HomeMy WebLinkAboutDepot Park Construction Contract DocumentsIL
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C"ONTRACT DOCLIMENTS, SPE(lFICATIONS
AND CONSTRUCTION STANDARDS
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I. Bidding Reguirements, Contract Forms and Conditions of the Contract No. of Pages
Invitation to Bid..... ............... .......
2
Instructions to Bidders..,.... -- ..........
1
Bid Form ....... ................ ...........
7
Bid Bond...... ................... ..............
1
Agreement Form.,..... - . � ........................ .......................
5
Montana Prevailing Wage Rates For Heavy Construction 2010.. .............. ......
10
Montana Prevailing Wage Rates For Highway Construction 201 0....
8
Payment Bond. ......... ...............
2
Performance Bond ....... ..........................
2
Monthly Report Form (example).. . ......
2
Project Closeout Report (example) ....... ........ .............
4
Notice of Award .............
1
Notice to Proceed ......... .....................
1
Change Order..... ........ ......... .......................
1
Field Order.......
1
Application for Payment.. . ........ ....... ...... ..........
1
Work Change Directive ....... ..................................... ........... --..
1
Certificate of Substantial Completion ... ......... ..........
1
Standard General Conditions of the Construction Project..
41
Supplemental Conditions.....- . ............. ........ ....... ...
12
11. Technical Specifications
(indexed Separately)
Ill. Plans
Design Plans ............ ..... .......... ....... 2
THIS PAGE INTENTIONALLY LEFT BLANK
SECTION 00020
INVITATION TO BID
Separate sealed bids for construction of Depot Park will be received at the City Clerk's Office
located at 121 North Rouse, Bozeman, Montana until the bid deadline of 2:00 PM local time on
March 16 2010. Mailed bids must be received before 2:00 PM, Tuesday, March W', 2010.
Mailed bids should be sent to: City Clerk, City of Bozeman, P.O. Box 1230, Bozeman, MT
59771. No faxed or electronic bids will be accepted.
The project consists of straight-back curb, site grading, well installation, irrigation and
landscaping improvements.
The contract documents, consisting of Drawings and Project Manual, may be examined or
obtained at the office of Thomas, Dean & Hoskins, Inc. at 108 W. Babcock, Bozeman, Montana
59715 in accordance with Article 2.01 of Instructions To Bidders, There is a $50.00 non-
refundable deposit for a copy of the contract documents.
In addition, the Drawings and Project Manual may also be examined at the following location:
Bozeman Builders Exchange
1105 Reeves Road, Suite 800
Bozeman, MT 59718
CONTRACTORS and any of the CONTRACTORS' 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. CONTRACTORS are not required to have registered with the DU prior
to bidding on this project but must have registered prior to execution of the Construction
Agreement. All laborers and mechanics employed by CONTRACTORS or subcontractors in
performance of the construction work shall be paid wages at rates as may be required by the
laws of 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,
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 bid deadline, which is 2:00 PM local time March 16", 2010.
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 CITY OF BOZEMAN is required to be an Equal Opportunity Employer
Stacy Ulmen, CMC
City Clerk
City of Bozeman
121 North Rouse
PO Box 1230
Bozeman, MT 59771
SECTION 00100
ARTICLE I — DEFINED TERMS
1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the
General Conditions and the Supplementary Conditions. Additional terms used in these
Instructions to Bidders have the meanings indicated below which are applicable to both the
singular and the plural thereof:
A. "Bidder"— The individual or entity who submits a Bid directly to OWNER.
B. "Issuing Office" — The office from which the Bidding Documents are to be issued and
where the bidding procedures are to be administered.
C. "Successful Bidder" — The lowest responsible Bidder submitting a responsive Bid to
whom OWNER (on the basis of OWNER's evaluations as hereinafter provided) makes an
award,
2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any,
stated in the Invitation to Bid may be obtained from the Issuing Office. The deposit will not be
refunded.
2.02 Complete sets of Bidding Documents must be used in preparing bids; neither OWNER nor
ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents,
2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above
terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or
grant for any other use.
ARTICLE 3 — QUALIFICATION OF BIDDERS
3.01 To demonstrate Bidder's qualifications to perform the Work, within five (5) days of
OWNER's request, Bidder shall submit written evidence, such as financial data, previous
experience in performing comparable work, present commitments and other such data as may
be called for in the Special Provisions,
In determining the lowest responsible bid, the following elements will be considered: whether
the BIDDER involved (a) maintains a permanent place of business; (b) has adequate plant and
equipment to do the work properly and expeditiously; (c) has a suitable financial status to meet
obligations incident to the work; (d) has appropriate technical experience; and (e) has
completed prior work free of just and unpaid claims in compliance with all applicable laws and
without litigation.
11 11
Each BIDDER may be required to show that former work performed by him has been handled in
such a manner that there are no just or proper claims pending against such work. No BIDDER
will be acceptable if he is engaged on any other work which impairs his ability to finance his
contract. The BIDDER shall demonstrate his ability by meeting all requirements herein
stipulated, if asked for them.
ARTICLE 4 — EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA AND
SITE
4.01 Subsurface and Physical Conditions
A. The Special Provisions identifies:
1. Those drawings of physical conditions in or relating to existing surface and subsurface
structures at or contiguous to the Site (except Underground Facilities) that ENGINEER
has used in preparing the Bidding Documents.
4.02 Underground Facilities
A. Information and data shown or indicated in the Bidding Documents with respect to
existing Underground Facilities at or contiguous to the Site is based upon information and data
furnished to OWNER and ENGINEER by owners of such Underground Facilities, including
OWNER, or others. OWNER and ENGINEER do not assume responsibility for the accuracy or
completeness thereof unless expressly provided otherwise elsewhere.
4.03 Hazardous Environmental Condition
A. No known hazardous environmental conditions have been identified at the site.
4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective
Bidders with respect to subsurface conditions, Underground Facilities and other physical
conditions, and possible changes in the Bidding Documents due to differing or unanticipated
conditions appear in paragraphs 4,02, 4.03, and 4.04 of the General Conditions. Provisions
concerning responsibilities for the adequacy of data furnished to prospective Bidders with
respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the
Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at
the Site which was not shown or indicated in the Drawings or Specifications or identified the
Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the
General Conditions.
4.06 Upon request, OWNER will provide Bidder access to the site to conduct such
examinations, investigations, explorations, tests, and studies as Bidder deems necessary for
submission of a Bid. Bidder shall fill and compact all holes and clean up and restore the Site to
its former condition upon completion of such explorations, investigations, tests, and studies.
011 rr
4.06 Reference is made to the Special Provisions for the identification of the general nature of
other work that is to be performed at the Site by OWNER or others (such as utilities and other
prime contractors) that relates to the Work for which a Bid is to be submitted. On request,
OWNER will provide to each bidder for examination access to or copies of Contract Documents
(other than portions thereof related to price) for such work.
4.07 It is the responsibility of each Bidder before submitting a Bid to:
A. Examine and carefully study the Bidding Documents including any Addenda and the
other related data identified in the Bidding Documents;
B. Visit the site and become familiar with and satisfy Bidder as to the general, local and
Site conditions that may affect cost, progress, and performance of the Work; including but not
limited to those general and local conditions affecting transportation, disposal, handling and
storage facilities, availability of labor, water, power, roads, climactic conditions and seasons,
physical conditions at the work sites and project area as a whole, job site topography and
ground conditions, equipment and facilities needed preliminary to and during work prosecution,
C. Become familiar with and satisfy Bidder as to all Federal, State and Local Laws and
Regulations that may affect cost, progress, or performance of the Work;
D. Carefully study all reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions in or relating to existing surface or
subsurface structures at or contiguous to the Site (except underground Facilities) which have
been identified in the Special Provisions as provided in paragraph 4.02 of the General
Conditions, and carefully study all reports and drawings of a Hazardous Environmental
Condition, if any, at the Site which have been identified in the Special Provisions as provided in
paragraph 4.06 of the General Conditions;
E. Obtain, and carefully study (or assume responsibility for doing so) all additional or
supplementary examinations, investigations, explorations, tests, studies, and data concerning
conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which
may affect cost, progress, or performance of the Work or which relate to any aspect of the
means, methods, techniques, sequences and procedures of construction expressly required by
the Bidding Documents, and safety precautions and programs incident thereto;
F. Agree at the time of submitting its bid that no further examinations, investigations,
exploration, tests, studies or data are necessary for the determination of its Bid for performance
of the Work at the price bid and within the times and in accordance with the other terms and
conditions of the Bidding Documents;
G. Become aware of the general nature of the work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Bidding Documents;
H. Correlate the information known to Bidder, information and observations obtained
from visits to the Site, reports and drawings identified in the Bidding Documents, and all
additional examinations, investigations, explorations, tests, studies, and data with the Bidding
Documents.
I. Promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder discovers in the Bidding Documents and confirm that the written
resolution thereof by ENGINEER is acceptable to the Bidder; and
J. Determine that the Bidding Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for the performance of the Work,
4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with every requirement of this Article 4, that without exception, the Bid is
premised upon performing and furnishing the Work required by the Bidding Documents and
applying any specific means, methods, techniques, sequences or procedures of construction
that may be shown or indicated or expressly required by the Bidding Documents, that Bidder
has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that
Bidder has discovered in Bidding Documents and the written resolutions thereof by ENGINEER
are generally sufficient to indicate and convey understanding of all terms and conditions for
performing and furnishing the Work.
ARTICLE 5 — SITE AND OTHER AREAS
6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto
required for temporary construction facilities, construction equipment, or storage of materials
and equipment to be incorporated in the Work can be provided by the OWNER. Site security
and cleanup is the responsibility of the CONTRACTOR. Easements for permanent structures or
permanent changes in existing facilities are to be obtained and paid for Iby OWNER unless
otherwise provided in the Bidding Documents.
7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to
ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in
response to such questions will be issued by Addenda mailed or delivered to ail parties
recorded by ENGINEER as having received the Bidding Document. Questions received less
than ten (10) days prior to the date for opening of Bids may not be answered. Only questions
answered' formal written Addenda will be binding. Oral and other interpretations or
clarifications will be without legal affect.
7.02 Addenda may be issued to clarify, correct or change the Bidding Documents as deemed
advisable by OWNER or ENGINEER.
7.03 Any addenda issued during the time of bidding, or forming a part of the Contract
Documents loaned to the Bidder for the preparation of his proposal, shall be covered in the Bid
and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged
in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered
incomplete and will not be read.
8.01 A Bid must be accompanied by Bid Security made payable to City of Bozeman in an
amount of ten percent (10%) of Bidder's maximum Bid price and in the form of cash, a cashier's
check, certified check, bank money order, or bank draft, in any case drawn and issued by a
national banking association located in Montana or by an banking corporation incorporated
under the laws of Montana; or a Bid Bond (on a form attached if a form is prescribed) issued by
a surety authorized to do business in Montana meeting the requirements of Paragraphs 5,01
and 5.02 of the General Conditions. Bid Bonds shall be countersigned by a Resident Montana
Agent.
8.02 The Bid Security of the Successful Bidder will be retained until such Bidder has executed
the Contract Documents and furnished the required contract security and met the other
conditions of the Notice of Award, whereupon the Bid security will be returned. If the
Successful Bidder fails to execute and deliver the Contract Documents and furnish the required
contract security within fifteen (15) days after the Notice of Award, Owner may annul the Notice
of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders
whom Owner believes to have a reasonable chance of receiving the award may be retained by
Owner until the earlier of (7) seven days after the Effective Date of the Agreement or (61) sixty-
one days after the Bid opening, whereupon Bid Security Furnished by such Bidders will be
returned.
8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of
receiving the award will be returned within seven days after Bid opening.
ARTICLE 8 — CONTRACT TIMES
9.01 The number of days within which, or the dates by which, the Work is to be (a)
Substantially Completed and (b) also completed and ready for final payment are set forth in the
Agreement.
ARTICLE 9— LIQUIDATED DAMAGES
10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.
ARTICLE 10 — SUBSTITUTE AND "OR-EQUAL" ITEMS
11.01 'The Contract, if awarded, will be on the basis of materials and equipment specified or
described in the Bidding Documents without consideration of possible substitute or "or-equal"
items,. Whenever it is indicated in the Bidding Documents that a substitute or "or-equal" item of
material or equipment may be furnished or used by CONTRACTOR if acceptable to
ENGINEER, application for such acceptance will not be considered by ENGINEER until after
the Effective Date of the Agreement. The procedure for submission of any such application by
I
,0 6
CONTRACTOR and consideration by ENGINEER is set forth in Paragraphs 6.7 of the General
Conditions and may be supplemented in the General Requirements or Special Provisions.
ARTICLE 11 — SUBCONTRACTORS, SUPPLIERS AND OTHERS
12.01 If the Special Provisions require or the OWNER requests the identity of certain
Subcontractors, Suppliers, individuals or entities to be submitted to OWNER in advance of a
specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and
any other Bidder so requested, shall within five (5) days after Bid opening submit to OWNER a
list of all such Subcontractors, Suppliers, individuals or entities proposed for those portions of
the Work for which such identification is required. Such list shall be accompanied by an
experience statement with pertinent information regarding similar projects and other evidence of
qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER.
If OWNER or ENGINEER after due investigation has reasonable objection to any proposed
Subcontractor, Supplier, individual or entity OWNER may, before Notice of Award is given,
request apparent Successful Bidder to submit a substitute, without an increase in the Bid.
12.02 If the apparent Successful BIDDER declines to make any such substitution, the OWNER
may determine such Bidder to be non-responsive and reject the Bid. Declining to make
requested substitution will not constitute grounds for forfeiture of the Bid Security of any Bidder,
Any Subcontractor, Supplier, individual or entity solicited and against which OWNER and
ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed
acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the
Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.
12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual,
or entity against whom CONTRACTOR has reasonable objection.
13.01 The Bid Form is included with the Bidding Documents, Additional copies may be obtained
from the ENGINEER. Bids shall be strictly in accordance with the prescribed form. Any
modifications thereof or deviations therefrom may be considered as sufficient cause for
rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as
irregular.
13.02 All blanks on the Bid Form shall be completed by printing in ink or typewriter and the Bid
signed. A Bid price shall be indicated for each Bid item listed therein, or the words "No Bid", "No
Change", or "Not Applicable" entered.
13.03 Bids by a corporation must be executed in the corporate name by the president or a vice-
president or other corporate officer who is authorized to bind the corporation, and the corporate
seal shall be affixed and attested by the secretary or an assistant secretary. The corporate
address and state of incorporation must be shown below the signature. The Bid of a
corporation, which is signed by a person other than a corporate officer, must be accompanied
by evidence of authority to sign.
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13,04 A bid by a partnership shall be executed in the partnership name and signed by a partner,
whose title must appear under the signature and the official address of the partnership must be
shown below the signature.
13-05 A Bid by a limited liability company shall be executed in the name of the firm by a member
and accompanied by evidence of authority to sign. The state of formation of the firm and the
official address of the firm must be shown below the signature.
13,06 A Bid by an individual shall show the Bidder's name and official address.
13,07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated
on the Bid form. The official address of the joint venture must be shown below the signature.
13.08 All signatures are to be in ink and names must be typed or printed below the signature.
The title of the person(s) executing the Bid shall be clearly indicated beneath the signature.
13.09 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of
which must be filled in on the Bid Form). Bids in which all issued addenda are not
acknowledged will be considered incomplete and will not be read.
13.10 The address and telephone number for communications regarding the Bid must be
shown.
13.11 Current Montana Contractor's registration number, if any, must be shown.
13.12 Bidders, shall bid the total for all Bid Schedules and amounts for each Bid Schedule, Any
bid for less than all of the Schedules shall be considered non-responsive and will not be read,
ARTICLE 13 — BASIS OF BID; EVALUATION OF BIDS
iEX4 9_-__ mo
A. Bidders shall submit a Bid in a total amount for the Bid Schedule on a unit price
and/or lump sum basis for each item of Work listed in the Bid Schedule as provided in the Bid
Form. The Bid will not be considered unless the Bid Form contains all unit price and/or lump
sum items for the Bid Schedule and for any alternates as shown on the Bid Form. Bids and
totals shall be shown legibly in their proper locations. The total amount of the Bid shall be
legibly written and manually signed,
B. The total of all estimated prices will be determined as the sum of the products of the
estimated quantity of each item and the unit price Bid for the item. The final quantities and
Contract Price will be determined in accordance with paragraph 11.03 of the General
Conditions.
C. Discrepancies between the multiplication of units of Work and unit price will be
resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of
figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies
between words and figures will be resolved in favor of the words.
ARTICLE 14 - SUBMITTAL OF BID
15.01 Each prospective Bidder is furnished one copy of the Bidding Documents, The Bid form
is to be completed and submitted with the Bid security along with additional documents, if any,
as identified in the Special Provisions.
15.02 A Bid shall be submitted no later than the date and time prescribed and at the place
indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope, plainly
marked with the Project title (and, if applicable, the designated portion of the Project for which
the bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid
Security and other required documents. If a Bid is sent by mail or other delivery system, the
sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on
the outside with the notation "BID ENCLOSED", A mailed bid shall be addressed to the address
shown in the Invitation to Bid.
A. The Bid will not be considered unless accompanied by proper Bid Security in
accordance with Article 8 of these Instructions to Bidders.
B. Alternative Bids will not be considered unless called for,
C. Bids by telephone, telegraph, fax or other telecommunication systems will not be
considered.
ARTICLE 16 -MODIFICATION AND WITHDRAWAL OF BIDS
16.01 Bids may be modified or withdrawn by an appropriate document duly executed in the
manner that a Bid must be executed and delivered to the place where Bids are to be submitted
prior to the date and time for the opening of Bids as called for in the Invitation to Bid. Requests
for modification or withdrawal must be written and must be signed in the same manner and by
the same person(s) who signed the Bid.
16.02 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed written
notice with OWNER, and promptly thereafter demonstrates to the reasonable satisfaction of
OWNER, that there was a material and substantial mistake in the preparation of its Bid, that
Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is
rebid or negotiated, that Bidder will be disqualified from further bidding on the Work.
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17.01 Bids will be opened at the time set for opening in the Invitation to Bid and, unless
obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and
major alternates (if any) will be made available to Bidders after the opening of Bids.
U1
ARTICLE 17 — BIDS TO REMAIN SUBJECT TO ACCEPTANCE
18-01 All bids will remain subject to acceptance for sixty (60) days after the day of the Bid
opening, but OWNER may, in its sole discretion, release any Bid prior to the end of this period.
ARTICLE 18 —AWARD OF CONTRACT
19-01 OWNER reserves the right to reject any and all Bids, including without limitation,
nonconforming, nonresponsive, unbalanced or conditional Bids. OWNER further reserves the
right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be
non-responsible. OWNER also reserves the right to waive all informalities not involving price,&.-
time or changes in the Work and to negotiate contract terms with the Successful Bidder.
OWNER reserves the right to reject the Bid of any Bidder if OWNER believes it would not be in
the best interest of the Project to make an award to that Bidder whether because Bid is not
responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other
pertinent standard or criteria established by OWNER.
19.02 More than one Bid for the same Work from an individual or entity under the same or
different names will not be considered. Reasonable grounds for believing that any Bidder has
an interest in more than one Bid for the Work may be cause for disqualification of the Bidder
and the rejection of all Bids in which that bidder has an interest.
19,03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the
prescribed requirements, and such alternates, unit prices and other data, as may be requested
in the Bid Form or prior to the Notice To Proceed.
19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may
consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or
entities proposed for those portions of the Work for which the identity of Subcontractors,
Suppliers, and other individuals or entities must be submitted as provided in the Special
Provisions,
19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the
responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers,
individuals or entities to perform the Work in accordance with the Contract Documents.
19-06 If the Contract is to be awarded, OWNER will award the Contract for all Schedules to the
responsible bidder whose Bid for all Schedules, conforming with all material terms and
conditions of the Bidding Documents, is lowest price, in the best interest of the Project, and
other factors considered. The OWNER reserves the right to cancel the award of any Agreement
at any time before the complete execution of said Agreement by all parties without any liability
against the OWNER.
ARTICLE 19 — CONTRACT SECURITY
20.01 Article 5 of'the General Conditions, as may be modified by the Supplementary Conditions,
sets forth OWNER's requirements as to Performance Bond, Payment Bond and certificates of
insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must
be accompanied by such Bonds and insurance.
ARTICLE 20 — SIGNING OF AGREEMENT
21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied
by the required number of unsigned counterparts of the Agreement with the other Contract
Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days
thereafter, Successful Bidder shall sign and deliver at least three (3) counterparts of the
Agreement and attached documents to OWNER with. Within fifteen (15) days thereafter
OWNER shall deliver one fully signed counterpart to Successful Bidder with a complete set of
the Drawings with appropriate identification.
v *CIRWRE01
22.01 All applicable laws, ordinances and the rules and regulations of authorities having
jurisdiction over construction of the project shall apply to the Contract throughout. State laws
and ordinances which the CONTRACTOR must comply with, include but are not limited to,
those involving workmen's compensation insurance, contractor registration, employment
preference to Montana contractors and Montana residents, and gross receipts tax.
ARTICLE 22 - CONTRACTOR REGISTRATION — CERTIFICATE OF
REGISTRATION
Contractor shall append to its proposal for performance of the Work, a true copy of Contractor's
current Certificate of Registration as a construction contractor with the Montana Department of
Labor and Industry. Before entering into an Agreement with Owner for performance of the Work,
Contractor shall also furnish Owner and Engineer with true copies of a Certificate of Registration
for each subcontractor to be engaged in performance of the Work. Said Certificate(s) shall be kept
current throughout the course of performance of the Work. Notice of any suspension or non-
renewal of said Certificate(s) shall be immediately given to Owner or Engineer. Any suspension or
termination of a Certificate of Registration shall constitute a breach of the Construction Contract
and good cause for immediate suspension of the Work or termination of the Contract by Owner.
relivi 1q1AF*M%T• 1 044SHKO]
Before entering into the Agreement with Owner, Contractor shall procure all workers' compensation
insurance coverages required under the Montana Worker's Compensation Act and provide Owner
and Engineer with a Certificate of the Department of Labor and Industry in proof thereof. Contractor
shall require such Certificates of each subcontractor to be engaged in performance of the Work
and shall provide Owner and Engineer with copies of same prior to commencement of the Work.
Such coverages shall be maintained throughout the course of performance of the Work. Notice of
any suspension or non-renewal of such coverage(s) shall be immediately given to Owner and
Engineer. Such suspension or lapse of workers compensation coverage shall constitute a breach
of the Construction Contract and good cause for immediate suspension of the Work or termination
of the Contract by Owner.
ARTICLE 24 — OTHER CONTRACTOR RESPONSIBILITIES
The Contractor must complete the monthly and closeout reports required by HB645 (example
included in this bid document). Contractor should note they must include the number of hours
worked, provide updated schedule, project photographs and a sign on site recognizing the funding
source among other things. Any questions the Contractor has regarding these requirements
should be directed to the Montana Department of Commerce.
END OF SECTION 00100
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10 i/ A
SECTION 00300
BID FORM
---- Depot Park
(Name of Project) ... ............ . . ...
- Lots 1-3, Block 102 Northern Pacific Addition to Bozeman, Bozeman, Montana
(Location)
City of Bozeman, Clerk's Office
(Or .. ........
ganization)
4
(Street; P.O. Box)
Bozeman Montana 59771
(City) (State) (Zip Code)
1.01 The undersigned Bidder proposes and agrees if this Bid is accepted, to enter into an
Agreement with OWNER in the form included in the Bidding Documents, to perform and furnish a ll
Work as specified or indicated in the Bidding Documents for the prices and within the times
indicated in this Bid and in accordance with the other terms and conditions of the Bidding
Documents.
2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid, and
Instruction to Bidders. This Bid will remain subject to acceptance for sixty (60) days after the Bid
opening, or for such longer period of time that Bidder may agree to in writing upon request of
OWNER.
3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:
A. Bidder has examined and carefully studied the Bidding Documents, other related data
identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby
acknowledged the following Addenda:
Addendum No, Addendum Date
B. Bidder has visited the Site and become familiar with and is satisfied as to the general,
local, and Site conditions that may affect cost, progress, and performance of the Work.
C, Bidder is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, and performance of the Work.
D. Bidder has carefully studied all (1) all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities)
which have been identified in the Special Provisions as provided in paragraph 4.02 of the General
Conditions, and (2) reports and drawings of a Hazard Environmental Condition, if any, which has
been identified in the Special Provisions as provided in paragraph 4.06 of the General Conditions.
E. Bidder has obtained and carefully studied (or assumes responsibility for having done so)
all additional or supplementary examinations, investigations, explorations, tests, studies and data
concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site
which may affect cost, progress, or performance of the Work or which relate to any aspect of the
means, methods, techniques, sequences, and procedures of construction expressly required by the
Bidding Documents to be employed by Bidder, and safety precautions and programs incident
thereto.
F. Bidder does not consider that any further examinations, investigations, explorations,
tests, studies or data are necessary for the determination of this Bid for performance of the Work at
the prices(s) bid and within the - rimes and in accordance with any other terms and conditions of the
Bidding Documents.
G. Bidder is aware of the general nature of the Work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Bidding Documents.
H. Bidder has correlated the information known to Bidder, information and observations
obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all
additional examinations, investigations, explorations, tests, studies and data with the Bidding
Documents.
1. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the bidding Documents, and the written resolution
thereof by ENGINEER is acceptable to Bidder.
J. The Bidding Documents are generally sufficienitto indicate and convey understanding of
all terms and conditions for the performance of the Work for which this Bid is submitted.
4.01 Bidderfurther represents that this Bid is genuine and not made in the interest of or on behalf of
any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of
any group, association, organization or corporation; Bidder has not directly or indirectly induced or
solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any
person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain
for itself any advantage over any other Bidder or over OWNER.
The BIDDER certifies that no official of the OWNER, ENGINEER or any member of such officials
immediate family, has direct or indirect interest in the pecuniary profits or Contracts of the BIDDER.
5.01 The Bidder will complete the Work in accordance with the Contract Documents for the following
price(s):
XWORM"
UNIT PRICE SCHEDULE
ITEM
EST.
UNIT
NO.
DESCRIPTION
QUANTITY UNIT
PRICE
AMOUNT
1
Mobilization (5% max, of total bid)
1
LS
$
$
2
Site Earthwork
1
LS
$
_3 0
$
3
Topsoil, Seed and Fertilizing
1
LS
$
$
5N 7 0
4
Traffic Control
I
LS
$
$
2-o-o
5
Irrigation System, In Place
I
LS
$
' 75 - 0
$
-3;7 5_0
6
Well, In Place
I
LS
$
8 1 ,000
$
7
Straight Concrete Curb
330
LF
$
2-1
$
8
Drywell, In Place
1
EA
$
(
$
9
Natural Fines Trail
1
LS
$
I F1 1-50
$
1 50
10
Climbing Boulder, In Place
I
EA
$
11570
$
1. 7 7 57 0
11
Safe Fall System, In Place
85
SY
$
$
12
Picnic Table, In Place
2
EA
$
7 _ 1 5"
$
13
Bench, In Place
4
EA
$
- 7 QQ
$
14
Trees, In Place
7
EA
$
. . .... 20 y
$
TOTAL
- SCHEDULE
N F_
H-Ulay 91 F-9
F_ I C_ I ft:'
a:A'
v t i-I-A
(Amount written in words)
DOLLAkS
XWORM"
The undersigned Bidder acknowledges receipt of the following Addenda, which have been
considered in preparation of this Bid:
No. Dated
No. Dated
No. Dated
Respectively Submitted:
Signature
Title
Address
— CP(00 TCL C60AM— UJ - 1?Q26A4) Aok7'
Date
II (. 60-16-- .---
License Number VC 3 .1
y
(SEAL - IF BID IS BY A
CORPORATION)
A. Unit Prices have been computed in accordance with Paragraph 11.03.B, of the General
Conditions.
B. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the
purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual
quantities provided, determined as provided in the Contract Documents.
C. The undersigned agrees that the unit prices shall govern in checking the Bid, and should
a discrepancy exist in the Total Estimated Price and Total Amount of Unit Prices Bid as listed above
after extensions are checked and corrections made, if any, the Total Amount of Unit Prices Bid as
corrected shall be used in awarding this Contract.
D. The OWNER reserves the right to reject any or all bids.
6.01 Bidder agrees that the Work will be substantially completed and ready for payment in
accordance with 14.07 of the General Conditions on or before the dates or within the number of
calendar days indicated in the Agreement.
6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure
to complete the Work within the times specified above, which shall be stated in the Agreement,
If BIDDER is:
An Individual:
By:
Doing business as:
Business Address:
(Name typed or printed)
(individual's Signature)
(SEAL)
Phone No.: FAX No.:
A Partnership:
(Partnership Name)
By: (SEAL)
(Signature)
Business Address: (Name, typed or printed)
Phone No,: FAX No.:
A Corporation: S,
M
(Corporation Name)
State of Incorporation:
Type (General Business, Professional, Service, Limited Liability):
Attest- (CORPORATE SEAL)
1) (Signature of Secretary)
Business Address:
Phone No.: qn-'sla. gua FAX No.:
Date of Qualification To Do Business Is: kj A-eq
A Joint Venture: Each Joint Venture Must Sign
Joint Venturer Name:
(Name)
SEAL)
in
(Signature of Joint Venture Partner)
Name:
Title: (Name, printed or typed)
Business Address:
Phone No.: FAX No.:
A Joint Venture: Each Joint Venture Must Sign
Joint Venturer Name:
(Name)
SEAL)
By:
(Signature of Joint Venture Partner)
Name:
(Name, printed or typed)
Title:
Business Address:
Phone No.: FAX No.:
Address of Joint Venture for Receipt of Official Communication:
Address:
• ' l =
FAX No.:
(Each Joint Venture must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above.)
IQ
11 1
THIS PAGE INTENTIONALLY LEFT BLAND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal, and as Surety, are hereby held and firmly bound
unto City of Bozeman as OWNER in the penal sum of 10% of bid amount for the payment of
which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and
assigns.
The Condition of the above obligation is such that whereas the Principal has submitted to
Cily of Bozeman a certain BID, attached hereto and hereby made a part hereof to enter to a
contract in writing for the Depot Park.
