintain a log of layout control work. Record deviations from required
lines and levels. Include beginning and ending dates and times of surveys, weather
conditions, name and duty of each survey party member, and types of instruments and
tapes used.~Make the log available for reference by Engineer.
FIELD ENGINEERING
A.
Identification: Owner will identify existing benchmarks, control points, and propelty
comers.
EXECUTION REQUIREMENTS 01700-3
3.5
B.
Reference Points: Locate existing permanent benchmarks, control points, and similar
reference points before beginning the Work. Preserve and protect permanent
benchmarks and control points during construction operations.
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1. Do not change or relocate existing benchmarks or control points without prior
written approval of Engineer. Report lost or destroyed permanent benchmarks or
control points promptly. Report the need to relocate permanent benchmarks or
control points to Engineer before proceeding.
2. Replace lost or destroyed permanent benchmarks and control points promptly.
Base replacements on the original survey control points.
c.
Benchmarks: Establish and maintain a minimum of two permanent benchmarks on
Project site, referenced to data established by survey control points.
1. Record benchmark locations, with horizontal and vertical data, on Project Record
Documents.
2. Where the actual location or elevation of layout points cannot be marked, provide
temporary reference points sufficient to locate the Work.
3. Remove temporary reference points when no longer needed. Restore marked
construction to its original condition.
INSTALLATION
A.
General: Locate the Work and components of the Work accurately, m correct
alignment and elevation, as indicated.
1. Make vertical work plumb and make horizontal work level.
2. Where space is limited, install components to maximize space available for
maintenance and ease of removal for replacement.
B.
Comply with manufacturer's written instructions and recommendations for installing
products in applications indicated.
C.
Install products at the time and under conditions that will ensure the best possible
results. Maintain conditions required for product performance until Substantial
Completion.
D.
Conduct construction operations so no part of the Work is subjected to damaging
operations or loading in excess of that expected during normal conditions of occupancy.
~E.
F.
Tools and Equipment: Do not use tools or equipment that produce harmful noise levels.
Hazardous Materials: Use products, cleaners, and installation materials that are not
considered hazardous.
EXECUTION REQUIREMENTS 01700:4
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3.6
PROGRESS CLEANING
A.
General: Clean Project site and work areas daily, including common areas. Coordinate
progress cleaning for joint-use areas where more than one installer has worked. Enforce
requirements strictly. Dispose of materials lawfully.
1. Comply with requirements in NFPA 241 for removal of combustible waste
materials and debris.
2. Do not hold materials more than 7 days during normal weather or 3 days if the
temperature is expected to rise above 80 deg F (27 deg C).
3. Containerize hazardous and unsanitary waste materials separately from other
waste. Mark containers appropriately and dispose of legally, according to
regulations.
B.
Site: Maintain Proj,ect site free of waste materials and debris.
c.
Work Areas: Clean areas where work is in progress to the level of cleanliness
necessary for proper execution of the Work.
1. Remove liquid spills promptly.
2. Where dust would impair proper execution of the Work, broom-clean or vacuum
the entire work area, as appropriate.
D.
Installed Work: Keep installed work clean. Clean installed surfaces according to
written instructions of manufacturer or fabricator of product installed, using only
cleaning materials specifically recommended. If specific cleaning materials are not
recommended, use cleaning materials that are not hazardous to health or property and
that will not damage exposed surfaces.
E.
Concealed Spaces: Remove debris from concealed spaces before enclosing the space.
F.
Exposed Surfaces: Clean exposed surfaces and protect as necessary to ensure freedom
from damage and deterioration at time of Substantial Completion.
G.
Cutting and Patching: Clean areas and spaces where cutting and patching are
performed. Completely remove paint, mortar, oils, putty, and similar materials.
1. Thoroughly clean piping, conduit, and similar features before applying paint or
other finishing materials. Restore damaged pipe covering to its original
condition.
H.
During handlin!t and installation, clean and protect construction in progress and
adjoining materials already in place. Apply protective covering where required to
ensure protection from damage or deterioration at Substantial Completion.
I.
Clean and provide maintenance on completed construction as frequently as necessary
through the remainder of the construction period. Adjust and lublicate operable
components to ensure operability without damaging effects.
EXECUTION REQUIREMENTS 01700-5
J. Limiting Exposures: Supervise construction operations to assure that no part of the
construction, completed or in progress, is subject to harmful, dangerous, damaging, or
otherwise deleterious exposure during the construction period.
3.7 PROTECTION OF INSTALLED CONSTRUCTION
A. Provide final protection and maintain conditions that ensure installed Work is without
damage or deterioration at time of Substantial Completion.
B. Comply with manufacturer's written instructions for temperature and relative humidity.
3.8 CORRECTION OF THE WORK
A. . Repair or remove and replace defective construction. Restore damaged substrates and
finishes.
1. Repairing includes replacing defective parts, refinishing damaged surfaces,
touching up with matching materials, and properly adjusting operating equipment.
B. Restore permanent facilities used during construction to their specified condition.
C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be
repaired without visible evidence of repair.
D. Repair components that do not operate properly. Remove and replace operating
components that cannot be repaired.
E. Remove and replace chipped, scratched, and broken glass or reflective surfaces.
END OF SECTION 01700
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EXECUTION REQUIREMENTS 01700-6
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SECTION 01770
CLOSEOUT PROCEDURES
PART 1 ~ GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and Special Provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for contract closeout,
including, but not limited to, the following:
1. Inspection procedures.
2. Project Record Documents.
3. Operation and maintenance manuals.
4. Warranties.
5. Instruction of Owner's personnel.
6. Final cleaning.
B. Related Sections include the following:
1. Division 1 Section "Payment Procedures" for requirements for Applications for
Payment for Substantial and Final Completion.
2. Division 1 Section "Construction Progress Documentation" for submitting Final
Completion construction photographs.
3. Division 1 Section "Execution Requirements" for progress cleaning of Project
site.
4. Divisions 2 through 16 Sections for specific closeout and special cleaning
requirements for products of those Sections.
1.3 SUBSTANTIAL COMPLETION
A. Preliminary Procedures: Before requesting inspection for determining date of
Substantial Completion, complete the following. ListCitems below that are incomplete
in request.
1. Prepare a list of items to be completed and corrected (punch list), the value of
items on the list, and reasons why the Work is not complete.
2. Advise Owner of pending insurance changeover req~irements.
CLOSEOUT PROCEDURES 01770-1
1.4
3. Submit specific warranties, Performance bonds, maintenance service agreements,
final certifications, and similar documents.
4. Obtain and submit releases permitting Owner unrestricted use of the Work and
access to services and utilities. Include occupancy permits, operating certificates,
and similar releases.
5. Prepare and submit Project Record Documents, operation and maintenance
manuals, damage or settlement surveys, property surveys, and similar final record
information.
6. Deliver tools, spare parts, extra materials, and similar items to location designated
by Owner. Label with manufacturer's name and model number where applicable.
7. Terminate and remove temporary facilities from Project site, construction tools,
and similar elements.
8. Advise Owner of changeover in heat and other utilities.
9. Submit changeover information related to Owner's occupancy, use, operation, and
maintenance.
10. Complete final cleaning requirements, including touchup painting.
11. Touch up and otherwise repair and restore marred exposed finishes to eliminate
visual defects.
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B.
Inspection: Submit a written request for inspection for Substantial Completion. On
receipt of request, Engineer will either proceed with inspection or notify Contractor of
unfulfilled requirements. Engineer will prepare the Certificate of Substantial
Completion after inspection or will notify Contractor of items, either on Contractor's list
or additional items identified by Engineer, that must be completed or corrected before
certificate will be issued.
1. Reinspection: Request reinspection when the Work identified in previous
inspections as incomplete is completed or corrected.
2. Results of completed inspection will form the basis of requirements for Final
Completion.
FINAL COMPLETION
A.
Preliminary Procedures: Before requesting final inspection for determining date of
Final Completion, complete the following:
1. Submit a final Application for Payment according to Division 1 Section "Payment
Procedures. "
2. Submit certified copy of Engineer's Substantial Completion inspection list of
items to be completed or corrected (punch list), endorsed and dated by Engineer.
The certified copy of the list ~all state that each item has been completed or
otherwise resolved for acceptance.
3. Submit evidence of final, continuing insurance coverage complying with
insurance requirements.
4. Instruct Owner's personnel in operation, adjustment, and maintenance of products,
equipment, and systems.
CLOSEOUT PROCEDURES 01770-2
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1.5
1.6
B.
Inspection: Submit a written request for final inspection for acceptance. On receipt of
request, Engineer will either proceed with inspection or notify Contractor of unfulfilled
requirements. Engineer will prepare a final Certificate for Payment after inspection or
will notify Contractor of construction that must be completed or corrected before
certificate will be issued.
1. Reinspection: Request reinspection when the Work identified In previous
inspections as incomplete is completed or corrected.
LIST OF INCOMPLETE ITEMS (PUNCH LIST)
A.
Preparation: Submit three copies of list. Include name and identification of each space
and area affected by construction operations for incomplete items and items needing
correction including, if necessary, areas disturbed by Contractor that are outside the
limits of construction. .
1. Organize list of areas in sequential order.
2. Organize items applying to each area by major element.
3. Include the following information at the top of each page:
a. Project name.
b. Date.
c. Name of Engineer.
d. Name of Contractor.
e. Page number.
PROJECT RECORD DOCUMENTS
A.
General: Do not use Project Record Documents for construction purposes. Protect
Project Record Documents from deterioration and loss. Provide access to Project
Record Documents for Engineer's reference during normal working hours.
B.
Record Drawings: Maintain and submit one set of blue- or black-line white prints of
Contract Drawings and Shop Drawings.
1. Mark Record Prints to show the actual installation where installation varies from
that shown originally. Require individual or entity who obtained record data,
whether individual or entity is Installer, subcontractor, or similar entity, to prepare
the marked-up Record Prints.
C
a. Give particular attention to information on concealed elements that cannot
be readily identified and recorded later.
b. Accurately record information in an understandable drawing technique.
c. Record data as soon as possible after obtaining it. Record and check the
markup before enclosing concealed installations.
CLOSEOUT PROCEDURES 01770-3
1.7
d. Mark Contract Drawings or Shop Drawings, whichever is most capable of
showing actual physical conditions, completely and accurately. Where
Shop Drawings are marked, show cross-reference on Contract Drawings.
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2. Mark record sets with erasable, red-colored pencil. Use other colors to
distinguish between changes for different categories of the Work at the same
location.
3. Mark important additional information that was either shown schematically or
omitted from original Drawings.
4. Note Construction Change Directive numbers, Change Order numbers, alternate
numbers, and similar identification where applicable.
5. Identify and date each Record Drawing; include the designation "PROJECT
RECORD DRAWING" in a prominent location. Organize into manageable sets;
bind each set with durable paper cover. sheets. Include identification on cover
sheets.
c.
Miscellaneous Record Submittals: Assemble miscellaneous records required by other
Specification Sections for miscellaneous record keeping and submittal in connection
with actual performance of the Work. Bind or file miscellaneous records and identify
each, ready for continued use and reference.
WARRANTIES
A.
Submittal Time: Submit written warranties on request of Engineer for designated
portions of the Work where commencement of warranties other than date of Substantial
Completion is indicated.
B.
Contractor's General Warranty and Guarantee: The Contractor shall guarantee all
materials and equipment furnished and work performed for a period of one (1) year
form the date of Substantial Completion. The Contractor warrants and guarantees for a
period of one (1) year from the date of Substantial Completion of the system that the
completed system is free from all defects due to faulty materials or workmanship and
the Contractor shall promptly make such corrections as may be necessary by reason of
such defects, including the repairers of the damage of other parts of the system resulting
from such defects. The Owner will give notice of observed defects with reasonable
promptness. In the event that the Contractor should fail to make such repairs,
adjustments, or other work that may be made necessary by such defects, the Owner may
do so and charge the Contractor the cost there by incurred. The Performance Bond shall
remain in full force and effect through the guarantee period.
