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Lamme Water Main Replacement Project Construction Specifications and Contract Documents
CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE CITY OF BOZEMAN LAMME WATER MAIN REPLACEMENT PROJECT JUNE 2008 Prepared By: City of Bozeman Engineering Division 20 East Qlive Street P.O. Bax 1230 Bozeman, MT 59771 Ph, (406) 582-2280 Fax (406) 582-2263 THE CITY OF BOZEMAN 20 E. OLIVE • P.O. BOX 1230 BOZEMAN, MONTANA 59771.1230 ENGINEERING DEPARTMENT PHONE: (406) 582-2280 FAX: (406) 582.2263 2008 LAMME WATER MAIN REPLACEMENT PROJECT CITY OF BOZEMAN BID OPENING: JULY 16, 2008, 2:30 P.M. ADDENDUM No. 1 JULY 9, 2008 TO: All Planholders of Record Please note the following modifications to the above referenced bid documents: Instructions to Bidders, Page 5, Line 7: Replace with the following BID DOCUMENTS - DO NOT OPEN UNTIL 2:30 P. M. July 16, 2008. Performance Bond form, Payment Bond form, Standard General Conditions of the Construction Contract, and Supplementary Conditions to the General Conditions: Replace with the attached documents. The backside of every page was omitted from the original documents. ~ Special Provisions 21. Replace with the following: ' Any items removed from the existing system under the terms of this contract shall remain the property of the Owner. All hydrants shall be delivered to a site of the Owner's choosing within the property limits of said Owner. All items that can be recycled (i.e. pipe, fittings, ect.) shall be ' delivered by the contractor to Pacific Steel and Recycling. All funds collected for the recycled material shall be given to the Water Superintendent. Any costs for the above referenced work shall be at the contractor's expense. Special Provisions 34. Add the following. The contractor shall provide a local representative who is available 24 hours a day and 7 days a week to maintain the temporary water system and to respond to correct any problems with the system. The phone number of this representative shall be provided to the owner at the preconstruction meeting. Special Provision 36. Replace the reference to Main Street with Rouse Avenue. Add New Special Provision: 38. STAGING AREA The contractor may, at his option close and utilize the block of Lamme between Tracy and Black for a staging area. If this is done, access must be maintained to the property owners within this block at all times. An area designated by the Water Superintendent within City Shops may also be utilized. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK ' Plan Sheet C-1: The work area is identified correctly from east to west, but is shown incorrectly as being in Main Street rather than Lamme. Anew sheet will not be issued. ' Plan Sheet W-6, Intersection of Lamme and Grand, STA. 0+00: Replace 6"x8" reducer with 4"x8" reducer. A revised BID SCHEDULE is attached and should be stapled over the original sheet 3 in the BID FORM. ' Plan Sheets W-1 through W-5: Wherever it is noted that the water service size is unknown, it was assumed to be 2" or less in the quantities provided in the bid form. ' Plan Sheets W-1 through W-5: The street names were so light during the final plotting that they are difficult to see. The cross streets are as follows: ' Sheet W1, approx. STA. 0+10, Grand Avenue Sheet W1, approx. STA. 3+45, Willson Avenue Sheet W2, approx. STA. 7+20, Tracy Avenue ' Sheet W3, approx. STA. 0-30, Black Avenue Sheet W3, approx. STA. 3+35, Bozeman Avenue Sheet W4, approx. STA. 6+55, Montana Avenue ' Sheet W5, approx. STA. 9+35, Rouse Avenue Sheet W5, approx. STA. 12+30, Perkins Place Sheet W5, approx. STA. 13+75, Church Avenue Add Plan Sheet D-2, DETAILS -EXISTING WATER SYSTEM, and revise the sheet numbers on all other W sheets to be WX of 8 rather than 7. Plan Sheet WS and W6: There are thermoplastic stop bars and/or crosswalks in all three legs of this intersection that are not shown on the plans. Any markings that are damaged or removed during construction shall be replaced with new thermoplastic markings. Miscellaneous clarifications from the prebid meeting: 1. Non-shrink backfill is not required on Willson Avenue. 2. It was stated that there were only two fire lines on the project. There are only two that are on Lamme that will be connected to the new main, but there are other fire lines which will be within the temporary water service area. 3. A bid holders list that is current as of this mailing is attached. ACKNOWLEDGEMENT Bidder shall acknowledge receipt and acceptance of this Addendum No. 1 on the Bid Form to validate their bid. Robert Murray, P.E. City Project Engineer PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. 'CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): 'OWNER (Name and Address): 'CONTRACT Date: Amount: ' Description (Name and Location): ,BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: 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 SURETY ' Compan}': Signature: (Seal) (Seal) 1 Name and Title: Surety's name and Corporate Sea] By: Signature and Title (Attach Power"of Attorney) (Space is provided below for signatures of additional parties, if required.) Attest: ' Signature and Title I CONTRACTOR AS PRINCIPAL SURETY ' Company: Signature: (Seal) (Seal) ' Name and Title: Surety's Name and Corporate Seal By: P Signature and Title ' (Attach Power of Attorney) Attest::.. Signature and Title: EJCAC No. C-GIO (2002 Edition) , ;, Originally prepared through the joint efforts of the Surety Association o f America, Engineers Joint Contract Documents Committee, the Associated General ' 9 Contractors of America, and the American Institute of Architects. _ _ 00610-1 ' ] Contactor' and Surety, jointly and severally, bind themsclces, their heirs, executors, administrators, successors, and assigns to Owmcr 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 az provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation 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 15 da~~s after receipt of such notice to discuss methods of performing the Contract. ]f 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 Contrzaor Default, and 3.2. Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Connactor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; and 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. \4'hcn Owner has satisfied the conditions o! 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, [hrough its agents or through independent contractors; or 4.3. 'Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contact for performance and completion of the Contract, arrange fora contact to be prepared for execution by Owner and Contractor selected with OwTer's concurrence, to be secured with performance 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 4.4. 1Vaivc iu right to perform and complete, arrange for completion, or obtain a new contactor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 5. ;; Surety does not proceed az provided in Paragraph 4 with reasonable prompmcs<_, Surety shall be deemed to be in default on this Bond IS days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Ow•rter shall be entitled to enforce any remedy available to Owner. If Surety proceeds az provided in Paragraph 4.4, and O•~timer refuses the payment tendered or Surety has denied liability, in whole or in pan, without further notice Owner shall be entitled to enforce any remedy available to Owmcr. G. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above; then the responsibilitics of Surety td Owner s}iall not be greater than those of Contractor under the Contract, and the responsibilities of Owmcr 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 Batancc of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for. 6.1. Tne responsibilities of Contractor for correction of defective 1Vork and completion of the Contract; G.2. Additional legal, design professional, and delay cosu resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liouidated damages, or if no liouidated damages are specified in the Contract, acnal damages caused by delayed performance or non- performance of Contractor 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set oft on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. S. Surety hereby waives notice of any change, including chanties 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 anv court of competent jurisdiction in the location in which the Work or pan of the Work is located and shall be instituted within hvo years after Contractor Default or within two years after Contractor ceased working or within two years ahcr Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. ]f the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties az a defense in the jurisdiction of ine suit shall be applicable. ]0. 1\otice 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 Conran was to be perfermcd, any provision in this Bond conflicting with said statutory reouiremem 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. 12. Definitions. 12.1 Balance of the Contract Price: The total amount pa}•able by Owner to Contaacor under the Contract after all proper adjustments have been made, including allowance to Contactor of any amounu received or to be received by Owner in settlement of insurance or other Clzims for damages to which Contractor is entitled, reduced by all valid and proper paymenu made to or on behalf of Contractor under the 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 perform or otherwise to comply with the terms of the Contract. 12.4. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contact or to perform and complete or comply with the other terms thereof. FOR INFORMATION O1rtLY -Name, Address and Telephone Surety Agency or Broker - Owner's Representative (engineer or other party) 006] 0-2 1 ~J 7 n i ~~ ' PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OVt'1~'ER (Name and Address): ~ONTRACT Date: Amount: Description (Name and Location): OND Bo:.d 1`tumber: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): urety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this ayment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. COI~'TRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) (Space is provided below for signatures of additional ' parties, if required.) ' CONTRACTOR AS PRINCIPAL Company: ' Signature: _ Name and Title: (Seal) SURETY Surety's Name and Corporate Seal B y: Signature and Title (Attach Power of Attomey) Attest: Signature and Title SURETY Surety's Name and Corporate Seal B y: Signature and Title (Attach Power of Attomey) Attest: .Signature and Title: - (Seal) (Seal) ' EJCDC iro. C-615 (200? Edition) Originally prepared through the joint efforts of the Sureh' 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. _-.. _ '.: ^w~$I .~TIR~RIf~9li11lQ999f1®IAIf~ 9~9~~~~ - 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors; administrators, successors, and assigns to Os+mer to pay for labor, materials; and equipment fumished by Claimants for use in the performance of the Contract, which is incorporated herein byreferenec. 2. With respect to Owner, this obligation shall be null aril void if Contractor: 2.1--Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless O++mcr from all claims, demands, liens, or suits alleging non-pa}Tncnt by Contractor by any person or entity +vho f urnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suiu and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Ovner Default. 3. \Vith respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4 ~_.rery shall have no obligation to Claimants under this Bond until: ~... Claimants who are employed by or have a direct contaci with Contactor have given notice to Surety (at the addresses described in Parzgraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor 1. Have fumished ++n-itten notice to Contractor and sent a copy, or notice thereof, to O++~ner, within 90 days after having last performed labor or last fumished 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 2. Have either received a rejection in whole or in part from Contactor, or not received within 30 days of fumishing the a'oove notice any communication from Contractor by which Contactor hzd indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surery~ and sent a copy, or notice thereof, to O++me*, statins that a claim is being made under this Bond and enclosing a copy of the previous written notice fumished to Contactor. 5. 1 a notice by a Claimant required by Paragraph 4 is provided by Owner to Ccn:rzctor or to Sureq-, that is sufficient compliance. 6. R'nen a Claimant hzs satisfied the conditions oC Parzgraph ;, the Surety shall prcmptly and at Surep's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to O++rter, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or amanee for pa}~rtcnt of any undisputed amounts. 7. Surety's total oblieation shall not erceed the amount of this Bond, and the amount of this Bond shall be credited for any pa}Trtents made in good fault by Surety. 15.1. Claimant: An individual or entit}~ having a direct contract with Contractor, or with afirst-tier subcontractor of Contactor, to furnish labor, materials, or equipment for use in the performance of the Contact. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, pow-er, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the \Vork of Contractor and Contrzctor's Subcontractors, and all other items for +vhich a mechanic's lien maybe asserted in the jurisdiction where the labor, materials, o; equipment were fumished. 15.2. Contract: Tne agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3. Owner Default: Failure of Owner, +vhich has neither been remedied nor waived, to pay Contractor as required by fne Contact or to perform and complete or comply with the other terms thereof. FOR INFOR711AT10~' ONLY -Name, Address and'Telcphone Surety Agency or Broker: O~ ner's Rcprescntativc (engineer or other parry): OOG 15-2 S. Amounts o+ved by Owner to Contractor under the Contract shall be used for the perfomtancc of the Contract and to satisfy claims, if any, under any performance bond. By Contractor fumishing and O+tme(accepting this Bond, they agree that all funds Gamed by Contractor in ine perforrrtance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority fo use the funds for the completion oC the \Vork. 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. ! 0. Surety hereby +vaives notice of any change, including changes of time, to the Contractor 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 \1'ork or part of the \Vork is located or after the expiration of one near from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were fumished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or proitibiied 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, Omer, or Contractor shzll be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surep~, Ovmer, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address sho++-n on the signature page. 13. When this Bond has been fumished to comply w-i[h a statutory requirement in the lo-cation 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 zny person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptl}~ furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS II~ ~I [] u ii C 1 Tnts documen[ has important lecai consequences: consultanor. ~~itn at; attorne~,~ is encoura~~ed with respe..; to tts use or modirt:;anon. Tht: document should he adapted to t~ne par.,~ula: circumstances o?~ the contemplated Proiect and the j Controllin^ Lair ~' STANDARD GE?~ERAL ONDITION~S OE THE. CONSTRUCTION ONTR~CT Prepared by ENGINEERS JOINT ('ONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By _~-~ 1liationa! Society of Professional Engineers ~~~~ _.._ _. " ° ~ , ~ ~ ~ ~ ~ ~ ~ r , ~ ~ ~ ~ ~ ~ ~ ^ ~ ~ r ^" . ~ ~ Pmfassiom! Ettgineea in Prirnty Prsrtrra ,~-••~•~ y.~.u., -~ ~•~• ~.w...,.., 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 'ras been approved and endorsed b~ ~ ,~ ~ _ y ~._ ~~~/~ .. ~ ~~„ , The Associated General Contractors of America Knowieooe for Lreaunc and Susrammg the Builr cnvironmem. Construction Specincations Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 0 :~ r -, ~~ ~~~ a :a Copyright ©2002 National Society of Professional Engineers 1420 Bing Street, Alexandria, VA 22314 ' American Council of Engineering Companies 1015 15th Street. N.R'., Washington. DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive. Reston. VA 20191-4400 These General Conditions have beer, prepzred for use with the Suggested Forms of Agreement Between Owner and j ContTZCtor Nos. C-520 or C-525 (2002 Editions) Their provisions are interrelated and a chance in one may necessitate a change ir, the other. Comments concerning their usage are contained in the EJCDC Construction Documents. General and 'I Instructions (No. C-001 j (2002 Editionj. For guidance in the preparation of Supplementary Conditions, see Guide to the ~~ Preparation of Suppiementar~~ Conditions (No. C-800) (2002 Editionj. ~ a.. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G 200: National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - ] Ta,BLE OF CONTENTS Pa~~ ARTICLE ; -DEFINITIONS AND TEP~MINOLOG~~ ............._.................................................................................. .... 1 .C)] ... C'/777 L'a I C!-InS .................................................................................................................................... ...... `, .O.' ............ Tel-m177U10~''~,' .............................................................. _ ...................... _ .................................................... ....... ~' ARTICLE ~' ..... _ - PRLII\4INAR1' 1vlATTERS .....:............_................................._............................................................. ......-... .......... g ?.O1 Dcln~en~ n'~Bo7uls and vtaenct~ of I,asurancc ............................................................................_........_....... .....__. L ~.0~ Copies of Docun7cazts ....................... ........................................................................................... ............... ......._ ~; '_.0 ~ Con7mencu77ent oiConn-act Times Noticc to Praceed .................................................................................. ...._... S ~'.04 Starting the N ori: .......................................................__................................................._ ................._....... ......... li:, 6elors Starting- Cnnsn-uctio77 ......................................................................................................................... ......... _.(I (~ P)"ec'o)7st)uct7o» C'c7mere)7C'C ................._........................................................._-.............................-. .._.._..... ......... 0? Inttiai Accepmnc'c o. Sci7eciuies ....................................................................................................... ............... ......... 8 AITICLE ~ - i_'Uh i ItACT DOCUMENTS: 1N 1 EN'i ..AMENDING. P.~~USE ............................................................... ......._ y 3.0] lntent ................._...........-......................................_........ q x.02 lie%crencc Standards ..............._.............._.....................-...............-........._..................-..........................._..... .-....... 9 - _.0~ , Reportn7ganaResolvint~Discrepa77ctes .............__.........................................................................-.............. __.....9 x.04 Amendin~~ and Suppiemennn^ Conn-act Documents ...................................................................................... 0 ....... ] 0 ~.OS Re7z.cc nt7)ocuments ........................................................................................................................... 10 x.06 ....._...... ct'ecn-anic Data ............................_............................................-....._......_..................................................... ....... ....... 10 ARTICLE 4 -AVAILABILITY OF LANDS: SUBSUI:FACE AND PHYSICAL CONDITIONS; HAZAP.DOUS ENVIRONMENTAL CONDITION'S: REFEILENCE POINTS ..........................................................................._-........... ....... 10 4.01 Avaiiahilitr of Lanrls .................................................................................._............................................. . 10 4.02 . .... ,Suhsurtuce and Pirvsical Condiaons ................................................................................................. ....... l 1 4.0_ ............. Diflerin~ S'ui~.rur/ace or Pi7vsical Conninons ................................................................................................. ....... ...... 1 I 4.04 Gndcr~rowzd Faciluies .................................................................................................................................. . ....... i2 4.05 RelerencePoints._........._..........-. ,~ 4.06 Hasaraous environmental Condition at Sue .................................................................................................. ....... 12 ARTICLE 5 -BONDS .AND I1~'SURANCE ........_ ............................_..................-....................................................... 13 5.01 .... Perjorn7m7ce Pavment, and Other Bond.c ................................................................................................... ....... I 5.02 ... Licensed Sureties and Insurers ....................................................................................................................... ....... ....... 14 5.03 Certificates ol-In.rurance ................._...................................-.. ..................................................................... ....... 14 5.04 Cnnnactor's Liability Insurance .................................................................................................................... ....... 14 5.05 Owner's Ltabit'in' Insurance ........................................................................................................................... ....... 1 `.06 Pronern~ ln.curancc ......................................................................................................._................................ ....... 1 5.0 % Yl~aiver of Rtghts ..............................................................................................................................-.............. ...-... 16 5.05 Receipt and ,9ppiicarion o)~Insurance Proceeds ............................................................................................. ....... 16 5.09 Acceptance o`Bonds and %nsurance; Option to Renlacc ................................................................................ ....... 16 5.]0 Parttal L'tiiizatton. Acknowledgment ofPropern hzrw-er .............................................................................. .......1? ARTICLE 6 -CONTRACTOR'S RFSPONSIBILITIES b.0i ................................................................................................... Supervision and Superintendence._ .................. . ....... i i ... .......................................................................................... ....... 6.02 La~or, N~~rking How-s ................................................................................................................................... ....... 1? 6.0~ Se7wices. Materials. and eautpment ................................................................................................... 1., 6.04 ............ Progress Schedule ............................... ....... 1~ 6.05 Substitutes mzd "Or-cguais " ...........................................................................................................-.............. .......1 S 6.06 Concerning Suhconn-actors, Suppliers. and Otiters ....................................................................................... ....... 19 6.0? Patent,~ees and Rovalties ......................................................................................................... ......20 6.0& Permtts .......................................................................................:.................................................................... .......20 6.09 Lati>>s and Re~ulattons ..................................................................................................................................... .......20 6.I0 Taxes ............................................................................................................................................................... .......21 6.1 ] CTse of Site and Other Areas ........................................................................................................................... . . 21 6.12 RecardDocuments ............. .............................. . .... ?~ 6.1. Safety and Pl•orectio77 ...................................................................................................................................... ....... ? 1 6.14 Saien Rep7•esentarive ......................................................................................................................... ......... ~~ 6.15 .... Hazard Communication Programs ................................................................................................................. ..... .......?~ EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G 2002 National Society of Processional Engineers for EJCDC. All rights reserved. 00700 - '_ 6.16 Enzergencles ......................................................................................................................................................... ,~ . -- - f;,' , Sizop Drax 1n` s ant' Samni_s ........................................................................ , . 2 0.18 ................................................................................. . Continuing the Work ........................ ~~ 6.19 Contractorsveneral W ~•trrann and Guarmuee ............................................................................-.................... ..23 0.20 .............................................................................................. lndemnifcation .................. ~ z Semices I ARTICLE ? ......................................................................................................... E~ ITE ~OTHEF. WOP~ AT TH ..24 ~.0 i Related Y6'ork at Sim ..................................................................................................................... ..................... .. 2-, !.02 COO1-Ch)1atlOll ............................. ................................................................................. ....................................... ..~~ 7.G.. Legal Relarlonsnlps ....................................................................................................................... ..................... .. 2_ ARTICLE S -OWNER'S RESPONSIBILITIES ..................................:............................................................................._. ..2 : 8.01 Cnmmunicanans 1o Conn-actor ........................................................................................................................... , _ __ 5.02 Repicicement o{Cngtneer .................................................................................................._............ -.................... ,; .. __ 5.01 ................................................................................................................. Furnish Data ............... ...................... .. 5.04 Par When Due ......................................... ......... ......................... .. __ 5.0~ .- Lands anc'tasements Reports ann Tests ..................._.................................................................-.................... ..._~, 5.06 insurance ............................................................................................................................................................ ...2; -, 8.07 Chrnzgc~ Orders ......................._......................................................................................................................... ... _.~ ~.lll lii.)tl el, I.IVrIJ, Tom., .J, ui~u ~3 ppi"O'vale ........................................... ..... .. 26 b.Ci9 Linzttations on Owner s Rcsponsihilrrtes ......................................................................................-.................... ... 5.10 ................................................._.- .........._...._.. Cirzdrsclosed Ha~arcious Environmetztal Cunduion........_........... ... _6 ~ 8.1 1 Evidence o{ rinancial Arrangemenu .............................................................................................-............_...... ... 26 ARTICLE 9 - ENGINEER'S ST,ATL'S DURING CONSTRUCTION ............................................................-.................... ...26 9.01 O~a~ner s Representative ...................................................................................................................................... ...26 9.02 6~isu.r io Sue .............................................................................................................._..................._.................... ...26 ci.03 Prnlect Representanve .................................................................................................................................._.... ...26 9.04 ,9uthorized Y'anations m Worl :......................................................................................-.................._................ ...26 9.0~ Rerecting Defective W'ork .............................................................................................................._................... ....26 9.06 Slzop Drax~irzgs Grange Orders and Pavments ......................................................................._...-................... ....27 9.07 Determinations for IJ'nIl Price G3~~~rk ................................................................................................................ .... _ , 9.08 Decisions on Reautremerzts of Contract Documents and Acceptabilin~ of bP'ork ........................... _.........._....... ....27 9.09 Limitation. on Engineer's Authorin and Responsinilities ............................................................ .................... .... 2 7 ARTICLE lU -CHANGES IN THE WOW:: CLAIMS ................................................................................... ................... ....2 7 10.0i Authorized Changes nz the Work ....................................................................................................................... ....27 10.02 Unauthorized Changes in tine Work ................................................................................................................... ....2b 10.0; Execunon of Change Orders ......................................................................................................... .................... .... 28 10.04 Notification to Suren ..................................................................................................................... .................... .... 28 ]0.0~ Claims ...................... ................................................_................. ....................................................................... ....28 ARTICLE 11 -COST OF THE WORK:. ALLOWANCES; UNIT PRICE V~tORh ............................................................. ....29 1 1.O1 .................................................................. Cosr n{the Worfi ............................................................................ ..... 29 11.02 Allowances ....................................................................................................................................................... .....30 11.03 Unit Price Work ................................................................................................................................................ .....30 ARTICLE 12 -CHANGE OF CONTRACT PRICE:. CHANGE OF CONTRACT TIMES ................................................ .....31 12.Oi Change o{Conn-act Pricc .............................................................................................................-................... .....31 12.02 Cizange oi•Conn•act Time :: ................................................................................................................................ .....32 L2.0? - Delavs ..........................................................................................................................................._................... ,~ ......,_ ARTICLE 1 ~ -TESTS AND INSPECTIONS; CORREC710N. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK . ..... 22 13.01 Iv'otice o{De{ects .................................................. ;~ 13.02 Access to W'ork .................................................................................................................................................. ..... ~ 13.03 Tests and Inspect!ons ........................................................................................................................................ ~ .....~_ 13.04 Unco~. Bring Work ............................................................................................................................................. ...... 33 13.0 Owner May Stop the Work ............................................................................................................................... ...... 33 13.06 Correction or Removal of De{ecrive YG'orl:.. .................................................................................. -.................. ...... == 13.07 Correction Period ............................................................................................................................................ ......33 13.08 Acceptance o{Defective W'ork ...................................................................................................... ................... ...... 34 L3.09 Oxmer Mav Correct De{ective W'or1:...... ......................................................................................................... ...... 34 ARTICL E 14 - PAYIvIENTS TO CONTRACTOR AND COMPLETION ........................................................................ ...... 35 14.01 .... Schedule o{ t'alues ....................................................................................................................................... ...... 3 ~ 14.02 Progress Payrneztts .......................................................................................................................................... ......3~ 14.03 Contractor's Yf~arranttil of Title ........................................................................................................................ ......36 14.04 Substantial Completion .................................................................................................................................... ......36 EJCDC C-700 Standard General Conditions of the Construction Contract. Copvright'~ 200'_ ?national Society of Professional Engineers for EJCDC. All rights reserved. 0070(1 - 3 ~~ ~~ w~' ..~ ~. ~' ~~ ~~ ~' i-+.GS Parna' Utilt_ation ............................................................................................. i 4.06 ;~ tna lnspection ................................................................................................ I-?.07 r=ina Pavment ................................................................................................... 14.OS Tina! Complenon Deiavea ................................................................................ 14.0 ',3 an-er oi~Claints .............................................................................................. ARTICLE 15 - SL'SPENS]ON OF WOP~ ANU TER,'`~INATION .................................. 15.01 Ov,~ner /t9m, Suspend GG'orir .............................................................................. I5.0~' D~t~ner Mcn Termtnate for Cause .................................................................... ~.0 ~ T Utivner Alan ~ erminate For Convetttence ......................................................... ?5.04 Conn-acrorlvlat~ Sron «~''or~~ o, Terminarc .............._..._.................................... ARTICLE 16 -DISPUTE P~ESOLliTION .......................................................................... 10.01 A4erhod.c and Procedures ...................._..................._....................................... ARTICLE i % -MISCELLANEOUS .................................._................_............................. ]7.01 vivin`> Nnace............_ ...................................................................................... 1 %.0 ,. T. Contputauon o/ I totes ....................................................................................... ]7.0 Cumul'anve Remedies.........__ .......................................................................... 17.04 Sun~nal of Uhligacions ....................................................._.............................. 17.05 C'onn-nllirtg La~r ................................................................................................ -, i ~.(1t~ Heaatn~s ........................................................................................................... EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 4 GENERAL, CONDITIONS .~RTICL~ ! - DE~IIvITIONS AND TERMI?vOLOG~' 1.OI De7iried Ternic A ~%herever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms speciftcal]_v defined, terms with initial capita] letters in the Contract Documents include references to identified articles and paragraphs. and the titles of other documents or forms. 1. Addertdcr--Written or graphic instruments issued prior to the opening of Bids which clarify. correct. or chance the Bidding Requirements or the proposed Contract Documents. ~. ,4greement--The N7inen instrument which is evidence. of the agreement between Owner and Contractor coveting the Worl~. 3..Application for Pavmen?--The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requestine progress or final pas~rrients and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. ,Asbestos--Any matenal that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above. current action levels esta'b'lished 'by the United States Occupational Safety and Health Adrrunistration. ~. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder--The individual or entit}~ who submits a Bid directly to Owner. -. Biddin~~ Documents--The Bidding keouirements and the proposed Contract Documents (including all Addendal. b. Bidding Requirements--The Advertisement or Invitation to Bid.. Instructions to Bidders. bid security of acceptable form if any, and the Bid Form with any supplements. 9. Change Order--.A document recommender ,c Engineer whtch is signed by Contractor and Owner and authorizes an addition. deletion. or rel~ision in th, ~~'nrk or an adiustment in the Contract Price or the Conr:ac: Times. issued on or after the Effective Date o the Agreement. 10 Clara,--A demand or assertion by Owner or Contractor seekine an adiustrnent of Contract Pace or Contract Times, or born. or other reltef ~~~tth respect to ti7c femur of the Contract. A demand for money or sen~ices b, a third pain is not a Ciamz_ 1 1. Connacr--The entire and integrated ~~.ritten ag*reement between the Owner and Contractor concenum_ the Work, The Contract supersedes pnor negotiations. representations, or agreements, whether v,rinen or oral. 1?. Contract Documents-- Those items so desi~==Hated in the Agreement Unly pnnted or hard cope of ti,e items listed in the A~~reement are Contract Documents. Approved Shop Drawin«s_ other Contractor s submittals. and the repons and drawings of subsurface and physical conditions are not Conuac t Documents. li. Co~uracr Pricc--The moneys payable b~~ Owner to Contractor for completion of the Work ir, accordance. with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph ] I.(1 in the case of unit Price Work 1. 14. Conn~act Times--The number of days or the dates stated in the Agreement to: (ij achieve Milestones. if an}~, liil achieve Substantial Completion; and (fill com- plete the Work so that it is ready for final payment as evidenced by Engineers written reconunendation of final payment. If. Contractor--The indi~,~idual or entitl with whom Owner has entered into the Agreement. 16. Cost of the YY'ork--See Paragraph 1 I.Oi.A for definition. i i. Drawano;--That pan of the Contract Documents prepared or approved by Engineer which granhtcallv shows the scope. extent. and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawtn~rs as so defined. 18. Ejjective Date off" the Agreement--The date indicated in the Agreement on which it becomes effective.. but i? no such date is indicated. it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer--The individual or entity named as such m the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G 2D02 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - S s D y ~, i~ 30 ~ iei~ O~-de~~--.A written order issues b~,~ cn~tneer whicis requtres Honor changes in the Work but which does not tnvoive a change in the Contract }'rice or the Contract Times_ ~' 1. Genera' ,Re~uuu ement~--Sections of Division 1 ofthe Specifications The veneral Requirements pertain ro all sections of the Spec~ncauons. ''~ Ha=ardvus Envn-onmental Condirinr,--The presence at the Site of Asbestos. PCBs. Petroleum. Hazardous y'~~aste. or Radioactive Material to such auantines or circumstances that may present a substantial danger to persons or propem exposed thereto to com~ecnon with the Vv ors:, __ _ Ha~ardouc W'aric--The term Hazardous Waste shall have. the meaning provided in Section 100? of the Solid V~~aste Disposal Act (43 USC Section 6903) as amended from time to ume. 34. i,aws and Re~t~lariunr~. Laws or Re~ulnnon_- -Anv and all appi:cable laws, rules- regulations. ordinanc- es. codes, and orders of any and all governmenta'1 bodies. agencies, aufnonues, and courts having ~urtsdicnon. 3ti. 1.rcnr--Charnes. security interests. or encumbrances upon Project funds, real propem, or personal propem'. 36. Milestone--A principal event specified in the Contract Documents relannc to an intermediate comple- tion date or time prior to Substantial Completion of al] the Work. 27. Notice of Award--The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owrner will sign and deliver the A ~=reement. 28. Notice wProceed--A v.7itten notice ~~iven by Owner to Contractor fixtnt~ the date on which the Con- tact Times will commence to run and on which Contractor shall. start to perform the Wor}: under the Contact Documents. 39. Owner--The individual or entity with whom Cony.actor has entered into the Agreement and fo? whom the Wor}: is to be nerformed_ 30. PCB--Poiychiorinated biphenvls. 31. Petroleum--Petolenn-~ including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and l4. i pounds per squat: inch absolute j, such as oil. petoieurn, fuel oil. oil sludge. oil refuse, gasoline, kerosene. and oil mixed with other non-Hazardous Waste and crude oils. ~?. Pro,n-ess Saieduis~--A schedule, prepared and matntamed by Contractor. descriom~~ the sequence and durauon of the activtues comprisin~~ the Contactors plan to accomplish the Work within the ConTZ-act Times. _=. Project--The rotas construction of which the «~ork to be performed under the Contract Documents may be the whole. or a part. 34_ Prrieer ttlmtual--The bound documentan° information prepared for 'biddine and construcun~~ the ~'v'ork. A iisting~ of the contents of the Project Manual. which may oe bound m one or more volumes. is contained to the tables s) of contents. .~~. Radioactivc° Marertul--Source. special nucle- ar. or byproduct material as defined by the Atone: Ener«v Act of 19~=: (-+3 LSC Section 3011 et seq.l as amended from time to time- 36. Related Entm -- ,An ofticer. duector, partner, employee. agent, consultant. or subcontractor. 3?. IZe.cidenr Proiect Renresentari>>r--The autho- rized representative of Engineer who ma v be asstened to the. Site or am' part thereof. 3&. Samples--Physical examples of matenals_ equipment.. or WOrl:rnanshlp that arC' representative Of some portion of the Wor}: and which estaolish the standards by which such portion of the W ors: will be judged. 39. Sdtedulc of Submittals--A schedule, prepared and maintained by Contractor. of required subrrvttais and the time requirements to support scheduled performance of related construction activities. 40. Schedule of l~~aiues--A schedule. prepared and maintained by Contractor, allocatm~~ portions of the Contact Price to various portions of the Work and used as the oasis for reviewing Contractors Applications for Payment. 4l. Snort Drawing~~--All arawina, diaerams. illustations. schedules. and other data or information which are specifically prepared or assernbied by or for Contactor and submitted oy Contactor to iliustate some pomon of the VJor}:. 42. Site--Lands or areas indicated in the Contact Documents as being furnished by Owner upon which the Worl: is to be performed, including rights-of-way and easements for access thereto.. and such other lands furnished by Owner which are designated for the use of Contactor. 43 Speei~acations--That part of the Contact Documents consisting of written requirements for materials, equipment.. systems, standards and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ~ 2001. National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 6 adrrtinistratrve requirements and procedural matters applicable thereto. 44. Sttbeonn-actor--An individual or entity ha~,~in~~ a direct contract witi: Contractor or with any,- other Subcontractor for the performance of a part of the Work at the Site. 4~. Substantal Curnpletior~--The time at which tine Work for a specified part thereof has progressed ro the point where. m the opinion of Engineer, the Work for a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work for a specifed part thereof) can be utilized for the purposes for which it is intended. The terms '~substannallv complete" and "substartially compieted" as applied to all or pan of rite Work refer to Substantial Completion thereof. 46. Successtirl Bidder---The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplenaentan~ Conditions--That part of the Contract Documents which amends or supplements these General Conditions. 4S. Srfppiier--A manufacturer, fabricator, supp]i- er. distributor. materialman. or vendor havin~~ a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or anv Subcontractor. 49. Under~rvund racilitie.e--All underground pipelines. conduits, ducts, cables, wires- manholes vaults, tarns, tunnels. or other such facilities or attachments. and anv encasements containing such facilities, including those that convey electricity, gases, steam. liouid petroleum products, telephone or other communications, cable television,. water, wastewater, storm water. other liquids or chemicals, or traffic or other toting] systems. ~G. Unit Price Work--Work to be paid for on the 'oasis of unit prices. 51 Work--The entire construction or the various separately idenufia'bie parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services. and documentaron necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction. al] as required 'by the Contract Documents. 52. Work Change Directive--A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordenng an addition, deletion, or revision in the Worl:. or responding to differing or unforeseen subsurface or physical conditions under which the Worl: is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times buy is evidence that the pames expect tha; the chance orde-ed or documented by a Work Ciianee Dtrective will be incorporated in a subsequent)}' Issued Chance Order following negotiations by the parties as to its effect. if anv. on the Contract Prig or Contact ~ftmes. 1.0~' Terminology A. The following words or terms are not defined b~'.. when used in [he Bidding Requirements or Contract Documents. nave the following meaning- B. hater o, Certana Tern7s or ,9diectires 1. The Contract Documents include the terms `'as allowed.' ''as approved." "as ordered". `'as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer _ In addition, the adiectives "reasonable,' "suitabl e," `acceptable," "prover." "sansfuctory," or adiecnve s of like effect or impoR are used to describe an action or detemnnanon of Enginee;~ as to the Work. 1t is intended that such exercise of professional judgment. action or determination will be solely to evaluate, in general. foe Work for compliance with the. requirements of and information m the Contract Documents and conformance with the design concept of the compieted Proiect as a funetionm~~ whole as shown or indicated in the Contract Documents (unless there is a specitic statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assien to Engineer any duty or authorty to supervise or d>rect the performance of the Work or any duty or autnonty to undenake responsibiitty contrary to the provisions of Paragraph 9.09 or an y other provision of the Contract Documents. C. Dai 1. The word "day" means a calendar day of 24 hours measured from midnight to the next rrudnight D. De~ecrive 1. The word "defective,' when modifying the. word "Wort:." refers to Vv orl: that is unsatisfactory, fault}'; or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of anv applicable inspection. reference standard, test. or approval referred to in the Contract Documents. or c has been damaged prior tc Engineer s - recommendation of final payment iunless responsibilit}~ for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.01. EJCUC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society oC Professional Engineers for EJCDC. All rights reserved. 00700 - 7 ~~ w w C~ r~ ~-~ y S ~. ,'i!7"721.51;. %12S'Zal, PC'7"lot».. P7"oVtClf 1. The word "furnish.' when used in connection with sernces. matenais. or equtpment. shall meat, to supple and deliver said sen~,ces, materials. or egwpment to the Site f or some other specifted locauoni read~~ for use or installation and in usable or operable condwor.. .' The word `install. when used in connection with services. materials. or egwpment. small mean w put into us,~ or place in final position said servtces. materials. or equtpment complete and read.- for rtended use_ The words '~perform'~ or '~provide,'~ when used in connection will( services. matenais. or equipment. shall mean to furnish and install satd services, materials. or eoutpment complete and ready for intended use. 4. When "furnish," "install," "periorm.~~ or "pro- vid;~" is not used in connection with services, matenais. ur equipment to a context clearly req_uinnt an obligation of Contractor, '~provid: ~~ is implied. F. unless stated otherwise m the Contract liocu- ments. words o- phrases which have a well-known technical or construction indusm' or trade meanin<_ are used in the Contract Documents in accordance will: such recognized meamn~~. ARTICLE 2 -PRELIMINARY MATTERS 2.01 Deiivein~ ofBonds mid 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 famish. B. Evidence of Insurance: Before any Worl: at the Site is stared. Contractor and Owner shall each deliver to the other. with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance i and ofner evidence of insurance which either of them or any additional rnsured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article f. 2.02 Copies ofDocumer.ts or. if a Notice to Proceed is given. on the day indicated in the Notice to Proceed. A Notice to Proceed may, be gn'en at an~~ rime within ~0 davs after the Effective Date of the Agreement. In no event will the Contract Times com- menc~ tc run la*.er than the stxneth day' after the day of Bid opening or the thirtieth day after the effective Date of the Agreement. whichever date is earlier. 