NOW, THEREFORE,
(a) If said BID shall be rejected, or
(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the
Form of Contract attached hereto (properly completed in accordance with said BID) and
shall furnish a BOND for his faithful performance of said contract, and for the payment of all
persons performing labor or furnishing materials in connection therewith, and shall in all
other respects perform the agreement created by the acceptance of said BID,
then this obligation shall be void, otherwise the same shall remain in force and effect; it being
expressly understood and agreed that the liability of the Surety for any and all claims hereunder
shall, in no event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and
its BOND shall be in no way impaired or affected by any extension of the time within which the
OWNER may accept such BID; and said Surety does hereby waive notice of any such extension,
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and
seals, and such of them as are corporations have caused their corporate seals to be hereto affixed
and these presents to be signed by their proper officers, this day of
.20
Principal
Surety
L--JM
THIS PAGE INTENTIONALLY LEFT BLANK
AGREEMENT FORM
TH AGREEMENT is dated as of the J 'day o f Ao"� I in the year 201 by and between
City of Bozeman hereinafter called OWNER and P,-q Lqe7ofseAlol'
hereinafter called CONTRACTOR, �A
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
Work is generally described as follows: _Depot Park
The project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows: Depot Park
Article 2. CONTRACT TIME,
2.1 The Work will be completed within 90 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. Exceptions: Climbing boulder will be
completed and installed onsite by August 1 � 201
2.2 Liquidated Damages. OWNER and CONTRACTOR recognize thattime is of the essence of 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 (M) for each day that expires after the time specified herein until the work is
substantially completed.
Article 3. CONTRACT PRICE.
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
I
. Al 4, f4sqij n;ne,- hg-4d e'Jht1-kwe) Dollars ($66, 82
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 The OWNER may retain a portion of the amount due the CONTRACTOR in accordance with
the General Conditions and as outlined herein. Ten (110) percent of the amount of each payment
shall be withheld until work is 50 percent complete based upon dollar value of the contract work
A -1
items. When work is 50 percent complete, the amountwithheld shall be reduced to five (5) percent
of the dollar value of the work satisfactorily completed at the discretion of the Owner and provided
that the CONTRACTOR is making satisfactory progress and there is no specific cause for greater
withholding. When the work is substantially complete, the amount withheld shall be further reduced
below five (5) percent to an amount determined by the ENGINEER necessary to assure completion.
Up to ten (110) percent withholding may be reinstated after the 50 percent completion stage if the
OWNER, at his discretion, determines that the progress is not satisfactory or if there is other specific
cause for such withholding.
4.2 Final and Only Payment, Upon final completion and acceptance of the Work in accordance with
the General Conditions, OWNER shall pay 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.
6.6 CONTRACTOR acknowledges that the Contract is being made under the Montana
Reinvestment Act of 2009, which requires contractors, subcontractors, and subrecipent entities to
also comply with all applicable local, state, and federal laws, regulations, administrative directives,
procedures, ordinances, resolutions; all administrative directives and procedures established by the
AF-2
Montana Department of Commerce, including the Local Government Infrastructure Program
Guidelines (May 2009), and all of the terms and conditions of this Contract.
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 and Payment Bond.
7.4 Invitation to Bid.
7.5 Instructions to Bidders.
7.-6 Certificates of Insurance.
7.7 General Conditions.
7.8 Supplementary Conditions,
7.9 Wage Rates.
7,10 Special Provisions, if applicable,
7.11 Montana Public Work Standard Specifications, 5th Edition,
dated March 2003, with 2006 Addendum,
7.12 Drawings.
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.
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.
N M,
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 whose 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 the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written.
Po?-, Lcvb(c.2,"
\(Contractor)
By
Title ' Prc
(Joint Venture)
By
Title
(SEAL &
(ATTEST)
(SEAL &
(ATTEST)
AF-4
p—
(Owner)
By C U��.
Title
APPROVED AS TO ORM:
A orne
BO
A." MA PA
AF -5
THIS PAGE INTENTIONALLY LEFT BLANK
AF-6
AONTANA
PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION 201
B Schweitzer, Governor
S of Montana
Keith Kelly, Commissioner
Department of Labor & Industry
To obtain copies of prevailing rate schedules, or for information relating to public works projects and payment of
prevailing wage rates visit ERD at www.mtwagehourbopa.com or contact them at.
Employment Relations Division
Montana Department of Labor and Industry
P.{}. Box 2015O3
Helena, K8T5BG2O-15O3
Phone 406-444-5600
TDD4D8-444-554Q
The Labor Standards Bureau welcomes questions, commentsand suggestions from the public. |m addition, we'll
do our best to provide information in an accessible format, on request, in compliance with the Americans with
Disabilities Act.
MONTANA PREVAILING WAGE REQUIREMENTS
The Commissioner of the Department of Labor and Industry, inaccordance with Sections 1G-2-401 and 18-2402 of the
Montana Code Annotated, has determined the standard prevailing rate of wages for the occupations listed imthis
publication.
The wages specified herein control the prevailing rate cf wages for the purposes of1R-2-401.etuaq.. Montana Code
Annotated. |tis required that each employer pay, as a minimum, the rate of wages, including fringe benefits, travel
allowance and per them applicable to the district in which the work is being performed, mnprovidedinUhoottachmdvvage
determinations.
All Montana Prevailing Wage Rates are available on the internet at www.mtwag�hourbopa.com or by contacting the
Labor Standards Bureau at(40S)444-50OQorTDO(4QG)444-554R.
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 ad(406)444-5GOOnrTOD(408)444-5548.
KEITH KELLY
Commissioner
Department of Labor and Industry
State of Montana
IF-1-
4 q 4
MONTANA PREVAILING WAGE REQUIREMENTS:
A. Date of Publication .... 1.11.1-1— ....... ....... ....... ...... . ". — - I
B Definition of Heavy Construction ............. ...............................
C Definition of Public Works Projects ... __ ...... ___ ......... ... — ...........
D Prevailing Wage Schedule .......... .................... ...........
E. Rates to Use for Projects — ...................... ....... ....... ........ ..........
F. Fringe Benefits .............. — ...... ................................... .................
G. Apprentices ... - ... — - ............... ............................. ..................
H Posting Notice of Prevailing Wages .......... ................ ... ___ ......
I Employment Preference ........ ............... ........ _ — -
WageRates _ .... ......... ........... ...... ............................
A. Date of Publication — February 12, 2,010
F,
............. 2
.......... 2
........... ............................... 2
2
3
.......... 3
3
.............................. 3
........... ............................... 4-10
B. Definition of Heavy Construction
The Administrative Rules of Montana (ARM) 24.17.501 (4) - (4)(a), Public Works Contracts For Construction Services
Subject to Prevailing Rates, states: "Heavy construction projects include, but are not limited to, those projects that are not
properly classified as either 'building construction', or `highway construction.
Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designedfor
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, electriftation 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, MT080001
Modification No. 14 have been adopted by the Montana Department of Labor and Industry for use in Heavy Construction
projects and are included in this publication, These rates apply statewide or as shown in MT080001 Modification No. 14.
C. Definition of Public Works Projects
The Montana Code Annotated (18_2 -401 (11)(a)) defines 'public works contract" as "a contract for construction services
let b " v the state, county, municipality, school district, or political subdivision or for noneonstruction services let by the
state, county, municipality, or political subdivision in which the total cost of the contract is in excess of $25,000... "
D. Prevailing Wage Schedule
This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein, These
rates will remain in effect until superseded by a more current publication. Current prevailing wage rates schedules for
Building Construction, Highway Construction and Nonconstruction Services occupations can be found on the internet at
www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549.
E. Rates to Use for Projects
Rates to be used on a public works project are those that are in effect at the time the project and bid specifications are
advertised.
4
F. Fringe Benefits
Section 18-2-412 of the Montana Code Annotated states:
"(1) To fulfill the obligation ... a contractor or subcontractor may
(o) pay the amount offtinge benefits and the basic hourly rate oJ'pay that is part of the standard prevailing rate oj'lvages
directli to the worker or employee in cash;
(b) make an irrevocable contribution to a trustee or a third person pursuant to aftinge benefit fund, plan, or program that
meets the requirements of the Employee Retirement Income Security Act of 1.474 or that is a bona fide program approved
by the U. S. department of labor; or
(c) make payments using any combination qf'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 ofwages, including fringe benefits and travel
allowances, applicable to the district for the particular 4pe of work being performed
(2) The fringe benefit fiind, 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 Securitv Act of 1974 or that are approved by the U S.
department of labor. "
Fringe benefits are paid for all hours worked (straight time and overtime hours), However, fringe benefits are not to be
considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in
effect that specifies otherwise,
G. 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 wilt be paid the
prevailing wage rate when working on a public works contract.
H. Posting Notice of Prevailing Wages
Section 18-2-406, Montana Code Annotated, provides that contractors, subcontractors, and employers who are
` per forming work or providing construction services under public works contracts, as provided in this part, shall post in
a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for- the
entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees,
I. Employment Preference
Sections 18-2403 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,
j1pi,bg
DAVIS-BACON
1
General Wage Determinations Issued Under
The Davis-Bacon and Related Acts
State: Montana
Construction Types: Heavy
Counties: Montana Statewide.
rd
ZONE DEFINITIONS
CARPENTERS, *CEMENT MASONS, LABORERS, 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 Courthouse of the following listed towns to the center of the job:
BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HAVRE, HELENA, KAL|SPELL, LEvV|8TOVVN, MILES CITY,
KH|8SOULA
Zone 1: O0o3Omiles - Base Pay
Zone 2: 30to60 miles - Base Pay +$2.95
Zone 3: Over GO miles - Base Pay +$47D
*CEMENT MASONS ZONES: The above cities plus DILLON, GLASGOW, GLENDIVE, SIDNEY
CARP0028-002 05/01/2009
Rates Fringes
Carpenter: (Zone 1)
Carpenter &Pilebuok $23-25 $8.90
Millwright $2725 $8.80
CARP0828-004 06/01120�08
Rotes Fringes
Diver Tender
$27.27 $7.80
Diver
$56.54 $7.80
DEPTH PAY (Surface
Diving)
050tol0Ofeet
$2.O0 per foot
1O1to15Ofeet
$3.0Q per foot
151to22Ofeet
$4.O0 per foot
22i ft. &deeper
$5.00
ELECO044-001 06/0112009
Rates Fringes
Line Construction
Lineman $3516 475%+$10.�61
(2 ) Equipment Operator $25-18 4.75% +$1O.B5
( Experienced Qroundman $20.27 4.75Y6+$10.33
9
E LECO233-0 01. 06/0112009
BLAINE, BROADWATER, CASCADE, CHOUTEAU, FERGUS, GLACIER, HILL, JUDITH BASIN, LEWIS & CLARK,
LIBERTY, MEAGHER, PETROLEUM, PHILLIPS, PONDERA, TETON, TOO'LE, VALLEY, AND WHEATLAND COUNTIES
Rates Fringes
ELECTRICIAN $28.36 4.25% + $8.55
ELECO233 -002 08/01/2009
BEAVERHEAD, DEER LODGE, GRANITE, JEFFERSON, MADISON, POWELL, AND
SILVER BOW COUNTIES
Rates
ELECTRICIAN
$26.10
ELECO532 -001 06/01/2009
GALLATIN, PARK, AND SWEET GRASS COUNTIES
Rates
ELECTRICIAN
$26.61
Fringes
4.75% + $10.80
Fringes
4.725`x!0 + $9.00
ELECO532 -003 0610112003
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
ELECTRICIAN
ELEC0768 -001 03101/2008
Rates Fringes
$29.55 4.25% + $9.50
FLATHEAD, LAKE, LINCOLN, MINERAL, MISSOULA, RAVALLI, AND SANDERS COUNTIES
Rates Fringes
ELECTRICIAN $27.10 $10.71
6
ENG10400-001 0510112009
ZONE DEFINITIONS FOR POWER EQUPMENT OPERATORS:
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 Courthouse of the following listed towns to the center of the job:
BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL, MISSOULA
Zone 1: 0 to 30 miles - Base Pay
Zone 2: 30 to 60 miles - Base Pay + $3.50
Zone 3: Over 60 miles - Base Pay + $5.50
GROUP 1: Air Compressor; Auto Fine Grader; Belt Finishing Machine; Boring Machine, small; Cement Silo, Crane, A-
Frame Truck Crane; Crusher Conveyor; DW-1 0, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End
Loader under 1 cu yd; Heavy Duty Drills; Herman Nelson Heater; Mulching Machine; Oiler, all except Cranes & Shovels;
Pumpman.
GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to and including 3 cu yd; Bit Grinder; Bituminous Paving Travel Plant;
Boring Machine, large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket
Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push & Side Boom; Elevating
Grader/Gradall; Field Equipment Serviceman; Front-End Loader 1 cu yd to including 5 cu yd, Grade Setter; Heavy Duty
Drills, all types; Hoist/Tugger, all; Hydralift & similar; Industrial Locomotive; Motor Patrol, except Finish; Mountain Skidder;
Oiler - Cranes & Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumperete/Grout Machine;
Punch Truck, Roller, other than Asphalt; Roller, Sheepsfoot, Self-Propelled Roller, 25 tons and over; Ross Carrier;
Rotomill under 6 ft; Trenching Machine; Washing /Screening Plant.
GROUP 3: Asphalt Paving Machine; Asphalt Screed; Backhoe/Excavator/Shovel over 3 cu yd; Cableway Highfine;
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;
GROUP 6: Cranes, 75 tons to including 149 tons; Crane, Whidey (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; Crane, Tower (all),
N
Rates
Fringes
Power Equipment Operator
(Zone 1)
Group 1
$23,47
$9.50
Group 2
$23.94
$9.50
Group 3
$24.34
$9,50
Group 4
$25.00
$9.50
Group 5
$25-50
$9.50
Group 6
$26.,60
$9,50
Group 7
$27.10
$9.50
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-1 0, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End
Loader under 1 cu yd; Heavy Duty Drills; Herman Nelson Heater; Mulching Machine; Oiler, all except Cranes & Shovels;
Pumpman.
GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to and including 3 cu yd; Bit Grinder; Bituminous Paving Travel Plant;
Boring Machine, large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket
Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push & Side Boom; Elevating
Grader/Gradall; Field Equipment Serviceman; Front-End Loader 1 cu yd to including 5 cu yd, Grade Setter; Heavy Duty
Drills, all types; Hoist/Tugger, all; Hydralift & similar; Industrial Locomotive; Motor Patrol, except Finish; Mountain Skidder;
Oiler - Cranes & Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumperete/Grout Machine;
Punch Truck, Roller, other than Asphalt; Roller, Sheepsfoot, Self-Propelled Roller, 25 tons and over; Ross Carrier;
Rotomill under 6 ft; Trenching Machine; Washing /Screening Plant.
GROUP 3: Asphalt Paving Machine; Asphalt Screed; Backhoe/Excavator/Shovel over 3 cu yd; Cableway Highfine;
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;
GROUP 6: Cranes, 75 tons to including 149 tons; Crane, Whidey (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; Crane, Tower (all),
N
IRON0014-002 0710112009
FLATHEAD, GLACIER, LAKE, LINCOLN, MINERAL, MISSOULA, AND SANDERS COUNTIES
Rates Fringes
IRONWORKER $2534 $16.58
IRON0732-009 0610112009
I V :1 LTA •LAI Qq I 10 [CY4161110
Rates Fringes
IRONWORKER $25.30 $16.31
LABO1686-001 0510112008
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 for concrete and other materials; Sign
Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman, Tail Hoseman; Tool Checker and
Houseman; Traffic Control Worker.
GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure
Nozzleman; Jackhammer (Pavement Breaker); Laser Equipment; Non-Riding Rollers; Pipelayer; Pesthole Digger
(Power); Power Driven: Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power.
GROUP 4; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete); Powderman
($1.00 per hour above Group 4 rate), Rock & Core Drill; Track or Truck mounted Wagon Drill; Welder including Air Arc.
Rates
Fringes
LABORER (Zone 1)
Group 1
$17,14
$6.72
Group 2
$20.10
$6.72
Group 3
$20.24
$6.72
Group 4
$21.00
$6.72
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 for concrete and other materials; Sign
Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman, Tail Hoseman; Tool Checker and
Houseman; Traffic Control Worker.
GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure
Nozzleman; Jackhammer (Pavement Breaker); Laser Equipment; Non-Riding Rollers; Pipelayer; Pesthole Digger
(Power); Power Driven: Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power.
GROUP 4; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete); Powderman
($1.00 per hour above Group 4 rate), Rock & Core Drill; Track or Truck mounted Wagon Drill; Welder including Air Arc.
PAI NO260 -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
PAINTER
PAINO260 -002 07101/2002
Rates Fringes
$13.85 1% +$3.45
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
PAINTER
PAI N1922 -001 0610112001
Rates Fringes
$16.85 1 % + $3,45
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
PAINTER
(Industrial, includes industrial plants, tanks, pipes, bridges)
P LAS 0119 -001 05/0112008
Rates Fringes
$17.80 $7.63
STATEWIDE (except DEER LODGE, JEFFERSON, POWELL, and SILVER BOW COUNTIES)
Rates Fringes
CEMENT MASONS: (Zone 1)
Area 1 $18.83 $6.96
Area 2 $20.24 $6.86
AREA 1: STATEWIDE (except DEER LODGE, JEFFERSON, POWELL, and SILVER BOW COUNTIES)
AREA 2: DEER LODGE, JEFFERSON, POWELL, AND SILVER BOW COUNTIES
9
PLUM0030-003 0910112008
BIGHORN, BLAINE, CARBON, CARTER, CASCADE, CHOUTEAU, CUSTER, DANIELS, DAWSON, FALLON, FERGUS,
GARFIELD, 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
Commercial $27.15 $12.95
Industrial — Power Generating Plants $29,50 $12.95
PLUM0041-001 0710112009
BEAVERHEAD, BROADWATER, DEER LODGE, GALLATIN, GRANITE, JEFFERSON, LEWIS AND CLARK, MADISON,
PARK, POWELL, SILVER BOW, AND SWEET GRASS COUNTIES
Rates Fringes
PLUMBER $28.60 $10.75
PLUM0459-001 0510112009
FLATHEAD, GLACIER, LAKE, LINCOLN, MINERAL, MISSOULA, RAVALLI, AND SANDERS
Rates Fringes
PLUMBER $2826 $11.15
TEAM0002-001 05/0112008
Rates Fringes
TRUCK DRIVERS: (Zone 1)
Group 1 $14.14 $5.92
Group 2 $18,84 $5.92
TRUCK DRIVERS CLASSIFICATIONS.
GROUP 1: Pilot Car
GROUP 2: All Combination Trucks and Concrete Mixers; Distributor Driver; All Dry Batch Trucks; Dumpman, Gravel
Spreader Box Operator; All Dump Trucks and similar equipment including DW 20, DW 21, or Euclid Tractor; Dumpsters;
Flat Trucks; Servicemen; Lowboys, Four-Wheel Trailers; Float Semi-Trailer; Lumber Carriers, Lift Trucks & Fork Lifts;
Pick-up Driver hauling material; Powder Truck (Bulk Unloader type); Power Boom; Service Truck Drivers, Fuel Truck
Drivers, Tiremen; All Water Tank Drivers; Petroleum Products Drivers; Trucks with Power Equipment such as Winch, A-
Frame Truck, Crane, Hydralift, Gout-Crete Truck, and Combination Mulching, Seeding & Fertilizing Truck; Truck
Mechanic.
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental,
END OF GENERAL DECISION
10
MONTANA
PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION 2010
Brian Schweitzer, Governor
State of Montana
Keith Kelly, Commissioner
Department of Labor & Industry
To obtain copies of prevailing rate schedules, orforinformation relating to public works projects and payment of
prevailing wage rates visit ERDatwvwmv.ndbwagehourbmpa.00mmor contact them at:
Employment Relations Division
Montana Department of Labor and Industry
P.O. Box 2O15U3
Helena, h$T5802D-15O3
Phone 406-444-5600
TOD4OG-444-554Q
The Labor Standards Bureau welcomes questions, comments and suggestions from the ��>��on,w�N
d
do our best tm provide infonm�ominmn accessible fonma�on request, Tn compliance vx'hthe Americans with
Disabilities Act.
MONTANA PREVAILING WAGE REQUIREMENTS
The Commissioner ufthe Department of Labor and Industry, in accordance with Sections 18'2-4O1 and ?8-2-402ofthe
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 18-2-40 1, et seq,, Montana Code
Annotated. It is required that each employer pay, as a minimum, the rate of wages, including fringe benefits, travel
allowance and per them applicable to the district inwhich the work is being performed, as provided in the attached wage
determinations.
All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the
Labor Standards Bureau at(4O6)444'58OOorTDD(4D6)444-554S.
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 wurka r� tsandpaymentof
pnsvoiDngm/a0erohyo p�e��eoon�u�thenz�w|atimnsonthe�mbannedo�vuwvm �w � '
" .mm �ge �uroopa,00nnnrcomtacdtheLabor
Standards Bureau at(4O6)444-50ODorTDD(406)444-5549.
KEITH KELLY
Commissioner
Department cf Labor and Industry
State afMontana
K4rOTXqOWTFP FIL W
A. Date of Publication .......... ................................................. ........ ............. .............. .................. 2
B Definition of Highway Construction ..... ... - - .......... ___ ......................................... ........................ _ _ _ 2
C Definition of Public Works Projects ... ......................... ....................... .......... __ .......................... ........... 2
DPrevailing Wage Schedule ................. ..................... _ .... ___ .......................................... _ ................ 2
E. Rates to Use for Projects ........... ......... ....... .......................... ...... .............. ........................................... 2
FFringe Benefits ......... _ .................. .................................................................. 3
G. Apprentices _ ........ ............. __ ............. ...... .......... ...................... ............. ....... ...... 3
K Posting Notice of Prevailing Wages ............................... ........ ........ ......... ...... ................ 3
6. Employment Preference .......... ........ _ ....................... .......................... ....... ................. .................. 3
WageRates __ ................. ....... ....................... _ ............................................. .......................... 4-8
A. Date of Publication — February 12, 2010
13. Definition of Highway Construction
The Administrative Rules of Montana (ARM) 24.17,501 (3) — (3)(a), Pubtic Works Contracts For Construction Services
Subject to Prevailing Rates, states: "Highway construction projects include, but are not limited to, the construction,
alteration, or repair oftoads, streets, highways, runways, taxiways, alleys, trails, paths, and parking areas, bridges
constructed or repaired in conjunction with highway work, and other similar projects not incidental to building
construction or heavy construction.
Highway construction projects include, but are not limited to, alleys, base courses, bituminous treatments, bridle paths,
concrete pavement, curbs, excavation and embankment (for road construction), fencing (highway, grade crossing
elimination (overpasses or underpasses), guard rails on highwqvs, highway signs, highway bridges (overpasses,
underpasses, grade separation), medians, parking lots, parkways, resurfacing streets and highways, roadbeds, roadways,
rumvqvs, shoulders, stabilizing courses, storm sewers incidental to road construction, street paving, surface courses,
taxiways, and trails. -
Federal Davis-Bacon wage rates as published in U.S. Department of Labor General Wage Decision No. MT080001
Modification No.2 have been adopted by the Montana Department of Labor and Industry for use in Highway Construction
projects and are included in this publication. These rates apply statewide or as shown in MT080001 Modification No, 2.
C. Definition of Public Works Projects
The Montana Code Annotated (18-2401 (11)(a)) defines 'public works contract" as "a contractfor construction
services let by the state, county, municipality, school district, or political subdivision odor nonconstruction services let
by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of $25,000_
D. Prevailing Wage Schedule
This publication covers only Highway Construction occupations and rates in the specific localities mentioned herein.
These rates will remain in effect until superseded by a more current publication. Current prevailing wage rates schedules
for Building Construction, Heavy Construction and Nonconstruction Services occupations can be found on the internet at
www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444-5549.
E. Rates to Use for Projects
Rates to be used on a public works project are those that are in effect at the time the project and bid specifications are
advertised,
F. Fringe Benefits
Section 18 -2 -412 of the Montana Code Annotated states:
"(1) To fulfill the obligation ... a contractor or subcontractor may
(a) pay the amount of fringe benefits and the basic hourly rate ofpay that is part of the standard prevailing rate of rouges
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 ode program approved
by the U. S department of labor; or
(c) make pavments using an combination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of
payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel
allowances, applicable to the district for the particular type of work being performed.
(2) Thefiringe benefrtfund, plan, or program described in subsection (1)(b) mustprovide benefits to workers or employees
for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs
that meet the requirements of the Employee Retirement Income Security .4ct of 1974 or that are approved by the U. S.
department of labor. "
Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be
considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in
effect that specifies otherwise,
G. 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.
H. Posting Notice of Prevailing Wages
Section 18- 2-406, Montana Code Annotated, provides that contractors, subcontractors, and employers who are
"performing work or providing construction services under public works contracts, as provided in this part, shall past in
a prominent and accessible site on the project or staging area, not later than the first day of work and continuingfor the
entire duration of the project„ a legible statement of all wages to be paid to the employees. "
1. Employment Preference
Sections 18 -2403 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.
3
MONTANA STATEWIDE PREVAILING
DAVIS-BACON
1111�o�j�
nilmr� i�
General Wage Determinations Issued Under
the Davis-Bacon and Related Acts
G. �111 .1
Construction Types: Highway
Counties: Montana Statewide.
0
**ZONE PAY**
CEMENTS MASONS, IRON WORKERS, LABORERS, POWER EQUIPMENT OPERATORS, TRUCK DRIVERS
The hourly wage rates applicable to each project shall be determined by measuring the road miles over the shortest
practical maintained route from the County Courthouse of the following 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 - Free
ZONE 2: 30 to 60 miles - Base Pay + $2,50
ZONE 3: Over 60 miles - Base Pay + $4.00
CARPENTERS:
ZONE 1: 0 to 30 miles - Free
ZONE 2 30 to 50 miles - Base Pay + $3.00
ZONE 3: Over 50 miles - Base Pay + $4.80
AREA 1: Beaverhead, Deer Lodge, Granite, Jefferson, Madison, Silver Bow, and Powell Counties
AREA 2: Big Horn, Carbon, Carter, Custer, Dawson, Fallon, Garfield, Golden Valley, Musselshell, Powder River, Prairie,
Rosebud, Stillwater, Treasure, Wibaux, and Yellowstone Counties
5
Rates
Fringes
CARPENTER
Carpenter, Piledriverman
$22.71
$8.85
Millwright
---------------------------------------------------------------
$24.78
$8.85
Rates
Fringes
CEMENT MASON/CONCRETE FINISHER
$21-37
$8.50
----------------------------------------------------------------
Rates
Fringe
ELECTRICIAN
Area 1
$18.74
$2.93 + 18%
Area 2
$20.13
$4.76+3.8%
Area 3
$19.98
$3.44+3.8%
Area 4
$19,84
$3.51 +3.8%
Area 5
$20,54
$3.54+3,8%
Area 6
$18.02
$3,44+3.8%
LINE CONSTRUCTION
Rates
Fringes
Equipment Operator
$19.16
$5.05
Groundman
$15.40
$5.05
ELECTRICIANS AREA DESCRIPTIONS
AREA 1: Beaverhead, Deer Lodge, Granite, Jefferson, Madison, Silver Bow, and Powell Counties
AREA 2: Big Horn, Carbon, Carter, Custer, Dawson, Fallon, Garfield, Golden Valley, Musselshell, Powder River, Prairie,
Rosebud, Stillwater, Treasure, Wibaux, and Yellowstone Counties
5
AREA 3: Blaine, Cascade, Chuuteau. Daniels, Fergus, Glacier, Hill, Judith Basin, Liberty, MuCone, Petroleum, Pondero,
Phillips, Richland, Roosevelt, Sheridan, Teton, Toole, Valley, and Wheatland Counties
AREA 4: Bnzadwaber, Lewis and Clark, and Meagher Counties
AREA 5: Flathead, Lake, Lincoln, Mineral, Missoula, RavaUi and Sanders Counties
AREA 6. Gallatin, Park, and Sweet Grass Counties
IRONWORKER
Flathead, Glacier, Lake, Lincoln, Mineral, Missoula and Sanders Counties
Rates Fringes
Remaining Counties
$25.58 $14.30
Rates Fringes
$23.15 $1371
GROUP 1: Flag person
GROUP 2: All General Labor Work; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason
Tender; Cement Handier Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-Lay Down; Crusher and
Batch Plant Worker; Fence Erector; Form Setter; Form Stripper; Heater Tender; Landscaper; Pipe Wrapper; Pot Tender;
PowdermmnTandmr|RaiiondTnuoNLosdomandUnkoadem;Ripmopp*r|Soa|antyfurComomteumdothermatehm(m;Bign
Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman; Tail Hoeemen; Tool Checker and
Houseman; Traffic Control Worker.
GROUP 3: Concrete Vibrator; Dwmnpmmn (Grademan); Equipment Handler; Geotaxti|eond Liners; High-Pressure
Nozz|eman; Jackhammer (Pavement Braoker); Laser Equipment; Non-riding Rollers; pipo|ayor; Pesthole Digger (power);
Power Driven Wheelbarrow; Rigger; Sandblaster; Sod CuttepPowecTampers,
GROUP 4: AmhpaltRahor; Cutting Torch; Grade Setter High-Scaler; Power Saws (Faller &Cmnorete); Powdnnnen
($1.00 per hour above Group 4 rate); Rock & Core Drill; Track or Truck Mounted Wagon Drill; Welder including Air Arc.
R
Rates
Fringes
LABORER
Group
$17.18
$0.75
Group
$19.87
$6.75
Group
$2017
$8.75
Group
$21.07
$6.75
LABORERS CLASSIFICATION
GROUP 1: Flag person
GROUP 2: All General Labor Work; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason
Tender; Cement Handier Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-Lay Down; Crusher and
Batch Plant Worker; Fence Erector; Form Setter; Form Stripper; Heater Tender; Landscaper; Pipe Wrapper; Pot Tender;
PowdermmnTandmr|RaiiondTnuoNLosdomandUnkoadem;Ripmopp*r|Soa|antyfurComomteumdothermatehm(m;Bign
Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman; Tail Hoeemen; Tool Checker and
Houseman; Traffic Control Worker.
GROUP 3: Concrete Vibrator; Dwmnpmmn (Grademan); Equipment Handler; Geotaxti|eond Liners; High-Pressure
Nozz|eman; Jackhammer (Pavement Braoker); Laser Equipment; Non-riding Rollers; pipo|ayor; Pesthole Digger (power);
Power Driven Wheelbarrow; Rigger; Sandblaster; Sod CuttepPowecTampers,
GROUP 4: AmhpaltRahor; Cutting Torch; Grade Setter High-Scaler; Power Saws (Faller &Cmnorete); Powdnnnen
($1.00 per hour above Group 4 rate); Rock & Core Drill; Track or Truck Mounted Wagon Drill; Welder including Air Arc.