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Provide additional copies of each warranty to include in operation and maintenance
manuals.
c.
CLOSEOUT PROCEDURES 01770-4
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PART:2 - PRODUCTS
2.1 MATERIALS
A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or
fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially
hazardous to health or property or that might damage finished surfaces.
PART 3 - EXECUTION
3.1 FINAL CLEANING
A. General: Provide final cleaning. Conduct cleaning and waste-removal operations to
comply with local laws and ordinances and Federal and local environmental and
antipollution regulations.
B. Cleaning: Employ experienced workers or professional cleaners for final cleaning.
1. Complete the following cleaning operations before requesting inspection for
certification of Substantial Completion for entire Project or for a portion of
Project:
a. Clean Project site, yard, and grounds, in areas disturbed by construction
activities, induding landscape development areas, of rubbish, waste
material, litter, broken pipe, sheeting, worn-out parts, rejected materials,
concrete, asphalt and other foreign substances.
b. Remove excess piles of gravel or soil deposited throughout project.
c. Final grade in unpaved and ungraveled areas with a motor patrol.
d. Remove all loose rocks, boulders, and coarse gravel pushed into a berm be
final grading.
e. Restore surface drainage to original condition unless otherwise detailed in
the project plans and specifications.
f. Sweep paved areas broom clean. Remove petrochemical spills, stains, and
other foreign deposits.
g. Rake grounds that are neither planted nor paved to a smooth, even-textured
surface.
h. Remove tools, construction equipment, machinery, and surplus material
from Project site.
1. Remove debris and surface dust from limited access spaces, including roofs,
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plenums, shafts, trenches, equipment vaults, manholes, attics, and similar
spaces.
J. Sweep concrete floors broom clean in unoccupied spaces.
k. Remove labels that are not pennanent.
CLOSEOUT PROCEDURES 01770-5
1. Touch up and otherwise repair and restore marred, exposed finishes and
surfaces. Replace finishes and surfaces that cannot be satisfactorily
repaired or restored or that already show evidence of repair or restoration.
1) Do not paint over "UL" and similar labels, including mechanical and
electrical nameplates.
m. Replace parts subject to unusual operating conditions.
C. Comply with safety standards for cleaning. Do not bum waste materials. Do not
discharge volatile, harmful, or dangerous materials into drainage systems. Remove
waste materials from Project site and dispose of lawfully.
END OF SECTION 01770
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CLOSEOUT PROCEDURES 01770-6
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DIVISION 2
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SECTION 02320
SITEWORK EXCA V A TION, EMBANKMENT & COMPACTION
PART ONE - GENERAL
1.1 DESCRIPTION
This section covers the construction of site earthwork including the following:
*
*
Native soil (evapo-transpiration) ET layer excavation, embankment and grading
Topsoil layer
1.2 Ql!ALITY ASSURANCE
1.2.1 Field Survey and Construction Tolerances
The Engineer will provide the initial horizontal and vertical control for earthwork as specified
in the Special Provisions. The Contractor shall provide all additional surveys for line, grade and
structural location. Construction tolerances shall be ~ 0.2 feet of line and grade.
1.2.2 Compaction
Specified percentages of compaction shall be the percentage of maximum density as specified
in the Special Provisions. The Engineer will systematically measure the degree of compaction
during the construction of embankment. Measurements will be based on the moisture density curves
already completed on native soils. Please see attached geotechnical information within Appendix B.
If the Contractor wishes to have additional proctor test data, the Contractor shall be responsible to
obtain, transport and pay for the additional laboratory tests. When, in the opinion of the Engineer,
the field soil conditions differ from those represented by the curve, a new moisture density curve will
be prepared and paid for by the Engineer and all subsequent compaction testing will be based on the
results of the new curve.
P ART TWO - MATERIALS
,2.1 ET LA YER MATERIAL
N ati ve soil material for ET embankment shall be obtained from the borrow area as indicated
on the plans. Embankment material shall be free of organic debris and deleterious material with no
rocks greater than six inches.
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2.2 TOPSOIL MATERIAL
The topsoil materials for final cover shall be obtained from the designated borrow area, as
shown on the plans. Topsoil shall be free of organic debris and deteriorating material with no rocks
greater than 6 inches.
SITEWORKEXCAVATION, EMBANKMENT & COMPACTION 02320-1
PART THREE - INSTALLATION
3.1 EXCAVATION AND EMBANKMENT
3.1.1 General
All sitework excavation and embankment shall consist of the excavation and embankment or
disposal of any and all material regardless of type or nature obtained within the construction limits
designated on the Plans.
3.1.2 Clearing and Grubbing
Prior to beginning excavation, grading and embankment operations, all vegetation, debris and
unsuitable embankment material shall be removed and disposed of in a manner approved by the
Engineer or designated on the Plans.
3.1.3 Line and Grade Control
Prior to beginning excavation, grading and embankment operations, the Contractor shall
perform all necessary surveys for control of line and grade and establish firm and protected
monuments for reference throughout the construction period. A sufficient number of such
monuments shall be provided throughout the work to permit verification of the work within the
tolerances specified.
3.1.4 Excavation
The Contractor shall utilize excavating equipment appropriate for the work being performed.
The method of excavation shall be the Contractor's responsibility. All methods and equipment used
shall result in finished work meeting the construction tolerances specified. No work shall be per-
formed beyond the property line without prior written approval from the adjoining landowner.
3.1.5 Embankments
Embankment shall be constructed of suitable on-site materials excavated or borrowed
materials from approved sources. Embankment material shall consistof material free of vegetation.
The topsoil shall be placed in one continuous 6-inch lift.
Embankment for the ET layer shall consist of approximate lifts between I8-and 24-inches
thick. The ET layer shall be placed at a density not to exceed 85% of standard proctor density.
Embankment material shall not be excessively dry or wet when placed. If necessary, the
Contractor shall manipulate the material as required to assure that compaction will be performed at
or near the optimum moisture content given in the moisture density curve.
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3.1.6 Compaction
Compaction equipment shall be suitable to perform the work and achieve the specified
results. Compaction shall be completed entirely across each layer of embankment, commencing at
the sides and progressing toward the center, overlapping each preceding pass by approximately
one-half the width of the compaction equipment.
The Contractor shall control the operation of compaction equipment to prevent damage to
previously completed work including adjacent structures, pipelines and previously completed layers
of embankment.
SlTEWORK EXCAVATION, EMBANKMENT & COMPACTION 02320-2
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Compaction shall be suspended and modified as required whenever evidence of pumping or
unconsolidation of underlying work is observed.
Embankments shall be uniformly compacted to the densities required in the Special
Provisions. Water will be added to material as necessary to achieve the density standards.
3.1.7 ETlTopsoil Layer Final Grading The final ET layer lift and topsoil layer shall be graded
uniformly smooth and be free from angular rocks, roots and vegetation.
3.2 TESTING
The Engineer will make periodic tests for compaction according to the schedule detailed
within the Special Provisions.
Tests shall be evenly and randomly distributed under the direction of the Engineer. The
Engineer reserves the right to request more extensive testing if materials, moisture, compaction
equipment or other'procedures change during embankment placement.
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SITEWORK EXCAVATION, EMBANKMENT & COMPACTION 02320-3
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SECTION 02370
EROSION CONTROL AND SEDIMENT RETENTION STRAW ROLLS
PART ONE - GENERAL
1.1 DESCRIPTION
Work in this section consists of furnishing materials, supplies, labor, equipment and
performing all operations in connection with erosion control on closure slope and construction
perimeter with the use of straw rolls according to specifications.
1.2 QUALITY ASSURANCE
1.2.1 Qualifications of Workmen.
Provide at least one person who shall be present at all times during execution of this portion
of the work and who shall be thoroughly familiar with the type of materials being installed and the
best methods for their installation and who shall direct all work performed under this section.
1.3 PRODUCT HANDLING
1.3.1 Protection
1.3.1.1 Delivery.
Straw roll labeling and shipment shall follow the manufactures written storage and handling
procedures. Product labels shall clearly show the manufacturer or supplier name, straw roll
diameter and length.
1.3.1.2 Storage.
During storage, straw rolls shall be elevated off the ground and adequately covered to protect
them from the following: site construction damage, precipitation, extended ultraviolet
radiation including sunlight, chemicals that are strong acids or strong bases, flames including
welding sparks, excess temperatures, and any other environmental conditions that may
damage the physical property values of the rolls.
1.3.2 Samples and Certificates
1.3.2.1 Samples & Certificates.
Certificates attesting that the following material meet the requirements specified, shall be
submitted to the Engineer/Owner's Representative. ~
a. Straw Rolls
PART TWO - MATERIALS
2.1 STRAW ROLLS
EROSION CONTROL AND SEDIMENT RETENTION STRAW ROLLS 02370-1
Straw Rolls shall be manufactured from rice straw and be wrapped in a tubular plastic
netting. The netting shall have a strand thickness of 0.03 inch, and a knot thickness of 0.055 and
a weight of 0.35 ounce per foot (each +/- 10%) and shall be made from 85% high density
polyethylene, 14% ethyl vinyl acetate and 1% color for UV inhibition. Straw Rolls shall be nine
inches in diameter (+/- one inch), twenty-five feet long (+/- 0.5 feet) and weigh approximately 35
pounds (+/- 10%).
P ART THREE - EXECUTION
3.1 SURFACE CONDITION
3.1.1 Inspection.
Prior to all work of this section, carefully inspect the installed work of all other trades and
verify that all such work is complete to the point where this installation. may properly commence.
Verify that seeding may be completed in accordance with the original design and the referenced
standards.
3.1.2 Discrepancies.
In the event of discrepancy, immediately notify the Engineer/Owner's Representative. Do not
proceed with installation in areas of discrepancy until all such discrepancies have been fully
resolved.
3.2 SITE PREPARATION
3.2.1 Proper site preparation is essential to ensure complete contact of the sediment retention
device (straw roll) with the soil.
3.2.2 The slope shall be prepared to receive the surface mulching/re-vegetation treatment prior to
installation of the erosion control and sediment retention straw rolls.
3.2.3 Remove all rocks, clods, vegetation or other obstruction so that the installed straw rolls will
have direct contact with the soil.
3.2.4 A small trench 2-3 inches in depth shall be excavated on the slope contour and perpendicular
to water flow for installation of the straw roll. Soil from the excavation should be placed down-slope
next to the trench.
3.3 INSTALLATION
3.3.1 Install the straw rolls in the trench, insuring that no gaps ex~st between the soil and the
bottom of the straw roll. The ends of adjacent rolls shall be tightly abutted so that no opening exists
for water or sediment to pass through. Alternately, rolls may be lapped, 6" minimum to prevent
sediment passing through the field joint.
EROSION CONTROL AND SEDIMENT RETENTION STRAW ROLLS 02370-2
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3.3.2 Wooden stakes shall be used to fasten the rolls to the soil. When conditions warrant, a
straight metal bar can be used to drive a "pilot hole" through the roll and into the soil.
3.3.3 Wooden stakes (18" -24") shall be placed 6" from the straw roll end angled towards the
adjacent roll and spaced at 4 feet on center. Stakes shall be installed so that 1-2 inches of stake is
exposed above the roll.
3.3.4 Backfill the upslope length of the roll with the excavated soil and compact per
manufacturer's specifications.
3.3.5 Care shall be taken during installation so as to avoid damage occurring to the roll as a result
of the installation process. Should the straw roll be damaged during installation, a wooden stake
shall be placed either side of the damaged area terminating the log segment.
3.3.6 Any roll damaged during placement shall be replaced as directed by the Engineer,' at the
contractor's expense.