2.0~ Saarrittg tine ti1'ork A. Contractor shall stare to perform ti7e Fork on the date wren the Contract Times commence to run. No Wort: shall be done at the Site prior to tree date on which the Contract Times commence to run. 2.Of Be~orc S'tm•ting Consn-uctior, A. Preiimi~tar~~ Sc{~,erluler Within l U days after the Effective Date of the Agreement sunless otherwtse speci;ied in the General 1,equirementsj, Contactor shall submtt to Engineer for timely review: 1. a preitrmnarv Progress Schedule; indicatin~~ the rimes (numbers of days or dates] for startin~~ and completing the various stages of the Work. including any Milestones specified in the Contract Documents; ~. a preliminary Schedule of Submittals; and ~. a preiirrtinary Schedule of Values for all of the. Worl: which includes ouantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during perfom-iance of the Wor}:. Such paces will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Worl: at the Site is stared. a conference attended by Owner, Contractor, Engineer. and ofners as appropriate will be held to establish a working understanding among the parties as to the Worl: and to discuss the schedules referred to in Paragraph 2.O~.P.. procedures for handling Shop Drawin~~s and other subrrnttals, processing Applications for Payment; and maintaining required records. 2.0 i htiaial Acceptmtce of~chedules A. Ow'rter shall furnish to Contractor up to ter. A. At feast 10 davs before subrrrission of the fast printed or hard copses of the Drawings and Project Application for Payment a conference attended by Manual..Additional copies will be fisrnished upon request Contractor. Engineer. and others as appropriate w71i be at the cost of reproduction. held to review for acceptability to Engineer as provided below the schedules submitted in accordance with 2.0~ Commencement of Co~uract Times; Notice to Paragraph 2.O~.A. Cont7actor shall have an additional 10 Proceed days to make corrections and adjustments and to complete and resubmit the schedules. No progress pa)~nen*. shall be A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ~ 2002 National Society oC Professional Engineers for EJCDC. All rights reserved. 00700 - R ~?.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identifti• 1. those reports of expioranons and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents. and those drawings of physical conditions in or relating to existinc surface or subsurface structures at or cone^uous to the Site iexcept Underground Facilinesl that Engineer has used m preparing the Contract Documents. B. Limited Reliance big Cunn•actor on Tecnnicar Drzro Authn~-i~ed_ Contractor may rely upon the general accuracy of the "technical data' contained in such repots and drawings, but such reports and drawin~~s are not Contract Documents. Such °techmca] data' is identified in the Supplementary Conditions. Except for such reliance. on such "technical data." Contractor may not rely upon or make anv claim against Owner or Engineer. or anv_ of their kelated Entities with respect to 1. the completeness of such tenons and drawings for Contractors pumoses, including. but not limited to. any aspects of the means, methods, technioues. sequences.. and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or ?. other data, interpretations, opinions. and information contained in such repots 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, intemretations, opinions, or information. 4.t; ~ Differing Subsw-face or Pht~sical Conditions .A. N'orice: If Contractor believes that anv subsur- fa~e or physical conditior, at or comiguous to the Site that is uncovered or revealed either. 1. is of such a nature as to establish that anv "technical data" on which Contractor is entitled to rely as provided to Paragraph 4.0 is materially inaccurate; or 2. is of such a nature as to require a chance in the Contract Documents: or ~. differs materially from twat shown or indicated in the Contact Documents: or 4. is of an unusual nature. and differs materially from conditions ordinarily encountered and generally recoenized as inherent in work of the character provided for in the Contract Documents; then. Contractor shall, promptly after becotnine aware inereof and before further disturbing. the subsurface or physical conditions or perfonnin<_~ any ~ ork in connec- non therewith f except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing a'oout such condition. Contractor shall not further disturb such condinon or perform anv VJorl: in connection therewith Lexcept as aforesaid) until receipt of written order to do so. B_ Engrneer's Ret~ieta~: After receipt of written notice as required by Paragraph 4 O.A., Engineer will promptly review the pertinent condition. determine the nccessir,~ of Ovmer's obtainin~~ additional exploration or tests with respect thereto. and advise Owner m writing, (with a cope to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times. or both. will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or nme required for; performance of the Work: subject. however. to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.O~.A: and b. with respect to W ork that is paid for on a Unit Price Basis, anV adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.0. ~. Contractor shall not be entitled to amp adiustment in the Contract Price or Contract Tunes if: a. Contractor knew of the existence of such conditions at the nme Contractor made a final comrrutment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becorrune 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. explo- ration, 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 Conractor's making such final commitrrient; or EJCDC C-700 Standard General Conditions oCthe Construction Contract. Copyright G 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 0070(' - 11 Contractor failed to «ive the ~',7itten notice as required b~ Parag=rapt; ~.0~..=.. . If O•a~~ner and Contractor are unable to agree o,i enritiement to or on the amount or extent. if am,~. of an~~ adtustment ui tre Contract Pace or Contract Times. o:~ boll;. a Clamp ma~,• be made therefor a: provided in }'ara~>raph iO.U`. Hrn~~ever. Ownier and Engineer. and am of tiieu Related Entities shall not be liable to Contactor ie an~~~ claims. costs. losses. or damn«es iincludtn~~ but no'. hm~ted u~ all fees and charges of engineers. architects. aitorne~-:,. and other proi-essionais and all coup or aroitatton or other dispute resolution costs) sustained b~~ Contracuir on or in connection ~n~ith anv other project or anticipated project- 4.11-+ fmde~s~ruanul Fucilrtie.~ ~.. Shnwn nr inrlicrnerl The iniorn~auon and data sl,i~nsrii or indicated ii; the Contact L`ocumerts •,~.~ith respect to existing underground Facilities at or comi~~uous m tht~ Site is eased on information and data nirnisi?ed to Owner or Engineer by the mvners of such Under~~round Facilities, inciudinc C~wner_ or by others. Unless it is otherwise expressly provided in the Sup- niementar~~ Conditions 1 Owmer and Engineer shall not be responsible for the. accuracy or completeness of ans~ such information or data: and the cost of all of the following will be included in the Contact Price, and Contactor shall have full responsi'oiiity for: a. reviewin~4 and checkinf~ al] such information and data, b. locating ail Underground Facilities shown or indicated in the Contact Documents, c. coordination of the Work with the owners of such underground Facilities, including Owmer, durin~_ construction. and d the safety and protection of air such under- ground racihnes and repairing anv_ dama~~e thereto resulting from the Work. B. Toot Shnwn or htaicar~c 1 if an lindert~round Faciiirl is uncovered or revealed at or contiguous to the Site which was not showm or indicated, or not shover. or indicated with reasonable accuracy in the Contract Documents. Contactor shall, promnti}' after beconung aware thereof and before fw-ther disturbing conditions affected thereby or perforrrung an~,~ Worl: ir. connection therewith (excen? in an emergency as required by Paragraph 6.16.Aj, identify the owner of such underground Facility and give written notice to that o~',mer and to Owrrier and Engineer. Engineer will promptly review the. lindertrround Fa:iiir_v and deternune the extent. if an~~_ to ~>,-hich a chance is reouired in file Contract Documents to reflect and document the conseeuences of the existence o: location of the linder- «round Facilir; Durtn« such time. Conta: or shall be resporsibie for the safet`~ and prorectior, of such Underground Facility. ~' If Engineer conciude_~ that a chance in the Contract Documents is reautred. a y'v~ork Chance Due~tn~~e or a Change Order will he issued to reiiect and document such consequences. An eauitabl ad~usimen; shall b:: made in the Conrad Price or Contact Times. or both. to the extent that the~~ are attributable to the existence or location of an~.~ tinder~_ro and Facility that was not shown or indicated or not shown or indicated with rcasonable accurac~,~ in the Contact Documents and that Contactor did not F:now of and could not reasonabi~ hays peen e>:pected to be aware of or to have anticipated. If ~iwrer and Contractor are t:nabie to ~_ on entitlement to or on the amount ui extent. if an•~°. o; any such adiustment in Contact Pnce or Contact ~~~imes. C~~wmer or Contactor may make a Clatnt ti~ereior as provided in Para*raph 10.0~- 4.(l~~ Rcterencc° Pomis~ A. Omer shall provide engmeenn~~ sun'evs to establish reference. points for construction which in Engineer's lodgment are necessary to enable C;onractor to proceed with the Work. Contactor shall be responsible for laving out the Work. shall protect and preserve the established reference points and property monuments. and shall make no chances or relocations without the pnor written approval of Owner. Contractor shall report to Engineer whenever anv reference point or pronem monument is lest or destoyed or requires relocation because of necessar~~ changes in grades or locations, and steal; be responsible far the accurate replacement or relocation of such reference points or propem monuments by professionally qualified nersonncl. 4.06 Nacardous Envn-nnmental Condin~nt~ at Sire A. Rennrrs and Drawing; Reference is mad; to the Supplementary Conditions for the identiticauon of those reports and drawin~>s reiatin~ to a :-lazardou~. ;/nvtronmental Condition identified at the Site. if ans. that have been utilized by file En<~meer in the preparation o` the Contact Documen*s. B. Lir,iited Relimzcc bi~ Cowracror on Tecitrtical Data .Autiaori_er: Contactor may rely upon the general accuracy of the "technical data~~ contained i<~ such tenons and arawin~s. but such reports and drawings ar_ not Contact Documents. Such "technical data' is. identified in the Suppiementarv Conditions. Except for such reliance on suer. "technical dzta," Contactor may not rely upon or make any claim against Owner or En~?ineer. or anv of their Related Entities with respect to: EJCUC C-70U Standard General Conditions of the Construction Contract. Copyright C 200'_ National Societe of Professional Engineers for EJCDC. All rights reserved. 00700 - 12 1. the completeness of such reports and drawings for Contractor's purposes.. including. but not limited to. anv aspects of the means,. methods, techniques. sequences and procedures of construction to be employed 'ov Contractor and safety precautions and programs incident thereto; or ''. other data, interpretations, opinions and information contained in such reports or shown or indicated in such draw-in^s: or ~. any Contractor interpretation of or conclusion drawn from anv_ "technical data" or any such other data. interpretations. opinions or information. C. Contractor shall not be responsiole for anv Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Sp_ ecifications or identified in fne 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 anv_ one 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: (il secure or otherwise isolate such condition; (iij stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Parag-raph 6.16.A); and (iii} notify Owner and Engineer (and promptly thereafter confirm such notice in writing]. Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be reouired to resume Work in connection, with such condition or m any affected area until after Owner has obtained any reouired permits related thereto and delivered to Contractor written notice: I:i) specifying that such condition and any affected area is or has been rendered sane far the resumption of Work; or iiil specifying any special conditions under which such Worl: may 'be' resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent. if any. of any adiustment in Contract Price or Contract Times. or both.. as a result of such Work stop- page or such special conditions under which Worl~ is agreed to be resumed by Contractor, either parry may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent.. if any. of an adiustment in Contract Price or Contact Times as a result or deleting such portion of the W orl:, then either pain may make a Claim therefor as provided in Paragraph O.US. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance v,~ith Article 7. G. To the fullest extent permitted by Laws and Rezulations, Owrier shall indemnify and hold harmless Contractor, Subcontractors, and Engineer. and the officers. directors, parners. employees.. agems. consultants. and subcontractors of each and any of them from and against all claims. costs. losses, and damages (including but not limited to all fee, and charges of engineers, architects, attorneys, and otrier professionals and all court or arbitration or other dispute resolution costs] arising out of or relating to a Hazardous EliVlroIlmentai COndlnOr,, pToVlded that sllch HaZ2TdOll5 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 Iii} was not created by Contractor or by anyone for whom Contractor is responsible. Nothing m this Paragraph 4.06. G shall obligate Owner to indemnify anv individual or entity from and aR ainst the conse- quences of that individual's or enrity~ s own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and fne 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 Environrnenta] Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Para~*raphs 4.02, 4.0=. and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND Il~'SURANCE 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractors obligations under the O~~taer may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-70U Standard General Conditions of the Construction Contract. Copyright ~ ?00'_ National Society of Professional Engineers for EJCDC. All rights reserved 00700 - 13 ~~ N ~~~ I In Para*raph _x.01. whtchever is later. except as prm~ioed otherwise b~; Laws or Re~uiations or by the Contract Documenu. Contractor shall also furnish such other bonds as are required by the Contract riocuments. B All bonds shall be Ir. the form prescribed b~, the Contract Documents except as provided otherwise b~ Laws or Re«uiations. and shall b° executed b~ such sureties as are named in the current list of "Companies Holding Certificates of Authontl~ as Acceptable Surenes on hederal Bonds and as Acceptable Remsunn~~ Comna- nies" as published in Circular ~7Ci (amended) 'ov the Financial Maliaeement Service. Surer~~ Bond Branch. li.S. Department of the Treasurv~. All bonds signed b~~ ar, agent must be accompanied by a certified copy of the aeent s authority to act. C. I; the surety on anv bond furnished b~~ Contractor is declared bankrupt or becomes insolvent or its nght to do business is terminated in anv state where am' pan of the Proiect is located or it ceases to meet the requirements of Paragraph ~.O1.B. Contractor shall promptly notiil' Owner and Engineer and shall, within 2(i days aver the event giving rise to such notificanon. provide another bond and surety, both of which shall comply with the requirements of Paragraphs ~.O1.B and .U"_'. ~~. )_ Licensed Sureties vnd Insurers A.. All bonds and insurance reduired by the Contract Documents to be purchased and maintained by Ovmer or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the iunsdiction In which the Project is located to Issue bonds or insurance. policies for the limits and covera«es so reautred. Such suret~~ and insurance companies shall also meet such additional requirements and qualifications as may be provided m the Supplementary Conditions. `.0. Certificates o~lnsurance A. Contractor shall deliver to Uwner. with copies to each additional Insured identified in the Supplementary Conditions. cenincates of insurance (and other evidence of insurance requested by Owner or any. other additions; 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 anv other additional insured) which Owner is required to purchase and maintain. ~.~4 Contractor ; Liabilin, Insurance P.. Contractor shall purchase and maintain such iia'oiiiry and other insurance as is appropriate for the from maims set forth below which may arise out of or result from Cont-.-actor~s performance of the Worl: and Contractors other obligations under the Contract Documents. whether it is to be performed by Contractor. any Subcontractor or 5uppiier. o; b~ anyone directly or indirectly employed by any of them to perform anv. of the ~'v~orl:, or b} anyone for whose acts an_v of them may be iiabie 1. claims under wori:ers ~ compensation. disability benefits. and other similar empio_vee benefit acts: ~. claims for damages because of bodily injure, occupational sic~~ess or disease. or death of Contractors employees: ?. claims for damages because of bodily iniur~,, sickness or disease, or death of ape person other than Contractors emplovee~_ ~;. claims for dam:t~aes insured h~ reasonahl~,- available personal injury liability covers«e which are sus- tained: a. by anv person as a result of art offense directly or indirectly related to the empiovment of such person by Contractor. or b. by any other person for any other reason: ~. claims for damages. other than to the VJorh itself, because of injttn~ to or destruction of tangible propem~ wherever located. including loss of use resulting therefrom; and 6. claims for damages because of bodii_v injury or death of any person or property damage arisins out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph x.04 shah: 1. witi~ respect to insurance required by Paragraphs ~.04.A.: through ~.04.A.5 inclusive, include as additional insured (subject to any customary exclusion regarding professional liabiiitvl Owner and En~•Ineet, and anv other individuals or entities identified in the Suppie- mentary Conditions, all of whom shall be fisted as addi- tional insureds, and include coverage for the respective ofncers. directors, parmers. employees. agents, consultants and subcontractors of each and anv of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereb}~; .'. include at least the specific coverages and be written for not less than the iirnits of liability provided in the Supplementary Conditions or required b~, Laws or Regulations, whichever is greater. y'~orl: being performed and as will provide protection EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G' 2002 National Society of Professional Engineers for EJCDC. All rights reserved. oc~oo - to ? include completed operations insurance: 4. include conrractttal liability insurance covering Contractor's mdemntrv obli3ations under Paragraphs 6.l 1 and b.2U: ~. contain a provision or endorsement that the coverage afforded will not be canceled. materially changed or renewal refused until at least ~0 days pnor w~rttten nouce has been Uiyer, to Owner and Contractor and to each other additioial insured identified in the Supplementary Conditions u, whom a certificate o insurance has been issued I'and the certincates of insurance furnished by the Contractor pursuant to Paragraph f.03 will so providej; b remain m effect at least until final payment and at all umes thereafter when C'onrractor may he correcting. removim~. or repiacine defective Work in accordance with Para*raph 1~.0~: and 7. with respect to completed operations insur- ance, and any insurance cm~erage writter, on a clatnLS- made basis, remain m effect for at least two years after final payment. a_ Contractor shall furnish Owner and each ether additional insured identified in the Supple- mentary Conditions. to whom a certificate of insurance has been issued, evidence satisfactory u, Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. ~.US Owner ,r Liahilih~ Insw~mzcc A. In addition to the insurance required to be provided by Contractor under Paragraph ~.U4, Owner; at Owners option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner a~~ainst claims which mav_ arise from operations under the Contract Documents. x.06 Pronerh~ Insurance A unless otherwise provided m the Supple- mentan~ Conditions.. Owner shall purchase and maintain propem tnsurance upon the Work at the Site in the amount of the full replacement cost thereof (sub;ect to such deductible amounts as may be provided in the Supplementary Conditions or required bv_ Laws and ke~ulations 1. This insurance shall: 1. include the interests of Owmer. Contractor. Subcontractors. and Engineer. and any other individuals or entities identified ir, the Supplementary Conditions, and the officers, directors, parmers, 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: ~ be w~ttten on a Builders Risk gall-risk' or open peril or special causes of loss policy form that shall at least include insurance for phvstcal loss or damage to the Worl_. temporary buildings. false work, and materials and eoutpment in transit. and shall insure against at least the following perils or causes of loss: fire. liehminu. extended coverage, theft. vandalism and malicious mischief. earthquake. collapse. debris removal. demolition occasioned by enforcement of Laws and kegulations, water damage, (other than caused by flood and such other perils or causes of loss as may be specifi- caliv required by the Supplementary Conditions: .. include e>:penses incurred in the repair or replacement of any insured propem~ (includin~~ but not linvted to fees and charges of engineers and architects;. 4 _ cover materials and equiptz~ent stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated rn the work, provided that such matenals and equipment have been included to an Application for Payment recommended by )/ngineer Owner; :. allow for partial utilization of the Work by 6. include testing and startup:. and ,. bc, maintained in effect until final payment is made unless otherwise aireed to m writm~, by_ Owner. ConTlactor, and 1ngineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required b.' 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 m the Supplementary Conditions, and the officers. directors, partners. employees, a<~ents, 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. Al] the policies of insurance (and the certif- cates or other evidence tnereofl required to be purchased and maintained in accordance with Paragraph x.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at ]east 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a cenifica~ce of insurance has been issued and will contain waiver provisions ir. accor- dance with Paragraph x.07. D Owmer shall not be responsiole for purchasing and maintaining any propem~ insurance specified in this Paragraph x.06 to protect the interests of Contractor. Subcontractors. or otners in the Worl: to the. extent of any EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright r 200'_ National Socieq~ of Professional Engineers for EJCDC. All rights reserved. 00700 - t .~ ~~ 1IP ~~ ~' ~~ !1~ ~' i h ti ~ ^~ ~...,.i h a deductibi; amounts ttaai are idemitied m the Suppie- T.. raentan~ -conditions. i rte rill: of loss w~ithm such identified deductible amount wil; be borne 6~~ Contractor. Suhcon'7actor or others sufferin~~ an.' su:h loss. and if any, of tiaen; cashes properr, tnsurance coverage within the imuts of suci; amounts. eaci; may purchase and matr.tatn n at the purchase; s o~>,„ expense. E if Conrracu)i requests in wr~tinp gnat other sneciu' insurance he included u~ the properr~~ insurance poi~cies pro-,~ided tinges 1'~ra~_rapla f.Ob- Cis-aaer shall. if possible. include such insurance. and the cost thereof will be char<_~ed ui Contractor by appropriate Chane: Order. Pnur to commencement of the Worl: at the Sne. O~~~ner shall it wrinn~~ advise Conuacuir whethet or not such o;iaer insurance ha, 'peen procured by Owner. ^~ O~amer and Contractor )mend that all policies purciaased in accordance with }'aragiaph x.06 will protect Ciwmer_ Contractor- Subcontractors, and En~~aneer. and all othe- indiviciuais or entities identified in the Sunple- naenturv Conditions ro be fisted as insureds or additional insureds land the ofiicers_ directors. partners, employees. aeent consultants and subcontractors of each and anv of titeml in such policies and will provide pnmarv coverage for ^11 losses and damap~s caused by the perils or causes o;~ lass covered there~m. .All such policies shall contain nrovtsions to the effect that m the e~~ent of payment of anv loss or damage tine insurers will have no riehts of recovery against anv of the insureds or addtuona] insureds thereunder. Ov,~ner and Contractor waive all riehts against each other and their respective officers, directors. partners, empiovees, a~~ents, consultants and subcontractors of each and anti- of them for all losses and damages caused bv. arisin~~ out of or resulting ]loin any of the perils or causes of loss covered by such policies and anv other propem insurance applicable to the Work: and, in addition, waive all such riehts against Subcontractors. and En~~ineer, and al] other individuals or entities identif ed in the Suppiementarv Conditions to be listed as tnsured or additional insured land the. officers. directors. pamme*s employ, ees, a~~ents. consultants and subcontractors of each and anv_ of them) under such pcucies for losses and dama~~es so caused. None of the abm~e waivers shall extend to the n~ahts that anv part. mahtn~~ such v:aiver n~av have to the proceeds of insurance held bv~ Owner as Trustee or otherwise payable under arts policy so issued. B Omer waives all riehts against Contractor. Subcontractor. and 1:ngineer. and the officers. directors. partners. empio~~ees_ agents. consultants and subconractors of each and any of them for: 1 loss due to business interruption, loss of use. or other consequential loss e~tendin~~~ beyond direct physical loss or damage to Owrner~s propem~ or the Wor}; :.aus:d bv. arisin~_ out of~. or resulttn~~ from fire or other perils whether or not tnsured b~~ C)wi;er_ and loss or damaee to the cornpieted Yroiect or part thereof caused by. ansin~~ out oi; or resultinc horn fire or other insured peril or cruse of loss covered by am propem~ insurance maintained tin the completed Proiec; or part thereof by O~~~ner dunn~~ partial utiiizauor, pursuant to Parafaranh 1=1 Of. after Substantial C-umpletion pursuant ro Paragraph 14.0'.. or aster tinal pavmem pursuant to Paratraph 14.0-. C. Any tnsurance poiic;~ maimained b~~ (~wnci covenn~~ amp loss. darna!~e or consequential loss referred to in Paragraph ~.0"'.B shall contain proviswn~. to fiat effect fnat in tia: event of pa~~ment o{ am such loss. damati~c, or consequential ions. the insurers call; have no n<~hts of recovery aeaiiast Contractor. Subconuactors- or Enp;neer, and the officer. directors, panaaers, emplttvee_:. acents, consultants and subcontractors o i~ each and am, of tiaem S.Of~ Ret:~tpt aru,~ A~nlicannir of Lisi.n-ancc' Pruceeri.~, A Anv insured ]ors under thr policies of tnsurance required by Para~~raph ~.Ob will be adtusted with Owner and made pay°able to O~nier as fiduciar; for the insureds. as their interests may appear. subject to the requirements of anv applicable mortp~~e clause and of Paragraph x.088. Owner shall deposrt in a separate account any money so received and shall dist7ibute it na accordance with such agreement as the pames in interest may reach. If no other special agreement is reached. the damaged Work shall be repaired or replaced. the moneys so received applied on account thereof: and the Work and the cost thereof co~~ered by an appropriate Chance Grder B Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the pames m interest shall obiect an writin<~~ within 1 ~ days after the occurrence of loss ui Owners exercise of this Hower. If such objection be made. Ouv~er as tduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest rna~~ reach. If no such agreement among' the pames in interest is reached, Ciwner as fiduciary shall adjust and settle the loss with the insurers and. if required in writing b~~ anv pam~ in interest Owner as fiduciary shall grvc• bond for the proper perfomaance of such dunes. .09 ,~ccepraiice o1 Bonds and insurcrnce.~ G~rion w Replace .~.- If eifne- Owner or Contractor has an~,~ obiection ro the coverage afforded by ar other pzovisions of the bonds or insurance required to be purchased and maintained by the other parry in accordance with Amcle ~. or, the 'oasis of non-conformance with the Contract EJCDC C-70(I Standard General Conditions of the Construction Contract. Copyright C 200'_ National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - l G Documents. the objecting pam~ shall so notif~• the other pam~ ir, writing within ] U dav_ s after receipt of the cer<ificates (or other evidence requested) required by Paragraph ~'.OI.B. Owner and Contractor shall each provide to the other suci; additional information in respect of insurance provided a: the other may reasonable reouest. If either pain does not purchase or maintain all oh the hondt and insurance required of such pam~ by fire Connact Documents. such pat?y shall notify the other pa-~n~ m meriting of such failure to purchase prior ro the start of the '~~ ork. or of suet; failure to maintain prior to any change in the required coverage. Without prejudice to any oti;e- right or remedy. the other pang may elect to obtain equivalent bonds or insurance to protect such other parzy's interests at the expense of the pain who was required to provide such coverage, and a Chan~~e Order shall be ;slued to adjust the Contract Price accordingly. 5.]0 Puma; 1_/tilira;iort, Aclcnr;tiviedtnien; ofPrepei-,^, Inaurer A. if Owner rinds it necessary to occupy or use a ponion o; portions of the Work prior to Substantial Completion of al] the Work as provided in Paragraph 14.05; no such use or occupancy shall commence before the insurers providing the propem insurance pursuant to Paragraph 5.06 have aclnowled~~ed notice thereof and in writing, effected an~~ changes in coverage necessnated thereby. The insurers providm<~ the property insurance shall consent by endorsement on the policy or policies. but the propem insurance shall not he canceled or permitted to lapse on account of any such parna] use or occupancy- ARTICLE 6 - C01v'TRACTOR'S RESPONSIBILITIES 6.O1 Supervisaorz and Sunerintcndence A. Contractor shall supervise. inspect, and direct the Work competently and efficientl~~. devoting such attention thereto and applying such sl:ilis and e>:pertise as may be necessary to perform the W ork m accordance with the Contract Documents. Contactor shall be solely responsible for the means. methods. techniques. sequences.. and procedures of construction. Contractor shall not be responsible for the negligence of Ow(rier 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. A` all times during the progress of the Worl:, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Uwner 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 shall be oindin~~ or. Contractor. 6.0, Labor,- 6f~orkrn~~ Hours A. Contractor shall provide competent. smtably qualit""led personnel to survey and lay out the W ore: and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain wood disci- pline and order at the Site. A. E>:cept as otherwise required for the safen~ or protection of persons or the Work or propem~ at the Site or adjacent thereto, and except as otherwise stated in th°c Contract Documents, all ~yorl: at the Stte shall he performed during regular working hour. Contractor will not permit the performance of Wort; on a Saturday, Sunday, or an~~ legal holiday without Owners Nritten consent (which will not be unreasonahl_y with}iet.d) ~~tven alien prior written nonce to Engineer. 6.03 Sen~ices, Materials, and ,/quipnicnr A. unless otherwise specified in the Contract Documents. Contractor shall provide and assume full responsibility for all services, materials.. equipment. labor, transportation, construction equipment and machinery, rook, appliances. fuel, power. light, heat, telephone. water, samtar_y facilities. temporary facilities, and all other facilities and incidentals necessary for the performance, testing, state-up. and completion of the Work. B. All matenals 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 (inciudin~~ 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 tenth instructions of the applicable Supplier. except as otherwise may 'oe provided in the Connact Documents. 6.O4 Progress Schedule A Contractor shall adhere to the Progress Schedule e tablished m accordance with Paragraph ?.0 as it may be adjusted from time to time as provided below. EJCUC G700 Standard General Conditions of the Construction Contract. Copyright ~ 2002 National Socien~ of Professional Engineers for EJCDC. All rights reserved. 00700 - i ~~ ~~ ~' w~' 1~ ~' r~~I .L.~i ~, ~~~ a r„ h r Contractor shall subnut to En~~meer for acceptance Ito the extent indicated in Para~rapi~ ~.0?) proposed ad~usm~ents in the Pro~_~ress Schedule that will not resin! in chaneine the Contract Times- Suclt adiust- ments v,ill compl~~;~~::itn anv provisions of the Ueneral Re- quircmerns appii~able thereto _ Proposed adiustments ~., the Prop=ress Ssnedule that will chan~~e the Contract Times shall be submined in accordnnc~ with the requtrements o? article T id- .~diustmenrs m Contract Mmes mav_ or.i~,~ be rnad: b~.~ :~ Cham~e ~Jrder- t;.C` Sui~,euiutcs a»d "U~~-lcc~ticiis ~~ A- V~~henever an nem of n~ten~~l or equipment is sne~ilied or descri'oed in tht~ Conuaet Documents by L151n<' lhC panic Of a proprieiarl' item Or the P.aII"1C 01 8 nanicular Supplier. ilr: sneciiicanon or desenntion is intended to estabhsii the type. furn iron. appearance- and quality required. unless the specincauon or descnpnon contaui or is followed h~~ wordy, readin~~ that no like. equivulent, t,~r `or-equal~~ item or nu substitution _. permined. other hems of matenal or equipment or matenui or equipment of~ other Suppliers may he submitted to E.nemeer lo; review under the circumstances des:ribed belrn~ I. "O~~-Eaua!'~ penis: If in ;/n~>meer~s sole discrenon an item of matenal or equtpment prooosed by Contractor is functionally equal to that named and sufficiently similar so that no enanee in related Work will b; required, it may he considered by ~n~~ineer as an `or-equal" item. in whieli case review and approval of the proposed item ma}', s. Engineer~~. sole discretion. be accomplished without compliance with some or all of the requirements for approval of proposed subsntute items. For the purposes of tires Paragraph b.O~.A.1. a proposed item of material or equipment will be considered functionaliv equal to an item so named if: m the exercise of reasonable judo>ment ;/netneer determines that: 1) t; i~ at I::ast equal ir; matenais of construction, quaiit} , durability. appearance. siren^_th. and design characteristics: ~l it will reliably perform at least equalie well the function and achieve the results imposed h'.' the dest~n concept of the completed Protect as a functionin~~ whole. 3) it has a proven record of performance and avaiiaoiiirv of responsive service: and b. COn,;actor terrines that. if approved and mco~orated into the Work: 1 j (here will be no increase. in cost to the Owner or increase in Contract Times. and 21 it will confom~ substannall~~ to the detailed requirements of the item named in tn. Conn~act Documents. Suostttutc ]terns ~_ If m i/n2meer~s. sole discretion ai; item of matenal or equipment proposed b~~ Contractor does not aualifr~ as an "or-equal' item under ParaGraph b.U~.A. i. tt will '~~ considered a proposed subsntute nem. b Contractor shall submit sufficient inforrnanon as provided below to aiioti )~m~ineer to detemnne that the item of maieriai of equipment proposed is essennall~ equivalent to ti~at named and an acceptable substinite therefor. l:eauesrs for reviesa° of proposed subsutute items ~~( material or equtpment will not be accented b, Engineer from anvone other than Conrractor_ e. The requirements for review by Ens~meet will be as set forth in Parazrrapii ~6 OS~A.~.d. as supplemented in the General kequirement~ and as En~~ineer may decide is appropnate under the ::ircumstances. d. Contractor shall make wrinen application to fin«ineer for review of a proposed subsntute item of material or equipment that Contractor seeks to furnish or use. The appiicanon l) shall certify that the proposed substi- tute item will: a I perform adequatel}~ the funcnons and achieve the results called for b_v the Genera] design. b 1 be similar m substance to tha? specified. and c j be suited to the same use as that specified: i will state a) the extent, if any, m which the use of the proposed substitute item will preiu- dice Contractors achievement of Substantial Completion on ume: bl whether or not use of the proposed substitute item in the V~.'ori: swill require a change in any of the. Contract Docu- ments (or ir. the provisions of any other direct contrac' with Ov,mer for other work on the Project) to adapt the design to the proposed substitute item: and EJCDC C-700 standard General Conditions of the Construction Contract. CoP7right ~ ?00'' National Society oCYrofessional Engineers for EJCDC. All rights reserved. 00700 - 1>v c) whether or not incorporanor, or use of the proposed substitute item m con- nection with the Work is subject to payment of any license fee or royalt~~: i will identif•~ a) all variations of the proposed substitute item from that spec fled .and b) available engineering, sales.. maintenance. repair. and replacement services: 4) and shall contain an itemized est~- mate of al'i 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 b~, any; resulting change, B. Substitute Consn•uctior~ Methods or Prrce- tiures If a specific means. method. techntaue, 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 infottnation to allow Engineer. in Engineer s sole discretion, to deternune that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to (nose provided in Paragraph 6.OS.A.?. C. Engineer's Evaluannn_ Engineer will he allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.U~.A and 6.U~.B. Engineer may requtre Contractor to furnish additional data about the proposed substitute item. Eneineer will be the sole lodge of acceptabilin~. No "or eoual" 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 anv_ negative deternunation. D. Spacial Guarantee: Owner mav_ require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to anv substitute. Documents jot in the provisions of anv_ other dire::[ connact with Owners resulting from the acceptance of each proposed substitute. Conn•actor's E~;nensc Contractor shall provide all data m suppon of am~ pro posed substitute or "or-equal" at Contractor ~s expense. b.06 Concerning Sarbcontractor~. Suppliers, ur,C/ Ori,err A Contractor shall not eniplov any Subcon- tractor. Supplier, or other individual or entire jincludmg those acceptable to Ovmer as indicated in Paragraph 6 U6.B)_ whether initially or as a replacement, agmnst whom Owner may have reasonable oblecnon_ Contractor shall not be reouired to employ an~~ Subcontractor. Supplier.. or other individual or enrin~ to furnish or perform anv of the Worh against wit om Contracior hay. reasonable obiectior.. B If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers. o; other individuals or entities to be submi tted to Owner m advance for acceptance by Owner h v a specified date prior to the Effective Date of the ,AUreement, and if Contractor has submitted a list thereo!~ in accordance with the Supplementary Conditions, Ciwner's acceptance (either ir. yvritmg or by failin<~ to make written oblecnon thereto by the date indicated for acceptance or objection ir, the B~ddint Documents or the Contract Documents) of any such Subcontractor. Supplier, or other individual or entity so identified maybe revoked on the basis of reason- able 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 ar, appropriate Change Order will be issued . No acceptance b~~ Owner of any such Subcontractor; Supplier. or other individual or entity, whether initially or as a replacement. shall consti- tute awaiver of any right of Owner or Engineer to reiect defective Worh. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities perforrmng or furnishing anv of the Worl: rust as Contractor is responsible for Contractor's oyvn acts and orritssions. Nothing in the Contract Documents: shall create for the benefit of anv such E Engineer's Cost Reimbursement: Engineer Subcontractor. Supplier, or other individual or entity any will record Engineer's costs in evaluating a substitute contractual relationship between Owner or Eneineer and proposed or submitted by Contractor pursuant to arv such Subconvactor. Supplier or other individual or Paragraphs 6.U~.A? and 6.O~.B Whether or not Engineer entity, nor approves a substitute item. so proposed or submitted by Contractor, Contractor shall reimburse Owner for the ~. shall anr'thing in the Contract Documents charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or substitute. Contractor shall also reimburse Owner for the Engineer to pay or to see to the payment of anv moneys charges of Eneineer for makine changes in the Contract due anv such Subcontractor. Supplier. or other individual EJCDC C-7(10 Standard General Conditions of the Construction Contract. Copyright C 2002 National Socierv of Professional Engineers for EJCDC. All rights reserved. 00700 - 19 ~~ •' r *~ ~1 a 1..~~..~ l_ da.~ r~ a r~ o- enntr except a; r..a~ otherwise be required by La~~s ani ]:etrulauons. D (.contractor shah be solei~, responsibie i~or schedultn_ anv coordinann2 the Wor}: of Subconractors. Suppiier~ and other indi:~iduais or entities perfornung or rurnishin_ any o, the '~~~ork under a direct or indirect contrac, with Contractor. f Contractor shall recuue all Subcontractors. Suppliers. ane~ such other inan~ic:ual_ or entines p:r- iornvne or furnishm!~ an•~ of the Worl: to communicate rr-nh 1/nu'uleer throu~~h Contractor. F Tice divisions and sections of the Specinca nonr and th!~ identifications ot~ anv Drawin~~s shall not control Contractor ui dividin~~ the ytiorh amonc Subcon- tructors or Suppliers or delmeaon~~ the Work to be p~~riormcd by ant spccif~c made. ~~ -~11 Wor}: peri~ormed for Contractor h~~ ;: Subcontractor o- Supplier will be pursuant to an appru- pnaie u~~rcement between Contractor and the Subeonuactor or Supplier which specifically binds the Suhconnactor or Supplier to the applicable terms and ainditions of the Contract Documents for the benefit of Owner and En~~ineer. Whenever anv such a!*reement is with a Subcontlacuu or Supplier who is fisted as an additional insured on the pronem~ insurance provided m 1'ara~~raph ~.Ob. the a~>reement between the Contractor and the Subcontractor or Supplier will contain provisions aherebv lice Suhcontrnctor or Supplier waives till tights a~~ainst Owner. Contractor. and 1;ngmeer,. and all other individuals or entines identified in the Supplementar~~ Conditions to be listed as insureds or additional insureds land the. officers. directors. parmers_ employees, agents. consultants and subcontractors of each and anv of them) for all losses and damaees caused hv, ansmg out of. reiatm_~ to, or resulting from any of the perils or causes of loss covered by sucl~i policies and anv other propem~ insurance applicable to the Vvorl:_ If the insurers on am,' such policies require separate waiver forms to be signed b~~ anv Subcontractor or Supplier. Contractor will obtain tn~ Sam::. U.O- Patent Fees uiid ko>>alnes A. Contractor shall pay all license fees and royalties and zssume al] costs incident to the use m the performance of the Work or the incorporation in the W orb of amp invention, design. process. product. o. device ti~hich is the subject of patent tights or cops+rights held b~,~ others. If •~ particular invention. desi~*n. process. product_ or device is specified in the Contract Documents for use !n the performance o; tl:e Work and if to the actual }:nowiedC~e of O~~mer or Engineer its use is subject to patent rights or cop~'rights calling for the navment of an~~ license fee or rovalt`- to others. the existence of such rights shall be disclosed 'ov Owner in the Contract Documenu. B. To the fullest extent pernittted by Laws and kegulations. Contractor shall indemnif~,~ and hold harntiess Owner and Engineer. and the officers, directors. Harmers, employees. a~~ents. uonsuitant; and subcontractors of each and anv o; them from and against ,... claims. costs, 'losses.. and damages t irniudmg but not iirruted to all teas and charges of en«meers_ archnects. anornevs. and other professionals and al] coot, or arbitration or other dispute resolution costsi ansme out oi- ur reiaun<< to anv infringement of pateni ri~_>hts or :on'~^i~=fits incident to the use in the pr'rformance o the V,%orl: or resulunc~ from the incorporation in the Vvorl: of anv invention. desi~~r., process, product. or device- not specified in the Contract hocuments C,.O` f c-rmi,c A_ liniess otherwise provided ir, the Supple- menrarv Condinors. Contractor shall obtain and pay for all construction permits and licenses. U~mer shall assist Contractor. when necessary., in obtaining such permits and licenses. Contractor shall pay all governmentu] char~~es and inspection fees necessary for the prosecution of the Work which are. applicable at fne time of openin~~ of Bids. or. if there ar: no Bids.. on the Effective Date of the Agreement. Owner shall nar~ all char~aes of utility owrners for connections for providing. pern;anent service to the W or}:. b.Ocl Laws mrd Re~uiation.r A. Contractor shall give all notices required ~m~ and shall comply with all Laws and ke~ulations applica- ble to tiro performance of the Worb_. E>:cept where otherwise expressly required h~~ appii::abie Laws and Rey*uiations. neither Owner nor r.n~_>meer shall be responsibie for momtonng C;ontractor~s compliance with anv Laws or Regulavons. B. If Contractor perfornv any Worl: l:nowm~~ or having reason to know that it is contrary to Law, or Re~~uiations, Cont7actor shall bear all claims, costs. losses, and damages 1 including but not limned to all fees and charges of engineers, architects. anorrevs, and other professionals and all coup or arbitration or other dispute resolution costs) ansin<_ out of or relaun~~ to such Wori.- However. it shall not be Contractors pnmarv responsibilitti~ to mane certain that fne Specifications and Drawings are m accordance with Lars~s and Regulztions. but this shall not relieve Contractor of Contractors obligations under Paraorapil .G3. C. Changes in Laws or Regulations not l:nou~n at the time of openine of Bids (or, on the Effective Date of the Agreement if there were no Bids) Navin<~ an effect on the cost or time of performance of the Wori: shall be the suoiect of an adjustment in Contract Price or Con~. act Times. If Owner and Contractor are ttnable to agree on entitlement to or on the amount or extent, if an}~, of any such adjustment, a Claim mav_ be made therefor as provided m Paragraph 10.U~. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G 2002 fvational Society of Professional Engineers for EJCDC. .411 rights reserved. 00700 - 20 6.10 Taxes A Contractor shall nay all sales, consumer.. use. and other similar taxes required to be paid 'by Contractor in accordance with the Laws and Re~Tulations of the place of the Project which are applicable dunng the performance oi~the Work. 6.1 l Use of Site mid Other Areas A. Lirrutation on lise of Stte and Other Areas 1 Contractor shall confine construction equip- ment, the storaee of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction eyuipn,em or other materials or equipment. Contractor shall assume full responsibility for anv dama~~e to anv such land or area, or to the owner or occupant thereof. or of an~~ adjacent land or areas resulting from the performance of the Worl:. ?. Should any claim be made by an}~ such owner or occupant because of the performance of the Work. Contractor shall promptly settle with such other pain by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3 To the fullest extent permitted by Laws and Regulations. Contractor shall indemnify and hold harmless Owner and End=ineer, and the officers. directors.. partners. employees. agents, consultants and subcontractors of each and any of them from and against all claim:, costs, losses. and damages (including but not limited to all fees and charges of engineers, arenitects, anorneys. and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relatin~~ to anv claim or action. legal or equitable. brousht b:' anv such o~mer or occupant against Owner. Engineer. or any other pain indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal 01 Debits During Pefformmtce of the >~~ork~ During the progress of the Worh 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 debns shall conform to applicable Laws and Regulations. D Loadui~ Sn-i~crrn-es: Conr.-actor shall not load nor permit an,, pan of anv structure u> be loaded in any manner that will endanger the structure. nor shall Contractor subiect any pan of the W~orl; or adjacent propem to stresses or pressures that will endan<_*er ti. b.l ~' Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings. Specifications. Addenda. Change Orders.~Work Change Uirecuves. Field Grders. and written interpretations and clarifications in eood order and annotated to show chart des made durtne construction. These record documents toeether with all approved Samples and a counterpart of a 11 approved Shop Drawin<<*s will be available to Engineer for reference. upon completion of the Work. these record documents. Samples. and Shop Drawin~~s will be delivered to l;n~~- neer for Ovt~ier. 6. i 3 Saien~ and Protection A. Contractor shall be solei_v responsible for initiating. maintaining and supervising all safety precau- tions and pro~~ram5 in connection. ~~ith the. Work. Contractor shall take al] necessary precautions for the safety of, and shall provide the necessan~ protection to prevent damage, injury or loss to'. 1 all persons on the Site or wh o may be affected by the W oil:~. '_'. al] file Work and matenals and equipment to be incorporated therein,. whether in storage on or off the. Site: and ~, other propem at the Sit° or adjacent thereto.. including trees, shrubs, law~ris, walks, Davements, roadways, structures. utilities, and linder~round Facilities not desienated for removal, relocatioi:, or replacemem in tine course of construction. B Contractor shall comply- with all applicable Laws and Regulations relating to foe safety of persons or propem, or to the protection of persons or propem 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 lindereround raciiities and other utilm owners when prosecution of the W oil: may affect therrL and shall cooperate with them in the protection.. removal.. relocation, and replacement of their propem. C. Cleaning Prior to Substantial Completion of the W'orl: Contractor shall clean the Site and the Work C. All damage. injury, or loss to any propem and make it ready for utilization by Owner. At the coin- referred to in Paragraph 6.13.A? or 6.1 ~..A.~ caused, pletion of the Work Contractor shall remove from the Site directly or indirectly, in whole or m part.. by Contractor. all tools, appliances. construction equipment and any Subcontractor. Supplier. or am- other individual or machinery, and surplus materials and shall restore to entity directly or indirectly employed by anv of them to oriaina] condition al] property not designated for perform anv_ of the W oil:, or anyone for whose acts anv of alteration bv_ the Contract Documents. them may be liable.. shall be remedied by Contractor (except damage. or loss attributable to the fault of Dra~y- EJCDC C-700 Standard General Conditions oithe Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 0070(1 - 2] ~~ ~' r~;~ ~~ r`1i a a ~~ E a in ,s or Shecincauons or to the acts or omissions of ~~~rner or )/ngineer or or anvone employed h. anv of then,. or anvone for wi~ose acts an~~ o men~~ ma~~ be~ iia~ole. and not am~ibutabie_ directi~~ ar indirecti~- m whole or ui part. u, tine iauit or neai:cence of Contractor or anv Suhconuacto:. Supplier. or other Individual or ennr~ dire~tl~. or indtrectiv emplo~~ed h.. an'.' o tnemi D Contractor ~s done; and respansi,bilities for satcty and for nrotecuon of the y'v'orl: shall continue unr,i such ume as all tilt yz~t,rl: is completed and I/nuineer i~ias ;sued a nonce to Ci~~~ner and Contractor n; accordance ~~~r.h 1'aragrapit l a ii? I~ that the ~ ori: is acceptable iexcent a; otherwise expressl~~ provided u~ com~ecnon ~~~uh uhstantial Completion i. t,_.