R
Rates Fringes
PAINTER $24.00 $8.00
Pavement Marking/Milling and related work. Includes ' ~ marking and all other equipment and all work involved in
traffic including removal, surface preparation application ap oatio .of pavement markings including epoxies, paints,
tape, buttons, products for hmffi� mmmrkingpurposes and for dimeo�ngand p regulating
traffic, and cutting Rumble Strips.
GROUP1: A-Frame Truok Crane; Air Compressor; Auto Fine Grader; Belt Finishing Machine; Boring "
Machine (small);
Cement SUo.Crane; Crusher DVY-1O.16, and 28Tnyc�rRm|�� Farm Tnscb��Fodd�tFurm'Gnada��
�
Loader under 1cu yd; O||eHeavy [>uLyD6|/s,Pucnpmam;OUor(�|, except Cranes and Shove|o). Front-End
GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to & incl 3 cu yd Bit Grinder; Bitunimous Paving Travel Plant; Boring
Machine, large; Broom, Self-Propelled; Concrete Bucket Dispatcher; Concrete Conveyor; Concrete Finish Machine;
Concrete Float and Spreader; Concrete Travel Batnher;Distributor; Dozer, Rubber Tired, Push, and Side Boo' Q�"i|e
Heavy Duty (aU types); Elevating �
Elevating �rod�GnadaU; Field Equipment Serviceman, Front-End Loader rn or 1 cu yd hz and ` i» ^| '
ou yd; < �nadaSmNo�Ho|o�Tuggerb 4 UHydma|Nf&Simi|a�;Industrial Locomotive; ^ebn ` Finish); +
in
Skidde�0���
|enanom&Shovels; Pavenm*ntBnaoke��N
�SCO; Power Saw, G* f Propelled,
mK mpo
| 'p u " /«/vw^m
Machine; Punch Tm . Rollers �o|h� ,. Asphalt Finish and Bmaakdown)' . -- nvsx Carrier', xunomi" p ~�U under "p^ ""= `=/vu,
Machine; Washing/Screening Plant.
u ft; Trenching
GROUP 3: Asphalt Finish Roller; Asphalt Breakdown Roller; Asphalt Paving Maohin��Backh ov�harger
than 3uu yd; Aooh���cn�e�'�onup*�oB��hP|ent'��b| .ayHig�Un�'�onor��eCuhn ��~~�-~~`~~''~~'
___ . , ",, , � Machine; 24 tons &
umde�{�nsnem,Creta� Cranes, E�ctdcOverhead; Conon�e 'unm~��urb�-- -�-=-^pa~`' Finish
N and S ^ Machine/Slip -'-'^^ ``'` "°��
YoC���ren�EndLoode�over5cuyd� over; �nsper, Single Engine; Twin orpu|QngBelly Dump; Yo
GROUP 4. Asphalt/HutPlant Operator; Cranes, 25 tons to44 tons; Crusher Opmnahmr Finish Patrol; Finish
Scraper.
^ '
SPECIAL OPERATORS:
GROUP 5: Cranes, 45 tons ba and including 74tons
GROUP 8/ Cranes, 75 tons to and including 149 tons
GROUP 7: Cranes, 15B tons to and including 2O0tons; Cranes over 250tons: add $l.O0 for every 1QO tons over 25O
Rates
Fringes
POWER EQUIPMENT OPERATOR
Group
$21.52
$8.00
Group
$33.55
$8.80
Group
$2441
$8.00
Group
$25.10
88.00
Group 5
$2844
$8.00
Gm �
a�
$27.13
KU0
Gm 7
Group
$2923
$8.00
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP1: A-Frame Truok Crane; Air Compressor; Auto Fine Grader; Belt Finishing Machine; Boring "
Machine (small);
Cement SUo.Crane; Crusher DVY-1O.16, and 28Tnyc�rRm|�� Farm Tnscb��Fodd�tFurm'Gnada��
�
Loader under 1cu yd; O||eHeavy [>uLyD6|/s,Pucnpmam;OUor(�|, except Cranes and Shove|o). Front-End
GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to & incl 3 cu yd Bit Grinder; Bitunimous Paving Travel Plant; Boring
Machine, large; Broom, Self-Propelled; Concrete Bucket Dispatcher; Concrete Conveyor; Concrete Finish Machine;
Concrete Float and Spreader; Concrete Travel Batnher;Distributor; Dozer, Rubber Tired, Push, and Side Boo' Q�"i|e
Heavy Duty (aU types); Elevating �
Elevating �rod�GnadaU; Field Equipment Serviceman, Front-End Loader rn or 1 cu yd hz and ` i» ^| '
ou yd; < �nadaSmNo�Ho|o�Tuggerb 4 UHydma|Nf&Simi|a�;Industrial Locomotive; ^ebn ` Finish); +
in
Skidde�0���
|enanom&Shovels; Pavenm*ntBnaoke��N
�SCO; Power Saw, G* f Propelled,
mK mpo
| 'p u " /«/vw^m
Machine; Punch Tm . Rollers �o|h� ,. Asphalt Finish and Bmaakdown)' . -- nvsx Carrier', xunomi" p ~�U under "p^ ""= `=/vu,
Machine; Washing/Screening Plant.
u ft; Trenching
GROUP 3: Asphalt Finish Roller; Asphalt Breakdown Roller; Asphalt Paving Maohin��Backh ov�harger
than 3uu yd; Aooh���cn�e�'�onup*�oB��hP|ent'��b| .ayHig�Un�'�onor��eCuhn ��~~�-~~`~~''~~'
___ . , ",, , � Machine; 24 tons &
umde�{�nsnem,Creta� Cranes, E�ctdcOverhead; Conon�e 'unm~��urb�-- -�-=-^pa~`' Finish
N and S ^ Machine/Slip -'-'^^ ``'` "°��
YoC���ren�EndLoode�over5cuyd� over; �nsper, Single Engine; Twin orpu|QngBelly Dump; Yo
GROUP 4. Asphalt/HutPlant Operator; Cranes, 25 tons to44 tons; Crusher Opmnahmr Finish Patrol; Finish
Scraper.
^ '
SPECIAL OPERATORS:
GROUP 5: Cranes, 45 tons ba and including 74tons
GROUP 8/ Cranes, 75 tons to and including 149 tons
GROUP 7: Cranes, 15B tons to and including 2O0tons; Cranes over 250tons: add $l.O0 for every 1QO tons over 25O
Group 1
Group 2
GROUP i: Pilot Car
Rates Fringes
$18.54 $7.86
$23.69 $7,86
GROUP 2: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman;
Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver;
Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment;
Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks.
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
8
PERFORMANCE 13OND BOND NO.1000824304
KNOW ALL MEN BY THESE PRESENTS:
SWEET PEA
AERICAN CONTRACTORS That we, the undersigned, LAND3CAPING, INC. as Principal, and
INDEMNITY COMPANY a corporation organized and existing under and by �virtue of the Jaws of the State of
CALIFORNIA and duly authorized to transact business in the State of MONTANA , as Surety, and held
'.XTY SIX and firmly bound unto the Cily of Bozemani (Sponsor) in the penal sum of
IOUSAND NINE HU ED EIGHTY JWO Dollars (100% of Contract Value) ($.66,982. 00, lawful money of the
United States of America, for the payment of which well and truly to be made the said Principal and
the said Surety do hereby bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents, as follows:
The condition of the above obligation is such that:
WHEREAS, the said principal has entered into a written contract with the Sponsor for
improvements to -Q—ePot Park located a# 13o in the State of Montane, inconformity with the
drawings, plans, general conditions, and specifications prepared by Thomas, Dean & Hoskins, Inc.,
of Bozeman, Montana, which contract drawings, plans, general conditions, and specifications are
hereby referred to and made a part hereof, the same to all intents and purposes as if written at
length herein, in which contract the said Principal has contracted to perform the work specified in
said contract in accordance with the terms hereof.
Now THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that if the above
banded Principal shall well, truly, and faithfully perform said contract and any alterations in and
additions thereto and comply with all of the terms and provisions thereof except that no change will
be made which increases the total contract price by more than twenty-five percent in excess of the
original contract price without notice to the Surety, then this obligation to be void o therwise t
, and shall fully indemnify and save harmless the Sponsor
remain in full force and virtue, and compl (i a rwis a
for all damages, claims, demands, expenses and charge of every kind (including claims of patent
infringement) arising from any act omission, or neglect of said Principal, his agents, or employees
With relation to said work; and shall fully reimburse and repay to the Sponsor all costs, dam
and expenses which they may incur in making good any default based upon the failure of the
Principal to fulfill his obligation to furnish maintenance, repairs orreplacements forthefull guarantee
period provided in the specification contained herein then this obligation shall be null and void,
otherwise it shall remain in full force and effect.
Further conditions of the foregoing obligations are such that the Principal and Surety will
guarantee the work performed underthis contract againstdefects in workmanship performed bythe
Principal and all defects in materials fumished by him which appearwithin a period of one calendar
year after the final acceptance of the work by the Owner. Under this guarantee, the Principal and
Surety shall repair or replace all defective workmanship and material provided by the Principal
appearing within one year after the completion and acceptance of the work, at no cost to the
Sponsor.
PROVIDED FURTHER, that the surety, forvalue received, herebystipulates and agrees that
no change, extension of time, alteration, or addition to the terms of the contract orto the work to be
performed thereunder, or the specifications accompanying the same shall in anywise affect its
obligations of this bond, and it does hereby waive notice of any such change, extension of tirna,
alteration, or addition to the terms of the contract or to the work, or the specifications.
IN WITNESS WHEREOF, said Principal and Surety have set their hands and seals at
BOZEMAN —,this 15TH day of APRIL —, 201O, AD,
SWEET PEA LANDSCAPING, INC.
Principal (Contractor)
By:
Attest
AMERICAN CONTRACTORS INDEMNITY COMPANY
(Acoornpany this bond with Aftomey-In-Facfs authorityfrom the Surety to execute bond, certified to
include the date of the bond.)
BOND NO.1000824304
KNOW ALL MEN BY THESE PRESENTS:
SWEET PEA AMERICAN CONTRACTORS
LANDSCAPING, INC. -
That we, the undersigned., _ as Principal, andINDMENITY COMP4ij� Y
corporation organized and existing under and by virtue of the laws of the State of
CALIFORNIA , and duly authorized to transact business in the State o f MONTANA , as Surety, and
held and firmly bound unto the City , of Bozeman (Sponsor) in the penal sum of
SIXTY SIX THOUSAND NINE JIIINDR> D EIGHTY Two Dollars (100% of Contract Value) ($_±6,98 ), lawful
money of the United States of America, for the payment of which well and truly to be made the said
Principal and the said Surety do hereby bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents, as follows.
The condition of the above obligation is such that
WHEREAS, the said principal has entered into a written contract With the Sponsor for
improvements to Depot Park located at Bozeman in the State of Montana, in conformity With the
drawings, plans, general conditions, and specifications prepared by Thomas, Dean & Hoskins, Inc.,
of Bozeman, Montana, which contract drawings, plans, general conditions, and specifications are
hereby referred to and made a part hereof, the same to all intents and purposes as if written at
length herein, in which contract the said Principal has contracted to perform the work specified in
said contract in accordance with the terms hereof.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that if the above
Principal shall well, truly, and faithfully satisfy all claims and demands incurred by the Principal in the
performance of said contract and anyalterations in and additions thereto, exceptthat no change will
be made which increases the total contract price by more than twenty -five percent in excess of the
original contract price without notice to the Surety, then this obligation to be void, otherwise to
remain in full force and virtue, and comply; and shall satisfy all claims and demands incurred bythe
Principal In performance of this contract, and shall fully indemnify and save harmless the Sponsor
from all damages, claims, demands, expense and charge of every kind (including claims of patent
infringement) arising from any act, omission, or neglect of said Principal, his agents or employees
with relation to said work; and shall fully reimburse and repay to the Sponsor all costs, damages,
and expenses which they may incur in making good any default based upon the failure of the
Principal to fulfill his obligation to fu mish maintenance, repairs o r replacements for the full guarantee
period provided in the specification contained herein and a condition of this bond shall be that the
contractor shall at all times promptly make payments of all amounts lawfully due to all persons
supplying or furnishing him or his subcontractors with labor and materials used or performed in the
prosecution of work provided for in the above contract, and that the undersigned will indemnifyand
save harmless the Owner for the extent of any and all payments in connection with the carrying out
of such contract, then this obligation shall be null and void, otherwise it shall remain in full force and
effect.
PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, materials,
team hire, sustenance, provision, provender, gasoline, lubricating oils, fuel oils, grease, coal, or any
other supplies or materials used or consumed by said Contractor or his subcontractors in
performance of the work contracted to be done, the Surety will pay the same in any amount as
provided by law.
PROVIDED FURTHER, that the Surety, forvalue received, hereby stipulates and agrees that
no change, extension of time, alteration, or addition to the terms of the contractor Or th
specifications accompanying the same shall in anywise affect its obligations of this bond, and it does
herebywaive notice of anysuch change, extension of time, alteration, oraddition to the terms of the
contract or to the work, or the specifications.
IN WITNESS WHEREOF. said Principal and Surety have set their hands and seals at
BOZEMAN —, this 15TH day of APRIL —, 20 10 A.D.
SWEET PEA LANDSCAPING, INC.
Principal (Contractor)
': 4,
Attest
AMERICAN CONTRACTORS INDEMNITY COMPANY
(Accompany this bond with Afforney-In-FaGfs authority from the Surety to execute bond, certified to
include the date of the bond.)
I—
CERTIFICATE CIF LIABILITY INSURANCE OP ID CS DATE I MM1DDffYYY)
SWEE-10 04/15/10
PRODUCER H C R FIC AEI t ISSUED Afg A MATTER OF INFORMATIOI�
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Western States Ins - Bozeman HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1283 N. 14th Ave, Ste 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Bozeman MT 59715 i
Phone; 406-586-3351 Fax: 406 --586 -0437 INSURERS AFFORDING COVERAGE 'NAIC #
MUMM
INSURER A Liberty Northwest Ins Corp
INSURER B
Sweet Pea Landscaping, Inc. INSURER C------,
70 Lodge Lane NS
Bozeman MT 59718 IN a
I 1 - U - R E R E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
DUL
POLICY NSRE POLICY NUMBER LICY EXPIRATION
LTR TYPE OF IN S U RANC E LD�ATE (MMIDDfYYYYj I LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
l
$ -, 0 0 0 , 0 00
1
A
X COMMERCIALGENFRAL LIABLIrY
4-�
I BRO10537331175 07/07/09 07/07/10
PRE MIE15 =Ea occurerice}
$100,000
CLAIMS MADE OCCUR
ME D EXP (Any one person)
$10,000
$1,000,000
PERSONAL& ADV INJURY
GENERAL AGGREGATE
s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
P RODUCTS - COMPIOP AGG
s2,000,000
RO
POLICY 7 P E LOC
Cj
AUTOMOBILE LIABILITY
A
COMBIN ED SINGLE LIMIT
X ANY AUTO BBA1053733875 07/07/ (Ea 09 07/07/10 acadent)
�$1,000,000
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS I . (Per pemon)
$
HIRED AUTOS
5 DILY INJURY
7 (po-
NONWNEDAUTOS I accident)
-O
$
PROPERTY DAMAGE
(Per amderd)
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
$
ANY AUTO
OTHER THAN EA AGO
S
S
AUTO ONLY
F-XCESS I UMBRELLA LIABILITY
-7
EACH OCCURRENCE $1,000,000
A
[X OCCUR 7 1 BINDERCN
04/15/10 07/07/10 AGGREGATE $ l 000,000
DEDUCTIBLE
i
RETENTION $
s
WORKERS COMPENSATION
I WC,9TATU-
AND EMPLOYERS' LIABILITY YIN '
I TORY LIMITS
- LfELR "-
t
ANY PROPRIETCRIPARTNER)EXECUTIV
OFFICER/MEMBER EXCLUDED>
i E L EACH ACCIDENT
s
E. SEASE - EA EMPLOYE
----OY-
�$-
(Mandatory in NH)
If yes, desrdbe under
E L D ISEASE - P OLICY LIMIT
IT
- � — -
S
SPECIAL PROVISIONS below
OTHER
! L
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Owner, Engineer, and Engineer's Consultants are listed as additional insured
per blanket additional insured form CG 8415.
RE LTOB: Depot Park, Bozeman, Montana
k,r-rx i tri%-m i r- nui-Limix LoANtoti-I-A I IUN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIC
CITyBOZ 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
121 North Rouse REPRESENTATIVES.
AUTHOR 7fO REfRESENTATr / 1 �
Bozeman MT 59715 A A ,
the ACORD name and logo are registered marks of ACORD
If the certificate holder haen ADDITIONAL INSURED, the poDuyUas must be endorsed. Aebabamend
on this certificate does not confer rights 8o the certificate holder in lieu of such endumementNA.
U SUBROGATION 0 WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder |n lieu of such endomernanths.
DISCLAIMER
This Certificate of Insurance does not constitute econtract between the issuing insurer(s).authorized
representative or producer, and the certificate holder, nor does it affirmatively ur negatively amend,
extend or after the coverage afforded by the policies listed thereon.
FINNII
CERTIFICATE OF LIABILITY INSURANCE OP ID CS DATE IMMIDUtYYYY)
SWEE-1 o L04/15/10
PRODUCER THIS CERTIFICATE It ISSUED AS A MATTER OF INFOFTM=TIO�
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Western States Ins - Bozeman HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1283 N. 14th Ave, Ste 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Bozeman MT 59715
Phone: 406.586 -3351 Fax: 406- 586 -0437 INSURERS AFFORDING COVERAGE NAIC #
INSURED - - ----
I NSURER A. Libe_rty Northwest Ins
INSURER B
Sweet Pea Landscaping, Inc. INSURER C
70 LodgeF le Lane INSURER D
,i �
I Bozeman 59718 1 INSURER E
COVERAGES
THE POLICI OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIL) CLAIMS.
— COLIC vFWv CvEF YEXPIRA N
PbUC
LTRIINSRO TYPE OF INSURANCE POLICY NUMBER DATE IMMIDDNYYY)I:DATF- (MM/DDrfYYY) LIMITS
GENERAL LIABILITY
---
EACH OCCURRENCE
I
COMMERCIAL G
I EN—A-1–B-1–
"A=
rDA
REMSE1 11=)
CLAIMS MADE OCCUR
�MEDFXP (Any one person)
1 PERSONAL &ADV INJURY
S
_GENORALAG�GREGATE
GEN'L AGGREGATE UMIT APPLIES PER
S
PRODUCTS - COMPIOP AGG
_'....__________
PRO- 1--]
L�]
POLICY JECT LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
i ANY AUTO
(F-a Acdclent)
ALL OWNED AUTOS
SCHEDULEDAUTOS
BODI INJURY
(Per�person) I
HIREDAUTOS
BODILY INJURY
NON -OWNED AUTOS
(Peramdent)
PROPERTY DAMAGE
(Peraccideni) S
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
ANY AUTO
OTHER THAN _EA ACC $
AUTO ONLY AGG i
EXCESS I UMBRELLA LIABILITY
EACH OCCURRENCE
S
OCCUR CLAIMS MADE
AGGREGATE
DEDUCTIBLE
$
RETENTION
$
WORKERS COMPENSATION
D E MPLOYERS* LIABIL ITY
jWC STA
"Y L'M' 3
L
A
ANY PROPRI ETOR/PARTNER)EXECUTIVED WC 4 – 1NC – 0 17 5 3 7NO 1 07/01/09
OFFIOEPJMEM8ER EXCL UDED?
07/01/10
E L EACH ACCIDENT
_
$1,000,000
IMandatory in NHj
E L DISE AjW
1, 000 " 000
Ryes descroeunde
EA EMPL OYE
SPECIAL PROVISIONS below
E L DISEASE-POLICYLIPAIT
SI
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE JOB: Depot Park, Bozeman, Montana
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITyB0Z DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL,
City of Bozeman IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
121 North Rouse REPRESENTATIVES.
Bozeman MT 59715
AUTHOR3fDRErRIE$ENTjT1r 1
A
the ACORD name and logo are registered marks of ACORD
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or after the coverage afforded by the policies listed thereon.
Local Government Grants
RECOVERY FUNDS CUMULATIVE MONTHLY REPORT FORM
Cumulative HB 645 Recovery Funds Reports are due no later than the first Friday of each
month during the term of the contract agreement. The Grantee must report, at a minimum, for
itself and all contractors, subcontractors, and sub-recipients, cumulatively since the start of the
Project.
REPORT ON THE
Report Date:
Reporting Period:
FOLLOWING
1015/2009
09101-0913
A, Project Name
Street Repairs
B, Contract Number
MT- STMGF-60-MP-000
C. County, City and Zip
Code
Lewis & Clark, Helena, 59601
D. Current Status of the
Project
A (Not Scheduled, Scheduled,
Actfve, Finished or Cancelled)
E. Name and Physical
Contractor Name City, State
XYZ Excavators
Helena, MT
Location of all primary
contractors,
subcontractors, and
sub-recipients engaged
in any of the activities
described in Section 6
SCOPE OF WORK of
this CONTRACT
F. Quantity (cumulative
21,000
total of recipients
served)
G. Unit of Measure (type of
recipient served)
Number of people or households served
H. Expenditure Total (the
$10,000.00
cumulative dollar
amount of expenditures
charged to this stimulus
contract to date)
Page I of 5
Montana, Department of Commerce MONTHLY REPORTING FORM
(Revised 91 1 /2009)
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ri
NOTICE OF AWARD
TO: Sweet Pea Landscaping Dated: 4/5/2010
ADDRESS: 260 lee Center Lane Bozeman MT 59718
PROJECT: Depot Park
CONTRACT FOR: Depot Park Project
You are notified that your Bid dated for the above Contract has been considered. You are the
apparent Successful Bidder and have been awarded a Contract for: City of Bozeman Depot Park The
Contract Price of your Contract is: Sixty Six Thousand Nine Hundred Eighty Two Dollars ($ 66.982.00 ).
Copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
Sets of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen (15) days of the date of
this Notice of Award, that is, by April 20, 2010
1. You must deliver to the OWNER fully executed counterparts of the Agreement including all the
Contract Documents and Drawings..
1 You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the
Instruction to Bidders (paragraph 18), General Conditions (paragraph 5.1) and Supplementary
Conditions (paragraph SC -5.1).
1 List other conditions precedent: Required Bonds and Insurance Certificates and evidence of
Worker Com ensation Insurance as required in the General Conditions and Su ementa
Conditions.
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 one fully
signed counterpart of the Agreement with the Contract Documents attached. y ` ' ` " ' ° > r
CITY OF :M7L' ATT , BY:
(CITY MANAGER)
IN CO
DATE: APPROVE AS T RM:
BY:
(CI Y A 0R.NEY)
Tf
DATE 6-0
PROJECT Depot Park
, I —
You are hereby notified to commence work in accordance with the Agreement dated AW
20 R) ,
ACCEPTANCE OF NOTICE:
Receipt of the above NOTICE TO PROCEED
is hereby ack OW5 ledged by:--.,.-
this the
day of o 2
o OIL
BY 90,11
TITLE Pr ej 1�4�
THIS PAGE INTENTIONALLY LEFT BLANK
M a � �01 9 �
*RDER NO, E
AGREEMENT DAT
NAME OF PROJECT Park
OWNER City of Bozeman
CONTRACTOR
The following changes are hereby made to the CONTRACT DOCUMENTS.
Justification:
Change to CONTRACT PRICE:
Original CONTRACT PRICE:
Current CONTRACT PRICE adjusted by previous CHANGE ORDER: $
The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by:
The new CONTRACT PRICE including this CHANGE ORDER will be $
CHANGE of CONTRACT TIME:
The CONTRACT TIME will be (increased)(decreased)by calendar days.
The date for completion of all work will be
Recommended by:
Ordered by:
(date).
Accepted by:
THIS PAGE INTENTIONALLY LEFT BLANK
Field Ordm"M
No. 71
Date of Issuance:
Effective Date:
Project: Owner; Owni
Depot Park City of Bozeman N/A
Depot Park
Date of Contract
Contractor: I Engmeer's Project No - B09-054-002
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: (List documents supporting changqJ.-
Receipt Acknowledged by (Contractor): )ate:
Copy to Owner
FJCDC No. C-942 (2002 Edition) Page I of I
Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the
Associated General Contractors of America and the Construction Specifications Institute.
THIS PAGE INTENTIONALLY LEFT BLANK
EJCDC No. C-942 (2002 Edition) Page 2 of 2
Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the
Associated General Contractors of America and the Construction Specifications Institute.
0 a 941[ey.1 I fflijffi���l
To: City of Bozeman (OWNER)
From, (CONTRACTOR)
Contract:
Project:
OWNER's Contract No. ENGINEER's Project No. B09-054-002
For Work accomplished through the date of
L Original Contract Price
2. Net change by Change Orders and Written Amendments (+ or -):
1 Current Contract Price (1 plus 2):
4. Total completed and stored to date:
Retainage (per Agreement):
5. 5 %o of completed Work
5 % of stored material:
Total Retainage
6, Total completed and stored to date less retainage (4 minus 5):
7. Less previous Application for Payments:
8. DUE THIS APPLICATION (6 MINUS 7):
Accompanying Documentation:
CONTRACTOR'S Certification:
The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on
account of Work done under the Contract referred to above have been applied to discharge in full all obligations of
CONTRACTOR incur in connection with Work covered by prior Applications for Payment numbered I through
inclusive; (2) title to all Work, materials and equipment incorporated in said Work or otherwise listed in or
covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interest and encumbrances (except such as are covered by Bond acceptable to OWNER indemnifying
OWNER against any such lien, claim, security interest or encumbrance); and (3) all Work covered by this
Application for Payment is in accordance with the Contract Documents and not defective
Dated
RE
Payment of the above AMOUNT DUE THIS APPLICATION is recommended.
Dated
.0
CONTRACTOR
ENGINEER
EJCDC No. 1910-8-E (1996 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors Of America and
the Construction Specification Institute.
THIS PAGE INTENTIONALLY LEFT BLANK
'T'lork Change Directive
No.
Date of Issuance:
Effective Date:
Project: Owner: Owner's Contract No
Depot Park City of Bozeman N/A
Contract:
Depot Park
Engineers Project No • B09-054-002
Attachments (list documents supporting change):
Purpose for Work change Directive:
0 Authorization for Work described herein to proceed on the basis of Cost of the Work due to:
El Nonagreem ent on pricing of proposed change.
El Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time,
Estimated change in Contract Price and Contract Times:
Contract Price $
increase/decrease)
(increaseldecrease) Contract Time
days
If the change involves an increase, the estimated amounts are not to be exceeded without further authorization.
Authorized
by
by:
EJCDC No. C-940 (2002 Edition) Page I of I
Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the
Associated General Contractors of America and the Construction Specifications Institute.
You are directed to proceed promptly with the following change(s):
Approved by Funding Agency (if appheable) bale
THIS PAGE INTENTIONALLY LEFT BLANK
EJCDC No. C-940 (2002 Edition) Page 2 of I
Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the
Associated General Contractors of America and the Construction Specifications Institute.
� I
contractor
This [tentative] [definitive] Certificate of Substantial Completion applies to:
❑ All Work under the Contract Documents: F The following specified portions:
Completion
Date of Substantial
The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor and
Engineer, and found to be substantially complete, The Date of Substantial Completion of the Project or portion thereof
designated above is hereby declared and is also the date of commencement of applicable warranties required by the
Contract Documents, except as stated below,
A [tentative] [revised tentative] [definitive] list of items to be completed or corrected, is attached hereto. This list may not
be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor co
complete all Work in accordance with the Contract Documents,
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat,
utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as
follows:
❑ Amended Responsibilities
Owner's Amended Responsibilities:
❑ Not Amended
Contractor's Amended Responsibilities.
The following documents are attached to and made part of this Certificate:
This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a
release of Contractors obligation to complete the Work in accordance with the Contract Documents.
Executed by Enoneer Date
Accepted by Contractor Date
Accepted by Owner Date
EJCDC No. 0-625 (2002 Edition) Page of I
Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the
Associated General Contractors of America and the Construction Specifications Institute.
THIS PAGE INTENTIONALLY LEFT BLANK
EJCDC No. 0-625 (2002 Edition) Page 2 of 1
Prepared by the Engineers' Joint Contract Documents Cominittec, and endorsed by the
Associated General Contractors orAmerica and the Construction Specifications Institute.
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or
modification. This document should be adapted to the particular circumstances of the contemplated Project and the
Controlling Law,
STANDARD
GENERAL CON-DITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
Mational Sariety of
ACEC JFn_qjne0rs- ASW
hw-lec» 4'>Lxl n 0 F.�wswlwr' prolmkol 61 in P�basv Ptzdkv A-'�� --( Ct* 004""
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice dNision of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN COUNCIL OF ENGINEERING COMPANIES
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The Associated General Contractors of America
the MA Ewlronmom
Construction Specifications Institute
EJCDC 0 Standard General Conditions of the Construction COntracL
Copyright 0 2002 National Society ofProfess;9nal Engineers for EJCDC. All rights reserved.
00700 - 0
0
Copyright (D2002
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Council of Engineering Companies
101515th Street, N.W., Washington, DC 20005
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and
Contractor Nos. C-520 or 0-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a
change in the other. Comments concerning their usage are contained in the EJCDC Construction Doctunents, General and
Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the
Preparation of Supplementary Conditions (No. 0-800) (2002 Edition).
EJCDC 0-700 Standard Gtoemi Conditions of the Construction ContracL
Copyright 0 2002 National Society of Professional Engineers fax EJCDC. All rights reserved.
00700-1
`
TABLE OFCONTENTS
.
ARTICLE I-DEFlNlTDIN8AND
TERMJNOLOGY ............... - ...... '_____ ......... ... ........ -............. __--_5
1J01 Befined7er,nx
....... ... ____ ----_ ...... .......... ---._-'........ ...... ........ -_--__--- --- --_5
1 .02
.......... _ ........... ___ ................ ..... ...... ............. _ ............. ............. ...... _.............. .........
... 7
ARTICLE 2 -PRELIMINARY MAQ[D6RS-- ............. ........... —_-__—_....... ................. -...... ............................
V
2.01
Dolirwg,ufBonds and Evidence of 9}nsnramce--_----__ ........... ............ .................................. .......
---X
IO2 Copies
g{Documan*.---_ ......... ......... ........ ...................... -'_--_-'-........... ..................... .................
8
2 ,03
Commencement of Contract Times; Notice m Proceed ...... - ..... ......... ................................ -_..................
-8
2 ,04
Starting the Work .............. ......... ........ __ ...... _-- ....... __ ......... .......... _------'...... -.................. .......