3.3.7 Straw rolls shall be left as installed to degrade over time.
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EROSION CONTROL AND SEDIMENT RETENTION STRAW ROLLS 02370-3
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SECTION 02627
LEACHATE COLLECTION SYSTEM
P ART ONE - GENERAL
1.1 DESCRIPTION
This item consists of elements necessary to construct leachate collection systemlcleanout
extensions. System components include collection pipe and c1eanouts with related appurtenances.
The work consists of providing all materials, tools, equipment and labor necessary to install the
leachate collection systemlcleanout extensions as shown on the Plans. Work items include:
1.1.1 Furnishing and installing 6" HOPE leachate collection pipe
1.1.2 Furnishing and installing steel cleanout extensions with lockable caps
PART TWO - MATERIALS
2.1 HOPE LEACHATE COLLECTION PIPING EXTENSIONS
Materials: The polyethylene piping material used shall have a cell classification of 345434C
or better, in accordance with ASTM D3350-84 Standard Specification for Polyethylene
Plastics Pipe and Fittings Materials, or most recent revision thereof.
It also shall conform to ASTM F714-89a Standard Specification for Polyethylene
(PE) Plastic Pipe (SDR-PR) Based on Outside Diameter, or most recent revision
thereof.
All piping and screen materials shall be listed by the Plastic Pipe Institute (PPI) with
a designation of PE 3408. All polyethylene pipe shall be supplied in Nominal
Diameter and Standard Diameter Ratio (SDR).
Piping shall be 6" SDR 17 solid wall pipe.
2.3 STEEL CLEANOUT EXTENSIONS
The protective steel c1eanout extension assembly shall consist of 10" diameter s'teel piping,
hinged locking cap (locking cap to consist of hinged plate steel cap equipped with plate hasp; hasp
will lock with hasp welded to pipe).
PART THREE - INSTALLATION
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3.1 LEACHATE COLLECTION PIPING/CLEANOUT EXTENSIONS
The leachate collection piping and steel protecti ve cleanout extensions shall be configured to
the existing c1eanout locations shown on the Plans. The HDPE piping shall be butt fusion welded to
the existing piping per manufacturer's specifications. The existing steel protective cleanout piping
LEACHATE COLLECTION SYSTEM 02627-1
. shall be exposed and cut to facilitate welding of new steel pipe cleanout material. The
piping/cleanout trenches shall be prepared such that the piping may be backfilled with native
material in accordance with Section 02221 of the Montana Public Works Specifications as Type A
Trench Backfill (no pipe bedding is required). The Contractor will allow no heavy equipment to
travel over the leachate collection system/clean out lines until the ET soil layer has been placed. Any
damage to the LCS piping system or liner shall be repaired by the Contractor.
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LEACHATE COLLECTION SYSTEM 02627-2
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SECTION 02925
SEEDING
PART ONE - GENERAL
1.1 DESCRIPTION
Work in this section consists of furnishing materials, supplies, labor, equipment and
performing all operations in connection with finish grading of topsoil, and preparation thereof for
seeding, fertilizing, hydro-mulching, erosion control, maintenance and protection of all planted areas.
All disturbed exterior areas within the construction limits, except surfaces occupied by buildings and
structures and paving, and areas indicated to be undisturbed shall be seeded. All seeded areas will be
drill seeded, if possible, according to the specifications.
,
1.2 QUALITY ASSURANCE
1.2.1 Qualifications of Workmen.
Provide at least one person who shall be present at all times during execution of this portion
of the work and who shaIl be thoroughly familiar with the type of materials being installed and the
best methods for their installation and who shall direct all work performed under this section.
1.3 PRODUCT HANDLING
1.3.1 Protection
1.3.1.1 Seed.
Seed shall be delivered in original sealed packages bearing the Producer's guaranteed analysis
of percentages of mixtures, purity, germination, weedseed content, and inert material. Seed
shall be labeled in conformance with the U.S. Department of Agricultural rules and
regulations and applicable State seed laws. Seed that has become wet, moldy, or damaged,
will not be acceptable.
1.3.1.2 Fertilizer.
Fertilizer shall be delivered to the site in the original, unopened containers bearing the
manufacturer's guaranteed chemical analysis, name, trade name, trademark, and conformance
with State and Federal laws. In lieu of containers, materials may be furnished in bulk and a
certificate indicating the above information shall accompany each delivery.
1.3.1.3 Storage. ~
Seed, hydromulch, hydromulch binder and fertilizer shall be kept in dry storage away form
contaminants.
SEEDING 02925-1
1.3.2 Samples and Certificates
1.3.2.1 Samples & Certificates.
Certificates attesting that the following material meet the requirements specified, shall be
submitted to the Engineer/Owner's Representative.
a. Seed
b. Fertilizer
1.3.2.2 Manufacturer's Literature.
Manufacturer's Literature on the following materials shall be submitted to the
Engineer/Owner's Representati ve.
a. Mulch
b. Hydromulch binder
1.3.3 Replacements.
In the event of rejection of the seed, immediately make all replacements necessary to the
approval of the Engineer/Owner's Representative and at no additional cost to the Owner.
1.3.4 Schedule.
1.3.4.1 Seasonal Limitations.
Install seed mixes during the specified time periods. If special conditions exist that may
warrant a variance in the specified plant dates or conditions, a written request shall be
submitted to the Engineer/Owner's Representative stating the special conditions and
proposed variance.
PART TWO - MATERIALS
2.1 SEED
2.1.1 General.
Contractor shall submit certification tags for approval. All grass seed shall be:
*
*
*
Free from noxious weed seeds and recleaned Grade A recent crop seed
Treated with appropriate fungicide
Delivered to the site in sealed containers with dealer's guaranteed analysis.
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SEEDING 02925-2
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NA TIVE GRASS SEED: MIX #1
Grass Species
* Brome Grass
% Mixture
* Orchard Grass
* Tall Fescue
* Timothy
* Annual Rye
20%
40%
25%
10%
5%
25 lbs/acre Total
2.1.3 Topsoil.
Topsoil shall be obtained from the on-site borrow area shown on the Plans.
2.2 FERTILIZER
2.2.1 General.
Fertilizer to be spread on areas to be seeded shall be commercially prepared and shall contain
the following percentages by weight:
16% nitrogen
16% phosphoric acid
16% Potash
.5% Zinc
Commercial fertilizer shall be complete, uniform in composition, dry and free flowing. The
fertilizer shall be delivered to the site in the original waterproof containers, each bearing the
manufacturer's statement of analysis.
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PART THREE-EXECUTION
3.1 SURFACE CONDITION
3.1.1 Inspection. ~
Prior to all work of this section, carefully inspect the installed work of all other trades and
verify that all such work is complete to the point where this installation may properly commence.
Verify that seeding may be completed in accordance with the original design and the referenced
standards.
SEEDING 02925-3
3.1.2 Discrepancies.
In the event of discrepancy, immediately notify the Engineer/Owner's Representative.
Do not proceed with installation in areas of discrepancy until all such discrepancies have
been fully resolved.
3.2 SUB GRADE PREPARATION
3.2.1 Subgrade Preparation.
Subgrade bed preparation shall pertain to the preparation of the surface of the ET layer to
receive the topsoil. The soil shall be hand or machine raked so as to remove all debris, clods, stones,
or other foreign matter larger than 1 inch, to a depth of 4 inches. Prior to dumping and spreading of
topsoil, the surface shall be scarified to a minimum depth of 2 inches to facilitate bonding of topsoil
to ET subgrade soil. Prior to spreading topsoil, all subgrades shall be graded evenly according to the
Contract Documents.
Such .debris, clods, rocks, and other material so removed shall be disposed of off the
immediate property. Seed bed preparation shall not commence until the moisture conditions make
the ground area and soil friable.
3.3 TOPSOIL PLACEMENT
3.3.1 Spreading.
Topsoil shall be spread evenly on the prepared areas to a minimum depth of 6 inches after
machine compaction. Spreading shall not be done when the ground or topsoil is frozen or
excessively wet. After spreading, any large, stiff clods or hard lumps shall be broken up and the
ground shall be hand or machine raked to remove all debris, stones, or foreign matter larger than I
inch to a depth of 6 inches.
3.3.2 Finish Grading.
Grade the areas to finish grades (as shown on the Plans) fjlling as needed or removing surplus
dirt and floating areas to a smooth uniform grade. Rake and level as necessary to obtain true even
surfaces. All finish grades shall meet the approval of Engineer/Owner's Representative before seed
IS sown.
3.3.3 Seed Bed Preparation.
After finishing grading or just before seeding, the areas to be seeded shall be loosened to
provide a rough, firm but finely pulverized seed bed. This should be accomplished by uniformly
dozer tracking perpendicular to side-slopes. The intent is a texture capable of retaining water, seed,
and fertilizer while remaining stable and allowing seed time to germinate. Seed shall be applied to
the conditioned seed bed not more than 48 hours after the seed bed has been prepared.
If ther~ has been a time lapse between the placement of topsoil and seeding operations to
allow it to become settled and compacted on the surface, the area to be planted with seed shall be
thoroughly han-owed, worked to a depth of 4 inches so as to provide a surface of such condition that
it will allow hand raking and application of the seed in compliance with these specifications.
3.3.4 Fertilizer/Soil Amendments.
SEEDING 02925-4
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Application of fertilizer will be in two stages. Prior to application of seed, fertilizer shall be
applied at the rate of 1.51bsllOOO S.F. for native grass areas. Fertilizer shall be applied by
broadcasting, hydro seeding or drill methods, it shall be applied separately from the seed and mixed
into the soil to a minimum depth of 2 inches and may be incorporated as part of the topsoil
placement and seed bed preparation operation.
3.3.5 Seeding.
Immediately prior to the application of the seed, the soil shall be loose to a depth of at least 1
inch and free from all material as specified. If soil is too loose or dry for good handling, it should be
moistened and rolled lightly.
Seeding shall be done within the specified time periods and a at the following rates:
Seed shall be sown at a rate of 25 lbs/acre for Native Grasses and shall be planted in the
spring from April 1st to May 15th or in the Fall from October 15th to November 15th.
3.3.6 Methods.
All seeding will be completed by drill seeding unless otherwise permitted by the Engineer.
Hydraulic seeding or mulching shall not be completed during adverse weather.
Areas sown will be visually inspected for uniformity of application. Areas which fail to
reveal an average of two seeds per square inch will be resown at no additional expense to the Owner.
The applied seed, regardless of application, shall be covered by a soil thickness no greater
than 1/2 inch.
3.3.6.1 Seeding by Drill:
Seeding by drill will be conducted unless otherwise approved by the Engineer. Seeding
equipment used for applying grass seed must be designed, modified, or equipped to regulate
the application rate and planting depth of grass seed. Seed must be uniformly distributed in
the drill hopper during the drilling operation. All grass establishment equipment shall be
operated perpendicular to the slope drainage. A drill shall be no wider than the width of the
area in which it is to operate. The rows of planted seeds shall be a maximum of 4 inches
apart and shall be at right angles to the finished slopes with a second pass at a skew to the
initial direction.
3.3.6.2 Broadcast seeding:
Broadcast seeding ;Will not be permitted unless otherwise approved by the Engineer. When
seed is sown by broadcasting, exercise great care that a uniform distribution of seed is
obtained. Seeding shall be done on a still day using a hopper type seeder with one half of the
seed for each area being sown at right angles to the other half. Seed distribution by
broadcasting shall be covered with 1/4 to 1/2 inch of soil. The seed may be covered by
raking, dragging, or by appropriate mechanical means.
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3.3.6.3 Hydraulic Seeding:
Unless otherwise approved by the Engineer all seed will be applied by drill seeding. When
hydraulic seed is used, seed and mulch shall be applied in separate and distant operations
except for the following:
SEEDING 02925-5
a. The Contractor must provide one pound of mulch per each three gallons of
water in the hydroseeder as a cushion against seed damage. The mulch used as a
cushion may be part of the total required mulch with the remainder applied after the
seed is applied metering during application.
b. The application of seed slurry shall be made with equipment having a built-in
agitation system and operating capacity sufficient to agitate, suspend and
homogeneously mix a slurry containing water, seed, and mulch of seed. The slurry
shall be sprayed over the soil in a uniform coat. All hydraulically seeded areas shall
be hydromulched upon completion.