-, .Su;c•r,~~ ili~nrC~.cc°» iarn~t~ _ Contractor shall designate a aualiiied and cnenced sa]en representau~~e at tit: Stt•° ~s,hose Buttes anti r,sponsibiitties shall be the prevention oi~ accidents and the maintainm~~ and supenisin!~ of saleiv precautions and nrcr,~ram G.1.` Heard Cnntnuuaicatuin Frnt~rum~ ?. Contractor shat} b: responsible• ]or coordi- naune anv ezchaug:• of matena! saietr data sneers or other Hazard communication iniormanon required to be made available to or exchanged 'between or amon~_ employers at the She in accordance with Law; or Re~~ulauuns. 6.1(i Emer,tenct~r In emer_encies affecting the safety or protec- tion of persons or the Work or property at the Site or adiacent thereto. Contractor is obligated to act to prevent dircatened damace. inlur,~. or loss. Contractor shall wive l:n~~ineer prompt ~~~ritten notice if Contractor beneves that anv st~zniftcant changes in the Worl~: o- variations Trom the Contract Documents have been caused thereby or are reauired as a result thereof. If Pn~~ineer detemvnes that a charnce in file Contract Documents is required because of the action taken by Contractor in response to such an emercenc~,~. a W'orl: Ciian~~e Directive or Chan~~e Clyder ~~~ili be issued. G.'.- Si,op Lh-a>n~tn~s mid Samples P: Contractor shall submit Snop Drawm~s and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Subnvttals i as reouued by Paragraph ~.07j. Each subrruttai ~~~il] be identities as En~~ineer may require. 1. Shop Drawings. a. Submit number of copies speciried in the General kequirements. b. Data sho~'rT on the Shop Drawmes will h° complete v.~ith respect tti quantities. dimenstons~ specified performance and dest_~n cnterta. matenais, and sinular data u, s ho~~ En~~ineer tits sen~ices, materials. and equipment Contractor proposes to provide and to enable En~~n~eer to review the information for file iirnited proooses required b}• Paragraph 6 i ~.D. Smnnles Contractor shall also subnvt Samples to Engineer for re~~te» and approval in accor- dance with the acceptable schedule of Stoop Dra~~. m~~s and Sample subnurtals. a Submit numoer of Samples specified ut rite Specifications. b. Clean} identify each Samp ]e a to ntatenal.. Supplier, penment data such as cataloe numbers. the use for v:hich intended and other data as Engineer may require to enable Engineer tc, review the subnvna] for the limned purposes required by °aragraph 6. i?.D- B Where .~ Shop Drawtn~~ or Sample is reauned by the Contract Documents or the Scheeiuit~ of Subnuttais any related Work periomoed prior to ~ngmeer~s revies~ and appro<<•al of the penment subrmttal will he at the sole expense and responsibinrv of Contractor_ C. Submittal Procedures 1. Before submtttm~~ each Shop Drawtn~_ or Sample.. Contractor shall have detemnne d and verified: a. all Held measurements. quantities- dimensions specified performance and desi~~n criteria. installation requirements, materials.. catalo~~ numbers, and similar mfom~ation with respect thereto; b. the suitability of all materials with respect to intended use, fabrication. shippm~_. handiin~„ srorage. assemnl~°. and installation pertamin~~ u the rerforrnance of the `rv'or}:: all inforrnanon relative to Contractors responsibilities for means. methods. tecnmoues. sequences. and procedures of construction, and safety precautions and programs incident to°reto: and d. shall also have reviewed and coordinated each Shop Drav~2ng or Samp]e with other Shop Drav.rings and Samples and with the requirements of the ~'or}: and the Contract Documents. ?. Bach submittal shall bear a stamp or specific written certitication that Contractor has satisfied Contractors obligations under the Contract Document; EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -" with respect to Conrractor~s review and approval of that subrriitta 1. 3 With each submittal. Contractor shall dive Ens=ineer specitic written notice of anv variations. that the Shop Drawing or Sample may have iiom ±he reouirements or the Contract Documents. This notice shall be both a vc7itten commumcauon separate from the Shop Drawing's or Sample Submittal:. and, m addrtion. b~ a specific notation made on each Shop Dr awing or Sample subrrnt- ted to Engineer for review and approval of each suet: variation. D. En~~i~~ecr's Rev~et,~ 1_ Engineer will provide timely review of Shop Drawim~s and Samples in accordance v,=itn the Schedule of Submitta}s acceptab}e. to Engineer. Engineer's review and approval will be on]_~~ to determine if the. items covered by the submittals wi1L after mstaliation or inairporauon m the Work. conform to the information ~~iven in the Contract Documents and be compatible with the design concept of the completed Protect as a funcuonin_~ whole as indicated bV the Contract Docu- ments. Engineer s review and approval will not extend to means. methods. techniques, sequences, or procedures of construction (except where a pamcular means. method. technique, sequence, or procedure of con- struction is snecitically and expressly called for by the Contract Documents ~ or to safety precautions or prot>ram~ incident thereto. The reviev, and approval of a separate item as such will not indicate approval of the assembly in which the item functions. ~. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of ~~aragraph 6.1~.C.? and En!~tneer has given written approval of each such variation by specific written notation thereof incorporated in or accompanyin<__> the Sitop Drawing or Sample. Engineers review and approva) shall not relieve Contractor from responsibility for complying with file requirements of Paragraph 6. ] ?.C. i . E. Resubmutal Procedures 1 Contractor shall ma}:e corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit. as required. new Samples for review and approval. Contractor shall direct specific attention in vomiting to revisions other than trip corrections called for by Engineer on previous subrruttals. 6.1 ~ Co~ztinutng the td~ork disagreements with Owner. No Worl: sJZall be delayed or postponed pending resolution of any disputes or disagreements. except as permitted b~ t~ crag; aph i 5.0-.' or as Owner and Contractor may otherwise agree in wntin~a b.ly Coiin~actor's General bf~arrann~ and Guarumec A.. Contractor warrants and guarantees to 0~~~~e; that all ~~%or}: will be in accordance with the Contract Documents and will not be defective. En~~ineer and its Related Entities shall he entit:ed to rely ~n representation of Contractor s warranty and guarantee. B. Contractors warranty and guarantee hereunder excludes defects or dama~~e caused hy. 1 . abuse. modification, or improper maintenance or operation by persons other than Contractor, Suh- contractors_ Stipp}tern, or any other individual or entav_ for w}tom Contractor is responsible: or 2. norma} wear and tear under n ormai usag=e C Contractors obligation to perform and complete the VJor}: m accordance with the Contract Documents shall be abso}tire. None of the follnwm~~ will constitute an acceptance of Wor%: that is not m accordance with the Contract Documents or a release of Conractor~s obligation to perform the Work w accordance with the Contract Documents: 1. observations by Engineer: 2. recommendation by En~~ineer or pavtnent by Owner of anv progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any pa~mient related thereto by Owner; ~'. use or occupancy of the Work or an_v part thereof by Ovzmer; ~. any review and approval of a Shoe Drawing or Sample submittal or the issuance of a nonce of acceptabil- trr by Engineer; 6. any inspection, test. or approva] 'by ofners: or -. anv correction of defective W orl: by Ovtmer 6?0 Indenvziiication ?.. To the ful}est extent permitted by Laws and Reeuiations. Contracto; shall indenuiifv and hold harnvess Owner and Engineer, and the o facers. directors, partners, emp}ovees, aeents. consultants and subcontractors of each and any of them from and against all c}aims, costs; losses; and damages (including but not ~. Contractor shall carry on the Work and adhere }irrnted to all fees and charges of engineers, architects. to the Progress Schedule during all disputes or attomevs, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 23 ~~ f' a ~I' l-:_+~r .~ :a h arbaation or other dispute resolution costs i arising out of o: relanni! to the performance of the Work. provided that any such claim. cost. loss. or damaUe is attributable to bodii~, tntur,. stcl:r:ess. disease. or death. or to tntury to or desm~cnon of taneibi_ prooem' l other than the Vdork itself j- in: iudtm_~ file loss of use resuitin~~ therefrom 'bu. only to the extent caused b~~ anv ne~itgent act or onvsston 01 Contractor. am,~ Subcontactor. anv Supplier. or am' tnat.~isuai nr cent.- directly a indirectly employed b~~ any of ti~em to nerrorm an~~ of the Work or anyone for whose acts an~.~ of them me~~~ he ;table . ]; hi am' and all elates against Owner or -n~~ineer or any, of their respective consultants. agents. ofilcer~. dtrector~. parmers. or employees by an~~ empioy- e~ lo! the survivor or personal re~presentat,v: of such empioveel Ui Contractor, anv Subcontractor, any Supplier. o- :;n:~ tndtvtciual or entity dtrecti~d or tndirectl~~ emnitwed h~~~ an~~ of them to perform anv of th:- Work. or .. anyone for wltusr act: an~~ of ti~em ma•,- ~,, nacre. the tndemniiication ohlt<~auon under Para raph b?O.A shall not be itnuted to anv way by anv limitation on the amount ur type of damages. compnsanor.. or benefits payable b}~ or for ~::ontacmr or an~~ such Subcontractor. Supplier, or ether mdtvidua] or entity under workers compensation acts, dtsabiitt~ beneYit acts, or other employee benefit ^cts. C The mdemniftcation obli~_>ations of Contractor under 1'ara~*raph 6.2U.?. shall not extend to the liabiiirv of f/ngineer and Ens>rneer~s officers. directors. parmers. employees. at<ents, consultants and subcontractors arisin~~ out of ].the preparation or approval of. or the failure to prepare or approve,. maps.. Drawin~~s. opinions, reports, surveys, Change Orders.. designs. or Specifications or ?. giving directions or instructions.. or failinc to dive them. if that is the primar} cause of the iniurv or damaee. iJ.? 1 Delc~gattan o1Prnlessiorral Dest~n Sewices A. Contractor will not he required to provide professional d~si~*n servtces unless such services are specnicaliv required b_y the Contract Documents for a peeler, o; the Mori: or unless such services are required to carry out Contractors. resporsi'oiiities for construenon means. merhods_ techniques, sequences and procedures. Contractor shall not be required to provide professional services m violation of applicable lava. shall appear on all drawings. caicuiations. specifications. cernticanons. Shop Drawings and other subtnittais arepared by such professional. Sinop Drawings and other subnvrals related to the Worl: destined or cenified by such professional if prepared by others- shall bear such professional's wTtnen approya's wizen su'onvtted w ~r.gtneer. G Omer and En~ameer shall be entitled to rely upon file adequacy, accuracy and completeness of the sen~tces. cenif;cations or approvals performed b~~ suci~ deli<_n professionals, provided Owner and En~,ineer have specified to Contractor all perfornaance and desr~~n criter;a that such sernces must satisfy. D. Pursuant to this Paragraph 6? 1. i/m~ineer~s reytew and approval of design caicuiations and dest«n drawin~~s will be only for the linvted purpuse of checkrn~~ for conhormsnce with performance and desi]>n crne~ria ~~~~ and the desi~~n concept ~~:pressed in the Contra; Documents. Engrneers revrew~ and approval of Shop Drawinf~s and other submittals I except design calcuianons and desi~~n drawm~rsi wit] be only for the purnosc stated m Paragraph b.l ; .D 1. E. Contractor shall not be responsible for the adequacy of the performance or d~sr~rn criteria required by the Contract Documents. ARTICLE 7 - OTHEP. WORI~~ AT THE SITr ?.Ol Related tih'or-k at Sire A. Owner may perform other wor}: related to the Project at the Stte with Ov<>z~er~s employees. or vin other direct contracts therefor. or have other wor}: performed by utiii;~~ owners. If such other work is not noted m the Con- tract Documents, then: 1. ~yritten notice thereof will be eiven to Contractor peer to starttn~_ any such other work: and ~'. if Owner and Contractor are unable to agree on entitlement to or on fee amount or extent. ii and, of anv adjustment in tine Contract Pace or Contract Ttn:es that should be allowed as a result o? such other wori_. a Claim ma_v be mate therefor as provided in Paragraph I0.0~. B. Contractor shall afford each other contractor who is a partti~ to such a direct contract. each affil^~ ow~net B. Ii professional design servtces or and Owner, if Owner is performing other work witi~ cenincations by a design professional relzted to systems, Owners employees.. proper and safe access to the Stte. a materials or eeuipment are specifically required of reasonable opportunity for the intoduction and storage of Contactor b}' the. Contract Documents. Owner and materials zed eouipment and the execution of such other ~noineer will specify all performance and design criteria wort.; and shall properly coordinate the VJorI_ with (heirs. that such services must saris(}-. Contractor shall cause Contractor shall do all cutting, fitting. and patching of the such services or certifications to be provided 'ov a Work that may be required to properly conned, or properly licensed professional whose signature and seal otherwise make its several parts come toe°ther and EJCLC C-700 Standard General Conditions of the Construction Contract. Copyright C5 2002 ?vational Society of Professional Engineers for EJCllC. All rights reserved. 00700 - 2; properl~~ integrate with such other work. Contractor shall not endanger anv work of others ov 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 dunes and responsi'oiliues of Contractor under this Paragraph are for the benefit of such utilirv owners and other contractors to the eztem that there are comparable provisions for the benefit o~ Contractor in said direct contracts 'oetween Owner and such utility owners and other contractors. C. If the proper executors or results of anv par, of Contractors Work depends upon work performed b~ oti:ers under tuts Article ?, Contractor shall inspect such other work and promptly report to Engineer in wrinng any delays, defects. or deficiencies in such other work that render it unavailable or unsurtabie for the proper execution and results of Contractors Work Conrractor~s failure to so report will constitute an acceptance of such other work as tit and proper for integration with Conractor~s Work except for latent defects and deficiencies in such other work. 7.02 Cnordi7satio7a A. if Oumer intends to contract with others for the performance of other work on the Protect at the Site. the followin<> will be set forth to Supplementary Condi- tions. 1 the individual or entity who will have authority and responsibiltry for coordination of the acnvtties among the various contractors will be identified; 2. the specific matters to he covered by such authority and responsi'oiiiry will be itemized:. and 3. the extent of such authoriry° and responsibili- ties will be provided. B. liniess otherwise provided m the Supplementary Conditions. Owner shall have sole authority and responsibility for such coordination. 7.0; Legal Relan~onsl7ips P.. 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.O1.A shall provide that the other contractor is liable to Ovmer and Contractor for the reasonable direct deiav and disruption costs incurred 'by Contractor as a result of the other contractors actions or inactions. C Contractor shall be liable to Owmer and any other contractor for the reasonable direct deiav and disruption costs incurred b}' such other contractor as a result of Contractors action or inactions. ARTICLE ~ - OWNERS RESPONSIBIi~ITIES 8.01 Commw7lcatinns to Conn-acro7 A. Except as otherwise provided in these Genera? Conditions. Uvvner shall issue all corrununicanons u, Contractor through Engineer. 8.02 Rep['acemen[ oi~Engineer A. In case of terminanon of the employment o;~ Engineer. Owner shall appoint an engineer to whop; Contractor makes no reasonable ob~ecuor. whose status uncle- the Contract Documents shall be ftzat of the forme; Engineer. A Owner shall promptly' furnish the data required of Owner under the Contract Documents. 8.04 Pat YY77en Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.0. 5.0~ Lands and Eas~entents. Reports ¢~rd Test'> A_ Owner's dunes in respect of providmg lands and easements and providing engineering sun'evs to establish reference points are set forth in F'aragranhs 4.01 and 4.0~. Paragraph 4.02 refers to Owners identiivtn~~ and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of ph}~sical conditions in or ref ating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparine the Contract Documents. 5.06 Insurance A. Owners responsibilities. if anv. in respect to purchasing and maintainin<~ iiabi]it,_ and propem insur- ance are set forth in Article ~. 8.07 Chmzge Orde7•s A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 I7TSpecrions, Tests, and Approvals A. Owners responsibili*,y in respect to certain inspections, tests. and approvals is set forth ir, Paragraph 13.03.B. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C- 200'_ National Society of Professional Engineers for EJCDC. .All rights reserved. 00700 - 2_° '~,0~1 :,Il7711LIt(U/?S (177 1~11g1P7' S' R~SDO?7 S7Ddl]IlB~ .. the Ovmer shall ^ot supervise. direct. or have control or authontt~ over. nor be responsi~ole for.. Conr,actor~s means. method.. techniques. seauences. or procedwes of Constructor,. or the safety precautions and nro<=rams incident tilerero. nr for an~.~ failure of Contractor t~~ comply whit La~~~~~ and ke~~uiauon~ applicable to the performance of the Vdorl:. Owner ~s-ill not be responsible for Contractor failure to perform the ~~'orl; m accordance with the C:ont;act Documents- ~.](1 (/71 (i LS%~USCC~~ Hlcal-n(J i(~ 1111'17"077777 P!i1Qi~ l_ U71 CIi 110A A. ONmer~s responsibihn~ in respect to an undis- ciosed Hazardous Environmental Condnion ~s set forth in ~aragrapil -l.Ub. ~.l 1 ~.vidcncc ~,/ Fnuzitc~iu7,1 rran~~c~nu:ms A. I;~ and to the extent C)wner has agreed tr. furnish Contractor reasonable evidence that finanetal arrangements ha~~e been made to satisfy Owners oblis?anons under the Contract Documents, Qwner~s responsibiliil~ in respect thereof will 'oe as set forth in the Supplementary Condnions_ ARTICLE ~~ - ENGINEER'S STATUS DUI:ING CONSTRUCTION 9.01 O>^nter's Representative A. Engineer will be Owners representative dunn~~ the construction period. The duties and responsi- bilities and the limitations of authority of )=,n~ineer as Owner's representative during, construction are set forth in the Contract Documents and will not he changed without written consent of Owner and Engineer. 9.0? Yisit~ to Si~~ A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necessary m order to observe as an experienced and qualified design professional the progress that has been made and the oualirv of the. various aspects of Coniractor~s executed Worl:. Based on information obtained during such visits and observations. Engineer. for the benefit of Ov~mer. will determn:e, ir. general. if the Vv~ori; is proceeding ir. ac ordanee ~t~ith the Contract Documents. Engineer will no: 'ee required to make ea;haustive or continuous inspections on the Site to check the quality or auantin of the Work. Engineers effons will 'oe directed toward providing for Owner z greater degree of confidence that the completed ~>vork will conforZn generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep O~~ner informed of the progress of the «~ori,; and will endeavor to ward O~'`~ter aa~atnst defective \A- or:~; B Engmeer~s visits and obsen~ations are subject [o all the iim~tations on En«tneer ~ s authority and resnonsibiiin set forth in Paragraph 9.09. Paniculariv-but «~ithout limitation. during or as a result of "neineer's ~,~isits ur obser`~auons of Contrsctors ~rorl: Ei.gmeer ~r~ill not supervise. direct. control. or ha~2 authorize over or be responsible for Contractor s means. meti-lods. technique. sequences. or procedures or consn-uction. or tii:° safer precautions and programs incident thereto. or for an~~ failure of C:onrracror to comply ~'r•nh La~',~s and Regulations applicable to the perromlance of the W~orl;. 9.0. Prv~eci .Rc~?re.ti~cnutrit~r~ A. If Ownner and ;/ngineer at>ree, Pngtnecr will turnish n kesidern Project }Zepresentanre u~ assist Engineer in prnvidtng more extensive observation of the W~ur}: The authorin~ and responsfoilnies of ant such kesident Project Representative and assistants will be ^. provided in the Supplementary Conditions, and ltrrntations on the responsibiiines thereof will be a; provided m Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Sitc wht~ is not Engineers consultant. agent or emplcwee. the responsibilities and authority and linutations thereon uf~ such other individual or entity wiL' be as provided m the Suppiementarv Conditions. 9.0=1 ,9ullinriced l~ariatinns in I~Y~~n-k A. Engineer may authorize minor vananons in the Worl~: 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 Protect as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished b~~ a Field Grder and will he binding on Owner and also on Contractor, was shall perform the VJorl: involved promptl~~. If OwTer or Contractor beite~ves that a Field Order iusnfies an adjustment in the Contract Price or Contract Times. or both, and the pames are unable to agree on entitlement to or on the amount or extent. if am , of-any such adjustment a Claim ma~~ be made therefor as provided in Para>rapli 10.0- 9.0 Reiectiri~ Defective Work A. Engineer will have aufhont~~ to reject fork which Engineer believes to be defective. or that En~~meer heiieves will not produce a completed Protect that conforms to the Contract Documents nr that vriii prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated b} the Conl7act Documents. Engineer will also have authonn~ to requite special inspection or testin~_ of the Wori: as provided in Paragraph 13.04, whether or not the tiJorl: is fabricated. installed. or completed. EJCllC C-7U0 Standard General Conditions of the Construction Contract. Copyright C 200? National Society of Professional Engineers for EJCUC. All rights reserved. 00700 - 2f 9.06 Sitop Dratti•urgs~ Ciiaitge Orders and Payments A In connection with Engineer s authont\, and }imitations thereof. as to Shop Dravmgs and Samples, see Paragraph b.l B. in connection with Engineer s authonty. and }itrutations thereof. as to design calculations and design drawin~ss submitted in response to a deie~_>ation of proi~essional desittn services. if an~~, see Para f=raph b..' 1. C 1n connection with Engineers authonty as to Chan~~e Orders, see Articles 10. 1 land 12. D In connection with ?=nt~ineer's authority as to Applications for Payment, see Article 1-I. 9.0" Derer»nraanuns in! Chin Pnce Yi~~ork A. ;engineer will determine the actual quantities and classifications of unit Pnce Wor): performed by Contractor- En«ineer will review with Contractor the Engineer s prelirrunarv determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise ]_ Engineers v«men decision thereon will he final and bmdin~~ (except as modified h~~ Engineer io reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Para~'ranh 10.05. 9.OS Decisunts on Requt~remertrs o~ Conn-acr L~octnnents and slcceptabilitl~ of GG'ork 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 bet~~een Owner and Contractor artsm~~ pnor to the date final payment is due relating to the acceptability of the Wor}:. and the interpretation of the requirements of the Contract Documents pertaimng to the performance of the Work. will be referred initially to Engineer in ~mnng within 30 days of the event giving rise w the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor 'oeiieve that am~ such decision entitles them tc~ ar, adjustment in the Contract Pnce or Contract Times or both.. a Claim may be made under Paragraph 10.0=. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph ] O.OS.B. C Engineer's written decision on the issue referred will be final znd binding on Owner and Contractor, subject to the provisions of Paragraph ] 0.05. nartialit}~ 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 %imitatioris on Engineer's Autii~~rin and Responsihiiiries A. Neither Engineers authority or responsibility under this Anicie 9 or under any other provision of the Contract Documents nor any decision made by En~r,neer in ~~ood ;with either to exercise or not exercise suck authority or responsibility or the undertaking.;, exercise. or performance of any authority or responsibi}irv b•,; Engineer shall create, impose. or <~ive rise to any duty m contract, ton, or otherwise o~~ed h~~ En~aineer w Contractor. any Subcontractor, any Supplier. any other individual or entity, or to and-° surety Tor or employee or agent of any of them, B En~~ineer will not supervise, direct. control, or have authonty over or be responsible for Contractors means. methods. techniques, sequence<. 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 Wor}:. Engineer will not be respon- sible for Contractors failure to perforn. 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 Worl;. D. Engineer s review of the final Application for Payment and accompanying documentation and al] maintenance and operating instructions.. schedules. guarantees, bonds, certificates of inspection.. tests and approvals, and other documentation required to be delivered by Paragraph ] 4.07.A will only he to deter-rmne generally that their content complies with the require- ments of and in the case of certificates of inspections.. tests, and approvals fnat the results certified indicate compliance with the Contract Documents. E The limitations upon authonty and iespunsi- bilirv set forth in this Paragraph 9.09 shall also apply to. the Resident Project Representative, if an}', and assistants.. if any. ARTICLE l 0 -CHANGES IIy' THE W ORhC: CLAIMS lO.OI ,9uthorized Changes in the YY'ork P.. Without invalidating the Contract and without notice to any surety. Owner may, at any time or from time to time, order additions, deletions.. or revisions in the. D. When funetionin~* as interpreter and judge Work by a Chan~~e Order. or a Work Change Directive. under this Paragraph 9.Oi, Engineer will not show upon receipt of any such document- Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©200'_ ;tiational Society of Professional Engineers for EJCDC. All rights reserved. 00700 - ?' ~~ A~ 1~ ~' ~i ~' ~. ~~ ~~ ~, ~, ~~ N w r nromati. proceec ~>r~itii the W'or}: mvoived which will be penormed under the applicable condinon_ or the Contract Documents i except as otherwise specificali~~ provided i B If C?u~ne~ and Contractor are unable to a«ree oi; ennticrnent tu_ or nn the amount or extent, if an~~. of an adiusmi~~nt m the Contract Pace or Contract Times. or host:. that should be alio~:~ed as a result of a Wort: Chan<_e Duect,v~. a Ciaim ma~~ be made therefor as provided in Parat~rar,ii 10.0 ](i.(I~ (i~uii;ri;nr._c~ri Chun~~~s in Ih[~ 14-orti :'v-Contractor shall not be entitled to an increase tat the Conn act }'nee or an extension o? the Contract Tulles with r~csnect to any worl: performed tiia; is not reainred n~ the Contract Documents as amended, modifies!. or supplemented as provided in Para!~rapii 3_u4_ except m the ; ase of an emer~~enc~ as provided in 1'ar~_~ranit t,.16 or m th% case. of uncoverin_ Work as pro~~ide~d ui Ptn~ae; opts i 3.il~l.h. 10.03 E~ecr~n~u, nl Ciiun~~c ~~rrlet~~ P.. C1v,~ier and Contractor small execute appropn- aic Change Orders recommended by ;/n!~ineer covennc: i. chan!~es in the W%or}; which area iii ordered h~.~ Owne- pursuant to Para~>Tap}~i ]0.O1.A. (ii) required because o>"acceptanee of detective Work under F'araeraph i ~-Oh.A or Ciwner~s correcnon o. defect;ve Work under Para«raph 13.09, or 1 iii) agreed to by the parries: '_'. chances in the Contract Price or Conuact Times which are agreed to by the pames. including an~,~ undisputed sum or amount of time for Worl: actually performed m accordance with a Work Change Directive: and ~. changes in the Conrract Price or Contract Times whicp emood_s~ the. substance of am written decision rendered 'n~ ~ngineer pursuant to Paraeraph U.f?~; provided that. m lieu of executing an~~ such Change Order. an appeal may be taken from any such decision in accordance with the provisions of the Contract Da:.uments and applicable Laws and kegulations. but Bunn-~ an~° such appeal Contractor shall cam on the V,%orl: and adhere to the Progress Schedule as provided m Par a~>7aph 6. ] i.A. i t~ 04 Nociir.carion to Sur en A If notice of any change afrectin~~ the veneral scope of the Worl: or the provisions of the Contact Documents (including. but not limited to. Contract Price or Contact Timesj is required by the provisions o; an~, bond to be given to a surer, the ~ivin~ of any such notice will be Contractors responsioilit,~. The amount of each appiicab]e bond till be adiusted to reflect the effect of any such chance I0 0:~ Claims P,. ~n~incer ~~ lJeci.rioia Recd+i ~-t~r Ali Claims. e~: ent rhos: waived pursuant to Paragrapl: 1 ~.Oy. shall be referred to the EmTineer for deciston_ A decision br ~n<_-ineer shall be required as a condinon precedent to an. ..xercis~ by Owner or Contractor of an~~ nchts or remedies enher mac otherwise ha~~e under the Connact Documents or b',' ;,ate s and Rettilanons in respect of ~ such Ciaims_ B ~~~irrce ~l~ntten nonce sta tim_ the eenerai nature of cacti Ciaim. shall be delivered h~~ rite claimant u~ ;in~_ineer and the other pam~ to the Conrractprompti~, (bu: ni nn e~~ent later than 30 davsl aster the star of rite event L'i~'1nC r1Se tllerel0- "hhe' re SpOP,Slblht~' t0 Suhstantlal, :1 Ciaim shall rest with the pam~ maian~~ [hc Ciaim. Noucc of the amount or extent of the Claim. with supponim~ date shall he delivered to the Engineer and thy- other parr}' t~~ th:~ ~:ontract within (il) days after rite start of such event lunless 1/n~~ineer allows additional nm~ for claimant u, submit additional or more accurate data in support oi~sucl, Claim)_ .4 Claim for art adtustment ni Contract Price small he prepared m accordance with th C provisions o; Paragraph L'.OLB. A Claim for an a<iiusnncnt m Concaci Time shall be prepared in accordance t>,~~th the provisions of Para=raph ??.0?.B. Each Claim shall be accompanied by claimant's written statement that the ariiustment claimed is the entue adtustment m wiZicli the claimant believes it is entitled us a resuh of said event. The opposing party shall submit any respons e to Engineer and the claimant within ~(~ days after receipt of the ciaimant~ last submittal t unless >/n~~ineer allows additional nme ~ C Engineer a~ Acnnir )=,n~~rneer will revie~>,- each Claim and. within 3U days after receipt o[ rite last submittal of rite claimant or the last submittal o; the opposin~~ parn~, if an~~, take one of the following actions in writine: 1. deny the Claim in whole or in part. ?. approve the Claim.. or =. notify the parties that the Engineer is unable to resoi~,~e the Claim ii in the En[[>ineer~s sole discretion. it would be inappropriate for the Engineer to dci so. For numoses of further resolunon or the Claim. such notice shall be deemed a denial. D. In t7e e~~ent that Engineer does not take action on a Ciaim within said 3U days. the Claim shalt be deemed denied. l: Engineers ~~ritten action under 1'ara_^raph 10.O~.C or denial pursuant to Parafgra~hs ]O.O~.C.3 or O.OS.D will be final and binding upon Owner and Contractor. unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 1 fi within ~0 days of such action or denial. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 3'- 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 2F F. No Claim for an adiustment in Contract Price or Contract Times will be valid if not subrrutted in accordanc_ with this Paragraph 10.0. ARTICLE ll - COST OF THE WORK: ALLOWANCES: UNIT PRICE WORT: Contractor and shall deliver such bids to Owner.. who will then determine. with the advice of Engineer. which bids, if an,. will be acceptable. If anv, subcontz-act 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 Worl: and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided m this Paragraph 11.01. i ~~ ~• ~~ .. 1 1.01 Cosi ol~rhe W'orl~~ 4. Costs of special consultants l including but not ~~ limited to Engineers, architects. testing laboratories, P.. Costs Irichiderl. The term Cost of the Work surveyors. attorneys. and accountants j employed for means the sum of all costs. except those excluded ir: sernces specifically related to the Worl: Para~~raph 11.O1.B, necessarily incurred and paid by ~~ Contractor in the proper performance of the Work. When `. Supplemental costs including the following the value. of anv Work covered by a Change Order or when a Claim for an adiustment in Contract Price is a. The proportion of necessan~ transpormuun. ~ deterrrnned on the basis of Cost of the Work. the costs to travel, and subsistence expenses of Contracu>r~s ~ be reimbursed to Contractor will be only those additional employees incurred m discharge of dunes or incremental costs required because of the charge in the connected with the Worh. Work or because of the event ~_=wing. rise to the Claim. ~, Except as otherwise may be agreed to in v,Titin~~ by b. Cost.. ine]udin~ transportation and mamte- Owner.. such costs shall be in amounts no higher than Hance, of all materials, supplies. equipment, those prevailing in the locality of the Proieet, shall include machiner~~, appliances, office, and temporar~~ only the following items. and shall not include any of the facilities at the Site, and hand tools not owned by costs itemized in Paragraph 11.O1.B the. workers, which are consumed in the perfor- mance. of the Work. and cost, less market value, 1. Payroll costs for employees in the direct of such items used but not consumed which employ of Contractor m the performance of the Work remain the property of Contractor. under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include. c. Rentals of all construction equipment and without limitation, superintendents, foremen. and other machinery, and the parts thereof whether rented personnel employed full time at the Site. Pa.~roll costs for from Contractor or others in accordance with employees not employed full time on the Work shall be rental agreements approved 'o}' Ovtmer with the apportioned on the basis of their rime spent. on the Worh. advice of Engineer, and the costs of but not be limited to, salaries Payroll costs shall include transportation, loading, unloz.ding; assembi~, , and wages Pius the cost of fringe benefits, which shall dismantling, and removal thereof. All such costs include social security contributions, unemployment, shall be in accordance with t~-ie terms of said excise. and payroll taxes, workers' compensation. health rental agreements. The rental of any such equip- and retirement benefits, bonuses, sicl: leave. vacation and went. machinery; or parts shall cease when the holida` pay applicable thereto. The expenses of use thereof is no longer necessan~ for the V1orl:. nerformin_~ Work outside of regular working hours, on ~ ~turday. Sunday, or legal holidays. shall be included in d. Sales, consumer, use, and other similar taxes t.° above to the extent authorized by Owner related to the Work. and for wt-rich Contractor is . ]ia'ole, imposed by Laws and Regulations. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of e. Deposits lost for causes other than negligence transponation and storage thereof. and Suppiiers~ Held of Contractor. any Subcontractor. or anyone services required in connection therewith. Ali cash directly or indirectly emplovPd by any of tnem or discounts shall accrue to Contractor unless Owner for whose acts any of them rnav be liable, and deposits funds with Contractor with which to make pay- royalty payments and fees Ior permits and merits, in which case the cash discounts shall accrue to licenses. Ov,mei. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall f. Losses and damages (and related expenses accrue to Owner, and Conr,actor shall make provisions so caused by damage to the Work, not compensated be obtained. that the}~ mav by insurance or otherwise, sustained by _ Contractor in connection with the performance ~. Pa~~rrients made by Contractor to of the Wor}: (except losses and damages within Subcontractors for Worl: performed by Subcontractors. If the deductible .amounts of propem~ insurance required by Gwner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Ov.~rier and ~.06.D), provided such losses and damages have EJCDC C-700 Standard Genera l Conditions o(the Construction Contract. Copyright C 200.'. Nacional Socieq of Pro fessional Engineers for EJCDC. All rights reserved. 00700 - 29 resulted fiom causes other than the ne~~lieene of Connacto-. anv Subcontracto=. or anvone directi~ or indirecv~~ emnioved b~~ any of them or for whose acts anv of thes,~ may be liable. Such losses shall include settlements made wnn the ~~7itten consent and approva~ of G~~.~ner. No such lussc~~. dama~_~es. and expenses shah oe included in the Cosr of the ~'~~ orl_ for the purpose o detenruning Conr, actor s fee. _ Ti;e cost o; uriines. fuel. and sanitary raciiine nt the Site. i,:. (v~linor expenses such as teleernms. lone distanc° telephone culls. telephone service at the Sne. expresses, and similar pem~ cash items in connection with the ~~%ork. ~ The cost:, of premiums for sL' bonds anv insurance Contractor is required by the Contract I)ocw~~cnts to purchase and matnwin B- Cu.rts Lzclurle~~ The term Cosr of the Vvori: shall not includ° anv of the fo]iowin~~ items 1 Payroll costs and other compensano^ of Contractor's officers. execunves. nnncinals I of paiZnerships ana sole. propnetorshipsj, general managers, safety manaters_ engineers. architects, estimators. attor- ncvs. auditors- accountants. purchasm« and contracting. a~~ents, expediters, timekeepers, clerks. and other personnel emnioved by Contractor, whether at the Site or in Contractors pnncinal or branch office for ~~eneral admtn~sranon of the Wor}; and not specincally included m the a~==reed upon schedule of rob ciassincations refereed to in Paragraph 1l.Ul.A.1 or specificali~~ covered by I'araLrapit l1.Ol.A.4• all of which are to be considered adrrnmstranve costs covered 'bv the Contractors fee. -'. ~xnenses of Contractors principal and branch offices other than Contractors office at the ~itc. - An~~ part of Contractors capital expenses. inciudint~ interest on Contractors capitai~ employed for the Worl: and charees against Contractor for deimauent pavmerts 4. Costs due to the negligence of Contractor. am~ Subcontractor. or anvone directly or indirectly emnioved b•,~ am° of them or for ~a~hose acts an_v of then; may be liable. includin~c but not liiruted to, tit. correcnon of detective ~l orl_. disposal of materials or eouipment wrongir~ supplied. and makin~~ good an_~~ damage to propem. ~. Other overhead or general expense costs of ar,•: 'strict and the costs of any item not speciiicali~ and expressly included in Paragraphs I1.0].A and 11.O;.B. C. Conn-acror's Fee: When all the Work is performed on the basis of cos?-plus. Contractor's fee shall be deternuned as set fonh in th. Agreement ~t,~hen tht~ yaluc of any Wort: covered by a Chan~~e Order or when a Claim for an adiusmient ui Contract Yrice is deternuned on tine basis of Cost of the JJorI:. Contractors tee shall be determined as set forth in Para~~ra~h 1 ? .O1.C. D Doci~nientarior. ~~"hene~•er the Cost of the ~%~ ork for an~~ purpose is m b: deternvned pursuant to Paragraphs 11.OI.r~ and 1 l.~i.B. Contractor wilt establish ai7d malntam records 117ere0l In BCCOrCtd]]Ce Wlth generally accepted accounun~~ practices and subrrut in ~ torn; acceptable to Engineer an itenuzed cost 'oreakdown together with supponim~ data. i 1.0~ 9/i~nvu,u~e.~ A. It is understood that Contractor has included in the Contract Price all allowances so Warned in the Contract Documents and shall cause the ~%t~rt; st, coy-erect to be performed for suet: sums and by s.:ch nersuri or entiue s as may be acceptable to Gv`mer and Engineer- E. Cash Alinx~anct:~~ L Contractor agrees that: a tine cast; allowances include the cost tc~ Contractor (less an•. applicable trade discounts) of materials and equipment regwred by tine allowances io be delivered at the. Site. and all applicable taxes: and h. Contractor's costs for unloading and itandlim_ on the Sire, lahor, instailauon overhead. prom. and other ernenses contemp tared for the casi~ allowances have been included in the Contract Price and not in the allowances. and no demand for additional payment on accoum of any of the fore~ome will be valid. C Contingenc•, .Allowance Contractor agrees that a contingency allowance, if an•,~. is for the sole use of C)w~~er w cover unann~ipated costs. D Prior to final pa}~rnent, an appropriate Change Grder will be issued as re~conunendec7 by En•~ineer to reflect actual amounts due Contractor on account of Woe]; covered by allowances. and the Contract Price shah be corresnondingi•,~ adiusted. 1 1.0~ C~~ni! Price I~•ork ~~. Where the Contract Documents provide that alt or pan of the Worl: is to be unit Price Work, initially Erie Contract Price will be deemed to include for all unit Price Worl: an amount equal to the sum of the unit price for each separately identined item of Unit Price Work times the estimated quantity o: each item as indicated in the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contrac.. Copyright ~ 2002 ?v'ational Society of Yroiessional Engineers for EJCDC. All rights reserved. 00700 - 3U B. The estimated quantines of items of Unit Price Work are not guaranteed and are solely for the purpose of companson of Bids and detemm~ine an initia': Contract Price. Determinations of the actual auantities and classifications of Linit Price Work performed by Contractor will be made by Engineer subject to t};e provisions of Paragraph 9.0 . C Each unit price will be deemed to include an amount considered ov Contractor to be adequate to cover Contractors overhead and prof t for each separately identified item. D Ov<mer or Contractor may make a Claim for an adiustment in the Contract Price in accordance with Paragraph ] 0.0~ if: 1. the quantit~~ of any item of unit Price Work performed by Contractor differs materially and sienifi- cant}v from the estimated quantity of suci~ item indicated m the Agreement and ?. there is no corresponding adiustment with respect any other item of Work: and ~. Contractor believes that Contractor is entitled to ar. increase to Contract Price as a result of havme incurred additaonai expense or Owner believes that Owner is entitled to a decrease in Contract Pnce and the parties are unable to aeree as to the amount of anv_ such merease or decrease. ARTICLE I? - CHANGE Oi- CONTRACT PRICE: CHANGE OF CONTRACT TIMES 1.01 Change of Contract Price A. The Contract Pnce may only be chan~~ed by a `change Order. Any Claim for an adjustment to the contract Pnce shall be based on written notice submitted by the parry making, the Claim to the Engineer and the other pam~ to the Contract in accordance with the provisions of Paragraph 10.0. B The value of anv Work covered by a Chance Order or of anv Claim for an adjustment in the Contract Price will be determined as follows: 1. where the W or}: involved is covered by umt prices contained in the Contract Documents.. by applica- tion of such unit prices to the auantities of the items im~oived (subject to the provisions of Paragraph 11.031. or ?. where the Worl: 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 arofii not necessarily, in accordance withParaerapit 1?.O1.C?;: or 3. where the W"orl: involved is not covered h~ unit prices contained in the Cortra:-t Documents and agreement to a lump sum is not reached under Paragraph 12.O1.B?. on the basis of the Cost of the Work (determined as provided in Paragrapi~ 11.01) pins a Contractors fee for overhead and profit (determined as provided in Paragraph 1?.O1.C). C. Carn-acmr :~ Fcc The Concactor~s icc for overhead and profit shall be deternvned as follows. 1. a mutually acceptable fixed fee: o. ~. if a fixed iee is not agreed upon. then a iee based on the following percentages of the vanous ponions of tine Cost of the Worl:: a. for costs incurred under Para~~raphs 11.0(.A.1 and l 1.O1.A.2, the Contractor's fee shall b: 1 percent; b. for costs incurred under I'ara~rraph 11.O1.A?, the Contractor's fee shall be five percent c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed tee is agreed upon. the intent of Paragraph ' 1?.OI.C?.a is that the Subcontractor wiio actually performs the Worh. at whatever tier. will be paid a fee of 1 d percent of the costs incurred by such Subcontractor under Paral, aphs 11.O1.A.] and 1 LOI.A? and that anv higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor: d. no fee shall be payable on the basis of costs itemized under Paragraphs 1 ] . U 1.A.4, 1 i .0 i A.~, and 11.O1.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 b: file amount of the actual net decrease in cost Pius a deduction in Contactor s fee by an amount eoua to five percent of such net decrease; and f. when both additions and credits are mvoived ir. any one change. the adiustment in Contractors fee shall be computed on the 'basis of the net change in accordance v.~th Paragraphs i'?.O1.C."?.a through 1?.O1.C?_e. inclusive. I?.02 Change o{Contract Times A. The Contract Times may only be changed ~bv a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written nonce submitted EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 31 b~, the aarrv mai:ine the Claim to the Engineer and the oti.er pan-, to the Contract in accordant: with the provisions of Paragraph 10.0=. B. An~• adlustmen o'.~ the Contract Times covered ~b~, a Chan~~e Order o any Claitr for ar. auiusm~enr in the COnffacl Times wilt be determtnec In accordance witi; rite provisions of this Article 1`'_ A R'i~ere Contractor i~ pre~~ented ciom compietin_~ any' par a;~ fire ~'~~orl: within the Contract Tm;es due. to delay beyond the control of Contractor. the Conn act Time rs-ill he extended in an amount edual to tip, time: lost due to such delay if a Claim is made therefor ns provided ni Parau~aph 13.0~'..~ Delays beyond the conu~~l 01 Gontraclor shall include. but not he limped w. acts or ne~~lcct by Owner. acts or neelect of utility- owners. or other contractors percormin~~ other wort: as contemplat- ed b~ ;wnicit -_ fires. floods. epidemics. abnom~al weather conditions. or acts of God B If Owner. End=inee~. or other contractors or wilnr owners neriorn~inc other work for O~yner as curnemniated 'hv Article ~'. or anyone for whom O~~~1er is responsihie_ delays. disrupts, o tnterieres with the perionnance of pro~~ress of the VJorl:. then, Contractor snail be entitled to an equitable adjustment in the C~.ontract }'nee or the C:ontrac'. Times or both. Contractors enutiement to an adtustment of the Contract Times. is amciinoned on such adiusmaent bein~~ essential to Conn~actor~s abiiir; to complete the VJor}: within the Contract Trines. C If Contractor is delayed in the performance o~ progress of rile W orl: by lire, flood. epidemic. abnormal weather conditions. acts of Cod, acts or failures ui act of utilir,~ o~~mers 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 adiustrnent is essential to Contractors ability to complete the Vv orh v,~ithin the Contract Times. Such an adjustment shalt he Contractor., sole and ,,,~clusi~~e .emed~,~ for the dela~,~s described to this ?'arat~rapn i?.0 ~.C. D Ov,mer. Engineer and the Related Entities or each of them wall not be liable to Contractor for any claim=. costs. tosses. or damages (includine but not limited to all fees and thar~~es of Engineers. architects. attorneys and other processionals ant all tour, or arbitration or other dispute resolution costs i sustained by Contractor on or in connection with anv_ other protect or znticipated proiec~. ~RTiCLE 1 - TESTS :?ND I'~SPE::i1O?~~: CORI~~CTIO)y. P~EMOVAL OR A~~CEPT.~NCE OF DEFECTIVE',~'OF.Iv ... Prompt nonce o; all detectn~ Worh o. wi~ich O~a~ner or En:~ineer has actual l:nowicd~~t= wilt he ~rlven t~, Contractor_ P,11 defectn~e Work Ma~,~ be reiectee_ corrected_ or accepted as provided m this Ankle i 1 ~.0~ -1ci:ess zu Id•~~rk A Owner. Engineer. their consultants and other representatives and personnel of Owner. independent testma~ laboratones. and aoyernmenta~ ae~encie~, with ~unsdicnonal interests will have access tci flab She and the V. orl~. at reasonaole nines for their obscrvauon_ inspecun~~, and tesun~~. Contracto- shall provide tiicn_i proper and safe conditions cot such acces; and advise them oCContractor~s Site safen~ procedures and programs sty that they mnv con;ply therewith as appiita'bie i3.0= Tcst.~ and lnsnectinn.e A Contractor shall ~~ive Enemeer ninety nonce of readiness of the. ~%ork for all requ>_red inspections. tests. or approvals and shall cooperate with inspection and tesrn personnel to t3ciiitate required irspettions or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except 1. for inspections, tests. or approvals covered by Paragraphs 13.O~.C and I~.O.D beiov,~_ ~. that costs incurred in connection with tests or inspections conducted pursuant to Para«raph 1~.04.B shat] be paid as provided m said Para~ra~h i..U4.C: and . as otherwise spetificali~~ provided in the Con- u-act Documents. C. If Laws or Regulations of anv public body havin~~ jurisdiction require any Vvork (or par, thereofl spetiticali<< to be inspected. tested.. o; approved b` an employee or other representative of such public hodl'. Contractor shall assume lull responsibility for arranging- and obtaining such inspections, tesu. or approvals, pay all costs in connection therewith, and furnish Envineer the required certificates of inspection or approval, _. Contractor shall not be entitled to an aoiustment in Contract Frice or Contract Times for delays D Contractor shall be responsi~ie for arranRin~ within the control of Contractor. Deia}~s atzrioutabie to and obtaining and shall pay al] costs in connection with and within the control of a Subcontractor or Supplier shall zny inspections. tests, or approvals required for Owners be deemed to be delays within the control of Contractor, and r,n~ineers acceptance of materials or eouipment to EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright'."c~ 2002 National Society of Professional Engineers for EJCDC. .All rights reserved. 00700 - 32 'oe inco>~,orated in the Work; or acceptance of materials.. mix designs. or equipment submitted for approval prior to Connactor s purchase thereof for incorporation in the Work. Such inspections, tests.. or approvals shall be performed by organizations acceptable. to Owner and Engineer. E. If anv V~%ork (or the work of others) that is to be inspected. tested. or approved is covered by Contractor without written concurrence of Enemeer. it must, if requested by Engineer, be uncovered for observation. >-. uncovering Work as provided in Paragraph 1.03.E shall be at Contractors expense unless Contractor has given Engineer timely notice of Contractors intention to cover the same and Enemeer has not acted with reasonable promptness in response to such notice. 