A
� 105
Before Starting Construction ....... _ ..... ....... _ ___ ........................ ................ .- ..... .......... __ ............... .- .........
8
- 2,06
P"econuvuuion Conference _ .... ........ ...... ............ ....... ...... __ ...... ................ ....................... .......... .........
X
- 2.07
Initial Acceptance ofSchedn6es .......... ......... .................... ____ --- .... .......................... ....... ............. _--8
- ARTICLE 3- CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ...... -__--'--_--.................. .........
A
` 3.01
......... -- ...... _ ...... ......... ....... -____''---__ ....... .......................
9
3 .02
Reference Standards ......... - ---- ...... __-__—._................................................................. _ ...... . ........
.9
' 303
Reporting and Resolving Discrepancies .................... ...................... .......... _ ....... ................................. ............
A
3,04
Amending and Supplementing Contrac Documents --...................... _............... .............. -_~.................
]O
3 .05
Re of Documents. _ ...... '._ .......... __ ..... ........ ___........ ........ ........... .............. ____ --........ —...
1O
106
Electronic Dota- ................. ---_-.............. ___ ............ .......... ...... ......... - ...... '~............ -...... .........
.lV
ARTICLE 4-4VAlLABlLlTYOF LANDS; SlTB%DRFAIE AND PHYSICAL CONDITIONS HAZARDOUS
ENVIRONMENTAL CONDITIONS,- REFERENCE POINTS ............. --..... .......... __ .... ....... ......... ........ .............
']V
4.01
Availability ofLoops- ..... ___ ................ ....... - ...... --._...... ........ --........... _ ....................... ...... .....
lO
4.02
Jubs*rfacoand }hysicu/ Conditions_ -.--_ ............. ... ........ .............. .......... - ....... ........................ ..........
1]
4l3
Differing Subsurface », Physical Conditions .... .......... _---............. ....................... ... -. ...................
_l\
4 .04
Underground Facilities .......... .............. --_---- ...... ....... _--............. ....... ___ ....... .........................
12
� 4l8
8eferencePoints ........ _---....... ...... ......... ___ ........... ...... ......... ......... ^-- ........... - ...... ...... ........ ._12
4 .06
Hazardous Environmental Condition u* Site ...... __ ........................ ................................... ....... - ............... ~..l2
ARTICLE 5- BONDS AND INSURANCE .... ___ .......... ..... '. ................... ... ............ - .... .... _ ........ .- .........................
l3
. 5.01
}erfonvmnwe, Payment, and Other Bovus_ ... ............. ................................................. ..................... .........
_}3
�. 5.02
Licensed Sureties and Insurers ....... ................... -- .................... ................. _ ...................................... .....
I4
5.03
Certificates of 3nsuronme.- ........ -. ....... ____ ... .............. -_--_- ...... _ ........... --- ...............................
.I4
° 5.04
Contractor's Liability Insurance .... --............ ............ ----__........ -.... _- .... . ......... ...................... ........
14
5l5
Owner's Liability Inmumovo«- ............... ..................................... ............. -. .......................................... .............
K5
^ � 5.06
Property Insurance ............... ''- ................... - ................. ............. .................................... .....................
1S
� 5,07
Waiver ofRghtx ............. ................................ . ....... .......... ............................................... .......... ............ _ ___
16
-~ 5,08
Receipt
16
5 .09
-,-^~ .... ..............................
16
�- S.10
Partial Utilization Acknowledgment mrty Insurer .................. ....... ....................... -........ ....................
]7
, AD[[1CL86- 8 RESPONSIBILITIES ............... ....... .... ... ........ _~--^~ ....... ...................... ....... ------
17
6 �01
Supervision and Superintendence,.... ......... ....................... ...... ....... ____ .... ........ '............ ............. .............
17
� 0/2
Labor, Working Hours _'_' ........ ... ........................ ............ ......... ............... —............... ................. _ __
17
-~ 0.03
Services, Materials, and Equipment. ....... - ....... ___ .................. .............. ............... ......................... ~ ........
-l7
� 6,04
Progress Schndule---_ .... -._---.--'.......... . -__-____.-_-................................................
17
=-' 6.05
Substitutes and ^'-...... ___ ...... ____ ...................................... -_-.-~.~....... ...... ......... _.^~1$
' 6.06
Concerning Subcontractors, Suppliers, and Others ....... _-......... _......... .. ........ --.................. _--.........
l9
^ ^ 6,07
Patent Fees and /0!yulties- .................... .................. _.------__--............. ..................................... -_2O
6.08
Permits .................................... '_ ... ___ ..................................................................................... _ ...............
_20
6 .09
Laws and Regulations ...... .... ....... ......... '...... ................. . ................ .......... ~ . ____ ...........................
20
6.10
2arm_- ........ ............ ....... ..... ................ ............. .................. ............................................ .......... . ............. 21
''- 6.11
Use or6Jte and Ot6erArsos' .... '_.............. ____ _'...... .................. ............. ........... %l
612
Record Documents ....... __ ...... -.... - ............ ....... .......... -- ...................... ....... ................ _ ......... .......... �l
613
Safety and Protection ......... ........... ............... ....... ___ ......... ----_-.-............ ._ ........ ... ......... ----...
21
` 6.14
la
fiety Representative ....... _- .............................. ___ ............ _ ................. ........... .........................................
22
^ ss�ncc�~ n n�nu=mGono�/C"na�m � Construction ��
uonvnm
�
Copyright (D 2GO2 National Society of Professional Eneineers for EJCDC. All rights reserve&
6}6
Ema,genv�c--------~--_'-'_-__._-_--_-------------
22
6}7
Shop Drawings and Samples ................. .......... - ............... .......
- ......... ...... '--- ..... ...... ...... - ............ ^2
6.18
Continuing the Bo,k' ....................... ' ............ ......... ...... ...................
~_ ... ........ ...... .......................... .^3
6.19
Contractor's General D�rran� and Gvorunm«.~--_'-_.--____---_----._---__
32
6.20
Jn�vmn�oudon_-__---__'___----.------'~-----------
�3
h . 21
��r�c�----.^_--'_-__-'^--'--'----------__-_.
- - -
ARTICLE 7' OTHER WY)BK AT THE SITE --'_-------------
_ --'------------.'~-. 24
7,01
Rn�md Work c w��_-_--__'-----------'-------------------'----'
24
708
�nudun--_--'-_~---------------------------------'_'_-
Coordination
5
7.03
Legal Re�donxh -___-_____-_~'__-__-__-.____._____25
ARTICLE
D' OWNER'S RESPONSIBILITIES .................. ___ ......... --
........ ....... ----------................... ........ ^'
O.Ol
Communications /o Contractor .......... ................. .---_ ......
-. ...... ....................... ........ _--_--__^_ IS
X02
Replacement of E
2�
8.03
Furnbh Data .. ........ -_-__.............................. -~-_-----................
.................. ........ -- ........... ^5
8]04
Pay Ken Due ......... ___ ....... .......... -- .......... ............... ...........
..... '- ............... - ..................... - ................. ^'
8.05
Lands and Easements; Reports and ]enm_ ........... --------- ..................
...... ....................................... -_-_-25
8.06
1*suraw, ^ ._- ' ----______^____________________ , _________^__.__. 25
817
Change Orders ............. ___ ................... .. ....... -- .............. --...
................ -........ ..... _---..................... 25
8,08
inspections, Tests, und
'---'------ D
8109
Limitations omOxme''sxmspoozibumox ...... _.__........... --........
..................................... . ......... -''~-~^,
8.18
Undisclosed Hazardous Environmental (2nuition . ........
......... .......................................... ............. 26
8.D
Ep�ewo /��o�wma/ --_------_-_---.--_----_------__--_-_..
28
ARTICLE
9- ENGINEER S!ATuuuuRuvw CONSTRUCTION - ...........
......................... ......... -- .......... _-... ^.
9 .01
Owner's Representative. .............. --' .......... ..... -- ................
......... ......... ................... -- .......... ........ -^"
9�02
Visits u, Site ........................ -- ............. ........... ..........................
........... --- ............................... --- .... '~~
9.03
Projec R�r�en���-_ -- .............. -
---''
....... I.- 36
9 .04
Author Variations in Wor& ......... ...... ............. --- ..............
-............ _ ...... ................... _......... 2v
9 .05
B�ec��D�e��rWork _.---__---__-_-_-.~---^--------'-----'_--------'
20
9.06
Shop Drawings, Change (rde�and P�meno--_-----_--------_--_-----__-
9-07
C��}��e Work -------_--'-----'-''-'------------'-'----
27
9.08
Decisions on Re quirements ' of Contract Documents and Acceptability of lmork _----_--'--'_'--_'27
9,09
Limitations mn4mDineers Authority and Respons ___
.............. - ........ ............. -_---- ...... ........ 2'
AIDOCL21n- CHANGES QNTHE WORK; CLAIMS- ...... -- ............................
^ ....... ...... _- ....... ........... ............ .27
1O
�v&nr��C�ox�� /v,�e B���-_.--------__---------^~---'-------'----'---'
2 10,01
10.02
Dnou�m�edLhuo�sbn the Work -...--.-------------_---'^---`._-----...--_---'
28
10.03
Exonw�nqf Change D
0
10�04
Notification m Sure ........ ............ ............... ................. - .......................
................ - ............. -..__.-_`.- 28
10.05
{%rbnc---'--.--~.___-~----------'--~----'---
2D
ARTICLE U-COST OF THE WORK; M7 PRICE WORK ....... _ ........... ......... ................ -..'.z9
11l1Cost
of the 0or&.._-. .......................... . .........................
............. - ..................... ... ........ ~~~^=
11 .02
A�bnmxu�--..-._._^---^,.-_-__.----__.--.--_^_-~-_-_--.'~.'_-.-__^-____
98
11.03
Ln�Pn�aAom�-'.'--__~___,~__-�__--_-'_.--_'_..---'_-_'-__'____.______
3O
ARTICLE l2- CHANGE nF CONTRACT PRICE; CHANGE (JF CONTRACT ?ZMES-- ....... '.--_........ ... _ ... ........ 31
12 .01
Change of Contract }t�e.--._..-^---~.~-_~.-~--~---~'----~--''--_^'----~-----'-~
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12 ,02
Change �Tonm��I�n�___----'~-_-_--'~'---'--^--''--~~'~----^------
.............. 32 �
12,03
Delays ... . ............ ....................... ~ ........
-- ........... ~ ... - ....... ......... ........... ` ........ ... ~-
ARTICLE l3'TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE Df DEFECTIVE WORK_-3Z
13.01
Not �og�}�em�-._--.-...-_._-.^--_----~~-----'^----~-'-'�--------~'
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13 .02
Accep*/0�ok_----__-'.~''._-~.--_-__--_--''---^^---'--------
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13 .04
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Un*mvon�g0o�-..-_-..-_-__-.------_-~--_--------~------''-'-'----~-'~~'
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13,05
Owner M�/S$�`the H�x�
33
12.06
Correction nrRampvml �e Nbck-.-.---'_^-.`~-^_'------^^''---'-----'~~-.-_-'.^^
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Correction _---~ ~-_ .. _.~.---^ '---'----_--'-.--
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3 13.07
13,08
Accqp�*c*gOD�eudve Womk..-_--..._-----_------~'~-'--^''~~~----^~-~---'-----
34
'
13.09
{�n,m~M�"Corn z/D�eo�,eH�/k.------_-_--.-__---'~--''-'''~~-----'---------^--
34
ARTICLE I4- PAYMENTS TB CONTRACTOR AND COMPLETION
...... ............................................. _.---............. 35
14 '01
6ch�u�Pfpa�m------_..-_-''..----^-..^-~---------------^-----�------^-'
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14 .02
}ro�m�P4ymontx-._-----.---------'^^'--'--''-'-~-------''~'~-''-'----'
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---^- �
14.03
{ox�uu*r�Wbnnntyqf7�d�-----_-.--__^_----^-'--------^~-----------^''~'--''
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36
EJCDC C-700 Standard General CoAditwns of the Construction Contr2cL
Copyright 0 Z002 National Sockty of Profess�Dn2l u for "CDC. All iights restrved�
14I5
PormrUtU1muiou_—_-----.___--_----_--_—_--------_--_.--------__37
� 14-06
Final Inspection -- ................... ...... ............... _ .......... ........ __...... — ........... ___ ....... _--37
14 ,07
Final }aymen/— ..... ... .... ............ ....... `................ ........ .......... — ............ .............. _................... ---T7
' 14.08
Final Completion De6gad.. ........... ................ .. ......... -^-_--_....... ........... ___—__—.............. _38
14/09
Waiver qf Claims -- .... - ...... __—.--...... _ .......... ... .......... ....... ...... ... ' ........ .......... _—....... — .........
38
�
ARTICLE
\5- SUSPENSION 0FWORK AND TERMINATION ... —_--...... ...... ............ —_.__..._—____.}0
. 15.01
Owner May Suspend Work ...................... .............. ... _— ...... ___-----........ ......... ....... —..... _38
15.03
Owner May Terminatefor Cause ....................... ........... — .............. ............... ...... ......... _—.--_—.~.......
38
1I03
Owner May Terminate For Convenience ........ _-- ........... .... _ ___ ............. ............................ _--...... —39
1514
Contractor May Stop Work or Terminate ........ __—........ —....... ..... '-- ................. ...... ....... — .............
3g
ARTICLE
16 -DISPUTE RESOLUTION ...... ___ ...... ......... ............ —......... ......... — .............. ..... - ...... ......... ......... .40
1601
Methods and Procedures ....... .......... ...... ---_............... ... ............. _ ......... ..... ......... ..........................
40
. ARTICLE
17- MISCELLANEOUS ................ __—.__---_........ — ......... ................. ...... ............ ........................ .40
l7Ol Giving
......... ____ ........ ----_- .......... _ ................... ----............................. ..... ........... _40
17.02
Computation gfyivoz-^ .............. __....... ___ ......... ............... .............................. -- ... ...........................
4O
17 .03
Cumulative Remedies ..................... ................. ........... ......... .... ____ ........................... .— ............. _— ... ......
4O
' 17.04
Survival o/ Obligations_ ........................ ---_ ................ .......... —............. __ .... _ __ ................ .............
4O
- 17.05
Controlling Law ..... ......... ____ ...... ____ ............. ................. —....... ._— ............................................ ....
40
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' EJCDCc-70vomndmrd Genem��a���mm�m�vm����.
��cm 0 2002 �,*����P for EJcDC. All rights reserved.
0n7mo-*
GENERAL CONDITIONS
ARTICLE I - DEFINITIONS AND TERMINOLOGY
1,01 Defined Terms
A. Wherever used in the Bidding Requirements
or Contract Documents and printed with initial capital
letters, the terms listed below will have the meanings
indicated which are applicable to both the singular and
plural thereof. In addition to terms specifically defined,
terms with initial capital letters in the Contract
Documents include references to identified articles and
paragraphs, and the titles of other documents or form.
1. Addenda -- Written or graphic instruments
issued prior to the opening of Bids which clarify, correct,
or change The Bidding Requirements Or the Proposed
Contract Documents.
2. Agreement- -The written instrument which is
evidence of the agreement between Owner and Contractor
covering the Work,
3. Application for Paymen -The form acceptable
to Engineer which is to be used by Contractor during the
course of the Work in requesting progress or final
payments and which is to be accompanied by such
supporting documentation as is required by the Contract
Documents.
4. Asbestos--Any material that contains more
than one percent asbestos and is friable or is releasing
asbestos fibers into the air above current action levels
established by the United States Occupational Safety and
Health Administration.
5. Bid—Tbe offer or proposal of a Bidder
submitted on the prescribed form setting forth the prices
for the Work to be performed.
6. Bidder--The individual or entity who submits
a Bid directly to Owner.
T Bidding Documents--The Bidding
Requirements and the proposed Contract Documents
(including all Addenda).
S. Bidding Requirements—The Advertisement or
Invitation to Bid, Instructions to Bidders, bid Security of
acceptable form, if any, and the Bid Form with any
supplements.
9. Change Order--A document recommended by
Engineer which is signed by Contractor and Owner and
authorizes an addition, deletion, or revision in the Work
or an adjustment in the Contract Price or the Contract
Times, issued on or after the Effective Date of the
Agreement.
10. Claim--A demand or assertion by Owner or
Contractor seeking an adjustment of Contract Price or
Contract Times, or both, or other relief With respect to the
terms of the Contract. A demand for money or services by
a third party is not a Claim.
11. Contract- -The entire and integrated written
agreement between the Owner and Contractor concerning
the Work. The Contract supersedes prior negotiations,
representations, or agreements, whether written or oral.
12. Contract Documents— Those items so
designated in the Agreement. Only printed or hard copies
of the item listed in the Agreement are Contract
Documents. Approved Shop Drawings, other Contractor's
submittals, and the reports and drawings of subsurface
and physical conditions are not Contract Documents.
13, Contract Price--The moneys payable by
Owner to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of Paragraph 11.03
in the case of Unit Price Work).
14. Contract Times—The number of days or the
dates stated in the Agreement to: (i) achieve Milestones, if
any, (ii) achieve Substantial Completion; and (iii) com-
plete the Work so that it is ready for final payment as
evidenced by Engineer's written recommendation of final
payment,
15. Contractor—The individual or entity with
whom Owner has entered into the Agreement.
16, Cost of the Work—See Paragraph 11.0 LA for
definition.
17. DraMngs_Tbat pail of the Contract
Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the
Work to be performed by Contractor. Shop Drawings and
other Contractor submittals are not Drawings as so
defined.
18. Effective Date of the Agreement - -The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the date on
which the Agreement is signed and delivered by the last
of the two parties to sign and deliver.
19. Engineer--The individual or entity named as
such in the Agreement.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright Q 2002 National SkietY of Professional Engineers for EJCDC. All rights reserved.
010700-5
X Field Order--A written order issued by
Engineer which requires minor changes in the Work but
which does not involve a change in the Contract Price or
the Contract Times.
21. General Requirements--Sections of Division
I of the Specifications The General Requirements pertain
to all sections of the Specifications.
22. Hazardous Environmental Condition--The
presence at The Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work,
23. Hazardous Waste--The term Hazardous
Waste shall have the meaning provided in Section 1004 of
the Solid Waste Disposal Act (42 USC Section 6903) as
amended from time to time.
24. Laws and Regulations; Laws or Regulations-
-Any and all applicable laws, rules, regulations, ordinanc-
es, codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction.
25. Liens--Charges, security interests, or
encumbrances upon Project funds, real property, or
personal property.
26. Milestone--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 of Award--The written notice by
Owner to the Successful Bidder stating that upon timely
compliance by the Successful Bidder with the conditions
precedent listed therein, Owner will siga and deliver the
Agreement.
28. Notice to Proceed - -A written notice given by
Owner to Contractor fixing the date on which the Con-
tract Times will commence to nin. 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--PolycWorinated bipbenyls.
31. Petroleum--Petroleurn, including crude oil or
any fraction thereof which is liquid at standard conditions
of temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline,
kerosene, and oil mixed with other non-Hazardous Waste
and crude oils.
32. Progress Schedule --A schedule, prepared and
maintained by Contractor, describing the sequence and
duration of the activities comprising the Contractor's plan
to accomplish the Work within the Contract Times.
33. Project--The total construction of which the
Work 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 in the table(s) of contents,
35, Radioactive Material--Sourcc, special nu cl e -
ar, or byproduct material as defined by the Atomic Energy
Act of 1954 (42 USC Section 2011 et seq.) as amended
from time to time.
36. Related Entity -- An officer, director, partner,
employee, agent, consultant, or subcontractor,
37. Resident Project Representative--The autho-
rized representative of Engineer who may be 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 Work and which establish the
standards by which such portion of the Work will be
judged.
39. Schedule of Submittals - -A schedule, prepared
and maintained by Contractor, of required submittals and
the time requirements to support scheduled performance
of related construction activities,
40. Schedule of Yalues—A schedule, prepared
and maintained by Contractor, allocating portions of the
Contract Price to various portions of the Work and"used
as the basis for reviewing Contractor's Applications for
Payment.
41. Shop Drawings—All drawings, diagrams,
illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for
Contractor and submitted by Contractor to illustrate some
portion of the Work,
42, Site--Lands or areas indicated in the Contract
Documents as being famished by Owner upon which the
Work is to be performed, including rights-of-way and
easements for access thereto, and such other lands
furnished by Owner which are designated for the use of
Contractor.
43. Spec cations- -That part 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 0 2002 National Society of Professional Engineers for F_JCDC. All rights reserved.
00700-6
administrative requirements and procedural matters
applicable thereto.
44. Subcontractor- -Ara individual or entity
having a direct contract with Contractor or with any other
Subcontractor for the performance of a part of the Work
at the Site.
45. Substantial Completion--The time at which
the Work (or a specified part thereof) has progressed to
the point where, in the opinion of Engineer, the Work (or
a specified part thereof) is sufficiently complete, in
accordance with the Contract Documents, so that the
Work (or a specified part thereof can be utilized for the
purposes for which it is intended. The terms "substantially
complete and "substantially completed" as applied to all
or part of the Work refer to Substantial Completion
thereof
46. Successful Bidder--Ile Bidder submitting a
responsive Bid to whom Owner makes an award.
47- Supplementary Conditions- -That part of the
Contract Documents which amends or supplements these
General Conditions.
48. Supplier--A manufacturer, fabricator, suppli-
er, distributor, materialmart, or vendor having a direct
contract with Contractor or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by Contractor or any Subcontractor.
49. Underground Facilities--All underground
pipelines, conduits, ducts, cables, wires, manholes, vaults,
tanks, tunnels, or other such facilities or attachments, and
any encasements containing such facilities, including
those that convey electricity, gases, steam, liquid
petroleum products, telephone or other communications,
cable television, water, wastewater, storm water, other
liquids or chemicals, or traffic or other control systems.
50. Unit Price Work--Work to be paid for on the
basis of unit prices.
51. Work--The entire construction or the various
separately identifiable parts thereof required to be
provided under the Contract Documents. Work includes
and is the result of performing or providing all labor,
services, and documentation necessary to produce such
construction, and furnishing, installing, and incorporating
all materials and equipment into such construction, all as
required by the Contract Documents.
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 ordering an addition, deletion, or revision in the
Work, or responding to differing or unforeseen subsurface
or physical conditions under which the Work is to be
performed or to emergencies. A Work Change Directive
will not change the Contract Price or the Contract Times
but is evidence that the parties expect that the change
ordered or documented by a Work Change Directive will
be incorporated in a subsequently issued Change Order
following negotiations by the parties, as to its effect, if
any, on the Contract Price or Contract Times.
IM Terminology
A- The following words or terms are not defined
but, when used in the Bidding Requirements or C on t rac t
Documents, have the following meaning,
B Intent of Certain Terms ar,4diecfives
1, The Contract Documents include the terms "as
allowed," "as approved," "as ordered", "as directed" or
terms of like effect or import to authorize an exercise of
professional judgment by Engineer. In addition, the
adjectives "reasonable," "suitable," "acceptable,"
t, proper," "satisfactory," or adjectives of like effect or
import are used to describe an action or determination of
Engineer as to the Work. It is intended that such exercise
of professional judgment, action or determination will be
solely to evaluate, in general, the Work for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of
the completed Project as a functioning whole as shown or
indicated in The Contract Documents (unless there is a
specific statement indicating otherwise). The use of any
such term or adjective is not intended to and shall not be
effective to assign to Engineer any duty or authority to
supervise or direct the perfbrmance of the Work or any
duty or authority to undertake responsibility contrary to
the provisions of Paragraph 9.09 or any other provision of
the Contract Documents.
MAM
L The word "day" means a calendar day
of 24 hours measured from midnight to the next midnight.
D. Defective
L The word "defective," when modifying the
word "Work" refers to Work that is unsatisfactory,
faulty, or deficient in that it:
a. does not conform to the Contract Documents,
or
b. does not meet the requirements of any
applicable inspection, reference standard, test, or
approval referred to in the Contract Documents,
or
c. has been damaged prior to Engineer's -
recommendation of fatal payment (unless
responsibility for the protection thereof has been
assumed by Owner at Substantial Completion in
accordance with Paragraph 14.04 or 14.05).
EJCDC C-700 Standard General Conditions of the Construiction Contract,
Copyright Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700-7
E. Furnish, Install. Perform, Provide
1, The word "furnish," when used in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use
or installation and in usable or operable condition.
2. The word "install," when used in connection
with services, materials, or equipment, shall mean to put
into use. or place in final position said services, materials,
or equipment complete and ready for intended use.
3. The words "perform" or "provide," when used
in connection with services, materials, or equipment, shall
mean to furnish and install said services, materials, or
equipment complete and ready for intended use.
4, When "furnish," "install," "PeTfOnn, Or " pro-
vide" is not used in connection with services, materials, or
equipment in a context clearly requiring an obligation of
Contractor, "provide" is implied,
F. Unless stated otherwise in the Contract Docu-
ments, words or phrases which have a well-known
technical or construction industry or trade meaning are
used in the Contract Documents in accordance with such
recognized meaning.
ARTICLE 2 - PRELIMINARY MATTERS
101 Delivery of Bonds and Evidence of Insurance
A. When Contractor delivers the executed
counterparts of the Agreement to Owner, Contractor shall
also deliver to Owner such bonds as Contractor may be
required to furnish.
or, if a Notice to Proceed is given, on the day indicated in
the Notice to Proceed, A Notice to Proceed may be given
at any time within 30 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 thirtieth day after the Effective Date of
the Agreement, whichever date is earlier.
2,04 Starting the Work
A. Contractor shall start to perform the Work on
the date when the Contract Times commence to run, No
Work shall be done at the Site prior to the date on which
The Contract `Times commence to P-m.
2.05 Before Starting Construction
A. Preliminary Schedules.• Within 10 days after
the Effective Date of the Agreement (unless otherwise
specified in the General Requirements), Contractor shall
subinit to Engineer for timely review:
1. a preliminary Progress Schedule; indicating
the times (numbers, of days or dates) for starting and
completing the various stages of the Work, including any
Milestones specified in the Contract Documents;
2. a preliminary Schedule of Submittals; and
3, a preliminary Schedule of Values for all of the
Work which includes quantities and prices of items which
when added together equal the Contract Price and subdi-
vides the Work into component parts in sufficient detail to
serve as the basis for progress payments during
performance of the Work. Such prices will include an
appropriate amount of overhead and profit applicable to
each item of Work.
2.06 Preconstruction Conference
B. Evidence of Insurance: Before any Work at
the Site is started, Contractor and owner shall each
deliver to the other, with copies to each additional insured
identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance which either
of therm or iiny additional insured may reasonably request)
which Contractor and Owner respectively are required to
purchase and maintain in accordance with Article 5.
2.02 Copies of Documents
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 woAcing
understanding among the parties as to the Work and to
discuss the schedules referred to in Paragraph 2.05.A,
procedures for handling Shop Drawings and other
submittals, processing Applications for Payment, and
maintaining required records.
2.07 Initial Acceptance ofSchedules
A. Owner shall furnish to Contractor up to ten A, At least 10 days before submission of the first
printed or hard copies of the Drawings and Project Application for Payment a conference attended by
Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be
at the cost of reproduction. held to review for acceptability to Engineer as provided
below the schedules submitted in accordance with
2.03 Commencement of Contract Times; Notice to Paragraph 2.05.A. Contractor shall have an additional 10
Proceed days to make corrections and adjustments and to complete
and resubmit the schedules, No progress payment shall be
A. The Contract Times will commence to rim on made to Contractor until acceptable schedules are
the thirtieth day after the Effective Date of the Agreement submitted to Engineer.
E"C C-700 Standard General Conditions 04 the Construction Contratt.
Copyright 02002 National Society ot'Professional Err&eers for EJCJDC- All rights reserved.
00700-8
I. The Progress Schedule will be acceptable to
Engineer if it provides an orderly progression of the Work
to completion within the Contract Times. Such acceptance
will not impose on Engineer responsibility for the
Progress Schedule, for sequencing, scheduling, or
progress of the Work nor interfere with or relieve
Contractor from Contractor's full responsibility therefor.
2. Contractor's Schedule of Submittals will be
acceptable to Engineer if it provides a workable
arrangement for reviewing and processing the required
submittals,
3. Contractor's Schedule of Values will be
accWable to Engineer as to form and substance if it
provides a reasonable allocation of the Contract Price to
component parts of the Wo
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
101 Arent
A. The Contract Documents are complementary.
what is required by one is as binding as if required by all.
B. It is the intent of the Contract Documents to
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract Docu-
ments, Any labor, documentation, services, materials, or
equipment that may reasonably be infer from the
Contract Documents or from prevailing custom or trade
usage as being required to -produce the intended result will
be provided whether or not specifically called for at no
additional cost to Owner.
C. Clarifications and interpretations of the
Contract Documents shall be issued by Engineer as
provided in Article 9.
3,02 Reference Standards
A. Standards, Specifications, Codes, Laws, and
Regulations
1. Reference to standards, specifications,
manuals, or codes of any technical society, organization,
or association, or to Laws or Regulations, whether such
reference be specific or by implication, shall mean the
standard, specification, manual, code, or Laws or Regula-
tions in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no Bids),
except as may be otherwise specifically stated in the
Contract Documents.
responsibilities of Owner, Contractor, or Engineer, or any
of their subcontractors, consultants, agents, or employees
from those set forth in the Contract Documents, No such
provision or instruction shall be effective to assign to
Owner, or Engineer, or any of, their Related Entities, any
duty or authority to supervise or direct the performance of
the Work or any duty or authority to undertake respon-
sibility inconsistent with the provisions of the Contract
Documents.
103 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1. Contractor's Review of Contract Doc
Before Starting Work: Before undertaking each part of the
Work, Contractor shall carefully study and compare the
Contract Documents and check and verify pertinent
figures therein and all applicable field measurements.
Contractor shall promptly report in writing to Engineer
any conflict, error, ambiguity, or discrepancy which
Contractor may discover and shall obtain a written
interpretation or clarification ftorn Engineer before
proceeding with any Work affected thereby.
2, Contractor's Review of Contract Documents
During Performance of Work; If, during the performance
of the Work, Contractor discovers any conflict, error,
ambiguity, or discrepancy within the Contract Documents
or between the Contract Documents and any provision of
any Law or Regulation applicable to the performance of
the Work or of any standard, specification, manual or
code, or of any instruction of any Supplier, Contractor
shall promptly report if to Engineer in writing. Contractor
shall not proceed with the Work affected thereby (except
in an emergency as required by Paragraph 6,16,A) until
an amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
Paragraph 3.04.