3.3.6.4 Protection:
Protect all seeded areas by erecting temporary fences, barriers, signs, etc. as necessary to
prevent trampling. They shall remain in place for at least six weeks unless other
arrangements are made with the Engineer/Owner's Representative.
3.4 MAINTENANCE
3.4.1 General.
Maintain all Native grass seeded areas until a uniform plant coverage at a minimum density
of 5 healthy plants per square foot is achieved and is free of excessive weed growth. Maintain for 60
days after final inspection.
3.4.2 Work Included.
All areas shall be watered carefully as necessary so that they are not permitted to dry out or to
fonn puddles of water.
Repair any portion of the surface that becomes gullied or otherwise damaged following
seeding.
Prior to acceptance of the project, the Contractor shall remulch all areas from which the
original mulch may have been washed or blown. If the original seed bed and seeding is damaged due
to the displacement of mulching material, the seed bed shall be repaired and reseeded before
mulching at no additional cost to the Owner.
3.4.3 Replacements.
A.ny area that fails to produce an adequate stand of grass cover shall be reseeded by
Contractor at no additional expense to the Owner, provided that such failure is caused by
carelessness, neglect, or actual injury on the part of workmen of other individuals under the
contractor's directi on or control.
Replacements required because of vandalism or other causes beyond the control of the
Contractor are not ]:tart of the Contract.
3.4.4 Extension of Maintenance Period.
Continue the maintenance period at no additional cost to the Owner until all previously noted
deficiencies have been corrected at which time the final inspection shall be made. See 3.4.1 above,
this page.
SEEDING 02925-6
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APPENDIX A
E'ROSION CONTROL PLAN
NOTICE OF INTENT
STORM WATER PREVENTION
PLAN
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EROSION CONTROL PLAN
for
STORMW A TER DISCHARGES
ASSOCIA TED WITH CONSTRUCTION ACTIVITY
(Revised 3/15/99)
Note: this site-specific signed erosion control plan must be submitted to the department for
approval, along with the signed application and application fees, at least thirty (30) days prior
to beginning construction activitites (including clearing, grading, excavating).
A copy of this plan must be kept at the construction site.
Any plan which requires engineered structures, such as detention ponds or diversion structures, or
which would result in soil and vegetative disturbs of 20 acres or more, must be prepared under the
direction of and certified by a registered professional engineer. .
The erosion control plan shall include at least the following items:
A. PROJECT TRACKING SUMMARY
1. General Discharge Permit # MTR:
2. Project Name Citv of Bozeman Landfill, Phase I Closure Proiect
Project #
3. Project Address: 2143 StOry Mill Road
Bozeman, MT 59771
County Gallatin County
Township ~ Range 6E Section ~ 1/4 Section ~:
GIS Coordinates (if available)
4. Owner & Contractor Name & Address:
a.
Owner:
City of Bozeman
P.O. Box 1230
Bozeman, MT 5977]
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b. Contractor:
Part lLC.2.a. Site & Proiect Description
(1) Describe the overall nature of the construction & soil disturbance activities Construction
consists of a 4.7-acre covers system to overlie portions of the Phase I cell of the City of
Bozeman Landfill. which have reached their final waste elevations. Construction elements
include a 5.5-thick final cover system. comprising a 5-foot thick native soil layer and a 0.5-
foot thick native topsoil layer. Other work includes leachate cleanout extensions, seeding,
and erosion control.
Provide a timetable for major construction and earth disturbance activities.
(2)
Proiect will begin in August, 2006 and be completed in October, 2006.
Total area of the site (acres)
Acreage of associated development (e.g. Phased development project)
Area expected to undergo clearing, excavation, grading . 13'.6 acres
(If total land disturbance> 20 acres, a registered professional engineer shall develop ECP.)
201
acres
13.6 acres
(3) Develop Erosion Control Map(s) indicating, as a minimum: (check all features shown on
map):
(a) Overview map.
See Figure 1 project boundaries & limits of disturbances.
See Attached Site Map define state waters (e.g. ephemeral, intermittent, perennial
streams; ponds, lakes, wetlands, springs, 100 year flood-plain etc.)
(b) ECP BMP Detailed Map.
See Figure 1 define soil salvage and stockpile (soil & subsoil areas, define cut and
fill slopes greater than 5' in vertical height, drainage patterns (upslope, project area &
discharges), approximate slopes anticipated after major grading activities, location of
all erosion control facilities or structures, vegetative controls (e.g. buffer strips,
enhancement areas, outflows), major impervious structures (e.g. buildings, roads,
parking lots, etc.),
Are sand & gravel excavation and/or crushing operat\ons associated with project? NO
B. Controls
1. Temporary Stabilization Practices:
X temporary seeding ~ mulching ----X- straw rolls
erosion control blankets straw bale dikes C
_ temporary drain diversion _ temporary sediment basins
brush balTiers
Other practices: Existing surface water ditches and stormwater detention pond.
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2. Pelmanent Stabilization Practices: Provide the runoff coefficient if diversion structures
andJor detention structures will be used.
~ permanent seeding _ sod stabilization _ check dams
~ vegetati ve buffer strips ~ grassed waterways _ erosion control blankets
~ drainage swales _ earth dikes _ pipe slope drain _level spreader
~ subsurface drain _ sediment traps _ drain inlet protection
~ sediment basin/pond ~ rock outlet protection _ terraced slopes
~ retaining walls
Other practices: 25 year - 24 hour storm water detention pond already exists on site as
Industrial permit control.
3. Storm Water Management Controls:
wet pond(s) or man-made wetland(s)
X infiltration trench(es) or basin(s)
dry pond(s)
flow attenuation by use of vegetative waterways and natural depressions (most
highway projects)
Other practices:
4. Narrative Sequence of Major Activities and Time Frames for Each:
Installation of BMPs ~ August 2006
Stripping & Stockpiling of Topsoil - August 2006
Construction of New Facilities - August - October 2006
Application of Topsoil, Reseeding, and Fertilizing - October 2006
5. Waste Disposal (List disposal methods for construction waste materials, hazardous waste,
and sanitary wastes): All construction wastes will be hauled bv the Contractor to the licensed
landfill cell on-site. No hazardous wastes are expected to be generated. Sanitary wastes will
be handled with an on-site portable toilet which will be periodically pumped and the wastes
disposed of at an approved site.
6. Off site Vehicle Tracking: Vehicle tracking will be managed with periodic road grading and
dust suppression. The Contractor will clean UP any off-site vehicle tracking on a daily basis.
C. Maintenance / Inspection Procedures
List the Maintenance and inspection procedures to be conducted at the site and the personCwho will
conduct the inspections. During construction, Great West Engineering will have an engineer on the
project site. This person will insure the contractor is adhering to all provisions ofthis erosion control
plan. The BMPs will be inspected on a weekly basis and after all maior run-off events. If
deficiencies are noted, the Engineer will have the Contractor correct these problems.
Proiect Engineer, Robe11 Church, P.E., Great West Engineering
D.
Spill Prevention and Materials Storage Practices
1.
Materials Inventory - check those materials which will be present at the site during
construction:
Concrete
Pesticides
Solvents
Masonry Blocks
Petroleum Based Products
Detergents
Paints
Metal Studs
Tar
Roofing Shingles
x
X
X
Ferti lizers
Fuel
Lumber
X
List any other materials to be used or stored on-site: HDPE piping.
2.
The following product specific storage practices will be followed on-site:
Petroleum and Paint Products: Petroleum - to be stored in an approved, above ground, on-site
fuel tank.
Fertilizers and Pesticides: Fertilizers - to be stored in a sheltered. above ground location.
Hazardous Materials: Not present at site.
Concrete Truck Wastewater Disposal: Not Applicable.
3.
In addition to the good housekeeping and material management practices discussed in the
previous sections of this plan, the following practices will be followed for spill prevention
and clean-up: If a spill occurs. the soil will be excavated and disposed of at a suitable
disposal facility in accordance with state regulations.
Describe sand & gravel operations that will be in use related to the project. All native soils
required for embankment will be excavated.
Attach a site map of each sand and gravel operation and indicate the location of pits,
stockpiled material, BMPs (if any) to control runoff, surface waters, and areas where
chemicals or materials are stored.
To Be Completed by Contractor.
4.
5.
Describe the temporary asphalt batch plant operations related to this project if a highway
project.
Attach a site map for the asphalt batch plant operation and indicate the location of surface
waters. equipment for asphalt production, stockpiles, and chemical or material storage areas.
Not Applicable
6.
C
Attach a map of the site and indicate the location of erosion control practices to be used,
storage location of various materials stockpiles, cut and fill slopes, and state waters.
See attached Figures
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OWNER CERTIFICATION
I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gathered and evaluated the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the information,
the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I
am aware that there are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.
Owner
Date
CONTRACT CERTIFICATION
I certify under penalty of law that I understand the terms and conditions of the general Montana
Pollutant Discharge Elimination System (MPDES) permit that authorizes the storm water discharges
associated with construction activity from the construction site identified as part of this certification.
Further, by my signature, I understand that I am becoming a co-permittee, along with the owner(s)
and other contractors and subcontractors signing such certifications, to the general MPDES permit
for the storm water discharges associated with construction activity from the identified site. As a co-
permittee, I understand that I, and my company, are legally required under the Clean Water Act, to
ensure compliance with the terms and conditions of the storm water erosion control plan developed
under the MPDES permit and the terms of the MPDES permit.
Contractor
Date
Responsible For
,
Contractor
Date
~
Responsible For
Application Number
Date Received
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MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY
WATER PROTECTION BUREAU / STORM WATER PROGRAM
PO Box 200901/ Helena, MT /59620-0901
STORM WATER POLLUTION PREVENTION PLAN (SWPPP) FORM
GENERAL PERMIT FOR STORM WATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITY
IMPORTANT (READ THIS BEFORE COMPLETING FORM): Before completing this form all parties need
to read the General Permit, particularly Part IV on SWPPPs. This SWPPP Form is intended to assist operators in
developing a SWPPP which complies with Part IV. of the General Permit. The SWPPP is a document which is developed
to direct and assist operators in identifying sources of potential pollutants at the construction activity site, and Best
Management Practices (BMPs) to be used to help ensure such pollutants do not impact receiving surface waters through
storm water runoff. It is the operator's responsibility to ensure all required items in the General Permit are adequately
addressed, and that the SWPPP is developed, implemented, and maintained. Additional narrative information may need
to supplement this SWPPP Form in order to meet these requirements. A copy of the SWPPP must be maintained at the
construction activity site as required in Part IILC. of the General Permit. Items I through III on this SWPPP Form must
state information exactly the .same as that indicated on the NOI Form. Attach additional pages as necessary with the item
number on this form indicated. For coverage under the General Permit to be valid upon the submittal of a NOI Package,
this package must include a complete NO! Form, SWPPP, and fee. Do not submit these items separately. Mail the NO!
Package to the DEQ address above. The 2002-2006 General Permit, 2002 Fee Schedule, and related forms are available
from the Storm Water Program at (406) 444-3080 or http://www.deq.state.mt.us/wqinfo/MPDES/StonnwaterConstmction.asp.
NOI NUMBER (DEQ will assign when this form (NOI Package) is submitted): MTRIO_
I. OPERA TOR INFORMA nON
List each party participating in the construction activity-from initiation of construction through final stabilization-
that will be an operator as defined in Part V.T.8. of the General Permit. (Examples: primary contractor, project
owner, site/land owners, consultants, or other contractors, such as the "final stabilization" contractor). For each
operator, briefly describe responsibilities (what, when, where) for ensuring compliance with General Permit
requirements.