13.0 Urrcorering fJ~"r>r-h~ A. If anv Wori: is covered contrary to the written request o1 Engineer, it must, if requested by Engineer, be uncovered for Ens=ineer's observation and replaced at Contractor's expense. B If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others. Contractor, at Engineer s request. shall uncover. expose. or otherwise make available for observation. inspection. or testing as Engineer may require. that portion of the Work m question, fiarrus'mng al] necessary labor. material, and equipment. C. If it is found that the uncovered Worl: is defective, Contractor shall pa}~ all claims, costs, losses. and damages (including but not limited to all fees and charges of engineers. architects. attorneys, and other processionals and all coon 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 i including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease ir, the Contract Price. If the parties are unable to agree as to the amount thereof. Owner may make a Claim therefor as provided in Paracraph ] 0.0~. D. If. the uncovered Worl: 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 amibutable 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 l O.Gd. 1?.Od Owner lr1a~- Stop the YY''or~ A. If the Work is defective, or Contractor fails w supply sufficient skilled workers or swtable matenais or equipment, or tails to perform the W orl; in such a way that the completed Work will confon-r, to the Contract Documents. Owner may order Contactor to stop the Work, or any portion thereof. until the cause for such order has been eliminated: however, this rieht of Owner to stop the Work shall not give nse to any duty on the part of Owner to exercise this neht for the benefit of Contractor, anv Subcontractor, anv Supplier, anv other individual or entity, or anl~ surety ior. or employee or agent of anv of them. L.OG Correctiota or Removui of De>ecrive 64~ork 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- Contactor shall pay al] claims.. costs.. losses, and dari>at'es 1 includin~~ but not lirrhted to all fees and charges of engineers. architects, attorneys, and other professionals and al? coup or arbitration or other dispute resolution costs) arising ouf of or relating to such conecuon or removal (inciudin~„ but not limited to all costs of repair or replacement of work of others 1. B. When correcting detective Work under the terms of this Paragraph 13.06 or Para~araoi~ 13.07. Conuactor shall take no action ti.at would void or otherwise impair Owner's special warrant} and guarantee, if any, on said Work. 13.07 Co~•recnon Period A. If within one year after the date. of Substantial Completion (or such longer period of time as may he prescribed by the term, of anv appiicaole special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Wor}; is found to be defective, or if the repair of any damages to the. land or areas made available for Contractors use by Owner or permitted by Laws and Re«uiations as contemplated in Paragraph 6.ll.A is found to be defective. Contractor shall promptly, without cost to Ov,mer and in accordance with Owner ~s w7itter, instructions: 1. repair such defective land or areas; or 2 correct such defecti~~e Work; or 3. if the defective Worl: has 'been rejected by Owner. remove it from the Project and replace it with VJor}: that is not defective. and 4. satisfactorily correct or repair or remove and replace any damage to other Work; to the work of others or other land or areas resultine therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C' 2002 irational Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 3? w~ ~' ^ N a ~~ ~~ w r ~ ~,~ E ~' If Contractor does not promptly comply witi~ tug terms of Owners v.~itten msrrucnons. or in an emertenc~,~ where deia~~ would cause serous nsl: of loss or dama«e_ O~smer may have tite defective Work :.orrected or reaaued or may have the reiected Work re- moved and replaced. .All claims. costs_ iosses. and damages i inciudin~~ but not limited to all lees and charges of entmeers. architects. attorneys. and other professionals and all coup or arbitration or other dispute resolution cost; i arisim~ out of or relaun~~ to suci~ correction or repa;r or suc't,~ removal and replacement tincludinr~ 'out not limited us all costs of repau or replacement o: work of others i ~yil] be paid ~bv Contractor. C In special circumstances where a particular uem of egwpment is placed in continuous service •before ~uhstanua] Completion of all the ~y'orh. the correction penod (or that item may star to run from an writer date if so provided in the Specifications D_ Where defective Work sand damage to other ~'Jorh resuittn_ iherefroml has ~oeen corrected or removed and replaced under this Paragraph 1 ~.0~, the correction penod hereunder with respect n~ such Work will be extended for an additional penoc] of one year alter such correction o- removal and repiacemern has been satisfactonly completed. E Contractors obhgauons under this Paragraph 1 ~.0 % arc in addition to any other obii~,!ation or warranty. T lie. provisions of this Paragraph 13.G i shall not be construed as a su'ostitute for or a waiver of the provisions of any applicable statute of limitation or repose. 1 .0~~ Acceptance ofDeicctiv~° 6f~orl; A. If. instead of requiring correction or removal and replacement of defective Work. Owner land, prior to Eneineer~s recommendation of final payment. Engmeeri prefers to accept it. Owner may do so. Contractor shall pa•.~ al] clatms_. costs. iosses, and damages 1 tncludin~~ but no~. limited to all fees and charges of en~~ineers. architects. attorneys. and other professionals and all court or arbitration or other dispute resolution costsi attributable to Ownet~5. evaluation of and determination to accept such defective Worl: (such costs to be approved h;' Engineer as to rcasonahienessi and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If anv such acceptance occurs prior to Engineers recommendation of final payment. a Chance Order will be issued incorporating the necessar:~ revisions in the Contract Documents with respect to the Work. and Ov.~ner shall be entitled to an appropriate aecrease m the Convect Pnce. reflecting the diminished •~~alue of ~'`~ork so accepted. If the parties are unable to agree as to the amount thereof. Owner may make a Claim therefor as provided in Paragraph 10.0. If the acceptance occurs after such recommendation. an appropriate amount will be paid by Contractor to Ov<rner. 1= Ors Ow>>ter Mar Coi-recr Derecrit~r Fi~ ors A. If Contractor fails within a reasonable time after v`7itten nonce from Engineer to correct defective -~ti ork or ti, remove and replace reie~ted ~~%ork as required ~mr Entmeer in accordance with Paragraph 1~.Ub.A. or if Contractor fails to perform the A~%orl: in accordance with iii: Cunt-act Documents. or if Contracror fails to comoi~~ with any other provision of the Conn-act Documents. O~~~ner ma~,~, after seven days ~mrten nonce to Contractor. core: t or remed~~ any such deficiency.. E. In exercisin<_~ the rights and remedies under this 1'ara~~rapii 1_.09. Owner shall proceed espeditious]~~ In comiection with such corrective or remedia; action. Owner may exclude Contractor from all or pan of the Sne_ take possession of all or Hart of the Work and suspend Conrracuir s, services related thereto. take nosses- sion of Contractors tools. appliances, construction equtnment and machinery at the Stte_ and incorporate ir, the Work all materials and equipment stored at the Site or for which Omer has nail Contractor but which are stored elsewhere. Contractor shall allow Owner. Uwner~s representatives. agents and employees. C)wner~s other contractors, and Engineer and En~Tineer~s consultants access to the Site to enable Ov~~ner to exercise the tights and remedies under this Paragraph. C. All claims. costs, iosses_ and damages (includin~~ but not limn_d to al] fees and charges o; en~,ineers. architects, anorne.v_ s, and other professionals and all court or arbitration or other dispute resolution costs incurred or sustained by Clwner in exercising fne rights and remedies under this Paraeraph 1 .09 will be charted against Contractor, and a Chan~~e Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Wor}c; 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 adiu°•ment• Ciwner may make a Claim fnerefor as provided in Paragraphr, 10.0 Such ciairns, costs. ]ossec and damages will include but not 'be limited to all costs of repair. or replacement of work of others destroyed or damated by correction, removal. or replacement of Contractors defective Work. D. Convector shall not he allowed an extension of the Contract Times because of anv delay in the perforTnance of the Work atributabie to the exercise bv~ Ciwner of Owners tights and remedies under this Paragraph 1_.09. ARTICLE 14 -PAYMENTS TO CONTRACTOF. AND COMPLETION 14.01 Schedule of )Values A. The Schedule of '\ aiues established as provid- ed in Paragraph 2.0%.A will serve as the basis for progress EJCUC 6700 Standard General Conditions of the Construction Contract. Copyright G 2UU'_ National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 34 payments and will be incomorated into a form of App}ica- tion for Payment acceptable to Engineer. Progress pa~~rrients on account of Unit Frice Work will be cased on the number of units completed. 14.0? Progress Pati~meitrs A. Applications for Payments L At least 2U days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an ,Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supposing documentation as. is required by the Contract Documents. If payment is requested on the basis of matenals 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 Pa~rrnent shall also be accompanied by a bill of sale, invoice. or other documentation warranun~~ that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and eowpment are covered 'by appropriate propem insurance or other arrangements to protect Owner's interest therein. all of which must be satisfactory to Owner. ?. Beginnin~~~ with the second Application for Payment, each Application shall include an affidavit of Contractor stating that al] previous progress payments received on account of the Wor}: have been applied on account to discharge Contractors legitimate obligations associated with prior Applications for Payment. 3. 'The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. RevieN~ ofApplications 1. Eneineer will. within ? 0 days after receipt of r:ach .~.pplication for Payment, either indicate in writing a recommendation of payment and present the Application to Omer or rerum the Application ui Contractor indicating in writing Engineers reasons for refusin~~ to recommend pa~~rrient. In the latter case. Contractor may make the necessary corrections and resubmit the Application. 2. Engineers recommendation of any payment requester in ar. 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 on Engineer's review of the Application for Payment and the accompanying data and schedules.. that to the best of Engineers knowledge, inforniation and belief: a. the Worl: has progressed to the point indicat ed: b. the quality of the Worl: is oererally in accor- dance with the Contract Documents (subiect to an evaluation of the Wor}: as a funcnonm~~ witoie pnor to or upon Substantial Completion, to the results of any subsequent test ~ called for in the Contract Documents. to a final determination of quantities and classifications for Linn Pnce Wor}; under Paragraph 9.0?. and to any other qualifications stated in the recommendation): and c. the conditions precedent to Contractors bean<~ entitled to such payment appear to have been fulfilled in so far as it is Engineers responsibihry to observe the Worl:. ~. By recommending any such payment Engineer will not titerehv be deemed to have represented that. a. inspections made to checl: the quality or tine quantity of the Vv orl: as it has been performed have been exhaustive, extended to every aspect of the Work m progress. o; involved detailed inspections of the W orl: beyond the responsi- bilities specifically assigned to Engineer m the Contract Documents; or ~~ !S N .~ ~~ h. that there may not be other matters or issues between the parties that tni~=ht entitle Contractor to be paid additionally h}' Gwner or entitle Ovtmer to witlii~old payment to Contractor. 4. Neither Eneineer~s review of Contractor's Work for file purposes of recommending payments nor Engineers recommendation of any payment, includin~~ final payment, will impose responsibilitti on Engineer a. to supervise, direct, or control the Work, or b. for the means, methods. techniques, sequences, or procedures of c onstrucnon. or the safety precautions and prog*rarz-ts incident thereto, or c. for Contractor's failure to comply with Laws. and Regulations applicable to Contractors performance of the Work. or d. to make any examination to ascertain how or for what pumoses Contractor has used the moneys paid on account of the Contract Pnce, or e. to determine that title to any of the Worl:. materials. or equipment has passed to Owmer free and clear of any Liens. ~. Eneineer may refuse to recommend the whole or an~~ pan of any payment if, in Engineers opinion. it would be incorrect to make the representations to Owner stated ir. Paragraph 14.02.B?. Engineer may also refuse to recommend any such payment or. because of subse- quently discovered evidence or the results of subsequent N y ~~' r. -T N EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G 2002 National Society of Professional Engineers for EJCllC. All rights reserved. 00700 - 35 inspections or tests. re~.~tse o- revoke an~~ such payment recorn.-nendauon pre. ~ousi~ made. to such extent as mar ~t;e necessary to En=~lnee- < optmon to protect Owner from loss because: a. rile Work t, dere~n~ c. or completed Work has been dama~~ed. reautn^~ correcnor. or replace- ment: n the Contact Pace has beer, reduced by Chance Orders: c Ci~~~rer has been re~qu~re~d to correct defective Wort: or complete Work ir, accordance with Para!rraph i 3.09: or d Eni*ineer has actual knowledee of the occurrence of anv of the events enumerated in 1'ara~~raph '.~ ~.0?.A_ C. Patancnt Becomes Doc 1 Ten davs after presentatwr, of the Appi~cation for }'avment to Chvner with En<<meer~s recommendation. the amount recommended will (subject to the provtsions of l'araeraph 14.U~'.U) become due:, and when due will be nail by Ctwner to Contactor. D. Reducttun in Puvment 1 Ov~mer may refuse to make pa~~nent of the full amount recommended by Engineer because: a. clatms have been made against Owner on account of Contactor's performance or iurnish- m~~ o the. Work; b. Liens have been Pied in connection with the Worl:, except where Contactor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharee of such Liens_ c. there are other items entitling Owner to a set-oft against the amount recommended: or d. Gv;ner has actual knowied«e of the occurrence of an_v of the events enumerated in Paragraphs }4.0?.B.S.a through 14-0?.B.~.c or Paragraph 1 S 02,A ~. If it is subsequently determined that O~~ner~s refusal of payment was not iusnfie~d. the amount ~sTOngfully withheld shall be n-eated a~ an amount due as detem-uned by Paragraph 14.0?.C.1. 14.0_ Cot:n-actor's Lfarrann~ 07 Title A. Contractor warrants and guarantees that title to all Work. materials.. and equtpment covered b~~ an~.~ ~,nniication for Pavmen?, whether incoroorated tr. the Protect or not, will Hass to Owner no later than the ume of payment free and clear of all Ltens. 1=1.0=.' Substat~nal Cmm~letion A. V.%hen Contractor considers the enure Wurl: read~~ for us intended use Contactor shat' notifw Owner and fin~~meer m ~~,~tnn~~ tha? the enure Wor}: t su'~stannally complete (except for items specifically fisted h}~ Contactor as incomplete) and request that Engineer issue a cerzificate of Substantial Compl et~on. P,. Prompti~ after Contractors nouftcation. , Owner. Contractor- and Enemeer shall make an tnspection of the Worl: to determine the status of completion. if En<~ineer does not consider the Wori: substantial}v complete. Em~meer will notify Contactor in writine ~ivin~ the reasons therefor. C. If Enemeer considers the Wor}: substantial}~~ complete. En«ineer will deliver to Owner a tentative cenincate of Substanna] Completion which shall fix the date of Substantial Completion. There shall be attaches. to the certihcate a tentative list of items to 'oe completed or corrected before final pa}m~ent. Ctwner shall have seven davs after receipt of the tentative certif-icate during, which to make written obiection to Engineer as to an~~ provisions of the certificate or attached list. If, after considenn~~ such objections.. Engineer concludes that the Wori; is not substantially complete. Engineer will within 14 davs after submission of the tentative certificate to Gwner notify Contractor in writing. stating the reasons therefor. If. after consideration of Ciwner~s objections. ;=,ngineer considers the Work substantiall~~ complete. Engineer will within said 14 davs execute and deliver to Owner and Contacto; a definitive certificate of Substantial Completion with a revised tentative list of items to be completed or correct- edi ref7ecung such changes from the tentative cenificate as Engineer believes jusrined afer consideration of anv_ obiections from Uwner. ''. If Owner refuses to snake payment of the full amount recommended by Engineer. Ginner will ewe D. At the time of deiiverv of the t°ntative Contractor immediate u7itten nonce (with a copy to certificate of Substanna] Completion. Engineer will Engmeer~ stating the reasons for such action and promptly deliver to Ov.mer and Contactor a v~ritten recommen- pav Contactor anv amount remaining after deduction of lotion as to division of responsibilities pending final the amount so withheld. Owner shall prompt]}- pay pa~m:ent 'oenveen Gwrier and Contractor with respect to Contactor the amount so withheld, or arv adiust7i-ient security. operation. safer}', and protection of the Wori:. thereto agreed to by Omer and Contactor. when rnamtenance, heat. utilities, insurance, and warranties and Contactor corrects to Ou~rier s satisfaction the reasons for guarantees. Unless Ov,~rier and Contactor agree other~~ise such action. in writing and so inform Engineer in writing prior to Engineers issuing the definitive certificate of Substantial EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G ?002 National Societe of Professional Engineers for EJCDC. All rights reserved. 00700 - 3G Compietion. Engineers aforesaid recommendation wit; be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Conractor from the Site after the date of Substantial Compietion subiect to allowing Contractor reasonable cess to compiete or correct items on the tentative list. 1-1.05 Farnal Utili=anon A. Prior to Substantial Compietion of al] the Work. Owner may use or occupy any substantially comnleted part of the yw`ork which has specifrcally been identified In the Contract Documents. or whtch Owner. Engineer, and Contractor agree constitutes a separately funcnonine and usable part of the Work that can be used ov Owner for its Intended pumose without significant interference with Contractors performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to perrrut Owner to use or occupy an}' 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 pan of the Work is substanttally complete, Contractor will certify to Owner and Engineer that such non of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the. Work ready for its intended use and substan- tially compiete and request Engineer to issue a certificate of Substantial Completion for that parr of the Work. 3. Within a reasonable time after either such request. Owner, Contractor, and Engineer shall make an inspection of that pan of the Work to determine its status of completion. If Engineer does not consider that part of tie Work to be substantially complete, Eneineer will notify Owner and Contractor m writing giving the reasons therefor. If Eneineer considers that part of the Work to be substantially complete. the provisions of Paragraph ]4.04 will apply with respect to cenincation of Substantial Completion of that part of the Worl: and the division of responsibiiiry in respect thereof and access thereto. 4. No use or occupancy or separate operation of pan of the Worl: may occur prior to compliance with the requirements of Paragraph 5.10 regarding propem~ insurance. 14.06 Finallnspection that the Worl: is incomplete or defective. Contractor shall immediately take such measure: as are necessary to complete such Work or reined}~ such deficiencies. ] 4.0~ Final Pavnaenr P.. Appiicavon for Payment 1. After Contractor has, in the opinion of Engineer. satisfactoriiv compiered all corrections identified durin~~ the final inspection and has deiiyered. in accordance with the Contract Documents.. all maintenance and oneratinc instructions, schedules, guarantees. bonds. certificates or other evidence of insurance centflcates of inspection. marked-up record documents las proylded u; Para~~raph 6.i2), and other documents. Contractor may make application for final payment followm~_> the procedure for progress payments. _' The final Application for Yavmert shall be accompanied (except as previously delivered) bv. a. al] documentation called for in the Contract Documents; including but not lirmted to the evidence of insurance required by Paragraph 5.04 8.7; b. consent of the surety; if any, to final payment c. a list of all Claims against Owner fnat Contractor believes are unsettled: and d complete and legally effective releases or waivers (satisfactory to Owner) of all Lien tights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that (i) the releases and receipts include all labor. services, material, and equipment for which a Lien could be filed: and (ii) all payrolls, material and equipment bills, and other indebteaness connected with the Worl: 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 famish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lier.. B. Engineer's Review of Application and Acceptance If. on the basis of Engineer's observation of A. tipon written notice from Contractor that the the Work during construction and final inspection, and entire Worl: or an agreed portion thereof is compiete, Engineer's review of the final .AppiicaLion for Pa}~rlent Eneineer will promptly make a anal inspection with and accompanying documentation as required by the Owner and Contractor and will notify Contractor in Conrad Documents, Engineer is satisned that the Vv orl: writing of all nanicuiars in which this inspection reveals has been completed and Contractor's other obligations EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G~ 2002 National Sociery of Professional Engineers for EJCDC. All rights reserved. 00700 - 3 i ~~ w~ w' ~' ~' !R ~~ r_ M .~1 ~ ~~ r '-~ ~I N ...,.... ra. Cortrac[ Documents have been tulfilied. ~n~rmee: wt;}. wrthn; ten davs alter receipt of the Etna] appLcatutn for 1'avment. indicate to writing Engtneer~s reconunendauot; of pavment and present the Application for pavment to Owner for pavment..At the same time Fnglneet will also ~~tve v.~itten notice to Owner and Contractor that [he Work Is acceptable subiect to the prnvistons of Para~~raph 1=1.04 Otherwise. Engineer will re.um thr Apphcanon for Pa~~ment to Contractor, tndlcat- In~~ m ~~TUtm~ the reasons for refusing to recommend Einar pa_,~m~~nt_ m which cast Contractor s}gall make the necessary corrections and resu~bmtt the Application for 1'avmenr C 1'avment Becomes Due 1. Thtnv davs at1e: the presentation to Owner of th~_ -lppiication for pavment and aceompanyine docu- mentation. the amount recommended by 1/n~>Ineer, less an~. sum O~~,met is entit}ed to set ofj against i/ngmeer's recommendanot:. mclucitn<_~ but not hrruted to liquidated dumar~es- will become due and ,will be paid by O~R~ter to Conn, actor. lu 0~ Fatal Completron D~iaved P.. lf, throne}: no fault of Contractor, iina] completion of the work is sicniftcantiv delayed- and if ;/ncineer so connrms. Owner shall, upon receipt of (:ontractor~s iina] Application for Pavmenl (for Work fully completed and accented) and recommendation of Encmeer, and without ternnnatm~~ the Contract make pavment of the balance due for that portion of the Worl: filly completed and accepted. if the remairnm~ balance to be held by U~~ner for Work not fully completed or corrected is less than the. retainage stipulated in the Agreement, and if bonds have been furnished as required to Paragraph S.U1, the written consent of the surety to the pa~mlent of the 'balance due for that portion of the Work fully completed and accepted shall 'tie subrrntted by Contractor to Engineer wrth the Application ror such na`artent. Such pavment shall oe made under the terms and conditions governing final pavment. except that It shall not constitute a waiver of Claims. 14.09 Waiver olGaim~ ~ The making and acceptance of anal pavment will constitute: I. a watver of all Claims b~~ Owner against Contractor, except Claims aristnu from unsettled i,tens. from defective work appearing afer fina} inspection pursuant to Paragraph 14.06. from failure to comply with the Contract Documents or the terms of any special guarantees specified t'rereir.. or from Contractors continuing obligations under the Contract Documents: and wtth the reauuement~ heretn and expressly acinowledged ~~: Owner in uTinn~~ as stil} unsett}ed. ARTICLE 1. - SUSPENSION OF WORD AND TER~ti1INATION 01 O~~~ner A4cn ~a~spend l~d~"ork .=; At anv time and without cause, Ciw~~er ma~~ suspend the Work or anv portion thereon ror a penod of not more than 90 consecutive davs by nonce in wriun~~ ro Contractor and En~rtneer which will ft;; the date on which Vvor}; will be resumed- Contractor shall resume the V/ork on the date so fixed. Contractor shall he granted an adtust- ment to the Contract Price or an extension of the Contract Times. or bot};, directly, attrihutab}e m anv such suspension if Contractor makes a Claim therefor as provided in Para~~anh 10.0. 15.0? Ciwner It9at Te~rntuzam jot Cuuse~ A. The occurrence of anv one or more of the followm~~ events will justify termination for ::ause: 1 Contractors persistent failure to perform the Work m ar_,cordance with the Contract Documents (including. but not limited to, failure. to supply surficient skilled workers or suitable matenals or equipment or failure to adhere to the Progress Schedule established under Paragraph ~'.07 as adjusted from time to time pursuant to Paragraph 6.04); 2 Contractors disregard of Laws or Regulations of any public body havin~~ lurisdictior.; ~. Contractors disregard of the authority of Engineer; or 4. Contractors violation to anv substantial wad of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph I~.O_.A occur. ~w~ner ma-~. after giyintz Contractor i and surety i seven davs wntten nonce of its intent to rerrninate the services of Contractor 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances. construction equipmen:. and machinery at the Site, and we the same to the full extent they could ~be used by Contractor (without liability to Contractor for trespass or conversionj, ?. incorporate in the Vv'or}: all matenals and equipment stored at fhe Site or for whicr Ov.~rier has paid Contractor but which are stored eisewher e. and ~. a waiver of al; Claims by Contractor against Owner other than those previously made in accordance EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G~' 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 0070(1 - 3S _. complete the Work as Ovrner may deem expedient. C. If Owner proceeds as provided in Paragrapi; 1 x.02.8. Contactor shall not be entitled to receive anv further pavment until the Work is completed. If the unpaid baiance of the Contract Pnce exceeds al] claims. costs. losses. and damages iincludmg but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resoiution costs) sustained by Owner arisine out of or relatin<~ to completing. the Work, such excess will be paid to Contractor. If such claims, costs. losses. and damages exceed such unpaid balance. Contractor shall pay the difference to Owner. Such claims. costs, losses, and damaa~es incurred by Owner will be reviewed b~° ~n~~tneer as to their reasonableness and, when so approved b}- bngineer, incorporated in a Chance Order. When exercising anv tights or remedies under this Paragraph Owner shall not be required to o'otam the lowest price for the Work performed. D Notwithstanding Paragraphs 1~.02B and 15.02_C, Contractors services will not be terminated if Contractor begins within seven davs of receipt of nonce of intent to terminate to correct its failure to perform and proceed< 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 anv rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or pavment of moneys due Contractor b}~ Owner will not release Contractor from liabilin~. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph ~.Ol .A. the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B. and x.03 Owner Mai Terminate For Convenience A. upon seven davs written notice to Contractor and Engineer, Ov~mer may. without cause and without prejudice to any other rieht or remedy of Owner, terminate the Contract. In such case, Contactor shall be paid for (without duplication of any itemsj: 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; ?. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or eautpment as req,utred by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profs; on such expenses _. all ~latms. costs. lose s, and damaees (inciudina but not lirruted to all fees and charees of engineers, architects. attorneys.. and other professionals and all court or arbitration or other dispute resoiution costs) incurred in settlement of terrrunated contacts with Subcontractors. Suppliers. and others: and 4. reasonable expenses directly atti'outable to termnation. B. Contractor shall not he paid on account of loss. of anticipated profits or revenue or other econunuc loss arising out of or resulting fiom such tetrrunation. 1 x.04 Cohn-actor Mai- Sion N'"ork or Ter-minarr A. If, through no act or fault of Contractor. ji) the Work is suspended for more than 90 consecutive days by Omer or under an order of court or other public authonil~, or (ii) Engineer fails to act on anv Application for Payment within 30 days after it is submitted_ or (iii) Owner fails for 30 davs to pa~~ Contractor anv sum tinaliv detemnned to be due, then Contractor may, upon seven days written notice to Owner and Engineer. and provided Owner or Engineer do not remedy such suspension or failure within that time. terrrunate the Contract and recover from Owner pavment on the same terms as provided in Paragraph 1 x.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy. if Engineer has failed to act on an Application for Payment wit}un 30 davs after it is submitted. or Owner has failed for 3(i days to pay Contractor any sum finally deterrrtined to be due. Contractor may, seven days after written notice to Owner and Engineer, stop the Work until pavment is made of al] such amounts due Contractor. includin~~ interest thereon. The provisions of this Paragraph 1~.0=; are not intended to preclude Contractor from making z Claim under Paragraph ] 0.0~ for an ad;ustment ir, Contract Price or Contract Times or otherwise for expenses or damaee directly attributable to Contactor s stopping the Work as permitted by this Paragraph. .ARTICLE 16 -DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contactor may request mediation of anv Claim submitted to engineer for a decision under Paragraph 10.0 before such decision becomes final and bindine. The mediation will be EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G 2002 National Society of Professional Engineers Tor EJCDC. All rights reserved. 00700 - 39 .^ ~~ w ~~ ~t { , ~~t,ve;-tied b~ the Construction industr~~ Mediation Rules o= the Amer;~an Arbirranon .Assoc;ation in effect as qI the Effectivr Date of the A«reement. The request for mediat;on shall be subrt~tted m wntin~~ to the American Arbir~arior> Association, and the other pain, to the Contract Timei~~ subr,LSSion of the request shall sta~~ the efrect 01 Parapraph 10.0=~.i=, L) Owmer and Contractor shall pamcipate in the mediation process in ~~ood iaitl:. The process shall b: conciuried ~~'ithiif 60 dares of ttiin~~ of the reau:st. The date of ternur,anon of the mediation shall be determined b~~ app~icanon of rile mediation rules referenced above. C if the Ciafm is not resolved b~~ mediation. ;=n«tnr.er~s action under Paragraph l0 US C or ~ denial pursuant to Paragraphs 10.0> C_3 0, 1O U~.D shall becomr final and bindfn~~ ~U days a7ier ternurauon of the mediation un~iess~ within that erne penod. Owner or C antra; tos ]. elects m u-'ritmt~ to invoke an~~ dispute resolution proces> provided fof in the Suppiementare Conditions- of a~~rees v,~iti~ the other pain- to submit the Claim to another dispute resolution: process. nr _ ~~>ives written nonce to the oche- purtv o1 tl~iei; intent u, submit the Claim u, a court of competent ~unsdiction. ARTICLE 1~ - M15CrLL.ANEOL' i .0. Givt»~~ Notice ,A Whenever anr~ provision of the Contract Documents reautres the civin._ of written notice. it will be deemed to have been vaiidlr~ given r. 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom n is intended. or ''. delivered at o: sent ~o~~ re«istered or certified r:ra~,l. nosta~e prepaid. to the last business address. kno~~n to the ~_iver of the nonce. .- ~_ Compurarton ~1 Tunes .~,. ~~%hen any penod of time is rererred to m th° Conrad Documents by da~~s. a w;'i] be computed to ex: iude the first and include the last day of such penod_ if the last da~~ of any such penod falls on a Saturday or `;undov or on a da~~ made a legal hohdav b~.~ the le~~~ of th° spphcable jurisdiction. such dar~ will b: orrntted from [ile computation. i ~ .0=~- Cumulatrnc~ Rcsnedics ,A The duties and obligations imposed by thew Genera] Conditions and the ri ~hts and ;emedies ayatiab!e hereunder u, the ponies' hereto arc ui addition. to, and are not to be constnied m any wa~~ as a li_~-mation oi. anr~ n<<*hts and remedies available to any or all of them which are otherwise imposed or available by L,srr~s or 3te~aui~- ^ons. hr special warrant, or guarantee, or h~ other provisions of the Contract Document;. T'he provisions of this Paragraph will be as effective as ii repeate(i snecificaliv in the Contract Documents in connection- N~ith cacti particular duty. obh~~auoii, ri~zht. anC remed~~ to which tirev apply. 1?.Ua ,~~rnl~iral nJObiigunnrz.t A. All representations, indeiruiif i canons. warran- ties. and guarantees mad: in. required ~}, or ~*iven in accordance with the Contract Documents, as well as all continuing obligations indicated m the Contract Docu- ments, will survive final payment, completion. and acceptance of the War;`: or termmauon car completion n the Contract or termmat~on of the services of Contractor- ]?.0. Cunn~o!liiz~~ Lai A. This Contract is to be eovemed by the law o;~ the state in which the Pro~cct is located. l ZOC, Hcadrn~~s A Amcle and paragraph heading-as are maenad for convenience onlr~ and dv not constitute pans of these Genera's Conditions. EJCDC C-70(I Standard General Conditions of the Construction Contract. Copyright C 200'_ National Society of Professional Engineers for EJCDC. Alf rights reserved. 00700 - 40 SECTION ooslo 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. ?00'? Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. SC - 2.01 DELIVERY OF BONDS Add the following to Paragraph: ?.Ul .A Fnaineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shali execute the Agreement, attach executed copies of the required Bonds and Power of Attorney and Certificate of Insurance and submit ali copies to Engineer v,~ho will forward them to the Owner. Owner shall execute all conies and return rivo copies to the Contractor. Owner shall also fumish a counterpart or conformed copy to the Fnaineer and shall retain three copies. SC -'_'.03 NOTICE TO PROCEED Delete the first sentence of Paragraph 2.03..A of the General Conditions and insert the following in its place: Followinu 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 - '?.0~ BEFORE STARTING CONSTRUCTION Add a new paragraph immediately afrer paragraph ?.O~.A.3 of the General Conditions which is to read as follows: ?.C~.A.4 Contractor shall submit a preiiminarv Iist of construction eauipment with hourly rates, ov~~ned or rented b~ the Contractor and alJ Subcontractors that will be used in the performance of the V~%orl:. The equipment list will include information necessary to confirm the hourly rates per Paragraph 11.O1.A.~.c of the General Conditions and these Supplementar~~ Conditions including: male, model. and year of manufacture as well as the horse power, capacity or weight, and accessories. Section OOS ] 0 SUPPLEMENTERS' CONDITIONS TO THE GENERAL C01\~ITIONS Paee ] of 12 SC - 2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of ?.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 identined in paragraph 2.O~.A shall be finalized and acceptable to the Engineer and Owner. No progress patiment 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 Vr'ork and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. Add the following after Paragraph '?.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 equspment and establish the hourly rates in accordance with paragraph 11.O1.A.~.c. SC - 4.01 AVAILABILITI' OF LANDS Add to Paragraph 4.O1.C of the 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: Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CO1v~ITIONS Pace 2 of 12 ~~: '' M M a M 'I 3 SC - 4.0 ~ -DIFFERING SUBSURFACE OR PHI'SICAL CONDITIONS Add the following to the end of Paragraphs 4.C~~.A. Contractor to notify Owner and 1/ngineer in writing about differinU subsurface or physical conditions within 1 ~ days of discover~~ and before disturbing the sub surface as stated above. Nn claim for an aaiustment in the contract price or contract times (or Miieston es I will b~ valid for differin~~ subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC - 4.04 - tiNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A?. 3. At least ?but not more than 10 business days before beginning anv °xcavation, the Contractor shall according= to MCA 69-4->Ol, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in th° Contras: 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 cornpieteness of such information or data. SC - 4.06 -HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph _~ to read as follows: A. Reports and Drawings: Reference is made to the Special Provisions for the identincation..... SC- 5.02 LICENSED SURETIES ,4ND INSURERS Add the following to the end ofParagranh f.02.A V~%ithout limiting anv of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companiesi authorized to write insurance in the State of Montana, with minimum "A.M. Best P.ating'~ of A-. ~'I. as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injur,,~, or propem damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence wort: under this Agreement until such Section 00810 SUPPLEMENTARY CO;~DITIONS TO THE GENERAL CONDITIONS Pace ~ of 13 ~' insurance has been obtained and certificates of insurance with binders i , , , or cert fied ~ copies of the insurance policy shall have been filed with the Owner and the Engineer . .411 insurance coverages shall remain in effect throughout the life of the A reeme t g n , except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one vear _ ~., following the substantial completion date for property damage resulting from occurrences during the agreement period. ~~ SC - 5.04 CONTRACTOR'S LIABILITZ' INSURANCE Add the following new paragraphs immediately after Paragraph ~.04.B: C. The limits of liability for the insurance required by Paragraph x.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 S.C)4.1 and x.04.? of the General Conditions. a. State Statutor}~ b. Applicable Federal (e.g. Longshoremans) Statutory c. Employer's Liability S 500.000.00 Contractors Liability Insurance under Paragraphs 5.04.A.3 through ~ .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 e. Coverage will include: 1. Premises -Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personallnjury Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Paee 4 0: i2 Products and Completed Operations o. Broad Form Prot;erty Damage will include explosion; collapse, blasting and underground where applicable. Per Proiect Asareuate Endorsement Automobile Liability under Paragraph ~.04.A.6 of the General Conditions: a. Bodily Iniur~~: Each Person ~ X00.000.00 Bach Accident ~ 1.000.000.00 ProPertv Damage: Bach Accident ~ LO00.000.00 (or) b. Combined Single Limit ~ i,O00.U00.00 Coverage to Include 1. All Owned ~ . Hired 3. Non-Owned 4. Contractors Liability Insurance under ~.04.A.3 through ~.04.A.6 ma_y be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than ~1.v00,000.00. Deductible not to exceed $~,000.OU per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph ~.04.B. 1 of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner. and En_Qineer and Engineer's Consultants as an additional insured under Commercial General L lability, Automobile Liability. Excess or limbrelia polices. 6. The Contractual Liability coverage required by Paragraph ~.04.B .4. of the General Conditions shall provide coverage for not less than the following amounts: Bach Occurrence ~ 1.000.000.00 Aggregate ~ x.000.000.00 Secnon 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL COI~TDITIONS Paee ~ of ?? ~ SC- 5.04.B.~ CANCELATION NOTICE _4mend paragraph ~.04.B.~ of the General Conditions by striking out the words "~lJ days" and replacing them with the words "4~ davs" and as so amended paragraph ~.04.B.~ remains in effect. 7 ~ i~ SC - x.06 PROPERTY INSURANCE Delete Article ~.06.A of the General Conditions in its entirety and insert the followin~i 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 reauired by Laves and Regulations). This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors, Engineer. Engineer's Consultants. and anv 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 bother than caused by floodsj, and other perils or causes of loss as may be specifically required by the Supplementary Conditions. ~. 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 Work or stored at the site or at another location prior to being incorporated in the Worh, provided that such materials .and equipment have been included in an Application for Pav7nent recommended by Engineer; and ~. be endorsed to allow occupancy and partial utilization of the Mork by Owner; Section 00810 SUPPLEMENTARY COTv`DITIONS TO THE GENERAL COIv'DITIONS Page 6 of L i~ N .~ :~ D t~ M 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 l.J ald~l d~ll J.VU. L, U1 111C 1J C11Cl d1 I,UIlU1ll U11$. D. The policies of insurance required to he purchased and maintained 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 of SC- 5.02.A. SC-6.02 WORKING HOURS Add the follotiving to Paragraph 6.02.B: '~ Regular working hours are defined as i;:00 AM. to 5:00 P.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments will be acceptable to Engineer as providing an orderly progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are sttbmitted 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 COI~TDITIONS TO THE GENERAL CONDITIONS Page 7 of 12 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 perfom~ed 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. Tlie 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 inay 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 accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not' be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority 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 v-~ ^~ SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after paraer aph 6?0. ~. of the iseneral Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe or otherwise review the worn, 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 En~~ineer's Resident Project Representative (if any). SC- ] 1.0] COST OF THE WORK Delete para;-raph 11.01 .A.~.c of the General Conditions in its entirety and insert the following in its place: 11.O1.A.~.c The cost for the use of all construction equipment and machiner}~ 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 parrs 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 )/quipment List submitted according to SC-?.0~ and SC-='.07, and as follows: For working equipment, the hourly rate shall be the monthi~~~ rental rate. divided by 176 hours per month plus the hourly operating cost. ?. For equipment on standby, the hourly rate shall be ~0°r~ of the monthly rental rate divided by 176 hours per month, and the hourly op erasing cost shall not be applied. _. ror specialized equipment rented for a short duration used for change order work or additional work not par of the scope of work bid. the equipment rental rates will be negotiated prior to the work being performed. Section 00810 SUPPLEMENTAP.1' CONDITIONS TO THE GENERAL CONDITIONS Page 9 of 12 SC-11.03 UNIT PRICE WORK Delete paragraph 11.03.D.1 and 2 of the General Conditions in 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 Work amounts to 10° o or more of the Contract Price which is the total sum of all schedules (if any), and SC- 14.02.r^. APPLIC.4TIn~;c EnP. PAV1lREl`:TS Add the following lan~uaQe at the end of paragraph 14.02.A.1 of the General Conditi ons: Pa«nents for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for- all material included in Application No. 1. Vvithout such documentation amounts paid for materials in storage will be deducted from subsequent payments. Beginning with the second application, all requests for payment for materials in storage shall be accompanied by Bill of Sale, invoice or other document warranting clear title as required above. Add the following to Paragraph 14.02.A.3: Ln accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainage may be used by the Owner to offset costs for any o f the losses enumerated in Paragraphs 14.C.B.~.a through 14.02.B.~.d inclusive, 14.C.D. l.a. through i4.02.D.1.d inclusive, or 1~.02.C. Ln addition retainage may be used by th_e Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement schedule, and other data specifted herein or reasonably required by Owner or En Qineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Paee 10 of 12 ~~ ~~ ~J' ~' ~, ~~ ~~ E~ a ~~ ~~ ~~ y a S SC - ] 4.03.0 PAYMENT BECOMES DUE Delete Paragraph 14.0~.C.1 of the General Conditions to its entirety and insert the followin« in its place: The Owner s~~ill, unon presentation to him of the Contractors Application for Payment with 1/ngineer'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 3U days of the day of the month stipulated above at the preconstructior. conference. tiC- 14.0 3.11.1.c Amend the sentence of Param-aph 14.0?.D. Lc to read: ..entitiin~~ Owner to a set-off against the amount recommended. including liquidated damages; or... SC-] 4.03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of an_y progress payment by Engineer nor payment by the Owner to Contractor. nor any use or occupancy of the Worl: 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 incomorated in the project or not and whether included in an application for payment or not. for the full insurable value thereof. Passim title to Owner for materials and eauipment included in an application for payment does not relieve the Contractor of the Contractor's obii~ation to provide insurance (includinU property insurance) as required in Article ~ of the General Conditions and thes:: Supplementary Conditions..All insurance shall remain in effect as provided in Article ~. SC- 14.0 PARTIAL UTILIZATION Add the following to Paragraph 14.0~.A: Owner has the right to take possession of or use any completed or su'bstantialiv completed portions of the work at any tim°_, but such taking possession or usP will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Ov~~ner's use of any facilities so identizted in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owners Section 00810 SUPPLEMENTAP.Z' CONDITIONS TO THE GENERAL CONDITIONS Paee 1 i of I'' use of any facilities not specifically identified in the Contract Documents will be in accordance with conditions agreed to prior to such use, and any_ extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adiusted with a Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the entire work will be done in accordance with 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 throuuh 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 terminatin~~ tiro 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 14.06.A: After Contractor has remedied all deficiencies to the satisfaction of the Enuineer 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- ] 7.O1 GIVING NOTICE Add the following to Paragraph 17.O1.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 Ovtrner 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 00810 SUPPLEMENTARY COIv~ITIONS TO THE GENERAL CONDITIONS Page 12 of 12 ~~ • ~~ ~' • ~' ~' ~~ ~~ ~' ~' ~' ~~ ~~ ~~, N S r ' BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE Item Descri tion Unit Unit Price Estimated Quantit Total Estimated Price 101 Taxes, Bonds, Insurance L.S. 1 102 Mobilization L.S. 1 103 Connection to existin main Each 13 104 4" MJ ate valve Each 3 105 6" MJ ate valve Each 3 106 8" MJ ate valve Each 12 107 12" MJ ate valve Each 1 108 14" MJ ate valve Each 1 109 8x4 MJ increaser Each 2 110 8x6 MJ increaser Each 7 111 8x12 MJ increaser Each 1 112 8x4x8 MJ tee Each 2 113 8x6x8 MJ tee Each 4 114 8x8x8 MJ tee Each 3 115 8" cross Each 2 116 14" cross Each 1 117 11.25 de . 8" MJ bend Each 2 118 22.5 de . 8" MJ bend Each 2 119 45 de . 8" MJ bend Each 4 120 22.5 de . 14" MJ bend Each 1 121 8"ductile iron i e L.F. 2254 122 14"ductile iron i e L.F. 63 123 Service reconnection w/in trench limits 2" diameter and smaller Each 40 124 Service reconnection w/in trench limits 4" diameter and lar er Each 2 125 Service reconnection outside trench limits 2" diameter and smaller L.F. 100 126 Service reconnection outside trench limits 4" diameter and lar er L.F. 100 127 Fire H drant Each 4 128 Jack and Bore Each 1 129 Insulation L.F. 150 130 Traffic control L.S. 1 131 Tem ora waters stem L.S. 1 132 As halt Surface Restoration L.F. 2550 133 T e l i e beddin C.Y. 20 134 Qualit Assurance Testin L.S. 1 135 Miscellaneous Work Each $1.00 10,000 $10,000.00 3 BID FORM CITY OF BOZEMAN, MONTANA 2008 LAMME WATER MAIN REPLACEMENT PROJECT JUNE, 2008 TABLE OF CONTENTS CONTRACT DOCUMENTS Invitation to Bid Instructions to Bidders Bid Form Bid Bond Agreement Form Payment and Performance Bonds Standard General Conditions of the Construction Contact Supplementary Conditions Montana Prevailing Wage Rates Standard Forms CONSTRUCTION SPECIFICATIONS Special Provisions Measurement and Payment Pipe Boring & Jacking APPENIX A Standard Drawings SECTION 00100 INVITATION TO BID Separate sealed bids for construction of City of Bozeman 2008 Lamme Water Main Replacement Project will be received by the City Clerk at the office of City Hall, 411 East Main Street, P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:30 P.M., local time, July 16, 2008 and then publicly opened and read aloud. The work involves replacement of existing mains with the installation of approximately 2254 LF of 8" ductile iron water main and appurtenances. The work area is generally described as: Lamme Street from Grand to Tracy, and from Black to Church. The Contract Documents may be examined or obtained at the office of the City of Bozeman Engineering Department, 20 East Olive Street, Bozeman, Montana 59771-1230, 406-582-2280, in accordance with Article 2.01 of Instruction to Bidders. Required deposit is $50.00 per set, which is not refundable. There will be a Pre-Bid Conference at the office of the City of Bozeman Engineering Department at 10:00 A.M. on July 8, 2008. Interested CONTRACTORS are encouraged to attend. CONTRACTOR and any of the CONTRACTOR'S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. The CONTRACTOR must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS, shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(S) and a certificate(s) of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of bids, which is at 2:30 P.M. local time, July 16, 2008. Section 00100 INVITATION TO BID Page 1 of 2 The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the OWNER. The Contractor is required to be an Equal Opportunity Employer. Published Bozeman, Montana, this 29th day of June, 6th day of July, 2008. Stacy Ulmen City Clerk, City of Bozeman Address: City Hall, 411 East Main St. Bozeman. MT 59771-1230 Section OOI00 INVITATION TO BID Page 2 of 2 INSTRUCTIONS TO BIDDERS BIDS All Bids must be made on the forms provided in this bound copy of the Contract Documents. All Bids must be legibly written in ink, with all prices given in figures and total bid amount given in words and figures. No alterations by erasures or interlineations will be permitted in Bids or in the printed forms. Each Bid shall be enclosed in a sealed envelope addressed to the Clerk of the Commission, City Hall, 411 East Main Street, P.O. Box 1230, Bozeman, Montana 59771-1230, and endorsed on the outside of the envelope with the words: 2008 LAMME WATER MAIN REPLACEMENT PROJECT, CITY OF BOZEMAN. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee, in the amount stipulated in the Invitation To Bid, made unconditionally payable to the Owner, which maybe either a Cashier's Check or a Certified Check drawn on an acceptable bank. A Bidder's Bond issued by a surety company authorized to do business in the State of Montana will also be acceptable. SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name and with his business address or place of residence. In case of a firm or partnership, the name and residence of each member must be inserted. Incase the Bid is submitted by, or on behalf of, a corporation, it must be signed in the name of such corporation by an official who is authorized to bind the corporation, and who shall also affix the corporate seal of such corporation. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that person's authority. ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another, or of others, may be required to submit satisfactory evidence of this authority to do so. The title of the person(s) executing the Bid or Agreement shall be clearly indicated beneath his signature. QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon, and that they have the necessary financial resources to complete the proposed work. In determining the lowest responsible bid, the following elements will be considered: whether the Bidder involved (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the work properly and expeditiously; (c) has a suitable financial status to meet obligations incident to 1 INSTRUCTIONS TO BIDDERS I~ 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 mariner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification, Stn Edition (MPWSS), published March 2003, shall be used to govern the contractual and performance aspects of this project, and is hereby incorporated as part of these CONTRACT DOCUMENTS, as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications (COB MODS), dated March 2004, including Addenda No.1, 2, and 3 which is also hereby incorporated as part of these contract documents, and as further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman, in order to assist the Contractor in preparation of his Bids. The complete CONTRACT DOCUMENTS which comprise this entire document, and are made a part hereof, consist of the following: Invitation to Bid ............................ Bound Herein Instructions to Bidders .................. Bound Herein Bid Form ...................................... Bound Herein Bid Bond ...................................... Bound Herein Agreement Form .......................... .Bound Herein Payment Bond .............................. MPWSS/Bound Herein Performance Bond ........................MPWSS/Bound Herein Standard General Conditions....... .MPWSS Supplementary Conditions........... .MPWSSBound Herein Miscellaneous Forms Notice of Award ..................Bound Herein Notice To Proceed ........... .. MPWSSBound Herein Field Order ................. ..MPWSSBound Herein Change Order ................... ..MPWSS/Bound Herein Work Directive Change... ....MPWSS/Bound Herein Application For Payment (Guidance Only) ............ ... Bound Herein Certificate of Substantial Completion .................... ....MPWSSBound Herein Order to Contractor to 2 INSTRUCTIONS TO BIDDERS i Suspend Work ...............Bound Herein Order to Contractor to Suspend Work............Bound Herein Contractors Certificate And Release ...............Bound Herein Lien Waiver for Prime Contractor ................Bound Herein Lien Waiver for Subcontractor/Supplier...Bound Herein Wage Rates ...................................Bound Herein Special Provisions ..........................Bound Herein Technical Specification ...................MPWSS & COB MODS Appendix A--Standard Drawings......... MPWSS/Bound Herein Appendix B--Maps and Plan Sheets...... Bound Herein EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid, each Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. Any Bidder may, upon request, examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Any administrative requirements and associated costs of such investigations are the responsibility of the Bidder. The lands upon which the Work is to be performed, rights-of--way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the specifications or on the drawings. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this section and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. 3 INSTRUCTIONS TO BIDDERS Where logs of test borings are included in the contract plans, it is agreed that such logs do not constitute a part of the contract and are included only for the convenience of the bidder or Contractor and do not relieve him of his duties under this section or of any other responsibility under the contract. No information derived from any inspection of records of investigation or compilation thereof made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations under the contract. UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written inquiry of the related utility agency to determine the location of underground utilities in the project area. INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents. TIME OF COMPLETION The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. The number of days within which, or the dates by which, the Work is to be Substantially Completed are set forth in the Bid Form and the Agreement Form. LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement Form. ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal, shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. Proposals shall be in a sealed envelope and addressed to: City Clerk City Hall 411 E. Main Street P.O. Box 1230 Bozeman, MT 59771-1230 4 INSTRUCTIONS TO BIDDERS The envelope shall also contain the following information: Name of Project: 2008 LAMME WATER MAIN REPLACEMENT PROJECT, City of Bozeman Name of Contractor: Montana Certificate of Contractor Registration No. Acknowledge Receipt of Addendum No.: , In the lower left hand corner of the envelope print or type: BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M. July 15, 2008. Proposals shall be made in accordance with the following instructions: A. Submit one copy of the complete bound document in an opaque sealed envelope. DO NOT REMOVE THE PROPOSAL OR ANY OTHER PAGES FROM THE BOUND CONTRACT DOCUMENT. B. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with these documents. C. All blank spaces must be properly filled. D. The total bid price must be stated in both writing and in figures. In case of a discrepancy between unit price and total bid price, the unit prices or lump sum prices shall be used in computing the total bid price. E. The proposal form shall contain no additions, conditions, stipulations, erasures, or other irregularities. F. The proposal must acknowledge receipt of all addenda issued. G. The proposal must be signed in ink and display the bidder's name, address, and current Montana Contractor's License Number. SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. 5 INSTRUCTIONS TO BIDDERS ii ii i~ r ii ii i~ ~', i~ C u J i Bids which are signed for a co-partnership shall be signed by all ofthe co-partners or by an attorney-in- fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the work: By: Title: Corporate Seal If bids are signed for any other legal entity, the authority of the person signing for such legal entity should be attached to the bid. TELEGRAPHIC MODIFICATION Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids. The telegraphic communication shall not reveal the bid price, but shall only provide the addition or subtraction from the original proposal. Telegraphic proposal modifications must be verified by letter. This written confirmation shall be received no later than three working days following the bid opening or no consideration will be given to the telegraphic modification. BID REQUIREMENTS The bidder is expected to base his bid on materials and equipment complying fully with the plans and specifications and, in the event he names in his bid materials or equipment which do not conform, he will be responsible for furnishing materials and equipment which fully conform at no charge in his bid price. Before submitting a proposal, each Contractor should read the complete Contract Documents (including all addenda), specifications and plans, including all related documents containing herein, all of which contain provisions applicable not only to the successful bidder, but also to his subcontractors. BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under this contract are 6 INSTRUCTIONS TO BIDDERS ' approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that, during progress of the work, ' the Owner may find it advisable to omit portions of the work, to increase or decrease the quantities as may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under this contract ' shall be the actual amount of work done and the materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on ' account of any difference which may be found between quantities of work actually done and the estimated quantities. ' WITHDRAWAL OF BID No Bidder may withdraw his Bid after the date and hour set for the opening declared herein. A Bidder may withdraw his proposal by a written request of the Bidder at any time ' prior to the expiration of the period during which Bid maybe submitted, which request must be signed in the same manner and by the same person or persons who signed the Bid. ' ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the ' best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted, or reject nonconforming, non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. i~ 7 i~ SUBCONTRACTORS Within seven days after Bids are opened, the apparent low Bidder, and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor, if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, they may, before giving the Notice of Award, request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the contract price. If the apparent low Bidder declines to make any such substitution, the contract may not be awarded to such Bidder, but Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any subcontractor so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer. Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will be required in the performance of the work. 7 INSTRUCTIONS TO BIDDERS i ii AWARD OF CONTRACT OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. O WNER may also rej ect the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because bid is not responsive, or the Bidder is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the OWNER. The OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternatives, unit prices and other data, as maybe requested in the Bid Form or prior to the Notice of Award. ' In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, or other individuals or ' entities must be submitted as provided in the Supplementary Conditions. OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, ' qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents, Bid price, and other appropriate factors. If the Contract is to be awarded, OWNER will give the Successful Bidder aNotice of Award within sixty (60) days after the day of the bid opening. The OWNER reserves the right to cancel the award of any contract at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. If, at any time this Contract is to be awarded, the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such other action as best serves the Owner's interests. CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. RETURN OF BID GUARANTEE All Bid guarantees, except those of the three lowest Bidders, will be returned immediately following the opening and checking of the Bids. The Bid guarantees of the unsuccessful of the three lowest Bidders will be returned within ten (10) days following the award of the 8 INSTRUCTIONS TO BIDDERS 7 contract. The Bid guarantee of the Bidder to whom the contract is awarded will be returned when said Bidder has executed an Agreement and filed satisfactory Performance and Payment Bonds as hereinafter stipulated. PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded will be required to furnish a Performance Bond and a Payment Bond in favor of the Owner each in an amount equal to one-hundred percent (100%) of the Agreement amount. The Bonds shall be executed on the forms bound herein, signed by a surety company authorized to do business in the State of Montana, and acceptable as a surety to the Owner and countersigned by a Montana Resident Agent. With the Bonds, there shall be filed with the Owner one copy of Power of Attorney certified to include the date of the Bond. EXECUTION AND APPROVAL OF AGREEMENT The Agreement shall be signed by the successful Bidder and returned, together with the contract Bonds, within the time shown on the Bid. If the Agreement is not executed by the Owner within fifteen (15) days following receipt from the Bidder of the signed Agreements and Bonds, the Bidder shall have the right to withdraw his Bid without penalty. No Agreement shall be considered as effective until it has been fully executed by all of the parties thereto. ' FAILURE TO EXECUTE AGREEMENT Failure to execute the Agreement and furnish a Performance Bond and Payment Bond shall be just cause for annulment of the award. In the event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not as a penalty but as liquidation of ' damages sustained. Award may then be made to the next lowest responsible and qualified Bidder, or the work may be re-advertised as the Owner may decide. 7 i 7 BOUND COPY OF CONTRACT DOCUMENTS None of the Instructions to Bidders, Bid Form, Bond forms, Agreement, contract stipulations, or other specifications shall be removed from the bound copy of Contract Documents prior to submission of Bid. PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. Notice of Extended Payment Provision: This contract allows the owner to make payment within 14 days after approval of the payments. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty (30) days, progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard 9 INSTRUCTIONS TO BIDDERS C 0 ii 1 7 i prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18- 2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. POSTING Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wages to be paid to the employees. LOCAL LABOR Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. MONTANA CONTRACTOR REGISTRATION REQUIREMENTS Contractor and any of the contractor's subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694) ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS TAXI In accordance with Title 15, Chapter 50, MCA, the Owner shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. BIDDER PREFERENCE In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference of three percent (3%) will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder. This preference applied unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further, wherever possible, products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price, quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. 10 INSTRUCTIONS TO BIDDERS BID FORM 2008 LAMME WATER MAIN REPLACEMENT PROJECT CITY OF BOZEMAN BOZEMAN, MONTANA 59771 t TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract ' Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the work: ' HEREBY PROPOSES and a rees if this bid is acce ted to enter into an A reement in the form g ~ p ~ g attached, to perform all work for the construction of the 200 LAMME WATER MAIN REPLACEMENT PROJECT, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment ' required to be incorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the Contract Documents to be performed or ' furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the ' Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen ' (15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. ' The allowed contract time is 60 calendar days. ' Where multiple schedules are awarded under a single Contract, the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. ' Liquidated Damages shall be as specified in Article 2.2 of the Agreement Form. ' The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above, after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the ' contract. ' 1 BID FORM The undersigned Bidder agrees that he has been afforded access to the construction site and has ' performed those independent site investigations as he deemed necessary. The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; 1 D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. 2 BID FORM BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE Item Descri tion Unit Unit Price Estimated Quantit Total Estimated Price 101 Taxes, Bonds, Insurance L,S. ~gOno' 1 .Z~nc~c~ 102 103 Mobilization C i L.S. o o ~ ~, - 1 '2 ~jdcs~ 104 105 106 onnect on to existin main 4" MJ ate valve 6" MJ ate valve 8" MJ Each Each Each Sou ~' 1 ~ -- /~,~ ~ " 13 3 3 $C)0 - ~ ~ . boo 107 ate valve 12" MJ Each / p~ 12 °Z /~ r 108 ate valve 14" MJ Each ~ p,7 1 ` 0 109 ate valve 4 MJ i 8 Each p~ - 1 ~, ~c~ c, - 110 x ncreaser 8x6 MJ increaser Each Each ~~ ~?O° 2 7 r75V -- ZBQ~ 111 112 113 8x12 MJ increaser 8x4x8 MJ tee 8 6 Each Each r 'o ° 1 2 ~ s7S- 3 c~0 -- x x8 MJ tee Each 5 ° 4 ~O~ 114 115 116 117 118 119 8x8x8 MJ tee 8" cross 14" cross 11.25 de . 8" MJ bend 22.5 de . 8" MJ bend 45 d " Each Each Each Each Each V " ~ ~~ ~ Sod ' o o ~ 50~ - 3 2 1 2 2 5 O Zo~u o O )voo , ~ ~ o - 120 e . 8 MJ bend 22 " Each ~o" 4 ~~Jo~ .. 121 122 123 124 .5 de . 14 MJ bend 8"ductile iron i e 14" ductile iron i e Service reconnection w/in trench limits 2" diameter and smaller Service reconnection w/in trench limits 4" diameter and lar er Service reconnection outside trench Each L.F. L.F. Each Each J6ov ,~~"'~ ' ~ 7sp "' J $oo 1 2254 63 40 2 /60~ /oZ~~lJO ~~ ~~,~`~ -~ - ~O~ - ~ ~,O 125 limits 2" diameter and smaller L.F. ~~ ~ 100 ~$ b0 Service reconnection outside trench 126 limits 4" diameter and lar er L.F. ~Z'c - 100 yooa 127 Fire H Brant Each mac;" 4 0 - 128 129 Jack and Bore Insulation Each L.F. qp "" 1 150 580a 1, "` c~Q p'' 130 Traffic control L.S. a.ir~Q 1 ~~~~_ 131 132 133 Tem ora waters stem As halt Surtace Restoration T e l i e beddin L.S. L.F. C.Y. Zd rya ~ ~ ov- 1 2550 20 2,0 00~ - / ~ ZQnu 134 Qualit AssuranceTestin L,S. iZooo ` 1 ~~COa~- 135 Miscellaneous Work Each $1.00 10,000 $10,000.00 3 BID FORM TOTAL BASE BID AL BASE BID - RDS) $ ~~a `~ ~5 The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in preparation of this Bid: No. ~ Dated cl c;a No. Dated No. Dated No. Dated Submitted this / ~ day of ,~ u ~ ~ , 2008. SIGNATURE OF BIDDER: ,~~~ Montana Contractor Registration Number .5 7 (~~ If an individual: doing business as If a Partnership: by partner If a Corporation: OI'L'! (~ ~NL ~c,~acx,~ 7~ ,v ~ ~Tl I ~~~~3 .Z,U~, (a) by ~ 1/wD N ~ r~-o~a ~ I Title ~~ 25 1~e•~"~ 4 (meal & Attest) BID FORM Business Address of Bidder: ~ZS~7 Li ~~ ~~ /~ ~Dzc-lwt~1 ~1 5'9 `7l b' If Bidder is a joint venture, other party must sign below: Montana License Number and Class If an Individual: business as If a Partnership: by Partner If a Corporation: (a)_ by _ Title Corporation doing 5 (Seal & Attest) BID FORM u " PENAL SUM FORM ' BID BOND Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable. ' BIDDER (Name and Address): Omdahl Excavation and Utilities, Inc. 3250 Linney Road Bozeman, MT 59718 ' SURETY (Name and Address of Principal Place of Business): First National Insurance Company of America t SAFECO Plaza Seattle, WA 98185 OWNER: (Name and Address): City of Bozeman, Montana ' P. O. Box 1230 Bozeman, MT 59771-1230 BID Bid Due Date: July 16,2008 ' Project (Brief Description Including Location): 2008 Lamme Water Main Replacement Project, ~ City of Bozeman. BID Bond Number: 112108 Date (Note later than Bid due date): July 14, 2008 Penal sum Ten Percent of Total Amount Bid***************** $10% of Bid (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDE° SURETY First National Insurance Company of Omdahl Excavation and Utilities, Inc. (Seal) America (Seal) Bidde-r's Name and Corporate Seal Surety's e d C rate Seal By:.!~.,, - ~' .~~ P-tea,./ By: Signat •e and Title Signature and Title Rich d erring, n (Attach Po er of Attorney) Att ey-in- act i Attest: Sig^, n itle Signature and Title Donna K. Tucek, CISR ove addresses are to be used for giving required notice. EJCDC NO. C-430 (2002 Edition) 5-7022/GE 7/03 XDP II II II u u L [] 0 PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Surety's liability. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. This obligation shall be null and void if: 3.1. Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents, or 3.2. All Bids are rejected by Owner or 3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. ]0. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statue shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendaz days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or azising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendaz days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 11. The term "Bid" as used herein includes a Bid, offer or proposal as applicable. EJCDC NO. C-430 (2002 Edition) S-70221GE 7103 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ************JULIE A BENNETT; MARK COLLINS; TYLER P. DELANEY; RICHARD B. DEMING; DEBORAH DUNEMAN; PETER N. MCGEE; WILLIAM R. PRICE; DONNA K. TUCEK; Bozeman, Montana*********************************** its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 21st POWER OF ATTORNEY No. 10121 First National Insurance Company of America Safeco Plaza Seattle, WA 98185 day of December 2007 STEPHANIE DALEY-WATSON, SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any ocher manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 7970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson ,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are stilt in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 14th SEA L 1928 .a4 5-1049/DF 4/05 ~* ~ day of July ~nn$_ STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WE8 PDF NOTICE OF AWARD Dated: TO: Omdahl Excavation & Utilities, Inc. ADDRESS: 3250 Linney Road PROJECT: Bozeman, MT 59718 CONTRACT FOR: 2008 Lamme Water Main Replacement Project You are notified that your Bid opened on July 16, 2008, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: 2008 Lamme Water Main Replacement Project. The Contract Price of your Contract is: Five Hundred Eighty Eight Thousand Eight Hundred Forty Five Dollars ($ 588,845.00). Five (5) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice ofAward. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by $ ~ ~ L D S 1. You must deliver to the OWNER Five (5) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (Article 20), and the General Conditions (paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA BY: (CITY MANAGER) DATE: 8 - ~ - ~ ~ ATTEST: ~ ~ (CI!T CLE K) J 0 7 AGREEMENT FORM THIS AGREEMENT is dated as of the `Z~ day of August in the year 2008, by and between CITY OF BOZEMAN, hereinafter called OWNER, and Omdahl Excavation and Utilities, Inc. hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Replacement of existing mains with the installation of approximately 2254 LF of 8" ductile iron water main and appurtenances. The work area is generally described as: Lamme Street from Grand to Tracy and From Black to Church. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2008 Lamme Water Main Replacement Proiect, City of Bozeman . Article 2. CONTRACT TIME. 2.1 The Work will be completed within 60 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. ' Article 3. CONTRACT PRICE. ~7 C~ 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of Five Hundred Eighty Eight Thousand Eight Hundred Forty Five Dollars ($ 588,845.00). Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. ' 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work ' measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the ' General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions (by reference). 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Fifth Edition, dated 2003, with addenda, and City of Bozeman Modifications to Montana Public Works Standard Specifications Fourth Edition, March 2004, including Addenda No. 1, 2, and 3. 7.12 Appendix A and Appendix B. 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. i~ 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (CONTRACTAO'R/)~ By ~.~.,~ d~---e~cl~ (SEAL &) --- " (ATTEST) - -- --- ~ _ - - `.y Title Pic . V ~ --_ - ~. - ;; _ -_ _ - -~. - J ~.` ~, - (JOINT VENTURE) By (SEAL &) (ATTEST) Title Cit_y of Bozeman (OWNER) r B (CITY MANAGER) (SEAL &) (ATTEST) APPROVED AS TO FORM: j _~--~-- , (CITY EY) c:\wpdocs\forms\ageefrtn. mrg PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Omdahl Excavation and Utilities, Inc. 3250 Linney Road Bozeman, MT 59718 OWNER (Name and Address): r~~1,~ ~D~j City of Bozeman, Montana P. O. Box 1230 Bozeman, MT 59771-1230 SURETY (Name and Address of Principal Place of Business) First National Insurance Company of America Safeco Plaza, Seattle, WA 98185 CONTRACT Date: Amount: $ 588,845.00 Descriptions (Name and Location): 2008 Lamme Water Main Replacement Project Bozeman, MT BOND Bond Number: 6458343 t9 Date (Not earlier than Contract Date): glZ~'~v Amount: $ 588,845.00 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: Omdahl Excavation and Utilities, Inc. Signature: ©r..,~~ (Seal) Name and Tom' ~: f1~ ;" _ _ (S~*3ce is pro5rtd~i below for signatures of additional r~ai•ties,:if re:lu~ed.) CONTRAC.~R AS PRINCIPAL C:omp2riy: Signature: (Seal) Name and Title: SURETY First National'l~hj s~rancef,,ompany of America Surety's N~afd Corporate Seal BY' ~6~~c..,`j Signature and Title Richard erring, (Attach Power of Attorney) Attorney-in-Fact Attest: ~~,~, ~ ~~ Signature and Title Donna K. Tucek, CIS SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title (Seal) EJCDC No. C-610 (2002 Edition) Originally prepared through the joint efforts of Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. S-7021/GE 7/03 XDP 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference. 2. [f Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3. I. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3. L 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 Default; 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 [ham twenty days after Contractor and Surety have received notice as provided in paragmph 3. l; and 3.3 The Owner has agreed to pay the Balance of the Contract Puce to: I. The Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to paragraph 4.3 [o 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 I Arrange for Contractor, with consent of Owner, to perform and complete the Contact, or 4.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and the contractor selected with Owners concurrence, to be secured with performance 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 incured by Owner resulting from Contractor Default; or 4.4 Waive its right [o perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shalt be deemed to be in default on this Bond IS days after receipt of an additional written notice from Owner to Surety demanding that Strrety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy 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 part, without further notice Owner shall be entitled to enforce any remedy available to Owner. FOR INFORMATION ONLY -Name, Address and Telephone Surety Agency or Broker Owner's Representative (engineer or other party) First West, Inc. City of Bozeman, Engineering Department P. O. Box 1800, Bozeman, MT 59771 P. O. Box 1230 406-587-5111 Bozeman, MT 59771-1230 6. After Owner has tertttinated Contractor s right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety [o Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be Beater 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 obligated 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 Contractors Default, and resulting from the actions or failure to act of Surety under Paragmph 4; and 6.3 Liquidated damages, or if no liquidated damages aze 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 obligations of Contractor that aze unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or se[ off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its hens, 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 be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails [o perfortt its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 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 herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be conswed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of [he Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 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 perform or otherwise to comply with the terms of the Contract. 12.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perforn and complete or comply with the other terms [hereof. S-7021/GE 7/03 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Omdahl Excavation and Utilities, Inc. 3250 Linney Road Bozeman, MT 59718 OWNER (Name and Address): City of Bozeman, Montana P. O. Box 1230 Bozeman, MT 59771-1230 CONTRACT Effective Date of Agreement: ~rZf (t~ Amount: $ 588,845.00 Description (Name and Location): 2008 Lamme Water Main Replacement Project Bozeman, MT BOND Bond Number: 6458343 Date (Not earlier jha Effective Date of Agreement): ~3 21 18 Amount: $ 588,84 .00 Modifications to this Bond Form: None SURETY (Name, and Address of Principal Place of Business): First National Insurance Company of America Safeco Plaza, Seattle, WA 98185 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Omdahl Excavation and Utilities, Inc. (Seal) i~ i~ i~ ii I,~ Contractor's Name and Corporate Seal By: Signature Print Name Attest: First National Insurance Company of America (Seal) - Surety's Na and Co orate Seal - By: _ _ ignature (Attach Power o rney) Richard B. Deming Print Name Attorney-in-Fact Title Title Attest: ~~-~ ~. Signature Signature Donna K. Tucek Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. {MW001504;1} EJCDC C-615(A) Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Paee 1 of 3 S-7148/GE 4/08 ' XDP 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemenifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non- payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph IZ) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have famished 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 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 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. Reserverd. . 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy ' obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 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. 7 ' {MW001504;1} EJCDC C-615(A) Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 ' S-7148/GE 4/08 1 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 1 from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or ' prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with afirst-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 otherwise comply with the other terms thereof. FOR INFORMATION ONLY -(Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other): First West, Inc. P. O. Box 1800, Bozeman, MT 59771 406-587-5111 City of Bozeman, Engineering Department P. O. Box 1230 Bozeman. MT {MW001504;1} EJCDC C-615(A) Payment Bond March 2005 Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 S-7148/GE 4/08 POWER First National Insurance Company of America OF ATTORNEY Safeco Plaza Seattle, WA 98185 KNOW ALL BY THESE PRESENTS: No. 10121 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ************JULIE A BENNETT; MARK COLLINS; TYLER P. DELANEY; RICHARD B. DEMING; DEBORAH DUNEMAN; PETER N. MCGEE; WILLIAM R. PRICE; DONNA K. TUCEK; Bozeman, Montana*********************************** its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 21st day of December 2007 ~~ 4 f~~ .~- ' , ~:~~~ ' STEPHANIE DALEY-WATSON, SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: ' "Article V,-Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or t evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of ' FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and ' (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the ' foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation ' s ,E. ~^ this ~ ~ day of (/ Ujp- 0® ~R~+~ce ~ ' or4 ~RYOR,~ ~'~to~ s SEAL '',rd~~fof~~~,~'\~'+~ STEPHANIE DALEY-WATSON, SECRETARY 5-1049/DF 4/05 • ~ ~ Sateco®and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF OP ID DT DATE (MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE OrIDAx-1 os o4 08 • ACORD NFORMATION THIS CERTIFICATE IS ISSUED AS A MATTER OF I PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE First West, Inc. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HOLDER PO Box 1800 . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1905 Stadium Dr Bozeman MT 59715 Phone:406-587-5111 Fax:406-586-0271 NAIC # INSURERS AFFORDING COVERAGE INSURED INSURER A: Cincinnati Insurance Company INSURER B: Montana State Fund INSURER C: 3250hLinneyvRoadn INSURER D: $OZeman MT 59718 INSURER E: COVERAGES D BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING SUED OR THE POLICIES OF INSURANCE LISTE TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH ANY REQUIREMENT RESPECT TO WHICH THIS CERTIFICATE MAY BE IS EXCLUSIONS AND CONDITIONS OF SUCH ALL THE TERMS , , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO MAY PERTAIN , POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N LIMITS E LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY EACH OCCURRENCE $ 1 , OOO , OOO GENERAL LIABILITY ILITY CPP0819722 05/15/07 05/15/10 PREMISES (Eaoccurence) $ 500,000 A X COMMERCIAL GENERAL LIAB MED EXP (Any one person) $ 10 , 000 CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $ 1 , OOO , OOO GENERAL AGGREGATE $ 2 , OOO , OOO PRODUCTS -COMP/OP AGG $ 2 , OOO , OOO GEN'L AGGREGATE LIMIT APPLIES PER: Em Ben . lmil / 3mil POLICY X JECOT LOC COMBINED SINGLE LIMIT $ 1 , OOO , OOO AUTOMOBILE LIABILITY CAPiO819722 05/15/08 05/15/09 (Ea accident) A ]{ ANY AUTO BODILY INJURY $ ALL OWNED AUTOS (Per person) - SCHEDULED AUTOS BODILY INJURY $ HIRED AUTOS (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY EA ACC $ OTHER THAN ANY AUTO AUTO ONLY: AGG $ EACH OCCURRENCE $ $1 , OOO , OOO EXCESS/UMBRELLA LIABILITY UR ~ CLAIMSMADE CPP0819722 05/15/07 05/15/10 AGGREGATE $ $1,000,00 p~ X OCC .-._. $ DEDUCTIBLE $ X RETENTION $-O- X TORY LIMITS ER WORKERS COMPENSATION AND ^ EMPLOYERS'LIABILITY 032643520 07/01/08 07/01/09 E.L. EACH ACCIDENT $50000 B ECUTIVE E.L. DISEASE-EA EMPLOYEE $ 500000 OFFICER/MEM ER EXCLUDED? E.L. DISEASE-POLICY LIMIT $ 500000 If yes, describe under SPECIAL PROVISIONS below OTHER _, DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS rtificate holder, C e RE: 2008 Lamme Water Main Replacement Project. dditional insureds for engineer and engineers consultants are listed as a rest if such interest is required by t i e n this project with respects their - written and executed contract per form GA233 0802. CANCELLATION CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION - CITYBI5 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR -' City Of Bozeman REPRESENTATIVES. PO BOX 1230 AUEPRESENTATVE Bozeman MT 59771-1230 L ~~ ©ACORD CORPORATION 1988 ~ AI fly ACORD 25 (2001108) acoRD EVIDENCE' OF PR~PER~ ~~ INSURANCE OP-o DT DATEIMM/DD/YY) a rb 08/04/08 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER VHONEIFA% (NC, NO, EM: 406-587-5111 /406-586-027 COMPANY First West Inc. 06 Po soX 18 Cincinnati Insurance Company 1905 Stadium Dr PO Box 145496 Bozeman MT 59715 Fairfield OH 45250-5496 B an D. Hall CIC CODE: 2 5 -00 6 SUB CODE: CUSTOMER ID #: OMDAH-1 INSURED LOAN NUMBER POLICY NUMBER Omdahl Excavation CAP5163038 bi Ut1.11t1e8 Inc . EFFECTIVE DATE EXPIRATION DATE CONTINU ED UNTIL 3250 Linney Road O8/04/Og 08/04/09 TERMINA TED IF CHECKED BOZeman MT 59718 I THIS REPLACES PRIOR EVIDENCE DATED: -PROPERTY INFORMATION LOCATION/DESC RI PTIO N 001 City of Bozeman, 2008 Lamme Water Main 2008 Lamme Water Main Replcmnt Replacement Project Bozeman MT 59715 COVERAGEINFORMATION COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Builders Risk $588,845 $1,000 Flood $588,845 $5,000 Earthquake $588 845 $5,000 Soft Costs $60,000 $1,000 In-transit $60,000 $1,000 Temporary location $60,000 $1,000 REMARKS (Including Special Conditions). Replacement of existing mains with the installation of approximately 2254 LF of 8" ductile iron water main and appurtenances. The work area is generally described as: Lamme Street from Grand to Tracy and from Black to Church. Subcontractors and sub-subcontractors are also listed as additional insureds. CANCELLATION THE POLICY IS SUBJECT TU THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 45 DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. ADDITIONAL INTEREST NAME AND ADDkESS MORTGAGEE X ADDITIONAL INSURED LOSS PAYEE City of Bozeman LOAN# 2 PO BOX 1 30 AUTHORIZED REPRESENTATIVE Bozeman MT 59771-1230 ACORD 27 (3193) ~ACORD ~CORPORATION'1993 'Tis document has important legal consequences:. consultation with an attorney is encouraged with respect to its use o, I modificanon. This document should be adapted to the pantcuiar circumstances of the contemplated Project and the ~~ Conrrollm^ Law. STANDARD ~ GENERAL CONDITIONS OF THE ~ CONSTRUCTION COI~ITRACT Prepared by ENGINEERS .IOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By -° Nafiona! Society of Professional Engineers« , ;,. , ~,~ ~.~,i .,, „~ i:.~.~~r .~ i o.n+~.u`. _. PmfitssiOml EilgtnBers JA Prtrate Prxhre ~••,~.•~ y~•r •~. u~, E~•••+ PROFESSIONAL ENGI7~tEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CTVIL ENGINEERS This document has been approved and endorsed by c y ~~ ,.t ~i~ The Associated General Contractors of America Knowiaooe for Greauno antl Sustaninc ine Buin Envnonmem Construction Specifications Institute C~ EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 0 i T~.BLE OF CONTENTS Pa~° i i ARTICLE 1 -DEFINITIONS AND TERMINOLOGI' 1.01 Dejntecl Tei•ms' ................................................................................................................................................. ......... 1.02 Ternnitolog~~ .................................................................................................................................................... ......... 7 ARTICLE 2 - PRELIMINARI' MATTERS ...................................................................................................................... ......... 8 2.01 Deliven~ o(Bonds and evidence of lnsurance ................................................................................................ ......... 2.02 Copies o~Doctiments ...................................................................................................................................... ......... b 2.03 Commencement of Contract Tines; Nozlce to Proceed .................................................................................. ......... S 2.04 Starting the W'orl:. .................................................................................................................................. . ...... ......... 5 2.05 Before Starting Consn•uction .......................................................................................................................... ......... 8 2.06 Preconstruction Conjerence ........................................................................................................................... ......... ~ 2.07 Initial Acceptance of Schedules ..................................................................................................... ................ ......... 8 ARTICLE ~ - CONTILSCT DOCUMENTS: INTENT. AMENDING. REUSE ............................................................... ......... 9 3.01 Intent ............................................................................................................................................................... ......... 9 3.02 Reference Standards ....................................................................................................................................... ......... 9 3.03 Reporting and Resolving Discrepancies ..........................................................:.............................................. ......... 9 3.O4 Amending and Supplementing Cons-act Documents ...................................................................................... ....... 10 3.05 Reuse of Documents ........................................................................................................................................ ....... 10 3.06 Electronic Data ............................................................................................................................................... ....... 10 ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS: REFERENCE POINTS ......................................................................................... .......10 4.O1 Availabilirn of Lands ....................................................................................................................................... ....... ] 0 4.02 Suhsuface mid Phvsical Conditions .............................................................................................................. ....... 1 1 4.0 3 Differntg Subsurface or Phvsical Conditions ................................................................................................. ....... 1 1 4.04 (J'nderground Facilities .................................................................................................................................. ....... 12 4.05 ReJer•ence Points .............................. ....................................................................... ........................................ ....... 12 4.06 Hazm•dous Environmental Condition at Site .................................................................................................. .......12 ARTICLE 5 -BONDS AND II~TSURANCE ...................................................................................................................... .......13 5.01 Performmu•e, Pavment, and Other Bonds ...................................................................................................... ....... 13 5.02 Licensed Sureties mid Insurers ....................................................................................................................... ....... 14 5.03 Cer•ttficates ofln.rur•ance ................................................................................................................................. ....... 14 5.04 Conn-actor's Liabilin~ Insurance .................................................................................................................... ....... 14 5.05 Owner's Liabilin~ Insurance ........................................................................................................................... ....... 15 5.06 Propern~ Insurance ......................................................................................................................................... .......15 5.07 Waiver of Rights ............................................................................................................................................. .......16 5.08 Receipt and Application of Insurance Proceeds ............................................................................................. ....... ] 6 5.09 Acceptance of Bonds and Insurance; Option to Replacc ................................................................................ ....... 16 S.l 0 Pm•tial Utilization, Acknowledgment of Property Insurer .............................................................................. .......) 7 ARTICLE 6 -CONTRACTOR'S P`ESPONSIBILITIES ................................................................................................... .......17 6.0 i Supervision and Super-intendence .................................................................................................................. ........ 17 6.02 Laboi•; W'or•king Hours .................................................................................................................................. ........ 1 7 6.03 Sen~ices, Materials, mid Equtpment .............................................................................................................. ........17 6.04 Pr•ogr•ess Schedule ......................................................................................................................................... ........ 17 6.05 Subsntutes and "Or-Eguals " ......................................................................................................................... ........18 6.06 Concerning Subconn•actors, Suppliers, mid Others ..........................................:........................................... ........19 6.07 Parent Fees and Rovalries ............................................................................................................................. ........2U 6.08 Permits ........................................................................................................................................................... ........20 6.09 LaH~s acid Regulatiorts .................................................................................................................................... ........20 6.10 Taxes .............................................................................................................................................................. ........21 6.11 Use of Site and Otlter-Ar•eas .......................................................................................................................... ........21 6.12 Record Documenrs ......................................................................................................................................... ........21 6.13 Safety and Pi•otection ..................................................................................................................................... ........? 1 6.14 Safen%Repr•esentazive ...................................................................................... ?~ 6.15 Hazm•d Communication Pi•ograms ................................................................................................................ ........2'' EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G 2002 lvational Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 2 14.0 Partial Utili=ation .................. . . . 3" . . . ............................................................................... 14.06 Final /rtspection .......................................................................................................... ..................__....................... ...........................................3" 1-#.07 rinal Pavment ............................................................................................................. 14.0 rival Comp/enon Deiaved .......................................................................................... 14.09 63'ait-er of Claims ........................................................................................................ ARTICLE 1 ~ -SUSPENSION OF WORK AND TERMINATION ............................................. 1 ~.Ol Owner A1av Suspend W'ork ......................................................................................... 15.02 Owner Mai Terminare for Cause ............................................................................... 15.0. Owner lvlav Terminate For Convenience ................................................................... 15.04 Conn-actor tilal~ Ston Work or Terminate ................................................................... ARTICLE 16 -DISPUTE RESOLUTION ..................................................................................... 16.0 l Methods and Procedw-es ............................................................................................ ARTICLE 17 -MISCELLANEOUS .............................................................................................. 17.01 Giving Notice .............................................................................................................. 17.02 Computation of Times ................................................................................................. 17.03 Cunntlanve Remedies .................................................................................................. ]7.04 Sun~iva/ofOhligations ............................................................................................... 17.05 Cann-tilling Lata .......................................................................................................... 17.0(1 Headings ..................................................................................................................... EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 4 1 I i i r e 20. Field Order--A written order issued by Engineer which requires nunor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. '' 1. General Requirements--Sections of Division 1 of the Specifications, The General Requirements pertain to all sections of the Specifications. ''3. Hazardous Envu-onmental Condition--The presence at the Site of Asbestos.. PCBs, Petroleum. Hazardous V.%aste. or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in com~ecnon with the Work. ~3. Ha~m-dous Waste--The term Hazardous Waste shall have the meaning provided m Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. La~~s and Regulations: La>7~_r or Regulations- -Any and al] applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all goveinmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property.. or personal propem~. 26. A9ilestone--A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice o)r Award--The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Iv'orice to Proceed--A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner--The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs--Polychlorinated biphenyls. 32. Progress Schedule--A schedule, prepared and maintained by Contractor, describing the sequence and duration of the acvviues comprising the Contractors plan to accomplish the Work within the Contract Times. 33. Project--The total construction of which the Worl: to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual--The bound documentary information prepared for bidding and constructing the Work. A listing. of the contents of the Project Manual, which may be bound in one or more. volumes.. is contained to the table(s) of contents. 3~. Radioactive Material--Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 194 (42 USC Section 2011 et seq.l as amended from time to time. 36. Related Entih~ -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Reridenr Project Representative--The autho- rized representanve of Engineer who maybe assigned to the Site or any part thereof. 38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Worl: and which establish the standards by which such portion of the Work will be judged. 39. Schedule ofSubmittal.c--A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled perfom~iance of related construction activities. 4U. Schedule of Values--A scYredule, prepared and maintained by Contractor.. allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractors Applications for Payment. 41. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and subrrutted by Contractor to illustrate some portion of the Work. 42. Site--Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including ri ~hts-af-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications--That Hart of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 6 31. Petroleum--Petroleum, including crude oil o; any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and ] 4.7 pounds per square inch absolute j. such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene. and oi] mixed with other non-Hazardous Waste and crude oils. i l t E. Furnish, hsstnll. Perform, Prot~idc The word "fumish," when used in connection w,th services. materals. or equipment. shall mean to supply and deliver said sen~ices. materials. or eawpmen*. to the Site Ior some other specified locanonl ready for use or installation and in usable or operable condition ?. The word `'install." when used in connection with services. materials, or equipment, shall mean to put into use or place in final position said services.. materials, or equipment complete and ready for intended use. ~. The words "perform" or "provide," when used in connecuon with services. materials, or equipment. shall mean to fumish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install." "perform," or "pro- vide' is not used in connection with services, materials, or equipment in a contest clearly requiring an obhgauon of Contractor, "provide" is implied. F. finless stated otherwise in the Contract Docu- ments. words or phrases which have a well-]mown 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 Deiiven~ 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 stared, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certiticates 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 Copses of Documents A. Owner shall furnish to Contractor up to ten printed or hard copses of the Drawings and Project Manual. Additional copies will be tarnished upon request at the cost of reproduction. 