3. Contractor shall not be liable to Owner or
Engineer for failure to report any conflict, error, ambigu-
ity, or discrepancy in the Contract Documents unl
Contractor knew or reasonably should have known
thereof.
B. Resolving Discrepancies
I. Except as may be otherwise specifically stated
in the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any
conflict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and.
a. the provisions of any standard, specification,
manual, code, or instruction (whether or not
specifically incorporated by reference in the
Contract Documents); or
2. No provision of any such standard,
specification, manual or code, or any instruction of a b. the provisions of any Laws . or Regulations
Supplier shall be effective to change the duties or applicable to the performance of the Work
EJCDC C-700 Standard Genml Conditions of the Construction Contract.
Copyright 0 2002 National Satiety of Professional Engineers for EJCDC. Alt rights reserved.
00700-9
(unless such an interpretation of the provisions
of the Contract Documents would result in viola-
tion of such Law or Regulation).
3.04 Amending and Supplementing Contract
Documents
A. The Contract Documents may be amended to
provide for additions, deletions, and revisions in the Work
or to modify The terms and conditions thereof by either a
Change Order or a Work Change Directive.
B. The requirements of the Contract Documents
may be supplemented, and minor variations and
deviations in the Work may be authorized, by one or more
of the following ways:
1, A Field Order,
2. Engineer's
Sample; (Subject to
6,17.D.3), or
approval of a Shop Drawing or
the provisions of Paragraph
3, Engineer's written in terpretation or
clarification.
3,05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier
or other individual or entity performing or furnishing all
of the Work under a direct or indirect contract with
Contractor, shall not:
1. have or acquire any title to or ownership
lights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or
bearing the seal of Engineer or Engineer's consultants,
including electronic media editions; or
2. reuse any of such Drawings, Specifications,
other documents, or copies thereof on extensions
of the Project-or any other project without written consent
of Owner and Engineer and specific written verification
or adaption by Engineer.
B. The prohibition of this Paragraph 3.05 will
survive rmal payment, or termination of the Contract.
Nothing herein shall preclude Contractor from retaining
copies of the Contract Documents for record purposes.
3.06 Electronic Data
A. Copies of data furnished by Owner or
Engineer to Contractor or Contractor to Owner or
Engineer that may be relied upon are limited to the
printed copies (also known as hard copies). Files in
electronic media format of text, data, graphics, or other
types are furnished only for the convenience of the
receiving party. Any conclusion or information obtained
or derived from such electronic files will be at the user's
sole risk. If there is a discrepancy between the clemoDic
files and the hard copies, the bard copies govern.
B. Because data stored in electronic media
format can deteriorate or be modified inadvertently, or
otherwise without authorization of the data's creator, the
party - receiving electronic files agrees that it will perform
acceptance tests or procedures within 60 days, after which
the receiving party shall be deemed to have accepted the
data thus transferred. Any errors detected within the 60-
day acceptance period will be corrected by the
transferring party..
C. When transferring documents in electronic
media formal, The transferring party makes no
representations as to long term compatibility, usability, or
readability of documents resulting from the use of
software application packages, operating systems, or
computer hardware differing from those used by the
data's creator.
ARTICLE 4 - AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS;
REFERENCE POINTS
4,01 Availability of Lands
A. Owner shall furnish the Site. Owner shall
notify Contractor of any encumbrances or restrictions not
of general application but specifically related to use of the
Site with which Contractor must comply in performing
the Work. Owner will obtain in a timely manner and pay
for casements for permanent structures or permanent
changes in existing facilities. If Contractor and Owner are
unable to agree on entitlement to or on the amount or
extent, if any, of any adjustment in the Contract Price or
Contract Times, or both, as a result of any delay in
Owner's furnishing the Site or a part thereof, Contractor
may make a Claim therefor as provided in Paragraph
10.05.
B, Upon reasonable written request, Owner shall
fu Contractor with a current statement of record legal
title and legal description of the lands upon which the
Work is to be performed and Owner's interest therein as
necessary for giving notice of or filing a mechanic's or
construction lien against such lands in accordance with
applicable Laws and Regulations.
C_ Contractor shall provide for all additional
lands and access thereto that may be required for
temporary co facilities or storage of materials
and equipment.
EXI)CC-700 Standard Gencrat Conditions of the Construction Contract.
Copyright 0 7002 Nati Society of professional Engineers for EJCIDC. All rights reserved.
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4.02 Subsurface and Physical Conditions
A. Reports and Dramiings: The Supplementary
Conditions identify:
1. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site that
Engineer has used in preparing the Contract Documents,
and
2, those drawings of physical conditions in or
relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities)
that Engineer has used in preparing the Contract
Documents.
B. Limited Reliance by Contractor on Technical
Data Authorized.- Contractor may rely upon the general
accuracy of the "technical data" contained in such reports
and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified
in the Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of
their Related Entities with respect to:
1. the completeness of such reports and drawings
for Contractor's purposes, including, but not limited to,
any aspects of the means, methods, tecliniques,
sequences, and procedures of construction to be employed
by Contractor, and safety precautions and programs
incident thereto; or
2. other data, interpretations, opir&ns, and
information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion
drawn from any "technical data" or any such other data,
interpretations, opinions, or information,
4.03 Differing Subsurface or Physical Conditions
A, Notice. If Contractor believes that any subsur-
face or physical condition at or contiguous to the Site that
is uncovered or revealed either
I. is of such a nature as to establish that any
"technical data" on which Contractor is entitled to rely as
provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the
Contract Documents; or
3. differs materially from that shown or indicated
in the Contract Documents; or
4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally
recognized as inherent in work of the character provided
for in the Contract Documents;
then Contractor shall, promptly after becoming aware
thereof and before further disturbing the subsurfac or
physical conditions or performing any Work in connec-
tion therewith (except in an emergency as required by
Paragraph 6.16.A), notify Owner and Engineer in writi
about such condition, Contractor shall not further disturb
such condition or perform any Work in connectio
therewith (except as aforesaid) until receipt of written
order to do so.
B. Engineer's Review: After receipt of written
notice as required by Paragraph 4.03.A, Engineer will
promptly review the pertinent condition, determine the
necessity of Owner's obtaining additional exploration or
tests with respect thereto, and advise Owner in writing
(with a copy to Contractor) of Engineer's findings and
conclusions.
C. Possible Price and Times Adjustments
1. The Contract Price or the Contract Times, or
both, will be equitably adjusted to the extent that the
existence of such differing subsurface or physical
condition causes an increase or decrease in Contractor's
cost of, or time required for, performance of the Work;
subject, however, to the following:
a, such condition must meet any one or more of
the categories described in Paragraph 4,03,A;
and
b. with respect to Work that is paid forun a Unit
Price Basis, any adjustment in Contract Price
will be subject to the provisions of Paragraphs
9.07 and 11.03.
2, Contractor shall not be entitled to any
adjustment in the Contract Price or Contract Times if
a. Contractor knew of the existence of such
conditions at the time Contractor made a final
conuilitment to Owner with respect to Contract
Price and Contract Times by the submission of a
B , id or becoming bound under a negotiated
contract; or
b. the existence of such condition could
reasonably have been discovered or revealed as a
result of any examination, investigation, 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 Contractor's making such
final commitment; or
EJCDC 0400 Standard General Conditions of the Construction Contract.
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00700-11
c. Contractor failed to give the written notice as
required by Paragraph 4.03.A.
3. If Owner and Contractor are unable to agree
on entitlement to or on the amount or extent, if any, of
any adjustment in the Contract Price or Contract Times,
or both, a Claim may be made therefor as provided in
Paragraph 10.05. However, Owner and Engineer, and any
of their Related Entities shall not be liable to Contractor
for any claims, costs, losses, or damages (including but
not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or
anticipated project.
4.04 Underground Facilities
A. Shown or Indicated: The information and data
shown or indicated in The Contract Documents with
respect to existing Underground Facilities at or
contiguous to the Site is based on information and data
furnished to Owner or Engineer by the owners of such
Underground Facilities, including Owner, or by others.
Unless it is otherwise expressly provided in the Sup-
plementary Conditions:
1. Owner and Engineer shall not be responsible
for the accuracy or completeness of any such information
or data; and
2. the cost of all of the following will be
included in the Contract Price, and Contractor shall have
full responsibility for-.
a. reviewing and checking all such inforniation
and data,
b. locating all Underground Facilities shown or
indicated in the Contract Documents,
c. coordination of the Work with the owners of
such Underground Facilities, including Owner,
during construction, and
d. the safety and protection of all such Under-
ground Facilities and repairing any damage
thereto resulting from the Work.
13. Not Shown or Indicated
1. If an Underground Facility is -uncovered or
revealed at or contiguous to the Site which was not shown
or indicated, or not shown or indicated with reasonable
accuracy in the Contract Documents, Contractor shall,
promptly after becoming aware thereof and before further
disturbing conditions affected thereby or performing any
Work in connection therewith (except in an emergency as
required by Paragraph 6.16,A), identify the owner of such
Underground Facility and give written notice to that
owner and to Owner and Engineer. Engineer will
promptly review the Underground Facility and determine
the extent, if any, to which a change is required in the
Contract Documents to reflect and document the
consequences of the existence or location of the Under-
ground Facility, During such time, Contractor shall be
responsible for the safety and protection of such
Underground Facility.
2, If Engineer concludes , that a change in the
Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and
document such consequences. An equitable adjustment
shall be made in the Contract Price or Contract Times, or
both, to the extent that they are attributable to the
existence or location of any Underground Facility that
was not shown or indicated or not shown or indicated
with reasonable accuracy in the Contract Documents and
that Contractor did not know of and could not reasonably
have been expected to be aware of or to have anticipated.
If Owner and Contractor are unable to agree on
entitlement to Or on the amount or extent, if any, of any
such adjustment in Contract Price or Contract Times,
Owner or Contractor may make a Claim therefor as
provided in Paragraph 10-05.
9.05 Reference Points
A. Owner shall provide engineering surveys to
establish reference points for construction which in
Engineer's judgment are necessary to enable Contractor
to proceed with the Work. Contractor shall be responsible
for laying out the Work, shall protect and preserve the
established reference points and property monuments, and
shall make no changes or relocations without the prior
written approval of Owner. Contractor shall report to
Engineer whenever any reference point or property
monument is lost or destroyed or requires relocation
because of necessary chariges in grades or locations,'and
shall be responsible for the accurate replacement or
relocation of such reference points or property
monuments by professionally qualified personnel,
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: Reference is made to
the Supplementary Conditions for the identification of
those reports and drawings relating to a Hazardous
Environmental Condition identified at the Site, if any, that
have been utilized by the Engineer in the preparation of
the Contract Documnts,
B. Limited Reliance by Contractor on Technical
Data Authorized. Contractor may rely upon the general
aquracy'of the "technical data" contained in such reports
and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified
in the Supplementary Conditions. Except for such reliance
on such "technical data;' Contractor may not rely upon or
make any claim against Owner or Engineer, or any of
their Related Entities with respect to-.
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1. the completeness of such reports and drawings
for Contractor's purposes, including, but not limited to,
any aspects of the means, methods, techniques, sequences
and procedures of construction to be employed by
Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and
information contained in such reports or shown or
indicated in such drawings or
3. any Contractor interpretation of or conclusion
drawn from any "technical data" or any such other data,
interpretations, opinions or information.
C. Contractor shall not be responsible for any
Hazardous Environmental Condition uncovered or re-
vealed at the Site which was not shown or indicated in
Drawings or Specifications or identified in the Contract
Documents to be within the scope of the Work.
Contractor shall be responsible for a Hazardous
Environmental Condition created with any materials
brought to the Site by Contractor, Subcontractors,
Suppliers, or anyone else for whom Contractor is
responsible.
D. If Contractor encounters a Hazardous
Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous
Environmental Condition, Contractor shall immediately:
(i) secure or other isolate such condition; (ii) stop all
Work in connection with such condition and in any area
affected thereby (except in an emergency as required by
Paragraph 6,16-A); and (iii) notify Owner and Engineer
(and promptly thereafter confirm such notice in writing).
Owner shall promptly consult with Engineer concerning
the necessity for Owner to retain a qualified expert to
evaluate such condition or take corrective action, if any.
E. Contractor shall not be required to resume
Work in connection with such condition or in any affected
area until after Owner has obtained any required permits
related thereto and delivered to Contractor written notice:
(i) specifying that such condition and any affected area is
or has been rendered safe for the resumption of Work; or
(ii) specifying any special conditions under which such
Work may be resumed safely. If Owner and Contractor
cannot agree as to entitlement to or on the amount or
extent, if any, of any adjustment in Contract Price or
Contract Times, or both, as a result of such Work stop-
page or such special conditions under which Work is
agreed to be resumed by Contractor, either party may
make a Claim therefor as provided in Paragraph 10.05.
entitlement to or on the amount or extent, if any, of an
adjustment in Contract Price or Contract Times as a result
of deleting such portion of the Work, then either party
may make a Claim therefor as provided in Paragraph
10.05. Owner may have such deleted portion of the Work
performed by Owner's own forces or others in accordance
with Article 7.
G. To the fullest extent permitted by Laws and
Regulations, Owner shall indemnify and bold harmless
Contractor, Subcontractors, and Engineer, and the
officers, directors, partners, employees, age
consultants, and subcontractors of each and any of them
from and against all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to a Hazardous
Environmental Condition, provided that such Hazardous
Environmental Condition: (i) was not shown or indicated
in the Drawings or Specifications or identified in the
CQntract Documents to be included within the scope of
the Work, and (ii) was not created by Contractor or by
anyone for whom Contractor is responsible. Nothing in
this Paragraph 4.06. G shall obligate Owner to indemnify
any individual or entity from and against the conse-
quences of that individual's or entity's own negligence.
H. To the fullest extent permitted by Laws and
Regulations, Contractor shall ind&mnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants, and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to a Hazardous Environmental Condition
created by Contractor or by anyone for whom Contractor
is responsible. Nothing in this Paragraph 4.06.H shall
obligate Contractor to indemnify any individual or entity
from and against the consequences of that individual's or
entity's own negligence.
1. The provisions of Paragraphs 4.02, 4.03, and
4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 -13ONDS AND INSURANCE
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 Contractor's obligations under the
Owner 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-700 standard Generp I Conditions of the Construction Contract
Copyright cD 20w National Society of Prort3flOn2l Engineers for EJCDC. All rights reserved.
00700-13
in Paragraph 13,07, whichever is later, except as provided
otherwise by Laws or Regulations or by the Contract
Documents. Contractor shall also famish such other
bonds as are required by the Contract Documents.
B. All bonds shall be in the form prescribed by
the Contract Documents except as provided otherwise by
Laws or Regulations, and shall be executed by such
Sureties as are named in the current list of "Companies
Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Compa-
nies" as published in Circular 570 (amended) by the
Financial Management Service, Surety Bond Branch, U.S.
Department of the Treasury. All bonds signed by an agent
must be accompanied by a certified copy of the agent's
authority to act.
C. Jf the surely on any bond famished by
Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in any State where
any part of the Project is located or it ceases to meet the
required nts of Paragraph 5.01.13, Contractor shall
promptly notify Owner and Engineer and shall, within 20
days after the event giving rise to such notification,
provide another bond and surety, both of which shall
comply with the requirements of Paragraphs 5.01 .8 and
5.02.
5.02 Licensed Sureties and Insurers
A. All bonds and insurance required by the
Contract Documents to be purchased and maintained by
Owner or Contractor shall be obtained from surety or
insurance companies that are duly licensed or authorized
in the jurisdiction in which the Project is located to issue
bonds or insurance policies for the limits and coverages
so required. Such surety and insurance. companies shall
also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5,03 Certificates ofInsurance
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.
13. Owner shall deliver to Contractor, with copies
to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence
of insurance requested by Contractor or any other
additional insured) which Owner is required to purchase
and maintain.
5.04 Contractor's Liability Insurance
A. Contractor shall purchase and maintain such
liability and other insurance as is appropriate for the
from claims set forth below which may arise out o f or
result from Contractor's performance of the Work and
Contractor's other obligations - under the Cont
Documents, whether it is to be performed by Contractor,
any Subcontractor or Supplier, OY by anyone directly or
indirectly employed by any of them to perform any of The
Work, or by anyone for whose acts any of Them may be
liable:
L claims under workers' compensation,
disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury,
occupational sickness or disease, or death of Contractor's
employees;
3. claims for damages because of bodily injury,
sickness or disease, or death of any person other Than
Contractor's employees;
4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained:
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;
S. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting
therefrom; and
6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
B. The policies of insurance required by this
Paragraph 5.04 shall:
1. with respect to insurance required by
Paragraphs 5.04.A.3 through 5.04.A.6 inclusive,, include
as additional insured (subject to any customary exclusion
regarding professional liability) Owner 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 any of all such
additional insureds, and the insurance afforded to these
additional insureds shall provide primary coverage for all
claims covered thereby;
2. include at least the specific coverages and be
written for not less than the limits of liability provided in
The Supplementary Conditions or required by Laws or
,Regulations, whichever is greater;
Work being performed and as will provide protection
EJCDC 0700 Standard General Conditions of the Construction Contratt.
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3. include completed operations insurance;
4. include contractual liability insurance
covering Contractor's indemnity obligations under
Paragraphs 6.11 and 6.20,
5, contain a provision or endorsement that 6e
coverage afforded will not be canceled, materially
changed or renewal refused until at least 30 days prior
written notice has been given to Owner and Contractor
and to each other additional insured identified in the
Supplementary Conditions to whom a certificate of
insurance has been issued (and the certificates of
insurance furnished by The Contractor pursuant to
Paragraph 5.03 will so provide);
6. remain in effect at least until final payment
and at all times thereafter when Contractor may be
correcting, removing, or replacing defective Work in
accordance with Paragraph 13.07; and
7. with respect to completed operations insur-
ance, and any insurance cover written on a clahns�-
made basis, rema i e ff ec t for at least two years after
final payment
a. Contractor shall furnish Owner and each other
additional insured identified in The Supple-
mentary Conditions, to whom a certificate of
insurance has been issued, evidence satisfactory
to Owner and any such additional insured of
continuation of such insurance at final payment
and one year thereafter.
5.05 Owner's Liability Insurance
A. In addition to the insurance required to be
provided by Contractor under Paragraph 5.04, Owner, at
Owner's option, may purchase and maintain at Owner's
expense Owner's own liability insurance as will protect
Owner against claims which may arise from operations
under the Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supple-
mentary Conditions, Owner shall purchase and maintain
property insurance upon the Work at the Site in the
amount of the full replacement cost thereof (subject to
such deductible amounts as may be provided in the
Supplementary Conditions or required by Laws and
Regulations), This insurance shall
1. include the interests of Owner, Contractor,
Subcontractors, and Engineer, and any other individuals
or entities identified in the Supplementary Conditions,
and the officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and
shalt be listed as an insured or additional insured-,
2. be written on a Builder's Risk "'all- risk'" or
open peril or special causes of loss policy form That shall
at least include insurance for physical loss or damage to
the Work, temporary buildings, false work, and materials
and equipment in transit, and shall insure against at least
the following perils or causes of loss: tire, lightning,
extended coverage, theft, vandalism and malicious
mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and
Regulations, water damage, (other than caused by flood)
and such other perils or causes of loss as may be specifi-
cally required by the Supplementary Conditions;
3. include expenses incurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers and architects);
4, cover materials and equipment stored at the
Sit or at another location that was agreed to in writing by
Owner prior to being incorporated in the Work, provided
that such materials and equipment have been included in
an Application for Payment recommended by Engineer;
Owner;
5- allow for partial utilization of the Work by
6. include testing and startup, and
7. be maintained in effect until final payment is
made unless otherwise agreed to in writing by Owner,
Contractor, and Engineer with 30 days written notice to
each other additional insured to whom a certificate of
insurance has been issued.
B. Owner shall purchase and maintain such
boiler and machinery insurance or additional property
insurance as may be required by the Supplementary
Conditions or Laws and Regulations which will include
the interests of Owner, Contractor, Subcontractors, and
Engineer, and any other individuals or entities identified
in the Supplementary Conditions, and the officers,
directors, partners, employees, agents, consultants and
subcontractors of each and any of them, each of whom is
deemed to have an insurable interest and shall be listed as
an insured or additional insured.
C. All the policies of insurance (arid the certifi-
cates or other evidence thereof) required to be purchased
and maintained in accordance with Paragraph 5.06 will
contain a provision or endorsement that the coverage
afforded will not be canceled or materially changed or
renewal refused until at least 30 days prior written notice
has been given to Owner and Contractor and to each other
additional insured to whom a certificate of insurance has
been issued and will contain waiver provisions in accor-
dance with Paragraph 5-07.
D, Owner shall not be responsible for purchasing
and maintaining any property insurance specified in this
Paragraph 5,06 to protect the interests of Contractor,
Subcontractors, or others in the Work to the extent of any
EJCDC C-700 Standard General Conditions of the Construction Contract.
C 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700-15
deductible amounts that are identified in the Supple-
mentary Conditions. The risk of loss within such
identified deductible -amount will be borne by Contractor,
Subcontractors, or others suffering any such loss, and if
any of them wishes property insurance coverage within
the limits of such amounts, each may purchase and
maintain it at the purchaser's own expense.
E. If Contractor requests in writing that other
special insurance be included in the property insurance
policies provided under Paragraph 5.06, Owner shall, if
possible include such insurance, and the cost thereof will
be charged to Contractor by appropriate Change Order.
Prior to commencement of the Work at the Site, Owner
shall in writing advise Contractor whether or not such
other insurance has been procured by Owner.
5.07 Waiver of Rights
A. Owner and Contractor intend that all policies
purchased in accordance with Paragraph 5,06 will protect
Owner, Contractor, Subcontractors, and Engineer, and all
other individuals or entities identified in the Supple-
mentary Conditions to be listed as insureds or additional
insureds (and the officers, directors, partners, employees,
agents, consultants and subcontractors of each and any of
them) in such policies and will provide primary coverage
for all losses and damages caused by the perils or causes
of loss covered thereby. All such policies shall contain
provisions to the effect that in the event of payment of
any loss or damage the insurers will have no rights of
recovery against any of the insureds or additional insureds
thereunder. Owner and Contractor waive all rights against
each other and their respective officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them for all losses and
damages caused by, arising out of or resulting from any of
the perils or causes of loss covered by such policies and
any other property insurance applicable to the Work; and,
in addition, waive all such rights against Subcontractors,
and Engineer, and all other individuals or entities
identified in the Supplementary Conditions to be listed as
insured or additional insured (and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them) under such
policies for losses and damages so caused. None of the
above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of
insurance held by Owner as trustee or otherwise payable
under any policy so issued.
B. Owner waives all rights against Contractor,
Subcontractors, and Engineer, 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 u
or other consequential loss extending beyond direct
physical loss or damage to Owner's property or the Work
caused by, arising out of, or resulting from fire or other
perils whether or not insured by Owner; and
2, loss or damage to the completed Project or
part thereof caused by, arising out of, or resulting from
fire or other insured peril or cause of loss covered by any
property insurance maintained on the completed Project
or part thereof by Owner during partial utilization
pursuant to Paragraph 14.05, after Substantial Completion
pursuant to Paragraph 14 04, or after final payment
pursuant to Paragraph 14.07,
C. Any iRSUTUCe policy maintained by Owner
covering any loss, damage or consequential loss referred
to in Paragraph 5.07.13 shall contain provisions t th
effect that in the event of payment of any such loss,
damage, or consequential loss, the insurers will have no
rights of recovery against Contractor, Subcontractors, or
Engineer, and the officers, directors, partners, employees,
agents, consultants and subcontractors of each and any of
them
5.08 Receipt and Application of Insurance P
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 for
the insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
Paragraph 5.08,13. Owner shall deposit in a separate
account any money so received and shall distribute it in
accordance with such agreement as the parties in interest
may reach. If no other special agreement is reached, the
damaged Work shall be repaired or replaced, the moneys
so received applied on account thereof, and the Work and
the cost thereof covered by an appropriate Change Order .
B. Owner as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within . 15 days
after the occurrence of loss to Owner's exercise of this
power. If such objection be made, Owner 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 parties in interest is reached,
Owner as fiduciary shall adjust and settle the loss with the
insurers and, if required in writing by any party in
interest, Owner as fiduciary shall give bond for the proper
performance of such duties.
5.09 Acceptance of Bonds and Insurance; Option to
Replace
A. If either Owner or Contractor has any
objection to the coverage afforded by or other provisions
of the bonds or insurance required to be purchased and
irmintained by the other party in accordance with Article 5
on the basis of non - conformance with the Contract
EJCDC 0-700 Standard General Conditions of the Construction Contract.
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00700-16
Documents, the objecting party shall so notify the other
party in writing within 10 days after receipt of the
certificates (or other evidence requested) required by
Paragraph 2.01,13, Ownex and Contractor shall each
provide to the other such additional information in respect
of insurance provided as the other may reasonably
request. If either party does not purchase or maintain all
of the bonds and insurance required of such party by the
Contract Docurnents, such party shall notify the other
party in writing of such failure to purchase prior to the
start of the Work, or of such failure to maintain prior to
any change in the required coverage. Without prejudice to
any other right or remedy, the other party may elect to
obtain equivalent bonds or insurance to protect such other
parry's interests at the expense of the party who was
required to provide such coverage, and a Change Order
shall be issued to adjust the Contract Price accordingly.
5,10 Partial Utilization, Acknowledgment of Property
Insurer
A. If Owner finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work as provided in Paragraph
14.05, no such use or occupancy shall commence before
the insurers providing the property insurance pursuant to
Paragraph 5.06 have acknowledged notice thereof and in
writing effected any changes in coverage necessitated
thereby. The insurers providing the property insurance
shall consent by endorsement on the policy or policies,
but the property insurance shall not be canceled or
permitted to lapse on account of any such partial use or
occupancy.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct
the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as
may be necessary to perform the Work in accordance with
the Contract Documents. Contractor shall be solely
responsible for the means, methods, techniques,
sequences, and procedures of construction. Contractor
shall not be responsible for the negligence of Owner or
Engineer in the design or specification of a specific
means, method, technique, sequence, or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents.
B. At all times during the progress of the Work,
Contractor shall assign a competent resident superin-
tendent who shall not be replaced without written notice
to Owner and Engineer except under extraordinary
circumstances. The superintendent will be Contractor's
representative at the Site and shall have authority to act on
behalf of Contractor. All communications given to or
received from the superintendent shall be binding on
Contractor.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably
qualified personnel to survey and lay out the Work and
perform construction as required by the Contract Docu-
,merits. Contractor shall at all times maintain good disci-
pline and order at the Site.
B. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site
or adjacent thereto, and except as otherwise stated in the
Contract Documents, all Work at the Site shall be
performed during regular working hours. Contractor will
not permit the performance of Work on a Saturday,
Sunday, or any legal holiday without Owner's written
consent (which will not be unreasonably withheld) given
after prior written notice to Engineer.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract
Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery,
tools, ' appliances, fuel, power, light, heat, telephone,
water, sanitary facilities, temporary facilities, and all other
facilities and incidentals necessary for the performance,
testing, start-up, and completion of the Work,
B. All materials and equipment incorporated into
the Work shall be as specified or, if not specified, shall be
of good quality and new, except as otherwise provided in
the Contract Documents. All special - warranties apd
guarantees required by the Specifications shall expressly
run to the benefit of Owner. If required by Engineer,
Contractor shall furnish satisfactory evidence (including
reports of required tests) as to the source, kind, and
quality of materials and equipment.
C. All materials and equipment shall be- stored,
applied, installed, connected, erected, protected, used,
cleaned, and conditioned in accordance with instructions
of the applicable Supplier, except as otherwise may be
provided in The Contract Documents.
6.04 Progress Schedule
A. Contractor shall adhere to the Progress
Schedule established in accordance with Paragraph 2,07
as it may be adjusted from time to time as provided
below.
EJCDC C-700 Standard General Conditions of the Construction Contract.
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00700-17
1. Contractor shall submit to Engineer for
acceptance (to the extent indicated in Paragraph 107)
proposed adjustments in The Progress Schedule that will
not result in changing the Contract Times. Such adjust-
ments will comply with any provisions of the General Re-
quirements applicable thereto.
2. Proposed adjustments in the Progress
Schedule that will change the Contract Times shall be
subrnitted in accordance with The requirements of Article
12. Adjustments in Contract Times may only be made by
a Change Order.
6.05 Substitutes and "Or- ,Equals"
A. Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function, appearance, and
quality required, Unless the specification or description
contains or is followed by words reading that no like,
equivalent, or "or-equal" item or no substitution is
permitted, other items of material or equipment or
material or equipment of other Suppliers may be
submitted to Engineer for review under the circumstances
described below,
1. "Or-Equal" Items: If in Engineer's sole
discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and
sufficiently similar so that no change in related Work will
be required, it may be considered by Engineer as an
`"or- equal" item, in which case review and approval of the
proposed item may, in Engineer's sole discretion, be
accomplished without compliance with some or all of the
requirements for approval of proposed substitute items.
For the purposes of this Paragraph 6.05,A.1, a proposed
item of material or equipment will be considered
functionally equal to an itern so named if:
a. in the exercise of reasonable judgment
Engineer determines that:
1) it is at least equal in materials of
construction, quality, durability, appearance,
strength, and design characteristics;
2) it will reliably perform at least
equally well the function and achieve the results
imposed by the design concept of the completed
Project as a functioning whole,
3) it has a proven record of performance
and availability of responsive service; and
b. Contractor certifies that, if approved and
incorporated into the Work:
1) there will be no increase in cost to
the Owner or increase in Contract Times, and
2) it will conform substantially t the
detailed requirements of the item named in the
Contract Documents.
2, Substitute Items
a. If in Engineer's sole discretion an item of
material or equipment proposed by Contractor
does not qualify as an "or-equal" item under
Paragraph 6,05.A,I, it will be considered a
proposed substitute item,
b. Contractor shall submit sufficient information
as provided below to allow Engineer to
determirie that the item of material or equipment
proposed is essentially equivalent to that -named
and an acceptable substitute therefor. Requests
for review of proposed substitute items of
material or equipment will not be accepted by
Engineer from anyone other than Contractor.
c. The requirements for review by Engineer will
be as set forth in Paragraph 6,05 A.2.d, as
supplemented in the General Requirements and
as Engineer may decide is appropriate under the
circumstances.
d. Contractor shall make written application to
Engineer for review of a proposed substitute item
of material or equipment that Contractor seeks to
furnish or use. The application:
1) 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;
2) 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 on time;
b) whether or not use of the proposed
substitute item in the Work will require
a change in any of the Contract Docu-
inents, (or in the provisions of any other
direct contract with Owner fo o th er
work on the Project) to adapt the design
to the proposed substitute item; and
"
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c) whether or not incorporation or use
of the proposed substitute item in con-
nection with the Work is subject to
payment of any license fee or royalty;
3) will identify:
a) all variations of the proposed
substitute item from that specified , and
b) available engineering, sales,
maintenance, repair, and replacement
services;
4) and shall contain an itemized esti-
mate of all costs or credits that will result
directly or indirectly from use of such substitute
itern, including costs of redesign and claims of
other contractors affected by any resulting
change,
B. Substitute Construction Methods or Proce-
dures: If a specific means, method, technique, sequence,
or procedure of construction is expressly required by the
Contract Documents, Contractor may furnish or utilize a
substitute means, method, technique, sequence, or
procedure of construction approved by Engineer.