OPERATOR #1
Name: Contractor to be determined by competitive bidding process
Phone:
Mailing Address:
Contact Person:
State:
Zip Code:
Phone (if different from above):
Operator #1 Responsibilities:
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OR-30-02SWPPPForm II.doc
OPERATOR #2
Name: Cityof Bozeman
Mailing Address: P.O. Box 1230 Bozeman
Contact Person: Steve Johnson
Operator #1 Responsibilities:
Phone: (406) 582-2320
State: MT Zip Code: 59771
Phone (if different from above):
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OPERA TOR #3
Name:
,
Mailing Address:
Contact Person:
Operator #1 Responsibilities:
Phone:
State: Zip Code:
Phone (if different from above):
II. INDICATE WmCR OPERATOR Is RESPONSIBLE FOR:
A) Achieving "final stabilization" of the site: Operator #2
B) Submitting the "Notice of Tennination" (Specify one operator only)::Operator #2
III. CONSTRUCTION ACTIVITY INFORMATION (see General Permit for clarification)
A) Construction Activity Name: City of Bozeman Landfill Phase I Closure Project
B) Construction Activity Address (or location ifno address):
2143 Story Mill Road, Bozeman, MT
C) Construction Activity County: Gallatin County
D) MDT Project Number/Designation (if applicable):
E) Construction Activity Latitude and Longitude (Refer to Part LC .2.d. of General Pennit):
L~. 45dewees43' 1" Long. -111 degrees 1'43"
F) Estimated Construction Activity Start Date: August 2006
G) Estimated Construction Activity Completion Date: October 2006
H) Estimated Final Stabilization Completion Date: October 2007
2
08-30-02SWPPPFormll.doc
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IV. GENERAL SWPPP REQUIREMENTS
A) If the construction activity includes 20 acres or more in total disturbance related to construction activity, indicate
the name, affiliation, and Montana License Number for the registered professional engineer which reviewed and
stamped the SWPPP.
Name: Robert E. Church
Affiliation: Great West Engineea MT License No.: 9707 PE
B) Brief Description of Purpose and Nature of Construction Activity:
Construction consists of a 4.7-acre cover system to overlie portions of the Phase I cell of the City of Bozeman Landfill, which have
reached their final waste elevations. Construction elements include a 5.5-thick final cover system, comprising a 5-foot thick native
soil layer and a 0.5-foot thick native topsoil layer. Other work includes leachate c1eanout extensions, seeding, and erosion
control.
,
C) Proposed Implementation Schedule for Major Activities (indicate which operators are responsible for each
activity):
Stripping and Stockpiling of Topsoil. August 2006
Construction of final cover system - September-October 2006
Seeding and Fertilizing - October 2006
D) Estimate of T~tal Area ofthe Site (and all other sites if a phased development project):
13.6 Acres
E) Estimate of Total Area ofthe Site Expected to Undergo Disturbance Related to Construction Activity:
13.6 Acres
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F) Check to confinn a site map has been developed and included with this SWPPP which indicates all required
information stated in Part IV.G.I.c. of the General Permit:
YES .;
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08-30-02SWPPPFormll.doc
G) Are sand & gravel excavation, other bon-ow areas, and/or crushing operations associated with project?
Yes No.(
Are temporary asphalt batch plant operations associated with this project?
Yes No.(
If yes, be sure to include the requested infonnation about these areas on the site map, or a similar separate map, as
stated in Part IY.G.1.c. of the General Permit.
H) Describe the character and erodibility of sediment and other earth material to be disturbed at the project site,
including cut/fill material to be used:
Existing soil consists of a Blackdog-Brodyk Silk Loam with an erosion factor of .32 . .37, a Blackdog-Quagle Silt Loam with an
erosion factor of .32 - .37, a Meagher-Shawmut-Bowery Complex with an erosion factor of .05 - .37, and a Threeriv-Bonebasin
Loam with an erosion factor of .05 - .32. These soils will be used for the final cover system.
I) Estimate of Runoff Coefficient and Increase In Impervious Area (refer to Part IY.G.1.e. of the General Permit -
only applies if total construction-related disturbance is 5 acres or more):
Runoff coefficient is .3 based on steep terrain with silt loam.
J) Indicate Names of Receiving Waters and Describe the Size, Type, and Location of each Point Source Discharge or
Outfall (refer to Part IV.G.1.f. of General Permit):
Receiving water flows into an intermittent stream to the north of Churn Creek. The site exhibits no particular discharge point and
flow patterns drain in the northwest direction into the intermittent stream.
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K) Describe Storm Water Discharges From Support Activities (refer to Part IV.G .l.g. of General Permit):
The project consist of only 1 support activity which is the storage of topsoil. This are will be surrounded by straw wattles.
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V. SWPPP BEST MANAGEMENT PRACTICES (BMPs) AND STORM WATER MANAGEMENT CONTROLS I
A} Describe Applicable Local Erosion and Sediment Control Requirements:
There are no known requirements.
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B) Describe in detail, temporary BMPs and storm water management controls which will be used for erosion and/or
sediment control during construction-related earthwork activities. Indicate the location of these measures on the site
map required above, or a similar separate map, as much as practicable. Include a schedule for implementation for
each of these measures. Attached details and specifications may be used to supplement this description. Refer to
Parts IV.G.2.a.,b.,c. of the General Permit. Examples oftemporary measures could include but are not limited to:
slope roughening; vegetative buffer strips; silt fences; straw bale dikes; erosion control blankets/mats; temporary
drain diversions; minimizing clearing; temporary sediriJent basins/traps; mulching; temporary seeding; brush
barriers; up-slope runoff diversions/controls; inlet/outlet protection; disturbance area runoff diversions/controls;
waterway protection; and, ditch runoff flow dispersers (e.g. level spreaders)/flow inhibitors.
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Temporary BMP's and storm water management controls include straw wattles around the construction boundary and minimizing
clearing to maintain an area of vegetative growth between the construction site and the straw wattles. Existing ditches will also
be preserved when possible to handle and direct overland flow.
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C) Describe in detail, pemlanent and structural BMPs and storm water management controls which will be used for
erosion and/or sediment control during and after construction-related earthwork activities. These would include
measures to achieve final stabilization (as defined in Part V.T.6. of the General Permit). Indicate the location of
these measures on the site map required above, or a similar separate map, as much as practicable. Attached details
and specifications may be used to supplement this description. Refer to Parts IV.G.2.a.,b. of the General Permit.
Examples of pennanent measures could include but are not limited to: pennanent seeding; check dams; retaining
walls; drain inlet protection; rock outlet protection; drainage swales; sediment basin & traps; earth dikes; manmade
erosion control structures; grassed waterways; sod stabilization; infiltration trenches or basins; subsurface drains;
level spreader; terraced slopes; tree or shrub planting; pipe slope drains; vegetative buffer strips; detention ponds;
and, containment ponds.
Permanent structural BMP's and storm water management controls include permanent seeding and fertilization to all areas
disturbed during construction. Existing ditches are to be used to direct overland flow away from landfill area. All stormwater from
the area at the closure work will be directed to the site's existing stormwater detention pond.
The landfill operation is covered under a General Discharge Permit for Industrial Activity.
D) Describe what products or wastes may be stored or utilized at the construction activity site, indicate on the site
map as required above, and indicate what BMPs will be used to minimize potential pollutants from these materials
coming into contact with storm water nmoff. Examples of products or wastes could include but is not limited to:
fuels; concrete; masonry blocks; solvents; detergents; steel; roofing shingles; fertilizers; paints; tar; pesticides;
lumber; other petroleum~based materials; other hazardous materials (including wastes); solid waste; and, concrete
truck wastewater disposal.
None.
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08-30-02SWPPPFormll.doc
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E) Describe any measures that will be used to prevent vehicle tracking of sediment from the construction site onto I
roads (examples include a graveled access entrance and exit drives and parking areas, and a tire wash pad at exit
drive):
Gravel access road and access entrance. I
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F) When trucking saturated soils from the site, either tight leak-proof trucks must be used or loads must be required
to drain until drippage has been reduced to less than I gallon per hour before leaving the site.
Will saturated soils be trucked from the site? Yes No.f
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G) Describe man-made and natural measures to control pollutants in storm water discharges after construction
operations have been completed. Refer to Part IV.K. of the General Permit. Examples include: vegetative
waterways and natural landscape; infiltration trenches or basins; 'storm water detention structures; wet ponds or man-
made wetlands; and, storm water containment structures.
Man-made and natural measures to control pollutants in storm water discharges after construction include existing vegetative
waterways, natural landscape, and storm water detention structures.
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08-30-02SWPPPFonnll.dO<.:
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H) BMPs must minimize or prevent "significant sediment" (as defined in Part V.T.13. of this General
Permit) from leaving the construction site. If "significant sediment" results from the failure of erosion or
sediment control measures, the operator(s) shall evaluate the effectiveness of such measures or other BMPs
and incorporate improvements to minimize the potential for "significant sediment". Additionally, if
"significant sediment" results from the failure of erosion or sediment control measures, the material must
be cleaned up and placed back on the site or disposed of in an acceptable manner. The material must not
be washed into the storm sewer(s), drainageway(s), or receiving surface waters. There may be obligations
for the operator(s) to obtain other permits or permissions to clean up the "significant sediment."
VI. CERTIFICATION
"I certify under penalty oflaw that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fine or imprisonment for knowing violations." ,
Print Name of Operator #1 or Authorized Representative
Title
Signature of Operator # 1 (Name must match that above)
Date
Print Name of Operator #2 or Authorized Representative
Title
Signature of Operator #2 (Name must match that above)
Date
Print Name of Operator #3 or Authorized Representative
Title
Signature of Operator #3 (Name must match that above)
Date
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08-30-02SWPPPFormll.doc
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NOI NUMBER (Ol!:Q Will Assign):
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MONTANA DEPARTMENT OF ENrIRONMENTAL QUALlTY
JVATER PROTECTION BUREAU / STORM WATER PROGRAM
PO Box 200901 / Helena. MT /59620-0901
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NOTICE OF INTENT (NOI) FORM
GENERAL PERMIT FOR STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY
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IMPORTANT: Before completing this form, all parties need to read the General Permit. For coverage to be valid upon receipt by the
Department, all required items on the form must be completed properly. Responses must be self-explanatory and must not refer
exclusively to attached maps, plans, or documents. The Storm Water Pollution Prevention Plan (SWPPP) and appropriate fees must
accompany the NOI Form. Do not submit these items separately. Mail this NOI Form to the OEQ address above. The 2002-2006 General
Permit, 2002 Fee Schedule, and related forms are available from the Storm Water Program at (406) 444-3080 or the DEQ website:
http://www.deq.mt.gov /wqinfo/M PO ES/StonnwaterConstruction.asp
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I. OPERATOR INFORMATION
List each party participating in the construction project, from the initiation of construction through "final stabilization", that will be an I
operator as defined in Part V.T.8. of the General Permit. Examples of operators jnclude the primary contractor, project owner, site/land
owners, consultants, or other contractors, such as the "final stabilization" contractor. For each operator, briefly describe what their
responsibilities are for ensuring compliance with General Permit and SWPPP requirements.