2.0~ Commencement of Conn•act Times; Notice to Proceed A. The Contract Times will commence to run on fne thirtieth day after the Effective Date of the Agreement or. if a Notice to Proceed is liven, on the day indicated in the Notice to Proceed. A Notice to Proceed tnav be given at any nme within ,0 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thinieth day after the Effective Date of the Asreement. whichever date is earlier. 2.04 Starting the YY'ork A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Wort: shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminan Scheduler: Within 10 days after the Effective Date of the Agreement ~ unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates] for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents: 2. a preliminary Schedule of Submittals: and 3. a preliminary Schedule of Values for all of the Worl: which includes quantities and prices of items which when added together equal the Contract Price and subdi- videsthe Work into component parts in sufficient detail to serve as the basis for progress pa~~rients during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer. and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.0~.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment; and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the fast 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 2.0~.A. Contractor shall have an additional l0 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G 2002 tiational Society of Professional Engineers for EJCDC. All rights reserved. 00700 - R 5 r r i D r S F w c Contractor failed to give the written notice as required by Paragraph ~.03..y. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent. if any.. of anv adjustment ui the Contract Price or Contract Times. or both.. a Claim may be made therefor as provided in }'ara~>raph ]0.0~. However. Owner and Eneineer. and anv of their Related Entities shall not he liable to Contractor for any claims.. costs. losses. or damages Including but not iirruted to all fees and charges of engineers archrtecu, anorneys. and other professronals and al] coup or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with anv other project or anticipated project. ~.0~ Underground Facilities A. Shown nr /nrlicated: The infom7auon and data shown or indicated an the Contract Documents with respect to existing Underground Facilities at or conu~>uous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Lindercround Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- piementarv Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of anv_ such information or data: and ?. the cost of all of the following will be included in the Contract Pnce. and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locatinL all Undereround Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities. inciudin<_ Owner. durin~~ construction.. and d. the safety and protection of all such Under- Rround Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. if an Undereround Facility is uncovered or revealed at or contiguow to the Site. which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents.. Contractor shall, promptly after beconun~ aware thereof and before fw-ther disttubin;, conditions affected thereby or performing any Work m connection therewith (except ir. an emergency as required by Paragraph 6.16.A), identif} the owner of such Undereround Facility and give written notice to that owner and to Owner and Eneineer. Engineer will promptly review the Underground Facility- and deternune the extent, if any, to which a chance is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facilit\. Dunng such time. Contractor shall be responsible for the safet`~ and protection of such Undereround Facility. ?. If Engineer concludes that a chance in the Contract Documents is required. a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times.. or both, to the extent that they are attributable to the existence or location of any Under!!>ro and 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 anv such adjustment in Contract Pnce or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.0. 4.0~ Reference Points A. Owner shall provide encineerin~~ surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments.. and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or pronerri~ monument is lost or destroyed or requires relocation because of necessary changes m grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or propem monuments by professionally qualified personnel. 4.06 Hazardous Environmental Concz'irmn at Site A. Reports and Drawing) Reference is made to the Supplementary Conditions Tor the identification of those repors and drawings relating to a Hazardous Environmental Condition identified at the Site, if any.. that have been utilized by the Engineer in the preparatron of the Contract Documents. B. Limited Reliance by Conn•actor on Technical Daze Authorized Contractor may rely upon the general accuracy of the "technical data" contained in such repots and arawinus. 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: EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C' 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 12 1 i ,~ in Paraeraph 13.07, whichever is later, except as provided otherwtse 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 m 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 Authortry as Acceptable Sureties on Federal Bonds and as .Acceptable Reinsuring Compa- nies" as published in Circular X70 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Deparrrrtent of the Treasure. Al] bonds signed by an agent must be accompanied by a certified copy of the agents authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its nght to do business is terrrunated in any state where any part of the Project is located or it ceases to meet the requirements of Paraeraph ~.O1.B, Contractor shall promptly notif}' Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs d.O1.B and ~.0?. x.02 Licensea 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 Suretv 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 Suretv and insurance companies shall also meet such additional requirements and qualifications as may be provided m the Supplementary Conditions. 5.0~ Certificates of Insurance 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, certiftcates of insurance (and other evidence of insurance requested by Contractor or any other additional insured] which Owner is required to purchase and maintain. x.04 Contractor's Liabilin- ht.rurance A. Contractor shall purchase and maintain such liabiiit}~ and other insurance as is appropriate for the Worl: 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 Documenu. whether it is to be performed by Contractor. any Subcontractor or Supplier. or by anvone directly or indirectly employed by any of them to perform anv of the Work. or by anvone for whose acts any of them may be liable. 1. claims under workers ~ compensation. disability benefits, and other similar employee benefit acts; 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily mjur}°, siclsess 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 suss tamed: 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 propem- 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 S.U4 shall: 1. with respect to insurance required by Paragraphs f.04.A.3 through ~.04.,A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Ownet and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers. directors, partners, employees. agents.. consultants and subcontractors of each and anv of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; ?. include at least the specific coverages and be v~zitten for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations. whichever is greater; EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G 2002 National Society of Professional Engineers for EJCllC. All rights reserved. 00700 - 14 deducubie amounts that are tdentified in the Supple- mentary Conditions. The rill: of loss withtn such identified deductible amount wilt be borne by Contractor. Subcontractors. or others suffering an}r such loss. and if anl. of them wishes propem- insurance coverage within the Itnuts of such amounts, each ma} purchase and matrtatn tt at the purchaser s ovm expense. E If Contractor requests in writin~~ that other special tnsurance be included in the propem- tnsurance policies provided under Paragraph S.Ofi. O~>,amer shall. if possible. include suci~ insurance. and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Sne, Owner shall in wTnmg advise C:ontracu>r whether or not such other insurance has been procured by Owner. 5.0 i 1f~~un~t~r o~ Rrglrts A. Omer and Contractor intend that all policies purcimused m accordance with Paragraph 5.06 will protect Uwmer. Contractor. Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentan~ 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) m 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 recovet~~ 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 bv. arising out of or resultin« from an_y of the perils or causes of loss covered by such policies and any other propem insurance applicable to the Work: and, in addition, waive all such rights against Subcontractors. and Engineer, and all other individuals or entities identified m 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 of them; under such policies for losses and damages-so caused. None of the above waivers shall extend to the. rights that any pain- making such waiver may have to the proceeds of insurance held bv_ Owner 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 phvstcal loss or damage to Ovtmer~s propem or the work caused bv. arisine out of. or resultm~~ from fir: or other perils whether or not insured 'bv Owner; and ~'. loss or damage to the completed Project or pan thereof caused by. arisin~z out of, or resultin~~ from fire or other insured peril or cause of loss covered by any propert~~ insurance maintained on the completed Project or part thereof by Owmer during partial utilization pursuant to Paragraph 14.05. after Substantial Completion pursuant to Paragraph 1=}.04. or after final payment pursuant to Paragraph 14.07. C. Anv insurance policy maintained by Owner covering any loss, dama._>e or consequential loss referred to m Paragraph 5.0?.B shall contain provisions to th• effect that in the evert of~ pa~r~rert of at,y such toss. 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 o1 each and any of them. - 5.08 Recerpr ara.d Applicatiw~ ofhrsw-ance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary far the insureds, as their interests may appear, subject to the. requirements of any applicable mortga~~e clause and of Paragraph 5.08.B. Owner shall deposit in a separate account amp money so received and shall distri'nute it in accordance with. such agreement as the parries in interest may reach. If no other special agreement is reached. the damaged Worl: shall be repaired or replaced, the moneys so received applied on account thereon, and the Worl: and the cost thereof covered by an appropriate Change Order B. Owner as fiduciary shall have powe,: to adjust and settle any loss with the insurers unless one of the parries in interest shall object m writin~~ within 15 days after the occurrence of loss to Owners exercise of this power. If such objection he made. Ownter as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parries in interest is reached. Owner as fiduciary shall adjust and settle the loss with the insurers and. if required in writing by any pain in interest. Owner as fiduciary shall give bond for the proper performance of such dunes. 5.09 Acceptmtce of Bonds and Irtsurance,~ Gprion ro Replace F.. If either Owner or Contractor has any obiection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other pain in accordance. with Article on the. 'oasis of non-coniornmance with the Contract EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 16 1 I Contractor shall subnut to >/ngineer for acceptance I ro the extent indicated in Paragraph 3.07) proposed adiusmtents in the Progress Schedule that will not result m thangin~ the Contract Times. Such adjust- ments will comply with any provisions of the Genera] ke- quirements applicable thereto. 3. Proposed adiustments m the Progress Schedule that will change the Contract Times shall be submitted in accordance with the reywrements of Ankle 12. Adjustments in Conduct Times may only be made by a Change Order. 6.0~ Substitutes and "Or-Equals" A. Whenever an item of material or egwpment is specified or described In the Contact Documents by using the name of a propnetarv nem or the name of a },a,ucli}a, Tipp}ie the specii;cauon Lr ~e$Cripilon iJ intended to establish the type, function. appearance. and quality required. unless the specificavon or description contains or a followed by words readin~~, that no like, equivalent, or °or-equal" item or no substitution is petmltted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer i~or review under the circumstances described below 1. "Ur-Equal " Items.- If in Engineer's sole discretion an item of material or equipment proposed by Contactor is functionally equal to that named and sufficienth~ 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 propose-d item may, m 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 ti.O~.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 judgmem )/ncineer determines that 1 j is is at least equal in materials of construction, quality, durability. appearance. stength. 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 competed Project as a functioning whole.. 31 it has a proven record of performance and avaiiabiliry of responsive service; and b. Contactor certifies that, if approved and incorporated into the Work: 11 mere will be no increase m cost to the Owner or increase in Contract Times. and 2j it will confom~ substantially to the detailed requirements of the item named in the Contact Documenu. ~' Substitute Items a. If in Engineers sole discretion an item of material or equipment proposed by Contactor does not qualify as an "or-equal" item under Paragraph 6.0~ A.1, it will be considered a proposed substitute item, b. Contractor shall submit sufficient information as provided below to allow En~~ineer 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 h~ Engineer from anyone other than Contractor. c. The requirements for review by Engineer will he as set forth in Paragraph 6.Od.A?.d, as supplemented in the General kequirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1 j shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design. b) be similar in substance to that specified. and c) be suited to the same use as that specified; Zl will state a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion or, time; bl whether or not use. of the proposed substitute item in the W orlt will require a change in any of the Contract Docu- ments (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 EJCDC C-70U Standard General Conditions of the Construction Contract. Copyright G 2002 National Societe- of Professional Engineers for EJCDC. All rights reserved. 00700 - ] S I] A L i~ C~ or ennt~~ except as mav_ otherwise be required by Laws and Re~_*ulauons. D Contractor shall be solely responsible for scheduitn ~ and coordinatin~~ the Work of Subcontractors. Supplters~and other individuals or entities perfornting or furnishtn~_~ any of the Worl: under a dtrect or indirect contact with Contractor. E Contactor shall requte all Subcontractors.. Suppliers. and such other individuals or entities per- fomun_~ or furnishing any of the Work to communicate wuh En~~cneer through Contractor. r. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not conto] Contractor m dividing the Work among Subcon- tactors nr Suppliers or dekineating the Work to be nerfomied by amp specific trade. G ,All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- pnste 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 Uwner and Engineer. Whenever anv such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in 1'araeraph x.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all riehts against Owner. Contractor. and Engineer,.. and all other individuals or entities identified hi the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, parmers. employees, agents; consultants and subcontractors of each and any of them I 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 requtre separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees mid Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the W orl: of any invention; design.. process, product, or device which is the subject of patent rights or copyrights held by others. If a panicular 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 subiect to patent rights or cop}lights calling for the payment of am' license fee or rovalt}% to others. the existence of such tights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted b_v Laws and Regulations, Contractor shall inder~tnif}• and hold harmless Owner and Engineer, and the officers, directors, par-mers, employees. agents. consultants and subcontractors of each and anv of them from and against all clatms. costs, losses, and damages (_ including but not iirrttted to all fees and charges of en~-ineers. architects. attorneys, and other professionals and all coup or arbitration or other dispute resolution costs) arising out of or relating to anv infringement of patent rights or copyrights incident to the use in the performance of the W'orl: or resultin« from the incorporation in the Work of anv invention, design, process.. product, or device not specified in the Contract Documents. 6.OS Permits A unless otherwise provided in the Supple- mentary Conditions. Contractor shall obtain and oav for all construction permits and licenses. Owner shall assist Contractor.. when necessary, in obtaining, such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessar}~ for the prosecution of the Work which are applicable at the time of opening of Bias. or, if there are no Bids, on the Effective Date of the Akreement. Owner shall pay all charges of utility owners for connecvons for providing permanent service to the VVorl:. 6.09 Lair=s and Regulations A. Contractor shall ~ive~ all notices required by and shall comply with all Laws and Regulations applica- ble 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. B. If Contractor performs any Work knowing or having reason to know that it is contran' to Laws or Regulations, Contractor shall bear all claims, costs. losses, and damages (including but not limited to all fees and charges of en~~ineers, architects. attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. Hawever, it shall not be Contractor s primary responsibility to make certain that the. Specihcatians and Drawings are m accordance with Laws and Reeuiavons. but this shall not relieve Contractor of Contractors obligations under Paragraph 3.0~. 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 Worl; s'ra11 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 an}', of any such adjustment, a Claim mav_ be made therefor as provided in Paragraph 10.0. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 fvational Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 20 Ines. or Specifications or to the acts or omissions of Owner or Engineer or or anvone employed by anv of them. or anvone 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 anv Subcontractor. Suppliet. or other individual or entity directl~~ or Indirectly employed by any of them). D Contractors dunes and responsibilities for safety and for protection oi~ the Wor}: shall continue until such time as all the VJorl; is completed and Engineer has issued a nonce. to Cnvner and Contractor m accordance with Paragraph 14.ii7.B [hat the Worl: is acceptable (except as otherwise expressly provided m comtection wit}; Substantial Completionl. 6. l a Sal"~~rn Rem~e.ti~cntcrzit~c A. Contractor shall destti=nate a qualif7ed and c~;perienced safety representative at the Site whose dunes and responsibilities shall he the prevention of accidents and the maintamrne and supervising of safety precautions and programs. 6.15 Huard Lnmmtutication Prn,~rams~ A Contractor shall be responsible for coordi- natin~~ anv exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among empkrvers at the Site in accordance with Laws or Retulations. 6.16 Emer~renctcs A. 1n emergencies affecting the safety or protec- tion of persons or the Vvorl: or property at the Site or adiacent thereto. Contractor is obligated to act to prevent t}ueatened damage, iniurv. or loss. Contractor shall Qive En~~ineer prompt written nonce if Contractor believes that anv sienificant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer deternnnes that a chan~~e to the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be Issued. 6.17 Shop Dratti~rn~s mid Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval ir. accor- dance with the acceptable Scheduie of Submittals (as required b} Paragraph x.07 j. Each submittal will be identified as Engineer may require. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawm~~s will be complete with respect to quantities. dimensions. specified performance and design cnteria. matenals, and similar data ro show Engineer the services, material, and equipment Connactor proposes to provide and to er~able En~,ineer to review the tnformatton for the limited purposes required by Paragraph 6.1 7.D. ?. .Sm~Ipies Contractor shall also subnvt Samples [o Engineer for review and approval m accor- dance with the acceptable schedule of Shop Drawings and Sample subrrvttals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Samp Ie as to material, Supph.. pertinent dais such as catalog numbers. the us: 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 reauued hv_ the Contract Documents or the Scheduie of Submittals any related Work performed prior to Engineer s review and approval of the peninem submittal will he at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sarnple, Contractor shall have detelrruned and verified: a. all field measurements. quantities. dimensions. specified performance and design cnteria. installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the surtability_ of a1] materials with respect to intended use, fabrication. shipping, handiin~~. storage. assembly, and installation pertaining to the performance of the Work:. c all information relative to Contractors responsibilities for means, methods. techniques. sequences. and procedures of construction. and safety precautions and programs incident thereto: and d. shall also have reviewed and coordinated each Shop Uraw~ng or Sample with other Shop Drawings and Samples and with the requirements of the ~%orl: and the Contrac; Documents. 2. Each submittal shall bear a stamp or specific written cenificanon that Contractor has satisfied Contractors obhieations under the Contract Documents -_- EJCDC C-'IUO Standard General Conditions of the Construction Contract. Copyright O 2002 tvational Society of Professional Engineers for EJCDC. .411 rights reserved. 00700 - „_ arbitanon or other dispute resolution costs) arising out of or relann_~ to the performance of the Work, provided that am.' such claim. cost. loss. or damage is amibutable to bodily injur} . sickness. disease. or death, or to injury to or destruction of tangible propem~ 1 other than the 'W'ork Itself 1, including the loss of use resulnng therefrom but onl~~ to the exetnt caused by any negligent act or ormssion of Contractor, any Subcontractor. any Supplier, or any individual or entity directly or indirectly employed b}~ any of them to perform any of the Work or anyone for whose acts any of them ma~~- be liable . B. In any and all claims against Owrner or Engineer or any of their respective consultants, agents. officers. directors.. parnrers, or employees by any employ- e~ I or the survivor or personal represemative of such employee) of Contractor, any Subcontractor, any Supplier. or any individual or entir,~ directly or indirectly emnloved by any of them to perform any of the Work. or am~one for whose acts an_v of them may be liable, the indemnification obligation under Paragraph 6?(l.A shall not be limited in any way by any lirmtation on the amount nr ty7re of damages.. compensation, or benefits payable by or ibr Contractor or any such Subcontractor.. Supplier, or other indn~idual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acu. C. The indemnification obligations of Contactor under Paragraph 6.20.A shall not extend to the liabiiiry of Engineer and Engineer's officers, directors, partners, emnlovees, agents, consultants and subcontactors ansin`~ out of. 1. the preparation or approval of, or the failure to prepare or approve., maps., Drawings, opinions, reports. surveys, Change Orders.. desiens, or Specifications: or ?. giving directions or instructions. or failing to give them.. if that is the primary cause of the injury or damage. 621 Delegarioir of~Professional Design Serti~ices A. Contactor will not be reouired to provide professional desien services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contactor'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 reouired of Conracmr by the Contact Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contactor 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.. certiticanons. Shop Drawings and other submittals prepared by such professional. Sitop Drawings and other subnuttals related to the Work designed or certified by such professional. if prepared by others. shall bear such professional's written approval when subnutted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy. accuracy and completeness of the services, cenif~cavons or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor al] performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph fi? 1, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose. of checkin~~ for conformance with. performance and desi!~n criteria given and the design concept expressed m the Contact Documents. Engineer's reviev.~ and approval of Shot? Drawings and other subrmttals (except design calculations and desien drawings) will be only far the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or desi~*n criteria required by the Contact Documents. ARTICLE 7 -OTHER WORK AT THE SITE 7.01 Related 6i'or•1, at Site A. Owner may perform other work related to the Project at the Site with Owners employees. or via other direct contacts therefor, or have other work performed by utility owners. If such other wort: is not noted in the Con- tract Documents, then: 1. written notice thereof _ will be given to Contactor prior to starting any such other wor}:: and ?. if Owner and Contactor are unable to a~'ree on entitlement to or on the amount or extent, ii any; of any adjustment in the Contact Price or Contact Trines that should be allowed as a result of such other work; a Claim may_ be made therefor as provided in Paragraph l 0.05. B. Contactor shall afford each other contractor who is a parri~ to such a direct contact. each utilin~ owner and Uwner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reasonable opportunity for the intoduction and storage of materials and equipment and the execution of such other work. and steal] properly coordinate the W orl: with theirs. Contactor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 24 i~ R L t 4 r] 7 N C~ C~ S.Oy Lintrtnuons on Owner s Res;nonsibiliries A. Tire Owner shall not supervise, direct. or have control or authont~~ over. nor be responsible for, Contractors means, methods. techniques, sequences. or procedures of construction. or the safety precautions and pro«rams incident thereto. or for an~,~ failure of Contractor to compi} whit La~a~s and kegulations applicable to the performance of the Worl:. Owner will not be responsibie for Contractor's failure to perform the Work in accordance with the Contract Documents. ~.lU Undisclosed Hazardouc Environntentnl ~o,rditinn A. Owners responsibility in respect to an undis- closed Hazardous Enviromnental Condition is set forth in Paragraph 4.06. g. i i Evidence o(~Finaru•iai ,=i rrangernents A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arraneernents have heen made to satisfy Owner's obligations under the Contract Documents, Owners responsibility in respect thereof will he as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Chanter's Representative A. Engineer will be Owners representative during; the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representanve during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Y'isits ro Site A. Engineer will make visits to the Site at inter- vals 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 Contractors e>;ecuted Work. Based on information obtained during such visits and observations.. Engineer, for the benefit of Ovmer, will determine.. in general.. if the Wor}; is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to checl: the quality or quantity of the Work. Engineer's effons will be directed toward providing for Owner a ereater 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 VJorl: and will endeavor to ward Owner against defective Wori•:. B. Engineers visits and obsen~ations are subject to all the lirrutations on Engineer's authorirv and responsibility set forth in Paragraph 9,09. Particularly. but without limitation, during or as a result of Engineer's visas or observations of Contractor's ~%orl: Engineer will not supervise. direct. control. or have authorirv over or be responsibie for Contractor s means. methods. techniques. sequences, or procedures of construction. or the safer} precautions and programs incident thereto. or for any failure of Contractor to comply with Laws and Regulations applicable to the perfom~tance of-the Vvork. 9.0 ~ Proiect Represcnrativc A. If Owner and Engineer agree.. Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibiltUes of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and lirrntations 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 wht~ is not Engineer's consultant, aeent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authori~erl Y"uriations in Work A. Em?ineer 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 Docu- ments. These may be accompltshed by a Field Order and will be binding on Ovvner and also on Contractor, whc shall perform the Work involved promptl}~. If Owner or Contractor believes that a Field Order iustifies an adjusm~ent in the Contract Price or Contract Times.. or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any. of any such adjustment . a Claim may be made therefor as provided in Paraeraph loos. " 9.Os Rejecrino De{ective Work A. Engineer will have authority to reject Work which Engineer believes to be defective. or that Engineer believes will not produce a completed Proiect that conforms to the Connact Documents or that v,~ill 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 authorirv to require special inspection or testing of the Wor}: as provided in Paraeraph 13.04; whether or not the Worl: is fabricated. installed. or completed. EJCDC G700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 007D0 - 26 i~ ~~ r E i Ly S prompti~. proceed witi~ the Work Involved which will be performed under the applicable conditions of the Contract Documents i except as otherwise specifically provided(. B If Owner and Contractor are unable to agree on entitlernent to. or on the amount or extent, if an~~, of an adjusm~ent in the Contract Pnce or Contract Times.. or both. that should be allov.ed as a result of a Work Change Directive. a Claim may be made fnerefor as provided m Paragraph 10.U~. 10.0' (inautil~u-ced Changes m the w~nrk ,A.Conrractor shall not be entitled to an increase iai the Contract Pnce or an extension of the Contract Times with respect to anv wort: performed that is not required by the Contract Documents as amended. modified. or supplemented as provided in Paragraph 3.(14. ~;:cept it the case cf an ..,.. ..~ pr~, . ided .,. Paragraph 6.16 or in the case of uncovering Work as provided in Paraeraph 13.04.B. 10.03 E~ectrnon of Chunk Orders A. C>\vner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. chances in the Worh which are: (il ordered by Owner pursuant to Paragraph 10.01.A. (iij required because of acceptance of defective Work under Paragraph 13.Oi;.A or Owners correction of defective Work under Para<~raph 13.09, or l iii) agreed to by the parties; ?. chances in the Contract Price or Contract Times which are agreed to by the games. including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. chan~=es in the Contract Price or Contract Times which embody the substance of amp written decision rendered by Engineer prsuant to Paragraph ] 0.0~; provided that. in lieu of executing anv such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations. but during any such appeal. Contractor shall cam on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety--~ A. If nonce of any change affecting the general scope of the Work or the. provisions of the Contract Documents (inciudin,. but not limited to. Contract Price or Contract Times) is required by the provisions of any bond to he given to a surer}', the giving of anv such notice will be Contractor's responsi'oility. The amount of each applicable bond wall be adjusted to reflect the effect of any such chance. I (1.0: Claims A. Enginee~•'s Decision kequi ~•ec,' All Claims. except those waived pursuant to Paragraph 14.09.. shall be referred to the Entineer for deciston_ A decision by Engineer shall be required as a condinon precedent to am exercise by Owner or Contractor of anv rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claim<. B. Nntice~ ~~ritten nonce- sta tinr~ the general nature of each Claim, shall be delivered tw the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the stan of the event ~Tivmg rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Nonce of the amount or extent of the Claim. with supponim data shall be delivered to the Engineer and the other party to the COnrract \\iit liin Fj(1 GiaVc. after thy, ct grt Of S4C1; a\~ert (unless Engineer allows additional times for claimant to submit additional or more accurate data i.n support o+ suci~ Claim). A Claim for an adjustment in Contract Pnce shall he prepared in accordance. with fh e provisions of Paragraph 12.O1.B. A Claim for an adjus tment in Contract Time shall he prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall he accompanied by claimants v,=ritten statement that the adjustment claimed is the entire adjustment to wl-rich the claimant believes it is entitled as a result of said event. The. opposing party shall submit any respons e to Engineer and the claimant within 30 days after receipt. of the claimants last subrruttal (unless Engineer allow=s additional time). C. Engineer ~\ Actinn: 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 part}, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part.. ?. approve the Claim, or ~. notifi= the parties that the Ennineer is unable to resoh~e the Claim if. in the Enginee? 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 'oe deemed denied. E. Engineers written action under Parapaph 10.G~.C or denial pursuant to Paragraphs 10.0~.C. ~ or ] O.O~.D will be final. and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E.1CDC 6700 Standard General Conditions of the Construction Contract. Cop}right G 2002 National Society of Professional Engineers for EJCUC. All rights reserved. 00700 - 2S IM resulted from causes other than the. net=lip=ence of Contractor, anv Subcontractor. or anvone directly or indirectly employed by arrv_ of them or for whose acts any of them may be liable. Such losses shall include settlements made with the w7inen 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 Contractors fee. e. The cost of utilities. fuel. and sanitary faci'lines at the Site. 'r. Nitnor expenses such as telegrams. long distance telephone calls, telephone sernce at the Sete. expresses, and similar petty cash items m connection with foe Worl:. i. The costs of prerruums for all bonds and insurance. Contractor is rcyuircd ov the Contract Documents ui purchase and maintain. B Costs EZCluded: The term Cost of the Vv'ork 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, safer managers, engineers, architects,. estimators, attor- neys, 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 I1.OI.A.1 or specifically covered by Paragraph i 1.O1.A.4. all of which are to be considered adminisrranve costs covered by the Contractor's fee. '. Expenses of Contractor's principal and branch offices other than Contractors office at the Site. ~. Anv part of Contractor's capital expenses, including interest on Contractors capital employed for the Wort: and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anvone directly or indirectly employed by any of them or for w=hose acts any of them may be iiab}e. including but not limited to. the correction of defective Wor}:, disposal of tnater~als or equipment wrongly supplied, and making good anv_ damage to propem. ~. Other overhead or general expense costs of anv kind and the costs of any item not specincaliv and expressly included in Paragraphs 11.U1.A and 11.O1.B. C Contractor's Fee: When all the Worl: is performed on the basis of cost-plus. Contractors fee shall be deternuned as se[ forth in the Agreement. When the value of any Work covered by a Chance Order or when a Claim Ior an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractors fee shall be detemuned as set forth in Paragraph 12.O1.C D. Documentation Whenever the Cost of the Work for any purpose is to be deternvned pursuant to Paragraphs 11.O1.A and 11.O1.B. Contractor will establish and maintain records thereof in accordance with eenerally accepted accountin~~ practices and su'omit to a form acceptable to Eneineer an iterrtized cost breakdown together with suppoi-tmg data. 11.02 ,911uwartces A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as maybe acceptable io Owrier and Engineer. B. Cash Allowances 1. Contractor agrees that a. the cash allowances include the cost to Contractor (less any appheable trade discounts) of materials and equipment required by the allowances to be delivered at the Site. and al] applicable taxes: and b. Contractor's costs for unloading and handlin~~ 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 an_v of the foregoing will be valid. C Contineencv 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 Entineer to reflect actual amounts due Contractor on account of VJor}: covered by allowances, and the Contract Price shall be correspondingly adjusted. 1 1.0 ~ Unit Pace W-ork A. Where the Contract Documents provide that al] or part of the Worl: is to be Umt Price Work. initial}v 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 30 l r i t ~3 by the pane makin~~ the Ciatm to the Engineer and the oti7er pain to the Contract in accordance with the provisions of Paragraph 10.0. B. Any adjustment of the Contract Times covered by a Change. Order or anv Claim for an adjustment in the Contract Times will be determined in accordance v,~ith the provisions of this .Article. 13. 1=~.0? Delcrr~ A Where Contractor is prevented from completing any pan of file Worl: within the Contract 7-Imes 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 13.02.A. Delays -beyond the control of Contractor shall include, but not he limited to. acts or nc~~lect by Uv„per. u.,.~ ~~ ., _^_lec: of utili^~ o....,...~ or other contractors performing other work as contemplat- ed by Anicle -. fires.. floods. epidemics.. abnormal weather conditions. or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Anicle 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 egwtable adjustment in the Contract 1'nce or the Contract Times or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractors ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of Cod, acts or failures to act of utility owners not under the control of Uwner, or other causes not the fault of and beyond control of Owner and Contractor. then Contractor shall 'oe entitled to an equitable adiustment in Contract Times. if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delay, described m this Paragraph 12.03.0. P. Owner. Engineer and the Related Ennves of each of them shall not be liable to Contractor for any claims. costs, losses, or damages (including but not limmted to all fees and charges of Engineers. architects.. attorneys. and other professionals and all court or arbitration o: other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated protect. ARTICLE 13 - TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE «'OW: 13.01 Novice o~~Defects A. Prompt notice of al] defective VJorl: o(which Owner or Engineer has actual l:nowled«e will be <~iven to Contractor. All defective Vdork may he reiected. corrected. or accepted as provided in this Anicle 13 13.02 ,9ccess to !Fork A. Uwmer. Engineer, their consultants and other representatives and personnel of Owner, independent testin;~ laboratories; and `~overnm~ental a;_encies with jurisdictional interests will have access to the Sue and the Work at reasonable times for their observation, inspecting=, and testm~~. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safeh~ procedures and programs so that they may comply therewith as applicable. 13.0 ~ Tests mid Inspections A. Contractor shall dive Engineer timely notice of readiness of the Worl: for al] required inspections.. tests. or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the sernces of an independent testing laboratory to perform al] inspections, tests, or approvals required by the Contract Documents except: I. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D belovr: ~'. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.0: and 3. as otherwise specifically provided in the Con- tract Documents. C If Laws or kegulations of anv public body having jurisdiction require anv Work (or pan thereof) specifically to be inspected, tested.. or approved by an employee or other representative of such public bode. Contractor shall assume full responsibility for arrangin<_~ and obtaining such inspections; tests. or approvals. pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. E. Contractor shall not be entitled to an adjustment in Contract Pnce or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays amibutabie to and obtaining and shall pay al] costs in connection with and within the control of a Subcontractor or Supplier shall any inspections.. tests. or approvals required for Owners be deemed to oe delays within the control of Contractor. and Engineers acceptance of materials or equipment to EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ~ 2002 National Society of Professional Engineers far EJCDC. All rights reserved. 00700 - 3'_ li.Of' Owner Mur C'or-recr Derectivc~ 6~1'ork A. If Contractor fails within a reasonable time after w7inen notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work to accordance with the Contract Documents.. or if Contractor fails to comply with any other provision of the Contract Documents. Owner may, after seven days wzitten 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 correcnve or remedial action.. Owner may exclude Contractor from al] or pan of the Site, take possession of all or part of the Work and suspend Gonrraetors services related thereto. take posses- sion of Contractors tools, appliances, construcnon 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, Owners other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses_ and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged aaainst 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 ~v, make a Claim therefor as. provided in Paragraph 10.0. Such clairns. costs. losses and damages will include but not be limited to al] costs of repair, or replacement of work of oftters destroyed or damaged by correction. removal, or replacement of Contractors defective Worl:. 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 Owners rights and remedies under this Paragraph 13.09. ARTICLE ]4 -PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of 1'al~es A. The Schedule of ~''alues established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 200'_ National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 34 B If Contractor does not promptly comply with the terms of Owner"s written instructions, or in an emer~encv where delay would cause serious risk of loss or damage. Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. .All claims. costs. losses, and damages )including but not limited to all fees and charges of engineers, architects, attorneys. and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correcnon 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 panicular item of equipment is placed in continuous service before Substantial Completion of all the Work. the correctton period for that item may start to run from an earlier date if so provided m the Specifications D. Where defective Work (and damage to other Work resultins; therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the corrector penod~ hereunder with respect to such Work will be extended for an addivonal period of one year after such correction or removal and replacement has been satisfactorily completed. E Contractors obligations under this Paragraph 13.07 are. in addition to any other obligation or warranty'. The provisions of this Paragraph 1_.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of De~ectivc I~Y'or-k A. If, instead of requiring correction or removal and replacement of defective Work. Owner land, prior to Enzineer s recornmendanon of t"trial payment, Engineer) prefers to accept it. Owner may do so. Contractor shall pay all claims, costs.. losses, and damages (including but not limited to all fees and charges of engineers.. architects. attorneys, and other professionals and all coon or arbitration or other dispute resolution costs) attributable to Ciwner"s evaluation of and determination to accept such defective Work (such costs to be approved'oy Engineer as to reasonableness) and the dirrnnished value of the Work to the extent not otherwise paid by Contractor pursuant to tnis sentence. If an~~ such acceptance occurs prior to En~,ineers recommendation of final payment.. a Change Order will be issued incorporating the necessary revisions m the Contract Documents with respect to the W orl:, and Owner shall be entitled to an appropriate decrease ir. the Contract Price, reflecting the diminished value of Work so accepted. If the parries are unable to agree as to the amount thereof Owrier may make a Claim therefor as provided in Paragraph IO.Of. If the acceptance occiars afrer such recommendation. an appropriate amount will be paid by Contractor to Owner inspections or tests. revise or revoke an~~ such payment recommendation prevrously made. to such extent as may be necessary to Engineer s opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring. correction or replace- ment: b t}re Connect Pnce has beer. reduced by Chance Orders: c. Owner has been required to correct defective Wor}: or complete Work in accordance wrth Paragraph 13.09: or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 1~.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer s recommendation, the amount recorrnnended will (subject to the provisions of Paragraph 14.02.D) 'become due.. and when due will he paid by Owner to Contractor. D-Reduction in Payment 1. Owner may refuse to make payment of the fu- amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing, of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off a~~ainst the amount recommended; or d. Owner has actual knowledge of the occurence of anv_ of the events enumerated in Paragraphs 14.02.B.`.a through 14.02.B.d.c or Paragraph 15.02.A. ~. 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.1. 14.03 Contractor's Wcn-rmtn~ orTitiE~ A. Contractor warrants and guarantees that title to all Work, materials. and equipment covered by anv .Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of pavrnent free and clear of all Liens. 14.04 Substantial Comnlction A. When Contractor considers the entire W'or}: ready for its imended use Contractor shall notify Owner and Engineer in writing that the entire Wor}: is substantially complete lexcept for items specifically listed by Contractor as incomplete) and request that Engineer issue s cenificate of Substantial Completton. B. Promptly after Contractor's notification. , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete. Eng,tneer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative cenificate of Substantial Completion which shall its; the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be comp}eted or corrected before final pa}~rtent. 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 considennr such objections, Engineer concludes that the Worl: is not substantially complete, Engineer will within 14 days after submission of the. tentative certificate to Owner notify Contractor in writing, staring the reasons therefor. If. after consideration of Owners objections. Engineer considers the Work substantially complete- Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completton (with a revised tentative list of items to be completed or correct- ed) reflectin, such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. ?. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give D. At the time of delivery of the tentative Contractor immediate writter, notice i with a copy to cenificate of Substantial Completion. Engineer will Engineer) stating the reasons for such action and promptly deliver to Gy<mer and Contractor a written recommen- pav Contractor anv amount remaining after deduction of elation as to division of responsibilities pending final the amount so withheld. Owner shall promptly pay payment between Owner and Contractor with respect to Contractor the amount so withheld.. or am- adjustment security, operation, safety, and protection of the Work.. thereto agreed to by Oy~mer and Contractor, when maintenance. heat. utilities, insurance. and waranties and Contractor corrects to Ov~mer's satisfaction the reasons for guarantees. Unless Owner and Contractor agree othertivise such action. in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial EJCDC C-700 Standard General Conditions of the Construction Convect. Copyright C; 200= National Society oCProfessional Engineers for EJCDC. All rights reserved. 00700 - 3( under the Contract Documents have been fulfilled. En~meet will. within ten days after receipt of the final Apphcanon for Payment.. indicate m writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time En«ineer will also give written notice to Uwner and Contractor that the Work is acceptable subiect to the provisions of Paragraph 14.09 Otherwise, Engineer will return the Application for Payment to Contractor, indicat- in~, to w~ritin~~ the reasons for refusing to recommend final payment. m which case Contractor shall make the necessary corrections and resubmit the Applicaton for Payment. C Payment Becomes Due 1. Thirrv dav_ s after the presentation to Uwner of the Applicahon~for Payment and accompanying docu- mentation. the amount recommended by En~7ineer, less any sum Owner is entitled to set off against Eneineer's recommendation.. including but not limited to liquidated damages. will become due and ,will be paid by Owner to Contractor. 14.Oi Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor`s final Application for Payment (for Work fully completed and accepted] and recommendation of Engineer, and without terrrtrnating 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 Ov~mer for Work not fully completed or corrected is less than the retainage stipulated in the A~creement, and if bonds have been furnished as required m 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 terrrivs and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 N~uiver of Claims A.. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens.. from defective Work appearing afrer final inspection pursuant to Paragraph 14.06. from failure to comply with the Contract Documents or the terms of am- special guarantees specified therein, or from Contractor's conttnurn~; obligations under the Contract Documents; and with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORIL AND TERMINATION 15.01 Owner A4av Suspend 6D"ork A. At any time and without cause, Ciwaler may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Worl: will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be grranted an ad~ust- ment to 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 l U.05. 15.02 Owner Ma~~ Terminate joy- Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failwe to perfornt the Work in accordance with the Contract Documents (including, but not lirruted 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); "?. Contractors disregard of Laws or Reeulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may.. after giving Contractor (and surety j seven days written nonce of its intent to terminate the sernces of Contractor: I. exclude Contractor from the Site. and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion], 2. incorporate in the Work al] materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright cG 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 0070(1 - 38 governed by the Construction Industry Mediation Rules of the American Arbttranon Association in effect as of the Effective Date of the. A~=reement. The request for mediation shall be subrmtted to writing to the American Arbin anon Association and the other party to the Contract, Timely subnussion of the request shall stay the effect of Paragraph l0.Od.E. B. Owner and C.ontracror shall pamctpate in the medtanon process rn good faith_ The process shall be concluded within 60 days of frlin~~ of the request. The date of ternunanon of the mediation shall be deterrruned b`' apphcanon of the mediation rules referenced above. C If the Claim is not resolved by mediation, Em>ineer~s action wider Paragraph ]O.OS.C~ or a denial pursuant to Paragraphs 10.0~.C. ~ or 10.0>.D shall become final and binding 30 days after ternunauon of the mediation unless.. within that vine period. Ov~mer of Contractor ]. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions. or agrees with the other party to submit the Claim to another dispute resolution process, or ~. gives written notice to the other pam~ of them intent to submit the Claim to a coup of competent lunsdicnon AP~TICLIJ ] 7 - MISCEi.LANEOUS 17.01 Givmo Nonce A. Whenever any provision of the Contract Documents requires the giving of written nonce. it will be deemed to have beer, validly given if: i delivered in person to the individual or to a member of the firm or to an ofncer of the corporation for whom it is intended, or ''. delivered at or sent b}' registered or cenified mail, postage prepaid.. to the last business address known to the <~tver of the nonce. 1 7.0~ Computation o1 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 perrod. If the. last day of any such perrod 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 tine computation. 17.03 Cumulative Remedres A. The dunes and obligations irnnosed 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 m any way as a hrrntation of. any tights and remedies available to any or all of them which are otherwise imposed or available by Laws or Kegula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. T'he provisions of this Paragraph will b° as effective as if repeated speciucally in the Contract Documents in connection with each particular duty, obligaUOn, right. and remedy to which they apply. 17.04 S'un~ival o)`Obligatinrzs A. A11 representations, indemnif cations, warran- ties,. and guarantees made m, required by, or riven in accordance with the Contract Documents. as well as al] continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion. and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.0 Co~rtrolling La>7 A. This Contract is to be governed by the law o;~ the state in which the Project is located. 17.06 Headings A. Ankle and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. I~ E.ICDC C-700 Standard General Conditions of the Construction Contract. Copyright G 200= National Society of Professional Engineers for EJCDC. All rights reserved. 00'l0U - 40 __ i~ SECTION 00810 ii SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Constru d~catedobelow~N All p o0v~isions Ehat~ are not so eamended or of .the Contract Documents as t supplemented remain in full force and effect. SC - 2.01 DELIVERY OF BONDS Add the following to Paragraph: ?.Ol.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 o a dtthemP to the Owner.aOwner shall exe uta submit al] copies to Engtne.,r v/ho wtll forty all copies and return two copies to the Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and steal] 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 0 the Notice to Pro eedr The Contract Time will commence to run on the day md~cated .~ ~~ ~~ ~~ r SC - 2.0~ BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph ?.05.A.3 of the General Conditions which is to read as follows: 2.O~.A.4 Contractor shall submit a preliminary list of construction equipment with hourly rates, owned or rented by the Contractor and all Subcontractors that will be used in the performance of the Work. The equipment list will include information necessary to connrm the hourly rates per Paragraph 11.O1.A5.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 SUPPLEMENTARZ' CONDITIONS TO THE GENERAL C01\rDITIONS Paee 1 of 12 R M is `, SC - 4.03 -DIFFERING SUBSURFACE OR PHI'SICAL CONDITIONS Add the following to the end of Paragraphs 4.03..q. Contractor to notify Owner and Ingineer in writing about differing subsurface or physical conditions within 1 ~ days of discovery and before disturbing the sub surface as stated above. No claim for an adjustment in the contract price or contract times (or Mileston es j 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 ?but not more than 10 business dav_ s 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: .g. 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 5.0?.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 wort: under this Agreement until such Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Pace 3 0; 12 ~ Products and Completed Operations 6. Broad corm Property Damage will include explosion, collapse. blasting and underground where applicable. i. Per Project Aggregate Endorsement 3. Automobile Liabiliri~ under Paragraph ~.04.A.6 of the General Conditions: a. Bodily Iniury: Each Person ~ 500,000.00 Each Accident ~ 1,000,000.00 Property Damage: Each Accident 51,000,000.00 (or) b. Combined Single Limit 5 1,000,000.00 Coverage to Include 1. All Owned 2. Hired 3. Non-Owned 4. Contractor's Liability Insurance under ~.04.A.3 through ~.04.A.6 maybe satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than 51,000,000.00. Deductible not to exceed S~,000.OU per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph ~.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 ~.04.B .4. of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence 5 1.000.000.00 Aggregate 5 3.000.000.00 Secrion 00810 SUPPLEMENTARY COIv'DITIONS TO THE GENERAL CONDITIONS Paee 5 of 12 i~ i~ 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 ~aia~ia~ii J.vU.lr ui 111c lJCI1CIa1 l..Un(11UO11S. D. The poiicies of insurance required to be purchased and maintained 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 of SC- 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 in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments will be acceptable to Engineer as providing an orderly progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefore. - Section 00810 `" SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 7 of 12 SC- 6.?0 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer's Resident Project Representative (if any). SC- 11.01 COST OF THE WORK Delete paragraph 11.01 .A.S.c of the General Conditions in its entirety and insert the fallowing in its place: 11.O1.A.~.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 SC-2.05 and SC-2.07, and as follows: i . For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. ?. For equipment on standby, the hourly rate shall be 50°~0 of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. ~. For specialized equipment rented for a short duration used for change order work or additional work not pan 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 Pale 9 of I2 SC -14.02.0 PAYMENT BECOMES DUE Delete Paragraph 14.0"'.0.1 of the General Conditions in its entirety and insert the following in its place: 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 stipuiated above at the preconstruction conference. SC:- I4.0'~.D.I.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 )/ngineer 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. Passim 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 (inciudinU 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 ~. SC- I4.0~ PARTIAL LiTILIZATION Add the following to Paragraph 14.O~.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 identined 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 GENEP.AL CONDITIONS Page 11 of i2 Nbr*ar~a Prevailing 1 ~' 1 MONTANA PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION 2007 Effective: June 22, 2007 Brian Schweitzer, Governor State of Montana Keith Kelly, Commissioner Department of Labor and Industry To obtain copies of prevailing wage rate schedules, please go to www.ourfactsvourfuture.or4 or contact the: Research and Analysis Bureau, Workforce Services Division Montana Department of Labor and Industry P. O. Box 1728, 840 Helena Ave. Helena, MT 59624-1728 Phone 406-444-2430, FAX 406-444-2638 Toll free 800-541-3904, TDD 406-444-0532 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. 0. Box 6518 Helena, MT 59604-6518 Phone 406-444-5600 TDD 406-444-5549 The Research and Analysis Bureau welcomes questions, comments and suggestions from the public. In addition, we'll do our best to pro- vide information in an accessible format, on request, in compliance with the Americans with Disabilities Act. 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 ............................................................. 5 E. Fringe Benefits .............................................................................. 5-6 F. Apprentices ........................................................................................ 6 G. Posting Notice of Prevailing Wage ............................................. 6 H. Employment Preference ................................................................ 6 I. Rates to use for Proiects ................................................................. 6 Wage Rates ..........................................................................................7-17 MONTANA PREVAILING WAGE REQUIREMENTS: The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated, has determined the standard 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.or~ or by contacting the Research and Analysis Bureau at (800) 541-3904 or TDD (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 1 4 A. Date of Publication: June 22, 2007 ' 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.' ' Heary construction projects include, but are not limited to, antenna towers, bridges (major bridges designed for commercial navigation), breakwaters, ' caissons (other than building or highway), canals, channels, channel cut-offs, chemical complexes or facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage ' projects, dredging projects, electrification projects (outdoor), fish hatcheries, flood control projects, industrial incinerators (other than building), irrigation ' projects, jetties, kilns, land drainage (not incidental to other construction), land leveling (not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries (other than buildings), pipe lines, ponds, pumping ' stations (prefabricated drop-in units -not buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers (sanitary, ' storm, etc.), shoreline maintenance, ski tows, storage tanks, swimming pools (outdoor), subways (other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts (other than highway), water mains, waterway construction, ' water 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.l4 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(11) (a)) defines "publicworks 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." i~ 5 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 wwvv.ourfactsyourfuture. org or by contacting the Research and Analysis Bureau at (800) 541-3904 or TDD (406) 444-0532. E. Fringe Benefits Section 18-2-412 of the Montana Code Annotated states that: "(1)... a contractor or subcontractor may: (a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the United States Department of Labor; or (c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits 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. li 6 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 Sections 18-2-403 and 18-2-409, Montana Code Annotated require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. 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. 7 MONTANA STATEWIDE PREVAILING DAVIS-BACON Rates Effective: June 22, 2007 HEAVY CONSTRUCTION WAGE RATES General Wage Determinations Issued Under the Davis-Bacon and Related Acts State: Montana Construction Types: Heavy Counties: Montana Statewide i~ g 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, KALISPELL, LEWISTOWN, MILES CITY, MISSOULA Zone 1: 0 to 30 miles -Base Pay Zone 2: 30 to 60 miles -Base Pay + $2.95 Zone 3: Over 60 miles -Base Pay + $4.70 CEMENT MASONS ZONES: The above cities plus DILLON, GLASGOW, GLENDIVE, SIDNEY ~ CARP0028-002 06/01 /2005 Carpenters: (Zone 1) Rates Fringes Carpenter & Pilebuck ....................$ 19.60 $ 7.80 Millwright .......................................$ 21.60 $ 7.80 CARP0028-004 06/01 /2004 Rates Fringes Diver Tender ................................... $ 27.30 $ 7.45 Diver ................................................ $ 57.50 $ 7.45 i~ 9 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 Line Construction Rates Fringes (1) Lineman .................................. $ 29.60 4.75%+7.15 (2) Equipment Operator ............ $ 22.69 4.75%+7.15 (3) Experienced Groundman .... $ 18.44 4.75%+7.15 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 Electrician ...........................................$ 23.96 3% + $8.85 ELEC0233-002 06/01 /2004 Beaverhead, Deer Lodge, Granite, Jefferson, Madison, Powell, and Silver Bow Counties Rates Fringes Electrician ...........................................$ 23.85 3% + $9.00 i~ 1~ ~' ELEC0532-001 06/01 /2005 Gallatin, Park, And Sweet Grass Counties Rates Fringes Electrician .......................................... $ 23.44 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 .......................................... $ 25.88 4.25% + $8.39 ELEC0768-001 03/01 /2005 Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders Counties Rates Fringes Electrician ...........................................$ 25.82 $ 9.84 ELEC0768-003 04/01 /2005 Flathead, Lake, And Lincoln Counties Line Construction Rates Fringes (1) Cable Splicer ............................. $ 32.32 $ 11.48 (2) Lineman ..................................... $ 29.75 $ 11.27 (3) Groundman .............................. $ 18.18 $ 10.36 (4) Line Equipment Operator...... $ 22.55 $ 10.75 (5) Pole Sprayer .............................. $ 23.48 $ 10.82 11 (6) Tree Trimmer .............................$ 24.37 $ 10.91 (7) Utility Locator ...........................$ 16.03 $ 4.50 ENG10400-001 05/01 /2005 Power Equipment Operator Rafes Fringes (Zone 1) Group 1 ........................................... $ 20.97 $ 8.05 Group 2 ........................................... $ 21.44 $ 8.05 Group 3 ........................................... $ 21.84 $ 8.05 Group 4 ........................................... $ 22.50 $ 8.05 Group 5 ........................................... $ 23.00 $ 8.05 Group 6 ........................................... $ 24.10 $ 8.05 Group 7 ........................................... $ 24.60 $ 8.05 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;ConcreteTravel Batcher; Concrete Float & Spreader;Concrete Bucket Dispatcher; Concrete Finish Machine;Concrete Conveyor; Distributor; Dozer, Rubber- Tired, Push & Side Boom; Elevating Grader/ 12 Gradall; Field Equipment Serviceman; Front-end Loader 1 cu yd to including 5 cu yd; Grade Setter; Heavy Duty Drills, all types; Hoist/Tugger, 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: AAsphaltPaving Machine;AsphaltScreed;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 $1.00 for every 100 tons over 250 tons); Crane, Stiff-Leg or Derrick; Helicopter Hoist. I~ 13 IRON0014-002 07/01 /2004 FLATHEAD, GLACIER, LAKE, LINCOLN, MINERAL, MISSOULA, and SANDERS COUNTIES Rates Fringes Ironworker ......................................$ 22.74 $13.94 IRON0841-002 07/01 /2003 Remaining Counties Rates Fringes Ironworker ......................................$ 20.45 $12.76 LAB00098-001 05/01 /2004 Laborers: (Zone 1) Rates Fringes Group 1 ........................................... $ 15.17 $ 5.90 Group 2 ........................................... $ 17.99 $ 5.90 Group 3 ........................................... $ 18.13 $ 5.90 Group 4 ........................................... $ 18.85 $ 5.90 LABORERS CLASSIFICATIONS GROUP 1: Flagperson GROUP 2: All General Labor work; 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 I~ 14 for concrete and other materials; Sign Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman; Tail Roseman; Tool Checker and Houseman; Traffic Control worker. 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 ($1.00 per hour above Group 4 rate); Rock & Core Drill; Tank/Vessel Cleaner; Track or Truck mounted Wagon Drill; Welder including Air Arc PAIN0260-001 07/01 /2002 Blaine, Broadwater, Cascade, Chouteau, Daniels, Fergus, Garfield, Glacier, Granite (South Of A Line Running East & West Through The Southern City Limits Of Phillipsburg), Hill, Jefferson, Judith Basin, Lewis And Clark, Liberty, McCone, Meagher, Petroleum, Phillips, Pondera, Powell (South Of A Line Running East & West Through The Southern City Limits Of Helmsville), Richland, Roosevelt, Sheridan, Teton, Toole, Valley, And Wheatland Counties Rates Fringes Painter ..........................................$ 13.85 1% + $3.45 15 PAIN0260-002 07/01 /2002 Flathead, Granite (North Of A Line Running East & West Through The Southern City Limits Of Phillipsburg), Lake, Lincoln, Mineral, Missoula, Powell (North Of A Line Running East & West Through The Southern City Limits Of Helmsville), Ravalli, And Sanders Counties Rates Fringes Painter ..........................................$ 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 PLA50119-001 05/01 /2005 Statewide (except Deer Lodge, Jefferson, Powell, and Silver Bow Counties) Cement Masons: (Zone 1) Rates Area 1 ...............................................$ 17.71 Area 2 ............................................... $ 18.82 Fringes $ 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 16 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 Plumber ..............................................$ 25.40 $ 12.05 Industrial -Power Generating Plants ... $ 27.75 $ 12.05 ~' PLUM0041-001 07/01 /2005 Beaverhead, Broadwater, Deer Lodge, Gallatin, Granite, Jefferson, Lewis And Clark, Madison, Park, Powell, Silver Bow, and Sweet Grass Counties Plumber PLUM0459-001 05/07 /2004 Rates Fringes $ 25.15 $ 10.10 Flathead, Glacier, Lake, Lincoln, Mineral, Missoula, Ravalli,And Sanders Rates Fringes Plumber ..............................................$ 24.21 $ 10.55 TEAM0002-001 06/01 /2003 Truck drivers: (Zone 1) Rates Fringes Group 1 ...........................................$ 14.14 $ 5.92 Group 2 ...........................................$ 18.84 $ 5.92 i~ 17 TRUCK DRIVERS CLASSIFICATIONS: GROUP 1: Pilot Car 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 Trailer; LumberCarriers,tift Trucks & Fork Lifts; Pick-up Driver hauling material; Powder Truck (Bulk Unloader type); Power Boom; Service Truck Drivers, 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 WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed underthe identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION I~ i~ • ~~~ RESEARCH ~ ANALYSIS BUREAU WORKFORCE SERVICES D I V I S I O N MONTANA DEPARTMENT OF LABOR & INDUSTRY P. O. Box 1728, Helena, MT 59624-1728 Ph: (406) 444-2430 or (800) 541-3904 Fax: (406) 444-2638 www. ourfacts~ourfuture.org This public document was produced for web distribution. Printed copies are available upon request, and are produced at an estimated cost of $0.30 per copy, which includes $0.30 for printing and $0.00 for distribution. I~ ii TO: ADDRESS: PROJECT: CONTRACT FOR: ii ii ii You are notified that your Bid opened on ,for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: The Contract Price of your Contract is: Dollars ($ 1. copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. set of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by 1. You must deliver to the OWNER fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (Article 20), and the General Conditions (paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your B id abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: BY: (CITY MANAGER) DATE: NOTICE OF AWARD Dated: (CITY CLERK) NOTICE TO PROCEED Dated TO: (CONTRACTOR) ADDRESS Contract: ' (Insert name of Contract as it appears in the Contract Documents} Project: OWNER'S CONTRACT NO. You are notified that the Contract Times under the above contract will commence to run ' on 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 and the date of readiness for final payment is ' Before you may start any Work at the Site, paragraph 2.7 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. ' Also, before you may start any Work at the Site, you must: (add other requirements) By: CitYof Bozeman (OWNER) (AUTHORIZED SIGNATURE) ACCEPTANCE OF NOTICE TO PROCEED By: (CONTRACTOR) (TITLE) Copy to Engineer (Use Certified Mail, (DATE) Return Receipt Requested) MONTHLY PAY ESTIMATE SUMMARY Date 2008 Lamme Water Main Replacement Project City of Bozeman, Montana Estimate No. - to , 2007 DESCRIPTION AMOUNTS THIS MONTH PREVIOUS TO DATE Earnings for Work & Materials Installed: Plus 100% of Invoice for Materials Stored: Less Materials Used: Subtotal: 5% Retainage: Net Earnings: Less 1 % Gross Receipts Tax: Gross Payment: Less Previous Payments: Net Payment this Estimate: Percent Time Elapsed: Work Done Based on Installed Cost: Contract Completion Data: Notice to Proceed Date: Original Contract Completion Time (dy): Stop/Resume Work Orders (dy): Approved Time Extensions (dy): New Contract Completion Time (dy): Contract Completion Date: Contract Cost Data: Amount of Original Contract: Approved Changes: Revised Amount: Approved by (Contractor): $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 #VALUE! #DIV/0! $0.00 $0.00 $0.00 Approved by City of Bozeman (Owner): 60 0 0 60 2/29/1900 PAY ESTIMATE 2008 LAMME WATER MAIN REPLACEMENT PROJECT CONTRACTOR: ENGINEER: CIN of Bozeman P.O. Box 1230 Bozeman, MT 59771 PAV ESTIMATE NO. to , 2007 OUANTf1Y COMPLETED AMOUNT EARNED PLAN THIS PREVIOUS TO BID THIS PREVIOUS TO ITEM DESCRIPTION UNIT QUANTITY ESTMAATE ESTIMATE DATE PRICE ESTIMATE ESTIMATE DATE 101 Taxes, Bonds, Insurance LS 1 0 0 0 EO.00 50.00 50.00 $0.00 102 Mobilization LS 1 0 0 0 50.00 E0.00 $0.00 50.00 103 Connection to existing main EA 13 0 0 0 50.00 50.00 50.00 E0.00 104 4' MJ pate valve FA 3 0 0 0 50.00 50.00 SO.OO 50.00 105 6" MJ pate valve EA 3 0 0 0 SD.DD $0.00 50.00 50.00 106 6' MJ pate vave F11 12 0 0 0 50.00 50.00 50.00 50.00 107 12" MJ pate vave F.A 1 0 0 0 50.00 50.00 $D.DD E0.00 106 i b' MJ pate vave EA 1 0 0 0 50.00 50.00 50.00 50.00 109 6x4 MJ increaser FJ1 1 0 0 0 SO.OD $0.00 E0.00 50.00 110 8z6 MJ increaser EA 8 0 0 0 50.00 50.00 E0.00 50.00 111 8x12 MJ increaser EA 1 0 0 0 50.00 $0.00 $0.00 50.00 112 6x4z8 MF tee EA 2 0 0 0 50.00 50.00 50.00 50.00 113 8x6z8 MJ tee EA 4 0 0 0 50.00 $0.00 50.00 50.00 114 6x6x8 MJ tee FJ1 3 0 0 0 50.00 50.00 50.00 SD.00 115 8" cross EA 2 0 0 0 50.00 50.00 E0.00 50.00 116 14'cross FA 1 0 0 0 50.00 $0.00 50.00 50.00 117 11.25 dep. B" MJ bend EA 2 0 0 0 SD.00 $0.00 50.00 50.00 118 22.5 tleg. B" MJ bend FA 2 0 0 0 50.00 50.00 50.00 $0.00 119 45 dep. MJ bend EA 4 0 0 0 E0.00 50.00 ED.DD 50.00 120 22.5 dep. 14" MJ bend EA 1 0 0 0 E0.00 E0.00 50.00 E0.00 121 6"ductile iron pipe LF 2254 0 0 0 50.00 ED.00 E0.00 E0.00 122 14"ductile iron pice LF 63 0 0 0 $0.00 50.00 EO.00 50.00 123 Service reconnection w/~n trench limits ~ 40 0 0 0 50.00 E0.00 SD.DO 50.00 2" diameter and smaller 124 Service reconnection wfin trench limits FA 2 0 0 0 50.00 50.00 E0.00 50.00 4" diameter and larger 125 Service reconnection outside trench limits LF 100 0 0 0 50.00 50.00 ED.DD 50.00 2" diameter and smaller 126 Service reconnection outside bench limits LF 100 0 0 0 E0.00 $0.00 50.00 $0.00 4" diameter and larger 127 Fire Hydrant EA 4 0 0 0 50.00 50.00 $0.00 50.00 128 Jack and Bore EA 1 0 0 0 $0.00 $0.00 50.00 $0.00 129 Insula0on LF 150 0 0 0 50.00 $0.00 $0.00 $0.00 130 Traffic Control LS 1 0 0 0 50.00 50.00 50.00 50.00 131 Temorery water system LS 1 0 0 0 50.00 50.00 50.00 50.00 132 Asphep Surtece Restoration LF 2250 0 0 0 50.00 50.00 50.00 50.00 133 Type 2 bedding CY 20 0 0 0 E0.00 50.00 $0.00 E0.00 134 Quality Assurance Testing LS 1 0 0 0 E0.00 50.00 50.00 50.00 135 Miscellaneous Wark FA 10000 0 0 0 E1.00 50.00 50.00 $D.00 SUBTOTAL BID ITEM WORK INSTALLED 50.00 50.00 E0.00 Materials in Storage 50.00 SO.DO SD.00 Materials out of Storage $0.00 $0.00 E0.00 SUBTOTAL 50.00 E0.00 50.00 Total Amount Due 50.00 50.00 50.00 Less Retainape 5% 50.00 50.00 50.00 Subtotal 50.00 E0.00 E0.00 Less 1%Gross Redepts Tax 50.00 $0.00 $0.00 Subtotal 50.00 EO.OO $0.00 Less Previous Payments 50.00 50.00 Total Due This Payment 50.00 50.00 ' CITY OF BOZEMAN ACCOUNTS PAYABLE P.O. Box 1230. Bozeman, MT 59771-1230 ' (406) 582-2334 ' PAY T0: DATE PAID: DATE INVOICE # FUND ACCOUNT OBJECT PROJECT ~~, WARRANT # WARRANT TOTAL $ VENDOR # DESCRIPTION AMNT ' I, the undersigned, do solemnly swear, that I am of OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant, and the amounts shown therein are a true and lawful claim against the City of ' Bozeman and wholly unpaid. Sign here: Phone SS# or Tax ID # .Business License # THE CITY OF BOZEMAN MUST HAVE YOUR SS# OR TAX ID# AND BUSINESS LICENSE NUMBER BEFORE THIS ' CLAIM WILL BE PROCESSED. 1. Z. DEPARTMENT HEAD OF DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: Field Order No. Date of Issuance: Effective Date: Project: Owner: Owners Contract No.: Contract: Date of Contract: Contractor: Engineers Project No.: Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.05A., for minor changes in the Work without changes in Contract Price or Contract Times. If you consider that a change in Contract Price or Contract Times is required, please notify the Engineer immediately and before proceeding with this Work. Reference: (Specification Section(s)) (Drawing(s) /Detail(s)) Attachments: Engineer: Receipt Acknowledged by (Contractor): Date: Copy to Owner EJCDC 1\0. C-942 (2002 Edition) Page 1 of I Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specif cations Institute. li II CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE OWNER _ ' Contract: _ Project: ENGINEER ii i~ i~ i~ CONTRACTOR OWNER's Contract No. _ ENGINEER'S Contract No. You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Original Contract Price Net Increase (Decrease) from previous Change Orders No. to Contract Price prior to this Change Order: Net increase (decrease) of this Change Order: Contract Price with all approved Change Orders: CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (da s or dates Net change from previous Change Orders No. _ to No. _ Substantial Completion: Ready for final payment: da s Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: da s or dates Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR (Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER -Signature) Date OWNER (Authorized Signature) Date EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Page 1 of 2 C:\Backup\Lamme Water Replacement\Specs\COB Change Order Form.doc CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, ' depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. Page 2 of 2 C:\Backup\Lamme Water Replacement\Specs\COB Change Order Form.doc 1 SPECIAL PROVISIONS GENERAL The work to be performed under this contract involves furnishing all labor, materials, equipment, supplies and services necessary for installation of an 8" water main and associated appurtenances to replace existing mains in the City of Bozeman. All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Fifth Edition (MPWSS), 5~' Edition, and as further modified by the City of Bozeman Modifications to MPWSS, 5'h Edition, including Addendums, which is hereby included as part of these specifications. All references to MPWSS sections, unless otherwise noted, are a reference to said Montana Public Works Standard Specifications. All correspondence and official authorization concerning the work shall be with the City Engineer or his designated representatives as identified at the preconstruction meeting. Any changes in the Work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractors risk at no cost to the Owner. All damages, reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. SCOPE OF WORK The work involves replacement of existing mains with the installation of approximately 2254 LF of 8" ductile iron water main and appurtenances. The work area is generally described as: Lamme Street from Grand to Tracy, and from Black to Church. 3. AWARD OF CONTRACT The award of the contract, if awarded, will be made within the period specified in the Invitation to Bid to the lowest responsive, responsible Bidder who's Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the address shown on the Bid, that his Bid has been accepted and that he has been awarded a contract. The Bid schedules may be awarded as a single total combined contract, may be awarded singly as separate contracts, or in any combination of schedules which result in the lowest project cost to the owner. 4. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written by the City Engineer to the Contractor. In establishing the date when Contract Time begins, the Engineer will consider that the contract time begins following delivery of the NOTICE TO PROCEED. A separate notice to proceed may be issued for each separate or combined bid schedule. Where multiple schedules are awarded under a single contract, the contract times shall run concurrently, unless the City agrees to 1 SPECIAL PROVISIONS issue separate notices to proceed. The Contract Time will expire automatically the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change order. 5. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of $500.00 per calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 6. COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the project following the Bid Opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner. 7. NAMES, PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer, trade name, or brand, such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written approval of the Owner. No substitutions will be considered until after contract award. APPROVAL OF EQUIPMENT AND MATERIALS The Contractor shall furnish to the Owner or its Engineer for approval the name of the manufacturer of machinery, mechanical and other equipment and materials which he contemplates using in execution of the work, together with the performance capacities and such other information which may be pertinent or required by the Owner. 9. BIDDER'S QUALIFICATIONS The Contractor shall show evidence that he has the finances, organization, and equipment to perform the work with a limited number of subcontractors. The Contractor will be required to have afull-time resident General Superintendent on the job at all times while the work is in progress. He shall be in a position to direct the work and make decisions either directly or through immediate contact with his superior. Absence or incompetence of the superintendent shall be reason for the Owner to stop all work 2 SPECIAL PROVISIONS on the project. 10. WARRANTY If, within two years after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. 11. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing, and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule. C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for the specific conditions involved with each construction schedule. The contractor shall dedicate a minimum of one crew from the time of the notice to proceed until all of the work including surface restoration between Church and the west side of Rouse is complete. All of the work in this area must be complete prior to the first day of school at Hawthorne Elementary. The owner reserves the right to stop all work on the remainder of the project and require additional resources be committed to this area if deemed necessary to meet this deadline. The Contractor shall limit working hours to 7:00 a.m. to 7:00 p.m., Monday through Friday. No work shall be done outside of these hours unless specifically approved by the City Engineer. 12. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a conference will be held at the City Engineer's Office, 20 E. Olive Street, for the purpose of discussing requirements on such matters as project supervision, on-site inspections, progress schedules and reports, payrolls, payment to contractors, contract change orders, insurance, safety, and any other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel and a representative from each of the affected SPECIAL PROVISIONS utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and any problems anticipated. 13. SHOP AND FABRICATION DRAWINGS The Contractor shall prepare and submit fabrication drawings, design mix information, material testing compliance data, and other data, in accordance with the General Conditions. Following review, the Contractor shall resubmit copies of any drawings which required revision or correction. Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper operation of any item required under the Contract. Notwithstanding any such review, Contractor shall remain solely responsible for full and complete performance in accordance with the terms, conditions, provisions, drawings and specifications set forth in the Contract Documents. 14. UNDERGROUND UTILITIES The Contractor shall be responsible for checking with the Owners of underground utilities such as the City, County, power and telephone companies, etc. as to the location of their underground installations in the project area. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. A Montana One-call system, phone number 1-800-424-5555 has been set up to facilitate requests for underground facility located information. The Contractor is responsible for contacting the One-call system prior to any excavation. 15. EASEMENTS, RIGHTS-OF-WAY, ADJOINING PROPERTY The Contractor shall contain all of his construction operations within the easements and rights of way unless written approval is secured from the owner of the adjoining property or written approval is given by the Owner to utilize the adjacent land area. 16. TRAFFIC CONTROL A. General. The Contractor shall at all times conduct his operations so that there is a minimum interruption in the use of the City's streets affected by the work. Exact procedures in this respect shall be established in advance of construction with the City Engineer. Barricade function, design and construction shall conform to the latest edition of the Manual on Uniform ' 4 SPECIAL PROVISIONS i ' Traffic Control Devices (MUTCD) and the Standard Specifications for Road and Bridge Construction of the State Highway Commission of Montana latest Edition. ' Should construction of the project require the closure of any streets, roads or highways or require night- time or long-term traffic control, the Contractor will be required to prepare a detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the specific conditions. Traffic control plans shall be in conformance with the requirements of the Manual on Uniform Traffic Control Devices. In regards to closures, the plan shall include specific details on traffic detours and ' estimated durations of the closures. Details of signing, barricades, flagging and other traffic control devices shall be presented. The traffic control plan shall be approved by the Owner prior to construction. The Contractor may be required to modify or adjust a traffic control set-up to fit specific field conditions ' encountered during construction. ' B. Traffic Access. Construction work shall be programmed by the Contractor so that local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all affected residents in the area of programmed work, of street closures, ' parking requirements and restrictions, and any other conditions, a minimum of twenty-four (24) hours prior to beginning work within the affected area. All signing, barricades, and other traffic control measures shall be provided by the Contractor. C. Warning Signals• All streets, roads, highways and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed, mounted or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over; and obstructions, including but not limited to, material stockpiles and equipment shall be similarly protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. D. Notifications. The Contractor shall coordinate all of the Contractor's construction activities to minimize conflicts at the work site, off-site events, or other construction projects nearby. The Contractor shall notify all affected residents and businesses, the Bozeman Police, Fire, Street, and Sanitation Departments, Laidlaw Bus Service, Streamline Bus Service, AMR Ambulance Service, and Allied Waste Services of all planned street closures a minimum of 24 hours before any actual street closure. In addition, all businesses affected by a street closure shall be given seven (7) days advance notice of the upcoming street closure. The Contractor shall maintain a log of all advance notifications that have been made for each street segment construction site. Prior to closure of any collector or arterial street, the Contractor shall prepare a news release announcing the upcoming street closure which shall specify at a 5 SPECIAL PROVISIONS minimum the impact of the construction upon the public and the duration of the work. At least three days prior to the street closure, the Contractor shall submit the news release to all local new media, and shall cause the news release to be published as a display ad in the Bozeman Daily Chronicle. E. Signalized Intersections. The Contractor shall coordinate with the City of Bozeman Street Department and the Montana Department of Transportation when working in or near a signalized intersection. Signals shall not be disrupted without prior approval by City of Bozeman Street Department and the Montana Department of Transportation. F. Work Methods. The Contractor shall position all traffic control devices according to plan prior to positioning personnel or equipment on the traveled way. 2. The Contractor shall inspect and check the work zone traffic control frequently including weekends, holidays, and other non-working days, and shall correct any deficiencies discovered. The Contractor shall keep a log of all inspections. Construction traffic control devices shall be removed or covered when they are not being used for construction activities. 4. If the Contractor fails to correct a deficiency in the traffic control system that the Engineer deems a necessary traffic control modification to expedite the movement of traffic or an emergency hazard to life and/or property, the Owner may correct the deficiency and be reimbursed for all costs from the next progress payment to the Contractor. 5. Flagging shall be only performed by certified and properly equipped flagpersons. Flagging shall be done as described in the booklet "Instructions to Flagpersons" published by the Montana Department of Transportation. ' 6. Sidewalks and crosswalks shall remain free of debris and open to pedestrians to the greatest extent possible. When necessary pedestrian detours shall be established or ' the sidewalk shall be properly closed to travel in accordance with the MUTCD and City of Bozeman requirements. 7. The Contractor shall schedule the work to minimize inconvenience to the Owner and to adjacent property owners and to minimize interruptions to utility service and through traffic. The Contractor shall maintain vehicular access to local businesses at all times. The Contractor shall maintain vehicular access to residences able to be used 6 SPECIAL PROVISIONS after each shift. 8. The Contractor shall designate one (1) employee whose primary purpose shall be to coordinate traffic control and shall provide a 24 hour per day telephone number or numbers to contact this person. 17. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all Local, State, and Federal laws and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Department of Fish, Wildlife and Parks, Department of Health and Environmental Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations. Contractor's shall include all clean-up, restoration, etc., of any detention or discharge areas. All debris or waste materials shall be cleaned up by the end of the work day. 18. PROTECTION OF EXISTING PAVEMENT All equipment shall be fitted with pads on the outriggers and other accessories as necessary to prevent damage to existing pavement during the course of the project. Any damages to pavement shall be corrected by the Contractor, at his expense, in a manner as directed by the Engineer. 19. MANHOLES, VALVE AND MONUMENT BOXES All manholes, valve and monument boxes shall be protected with heavy builders paper until final coating and compaction has occurred. Contractor shall dig out and clean completely all boxes and manholes which are not protected. All manholes and boxes which are at the edges of the defined limits of SPECIAL PROVISIONS construction shall be treated as if they are completely within the construction area and the area immediately surrounding the raised and/or protected manholes and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or box. It is imperative that manholes and valve boxes be accessible to the City for emergency maintenance of its utilities. The Contractor shall schedule his work to provide timely access to manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the Contractor and not immediately re-exposed shall be subject to being uncovered by City crews without notice in response to emergency maintenance needs. The Contractor shall be responsible for reasonable restoration at no cost to the City. 20. OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. 21. SALVAGEABLE ITEMS ' Any items removed from the existing system under the terms of this contract shall remain the property of the Owner and shall be delivered to a site of the Owner's choosing within the property limits of said Owner. Should the Owner choose not to accept any salvageable items, then the Contractor shall dispose ' of those items at his expense at a site or landfill acceptable to the Engineer. Any costs for the above work shall be at the Contractor's expense. 22. ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers and records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 23. INSURANCE Insurance coverage required under this contract shall extend, at a minimum, to the end of the contract time. 24. WATER SERVICE RECONNECTIONS It shall be the responsibility of the CONTRACTOR to hook up all active water services. Water services as shown on the plans have been identified to be active or inactive (not hooked up) based on the best available records, however it shall be the CONTRACTOR'S responsibility to verify which services are active and need reconnection. He shall be responsible for contacting and coordinating 8 SPECIAL PROVISIONS with the landowners to determine which services are active. All active water services shall be reconnected. CONTRACTOR shall be responsible for locating all service connections outside mainline trench limits. Copper pipe shall be used to reconnect service lines 2" and smaller and ductile iron pipe shall be used to reconnect services 4" and larger. All active services encountered that are not copper, cast iron, or ductile iron pipe shall be replaced up to the meter. Replaced services shall be of same size as existing service, unless otherwise directed by the ENGINEER. 25. WATER SERVICE SHUTDOWNS The CONTRACTOR shall notify water service customers of any water main or water service shutdowns in writing between 24 and 48 hours prior to the disruption, and shall have all necessary materials, tools, equipment and labor on the site prior to removing the existing lines from service. 26. ABANDONING EXISTING PIPE ~ Existing water, sanitary sewer, and storm drainpipes noted on the plans to be abandoned in place shall be abandoned only after the new water line, storm drain or sanitary sewer, or usable portions ' thereof, have been constructed, tested, and approved. All ends of the abandoned pipes shall be plugged with Class M-3000 concrete. Upon completion of the installation of the new water mains and disconnection of the existing water mains, the contractor shall remove all abandoned appurtenances that are at or above grade that were not removed during installation of the new water main. Fire hydrants shall be removed down to the shoe and salvaged to the City of Bozeman. Curb box and valve box castings shall be removed to a minimum of 18" below grade. The resulting voids ' shall be filled with flowable fill if within a paved surface and patched with either asphalt plant mix or portland cement concrete to match the existing pavement surface type and thickness. Voids in landscaped areas shall be backfilled with compacted soil and seeded. The cost of abandoning ' existing pipes and other appurtenances shall be considered incidental to construction and the cost for this work shall be absorbed in related items of work. ' 27. LANDSCAPING RESTORATION ' CONTRACTOR shall be responsible for the restoration of any and all landscape features disturbed during construction. All landscaping disturbed by construction activities must be restored to a condition equal to or better than the conditions existing prior to construction as judged by the ' ENGINEER. The CONTRACTOR shall be required to stockpile and restore all topsoil and irrigation systems disturbed by construction. The cost of landscaping restoration shall be considered incidental to construction and the cost for this work shall be absorbed in related items of work. ' Section 02910 - Seeding ' Add the following: 9 SPECIAL PROVISIONS 2.1 Seed Use the following seed mixture to seed all disturbed landscaped areas at a rate of 301bs/acre: Tall Water-save Fescue 60% Kentucky Bluegrass 25% Perennial Ryegrass 15% 28. WATER PIPE MATERIALS AND SPECIALS A. Water main piping materials shall be ductile iron pipe as referenced in Section 02660, MPWSS, and City of Bozeman Modifications to MPWSS. B. All service line reconnections or extensions shall be installed under existing mains. C. Service reconnections shall be reconnected by the method shown on City of Bozeman ' Standard Drawings 02660-6 and 02660-12. Note that all corporation stops shall be ball core valve type, and all curb stops shall be ball valve curb stops. D. The reconnection of services shall be made with the minimum amount of fittings necessary. At the determination of the ENGINEER, exposed existing fittings shall be removed and the service reconnection point lengthened, as necessary. This shall be incidental to the work. E. The reconnection of services shall follow the guidelines of the industry and material manufacturer. This will include: 1. Removal of burrs after cutting the pipe. 2. The use of a manufactured sizing tool to true the pipe. 3. Using special care to keep the fittings clean. 4. Forming the specified expansion loop. 29. INSULATION BOARD Water line insulation board shall have a closed cell structure with an R-Value of 5 per inch of thickness. Maximum water absorption shall be 0.1 % by volume and minimum compressive strength shall be 100 psi. Insulation board shall be Styrofoam Brand High Load 100 or approved equal. Insulation board shall be installed with 2-inches of sand bedding and 2-inches of sand over the top of the insulation board. Insulation board shall be installed as specified on the plans over all water mains, service lines, or hydrant leads when depth of cover is less than 6.5 feet. 30. FIRE HYDRANTS There may be locations where fire hydrants are to be installed at depths which differ from the typical bury depth. CONTRACTOR shall be responsible for obtaining the correct materials to ensure that all 10 SPECIAL PROVISIONS ' fire hydrants are installed with the proper bury depth. Installation of fire hydrants must be such that the break away bolts are accessible from underneath and that the bottom of the break away flange is t not installed more than 3-inches above the finished grade. ' 31. MAINLINE CONNECTIONS All mainline connection taps will be performed by the City of Bozeman personnel. City personnel ' will verify test results prior to tapping. CONTRACTOR shall be responsible for supplying and installing tapping tee, connection sleeves, spool pieces, and all other appurtenances required for ' connections. Once tap is completed, CONTRACTOR shall complete all connections. CONTRACTOR shall provide means, methods, and labor to set and remove tapping equipment. City ' of Bozeman requires 24-hour notice and an appointment (scheduled time) for tapping services. No taps will be made after 3:00 p.m. CONTRACTOR shall be ready at scheduled tapping appointment time. If CONTRACTOR is not ready at scheduled time, City personnel will leave and ' CONTRACTOR shall reschedule with the required 24-hour notice. No consideration will be given to CONTRACTOR's inability to be ready at the scheduled tapping time. City of Bozeman will provide tapping service at no cost to CONTRACTOR. 