Contractor shall submit sufficient information to allow
Engineer, in Engineer's sole discretion, to determine that
the substitute proposed is equivalent to that expressly
called for by the Contract Documents. The requirements
for review by Engineer will be similar to those provided
in Paragraph 6.05,A.2.
C. Engineer's Evaluation: Engineer will be
allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.05.A
and 6.05.B. Engineer may require Contractor to furnish
additional data about the proposed substitute item.
Engineer will be the sole judge of acceptability. No "or
equal" or substitute will be ordered, installed or utilized
until Engineer's review is complete, which will be
evidenced by either a Change Order for a substitute or an
approved Shop Drawing for an "or equal." Engineer will
advise Contractor in writing of any negative
determination.
D. Special Guarantee: Owner may require
Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any
substitute.
E. Engineer's Cost Reimbursement: Engineer
will record Engineer's costs in evaluating a substitute
proposed or submitted by Contractor pursuant to
Paragraphs 6.05.A.2 and 6,05.B Whether or not Engineer
approves a substitute item so proposed or submitted by
Contractor, Contractor shall reimburse Owner for the
charges of Engineer for evaluating each such proposed
substitute. Contractor shall also reimburse Owner for the
charges of Engineer for making changes in the Contract
Documents (or in the provisions of any other direct
contract with Owner) resulting from the acceptance of
each proposed substitute.
F. Contractor's Expense: Contractor shall
provide all data in support of any proposed substitute or
"or-equal" at Contractor's expense.
6,06 Concerning Subcontractors, Suppliers, and
Others
A. Contractor shall not employ any Subcon-
tractor, Supplier, or other individual or entity (including
those acceptable to Owner as indicated in Paragraph
6.06,B), whether initially or as a replacement, against
whom Owner may have reasonable objection. Contractor
shall not be required to employ any Subcontractor,
Supplier, or other individual or entity to famish or
perform any of the Work against whom Contractor has
reasonable objection,
B. If the Supplementary Conditions require the
identity of certain subcontractors, Suppliers, or other
individuals or entities to be submitted to Owner in
advance for acceptance by Owner by a specified date
prior to the Effective Date of the Agreement, and if
Contractor has submitted a list thereof in accordance with
the Supplementary Conditions, Owner's acceptance
(either in writing or by failing to make written objection
thereto by the date indicated for acceptance or objection
in the Bidding Documents or the Contract Documents) of
any such Subcontractor, Supplier, or other individual or
entity so identified may be revoked on the basis of 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 an appropriate
Change Order will be issued. No acceptance by Owner of
any such Subcontractor, Supplier, or other individual or
entity, whether initially or as a replacement, shall consti-
tute a waiver of any right of Owner or Engineer to reject
defective Work.
C. Contractor shall be fully responsible to Owner
and Engineer for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or
entities performing or An any of the Work just as
Contractor is responsible for Contractor's own acts and
omissions. Nothing in the Contract Documents:
1, shall create for the benefit of any such
Subcontractor, Supplier, or other individual or entity any
contractual relationship between Owner or Engineer and
any such Subcontractor, supplier or other individual or
entity, nor
2. shall anything in the Contract Documents
create any obligation on the part of Owner or
Engineer to pay or to see to the payment of any moneys
due arty such Subcontractor, Supplier, or other individual
EJCDC C-700 Standard General ConditiOnS Of the Construction Contract.
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or entity except as may otherwise be required by Laws
and Regulations.
D. Contractor shall be solely responsible for
scheduling and coordinating The Work of Subcontractors,
Suppliers, and other individuals or entities performing or
furnishing any of the Work under a direct or indirect
contract with Contractor.
E. Contractor shall require all Subcontractors,
Suppliers, and such other individuals or entities per-
forming or furnishing any of the Work to communicate
with Engineer through Contractor.
F. The divisions and sections of the Specifica-
tions and the identifications of any Drawings shall not
control Contractor in dividing the Work among Subcon-
tractors or Suppliers or delineating the Work to be
perf6rined by any specific trade.
G. All Work performed for Contractor by a
Subcontractor or Supplier will be pursuant to an appro-
priate agreement between Contractor and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable. terms and
conditions of the Contract Documents for the benefit of
Owner and Engineer- Whenever any such agreement is
with a Subcontractor or Supplier who is listed as an
additional insured on the property insurance provided in
Paragraph 5,06, the agreement between the Contractor
and the Subcontractor or Supplier will contain provisions
whereby the Subcontractor or Supplier waives all rights
against Owner, Contractor, and Engineer,, and all other
individuals or entities identified in the Supplementary
Conditions to be listed as insureds or additional insureds
(and the officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of them)
for all losses and damages caused by, arising out of,
relating to, Or resulting from any of the perils or causes of
loss covered by such policies and any other property
insurance applicable to the Work. If the insurers on any
such policies require separate waiver forms to be signed
by any Subcontractor or Supplier, Contractor will obtain
the same.
6.07 Patent Fees and Royalties
A. Contractor shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work
of any invention, design,, process, product, or device
which is the subject of patent rights or copyrights held by
others. If a particular invention, design, process, product,
or device is specified in the Contract Documents for use
in the performance of the Work and if to the actual
knowledge of Owner or Engineer its use is subject to
patent rights or copyrights calling for the payment of any
license fee or royalty to others, the existence of such
rights shall be disclosed by Owner in the Contract
n
B. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
Partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to any infringement of patent rights or
copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of
any invention, design, process, product, or device not
specified in the Contract Documents,
6-08 Permits
A. Unless otherwise provided in the Supple.
mentary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist
Contractor, when necessary, in obtaining such permits
and licenses. Contractor shall pay all governmental
charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening
of Bids, or, if there are no Bids, on the Effective Date of
the Agreement- Owner shall pay all charges of utility
owners for connections for providing permanent service
to the Work.
6.09 Laws and Regulations
A. Contractor shall give all notices required by
and shall comply with all Laws and Regulations 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 perform any Work knowing or
having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all clairgs, costs,
losses, and damages (including but not limited to all fees
and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's primary
responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations,
but this shall not relieve Contractor of Contractor's
obligations under Paragraph 3.03.
C. Changes in Laws or Regulations not known at
the time of opening of Bids (or, on the Effective Date of
the Agreement if there were no Bids) having an effect on
the cost or time of performance of the Work shall be the
subject of an adjustment in Contract Price or Contract
Times. If Owner and Contractor are unable to agree on
entitlement to or on the amount or extent, if any, of any
Suc aujuaullznt, a attar may e ma e therefor as
provided in Paragraph 10,05.
EJCDC C-700 Standard General Conditions at the Construction Contract.
Copyright 0 2002 National Soelety ofProfeWanzi Engineers for EJCDC. All eights reserved.
00700-20
6.10 praxes
A. C on t rac t o r shall pay all sales, consumer, use,
and other similar taxes required to be paid by Contractor
in accordance with the Laws and Regulations of the place
of the Project which are applicable during the
performance of the Work,
6.11 Use of5iie and Other Areas
A. Limitation on Use of Site and Other Areas
1. Contractor shall confine construction equip
men t, the storage of materials and equipment, and the
operations of workers to the Site and other areas
permitted by Laws and Regulations, and shall not
unreasonably encumber the Site and other areas with
construction equipment or other materials or equipment.
Contractor shall assume fall responsibility for any
damage to any such land or area, or to the owner or
occupant thereof, or of any adjacent land or areas
resulting from the perfonnarice of the Work,
2. Should any claim be made by any such owner
or occupant because of the performance of the Work,
Contractor shall promptly settle with such other party by
negotiation or otherwise resolve the claim by -arbitration
or other dispute resolution proceeding or at law-
I To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, an d the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to any claim or action, legal or equitable,
brought by any such owner or occupant against Owner,
Engineer, or any other party indemnified hereunder to the
extent caused by or based upon Contractor's performance
of the Work.
B, Removal of Debris During Performance of the
Work, During the progress of the Work Contractor shall
keep the Site and other areas free from accumulations of
waste materials, rubbish, and other debris. Removal and
disposal of such waste materials, rubbish, and other debris
shall conform to applicable Laws and Regulations.
C, Cleaning: Prior to Substantial Completion of
the Work Contractor shall clean the Site and the Work
and make it ready for utilization by Owner. At the com-
pletion of the Work Contractor shall remove from the Site
all tools, appliances, construction equipment and
machinery, and surplus materials and shall restore to
original condition all property not designated for
alteration by the Contract Documents.
D, Loadfng Structures: Contractor shall not load
nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall
Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it,
6,12 Record Documents
A. Contractor shall maintain in a safe place at the
Site one record copy of all Drawings, Specifications,
Addenda, Change Orders, Work Change Directives, Field
orders, and written interpretations and clarifications in
good order and annotated to show changes made during
construction. These record documents together with all
approved Samples and a counterpart of all approved Shop
Drawings will be available to Engineer for reference.
Upon completion of the Work, these record documents,
Samples, and Shop Drawings will be delivered to Engi-
neer for Owner.
6.13 Safety and Protection
A. Contractor shall be solely responsible for
initiating, maintaining and supervising all safety precau-
tions and progran in connection with The Work.
Contractor shall take all necessary precautions for the
safety of, and shall provide the necessary protection to
pre-vent damage, injury or loss to:
1, all persons on the Site or who may be affected
by the Work;
2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off the
Site; and
3. o ther property at The Site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities, and Underground Facilities
not designated for removal, relocation, or replacement in
the course of construction.
B. Contractor shall comply with all applicable
Laws and Regulations relating to the safety of persons or
property, or to the protection of persons or property from
damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
Contractor shall notify owners of adjacent property and of
Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal,
relocation, and replacement of their property.
C. All damage, injury, or loss to any property
referred to in Paragraph 6,13.A.2 or 6.13.A.3 caused,
directly or indirectly, in whole or in part, by Contractor,
any Subcontractor, Supplier, or any other individual or
entity directly or indirectly employed by any of them to
perform any of the Work, or anyone for whose acts any of
them may be liable, shall be remedied by Contractor
(except damage or loss attributable to the fault of Draw-
EJCDC C-700 Standard General Conditions of the Construction Contract.
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00700-21
ings or Specifications or to the acts or ormssions of
Owner or Engineer or , or anyone employed by any of
them or anyone for whose act any of them may be
liable, and not attributable, directly or indirectly, in whole
or in part, to the fault or negligence of Contractor or any
Subcontractor, Supplier, or other individual Or entity
directly or indirectly employed by any of them).
D. Contractor's duties and responsibilities for
safety and for protection of the Work shall continue until
such time as all the Work is completed and Engineer has
issued a notice to Owner and Contractor in accordance
with Paragraph 14,07,B that the Work is acceptable
(except as otherwise expressly provided in connection
with Substantial Completion).
6.14 Safety Representative
A. Contractor shall designate a qualified and
experienced safety representative at the Site whose duties
and responsibilities shall be the Prevention of accidents
and the maintaining and supervising of safety precautions
and programs.
6.15 Hazard Communication Programs
A. Contractor shall be responsible for coordi-
nating any exchange of material safety data sheets or
other hazard comuriunicatiQn information required to be
made available to or exchanged between or among
employers at the Site in accordance with Laws or
Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or protec-
tion of persons or the Work or property at - the Site or
-adjacent thereto, Contractor is obligated to act to prevent
threatened damage, injury, or loss. Contractor shall give
Engineer prompt written notice if Contractor believes that
any significant changes in the Work or variations from the
Contract Documents have been caused thereby or are
required a's a result thereof. If Engineer determines that a
change in the Contract Documents is required because of
the action taken by Contractor in response to such an
emergency, a Work Change Directive or Change Order
will be issued.
6.17 Shop Drawings and Samples
A. Contractor shall submit Shop Drawings and
Samples to Engineer for review and approval in accor-
dance with the acceptable Schedule of Submittals (as
required by Paragraph 2.07). Each submittal will be
identified as Engineer may require.
I. Shop Drawings
a. Submit number of copies specified in the
General Requirements-
b Data shown on the Shop Drawings will be
complete with respect to quantities, dimensions,
specified performance and design criteria,
materials, and similar data 10 show Engineer the
services, materials, and equipment Contractor
proposes to provide and to enable Engineer to
review the information for the limited purposes
required by Paragraph 6.17.1),
2. Samples: Contractor shall also submit
Samples to Engineer for review and approval in accor-
dance with the acceptable schedule of Shop Drawings and
Sample submittals.
a. Submit number of Samples specified in the
Specifications.
b. Clearly identify each Sample as to material,
Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as
Engineer may require to enable Engineer to
review The submittal for the limited purposes
required by Paragraph 6.17,1).
. B. Where a Shop Drawing or Sample is required
by the Contract Documents or the Schedule of Submittals
, any related Work performed prior to Engineer's review
and approval of the pertinent submittal will be at the sole
expense and responsibility of Contractor,
C. Submittal Procedures
L Before submitting each Shop Drawing or
Sample, Contractor shall have determined and verified:
a- all field measurements, quantities, dimensions,
specified performance and design criteria,
installation requirements, materials, catalog
numbers, and similar information with respect
thereto;
b. the suitability of all materials with respect to
intended use, fabrication, shipping, handling,
storage, assembly, and installation pertaining to
the performance of the Work;
C. all information relative to Contractor's
responsibilities for means, methods, techniques,
sequences, and procedures of construction, and
safety precautions and programs incident thereto;
and
d, shall also have reviewed and coordinated each
Shop Drawing or Sample with other Shop
Drawings and Samples and with the
requirements of the Work and the Contract
Documents.
2. Each submittal shall bear a stamp or specific
written certification that Contractor has satisfied
Contractor's obligations under the Contract Documents
EJCDC C-100 Standard General Conditions of the Construction Contract.
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007DO - 22
with respect to Contractor's review and approval of that
submittal.
3. With each submittal, Contractor shall give
Engineer specific written notice of any variations, that the
Shop Drawing or Sample may have from the requirements
of the Contract Documents, This notice shall be both a
written communication separate from the Shop Drawing's
or Sample Subrninal and, in addition, by a specific
notation made on each Shop Drawing or Sample submit-
led to Engineer for review and approval of each such
variation.
D—Engineer's Review
1. Engineer will provide timely review of Shop
Drawings and Samples in accordance with the Schedule
of Submittals acceptable to Engineer. Engineer's review
and approval will be only to determine if the item
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract Docu-
ments,
2, Engineer's review and approval will not
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular
means, method, technique, sequence, or procedure of con-
struction is specifically, and expressly called for by the
Contract Documents) or to safety precautions or program
incident thereto. Ile review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions.
3. Engineer's review and approval shall not
relieve Contractor from responsibility for any variation
from the requirement of the Contract Documents unless
Contractor has complied with the requirements of
Paragraph 6.17.0.3 and Engineer has given written
approval of each such variation by specific written
notation thereof incorporated in or accompanying the
Shop Drawing or Sample. Engineer's review and approval
shall not relieve Contractor from responsibility for
complying with the requirements of Paragraph 6.17.0.1.
E. Resubmittal Procedures
1. Contractor shall make 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 writing to revisions other than
the corrections called for by Engineer on previous
submittals.
6.18 Continuing the Work
A. Contractor shall carry on the Work and adhere
to the Progress Schedule during all disputes or
disagreements with Owner. No Work shall be delayed Or
postponed pending resolution of any disputes or
disagreements, except as permitted by Paragraph 15.04 or
as Owner and Contractor may otherwise agree in writing,
6,19 Contractor's General Warranty and Guarantee
A. Contractor warrants and guarantees to Owner
that all Work will be in accordance with the Contract
Documents and will not be defective. Engineer and its
Related Entities shall be entitled to rely on representation
of Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee
hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance
or operation by persons other Than Contractor, Sub-
contractors, Suppliers, or any other individual or entity for
whom Contractor is responsible; or
2. normal wear and tear under normal usage,
C. Contractor's obligation to perform and
complete The Work in accordance with the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not in accordance
with the Contract Documents or a release of Contractor's
obligation to perform the Work in accordance with the
Contract Documents:
I. observations by Engineer;
2. recommendation by Engineer or payment by
Owner of any progress or final payment;
1 the issuance of a certificate of Substantial
Completion by Engineer or any payment related thereto
by Owner;
4, use or occupancy of the Work or any part
thereof by Owner;
5, any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of acceptabil-
ity by Engineer;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by Owner.
6,20 Indemnification
A. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants and
,subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
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arbitration or other dispute resolution costs) arising out of
or relating to the performance of the Work, provided that
any such claim, cost, loss, or damage is attributable to
bodily injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the Work
itself), including the loss of use resulting therefrom but
only to the extent caused by any negligent act or omission
of Contractor, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any
of them to perform any of the Work or anyone for whose
acts any of them may be liable .
B. In any and all claims against Owner or
Engineer or any of their respective consultants, agents,
officers, directors, partners, or employees by any employ-
ee (or the survivor or personal representative of such
employee) of Contractor, airy Subcontractor, any
Supplier, or any individual or entity directly or indirectly
employed by any of them to perform any of the Work, or
anyone for whose acts any of them may be liable, the
indemnification obligation under Paragraph 6.20.A shall
not be limited in any way by any limitation on the amount
or type of damages, compensation, or benefits payable by
or for Contractor or any such Subcontractor, Supplier, or
other individual or entity under workers' compensation
acts, disability benefit acts, or other employee benefit
acts.
shall appear on all drawings, calculations, specification
certifications, Shop Drawings and other submittals
prepared by such professional. Shop Drawings and other
submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such
professional's written approval when submitted to
Engineer.
C. Owner and Engineer shall be entitled to rely
upon the adequacy, accuracy and completeness of the
services, certifications or approvals performed by such
design professionals, provided Owner and Engineer have
specified to Contractor all performance and design criteria
that such services must satisfy.
D. Pursuant to this Paragraph 6,21, Engineer's
review and approval of design calculations and design
drawings will be only for the limited purpose of checking
for conformance with performance and design criteria
given and the design concept expressed in the Contract
Documents. Engiheer's review - and approval of Shop
Drawings and other submittals (except design calculations
and design drawings) will be only for the purpose stated
in Paragraph 6.17. D, I -
E. Contractor shall not be responsible for the
adequacy of the performance or design criteria required
by the Contract Documents.
C. The indemnification obligations of Contractor
under Paragraph 6.20.A shall not extend to The liability of
Engineer and Engineer's officers, • directors, partners,
ARTICLE 7 - OTHER WORK AT THE SITE
employees, agents, consultants and subcontractors arising
out of
7.01 Related Work at Site
1, the preparation or approval of, or the failure to
prepare or approve, maps, Drawings, opinions, reports,
A. Owner may perform other work related to the
surveys, Change Orders, designs, or Specifications; or
Project at the Site witli Owner's employees, or via other
direct contracts therefor, or have other - work performed by
2. giving directions or instructions, or failing to
utility owners. If such other work is not noted in the Con-
give them, if that is the primary cause of the injury or
tact Documents, then;
damage.
1. written notice thereof will be given to
6.21 Delegation of Professional Design. Services
Contractor prior to starting any such other work, and
A. Contractor will not be required to provide
2. if Owner and Contractor are unable to agree
professional design services unless such services are
on entitlement to or on the amount or extent if any, of
specifically required by the Contract Documents for a
any adjustment in the Contract Price or Contract Times
portion of the Work or unless such services are required
that should be allowed as a result of such other work, a
to carry out Contractor's responsibilities for construction
Claim may be made therefor as provided in Paragraph
means, methods, techniques, sequences and procedutes.
10.05.
Contractor shall not be required to provide professional
services in violation of applicable law.
B. Contractor shall afford each other contractor
who is a party to such a direct contract, each utility owner
B. If professional design services or
and Owner, if Owner is performing other work with
certifications by a design professional related to systeins,
Owner's employees, proper and safe access to the Site, a
materials or equipment are specifically required of
reasonable opportunity for the introduction and storage of
Contractor by the Contract Documents, Owner and
materials and equipment and the execution of such other
Engineer will specify all performance and design criteria
work, and shall property coordinate the Work with theirs.
that such services must satisfy. Contractor shall cause
Contractor shall do all cutting, fitting, and patching of the
such services or certifications to be provided by a
Work that may be required to properly connect or
properly licensed professional, whose signature and seal
otherwise make its several parts come together and
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properly integrate with such other work. Contractor shall
not endanger any work of others by cutting, excavating,
or otherwise altering their work and will only cut or alter
their work with the written consent of Engineer and the
others whose work will be affected. The duties and
responsibilities of Contractor under this Paragraph are for
the benefit of such utility owners and other contractors to
the extent that there are comparable provisions for the
benefit of Contractor in said direct contracts between
Owner and such utility owners and other contractors.
C. If the proper execution or results of any part
of Contractor's Work depends upon work performed by
others under this Article 7, Contractor shall inspect such
other work and promptly report to Engineer in writing any
delays, defects, or deficiencies in such other work that
render it unavailable or unsuitable for the proper
execution and results of Contractor's Work. Contractor's
failure to so report will constitute an acceptance of such
other work as fit and proper for integration with
Contractor's Work except for latent defects and
deficiencies in such other work.
7-02 Coordination
X If Owner intends to contract with others for
the performance of other work on the Project at the Site,
the following will be set forth in Supplementary Condi-
tions:
1. the individual or entity who will have
authority .and - responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such
authority and responsibility will be itemized; and
3. the extent of such authority and responsibili-
ties will be provided,
B_ Unless otherwise provided in the
Supplementary Conditions, Owner shall have sole
authority and responsibility for such coordination.
7.03 Legal Relationships
A. Paragraphs 7.01,A and 7.02 are not applicable
for utilities not under the control of Owner.
B. Each other direct contract of Owner under
Paragraph 7.01.A shall provide that the other contractor is
liable to Owner and Conti-actor for the reasonable direct
delay and disruption costs incurred by Contractor as a
result of the other contractor's actions or inactions.
C. Contractor shall be liable to Owner and any
other contractor for the reasonable direct delay and
disruption costs incurred by such other contractor as a
result of Contractor's action or 'inactions.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8-01 Communications to Contractor
A. Except as otherwise provided in these General
Conditions, Owner shall issue all communicatio t
Contractor through Engineer.
8,02 Replacement of Engineer
A. In case of termination of the employment of
Engineer, . Owner shall appoint an engineer to whom
Contractor makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
Engineer.
8.03 Furnish Data
A. Owner shall promptly famish The data
required of Owner under the Contract Documents,
8.04 Pay When Due
A. Owner shall make payments to Contractor
when they are due as provided in Paragraphs 14,02.0 and
14.07.0.
8.05 Lands and Easements; Reports and Tests
A. Owner's duties in respect of providing lands
and easements and providing engineering surveys 10
establish reference points are set forth in Paragraphs 4.01
and 4,05, Paragraph 4.02 refers to Owner's identifying
and nuking available to Contractor copies of reports of
explorations and tests of subsurface conditions and
drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to The
Site that have been utilized by Engineer in preparing the
Contract Documents.
8.06 Insurance
A. Owner's responsibilities, if any, in respect to
purchasing and maintaining liability and property insur-
ance are set forth in Article 5.
8.07 Change Orders
• A. Owner is obligated to execute Change Orders
as indicated in Paragraph 10,03,
8.08 Inspections, Tests, and Approvals
A. Owner's responsibility in respect to certain
inspections, tests, and approvals is set forth in Paragraph
1103.B.
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8,09 Limitations on Owner's ResponsiWirfes
A. Tire Owner shall not supervise, direct, or have
control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of Contractor
to comply with Laws and Regulations applicable to the
performance of the Work. Owner will not be responsible
for Contractor's failure to perform the Work in
accordance with the Contract Documents.
8.10 Undisclosed Hazardous Environmental
Condition
A. Owner's responsibility in respect to an undis-
closed Hazardous Environmental Condition is set forth in
Paragraph 4.06,
8,11 Evidence of Financial Arrangements
A- If and to The extent Owner has agreed to
furnish Contractor reasonable evidence that financial
-arrangements have been made to satisfy Owner's
obligations under the Contract Documents, Owner's
-responsibility in respect thereof will be as set forth in the
Supplementary Conditions.
ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
9.01 Owners Representative
A. Engineer will be Owner's representative
during the construction period. The duties and responsi-
bilities and the lin-dtations of authority of Engineer as
Owner's representative during construction are set forth
in the Contract Documents and will not be changed
without written consent of Owner and Engineer.
9.02 Mks to 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 Contractor's executed Work. Based on
L information obtained during such visits and observations,
Engineer, for the benefit of Owner, will determine, in
general, if the Work is proceeding in accordance with the
Contract Documents. Engineer will not be required to
make exhaustive or continuous inspections on the Site to
check the quality or quantity of the Work. Engineer's
efforts will be directed toward providing for Owner a
greater degree of confidence that the completed Work will
conform generally to the Contract Documents. On the
basis of such visits and observations, Engineer will keep
Owner informed of the progress of the Work and will
endeavor to guard Owner against defective Work,
B. Engineer's visits and observations are subject
to all the limitations on Engineer's authority and
responsibility set forth in Paragraph 9.09, Particularly, but
without limitation, during or as a result of Engineer's
visits or observations of Contractor's Work Engineer will
not supervise, direct, control, or have authority over or be
responsible for Contractor's means, methods, techniques,
sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of Contractor to comply with Laws and
Regulations applicable to the performance of the Work.
9-03 Project Representative
A. if Owner and Engineer agree, Engineer will
furnish a Resident Project Representative to assist
Engineer in providing more extensive observation of the
Work- The authority and responsibilities of any such
Resident Project Representative and assistants will be as
provided in the Supplementary Conditions, and
limitations on the responsibilities thereof will be as
provided in Paragraph 4.09, If Owner designates another
representative or agent to represent Owner at the Site who
is not Engineer's consultant, agent or employee, the
responsibilities and authority and limitations thereon of
such other individual or entity will be as provided in the
Supplementary Conditions.
9.04 Authorized Yariations in Work
A. Engineer may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a
furictioning; whole as indicated by the Contract Docu-
ments. These may be accomplished by a Field Order and
will be binding on Owner and also on Contractor, who
shall perform the Work involved promptly. If Owner or-
Contractor believes that a Field Order justifies an
adjustment in the Contract Price or Contract Times, or
both, and the parties are unable to agree on entitlement to
or on the amount or extent, if any, of any such adjustment
, a Claim may be made therefor as provided in Paragraph
10.05.
9.05 Rejecting Defective Work
A. Engineer will have authority to reject Work
which Engineer believes to be defective, or that Engineer
believes will not produce a completed Project that
conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed
Project as a functioning whole as indicated by the
Contract Documents. Engineer will also have authority to
require special inspection or testing, of the Work as
provided in Paragraph 13.04, - whether or not the Work is
fabricated, installed, or completed.
EJCDC C-700 Standard General Conditions of the construction Contract.
Copyright 0 2002 Natiooal Society of pro(essiorcal Enion— for IEJCDC. All rights reserved.
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9,06 Shop Drawings, Change Orders and Payments
A, In connection with Engineer's authority, and
limitations thereof, as to Shop Drawings and Samples, see
Paragraph 6AT
B. In connection with Engineer's authority, and
limitations thereof, as to design calculations and design
drawings submitted in response to a delegation of
professional design services, if any, see Paragraph 6.21.
C. In connection with Engineer's authority as to
Change Orders, see Articles 10, 11, and 12.
D_ In connection with Engineer's authority as to
Applications for Payment, see Article 14.
9-07 ,Determinations for Unit Price Work
A- Engineer will determine the actual quantifies
and classifications of Unit Price Work performed by
Contractor. Engineer will review with Contractor the
Engineer's preliminary determinations on such matters
before rendering a written decision thereon (by
recommendation of an Application for Payment or
otherwise). Engineer's written decision thereon will be
final and binding (except as modified by Engineer to
reflect changed factual conditions or more accurate data)
upon Owner and Contractor, subject to the provisions of
Paragraph 10.05.
9M Decisions on Requirements of Contract
Documents and Acceptability of Work
A. Engineer will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. All matters in
question and other matters between Owner and Contractor
arising prior to the date final payment is due relating to
the acceptability of the Work, and the interpretation of the
requirements of the Contract Documents pertaining to the
performance of the Work, will be referred initially to
Engineer in writing within 30 days of the event giving rise
to the question
B. Engineer will, with reasonable promptness,
render a written decision on the issue referred. If Owner
or Contractor believe that any such decision entitles them
to an adjustment in the Contract Price or Contract Times
or both, a Claim may be made under Paragraph 10.05.
The date of Engineer's decision shall be the date of the
event giving rise to the issues referenced for the purposes
of Paragraph 10.05.B.
partiality to Owner or Contractor and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity.
9.09 Limitations on Engineer's Authority and
Responsibilities
A. Neither Engineer's authority or responsibility
under this Article 9 or under any other provision of the
Contract Documents nor any decision made by Engineer
in good faith either to exercise or not exercise such
authority or responsibility or the undertaking, exercise, or
performance of any authority or responsibility by
Engineer shall create, impose, or give rise to any duty in
contract, tort, or otherwise owed by Engineer to
Contractor, any Subcontractor, any Supplier, any other
individual or entity, or to any surety for or employee or
agent of any of them.
B. Engineer will not supervise, direct, control, or
have authority over or be responsible for Contractor's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of Contractor to
comply with Laws and Regulations - applicable to the
performance of the Work. Engineer will not be respon-
sible for Contractor's failure to perform the Work in
accordance with the Contract Documents.
C, Engineer will not be responsible for The acts
or omissions of Contractor or of any Subcontractor, any
Supplier, or of any other individual or entity performing
any of the Work.
D. Engineer's review of the final Application for
Payment and accompanying documentation and all
maintenance and operating instructions, schedules,
guarantees, bonds, certificates of inspection, tests and
approvals, and other documentation required to be
delivered by Paragraph 14.07.A will only be to determine
generally that their content complies with the require-
ments of, and in the case of certificates of inspections,
tests, and approvals that the results certified indicate
compliance with the Contract Documents.