OPERATOR #1
Phone:
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Name: [f.9.':ltractor to.E.~5~51t~Trrli':l~d byc()rrlpetitiv~.~i~~.~~=.=..m
Mailing Address:
City:
State:....Zip Code:
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Contact Person:
_ Phone (if different from above):
Operator Type: Owner
Contractor ./
Consultant
Other (explain)
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Ope~a!?r~l Responsibilities:
Install erosion and sediment control measures
Topsoil and seed reclamation areas
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OPERA TOR #2
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Name: :.gity.()f Bozeman
Mailing Address: P.O. Box 1230
Phone: (406) 582-2320
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City: Bozeman
State:MT
Zip Code: 59771
Contact Person: Steve Johnson
Operator Type: Owner {. Contractor
Phone (if different from above):
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Consultant Other (explain)
Operator #2 Responsibilities:
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Operate existing stormwater detention pond in accordance with SWPPP and Industrial Discharge Permit
Maintain site
File Notice of Termination
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03-10-05NOIForm2.doc
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NOI NUMBER (DEQ Will Assign):
OPERA TOR #3
Name:
Phone:
Mailing Address:
City:
State:
Zip Code:
Contact Person:
Phone (if different from above):
Operator Type: Owner
Contractor
Consultant
Other (explain)
Operator #3 Responsibilities:
ILINDICATE WHICH OPERATOR IS RESPONSIBLE FOR:
A) Achieving "Final Stabilization" of the site (defined in ARM 17.30.1102(5) or Part V.T.6. of the General Permit): Opf'!Ta.t()r~?m
B) Submitting the "Notice of Termination" (Specify one operator only): 'Operator #2
C) Payment of any subsequent annual fees (Specify one operator only): ()2!Ta.l()r #2m~m~"'...'m'm'
III. CONSTRUCTION PROJECT .(A<;:!I~!!Yl!~~<?RMATION - See General Permit for clarification
A) Construction Project Site Name: City of Bozeman Landfill Phase I Closure Project
B) Construction E~()lec,t~ite Address (or location if no address )..:.,w~~...._.mm.m.~'._...
2143 Story Mill Road, Bozeman, MT
C) Construction Project Site Cg~~ty:..
Gallatin County
D) MDT Constructi()l~~~~()j~~~.,~.~lYIe & Number (if applic~ble):
E) Is this NOI pertaining to support activities for an MDT Construction Project: YES'
NO
If YES, provide the NO! Number forthe MDT Construction Project:
F) Construction Project Latitude and Longitude (See Part l.C.2.d. of General Permit: could use GPS, the USGS topographic map, or
"Top()?Mer" from http://nris.mt.~().v/interactive.html):
Lat. 45 degrees 43' 1" Long. -111 degrees l' 43"
G) Name(s) of Receiving Surface Water(s). Include those potentially receiving stonn water runoff that are indicated as perennial or
have a name as shown on a USGS Topographic Map.(~~~Part r.e2.e. of General Permit).
Unnamed intermittent stream located north of Churn Creek and Churn Creek
63-] ()~()5N6tFori112.do(;
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NOI NUMBER (DEQ Will Assign):
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H) Number of named or perennial receiving surface waters indicated in item G (if the total is greater than 5, just indicate 5): 1
n Have you provided the required USGS topographic map showing the constmction project site location and receiving surface waters
(See Part l.C.2.g. of the General Pennit - Intemet programs may be of use such as "Topofinder"): YES./ NO
J) Type ofConstmction Project Fee (see Part l.C.2.j. of General Pennit), check one only: Commercial or Public ./.. ; or
Residential (single family dwelling)
K) Calculate Fees to be attached to the NOl based on the type of Construction Project Fee in Item J:
For Commercial or Public Construction Project, to obtain application (NOl) fee and first calendar-year annual fee, multiply:
Number of Receiving Surface Waters in item HL:~1JX $450 X 2 = $~9cl.QQw~.. Indicate Check Number:
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; or
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For Residential (single family dwelling) Constmction Project, to obtain application (NOn fee (there is no aIiliual fee), multiply:
Number of Receiving Surface Waters in item HL.~.._~_X $250 =$O.QQ _ _ _...~__.lndicate Check Number:
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L) Brief Description of Purpose and Nature of Construction Project:
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__m__ __m__.~~.._~.~..~._.._~._~_..~~..~_._~_~_..__....... I
M) Estimated Construction Project Start Date:~!:!gufit?Q013~_.__..._.....
N) Estimated Construction Project Completion Date: OctCltJElr?()()13m
0) Estimated "Final Stabilization" Completion Date (defined in ARM 17.30.1102(5) or Part V.T.6. ofthe General Permit): Oct. 2006
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P) Estimate of Total Acreage of Constmction-related Disturbance: 13.6 Acres
Q) Has a SWPPP been developed according to Part IV of the General Pennit and submitted with this NOI? YES,( NO
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IV, CERTIFICATION (Refer to Part V.G. of the General Permit to determine who qualifies to sign this NOI Form) I
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and evaluate the infonnation submitted. Based on my inquiry
of the person or persons who manage the system, or those persons directly responsible for gathering the infonl1ation, the infonnation I
submitted is, to the best of my knowledge and belief, tme, accurate, and complete. I am aware that there are significant penalties for
submitting false infonnation, including the possibility of fine or imprisonment for knowing violations."
Title
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Print Name of Operator #1 or Authorized Representative
Signature of Operator # 1 (Name must match that above)
Date
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Print Name of Ore rat or #2 or AuthorlzedRepresentative
--
Signature of Operator #2 (Name must match that above)
--_.__._~.__._-----~-~-----~ I
Date
~
Print Name of Operator #3 or Authorized Representative
Title
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Signature of Operator #3 (Name must match that above)
03-10-05NOIForm2.doc
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Date
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NOI NUMBER (DEQ Will Assign):
COMPLETION CHECKLIST FOR OPTIONAL USE ~ THIS PAGE DOES NOT
HAVE TO BE SUBMITTED WITH THE NOI PACKAGE - READ CARE FULL Y
Please make certain that all required information is included in your submittal.
1) Did you complete and include an NOI form?
2) Did you provide a topographic map with your NOI form?
3) Did you include all necessary fees (both application and annual fees for a commercial or public construction
project)?
4) Did you complete and include a SWPPP (utilizing the DEQ form or equivalent)?
5) Did you attach appropriate SWPPP site map(s) to your SWPPP?
6) Did you print your names and titles, sign, and date the NOI and SWPPP (one original copy of both documents
complete with original signatures are required - there mustbe no faxed or photocopied signatures)?
7) Did you keep a copy of all the documents for each Operator, including one copy that must bc kcpt at thc site?
8) Have you read the General Permit to ensure that the documents you are submitting are accurate and adequate?
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03-10-05NOIForm2.doc
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CITY OF BOZEMAN LANDFILL
PHASE I CLOSURE PROJECT
EROSION CONTROL PLAN
FIGURE 1
engineering
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APPENDIX B
GEOTECHNICAL EVALUATION
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Maxim Technologies
303 Irene Street, p.O. Box 4699
Helena, MT 59604
Telephone: (406) 443-52HI
FAX; (406) 449-3729
TECHNOLOGIES INC
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REPORT OF
SIEVE ANALYSIS
CLIENT: GREAT WEST ENGINEERING
P.O. BOX 4817
HELENA, MT 59604-4817
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PROJECT NO.; 9873749
REPORT NO.: 15105
DATE OF SERVICE: 5/25/2005
AtmlORIZATION: BRUCE SIEGMUND
REPORT DATE: 6/02/2005
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PROJECT: BOZEMAN LANDFILL
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SERVICES: Perform sieve analysis of soil delivered to our laboratory in accordance
with ASTM D1140_
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REPORT OF TESTS
Bozeman Landfill
BZTP-1
Lab No. 15105-1
BZTP-S
Lab No. 15105-2
BZTP-8 (7')
Lab No. 15105-3
SIEVE ANALYSIS
Sieve Size
PERCENT PASSING
.No .4
No_lO
No.20
No .40
No.80
No.200
100
100
100
99
98
97
100
100
99
98
97
95
100
100
100
100
98
96
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Report Of Tests Continued On Page 2
Our ICHl!rs. OInd rep(}rts are for the ex.elusive use of th~ c!i~m 10 whom th~v ate ~ddre.ssed 3nd, shall nor bt: reproduced t';'!xcepr in
full WlthOilt the 3.pprovaJ ('" the: H:=.sI1r'\~ IaborauJry. The USe: ot out' name. mu~t re.c.eIVe, our wrme.fl ~ppfov.aL OUt letters aI1d re[}(')f1$
.artIly {JIlly fO [be :iamrle (!.:;:>ted 'c\hdlOr ln~pe(,::::d. and arc oorlnuiOIlve uf ,he q\lantil.H:~s ot al)p<:lJ'~ntly lde.ntic:alar SImilar proauc!!.,
MAXIM
GREAT WEST ENGINEERING
PROJECT NO. 9873749
DATE OF SERVICE: 5/25/2005
Bozeman Landfill
SIEVE ANALYSIS
Sieve Size
NO.4
No.lO
No.20
NO.40
NO.80
No . 200
SIEVE ANALYSIS
Sieve Size
NO.4
No.lO
NO.20
NO.40
NO.80
No.:3 0 0
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Technician: Dustin Falk
Engineering Technician
Report Distribution:
(1) GREAT WEsr ENGINEEIUNG
REPORT OF TESTS (Continued)
BZTP~10 (3 ')
Lab No. 15105-4
100
100
100
100
99
98
BZTP-15(4.5')
Lab No.. 15105-7
BZTP-11(9')
Lab No. 15105~5
PERCENT PASSING
100
100
100
99
97
93
BZTP-15 (9')
Lab No. 15105-8
PERCENT PASSING
100
99
99
98
97
95
100
99
96
94
92
89
REPORT NO.
PAGE ::
15105
OF 2
BZTP- ~3 (3 , )
Lab No. 15105-6
100
99
99
98
98
95
MAXIM TECHNOLOGIES INC.
/ ~,.) 1':7 -'7 /1"
~'~~,
~~~D JOHNSON, CET
~EORATORY MANAGER
t09~ E}
Our letum. and reports arc for the ~ltclI,lSh/(: use. of the cli~nt to wnom U'j~y arc addr~s~ed and. .shnll nor bt=: reproduced exc~pl in
full wIthoUl ~nt~ approval 01 the ~~tJng ,labOrntorv The u~c of our nilme muSt r~ce.lve Our wntten approval. Our Icuers and tl::ports
arplv only IO th~ :.<lmpk testr:.G and/or lnspe::l'ed. and are nOI il1dical.lve af [hI:. qlJt:l:ntiti~5. of app:uenlly identical or ~Imiiar proaucL~,
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Depth
in
feet
[lj
a:l
0-
N
gj
f..-
Ei:
I-
Ul
~
;;j
o
a:l
~
o
a
IT
9>
8
,~
"
'"
'"
o
o
Project Number
Date
Operator
Equipment
Geologist
()
5:
c..
<(
a::
o
DESCRIPTION
'f 'f 'f
<c <c topsoil; dk brown organic clayey silt
,~
2
3
4~
5
6-
7-
8-
9-
10-
11 -
12-
13-
14~
15~1
-f..-- _
- -f..--
-f..-- -
If..--
B horizon; yellowish tan clayey silt, damp
: 00069~bzLF
: 4/12/05
: City of Bozeman
: backhoe
: B. Siegmund
C horizon; light grey to white clayey silt; very dry, ample
carbonates
subsoil; yellowish tan clayey silt
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Surf.
Elev.
4B60.95
4860
,
4859
4858
4857
4856
- 4855
- 4854
- 4853
- 4852
- 4851
- 4850
- 4849
- 4848
- 4847
- 4846
LOG OF BORING BZTP~1
(Page 1 of 1)
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Project Number : 00069-bzLF
Date : 4/12/05
Operator : City of Bozeman
Equipment : backhoe
Geologist : B. Siegmund
LOG OF BORING BZTP-2
(Page 1 of 1)
D Surf.
Depth :r:
in 0;. DESCRIPTION Elev.
<(
feet c: 4857.07
C!)
0 'I T l' 4857
~ topsoil; dk brown organic clayey silt
- .
1- B horizon; yellowish tan clayey silt, damp 4856
2 - -- 4855
-,- C horizon; light grey to white clayey silt; very dry, ample
- .1- carbonates
-
- --
3 - '~" -- 4854
light yellowish tan sandy slit; possibly limonitic.
4- 4853
.