32. CHLORINATION AND TESTING Water Water required for water main flushing, filling, and hydrostatic pressure and leakage testing shall be provided at no cost to the CONTRACTOR. Flushing CONTRACTOR shall provide a means for flushing and bleeding air from water lines. For flushing, a minimum of one 2" tap (core and saddle) for pipe less than 12 inches diameter and two 2" taps (core and saddles -with 1' separation) for pipe 12 inches diameter and greater, shall be installed on the piping if other means (fire hydrants, tapped plugs, etc.) are not available. For bleeding air, it shall require a minimum of 3/4" tap (core and saddle) on the piping if other means (fire hydrants, tapped plugs, etc.) are not available. Corps shall be removed after testing is completed and replaced with brass plugs. Any core, saddles, or other pipe or fittings required for flushing or bleeding air from water lines shall be incidental to the water main construction. Chlorine If the "tablet" method of chlorination is used, only the granule hypochlorite shall be used. 33. TEMPORARY WATER SYSTEMS -GENERAL 11 SPECIAL PROVISIONS 1 The CONTRACTOR shall provide temporary water service to all interrupted service connections associated with the water main replacement projects. The areas where consumers are affected by the ' work and require a temporary water supply should be verified with both the ENGINEER and OWNER at least 72 hours (excluding weekends and holidays) prior to the anticipated suspension of water service. Temporary water service shall include temporary service for fire protection. In lieu of ' providing temporary service for fire protection, the Contractor may provide a fire watch in each building for all times that the fire service is inactive and the building is unoccupied. The person doing the fire watch shall have no other duties during the time they are on fire watch duty. ' Temporary water service to fire systems shall be sized as necessary to meet the demands of the building sprinkler system. ' Following the ENGINEER'S and OWNER's review and approval of any proposed shutdown request, the CONTRACTOR shall be required to give a minimum 24-hour advance notice (excluding ' weekends and holidays) to all residential consumers whose service will be temporarily affected, by means of individual notices delivered to each consumer. The CONTRACTOR must have available all the necessary materials to complete the restoration of water to each of these residential services within eight (8) hours after the suspension begins or before 5:00 p.m., whichever comes first. For commercial services, special arrangements shall be made by the CONTRACTOR to provide ' temporary water service. The CONTRACTOR will not be allowed to take a commercial service out of service except in emergency conditions only. The CONTRACTOR shall supply all hoses, fittings, etc., for providing temporary water service. Copper piping or other "non- ' taste" inducing pipe shall be necessary if the commercial consumer serves food or water products as part of his business. The CONTRACTOR will be required to supply temporary water to the residential consumer if the above 8-hour limitations are expected to be exceeded. The CONTRACTOR shall submit a shop drawing including all materials proposed to be used for temporary water. Additionally, a temporary water plan shall be submitted for each zone prior to starting to layout the temporary water system. This submittal shall include connection points, hydrants and/or valves to be operated by City of Bozeman personnel, layout for connection to each service, and the location of all asphalt trench cuts as a minimum. Depending on the circumstances of the zone, additional information may be required by the ENGINEER. These submittals shall be submitted in accordance with the submittal section of these specifications. 34. TEMPORARY WATER SYSTEMS -EXECUTION 1.01 The CONTRACTOR shall be solely responsible for all activities of locating and exposing curb stop valves to the individual properties. The OWNER will operate all curb stop valves. All notes of existing condition shall be identified on forms as supplied by the ENGINEER. Any existing condition that is suspected to indicate a defect of the curb stop valve, box, or 12 SPECIAL PROVISIONS service shall be reported immediately to the ENGINEER. Other than the operating curb stop valves, the OWNER will not participate in any activity up to this point. ' If the notices are not issued or the service is not ready to be connected to restore service, the City shall be free to exercise its authority in not closing down the existing valves and ' water main system. 1.02 The water piping of temporary hoses, piping, etc. shall be a 160-psi rating, NSF approved ' hose, flexible polyethylene pipe, or PVC pipe. All pipe used for the temporary water system must have a visible NSF approval stamp by the manufacturer. A short section of h ' pressure flexible rubber hose may be used for the connection to each residence. The temporary system must be leak proof. 1.03 The distribution pipe shall have a manual shut-off valve at each service tee. Additionally, each service must have backflow prevention fitting. There shall be a double check backflow prevention fitting at the primary connection to the water supply source, which shall be supplied by the contractor along with a testing certificate showing that it has been recently tested. Double check backflow preventer shall be Watts Series 009 or Series 909 or approved equal. Each backflow preventer shall be properly supported to protect the assembly and the attached piping from breakage. Each double check backflow preventer assembly shall be tested to verify its integrity by a ' certified backflow prevention technician prior to use for the first time. Each backflow preventer shall be tagged with an identification number and subject to additional testing at the discretion of the ENGINEER. All costs for testing shall be the responsibility of the ' CONTRACTOR. 1.04 Each house connection shall be equipped with a wye or splitter with a valve to allow for lawn watering. Plastic fittings are not permitted. The connection to each customer shall require a short section ofhigh-pressure flexible rubber hose at the connection point. House- to-house connections are not permitted. All connections shall be from the approved temporary water system. 1.05 All pipe sizes shall be adequate to meet ordinary water supply demands of the consumers. ' 1.06 All temporary water systems shall be disinfected and approved by the City of Bozeman before being placed into service. The disinfection procedures shall be equal to the procedures required for the new water main. This will require minimum 48-hours laboratory ' time Bac-T sample to determine acceptability. Temporary hoses, piping, fittings, etc., to be flushed and disinfected in accordance with the 13 SPECIAL PROVISIONS State of Montana Department of Health and Environmental Services, Water Quality Bureau standards, and the standards of this specification rior to being put into service. 1.07 Once the temporary water system has been assembled, pressure tested and disinfected, the City of Bozeman Water Department staff will review the test results and inspect the final connection to the building. The City of Bozeman Water Department staff will not participate in the assembly of the temporary water system. The CONTRACTOR shall conduct all other work on the services as stated in Item 1.01. 1.08 Pipe protection measures must be supplied at road crossings, alleyways, or residential driveways. For crossings of arterial or collector streets, the CONTRACTOR will be required to install the temporary water in a shallow trench. Aerial crossings of the temporary water lines at street crossings will not be allowed. Temporary water supply pipes shall not be installed in storm drain pipes. For crossings of local streets, alleyways, or driveways, traffic-rated hose ramps shall be used to protect the line from damage. Mounding millings or cold mix over a temporary water pipe will be allowed under the following conditions: 1. The maximum height shall be 2-1/2 inches. 2. A bond breaker shall be laid on top of the existing asphalt before the millings or cold mix are laid down. The millings or cold mix shall be tapered a minimum of 3 feet on either side of the temporary water pipe. 3. Provisions are made to avoid impact loads on the temporary water pipe. 4. Signs are erected indicating a bump ahead at 500 feet and 100 feet from the bump and at the bump in both directions. The asphalt crossings shall be cut straight and vertical shall have uniform width and shall be cut perpendicular to the centerline of the street. Restoration shall match the appropriate surface restoration detail and shall have an adequate width to allow compaction with a small mechanical compactor. There will be no payment for any street cuts or asphalt restoration under this item, this being incidental to the work. Temporary water lines that cross pedestrian pathways shall have ramps that meet ADA requirements to allow for safe pedestrian crossings of the lines. 1.09 After services are connected or reconnected following installation, testing, and acceptance of the new main, the water service piping shall be backflushed from the residence to the trench. The inability to backflush shall not relieve the CONTRACTOR from any requirements of the Contract Documents. 1.10 The CONTRACTOR should expect to find the existing plumbing on some services to be in old condition. The CONTRACTOR shall use an ordinary degree of care while working on this condition of service. Also, there may not be any convenient point of temporary connection on some services. In this 14 SPECIAL PROVISIONS 1 case, temporary fittings must be provided to achieve the temporary water supply. This will be incidental to the work. ' 35. ENGINEERING MATERIALS TESTING AND CONTROL TESTING ' A. With the exception of items requiring special inspection, the Contractor shall be responsible for all material testing including, but not necessarily limited to: t 1. Dates of acceptable tests for water mains, which shall include hydrostatic and leakage testing and bacteriological testing. These tests shall be conducted by the Contractor in the presence of the City. The written test results shall be provided to the City prior to acceptance of the ' water main. ' 2. Elevations shall also be recorded and provided for the top of water main at 50' intervals. The Contractor shall cooperate with the City to document these elevations, including providing the equipment necessary to shoot the elevations. The City will have a representative on-site to record the data as the pipe is being installed. The Contractor shall provide safe access to the City for these inspections and cooperate with the City to ensure that adequate documentation is obtained. 3. Verification that all thrust blocking is installed in accordance with the approved plans and specifications. The Contractor shall provide safe access to the City for these inspections and ' cooperate with the City to ensure adequate documentation is obtained. 4. Theoretical maximum density, optimum moisture content, and sieve analysis for the sub-base ' course, crushed base course, pit run, and native backfill and subgrade material within the right-of--way. 5. Documentation of in-place field density test for trenches, roadways, and embankments at intervals of 50 feet. Tests for roadways shall be provided for subgrade, sub-base course and/or pit run, and crushed base course materials. 6. Portland Cement concrete and asphaltic concrete pavement mix deigns. B. All Contractor testing, except pipeline pressure testing, shall be performed by an independent, certified testing laboratory approved by the Owner and Engineer. All test results shall be provided to the Engineer and the Contractor shall provide written authorization to the testing laboratory to release test results to the Engineer. A copy of this authorization shall be submitted to the Engineer prior to the construction startup. The Engineer shall have the authority to select when and where tests are taken (i.e. select concrete truck(s), areas of backfill for density, etc.) C. The Engineer reserves the right to conduct testing to ensure compliance with the specifications. D. Neither tests made by the Owner or the Engineer will relieve the Contractor from his obligation to perform the work in accordance with the Technical Specifications. 15 SPECIAL PROVISIONS E. Materials, compaction, densities, or other construction items which do not meet the requirements of these specifications shall be replaced and retested at the Contractors' expense. All laboratory and material test submittals shall be provided to the Owner and Engineer before placement of any pavement or concrete sections. 36. FLOWABLE (NONSHRINK) BACKFILL All flowable (nonshrink) backfill place within the Main Street right of way shall meet the following MDOT specifications: E. Flowable Fill. Flowable fill is a mixture of portland cement, fly ash, fine aggregate, air entraining admixture and water. Flowable fill contains a low cementitious content for reduced strength development. Submit a mix design for approval. No compressive strength testing is required for the mix design. Table 551-1 has the suggested mix guides for excavatable and non-excavatable flowable fill. TABLE 551-1 FLOWABLE FILL MIX DESIGN GUIDE MATERIALS EXCAVATABLE NON-EXCAVATBLE Cement, Type I or II 75.6-102.6 lb/yd3 75.6-151.21b/yd3 45-60 k /m3 45-90 k m3 Fly Ash None 151.2-596.71b/yd3 90-355 k /m3 Water Mix designs must produce a Mix designs must produce a consistency that results in a consistency that results in a flowable, self-leveling product flowable, self-leveling product at time of re lacement. at time of re lacement. Air 5% to 35% 5% to 15% Unit Weight (Wet) 2,430-2,9701b/yd3 2,700-3,375 lb/yd3 1,440-1,760 k /m3 1,600-2,000 k m3 Furnish fine aggregate meeting Subsection 701.01.1 requirements. The fine aggregate has no fineness modulus requirement. High air generators or foaming agents may be used in lieu of conventional air entraining admixtures and may be added at the jobsite and mixed in accordance with the manufacturers recommendation. The requirements for percent air, compressive strength and unit weight are for laboratory designs only and are not intended for jobsite acceptance requirements. Proportion fine aggregate to yield 1 cubic yard (1 cubic meter). Flowable fill shall be considered an incidental work item with no separate measurement and payment. All costs associated with this item shall be included in other bid items. 16 SPECIAL PROVISIONS 37. USE OF REMOVED ASHPALT PAVEMENT ' Asphalt concrete pavement removed during trenching operations may be used as backfill material in areas with Type A backfill if mechanically processed to 4" minus size with a cold planer, rotomill, or similar equipment and mixed at no more than a 50/50 ratio with other backfill material. Asphalt ' concrete pavement removed during trenching operations may be used as pavement base course material if mechanically processed with a cold planer, rotomill, or similar equipment to meet the gradation requirements of the base course and mixed at no more than a 50/50 ratio with other base course material. 7 ' 17 SPECIAL PROVISIONS I~ i~~ ~~ ' SECTION 00100 ' MEASUREMENT AND PAYMENT The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to the ' Contractor will be made based on the actual satisfactorily completed work quantities measured in the field. Under the terms of this contract, the unit price as contained in this Bid Form shall be applicable to quantity overruns. ' The following measurement and payment sections do not necessarily name every incidental item required by the Contract Documents to complete the work. Cost of all such incidental items shall be included in the various related bid items. Item 101: (Taxes, Bonds, Insurance) To be paid on the first progress pay estimate one-hundred percent ' (100%) upon mobilization to begin construction, only if the bid price for this item is less than five percent (5%) of the total price. For that portion of the taxes, bonds, and insurance greater than five ' percent (5%), if any, payment shall be made on the basis of the percentage of the work completed of each progress estimate. ' Item 102: (Mobilization) Fifty percent (50%) to be paid on the first progress estimate when mobilizing to begin construction, and fifty percent (50%) to be paid following substantial completion and acceptance of the work. '~ i~ Item 103: (Connection to existing main) Measurement and payment per connection to an existing water main. Payment shall include all materials, equipment and labor to complete the connection, including any necessary thrust restraint, thrust blocks, or gravity blocks, and excluding any tapping tees and tapping valves which shall be measured and paid for under Items 113 and 114. Items 104, 105, 106, 107, & 108: (Gate valves) Measurement and payment shall be as per MPWSS Section 02660 4.6 A. Items 109 110 111 112 113 114 115 116 117 118 119 & 120: (Tees, bends, crosses, and increasers) Measurement and payment shall be as per MPWSS Section 02660 4.3 A. Item 121 & 122: (8" & 14" ductile iron pipe) Measurement of water mains is made in lineal feet along the centerline of pipe through all valves, fittings, and appurtenances. Payment for water mains will be made at the contract unit price bid per lineal foot for 8" or 14" ductile iron pipe, which includes furnishing and installing pipe, furnishing and placing Type 1 pipe bedding, trench excavation, backfill, and compaction, including furnishing and placing any required flowable fill backfill, cleaning, testing, and disinfecting the water main, providing any and all necessary joint and thrust restraint, dewatering, proper disposal of all waste materials, and all other work necessary or incidental for completion of the item. 1 MEASUREMENT AND PAYMENT 1 t Item 123: (Service reconnection within trench limits, 2" diameter and smaller) Measurement shall be by the numerical count of each service that is reconnected within the limits of the main line trench. Payment ' at the contract. unit price shall constitute full compensation for furnishing and installing all service clamps, corporation stops, water service pipes, fittings, testing and disinfection, and for tapping of the new main and providing all tools, equipment and incidentals necessary to complete this item. Item 124: (Service reconnection within trench limits, 4" diameter and larger) Measurement shall be by the numerical count of each service that is reconnected, including any fire hydrant lead reconnections, within the limits of the main line trench. Payment at the contract unit price shall constitute full compensation for furnishing and installing all water service pipes, fittings, joint restraints, testing and disinfection, and providing all tools, equipment and incidentals necessary to complete this item. Any gate valves required to complete the reconnection shall be measured and paid for separately. Item 125: (Service reconnection outside trench limits, 2" diameter and smaller) Measurement shall be ' by the lineal foot of each service that is reconnected, beginning at the connection to the main, up to the connection to the existing service, either outside or inside of the building. Payment at the contract unit ' price shall constitute full compensation for furnishing and installing all service clamps, corporation stops, water service pipes, fittings, curb stops and curb boxes, and for tapping of the new main, for all excavation, backfill, compaction, removal and replacement of any curbing or sidewalk removed to complete the item, proper disposal of all waste materials and providing all tools, equipment and incidentals necessary to complete this item. Item 126: (Service reconnection outside trench limits, 4" diameter and larger) Measurement shall be by the lineal foot of each service that is reconnected, beginning at the connection to the main, up to the connection to the existing service, either outside or inside of the building. including any fire hydrant lead reconnections. Payment at the contract unit price shall constitute full compensation for furnishing and installing all water service pipes, fittings, joint restraints, testing and disinfection, for all excavation, backfill, compaction, removal and replacement of any curbing or sidewalk removed to complete the item, proper disposal of all waste materials, and providing all tools, equipment and incidentals necessary to complete this item. Any gate valves required to complete the reconnection shall be measured and paid for separately. Item 127: (Fire hydrants) Measurement and payment shall be as per MPWSS Section 02660 4.7 A. Item 128: (Jack and Bore) Measurement and payment shall be by the lineal foot for steel casing pipe installed. Payment at the unit price shall constitute full compensation for furnishing and installing all steel pipe, excavation, backfill, boring or jacking, welding, exterior grouting, casing chocks, end seals, equipment and all incidentals necessary to complete this item. The carrier pipe will be paid for separately under item 121. Item 129: (Insulation) Measurement shall be made on a lineal foot basis along the centerline of the pipeline being insulated. Payment at the contract unit price shall constitute full compensation for furnishing and installing the insulation board to the required dimensions as well as any required 2 MEASUREMENT AND PAYMENT additional excavation, furnishing and placement of sand bedding, backfill and compaction, all for all tools, equipment and incidentals necessary to complete this item. Item 1230: (Traffic control) This item shall be measured and paid for as per MPWSS Section 01570 Part 4, lump sum basis. Item 131: (Temporary water system) This item shall bemeasured on slump-sum basis. Payment shall be made at the contract lump-sum price bid for this item, and shall constitute full compensation for providing and installing the temporary water system, making all temporary connections, disinfection and testing of the temporary water system, protecting the temporary water system from damage at all vehicle crossing points, providing ADA approved pedestrian crossings of the temporary water system if necessary, for removal of the temporary water system and restoration of any pavement cuts, and for all materials, tools, equipment and incidentals necessary to complete this item. Progress payments are in proportion to total construction completed. Item 132: (Asphalt surface restoration) Measurement for asphalt surface restoration shall be by the actual number of linear feet of restoration satisfactorily accomplished, measured along the centerline of the water lines, and payment shall be made at the unit price bid for all labor, equipment, materials and incidentals necessary to furnish, install and compact the gravel base, and to furnish, install and compact the asphalt surface restoration as per the plans. Item 133: (Type 2 bedding) This item shall be measured and paid for as per MPWSS Section 022214.4, cubic yard basis. Item 134: (Quality Assurance Testing) This item shall be measured on a lump-sum basis. Payment shall be made at the contract lump-sum price bid for this item, and shall constitute full compensation for hiring an independent certified testing laboratory to perform all required testing, necessary retesting, documentation, report preparation and submittal; and for all materials, tools, equipment and incidentals necessary to complete this item. This item shall also include all necessary coordination and scheduling of testing activities which shall be the sole responsibility of the contractor. Progress payments are in proportion to total construction completed. Item 135: (Miscellaneous Work) The item Miscellaneous Work has been provided in the proposal for any work and/or materials which may be encountered during construction, but which is not addressed elsewhere in the contract. Miscellaneous work will be measured by the respective unit for material and/or work performed as directed in writing by the Engineer. Payment for Miscellaneous Work, measured as provided above, will be at agreed upon prices or on force account basis. The number of units in dollars set down in the contract is an estimated amount only, which maybe adjusted up or down by the Engineer in accordance with the needs of the project. 3 MEASUREMENT AND PAYMENT DIVISION 2 - SITEWORK SECTION 02602 PIPE BORING AND JACKING PART 1 GENERAL 1.1 WORK INCLUDED A. This item of work shall consist of furnishing all labor, materials, and equipment necessary to do all work and related items as shown on drawings, herein specified, or incidental to proper execution of the work to complete the boring and jacking at the required locations. 1.2 SUBMITTALS A. Submit for review complete working drawings showing details of the proposed method of construction and the sequence of operations to be performed during construction. Show the method of jacking and boring to be used and dewatering techniques that are proposed to be used. B. Complete information on Contractor's safety plan for personnel conducting the tunneling or jacking operations, shaft installation and appurtenance installation. The plan shall include provisions for lighting, ventilation, electrical safety and confined space entry. C. All Contractor submittals requiring structural design shall be signed by a professional civil or structural engineer registered in the State of Montana . D. Submit carrier pipe casing spacers, end seals, and pipe installation method. E. Submit information as may required for the exterior grouting of the casing pipe to the surrounding ground. Equipment, methods to be employed and check valve to be used. F. Submit a mix design for the exterior grout to be placed immediately after completion of the boring and jacking operations. The exterior grout shall be a cementation grout that will achieve 150 psi within 30 days. 1.3 QUALITY ASSURANCE ' A. Safety: The Contractor shall be responsible for the complete safety and protection of all individuals and any public or private properties associated with the boring and jacking operations required for this work. It shall be the Contractor's responsibility ' to see that the work is done in conformance with all applicable federal, state, DNRC, and local safety requirements. ' B. The Contractor shall give the Engineer a minimum of 4 working days advance notice of the start of an excavation or boring and jacking operation. ' 02602 - 1 J D. The Contractor shall be solely responsible for the structural integrity and safety associated with his means, methods, design and installation of the boring and jacking work. ' PART 2 PRODUCTS 2.1 CASING PIPE A. Casing pipe shall be steel as specified herein. Casing pipe diameters shall be properly sized to allow installation of the carrier pipe with minimum inside diameters as listed below: Carrier Pipe Steel Casing Pipe Nominal Diameter 8" DIP 16 inches DIVISION 2 - SITEWORK SECTION 02602 PIPE BORING AND JACKING C. All work shall be performed in the presence of the Engineer, unless the Engineer has granted prior approval to perform such work in its absence. 2.2 2.3 B. Steel Pipe. Steel casing pipe shall be smooth steel pipe, ASTM A53 Grade B, having a minimum yield strength of 35,000 PSI with a minimum wall thickness of 0.375 inches. Ends shall be beveled for field butt welding, and joints shall be welded around the entire circumference and ground smooth. CARRIER PIPE The carrier pipe for the water main pipe for the Bozeman Creek crossing shall be 8 inch ductile iron, as specified on the plans. CASING CHOCKS ' Casing chocks shall be installed on all carrier pipes. Casing chocks shall be of sufficient depth to prevent the bell end of the pipe from coming in contact with the casing pipe. Chock depth shall exceed the outermost edge of the pipe bell by a minimum of 3/4-inch. Casing ' chocks shall be composite stainless steel/ polyethylene casing chocks as specified herein. Metal components of casing chocks shall be Type 304 (18-8) stainless steel. The liner shall be neoprene rubber or PVC, and the runners shall be UHMW polyethylene with a low ' friction factor. Casing chocks shall be designed for center restraint. Casing chocks shall be Power Seal Mode14810, APS (Advance Products and Systems), or approved equal. ' 02602 - 2 DIVISION 2 - SITEWORK SECTION 02602 PIPE BORING AND JACKING 2.4 EXTERIOR GROUT. See 1.02.F. 2.5 GROUT CONNECTIONS. The Contractor shall provide Grout/Lubrication ports within the pipe wall with no fewer than 1 hole per 25 feet of pipe located at the inside top edge of the pipe. Grout/lubrication ports to be 1 '/2" to 2" with check valves installed. Grout connectionstobe plugged prior to installation of the carrier pipe. 2.6 END SEALS End seals shall be rubber/elastomeric body with stainless steel bands. End seals shall be compatible with the casing and carrier pipe. End seals allowed for consideration shall be manufactured by Cascade Waterworks, Mfg., or Power Seal Pipeline Products Corporation, or approved equal. ' PART 3 EXECUTION 3.1 GENERAL INSTALLATION PROCEDURES A. Jacking pit: The excavations for the boring or j acking operations shall be adequately shored and dewatered to safeguard personnel, existing substructures, and surface improvements and to ensure against ground movement in the vicinity of the jack supports. B. Control of alignment and grade: The Contractor shall control the application of the jacking pressure and excavation of materials as the casing advances to prevent the casing from becoming earthbound or deviating from the required line and grade. The Contractor shall restrict the excavation of the materials to the least clearance necessary to prevent binding in order to avoid loss of ground and consequent settlement or possible damage to overlying structures. Allowable deviations in horizontal and vertical alignments shall be no greater than 0.2 feet per 100 feet in any direction over the length of the jacking or boring. The terminating end of the boring shall be within 0.1 feet of the design as shown. Laser control shall be used for both horizontal and vertical alignment. C. Exterior grouting: Immediately after completion of the boring or j acking operations, the Contractor shall inject grout through the grout connections in such a manner as to 02602 - 3 t SECTION 02602 DIVISION 2 - SITEWORK PIPE BORING AND JACHING completely fill all voids outside the casing pipe resulting from the boring or jacking operations. Grout pressure shall be controlled so as to avoid deformation of the steel casing and avoid movement of the surrounding ground. Equipment used for grouting the exterior of the casing shall be equipped with a pressure gage to indicate the grout pressure. The gage shall be certified by an approved testing laboratory at the onset of the grouting operations. After completion of the grouting operations, the Contractor shall close the grout connections with steel threaded plugs D. Installation 1. The installation of the casing shall be in accordance with the Contract Documents and subject to the approval of the agency having jurisdiction over the area containing the boring or jacking operations. 2. The Contractor shall remove or penetrate all obstructions encountered. Dewatering shall be performed as necessary to prevent loss of ground, sloughing, subsidence, or liquefaction. 3. Any pipe damaged during the jacking operation shall be repaired by the Contractor in a manner acceptable to the Engineer at no expense to the Owner. 4. Should a deviation in grade of the pipe occur due to the jacking (or boring) operation, no additional payment will be made for the resultant change in depth of upstream or downstream piping. 5. Special care shall be taken during the installation of the jacked or bored pipe to ensure that no settlement or caving be caused around the pipe or to the ground surface above. Any such caving caused by the placement of the pipe shall be the Contractor's responsibility. The Contractor shall repair any structure so affected as directed by the Engineer, at the expense of the Contractor. E. Casing Pipe: Casing pipe shall be so constructed as to prevent leakage from the casing throughout its entire length. Casing pipe shall be installed to prevent the formation of a waterway along its length. Casing shall have an even bearing on the surrounding soil throughout and shall be sloped. F. Stream Crossings: Install the casing as per the depths provided on the plans. G. Install the casing by jacking it through the earth, while excavating by boring or 02602 - 4 SECTION 02602 DIVISION 2 - SITEWORK PIPE BORING AND JACKING ' mining methods, to the lines and grades shown on the drawings, or as staked by the Engineer. No open excavation will be permitted where jacking or boring is specified ' and shown on the plans. H. Install casing and carrier pipe by bore and jack methods between bore and jack t limits. Casing and carrier pipe outside of bore and jack limits may be installed by open cut methods Provide adequate equipment so as to insure a smooth, continuous and uniform operation leaving no exterior voids along the casing pipe. J. As pipe is jacked forward, excavate and remove soil through the pipe. Do not allow excavation to precede jacking operation. K. After each section of casing pipe has been jacked to the limits, the following section shall be connected to the preceding by a full penetration butt weld around the entire circumference of the joint. The quality around the weld for steel casing pipe shall conform to AWWA Standard C206, and shall develop full strength ofthe pipe wall. L. The Contractor may elect to provide a casing pipe larger than that shown on the plans to facilitate his excavation. However, the thickness of the casing actually used must meet the approval of the Engineer. No additional payment shall be made for any increase in the size of the casing pipe. 3.2 PIPE SKIDS Casing Chocks. Casing chocks shall be installed in accordance with the manufacturer's recommendations. Chock spacing shall be as detailed on the plans. Filling of the annulus is not required if casing chocks are installed. 3.3 END SEALS Install end seals on each end of the casing pipe per manufacturer's recommendations. END OF SECTION 02602 02602 - 5 APPENDIX A STANDARD DRAWINGS J. __, 5` e o 0 5' m 2~ ~. . ~~ (- TEMPORARY ACCESS RAMP ADEQUATELY SUPPORTED FENCING SIDEWALK CLOSED FENCING SIDEWALK CLOSED R9-9 MUST MAINTAIN 4' CLEAR AREA BETWEEN FENCING. WALKWAY MUST BE SMOOTH AND KEPT CLEAR OF OBSTRUCTIONS APPROPRIATE TRAFFIC CONTROL PLAN MUST BE USED FOR LANE CLOSURES r~~ ~, i~' ' 4:'; ~,^ ' . _ ~~ ~ ; { ~~: ~: j// -1___ _~ CITY OF BOZEMAN STANDARD DRAWING FENCING AS SHOWN MAY USED FOR SHORT TERM (LESS THAN 30 DAYS) INSTALLATION. MORE PERMANENT STRUCTURES WILL BE REQUIRED FOR LONGER TERM. A COVERWALK MAY BE REQUIRED FOR OVERHEAD OPERATIONS (IF HEIGHT MINUS 10' EXCEEDS DISTANCE FROM WALK WAY TO WORK AREA) SCALE: SIDEWALK CLOSURE NONE WITH DETOUR N0. 0157-8 FEB 2007 SIGN ® WORK SITE TRAFFIC DRUMS OR CONE CITY OF BOZEMAN STANDARD DRAWING R9-11(L) SIDEWALK CLOSED AHEAD CROSS HERE 30"X24" SIDEWALK CLOSED 24"X18" SIGNS ARE TO BE PLACED AT THE NEAREST LEGAL CROSSING TO THE WORK AREA. MAY ONLY BE USED IF A PARALLEL /SIDEWALK EXISTS ON THE OTHER SIDE OF THE ROADWAY. SIDEWALK CLOSED 24"X18" R9-11(R)' SIDEWALK CLOSED AHEAD CROSS HERE 30"X24" SCALE: I PEDESTRIAN TRAFFIC NONE CONTROL FOR TEMPORARY SIDEWALK CLOSUR N0. 01570-7 FEB 2007 6' COMP/ NOTES: 1. Adjust water valves upward or downward as required. Fnal adjustment shall be made after paving and before seal coating. 2. Model No. 69 8550 series, East Jordon Iron works adjustable screw-type risers may be used to raise or adjust existing valve boxes only. 3. Valve box adjustment shown is designated as Type II water valve adjustment. Type I water valve adjustment is similar except with o concrete collar. CITY OF BOZEMAN SCALE: WATER VALVE ADJUSTMENT N0. 02213-2 STANDARD DRAWING NONE DETAIL Feb. 2004 NOTE: WHERE TRENCH PASSES THROUGH EXISTING PAVEMENT THE PAVEMENT SHALL BE CUT ALONG A NEAT VERTICAL LINE A MINIMUM OF t2" (30cm) FROM THE EDGE OF THE TRENCH OPENING. WHERE NEAT LINE IS LESS THAN 3' (0.9m) FROM EDGE OF EXISTING PAVEMENT OR CURB AND GUTTER SECTION, REMOVE AND REPLACE ENTIRE PAVEMENT SECTION BETWEEN TRENCH AND EDGE OF PAVEMENT. EXISTING STREET SURFACE ~12"(30 cm) MIN. BACKSLOPE AS SPECIFIED TO CONFORM TO O.S.H.A. REGULATIONS" TYPE "A","B", OR "C° TRENCH BACKFILL VERTICAL TRENCH WALLS WITH SHORING TO CONFORM TO O. S.H.A. REGULATIONS' INSTALL DETECTABLE WARNING TAPE 18"(45cm) MAX. DEPTH (OPTIONAL) 6"(15cm ) SUBGRADE OR GROUND SURFACE SLOPING, BENCHING OR SUPPORT SYSTEMS IN THIS AREA TO CONFORM TO O.S.H. A. REGULATIONS' ~ ~/ ~~ i I ~ SELECT TYPE I BEDDING ~~ \ , / \// ~ MATERIAL PLACED ) LAYERS & IN 6"(15 ~ ~ , cm TYPE I PIPE BEDDING " ~// /j~ COMPACTED AS SPECIFIED PLACED IN 6"(15cm) MAX . " ~// /j IN SECTION 02221, LAYERS AND COMPACTED (tOcm) 4 \// // THOROUGHLY. / ~/ / \/ ~/ ~~ `~j TRENCH 1NDTH=O.D. OF PIPE PLUS 2'(60cm) \// //\ IP DDING B i %/ ,--- MIN. TRENCH WIDTH= 3.5'(1.1m) \// /~\ \\~ TYPE 2 P E E \/~ / \ \ // \ \ / \\ \ ~ \/~ // \j~\\// \~~ WHERE RE DU I R ED FOR \ //\ / \ / //\ // \ //% // \ \ \ \// \\/ ~ ~ SOFT OR UNSTABLE ~/ \~\\~~ `~~\~~ FOUNDATION NOTE: SEE CONTRACT SPECIAL PROVISIONS FOR ANY MODIFICATIONS TO STANDARD TRENCH MATERIALS _ AND/OR OTHER TRENCH DESIGN FEATURES SEE O. S.H.A. CONSTRUCTION STANDARDS FOR EXCAVATIONS. REVISED: 10/25/02 CITY OF BILLINGS SCALE: STANDARD DRAWING STANDARD SPECIFICATIONS NONE TYPICAL UTILITY TRENCH DETAILS N0..0222~-1 It is recognized that native materials which may be used for pipe bedding vary widely from area to area. Therefore, the following is offered as an alternate to the TYPE 1 pipe bedding specification in Section 02221: TRENCH EXCAVATION AND BACKFILL FOR PIPE- LINES AND APPURTENANT STRUCTURES. This alternate shall be used only if called for in the Special Provisions. It must be emphasized that no specification should be used without the engineer's evaluation of the particular situation. TYPE 1 PIPE BEDDING Type 1 pipe bedding, imported or naturally occurring on site, shall be gravel, gravel-sand mixture, or sand. The material shall be well graded and shall conform to the requirements for soil type GW (gra- vel, well graded) or SW (sand, well graded) of the Uni- fied Soil Classification System (USCS) as delineated in ASTM 172487 except, at the discretion or' the engineer, the material may contain up to a maximum of 12 percent passing the 200 sieve provided the plasticity index of the material is 6 or less. The maximum size gravel shall be 3/4-inch. The coefficient of uniformity for gravel shall be 4 or greater and a coefficient of curvature between 1 and 3. Sand shall have a coefficient of uniformity of 6 or greater and a coefficient of curvature between 1 and 3. Type 1 bed- ding shall consist of a minimum of 4 inches(10 cm), or 1/8 the outside diameter of pipe, whichever is greater, bedding material under the pipe; and the bedding material around and over the pipe to a point a minimum 6 inches (15cm) above the top of the pipe un]ess specified otherwise in 'the Special Provisions. The coefficient of uniformity is defined as the ratio of grain size diameter at 607 passing to the grain size diameter at 107 passing expressed as: Dso Cu = Dio The coefficient of curvature is defined as the position of the square of the grain size diameter at 307 passing to the product of the grain size diameter at 107 passing times the grain size diameter at 609' passing expressed as: z ~ Dso ) Cc = Dso x Deo Where the naturally occurring material contains voids which would allow migration, sand bedding material shall not be used. Bedding material under and around the pipe to 6 inches (15cm) above the top of the pipe shall be placed by hand or other careful manner so as not to disturb the pipe, in maximum layers of 6 inches (15cm) and compacted to a minimum of 857 Standard Proctor ASTM D69B R, AASHTO T-99. Special care shall be taken to assure complete compaction under the haunches of the pipe. Backfill material shall be placed in the trench for its full width on each side simultaneously. Water settling of this portion of the trench will not be allowed. The addition of water shall be limited to that required for optimum moisiure for maximum compaction of the .material. REVISED. 12/27!95 MONTANA PUBLIC WORKS SCALE: STANDARD DRAWING ' PIPE EEDDING ALTERNATE N0.02C,D1_2 STANDARD SPECIFICATIONS NONE 5.4" (0.45') -24" 2" 4•~ TOPSOIL a 13"R .5" (NP.) ~ 4„R I d . _-~ ~/4' TO PER 1' SLOPE ~ \ ~ a . .. 12" \/~ ~ . a n a .. Q . \~~ a a c c a oQ v 6,. /~j a a . 7.5., j~ da ~4. ° v a ~~~ O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CRUSHED GRAVEL O O O O O O O O O O O O O O O BASE - 3" MIN. 0000000000000000000000000000000 O_O..O..O~O~O~O~O„O„O„O~O,_,O~O,~O,~O SUB-BASE COURSE AS REQUIRED 1 5' ' 15 X3/4" PER 1' SLOPE 6" 9.5'--I DROP CURB FOR DRIVEWAYS 9' COMPACTED SUBGRADE 3/4' ~_3 4' PER 1' SLOPE 9.5~ DROP CURB FOR PEDESTRIAN RAMPS 1 2" PER 1' SLOPE . SPILL CURB NOTES: 1. Subgrade or base course compaction shall conform to section 02230 (M.P.W. Specs., 1996 ed.) 2. Contraction joints shall be placed at 10' intervals and shall hove a minimum depth of 3/4" and minimum width of 1/8". 3. 1/2" expansion joint material shall be .placed at oll P.C.s, P.T.s, curb returns and at not more thon 300' intervals. The exponsion mdterial shall extend through the full depth of the curb and gutter. 4. No curb and gutter shall be placed without a final form inspection by the City Engineer or his representative. 5. Concrete shall be Class M-4000. 6. Crushed grovel base shall meet the requirements of Section 02235 (MPW SPECS, 2003 ed.) For curb and gutter replacement projects, washed rock may be used for the grovel base. CITY OF BOZEMAN SCALE: INTEGRAL CONCRETE N0. 02528-1 STANDARD DRAWING NONE CURB & GUTTER Revised Mar. 2006 UNDISTURBED EARTH NO TE5 THESE TABLES ARE BASED DN 150 PSIC1030 kpp) MAIN PRESSURE 2000 PSEC98D0 kg/n2) $DIL BEARING PRESSURE MONTANA PUBLIC WORKS SCALE: 1 TF STANDARD SPECIFICATIONS NONE I FOR ~ 2. VRAP ALL FITTINGS 1/ITH POL YETHYLENE. RENSED: 12/27/95 ;T BLOCKING S7ANOARD DRANANG R MAIN FITTINGS N0. 02660-1 REDUCER STANDARD DIMENSIONS FOR THRUST BLOCKING FITTING TEES do PLUGS 90° RENO 45°BEND & WYES REDUCERS & 22 1 /2°BEND SIZES A B A B A B A B 4' !'-7' 1'-2' 1'-9' 1'-6' 1'-8' 0'-10' 1'-7' 0'-6' 6' 2'-0' 1'-11' 2'-5' 2'-2' ]'-10' 1'-7' 1'-9' 0'-10' 8' 2'-8' ~ 2'-6' 3'-2' 3'-0' 2'-5' 2'-1' 1'-9' ]'-6' ]0' 3'-4' 3'-3' ~ 4'-0' 3'-10' 3'-0' 2'-9' 2'-2' 1'-71' 12' 4'-D' 3'-10' 4'-B' 4'-B' 3'-8' 3'-3' 2'-7' 2'-3' 14' S'-5' 3'-10' 6'-6' 4'-11' 4'-9' 3'-5' 3'-5' 2'-5' METRIC DIMENSIONS FOR THRUST BLOCKING FITTNG TEES d PLUGS 90°BEND 45°BEND dr WYES REDUCERS & 2? 1/2°BEND SIZfS A B A B A B A B IOcn O.Sn 0.4n O.Sn 0.5n O.Sn 0.3n O.Sn 0.2n IScn O.bn O.bn 0.7n 0.7n 0.6n 0.5n O.Sn 0.3n 20tH 0.8n 0.8n 1.On D.9n 0.7n 0.6n D.Sn O.Sn 25tH I.On ].Dn 1.2n 1.2n 0.9n 0.8n 0.7n O.bn 30tH i.2n 1.2n 7.4n i.4n I l.ln 1.On D.Bn 0.7n 36tH 1.6n 1.2n 2.On 1.5n ].4n I.On 1.On 0.7n TEE TEE CPlUgged) BEND ND VERTICAL REQUIREMENT SEWER 10' Can) PARALLEL ARRANGEMENT 1 IB' M1N.O O i ~.~w ~i~` C0.5n> EXISTING PIPE CRpSSINGS O 5 ATER MAIN L (4~ L/2 EX1ST]NG PIPE .+ IB" ~MIN~ I CD.Sn> O ANEW PIPE NOTES 1~ SPECIFIC MONTANA DEPART. OF HEALTH AND ENVIRDMENTAL SCIENCES APPROVAL IS REQUIRED FDR A DISTANCE LESS THAN 1D FEETC3n> BETWEEN WATER MAIN AND GRAVITY $EWER. ~2 ND EXCEPTION TD THE M1 N. SEPARATION REQUIREMENT IS PERMITTED WHEN THE SEWAGE CARRY]NG PIPE IS A FORCE MAIN. AT CROSSINGS, DNE FULL LENGTH pF WATER MAIN PIPE SHALL BE LOCATED SD THAT BOTH JOINTS W1LL BE AS FAR FROM THE FORCE MAIN AS POSSIBLE. 03 LESS THAN IB INCHESCD.Sn) OF SEPARATION IS PERMITTED WHEN THE GRAVITY SEWER AT THE CR^SSING IS MADE FROM A SINGLE 20 FOOTC6.ln> LENGTH OF AW WA PRESSURE PIPE AND THE CROSSING ANGLE IS APPROXIMATELY 90 DEGREES. SPECIFIC MONTANA DEPART. DF HEALTH AND ENVIRDMENTAL SCIENCES APPROVAL IS REQUIRED FOR A VERTICAL SEPARATION ^F LESS THAN 18 INCHESC0.5n) BETWEEN WATER MAIN AND SANITARY $EWER ® "L" IS A STANDARD LENGTH OF PIPE AS SUPPLIED BY A PIPE MANUFACTURER. ~5 ADEQUATE STRUCTURAL SUPPORT FDR PIPES AT CROSSINGS SHALL BE PROVIDED. REVISED: 12/27/95 MONTANA PUBLIC WORKS scALE: WATER AND SEWER MAIN STANDARD DRANANG STANDARD SPECIFICATIONS NONE SEPARATION N0. 02660-2 REBAR At` CONCRETE ANCHORS NOTE: COAT RODS WITH "KOPPERS" BITUMASTIC N0. 50 COATING OR EQUAL. THRUST BLOCK DIMENSIONS "^°n~' venK 100 PSI 150 PSI 200 PSI 250 PSI 300 PSl ~~ size A B C A B C A B C A B C A B C 1 2'-D' 2'-0 2'-D' 2'-D' 2'-D' 2'-D' 2'-D' 2'-D' 2'-D' 2'-0 2'-D" 2'-0 2'-D' 2'-D' 2'-7' ~ 2 1 O" 2'-D' 2'-0 2'-D' 2'-6 2'-6 2'-D' 2'-9' 2'-6' 2'-6' 3'-0 3'-D' 3'-0 3'-7 3'-0 3'-D' 1 2 2'-3' 2'-0 2'-0' 3'-0 3'-0 2'-8' 3'-5' 3'-D' 3'-0' 4'-3 3'-D' 3'-0 5'-7 3'-0 3'-0' ~ 1 4" 2'-3' 2'-D 2'-D' 3'-5 3'-0 3'-D' 4'-6' 3'-D' 3'-D' 4'-0 4'-0' 4'-0 4'-9 4'-0 4'-0"' ~ $ ~ 6' 3'-D' 3'-0 3'-D' 4'-4 3'-0 3'-D" 4'-1' 4'-D' 4'-D' S'-1 4'-D' 4'-0 6'-1 4'-0 4'-D'. 1 4 1 $" 3'-6' 3'-0 3'-D' S'-5 3'-0 3'-0 5'-1' 4'-D' 4'-D' 6'-4 4'-D' 4'-0 5'-9 5'-0 5'-D' 3 $ ' 24" 4'-4' 4'-0 4'-D' 6'-5 4'-0 4'-0 6'-6' S'-D' S'-D' 6'-5 6'-D' 6'-0 7'-8 6'-0 6'-D' NOTE: Pressures shown above are maximum working pressures in system. THRUST BLOCKING AND ANCHORS ARE REQUIRED ON ALL 6" VALVES AND LARGER UNLESS SPECIFIED BY THE ENGINEER MEGA-LUG OR APPROVED EQUAL JOINT RESTRAINTS MAY BE USED IN LIEU OF CONCRETE THRUST BLOCKS. THRUST BLOCKS NOT REQUIRED ON TAPPING VALVES TANDARDBDRAWINGI NONE I TWATER MAOINKVALVE~R I DEC ~ 0030-3 INSTALL PLUMB WITH PUMPER NOZZLE FACING STREET ELEVATIONS AS SHOWN ON PLANS OR 0.2' ABOVE TOP OF CURB GRADE GROUND LINE --~ UNDISTURBED EARTH \\~\~\ \~\ n , e e. Qa....::w::lVti *CONCRETE %~~\~ \\` \\~ . c ~ e a THRUST , \~ ~i-\ e a BLOCK , ~~ 8'- 0" MAX. O ADJUSTABLE SCREW TYPE VALVE BOX WITH LID 3'- 0" MIN. TO BACK OF CURB NEW HYDRANT, ~- MUELLER SUPER CENTURION 250 MIN. 4'- 0" CLEAR ALL AROUND (TREES, HEDGES, BUSHES, ETC.) MIN. 6.5' COVER TO MAIN LINE JOINT AS REQUIRED FOR PIPE SPECIFIED ~ NEW 6" AUXILIARY GATE VALVE MIN. 1 /2 CUBIC YARD WASHED GRAVEL FLANGE JOINT *MEGA-LUG OR APPROVED EQUAL JOINT RESTRAINTS MAY BE USED IN LIEU OF CONCRETE THRUST BLOCK CITY OF BOZEMAN SCALE: NO. 02660-4 STANDARD DRAWING NONE FIRE HYDRANT DEC 2003 STEEL POST MARKER PROPERTY PAINTED BLUE LINE OR EASEMENT LINE /I 5 1/2 'BOULEVARD cTYP.) STREET SURFACE 1 1.5' (TYP. ) SEE DETAIL BELOW TAP BY CONTRACTOR 1 ' -+-I 1 4' GROUND SURFACE ~ yi CURB BOX' PROVIDE 5' STATIONARY ROD IN ALL CURB BOXES ~ 6 1 /2' MIN. COVER s' (TYPICAL EXCEPT IN SPECIAL CIRCUMSTANCES WHERE CITY HAS APPROVED ALTERNATE LOCATION) CURB STOP ~ WATER MAIN '~ NO COUPLINGS OR OTHER JOINTS ALLOWED ON SERVICE PIPE FROM BASE MATERIAL CORP. STOP TO CURB STOP FOR 3/4" AND 1" SERVICES. STRAIGHT COPPER PIPE SHALL BE USED FOR 1 1 /2" AND 2" SERVICES `1 , i ~. ,/, .,. . ~,~~~ ~ _ ". . t _ GENERAL NOTES: ' ""' 1. WATER SERVICE LINES SHALL HAVE A MINIMUM 6 1/2 FOOT COVER MEASURED FROM THE EXISTING GROUND SURFACE, EXCEPT THAT COVER SHALL BE MEASURED FROM CENTER UNE STREET GRADE WHEN SERVICE UNES ARE LAID TO A STREET SIDE WHICH HAS AN UPHILL SLOPE. WATER SERVICE UNES SHALL HAVE A MAXIMUM 7 1/2 F00T COVER AT CURB STOP. 2. WATER SERVICE LINES SHALL BE INSTALLED WHERE SHOWN ON THE DRAWINGS OR AS SPECIFlED. 3. BEDDING SHALL 8E 1" DtA. MAXIMUM WITHIN 6" OF SERVICE PIPE. 4. INSTALL CURB STOP SO THAT OPERATING KEY lS PARALLEL TO STREET IN OFF-POSRION. 2.5' DE7AlL OF A SELECT MATERIAL BACKFILL AREA PROPERLY CORPORATION STOP (SEE SPECIFICATIONS) INSTALLED ~ ~ ~ ~ ~ / ; ; CORPORATION ~ ~ ' ' ! ~ % " %' ' ' STOP. ~ .; ~ ; /~ ; , ~; ~/ ~ ~ , ~ i., ~ / ,ice„ / , , TAP MAIN AT ~ ~ i ~,'~ • i , ' ~ ,F~ ; i ~ ~~! ~~ %,; ' /~ ' ~ 3/4" DIA. MIN. SPR/NGL/NE. .` ~ / ~ ~~ , , ; ~ j;/ ,j ~.;% j;' ~ j % T~~ /~ ; ,jj ~ /j ,,,'j /; ' ;' ~ ~ SERVICE PIPE i'~ ~ ~ ft , i ~ 3 / f-, i ~j ~ ,. ~. 5 ~ 1 4 ~ ,,. ~ ~-- ~~ .J' /' ~~~,~~-°`S ~ ~~~'~ -~ 1 ' / t~--TRENCH BOTTOM -- --. 6" MIN. CITY OF BOZEMAN SCALE: WATER SERVICE LINE N0. 02660-6 STANDARD DRAWING NONE DEC 2003 5' SIDEWALK (TYP. ) UNDISTURBED EARTH (TYP.) CONCRETE THRUST BLOCK (TYP.) MJ GLAND D.I. PIPE VALVE MJ GLAND MJ TEE D.I. PIPE MJ VALVE MJ GLAND CITY OF BOZEMAN STANDARD DRAWING D.I. PIPE MJ GLAND D.I. D.I. PIPE 0 PIPE 3/4" MIN. CORROSION RESISTANT ALL THREAD RESTRAINING ROD, CONFORMING TO ASTM A242-81, INSTALLED IN HALF THE AVAILABLE MECHANICAL JOINT BOLT HOLES (TYP.) WHERE NECESSARY, CLAMPING LUGS (ROMAC "DUCTILE LUG" OR EQUAL) DESIGNED TO FIT DUCTILE IRON (D.I.) PIPE, AND CONFORMING TO ASTM 536-80 MAY BE USED IN CONJUNCTION WITH THE RESTRAINING RODS. SCALE: I TYPICAL VALVE/TEE INO. 02660-10 NONE RESTRAINT DEC 2003 a_ OM w ~ tD ~ ~ ~ :': \//\\ a o w N w J~ ~. r\~\\/ vc~0 d OW fw Y ~ / ~ ~ Z O Y O ~ mm ~~\\\/~ oz ~ Z ..c :; \\~~ = a ~ E /~~ w z° Q Z ' \~ z 3 ~- N ' O ~ (n ~ ~ ,, \ /\~\ U w ~ C~ Q \/\i w ~' Z w ~~w //~/\ zv Q F- ~. J I- " o " = a X U g ; o. ~ N W W O ~~ Q a° o°. ° v, o Z ~ ~ " y. ~ i~\ s ~ Q ~ ~ ~~ /\\//\\/ %~~\ ' ~~ ~i~/~~i w w ,.. ~ j/\\i//\\/~~ ~ z w °~ ~ a\\/~\/ C.7 z m ~ °. ~ z J ~ m ° Q Q < W _ ~ J w w ~ o /\\\//\///\/ N ~m N (x ~"'g . o O Q ~,=Q ;. ~ z ~_~ a' oa ^ ~I E~ Z /~ '` ~ \j/~ Z ~ Q w Z '.:, //, COQ pw ~ (n ~ •=/~ ~o mm z~Y / ~ ~o ~ Q U '~ ~ Z ..j a? ~~ ~ W ~ m z gym,-. ~° Q Z c~I» =a w_m~ w 2' MIN., 3' MAX CLEARANCE cwTED sTT>:L ABOVE FINISHED FLOOR wALL PuTE, 5/16' MIN. THICKNESS NO PRESSURE GAUGES OR PRESSURE GMJGE FITTINGS WILL BE ALLOWED ON THE TEST PORTS OF ANY BACKFLOW PREVENTION ASSEMBLY. 4" OR LARGER CLASS 51 DUCTILE IRON PIPE (TYP.) d MECHANICAL JOINT MAIN, THRUST {~\ _ I TAPPING TEE & VALVE, -~ OR INSTALL VALVE AT PROPERTY LINE (TYPICAL FOR ALL RISER CONFIGURATIONS) PROVIDE FLEXIBLE, WATER-TIGHT CONNECTION FOR ALL WALL OR FLOOR PIPE PENETRATION. I' MIN., 2~ MAx. ABOVE FlNISHED FLOOR FLOOR •~ MECHANICAL JOINT 90' BEND WITH .; y THRUST BLOCK -1' MIN., 2' MAX. METER SIZED SAME AS INCOMING LINE - NO EXCEPTIONS. BACKFLOW PREVENTKkI ASSEMBLY MUSE CONNECT ON2ECTLY 70 METER/ FLANGE TO BE THREADED ON STANDPIPE, STRAINER. REQUIRED BACKFLDW PREVENTION M.J. TO FIANCE ADAPTORS NOT ACCEPTABLE DEVICE TO BE DEIERNINED BY ALL RISER CONFIGURATKN15) WATER SUPERINTENDENT. t' MIN., 2' MAx. ABOVE FlNISHED FLOOR -FLOOR f` 3/4" MIN. RWi Rod, INSTALLED IN EVERY OTHER AVNLABLE MJ. 80LT HOLES (TYPICAL) - 6/e' RODS ACCEPTABLE FOR 4' ONES 90' BEND WITH THRUST BLOCK LEGEND -$ FLANGED OS&Y VALVE CfTY OF BOZEMAN REQUIREMENTS FOR INSTALLATION OF BACKFLOW PREVENTION ASSEMBLY 1. The FIRST fitting inside of the building shall be a UL listed flanged Kennedy or Mueller OS&Y valve the same size as the service line. Combination strainer/meter immediately following OS&Y valve or elbow attached directly to OSdeY valve -- meter must set horizontal. 2. All Bockflow Prevention Assemblies shall be: a. UL or FM listed. b. Approved by the University of Southern Colifornia Foundation for Cross Connection Control and Hydraulic Research (USCFCCCHR) for operation in the proposed position (vertical or horizontal) as shown on approved plans. c. Installed as shown on the approved pions. 3. Horizontal installations must be a minimum of 2' above the finished floor. 4. The service riser must be a minimum of 2' from any outside wall. 5. The incoming service line shall be a minimum 6.5', and o max- imum of 7.5' below the finished grade. 6. All service line appurtenonces shall have o minimum pressure rating of 175 PSI. 7. All service lines 4" and larger shall be Class 51 Ductile Iron Pipe. B. Line sizing: The Bockflow Prevention Assembly and meter shall be equal in size to both the incoming pipe diameter (upstream) and outgoing pike diameter (downstream). for exomple, a 4" service line shall have a 4 meter and Bockflow Prevention Assembly. CITY OF BOZEMAN I SCALE: I WATER SERVICE LINE I N0. 02660-12 STANDARD DRAWING NONE FOR SIZES 4" AND LARGER DEC 2003 R NEAREST FOUNDATION WALL TO CURB STOP CURB STOP AND BOX SEE DETAILS A do B BELOW WATER MAIN 6.5' MIN. COVER WATER SERVICE LINE STUB (SEE C.O.B. STANDARD WATER SERVICE UNE ---I DRAWING 02660-6) INSTALLED BY CUSTOMER (SERVICE APPLICATION do PLUMBING PERMIT REQUIRED) NOTE: METER SIZED SAME AS INCOMING UNE-NO EXCEPTIONS. FOUNDATION BACKFLOW PREVENTION ASSEMBLY /2' MAX 1'MIN . WALL (AS REQUIRED) SERVICE LINE ~ ANGLE STOP BACKFLOW PREVENTION ' ' MI ./2 l ~ 1 MAX METER• ASSEMBLY (AS REQUIRED) TO DOMESTIC ~ I FlXTLRES FOUNDATION TO DOMESTIC M ~ ~ WALL \ ~ FlXTURES DOWNSTREAM SHUTOFF '• DOWNSTREAM SHUTOFF •• 1' MIN., 2' MAX METER• i' MIN. FLOOR ANGLE STOP OR • STRAIGHT STOP ,; "METER SAME SIZE AS INCOMING LINE-NO EXCEPTIONS, MEtER MUST CONNECT DIRECTLY TO ANGLE OR STRAIGHT STOP AND QUARTER-BEND COUPLING BACKFLOW DEVICE (1 t/2" ec 2" SERVICES ONLY) '*DOWNSTREAM SHUT OFF VALVE MUST DETAI B BE SEPARATE FROM BACKFLOW DEVICE TYPICAL FLOOR PENETRATION (N.T.S.) ~EfAIL A (CRAWL SPACE) TYPICAL WALL PENETRATION (N.T.S.) 1. WATER SERVICE UNE INSTALLATIONS SHALL CONFORM TO THE REQUIREMENTS OF THE CITY OF BOZEMAN WATER SUPERINTENDANT. 2. SERVICE LINES SHALL BE TYPE K COPPER FOR 3/4", 1", 1 1/2', AND 2' SERVICES. SEE STANDARD DRAWING NO. 02660-12 FOR 4' AND LARGER DOMESTIC SERVICE UNES. SERVICE UNES BETWEEN 2" AND 4" ARE NOT ALLOWED. 3. STRAIGHT COPPER TUBING SHALL BE USED FOR 1 1 /2" AND 2' SERVICES. 4. SERVICE LINES SHALL. BE BEDDED 3' UNDER AND OVER THE PIPE WITH SAND. NATNE MATERIAL MAY BE USED AS BEDDING IF Tf CONFORMS TO THE REQUIREMENTS OF MONTANA PUBLIC WORKS STANDARD DRAWING 02221-2 AND DOES NOT CONTAIN ANY MATERIAL LARGER THAN 3/4`. 5. PROVIDE FLEXIBLE, WATER TIGHT CONNECTION FOR ALL WALL OR FLOOR PIPE PENETRATIONS. 6. METERS SHALL BE INSTAL.IFD BY THE CITY WATER DEPARTMENT AT CUSTOMERS' EXPENSE. 7. NO SERVICE UNE SHALL BE BACKFlLLED UNTIL R HAS BEEN INSPECTED AND APPROVED Bl' THE WATER DEPARTMENT. 8. CONTACT CITY OF BOZEMAN WATER DEPARTMENT FOR APPROVED LIST OF COPPER CONNECTIONS. 9. WATER SERVICE UNE MAY BE REDUCED TO A SMALLER SIZE THAN THE WATER SERVICE STUB. REDUCTION MUST BE ' MADF WITHIN 18 OF CURB STOP. 10. METER, BACKFLOW PROTECTION, AND INCOMING SERVICE UNE MUST ALL BE THE SAME SIZE. WATER SERVICE LINE CITY OF BOZEMAN SCALE: N0. 02660-15 FROM CURB STOP TO BUILDING 2003 Dec STANDARD DRAWING NONE . (LINES 2" AND SMALLER) Rev. A ril 2006