E. The limitations upon authority and responsi-
bility set forth in this Paragraph 9.09 shall -also apply to,
the Resident -Project Representative, if any, and assistants,
if any.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
C. Engineer's written decision on the issue
referred will be final and binding on Owner and A. Without invalidating the Contract and without
Contractor, subject to the provisions of Paragraph 10.05, notice to any surety, Owner may, at any time or from time
to time, order additions, deletions, or revisions in the
D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive,
under this Paragraph 9,08, Engineer will not show Upon receipt of any such document, Contractor shall
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright 0 2002 National S o f Professional Engineers for EJCDC. All rights reserved.
00700-27
promptly proceed with the Work involved which will be
performed under the applicable conditions of the Contract
Documents (except as otherwise specifically provided).
B. If Owner and Contractor are unable to agree
on entitlement to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Times, or
both, that should be allowed as a result of a Work Change
Directive, a Claim may be made therefor as provided in
Paragraph 10,05.
10,02 Unauthorized Changes in the Work
A-Contractoy shall not be entitled to an increase
in the Contract Price or an extension of the Contract
Times with respect to any work performed that is not
required by the Contract Documents as amended,
modified, or supplemented as provided in Paragraph 3.04,
except in the case of an emergency as provided in
Paragraph 6.16 or in the case of uncovering Work as
provided in Paragraph 13.04.13.
10.03 Execution of Change Orders
A. Owner and Contractor shall execute appropri-
ate Change Orders recommended by Engineer covering:
1. changes in the Work which are: (i) ordered by
Owner pursuant to Paragraph 10,01.A, (ii) required
because of acceptance of defective Work under Paragraph
13.08-A or Owner's correction of defective Work under
Paragraph 13-09, or (iii) agreed to by the parties;
2, changes in the Contract Price or Contract
Times which are agreed to by the parties, including any
undisputed sum or amount of time for Work actually
performed in accordance with a Work Change Directive;
and
10.05 Claims
A. Engineers Decision Required; All Claims,
except those waived pursuant to Paragraph 14,09, shall be
referred to the Engineer for decision. A decision by
Engineer shall be required as a condition precedent to any
exercise by Owner or Contractor of any rights or remedies
either may other have under the Contract Documents
or by haws and Regulations in respect of such Claims.
B. Notice: Written notice stating the general
nature of each Claim, shall be delivered by the claimant to
Engineer and the other party to the Contract promptly (but
in no event later than 30 days) after the start of the event
giving rise thereto. The responsibility to substantiate a
Claim shall rest with the party making the Claim. Notice
of the amount or extent of the Claim, with supporting data
shall be delivered to the Engineer and the other party to
the Contract within 60 days after the start of such event
(unless Engineer allows additional time for claimant to
submit additional or more accurate data in support of such
Claim). A Claim for an adjustment in Contract Price shall
be prepared in accordance with the provisions of
Paragraph 12.01.13. A Claim for an adjustment in Contract
Time shall be prepared in accordance with the provisions
of Paragraph 12.02.13. Each Claim shall be accompanied
by claimant's written statement that the adjustment
claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. The
opposing party shall submit any response to Engineer and
the claimant within 30 days after receipt of the claimant's
last submittal (unless Engineer allows additional time).
C. Engineer's Action Engineer will review each
Claim and, within 30 days after receipt of the last
submittal of the claimant or the last submittal of the
opposing party, if any, take one of the following actions
in writing:
3. changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by Engineer pursuant to Paragraph
10.05; provided that, in lieu of executing any such
Change Order, an appeal may be taken from any such
decision in accordance with the provisions of the Contract
Documents and applicable Laws and Regulations, but
during any such appeal, Contractor shall carry on the
Work and adhere to the Progress Schedule as provided in
Paragraph 6.18.A.
10,04 Notfrication to Surety
A. If notice of any change affecting the general
,scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price
or Contract Times) is required by the provisions of any
bond to be given to a surety, the giving of any such notice
will be Contractor's responsibility. The amount of each
applicable bond will be adjusted to reflect the effect of
any such change.
1, deny the Claim in whole or in part,
2. -approve the Claim, or
3. notify the parties that the Engineer is unable to
resolve the Claim if, in the Engineer's sole discretion, it
would be inappropriate for the Engineer to do so. For
purposes of further resolution of the Claim, such notice
shall be deemed a denial,
D. In the event that Engineer does not take action
on a Claim within said 30 days, the Claim shall be
deemed denied.
E_ Engineer's written action under Paragraph
MOS,C or denial pursuant to Paragraphs 10.05.0.3 or
10,05,I) 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,
EJCDC C-700 Standard General Conditions orthe construction Contract.
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F. No Claim for an adjustment in Contract Price
or Contract Times will be valid if not submitted in
accordance with this Paragraph 10-05,
ARTICLE II - COST OF THE WORK;
ALLOWANCES; UNIT PRICE WORK
11-01 Cost of the Work
A, Costs Included. The term Cost of the Work
means the sum of all costs, except those excluded in
Paragraph 11.01.13, necessarily incurred and paid by
Contractor in the proper performance of the Work When
the value of any Work covered by a Change Order or
when a Claim for an adjustment in Contract Price is
determined on the basis of Cost of The Work, the costs to
be reimbursed to Contractor will be only those -additional
or incremental costs required because of the change in the
Work or because of the event giving rise to the Claim.
Except as otherwise may be agreed to in writing by
Owner, such costs shall be in amounts no higher than
those prevailing in the locality of the Project, shall include
only the following items;, and shall not include any of the
costs itemized in Paragraph I I M,B.
1. Payroll costs for employees in the direct
employ of Contractor in the performance of the Work
under schedules of job classifications agreed upon by
Owner and Contractor- Stich employees shall include,
without lirnitation, superintendents, foremen, and other
personnel employed full time at the Site. Payroll costs for
employees not employed full time on the Work shall be
apportioiied on the basis of their time spent on the Work.
Payroll costs shall include, but not be limited to, salaries
and wages plus the cost of fringe benefits, which shall
include social security contributions, unemployment,
excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation. and
holiday pay applicable thereto. The expenses of
performing Work outside of regular working hours, on
Saturday, Sunday, or legal holidays, shall be included in
the above to the extent authorized by Owner,
2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to Contractor unless Owner
deposits funds with Contractor with which to make pay-
ments, in which case the cash discounts shall accrue to
Owner All trade discounts- rebates and refunds and
Contractor and shall deliver such bids to Owner, who will
then determine, with the advice of Engineer, which bids,
if any, will be acceptable. If any subcontract provides That
The Subcontractor is to be paid on the basis of Cost of the
Work plus a fee, the Subcontractor's Cost of the Work
and fee shall be determined in the same manner as
Contractor's Cost of the Work and fee as provided in this
Paragraph 11,01.
4. Costs of special consultants (including but not
limited io Engineers, architects, testing laboratories,
surveyors, attorneys, and accountants) employed for
services specifically related to the Work.
5. Supplemental costs including the following.
a. The proportion of necessary transportation,
travel, and subsistence expenses of Contractor's
employees incurred in discharge of duties
connected with the Work.
b. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary
facilities at the Site, and band tools not owned by
the workers, which are consumed in the perfor-
mance of the Work, and cost, less market value,
of such items used but not consumed which
remain the property of Contractor.
c, Rentals of all construction equipment and
machinery, and the parts thereof whether rented
from Contractor or others in accordance with
rental agreements approved by Owner with the
advice of Engineer, and the costs of
transportation, loading, unloading, assembly,
dismantling, and removal thereof. All such costs
shall be in accordance with the terms of said
rental agreements. The rental of any such equip-
ment, machinery, or parts shall cease when the
use thereof is no longer necessary for the Work.
d. Sales, consumer, use, and other similar taxes
related to the Work, and for which Contractor is
liable, imposed by Laws and Regulations.
e. Deposits lost for causes other than negligence
of Contractor, any. Subcontractor, or anyone
directly or indirectly emploved by any of them or
for whose acts any of them may be liable, and
royalty payments and fees for permits and
licenses.
returns . from sale of surplus materials and equipment shall f Losses and damages (and related expenses)
accrue to Owner, and Contractor shall make provisions so caused by damage to the Work, not compensated
that they may be obtained. by insurance or otherwise, sustained by
Contractor in connection with the performance
3. Payments made by Contractor to of the Work (except losses and damages within
Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance
required by Owner, Contractor shall obtain competitive established in accordance with Paragraph
bids from subcontractors acceptable to Owner and 5.06-D), provided - such losses and damages have .
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0070-29
resulted from causes other than the negligence of
Contractor, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such
losses shall include settlements made with The
written consent and approval of Owner. No such
losses, damages, and expenses shall be included
in the Cost of the Work for the purpose of
determining, Contractor's fee.
g. The cost of utilities, fuel, and sanitary
facilities at the Site.
h. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the
Site, expresses, and similar petty cash items in
connection with the Work.
i, The costs of premiums for all bonds and
insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work
shall not include any of The following items;
1. Payroll costs and other compensation of
Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers,
safety managers, engineers, architects, estimators, attor-
neys, auditors, accountants, purchasing and contracting
agents, expediters, timekeepers, clerks, and other
persormel employed by Contractor, whether at the Site or
in Contractor's principal or branch office for general
administration of the Work and not specifically included
in the agreed upon schedule of job classifications referred
to in Paragraph 11,01.A.1 or specifically covered by
Paragraph 11.01.A.4, all of which are to be consideted
administrative costs covered by the Contractor's fee,
ti 2. Expenses of Contractor's principal and branch
offices other than Contractor's office at the Site.
3. Any part of Contractor's capital expenses,
including interest on Contractor's capital employed for
the Work and charges against Contractor for delinquent
payments.
4. Costs due to the negligence of Contractor, any
Subcontractor, or anyone directly or indirectly employed
r by any of them or for whose acts any of Them may be
liable, including but not limited to, the correction of
defective Work disposal of materials or equipment
wrongly supplied, and making good any damage to
property.
5. Other overhead or &�ncral expense costs of
any kind and the costs of any item not specifically and
expressly included in Paragraphs 11.01.A and 11,01.B.
C. Contractor's Fee: When all the Work is
performed on the basis of cost-plus, Contractor's fee shall
be determined as set forth in the Agreement- When the
value of any Work covered by a Change Order or when a
Claim for an adjustment in Contract Price is determined
on the basis of Cost of the Work, Contractor's fee shall be
determined as set forth in Paragraph 12,01 .C,
D. Documentation: Whenever the Cost of the
Work for any purpose is to be determined pursuant to
Paragraphs 11.0 LA and I L0 LB, Contractor will establish
and maintain records thereof in accordance with generally
accepted accounting practices and submit in a form
acceptable to Engineer an iternized cost breakdown
together with supporting data.
11.02 Allowances
A. It is understood that Contractor has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be performed for such sums and by such persons or
entities as may be acceptable to Owner and Engineer.
B. Cash Allowances
1. Contractor agrees that:
a. the cash allowances include the cost to
Contractor (less any applicable trade discounts)
of materials and equipment required by the
allowances to be delivered it the Site, and all
applicable taxes; and
b. Contractor's costs for unloading and handling
on the Site, labor, installation , overhead, profit,
and other expenses contemplated for the cash
allowances have been included in the Contract
Price and not in the allowances, and no demand
for additional payment on account of any of the
foregoing will be valid.
C. Contingency Allowance
1. Contractor agrees that a contingency
allowance, if any, is for the sole use of Owner to cover
unanticipated costs.
D. Prior to final payment, an appropriate Change
Order will be issued as recommended by Engineer to
reflect actual amounts due Contractor on account of Work
covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the 'unit price
for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in
the Agreement,
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B. Tire estimated quantities of items of Unit
Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial
Contract Price- Determinations of the actual quantities
and classifications of Unit Price Work performed by
Contractor will be made by Engineer subject to the
provisions of Paragraph 9.07.
C. Each unit price will be deemed to include an
amount considered by Contractor to be adequate to cover
Contractor's overhead and profit for each separately
identified item,
D. Owner or Contractor may make a Claim for
an adjustment in the Contract Price in accordance with
Paragraph 10,05 if
1, the quantity of any item of Unit Price Work
pexfornted by Contractor differs materially and signifi-
cantly from the estimated quantity of such item indicated
in the Agreement and
2. there is no corresponding adjustment with
respect any other item of Work; and
3. Contractor believes that Contractor is entitled
to an increase in Contract Price as a result of having
incurred additional expense or Owner believes that Owner
is entitled to a decrease in Contract Price and the parties
are unable to agree as to the amount of any such increase
or decrease.
ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a
Change Order. Any Claim for an adjustment in the
Contract Price shall be based on written notice submitted
by the party making the Claim to the Engineer and the
other party to the Contract in accordance with the
provisions of Paragraph 10,015.
B. The value of any Work covered by a Change
Order or of any Claim for an adjustment in the Contract
Price will be determined as follows:
1. where the Work involved is covered by unit
prices contained in the Contract Documents, by applica-
tion of such unit prices to the quantities of the item
involved (subject to the provisions of Paragraph 11.03);
or
2. where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed lump sum (which may include an
allowance for overhead and profit not necessarily in
accordance with Paragraph 12.01.C.2); or
3. where the Work involved is not covered by
unit prices contained in the Contract Documents and
agreement to a lump sum is not reached under Paragraph
12.01,B.2, on the basis of the Cost of the Work
(determined as provided in Paragraph 11-01) plus a
Contractor's fee for overhead and profit (determined as
provided in Paragraph 12,01,C).
C, Contractor's Fee: The Contractor's fee fox
overhead and profit shall be determined as follows:
I. a mutually acceptable fixed fee; or
2, if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various portions
of the Cost of the Work:
a. for costs incurred under Paragraphs 11,01 .A. I
and 11.0 LA .2, the Contractor's fee shall be 15
percent;
b, for costs incurred under Paragraph 11.01_A.3,
the Contractor's fee shall be five percent;
c, where one or more tiers of subcontracts are on
the basis of Cost of the Work plus a fee and no
fixed fee is agreed upon, the intent of Paragraph
12.01,C.2,a is that the Subcontractor who
actually performs the Work, at whatever tier, will
be paid a fee of 15 percent of the costs incurred
by such Subcontractor under Paragraphs
11.0 I.A. I and I 1,0I.A.2 and that any higher tier
Subcontractor and Contractor will each be paid a
fee of five percent of the amount paid to the next
lower tier Subcontractor;
d. no fee shall be payable on the basis of costs
itemized under Paragraphs 11.01.A.4, 11.011.A.5,
and I Lo LB;
e. the amount of credit to be allowed by
Contractor to Owner for any change which
results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in Contractor's fee by an amount equal
to five percent of such net decrease; and -
f. when both additions and credits are involved
in any one change, the adjustment in
Contractor's fee shall be computed on the basis
of the net change in accordance with Paragraphs
12-ol.C.2.a through 12-01.C.2.e, inclusive.
12,02 Change of Contract Times
A- The Contract Times may only be changed by
a Change Order. Any Claim for an adjustment in the
Contract Times shall be based on written notice submitted
EJCDC C-700 StandArd'Generai Conditions of the Construction Contract.
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00700 - 31
by the party making the Claim to the Engineer and the
other party to the Contract in accordance with the
provisions of Paragraph 10,05.
B. Any adjustment of the Contract Times
covered by a Change Order or any Claim for an
adjustment in the Contract Times will be determined in
accordance with the provisions of this Article 12,
12-03 Delays
A. Where Contractor is prevented from
completing any part of the Work within the Contract
Tunes due to delay beyond the control of Contractor, the
Contract Times will be extended in an amount equal to
the time lost due to such delay if a Claim is made therefor
as provided in Paragraph 12.02.A. Delays beyond the
control of Contractor shall include, but not be limited to,
acts or neglect by Owner, acts or neglect of utility owners
or other contractors performing other Work as conternplat-
ed by Article 7, fires, floods, epiderrtics, 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 Article 7, or anyone for whom Owner is
responsible, delays, disrupts, or interferes with the
perfon-nonce or progress of the Work, then Contractor
shall be entitled to an equitable adjustment in the Contract
Price or the Contract Times , or both. Contractor's
entitlement to an adjustment of the Contract Times is
conditioned on such adjustment being essential to
Contractor's ability to complete the Work within the
Contract Times.
C If Contractor is delayed in the performance or
-progress - of the Work by fire, flood, epidemic, abnormal
weather Conditions, acts of God, acts or failures to act of
utility owners not under the control of Owner, or other
causes not the fault of and beyond control of Owner and
Contractor, then Contractor shall be entitled to an
equitable adjustment in Contract Times, if such
adjustment is essential to Contractor's ability to complete
the Work within the Conti Times. Such an adjustment
shall be Contractor's sole and exclusive remedy for the
delays described in this Paragraph 12.03.C.
D. Owner, Engineer and the Related Entities of
each of them shall not be liable to Contractor for any
claim, costs, losses, or damages (including but not
limited to all fees and charges of Engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or
anticipated project.
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
1101 Notice of Defects
A, Prompt notice of all defective Work of which
Owner or Engineer has actual knowledge will be given to
Contractor. All defective Work may be rejected,
corrected, or accepted as provided in this Article 13.
13.02 Access to Work
10
A. Owner, Engineer, their consultants and other
representatives and personnel of Owner, independent
testing laboratories, and governmental agencies with
jurisdictional interests will have access to the Site and the
Work at reasonable times for their observation,
inspecting, and testing. Contractor shall provide them
proper and safe conditions for such access and advise
them of Contractor's Site safety procedures and programs
so that they may comply therewith as applicable,
13.03 Tests and Inspections
A. Contractor shall give Engineer timely notice
of readiness of The Work for all required inspections,
tests, or approvals and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests,
B. Owner shall employ and pay for the services
of an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except
1. for inspections, tests, or approvals covered by
Paragraphs 13.03.0 and 13.03,13 below;
2. 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.C; and
3. as otherwise specifically provided in the Con-
tract Documents.
C. If Laws or Regulations of any public body
having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested, or approved by an
employee or other representative of such public body,
Contractor shall assume full responsibility for arranging
ging
and obtaining such inspections, tests, or approvals, pay all
costs in connection therewith, and famish Engineer the
required certificates of inspection or approval.
E. Contractor shall not be entitled to an
adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging
within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with
and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's
be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to
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00700-32
be incorporated in the Work or acceptance of materials,
mix designs, or equipment submitted for approval prior to
Contractor's purchase thereof for incorporation in the
Work. Such inspections, tests, or approvals shall be
perfonned by organizations acceptable to Owner and
Engineer.
E. If any Work (or the work of others) that is to
be inspected, tested, or approved is covered by Contractor
without written concurrence of Engineer, it must, if
requested by Engineer, be uncovered for observation.
F. Uncovering Work as provided in Paragraph
13.031 shall be at Contractor's expense unless
Contractor has given Engineer timely notice of
Cont%tor's intention to cover the same and Engineer has
not acted with reasonable promptness in response to such
notice.
13.04 Uncovering Work
A. It any Work is covered contrary to the written
request of Engineer, it must, if requested by Engineer, be
uncovered for Engineer's observation and replaced at
Contractor's expense.
B. If Engineer considers it necessary or advisable
that covered Work be observed by Engineer or inspected
or tested by others, Contractor, at Engineer's request,
shall uncover, expose, or otherwise make available for
observation, inspection, or testing as Engineer may
require, that portion of the Work in question, furnishing
all necessary labor, material, and equipment-
C. If it is found that the uncovered Work is
defective, Contractor shall pay all claims, costs, losses,
and darnages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals and all court or Arbitration or other dispute
resolution Costs) arising out of or relating to such
uncovering, exposure, observation, inspection, and
testing, ana of satisfactory replacement or reconstruction
(including but not limited to all costs of repair or
replacement of work of others); and Owner shall be
entitled to an appropriate decrease in the Contract Price. If
the parties are unable to agree as to the amount thereof,
Owner may make a Claim therefor as provided in
Paragraph 10.05,
D. If, the uncovered Work is not found to be
defective, Contractor shall be allowed an increase in the
Contract Price or an extension of the Contract Times, or
both, directly attributable to such uncovering, CXPOSUM,
observation, inspection, testing, replacement, and
reconstruction. If the parties are unable to agree as to the
amount or extent thereof, Contractor may make a Claim
therefor as provided in Paragraph 10.05.
13.05 Owner Alay Stop the Work
A. If the Work is defective, or Contractor fails to
supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way
that the completed Work will conform to the Contract
Documents, Owner may order Contractor to stop the
Work, or any portion thereof, until The cause for such
order has been eliminated; however, this right of Owner
to stop the Work shall not give rise to any duty on the part
of Owner to exercise this right for the benefit of
Contractor, any Subcontractor, any Supplier, any other
individual or entity, or any surety for, or employee or
agent of any of them.
13.06 Correction or Rernoval of Defective Work
A. Promptly after receipt of notice, Contr
shall correct all defective Work, whether or not
fabricated, installed, or completed, or, if the Work has
been rejected by Engineer, remove it from the Project and
replace it with Work that is not defective. Contractor shall
pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to such correction or removal (including but
not limited to all costs of repair or replacement of work of
others).
B_ When correcting defective Work under the
terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or
otherwise impair Owner's special warranty and guarantee,
if any, on said Work,
1107 Correction Period
A. If within one year after the date of Substantial
Completion (or such longer period of time as may be
prescribed by the terms of any applicable special
guarantee required by the Contract Documents) or by any
specific provision of the Contract Documents, any Work
is found to be defective, or if the repair of any damages to
the land or areas made available for Contractor's use by
Owner or permitted by Laws and Regulations as
contemplated in Paragraph 6.11-A is found to be
defective, Contractor shall promptly, without cost to
Owner and in accordance with Owner's written
instimctions:
1, repair such defective land or Areas; or
2, correct such defective Work; or
3. if the defective Work has been rejected by
Owner, remove it from the Project and replace it with
Work that is not defective, and
A. satisfactorily correct or repair or remove and
replace any darnage to other Work, to the work of others
or other land or areas resulting therefrorn,
EJCDC C-700 Standard Central Conditions of the Construction Contract
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00700-33
B. If Contractor does not promptly comply with
the term of Owner's written instructions, or in an
emergency where delay would cause serious risk of loss
or damage, Owner may have the defective Work
corrected or repaired or may have the rejected Work re-
moved and replaced. All chinas, costs, losses, and
damages (including but not Iim�ited to all fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to such correction or repair
or such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by Contractor.
C. In special circumstances where a particular
item of equipment is placed in continuous service before
Substantial Completion of all the Work, the correction
period for that item may start to run from an earlier date if
so provided in the Specifications .
D. Where defective Work (and damage to other
Work resulting therefrom) has been corrected or removed
and replaced under this Paragraph 13.07, the correction
period hereunder with respect to such Work will be
extended for-an additional period of one year after such
correction or removal and replacement has been
satisfactorily completed.
E. Contractor's obligations under this Paragraph
13.07 are in addition to any other obligation or warranty,
The provisions of this Paragraph 1107 shall not be
construed as a substitute for or a waiver of the provisions
of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
A. If, instead of requiring correction or removal
and replacement of defective Work, Owner (and, prior to
Engineer's recornmendation of final payment, Engineer)
prefers to accept it, Owner may do so. Contractor shall
pay 411 claims, co losses, and damages (including but
not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) attributable to
Owner's evaluation of and determination to accept such
defective Work (such costs to be approved by Engineer as
to reasonableness) and the diminished value of the Work
to the extent not otherwise paid by Contractor pursuant to
this sentence. If any such acceptance occurs prior to
Engineer's recommendation of final payment, a Change
Order will be issued incorporating the necessary revisions
in the Contract Documents with respect to the Work, and
Owner shall be entitled to an appropriate decrease in the
Contract Price, reflecting the diminished value of Work
so accepted. If the parties are unable to agree as to the
amount thereof, Owner may make a Claim therefor as
provided in Paragraph 10.05. If the acceptance occurs
after such recommendation, an appropriate amount will be
paid by Contractor to Owner.
13.09 Owner May Correct Defective Work
A. If Contractor fails within a reasonable time
after written notice from Engineer to correct defective
Work or to remove and replace rejected Work as required
by Engineer in accordance with Paragraph 13,06.A, or if
Contractor fails to perform the Work in accordance with
the Contract Documents, or if Contractor fails to comply
with any other provision of the Contract Documents,
Owner may, after seven days written notice to Contractor,
correct or remedy any such deficiency.
B. In exercising the rights and remedies under
this Paragraph 13.09, Owner shall proceed expeditiously.
In connection with such corrective or remedial action,
Owner may exclude Contractor from all or part of the
Site, take possession of all or part of the Work and
suspend Contractor's services related thereto, take posses-
sion of Contractor's tools, appliances, construction
equipment and machinery at the Site, and incorporate in
the Work all materials and equipment stored at the Site or
for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Owner's
representatives, agents and employees, Owner's other
contractors, and Engineer and Engineer's consultants
access to the Site to enable Owner to exercise the rights
and remedies under this Paragraph,
C. All claims, costs, losses, and damages
(including but not limited to all foes and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) incurred or sustained by Owner in exercising the
rights and remedies under this Paragraph 13,09 will be
charged against Contractor, and a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and Owner
shall be entitled to an appropriate decrease in the Contract
Price. If the parties are unable to agree as to the amount of
the adjustment, Owner may make a Claim therefor as
provided in Paragraph 10-05. Such claims, costs, losses
and damages will include but not be Ifinited to all costs of
repair, or replacement of work of others destroyed or
damaged by correction, removal, or replacement of
Contractor's defective Work.
D. Contractor shall not be allowed an extension
of the Contract Times because of any delay in the
performance of the Work attributable to the exercise by
Owner of Owner's rights and remedies under this
Paragraph 13,09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
COMPLETION
14-01 Schedule of Values
A. The Schedule of Values established as provid-
ed in Paragraph 2.07,A will serve as the basis for progress
"CDC C-700 Standard General Conditions of the Construction Contract.
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00700-34
payments and will be incorporated into a form of Applica-
tion for Payment acceptable to Engineer. Progress
payments on account of Unit Price Work will be based on
the number of units completed.
14-02 Progress Payrnews
A. Applications for Payments
1. At least 20 days before the date established in
the Agreement for each progress payment (but not more
often than once a month), Contractor shall submit to
Engineer for review an Application for Payment filled out
and signed by Contractor covering the Work completed as
of the date of the Application and accompanied by such
supporting documentation as is required by the Contract
Documents, If payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at the Site or at another
location agreed to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice, or
other documentation warranting that Owner has received
the materials and equipment free and clear of all Liens
and evidence that the materials and equipment are
covered by appropriate property insurance or other
arrangements to protect Owner's interest therein, all of
which must be satisfactory to Owner.
2. Beginning with the second Application for
Payment each Application shall include an affidavit of
Contractor stating that all previous progress payments
received on account of the Work have been applied on
account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
3. The amount of retainage with respect to
progress payments will be as stipulated in the Agreement.
B. Review OfApplicafions
1. Engineer will, within 10 days after receipt of
each Application for Payment, either indicate in writing a
recommendation of payment and present the Application
to Owner or return the Application to Contractor
indicating in writing Engineer's reasons for refusing to
recommend payment. In the latter case, Contractor may
make the necessary corrections and resubmit the
Application.
2. Engineer's recommendation of any payment
requested in an Application for Payment will constitute a
representation by Engineer to Owner, based on Engineer's
observations on the Site of the executed Work as an
experienced and qualified design professional and on
Engineer's review of the Application for Payment and the
accompanying data and schedules, that to the best of
Engineer's knowledge, information and belief-
a. the Work has progressed to the point indicat-
ed;
b. the quality of the Work is generally in accor-
dance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the
results of any subsequent tests called for in the
Contract Documents, to a final deterinination of
quantities and classifications for Unit Price Work
under Paragraph 9,07, and to any other
qualifications stated in the recommendation); and
c. the conditions precedent to Contractor's being
entitled to such payment appear to have been
fulfilled in so far as it is Engineer's
responsibility to observe the Work.
3. By recommending any such payment Engineer
will not thereby be deemed to have represented that.
a. inspections made to check the quality or the
quantity of the Work as it has been performed
have been exhaustive, extended to every aspect
of the Work in progress, or involved detailed
inspections of the Work beyond the responsi-
bilities specifically assigned to Engineer in the
Contract Documents; or
b, that there may not be Other matters or issues
between the parties that might entitle Contractor
to be paid additionally by Owner or entitle
Owner to withhold payment to Contractor.
4. Neither Engineer's review of Contractor's
Work for the purposes of recommending payments nor
Engineer's recommendation of any payment, including
final payment, will impose responsibility on Engineer:
a. to supervise, direct, or control the Work, or
b. for the means, methods, techniques,
sequences, or procedures of construction, or the
safety precautions and programs; incident thereto,
or
c. for Contractor's failure to comply with Laws
and Regulations applicable to Contractor's
performance of the Work, or
d. to rnake any examination to ascertain how or
for what purposes Contractor has used the
. Moneys paid on account of the Contract Price, or
e. to determine that title to any of the Work
materials, or equipment has passed to Owner free
and clear of any Liens.
5. Engineer may refuse to recorlarriend the whole
or any part of any payment if, in Engineer's opinion, it
would be incorrect to make the representations to Owner
stated in Paragraph 14,02.13.2. Engineer may also refuse
to recommend any such payment or, because of subse-
quently discovered evidence or the results of subsequent
EJCDCC700 Standard General Conditions of the Construction Contract.
Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700-35
inspections or tests, revise or revoke any such payment
recommendation previously made, to such extent as may
be necessary in Engineer's opinion to protect Owner from
loss because:
a. the Work is defective, or completed Work has
been damaged, requiring correction or replace-
ment
b- The Contract Price has been reduced by
Change Orders,
c. Owner has been required to correct defective
Work or complete Work in accordance with
Paragraph 13.09; or
d. Engineer has actual knowledge of the
occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Payment Becomes Due
1. Ten days after presentation of the Application
for Payment to Owner with Engineer's recommendation,
the amount recommended will (subject to the provisions
of Paragraph 14.02.D) become due, and when due will be
paid by Owner to Contractor.
D. Reduction in Payment
I. Owner inay refuse to make payment of the full
amount recommended by Engineer because:
a, claims have been made against Owner on
account of Contractor's performance or 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 item entitling Owner to
set-off against the amountiecornmended; or
& Owner has actual knowledge of the occurrence
of any of the events enumerated in Paragraphs
14.02.B.5.a through 14.02.B.5.c or Paragraph
15.02
1 If Owner refuses to make payment of the MI
amount recommended by Engineer, Owner will give
Contractor immediate written notice (with a copy to
Engineer) stating the reasons for such action and promptly
pay Contractor any amount remaining after deduction of
the amount so withheld. Owner shall promptly pay
Contractor the amount so withheld, or any adjustment
thereto agreed to by Owner and Contractor, when
Contractor corrects to Owner's satisfaction the reasons for
such action.