5- 4852
6 - 4851
7- - 4850
8- - 4849
9- - 4848
,
u:
0 10- - 4847
'"
~
~ -
en 11- - 4846
I::
"-
t;;
ill C
I-
5, 12- - 4645
N
0
co
d-,
<<>
8 13-
a - 4844
0:
.~
14- - 4843
~
'"
~
N
.;,
'" 15-
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Project Number : 00069-bzLF
Date : 4/12/05
Operator : City of Bozeman
Equipment : backhoe
Geologist : 8. Siegmund
LOG OF BORING BZTP-3
(Page 1 of 1)
u
Depth :c Surf.
in .- a.. DESCRIPTION Elsv.
<(
feet a: 4841.69
C!l
0 '1 '( '1
- ,"' topsoil; dk brown organic clayey silt
4841
1- B horizon; yellowish tan clayey silt, damp
- 4840
2 I--
-- - - C horizon; light grey to white clayey silt; very dry, ample
- -- carbonates
- - 4839
3~
-
4838
4-
-
4837
5- subsoil; yellowish tan clayey silt; possibly somewhat
sandier with depth
4836
6-
4835
7
-4834
8-
- 4833
9-
[
- 4832
0:
0 10-
m
<7
~ - 4831
<il 11-
f--
0::
f--
</, ~
w - 4830
~
...J 12-
N
0
m
d,
<D ~ 4829
<;)
~ 13-
(3
'"
~ ~ 4828
..., 14-
g
:;; - 4827
'"
J,
0 15~
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Project Number : 00069-bzLF
Date ; 4/12/05
Operator : City of Bozeman
Equipment : backhoe
Geologist : B,_ Siegmund
LOG OF BORING BZTP-4
(Page10f1)
() Surf.
Depth I
in c... DESCRIPTION Elev.
<:(
feet a: 4834.05
c:J
0 - 'f 'f 1"' 4834
1" 'I 1" topsoil; dk brown organic clayey silt j
1- B horizon; yellowish tan clayey silt, damp 4833
2 - -- C horizon; light grey to white clayey silt; very dry, ample 4832
~.,~ ~ -,--
- -- carbonates
~R' _ -
3- 4831
.
4- 4830
5- subsoil; yellowish tan clayey silt 4829
6- 4828
7- 4827
I II
8- ~ 4826
9- - 4825
,
a: 10-
0 ~ 4824
co
'<i
c..
~
Ui 11- - 4823
l-
n:
I-
IJl C
LJ.I
tr 12- - 4822
g ,
'"
fiJ
0
0
0 13- - 4821
C3
a:
~
14- - 4820
8
'"
.;.
~ I
'" 15-
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Project Number : 00069-bzLF
Date : 4/) 2/05
Operator : City 01 Bozeman
Equipment : backhoe
Geologist . : B. Siegmund
LOG OF BORING BZTP-5
(Page 1 of 1)
-Depth (.)
I Surf.
in CL DESCRIPTION Elev.
<(
feet IT: 4831.99
G
0 'f 'f 'f
- ~ topsoil; dk brown organic clayey silt I
1- Bhorizon; yellowish tan clayey silt, damp 4831
2 I 4830
- C horizon; light grey to white clayey silt; very dry, ample
~~ - carbonates
-~ -
3- 4829
-
4- 4828
5- subsoil; yellowish tan clayey silt 4827
-
6- 4826
7 4825
8- - 4824
9- - 4823
,
-
10- - 4822
11- - 4821
C
12~ - 4820
!
13- - 4819
-
14- ~ 4818 ~
-
15- - 4817
a:
g
'"
"-
N
~
f-
a:
tJ
~
(j
a;
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'"
'"
'"
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"-
I
I
I
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I
I
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I
I
I
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<\0
'"
'"
I
I
Project Number : 00069-bzLF
Date : 4/12}05
Operator : City of Bozeman
Equipment : backhoe
Geologist : B. Siegmund
LOG OF BORING BZTP-6
(Page 1 of 1)
() Surt
Depth I
in c.. DESCRIPTION Elev.
<(
leet 0: 4843.63
0
0 1" 'f 1"
- topsoil; dk brown organic clayey silt
4843
1- B horizon; yellowish tan clayey silt, damp
4842
2 h- h- C horizon; mottled light grey to white clayey s1ft; verydry,
- - ,~ amole carbonates
4841
3-
4840
4-
4839
5- subsoil; yellowish tan clayey silt
4838
6-
4837
7-
II 4836
8
~ 4835
9~
,
- 4834
"' 10-
0
<Il
.;
ci.
~ - 4833
Ui 11-
....
n:
....
U) ~ ." 4832
UJ
f:;:
LL 12-
...J
N
0
<Il
'" - 4831
3
8 13-
~:;
0
"'
~ - 4830
'" 14-
~ I
.... - 4829
,~
<f>
0 15-
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
a:
0
I w
'"
c..
I;;;
w
fh
c-
o::
I c-
<n
UJ
Ii:'
...J
C5
W
d,
I <0
0
0
~
a:
~
I '"
2':
'"
.;.
<<
do
'"
I
Depth
in
feet
CJ
I
c..
<t
a:
C9
o
Project Number
Date
Operator
Equipment
Geologist
DESCRIPTION
'f 'f '(
'( 'f '( topsoil; dk brown organic clayey silt
1~
2
: 00069"bzLF
: 4/12/05
: City of Bozeman
: backhoe
: B. Siegmund
B horizon; yellowish tan clayey silt, damp; mottled with gray
- - -. C horizon; mottled light grey to white clayey silt; very ary,
I-----. --=.:--=.. ample carbonates
3
4-
5-
6~
7-
8-
9
10-
11 -
12-
13-
14~
15,
subsoil; yellowish tan clayey silt
LOG OF BORING BZTP-7
(Page 1 of 1)
Surf.
Elav.
4859.65
,
4859
4858
4857
4856
4855
4854
4853
4852
4851
,
- 4850
- 4849
- 4848 ~
- 4847
- 4846
- 4845
I
I
Project Number : 0OO69-bzLF
Date : 4/12/05
Operator : City of Bozeman
Equipment : backhoe
Geologist : B. Siegmund
LOG OF BORING BZTP-8
(Page 1 of 1)
U Surf.
Depth I
in c.. DESCRIPTION Elell.
<1':
feet rr: 4866.42
(!l
0 'f 'f "1"
~ topsoil; dk brown organic clayey silt 4866
,
1~ B horizon; yellowish tan clayey silt, damp;
4865
2 ~
C horizon; mottled light grey to white clayey silt; very dry,
~1-- ~ ample carbonates 4864
,.....,~- ,. ,_.~
-- ~
3 - -
--
- - --
~- ~ 4863
-"~ ~
,~~........-..- ~
4 -
4862
5- subsoil; yellowish tan clayey silt
-
4861
6-
4860
7-
4859
8
- 4858
9-
[ - 4857
a: 10-
0
OJ
<ri - 4856
"-
~
<fl 11-
f-
li:
f- - 4855
<fl C
w
tc
...J 12-
C'l
OJ - 4854
6
g
0 13-
""
b
n: - 4853
"-
::=
of' 14-
g - 4852
')'
.,.
N
,;,
'"' 15-
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Project Number : 0OO69-bzLF
Date : 4/12105
Operator : City of Bozeman
Equipment : backhoe
Geologist : B. Siegmund
LOG OF BORING BZTP-9
(Page 1 of 1)
Depth D Surf.
I
in u. DESCRIPTION Elev.
<(
feet a:: 4872.19
Cl
0 '; ';
~ 4872
~ ~ topsoil; dk brown organic clayey silt
1 ~ B horizon; yellowish tan clayey silt, damp; 4871
--
2 - -
- C horizon; mottled light grey to white clayey silt; very dry, 4870
,-
+- ample carbonates; some clay coatings high in horizon
::.tc- -~
3 - - -
- 4869
-~
4- 4868
5- subsoil; yellowish tan clayey silt
4867
6-
- 4866
7 - 4865
8-
- 4864
9- ,
- 4863
g 10-
m - 4862
oi
"-
~
Ui 11 -
>-
1i - 4861
I-
(/J ~ -
w
b:
...J 12-
C5 - 4860
m
'" ..
'"
'0'
8 13-
(3 - 4859
c: 1
~
'" 141 - 4858
8
'"
.,;.
'"
J, 15--1
'0'
~
I
Project Number : QOO69-bzLF
Date : 4/12/05
Operator : City of Bozeman
Equipment : backhoe
Geologist : B. Siegmund
LOG OF BORING BZTP-10
(Page 1 of 1 )
Depth () Surf.
r
in n.. DESCRIPTION Elev.
<(
feet a: 4867.33
C!l
0 'f l' 'f
'f topsoil; dk brown organic clayey silt 4867
'f '1 ,
1- B horizon; yellowish tan clayey silt, damp;
4866
2 ~ -~
~ ". C horizon; mottled light grey to white clayey slit; very dry, 4865
~ --=- --=-_ ample carbonates; some clay coatings high in horizon
- -.-
3
4864
4-
4863
5- subsoil; yellowish tan clayey silt; mottled with grey
4862
6-'
4861
-
7
~ 4860
8-
- 4859
9-
- 4858 ,
a:
15 10-
~ - 4857
rL
~
rn 11-
!::
tL - 4856
>-
rn ~
".1
~ 12-
-'
N
~ ~ 4855
Pci I
co
'"
co 13- I
'S
0 - 4854
0:
~
14-
~ - 4853
N
<h
'" 15-
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
a:
I lil
"-
t;:;
If!
I.fJ
f-
Ei:
I f-
UJ
w
~
-'
(j
to
en
I w
0
0
'"
"
0
rr:
~
I '"
~
J::
0
I
Depth
in
feet
0
1
-
2
3
4
5-
6-
Project Number
Date
Operator
Equipment
Geologist
()
I
a.
<(
II
CJ
DESCRIPTION
'f 'f 'f
\" 'f' '1 topsoil; dk brown organic clayey silt
'I 'f 'f
: DDD69.bzLF
: 4/12/05
: City of Bozeman
: backhoe
: B. Siegmund
B horizon; yellowish tan clayey silt, damp; contact between
A & B horizons is not as sharp as elsewhere to the west
subsoil; yellowish tan clayey silt; mottled with grey
-f.-...--
- - - - C horizon; mottled light grey to white clayey silt; very dry,
-i--~ ample carbonates; some clay coatings high in horizon
7-
8-
9
10-
11 -
12-
13-
14~
1SJ
~
LOG OF BORING BZTP-11
(Page 1 of 1)
Surf.
Elev.
4855.63
4855
4854
4853
4852
4851
4850
4849
4848
4847
,
- 4848
- 4845
- 4844
-4843
- 4842
- 4841 I
I
l'
,.
Projlilct Number : 00069.bzLF
Date : 4/12/05
Operator : City 01 Bozeman
Equipmlilnt : backhoe
Geologist : B. Siegmund
LOG OF BORING BZTP-12
(Page 1 of 1)
Depth U Surf.
I
in n. DESCRIPTION Elev.
<(
leet a: 4847.11
t!l
0 'f '( 'I 4847
l' 'f 'f topsoil; dk brown organic clayey silt
"" '"
1- 4846
B horizon; yellowish tan clayey silt
2 -
- - - C horizon; mottled light grey to white clayey silt; very dry, 4845
I---- -
~ - ample carbonates; some clay coatings high in horizon; some
- f-,--- - gravel at north end of trench
3 -iB1--;-- 4844
~~~
o.Oo.Dg'
SD"gD()~~
4- 0.0'(:,.1:\.. Cobbles and gravel, abundant Ca (?) salts
8bQSDg8D; 4843
~~:.~~~;.~.;
5- - 4842
6;- ~ 4841
7- .. 4840
8- - 4839
9- - 4838
,
CL
0 10-
OJ - 4837
""
d:
N
~ 11-
f-- - 4836
0::
f--
(1) ~.
w
ii: 12~
--' - 4835
~
OJ
0,
'"
'"
g 13-
"" - 4834
0
CL
n.
~
'" 14- - 4833
0
0
'"
.,;. 15J
N
J,
'" I
\
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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I
I
I
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I
I
I
I
I
I
I
II:
I g
,.;
~
Ui
e-
n:
I ....
'/J
W
~
-I
(j
'"
I d,
'"
~
a
II:
"-
-
I '"
0
0
N
;;t
'"
0
I
Depth
in
feet
o
Project Number
Date
Operator
Equipment
Geologist
(,)
1:
n.
.or;
a:
o
DESCRIPTION
l' l' 'i
- ~ topsoil; dk brown organic clayey silt
1 -
2
---
3
4-
5-
6-
7-
~///
8-~;;
~;
9
10-
11 -
12-
13-
14-
15~
B horizon; yellowish tan clayey silt, damp
: 00069-bzLF
: 4/12/05
: City of Bozeman
: backhoe
: B. Siegmund
-
C horizon; mottled light grey to white clayey sill; very dry,
ample carbonates; some clay coatings high in horizon
subsoil; yellowish tan clayey sill; mottled with grey
white-grey clay; appears to have some maroonish hues, may
be rhyolitic ash fall.
~
Surf.
Elev.
4872.79
4872
4871
4870
4869
4868
4867
4866
4865
4864
~ 4863
- 4862
- 4861
- 4860
- 4859
- 4858
LOG OF BORING BZfp..13
(Page 1 of 1)
Project Number
Date
Operator
Equipment
Geologist
Depth
In
feet
()
I
c..
<(
a::
CJ
DESCRIPTION
o
'f 'f 'f
'1 'f 'f topsoil; dk brown organic clayey silt
1-
B horizon; yellowish tan clayey silt, damp
2-
: 00069-bzLF
: 4/12/05
: City of Bozeman
: backhoe
: B. Siegmund
3
C horizon; mottled light grey to white clayey silt; very dry,
ample carbonates
4 ----
5-
subsoil; yellowish tan clayey silt; mottled with grey
6-
7-
8-
9
/%// white-grey clay; appears to have some maroonish hues, may
/ ~ / be rhyolitic ash fall.
10- / /
/0
11
0:
o
'"
:!
rL
N
g;
f-
;;:
f-
~ ~,
-'
N
o
'"
0.,
~
<3
0:
~
12-
13-
14~
I
-'
15-1
LOG OF BORING BZTP-14
(Page 1 of 1)
Surf.
Elev.
4872.43
4872
4871
4870
- 4869
4868
4867
4866
4865
4864
,
4863
4862
- 4861
- 4860
- 4859
- 4858
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
~
I
I
-I
I
I
I
Project Number : OOD69.bzLF
Date : 4/12105
Operator : City of Bozeman
Equipment : backhoe
Geologist : B. Siegmund
LOG OF BORING BZTP~15
(Page 1 of 1)
Depth () Surl.
I
in a... DESCRIPTION Elev.
<(
feet a:: 4882.11
0
0 'I .'f 'I 4882
'" topsoil; dk brown organic clavey silt
1- 4881
B horizon; yellowish tan clayey silt, damp
- -
-- -
2 - -
~I.- - --=-- C horizon; mottled light grey to white clayey silt; very dry, 4880
- -
1- - ~ ample carbonates; grades to tan silty clay at 5 - 5.5 feet
-f-- -
3 - -- 4879
-- -
-
I.-
---
-- -
4 - 4878
-- -
~, --
5- subsoil: yellowish tan silty clay 4877
6- 4876
7- 4875
8- 4874
9- 4873
,
,
c:
g 10 - 4872
~
cL
f::j
In
if, 11 - - 4871
e-
o::
t> ~
w
e-
lL 12-
--' - 4870
tj
ro
d>
~ 13-" - 4869
0
c:
"- 141
-
8 - 4868
'"
;t
.j, 15~
<=>
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Project Number : 00069-bzLF
Date : 4/12/05
Operator : City of Bozeman
Equipment : backhoe
Geologist : 6. Siegmund
LOG OF BORING BZTP-16
(Page 1 of 1)
Depth C,) SUIT.
I
in P.- DESCRIPTION Elev.
<i
feet c: 4887.73
C!:l
0 'I 'f '(
'I 'f 'I topsoil; dk brown organic clayey silt
,
4887
i-
S horizon; yellowish tan clayey silt, damp
4886
2-
C horizon; mottled light grey to white clayey silt; very dry,
<1.11'1-''''' '-<1.1 UUI ,y,w~ 4885
3 -- ~ -".
~_.~._~'---
4884
4-
4883
5- subsoil; yellowish brown silty clay
-
4882
6~
4881
7-
- 4880
8-
4879
9
,
0: - 4878
0 10-
'"
~
~ - 4877
"!l
Ul 11-
I:::
"-
>-
Ul ~
W ~ 4876
~ 12-
N
0
'"
""
w - 4875
0 131
'"
'"
'"
0
!:t
~ ~ 4874
'" 14j
'"
'"
~ - 4873
,;,
0 15
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
a::
g
I :::
ii
N
o:l
ti5
f-
0::
I to
w
2
~
as
d,
I <<>
g
a
<C
~
I 8
'"
..;-
'"
J,
0
I
I PrOject Number
Date
Operator
Equipment
Geologist
Depth
in
feet
S2
I
0-
<(
a:
{!l
DESCRIPTION
o
'( '1 '1
'( 'f 'f topsoil; dk brown organic clayey silt
1-
B horizon; yellowish tan clayey silt, damp
2
-~-
: 00069-bzLF
: 4/12/05
: City of Bozeman
: backhoe
: B. Siegmund
_ ,- - _ C horizon; mottled light grey to white clayey silt; very dry,
3 - - ample carbonates
--~
--T-
4 ---
5 - subsoil; yellowish tan clayey silt; mottled with grey
6-
7-
8- /~ white-grey clay; appears to have some maroon ish hues, may
,~~ be rhyolitic ash fall.
g
10-
11-
12-
13-
14~
15-'
~
Surf.
Elev,
4888.11
4888
,
4887
4686
4885
4884
4883
4882
4881
4880
- 4879
- 4878
- 4877
- 4876
- 4875
- 4874
LOG OF BORING BZTP-17
(Page 1 of 1)
I
Project Number : 00069-bzLF I
Date : 4112/05
Operator : City of'Bozeman
Equipment : backhoe
Geologist : B. Siegmund
I
i LOG OF BORING BZTP-18
(Page 1 of 1)
0
Depth I Surf.
in c... DESCRIPTION Elev.
-<
feet a: 4900.55
0
0 '{ 'f 1"
_ topsoil; dk brown organic clavey silt
4900
1-
B horizon; yellowish tan silty clay, damp
4899
2 -- -- -
-- 4898
- ~ - ~ - C horizon; mottled light grey to white silty clay; very dry,
-- -
3 ample carbonates
~ -
4897
4-
-
4896
5- subsoil; yellowish brown silty clay
4895
6-
4894
7-
4893
8-
4892
9-
,
4891
rr
g 1Q
~ - 4890
U,i " -
....
0:
....
UJ C - 4889
w
:i:
.;.J 12-
(;l
co
g; - 4888
0
'"
0 13-
.;
0
rr
~ - 4887
'" 14-
~ - 4886
N
.J,
'" 15-
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
0:
0
[Q
I ~
0-
I::;
[Q
--
if)
f-
a::
f-
I if)
~
~
ill
I 0
0
CO
""
0
0:
~
I '"
'"
'"
~
.;,
'"
I
Deplh
in
leel
o
Project Number
Date
Operator
Equipment
Geologist
()
I
a.
<1;
a:
C!:l
DESCRIPTION
f f Y .
~ topsoil; dk brown organic clayey silt
: 00069-bzLF
: 4/12/05
: City of Bozeman
: backhoe
: B. Siegmund
~ _ _ C horizon; mottled light grey to white silty clay; very dryl
3 -...:::...--=.~ ample carbonates; grades to subsoil, not a dislinct horizon
1~
2 ------.
4-
5-
6-
7-
8-
9-
10-
11
12-
13-
14-
15,-
B horizon; yellowish tan silty clay, damp
subsoil; yellowish brown silty clay; mottled; possibly some
intemal structure similar to bedding planes
Surt
Elev.
4859.65
4859
~ - 4848
- 4847
- 4846
- 4845
LOG OF BORING BZTP-19
(Page 1 of 1)
4858
4857
4856
4855
4854
4853
4852
4851
4850
4849
I
I
I
I
I
I,
I
I
I
I
I
I
I
I
I
I
I
I
Daniel B. Stephens & Associates, Inc.
Summary of Proctor Compaction Tests
Optimum Maximum
Moisture Content Dry Bulk Density
Sample Number (% gig) (g/cm3)
BET-1 23.5 1.55
BET -4 18.5 1.62
BET -7 20.4 1.58
~
~'
"
.,~,:'~~<: "
'~/ \'0;","',
"'':::~~:,:>~ ~_. / ' Dan i e lB. S t e p hen s & Ass 0 cia t e s, I n c .
, "'",,""'"
, .....;~
35
I
I
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I
I
I
I
I
I
I
I
I
I
I
I
I
I
Proctor Compaction Data Points with Fitted Curve
Sample Number: BET-1
Optimum Moisture Content (%): 23.5
Maximum Dry Bulk Density (g/cm\' 1.55
Test Date: 7-Mar-03
1.7
1.6
- - - - - - - - - - - ~ - - - - - - -. - - - - - - - J - - - - - - - - - - - - _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ ~ . " _1_ _ _ ~ _ ~ r _ _ _ " _ _ _ _ _ ." _ _ _ _ _ _ _ _ _ _ _ _ L _ _ _ _ _ _ _ _ _ ~ _ _ _ ~ _ ~ _ ~ ~ '" ._ ..... _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _. ~ _ .. _ _ _ " _ _ __
' , ,
I
I
I
I :
------ - ..".- .1.-..... ..l..." __ _ _... __ _____ __ __. ______.:.____ __ __ __". _ __ ___ ___. ___
I
I
I
I
I
I
I
I
I
1 ,4 -:..-.- - - - -- -- - - -- -- - -- -. --- - -; - -- -- --- -- --...........""..".. .:..- --- __ _____ _ _ _____ _! ______ ___ ,____ __ __. n."..."... _'" __..._ i_____ _._ ___ __ _ _...._._
' , Ii:
I :
I
I
I
I
I
I
I
I
-
M
E
()
-
Cl
-
~
: 1.5 -f- -- --.---- -- --.. -- -.-----... --;..... n... ---.. n__ --- ---------:-----
o
-------"""""!--------
.:::
-
~
CO
>.
l.
CI
1.3
10
I ~
15
20
25
Moisture Content ('Yo)
Compaction method: Standard A
Laboratory analysis by: D. O'Dowd
Data entered by: D. O'Dowd
Checked by: 0, Q'Oowd
:c
30
I
I
I
I
I
I
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Proctor Compaction Data Points with Fitted Curve
Sample Number: BET-4
Optimum Moisture Content (%): 18.5
Maximum Dry Bulk Density. (g/cm3): 1 .62
Test Date: 7-Mar-03
1.8
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Moisture Content (%)
Compaction method: Standard A
Laboratory analysis by: D. O'Oowd
Data entered by: D.O'Dowd
Checked by: D. O'Dowd
25
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Daniel B. Stephens & A.fSociates, Inc.
Proctor Compaction Data Points with Fitted Curve
Sample Number: BET-7
Optimum Moisture Content (%): 20.4
Maximum Dry Bulk Density (g/cm3): 1.58
Test Date: 7-Mar.03
1.7
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Moisture Content (%)
Compaction method: Standard A
Laboratory analysis by: D. Q'Dowd
Data entered by: D. Q'Dowd
Checked by: D. Q'Dowd
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25