1 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 14.02.0.1.
14.03 Contractor's Warranty of Title
A. Contractor warrants and guarantees that title
to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to Owner no later than the time of
payment free and clear of all Liens.
14.04 Substantial Completion
A. When Contractor considers the entire Work
ready for its intended use Contractor shall notify Owner
and Engineer in writing that the entire Work is
substantially complete (except for item specifically listed
by Contractor as incomplete) and request that Engineer
issue a certificate of Substantial Completion.
B. Promptly after Contractor's notification, ,
Owner, Contractor, and Engineer shall make an
inspection of the Work to determine the status of
completion. If Engineer does not consider the Work
substantially complete, Engineer will notify Contractor in
writing giving the reasons therefor,
C. If Engineer considers the Work substantially
complete, Engineer will deliver to Owner a tentative
certificate of Substantial Completion which shall fix the
date of Substantial Completion. There shall be attached to
the certificate a tentative list of items to be completed or
corrected before final payment. Owner shall have seven
days after receipt of the tentative certificate during which
to make written objection to Engineer as to any provisions
of the certificate or attached list. If, after considering such
objections, Engineer concludes that the Work is not
substantially complete, Engineer will within 14 days after
submission of the tentative certificate to Owner notify
Contractor in writing, stating the reasons therefor. If after
consideration of Owner's objections, Engineer considers
the Work substantially complete, Engineer will within
said 14 days execute and deliver to Owner and Contractor
a definitive certificate of Substantial Completion (with a
revised tentative list of items to be completed or correct-
ed) reflecting such changes from the tentative certificate
as Engineer believes; justified after consideration of any
objections from Owner.
D. At the time of delivery of the tentative
certificate of Substantial Completion, Engineer will
deliver to Owner and Contractor a written recommen-
dation as to division of responsibilities pending final
payment between Owner and Contractor with respect to
security, operation, safety, and protection of the Work,
maintenance, heat, utilities, insurance, and warranties and
guarantees. 'Unless Owner and Contractor agree otherwise
in writing and so inform Engineer in writing prior to
Engineer's issuing the definitive certificate of Substantial
EJCDC C-700 Standard Gerteml Conditions of the Construction Contract.
Copyright 02002 NAtionalSoiciely of Professional Engineers for EJCDC. All rights restrve&
00700-36
Completion, Engineer's aforesaid recommendation will
be binding on Owner and Contractor until final pay
E. Owner shall hav the right to exclude
Contractor from the Site after the dale of Substantial
Completion subject to allowing Contractor reasonable
access to complete or correct items o th t li
14.05 Partial Utilization
A. Prior to Substantial Conipletion of all th
Work, Owner may use or occupy any substantially
completed part of the Work which has specifically been
identified in the Contract Documents, or which Owner,
Engineer, and Contractor agree constitutes a separately
functioning and usable part of the Work that can be used
by Owner for its intended purpose without significant
interference with Contractor's performance o f th
remainder of the Work, subject to the following condi-
tions.
1. Owner at any time may request Contractor in
writing to permit Owner 10 use or occupy any such pan of
the Work which Owner believes to be ready for its
intended use and substantially complete. If and when
Contractor agrees that such part of the Work is
substantially complete, Contractor will certify to Owner
and Engineer that such parrof 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 complete and request Engineer to issue a certificate
of Substantial Completion for that part of the Work
3. Within a reasonable time after either such
r Owner, Contractor, and Engineer shall make an
inspection Of that Part of the Work to determine its status
of conipletion- If Engineer does not consider that part of
the Work to be substantially complete, Engineer will
notify Owner and Contractor in writing giving the reasons
therefor. If Engineer considers that part of the Work to be
substantially complete, the provisions of Paragraph 14.04
will apply with respect to certification of Substantial
Completion of that part of the Work and the division of
responsibility in respect thereof and access thereto
4. No use or occupancy or separate operation of
Part of the Work may occur prior to compliance with the
requirements of Paragraph 5.10 regarding property
insurance.
14-06 FinatInspection
that the Work is incomplete 'or defective. Contractor shall
immediately take such measures as are neces t
complete such Work or remedy such deficiencies.
14.07 Final Payment
A. Application for Payment
1, After Contractor has, in the opi o f
Engineer, satisfactorily completed all corr
identified during the final inspection and has delivered, in
accordance with the Contract Documents, all maintenance
and operating instructions, schedules, guarantees, bonds,
certificates or other evidence of insurance certificates o f
inspection, marked-up record documents (as Provided in
Paragraph 6,12), and other documents, Contractor may
make application for final payment following the
procedure for progress payments.
2. The final Application for Payment shall be
accompanied (except as previously delivered) by:
a. all documentation called for in the Contract
Documents, including but not limited to the
evidence Of insurance required by Para
5.04.1.7;•
b, consent Of the Surety, if any, to final payment;
c. a list of all Claims against owner that
Contractor believes are unsettled, and
d. complete and legally effective releases or
waivers (satisfactory to Owner) Of all Lien rights
arising out of or Liens filed in connection with
the Work.
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 releas i f
and an affidavit of Contractor that: (i) the releas and
receipts include all labor, services, material, and
equipment for which a Lien could be filed; and (ii) all
payrolls, material and equipment bills, and other
indebtedness connected with the Work for which Owner
or Owner's property might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full,
Contractor may furnish a bond or other collateral
satisfactory to Owner to indemnify Owner against any
Lien.
B. Engineer's Review of Application and
Acceptance
1. If, on the basis of Engineer's observation of
A. Upon written notice from Contractor that the the Work during construction and final inspection, and
entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for -
Engineer will Promptly Make a final inspection with and accompanying documentati as required by the
Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work
writing of all particulars in which this inspection reveals has been completed 'and Contractor's other obligations
EJCDC C-700 Standard Cenral Conditions o f th Construction ContraeL
Copyright 0 2DO2 National Soeiety of Prof Engineers for EJCDC Aft rights reserved.
00700 -37
under the Contract Documents have been fulfilled,
Engineer wall, within ten days after receipt of the final
Application for Payment, indicate in writing Engineer's
recommendation of payment and present the Application
for Payment to Owner for payment. At the same time
Engineer will also give written notice to Owner and
Contractor that the Work is acceptable subject to the
provisions of Paragraph 14.09. Otherwise, Engineer will
return the Application for Payment to Contractor, indicat-
ing in writing the reasons for refusing to recommend final
payment, in which case Contractor shall make the
necessary corrections and resubmit the Application for
Payment,
C. Payment Becomes Due
L Thirty days after the presentation to Owner of
the Application for Payment and accompanying docu-
mentation, the amount recommended by Engineer, less
any sum Owner is entitled to set off against Engineer's
recommendation, including but not limited to liquidated
damages, will become due and , will be paid by Owner to
Contractor,
14.08 Final Completion Delayed
A. If, through no fault of Contractor, final
completion of the Work is significantly delayed, and if
Engineer so confirms, Owner shall, upon receipt of
Contractor's final Application for Payment (for Work
fully completed and accepted) and recommendation of
Engineer, and without terminating the Contract, make
payment of the balance due for that portion of the Work
fully completed and accepted. If the remaining balance to
be held by Owner for Work not fully completed or
corrected is less than the Tetainage stipulated in the
Agreement, and if bonds have been furnished as required
in Paragraph 5.01, the written consent of the surety to the
payment of the balance due for that portion of the Work
fully completed and accepted shall be submitted by
Contractor to Engineer with the Application for such
payment. Such payment shall be made under the terms
and conditions governing final payment, except that it
shall not constitute a waiver of Claims.
14.09 Waiver of Claims
A. The making and acceptance of final payment
will constitute:
1. a waiver of all Claims by Owner against
Contractor, except Claims arising from unsettled Liens,
from defective Work appearing after firial inspection
pursuant to Paragraph 14.06, from failure to comply with
the Contract Documents or the terms of any special
guarantees specified therein, or from Contractor's
continuing obligations under the Contract Documents;
and
2, a waiver of all Claims by Contractor against
Owner other than those previously made in accordance
with the requirements herein and expressly acknowledged
by Owner in writing as still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
15,01 Owner May Suspend Work
A. At any time and without cause, Owner may
suspend the Work or any portion thereof for a period of
not more than 90 consecutive days by notice in writing to
Contractor and Engineer which will fix the date on which
Work will be resumed. Contractor shall resume the Work
on the date so fixed. Contractor shall be granted an adjust-
ment in the Contract Price or an extension of the Contract
Times, or both, directly attributable to any such
suspension if Contractor makes a Claim therefor as
provided in Paragraph 10.05.
15-02 Owner May Terminate for Cause
A. The occurrence of any one or more of the
following events will justify ter for cause:
1. Contractor's persistent failure to perform the
Work in accordance with the Contract Documents
(including, but not limited to, failure to supply suffici
skilled workers or suitable materials or equipment or
failure to adhere to the Progress Schedule established
under Paragraph 2.07 as adjusted from time to time
pursuant to Paragraph 6,04);
2. Contractor's disregard of Laws or Regulations
of any public body having jurisdiction;
3, Contractor's disregard of the authority of
Engineer; or
4. Contractor's violation in any substantial way
of any provisions of the Contract Documents.
B. If one or more of the events identified in
Paragraph 15,02,A occur, Owner may, after giving
Contractor (and surety ) seven days written notice of its
intent to terminate the services of Contractor:
1. exclude Contractor from the Site, and take
possession of the Work and of all Contractor's tools,
appliances, construction equipment, and machinery at the
Site, and use the some to the fall "tent they could be
used by Contractor (without liability to Contractor for
trespass or conversion),
2. incorporate in the Work all materials and
equipment stored at the Site or for which Owner has paid
Contractor but which are stored elsewhere, and
EJCDCC-700 Standard General Conditions of theConstruction Contract.
Copyright Q 2002 National Society of Professional Engineers for EJCJ) AR rights rescryed.
00700.39
3 . complete the Work as Owner may deem
expedient.
C. If Owner proceeds as provided in Paragraph
15.02.E, Contractor shall not be entitled to receive any
further Payment until the Work is completed. If the
unpaid balance of the Contract Price exceeds all claims,
costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution cost sustained by Owner arising out
of or relating to completing (be Work, such excess will be
paid to Contractor. If such claims, costs, losses, and
damages exceed such unpaid balance, Contractor shall
pay the difference to Owner. Such claims, costs, losses,
and damages incurred by Owner will be reviewed by
Engineer as to their reasonableness and when so
approved by Engineer, incorporated in a Change Order.
When exercising any rights or remedies under this
Paragraph Owner shall not be required to obtain the
lowest price for The Work performed.
D. Notwithstanding Paragraphs 15.02,13 and
15,02-0, Contractor's services will not be terminated if
Contractor begins within seven days of receipt of notice
of intent to terminate to correc it s f; I ure 0 perform erforin and
its
proceeds diligently to cu suc f3 p ure within no more
than 30 days of receipt o f said notice.
E. Where Contractor's se Ices have been so
terminated by Owner, the termination ill not affect any
lights Or remedies of Owner against \ ontractor then
existing or which may there arcrue.
o
ny retention r
t
Payment of moneys due Contractor by wrier will not
release Contractor from liability.
F. If and to the e x t en t th C
ntractor has
provided a performance bond under the provisions of
Paragraph 5.01.A, the termination procedures of that bond
shall supersede the provisions of Paragraphs 15.022, and
15.02.0.
15.'03 Owner May Terminate For Convenience
A. Upon seven days written notice t Co n t rac t or
and Engineer, Owner May, Without cause and without
prejudice to any other right or remedy of Owner,
terminate the Contract. In such case, Contractor shall be
paid for (without duplication of any items):
I. completed and acceptable Work executed in
accordance with the Contract Documents prior to the
effective date of termination, including fair and
reasonable sums for overhead and profit on such Work;
2. expenses sustained prior to the effective date
Of termination in performing services and furnishi
labor, materials, Or equipment as required by th C on t ract
Documents in connection with uncompleted Work, plus
fair and reasonable sums for overhead and profit on suc
expenses
3. all c laims , costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other prof
and all court or arbitration or other dispute reso
costs) incurred in settlement of terminated co w i t h
Subcontractors, Suppliers, and others; and
4, reasonable expenses directly attributable to
termination.
B. Contractor shall not be paid on account of loss
of anticipated profits or revenue or other economic lo
arising out of or resultin from such ter
15 Contractor UPY SIOP Work or Terminate
A. If through no act or f o f C ontractor,
(i)
the Work is suspended for more than 90 consecutive days
by Owner or under an order of court or other public
authority, or (ii) Engineer fails to act on any Application
for Payment within 30 days after it is submitted, or (iii)
Owner fails for 30 days to pay Contractor any sum finally
determined to be due, then Contractor may, upon seven
days written notice to Owner and Engineer, and provided
Owner or Engineer do not remedy such suspensio or
failure within that time, terminate the Contract and
recover from Owner payment on the same term as
provided in Paragraph 15.03..
B. In lieu of terminating the Contract and
without prejudice to any other Tight or remedy, if
Engineer has failed to act on an Application for p ayment
within 30 days after it is submitted, or Owner has failed
for 30 days to pay Contractor any sum f d eterm i ned
to be due, Contractor may, seven days after written notice
to Owner and Engineer, stop the WOTIC until payment is
made of all such amounts due Contractor, including
interest thereon. The provisions of this Paragraph 15.04
are not intended to preclude Contractor from rmking a
Claim under Paragraph 10.05 for an adjustment in
Contract Price or Contract Times or otherwise fo
expenses or damage directly attributable to Contractor's
stopping the Work as pem by this Paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
16,01 Methods and Procedures
A. Either Owner Or Contractor may request
mediation Of any Claim subrnitted to Engineer for a
decision under Paragraph 10.05 before such decision
becomes final and binding. The mediation w ill b
EJCDC C-700 Standard General Conditions of the Construction Contra
Copyright Q 2002 National Society of Professional E ng i neers f VCDC. Ag rights reserved.
00700-39
governed by the Construction Industry Mediation Rules
of the American Arbitration Association in effect as of the
Effective Date of the Agreement. The request for
mediation shall be submitted in writing to the American
Arbitration Association and the other party to the
Contract. Timely submission of the request shall stay the
effect of Paragraph 10,05.E.
B. Owner and Contractor shall participate in the
mediation process in good faith. The process shall be
concluded within 60 days of filing of the request. The
date of termination of the mediation shall be determined
by application of the mediation roles referenced above,
C. If the Claim is not resolved by mediation,
Enginetr's action under Paragraph 10.05,0 or a denial
pursuant to Paragraphs 10.05.0.3 or 10,05,D shall become
final and binding 30 days after termination of the
mediation unless, within that time period, Owner or
Contractor:
1. elects in writing to invoke any dispute
resolution process provided for in the Supplementary
Conditions, or
2, agrees with the other party to submit the
Claim to another dispute resolution process, or
3. gives written notice to the other party of their
intent to submit the Claim to a court of competent
jurisdiction.
ARTICLE 17 -MISCELLANEOUS
17-01 Giving Notice
A. Whenever any provision of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if.
I. delivered in person to the individual or to a
member of the firin or to an officer of the corporation for
whom it is intended, or
2. delivered at or sent by registered or Certified
mail, postage prepaid, to the last business address known
to the giver of the notice.
17-02 Computation of.Times
A. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude The first and include the last day of such perio& if
the Iasi day of any such period falls on a Saturday or
Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day will be omitted from the
computation.
I7.03 Cumulative Remedies
A. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto are in addition to, and are
not to be construed in any Way as a lirnitation of, any
rights and remedies available to any or all of them which
are otherwise imposed or available by Laws or Regula-
tions, by special warranty or guarantee, Or by other
provisions of the Contract Documents, The provisions of
this Paragraph will be as effective as if repeated
specifically in the Contract. ocuments in connection with
each particular duty, obligation, right, and remedy to
which they apply,
17.04 Survival of Obligations
A. All representations, indemnifications, warran-
ties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all
continuing obligations indicated in the Contract Docu,
ments, will survive final payment, compl and
acceptance of the Work or termination or compWicin of
the Contract or termination of the services of Cont
17.05 Controlling Law
A. This Contract is to be governed by the law of
The state in which the Project is located.
17.06 Headings
A. Article and paragraph headings are inserted
for convenience only and do not constitute parts
of these General Conditions,
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright 0 2002 National Society of Professional Engineers for EJ CDC. All rights reserved.
00700-40
SECTION 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
These Supplementary Conditions to the General Conditions amend or supplement the Standard
General Conditions of the Construction Contract (No. C-700, 2002 Edition) and other provisions
of the Contract Documents as indicated below. All provisions that are not so amended or
supplemented remain in full force and effect,
SC - 2.01 DELIVERY OF BONDS
Add the following to Paragraph: 2.01.A
Engineer shall furnish to Contractor six copies of the Agreement and other Contract
Documents bound therewith. Contractor shall execute the Agreement, attach executed
copies of the required Bonds and Power of Attorney and Certificate of Insurance and
submit all copies to Engineer who will forward them to the Owner. Owner shall execute
all copies and return two copies to the Contractor. Owner shall also furnish a counterpart
or conformed copy to the Engineer and shall retain three copies.
SC — 2.03 NOTICE TO PROCEED
Delete the first sentence of Paragraph 2.03,A of the General Conditions and insert the following
in its place:
Following the execution of the Agreement by the Owner and the Contractor, written
Notice to Proceed with the Work shall be given by the Owner to the Contractor. The
Contract Time will commence to run on the day indicated in the Notice to Proceed.
SC - 2.05 BEFORE STARTING CONSTRUCTION
Add a new Paragraph immediately after Paragraph 2.05.A.3 of the General Conditions which is
to read as follows
2.05.A,4 Contractor shall submit a preliminary list of construction equipment with hourly
rates, owned or rented by the Contractor and all Subcontractors that will be used in the
performance, of the Work. The equipment list will include information necessary to
confirm the hourly rates per Paragraph I 1.0l.A.5.c of the General Conditions and these
Supplementary Conditions including: make, model, and year of manufacture as well as
the horse power, capacity or weight, and accessories,
section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page I of 12
SC - 2.07 INITIAL ACCEPTANCE OF SCHEDULES
Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the
following in its place:
Prior to the first application for payment all schedules and documents identified in
paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner, No
progress payment shall be made to Contractor until acceptable schedules are submitted to
Engineer and Owner as provided below.. Acceptance of these schedules and documents
by either Engineer or Owner will neither impose on Engineer or Owner responsibility for
the sequencing, scheduling or progress of the Work and will not interfere with or relieve
Contractor from Contractor's fall responsibility therefore.
Add the following after Paragraph 2.07.A.3:
Contractor's Schedule of Equipment will be acceptable to Engineer as to form and
substance if it provides the - necessary information to reference the equipment and
establish the hourly rates in accordance with paragraph 11.01 ,A.5.c.
SC - 4.01 AVAILABILITY OF LANDS
Add to Paragraph 4.01 -C 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.
&C - 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:
i
Section 4081®
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 2 of 12
SC — 4.03 - DIFFERING SUBSURFACE OR PHYSICAL C
Add the following to the end of Paragraphs 4.03.A.
Contractor to notify Owner and Engineer in writing about differing subsurface or
physical conditions within 15 days of discovery and before disturbing the subsurface as
stated above.
No claim for an adjustment in the contract price or contract ti (or Milestones) will be
valid for differing subsurface or physical conditions if procedures of this paragraph 4.03
are not followed.
SC - 4.04 - UNDERGROUND FACILITIES
Add the following new paragraph immediately after Paragraph 4.04,A.2,
At least 2 but not more than 10 business days before beginning any excavation,
the Contractor shall according to MCA 69-4-501, notify all owners of
underground facilities and coordinate the Work with the ow ners o f suc
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 I ONDITION AT SITE
Change the first sentence of paragraph A to read as follows:
A. Reports and Drawings: Reference is made to the Special Provisions for the
identification....
SC- 5.02 LICENSED SURF-TIES AND INSURERS
Add the following to the end of Paragraph 5,02.A
Without limiting any of the other obligations or liabilities of the Contractor, Contractor
shall secure and maintain such insurance from an insurance company (or companies)
authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating'
of A-, V1, as will protect the Contractor, the vicarious acts of subcontractors, the Owner
and the Engineer and their agents and employees from claims for bodily injury, or
property damage which may arise from operations and completed operations under this
Agreement. Contractor shall not commence work under this Agreement until such
Section 04810
SUPPLEMENTARY COMMONS To THE GENERAL CONDITIoNs
Page 3 of 12
insurance has been obtained and certificates of insurance, with binders, or certified
copies of the insurance policy shall have been filed with the Owner and the Engineer.
All insurance coverages shall remain in effect throughout the life of the Agreement,
except that the Contractor shall maintain the Commercial General Liability Policy
including product and completed operations coverage for a period of at least one year
following the substantial completion date for property damage resulting from
occurrences during the agreement period.
SC —5.04 CONTRACTOR'S LIABILITY INSURANCE
Add the following new paragraphs immediately after Paragraph 5.04.B:
C. Th limits of liability for the insurance required by Paragraph 5.04 of the General
Conditions shall provide coverage for not less than the following amounts or greater
where required by Law or Regulations
Workers' Compensation, etc, under Paragraphs 5.04,1 and 5.04.2 of the General
Conditions,
a. State Statutory
b. Applicable Federal (e.g. Longshoremans) Statutory
C. Employer's Liability $ 500,000.00
2, Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of
the General Conditions which shall also include completed operations and product
liability coverage.
a. GENERAL AGGREGATE $ M00,000-00
b, Products-Completed
Operations Aggregate $ 3, 00 000.00
C. Personal and Advertising
d. Each Occurrence
(Bodily Injury and
Property Damage)
e. Coverage will include:
1. premises - Operations
2. operations of Independent Contractor
3. Contractual Liability
4. Personal Injury
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDMONS
Page 4 of 12
irk
5 Products and Completed Operations
6. Broad Form Property Darnage will include explosion,
collapse, blasting and underground where applicable.
7. Per Project Aggregate Endorsement
3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions:
a, Bodily Injury:
Each Person $ 500,000.00
Each Accident $ 1
Property Damage:
Each Accident $1,000,000.00
(or)
b. Combined Single Limit $ 1,000,000.00
Coverage to Include
1. All Owned
2. Hired
3. Non-Owned
4. Contractor's Liability Insurance under 5.04.A.3 through 5.04,A,6 may be satisfied
by primary insurance or a combination of primary and excess or umbrella
insurance. Primary occurrence limit cannot be less than $1,000,000.00.
Deductible not to exceed $5,000.00 per occurrence on property damage.
5. Add a new paragraph at the end of Paragraph 5,04.B, 1 of the General Conditions
as follows:
The Contractor's insurance coverage shall name the Owner, and Engineer and
Engineer's Consultants as an additional insured under Commercial General
Liability, Automobile Liability, Excess or Umbrella polices.
6. The Contractual Liability coverage required by Paragraph 5.04.16.4. of the
General Conditions shall provide coverage for not less than the following
amounts
Each Occurrence $ 11000,000.00
Aggregate $ 3,000,000.00
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 5 of 12
SC- 5.04.B.5 CANCELATION NOTICE
Amend paragraph 5.04.B.5 of the General Conditions by striking out the words "30
days" and replacing them with the words "45 days" and as so amended paragraph
5.043.5 remains in effect.
sc - 5,06 PROPERTY INSURANCE
Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its
place:
A. Contractor shall purchase, and maintain property insurance upon the work at the
site in the amount of the full replacement cost thereof (subject to such deductible
amounts as may be provided in these Supplementary Conditions or required by
Laws and Regulations). This insurance shall
I Include the interests of Owner, Contractor, Subcontractors, Sub-
Subcontractors, Engineer, Engineer's Consultants, and any other
persons or entities identified in the Supplementary Conditions, each
of whom is deemed to have an insurable interest and shall be listed
as an insured or additional insured;
be written on a Builder's Risk "all risk" or open peril or special
causes of loss policy form that shall at least include insurance for
physical loss and damage to the Work, temporary buildings, false
work and materials and equipment in transit and shall insure against
at least the following perils or causes of loss fire, lightning,
extended coverage, theft, vandalism and malicious mischief,
earthquake, collapse, debris removal, demolition occasioned by
enforcement of Laws and Regulations, water damage (other than
caused by floods), and other perils or causes of loss as may be
specifically required by the Supplementary Conditions.
3. include expenses incurred in the repair or replacement of any insured
property (including but not limited to the fees and charges of
engineers and architects);
4. cover materials and equipment in transit for incorporation in the
Work or stored at the site or at another location prior to being
incorporated in the Work, provided that such materials and
equipment have been included in an Application for Payment
recommended by Engineer; and
5. be endorsed to allow occupancy and partial utilization of the Work
by Owner;
Section 00810
suppumENTAP,Y CONDITIONS TO THE GENERAL CONDITIONS
Page 6 of 12
Flo",
& include testing and start-up; and
7. be maintained in effect until final payment is made unless otherwise
agreed to in writing by Owner, Contractor, and Engineer with thirty
days written notice to each other additional insured to whom a
certificate of insurance has been issued.
B. Contractor shall be responsible for any deductible or self-insured retention,
C. The policies of insurance required to be purchased and maintained by Contractor
in accordance with this paragraph SC5.06 shall comply with the requirements of
paragraph 5.06.0 of the General Conditions,
D. The policies of insurance required to be purchased and maintained by Contractor
in accordance with this paragraph 5.06A shall comply with the requirements of
GC - 5.06.C. The qualifications of the insurance company shall comply with the
requirements of SC- S.O.A.
SC-6.02 WORIUNG 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.
jj
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
I
SC- 6.13 SAFETY AND PROTECTION
Add new paragraphs to the end of paragraph 6,13,D of the General Conditions as follows:
E. It is expressly understood by the parties to this Agreement that the Contractor is
solely responsible for initiating, maintaining, and supervising safety precautions
and programs in connection with the Work. The right of the Owner and Engineer
to observe or otherwise review the Work and operations shall not relieve the
Contractor from any of his covenants and obligations hereunder. Contractor shall
incorporate all safety requirements into his construction progress and work
schedules including preconstruction and scheduled monthly safety meetings,
posted safety rules, tailgate meetings, and site inspections by safety and other
inspectors employed by the Contractor.
F. The Contractor shall be responsible for and shall take necessary precautions and
provide all material and equipment to protect, shore, brace, support and maintain
all underground pipes, conduits, drains, sewers, water mains, gas mains, cables,
etc., and other underground construction 'uncovered in the proximity, or otherwise
affected by the construction work performed by him. All pavement, surfacing,
driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires
damaged by the Contractor's operations in the performance of this work shall be
repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected
property owner at the Contractor's expense. The Contractor shall also be.
responsible for all damage to streets, roads, highways, shoulders, ditches,
embankments, culverts, bridges, or other public or private property or facility,
regardless of location or character, which may be caused by moving, hauling, or
otherwise transporting equipment, materials, or men to and from the work or any
part of site thereof-, whether by him or his subcontractors. The Contractor shall
make satisfactory and acceptable arrangements with owner of, or the agency or
authority having jurisdiction over, the damaged property or facility concerning its
repair or replacement or payment of costs incurred in connection with said
damage,
G The Contractor shall conduct his work so as to interfere as little as possible with
public travel, whether vehicular or pedestrian. Whenever it is necessary to cross,
obstruct, or close roads, driveways, and walks, whether public or private, the
Contractor shall obtain approval from the governing party and shall, at his own
expense, provide and maintain suitable and safe bridges, detours, and other
temporary expedients for the 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
SC- 6.20 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).
U
SC- 11.01 COST OFTHE WORK
A
Delete paragraph 11.01 A5.c of the General Conditions in its entirety and insert the following in
P
its place:
1 1.0l.A.5.c The cost for the use of all construction equipment and machinery and parts
thereof whether owned by the Contractor or rented from others. The cost shall be
calculated as follows and will include the costs of transportation, loading, unloading,
assembly, dismantling and removal thereof for equipment involved only in the changed
portion of the work covered under the cost of the ' Work method, Transportation, loading
and assembly costs will not be included for equipment already on the site which is being
used for other portions of the Work. The cost of any such equipment, machinery, or parts
shall cease when the use thereof is no longer necessary for the Work. Hourly equipment
and machinery rates shall be calculated from the Rental Rate Blue Book for Construction
Equipment, and the Equipment List submitted according to 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.
2. For equipment on standby, the hourly rate shall be 50% of the monthly
rental rate divided by 176 hours per month, and the hourly operating cost
shall not be applied.
3. For specialized equipment rented for a short duration used for change
order work or additional work not part of the scope of work bid, the
equipment rental rates will be negotiated prior to the work being
performed.
R Section 00810
SUPPLEMENTARY 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 itern 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% or
more of the Contract Price which is the total sum of all schedules (if any), and
SAC- 14.02.A APPLICATIONS FOR PAYMENTS
Add the following language at the end of paragraph 14.02.A.1 of the General Conditions
Payments for materials in storage shall be based only upon the actual cost of the materials
and equipment to Contractor and shall not include any overhead or profit. Bill of Sale,
invoice or other document warranting clear title for materials in storage will be waived
for the material in storage included in the first progress payment application. However,
proof of payment and clear title must be submitted with Application No. 2 for all material
included in Application No. 1. Without such documentation amounts paid for materials in
storage will be deducted from subsequent payments. Beginning with the second
application, all requests for payment for materials in storage shall be accompanied by Bill
of Sale, invoice or other document warranting clear title as required above.
Add the following to Paragraph 14.02.A.3:
In accordance with state law the Owner may accept deposited securities in lieu of cash
retainage. Re
.tainage may be used by the Owner to offset costs for any of the losses
enumerated in Paragraphs 14.02.B.5.a through 14.02,B.5.d inclusive, 14.02.D. La. through
14.02.D.1.d inclusive, or 15.02,0. In addition retainage may be used by the Owner to
protect against loss from failure by the Contractor to complete necessary work and to
offset any liquidated damages due Owxier.
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 specified herein or reasonably required by Owner or Engineer. The
Owner reserves the right to require submission of monthly certified payrolls by the
Contractor.
section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page 10 of 12
SC — 14.02.0 PAYMENT BECOMES DUE
Delete Paragraph 14.02.C.1 of the General Conditions in its entirety and insert the following i
its place:
1. The Owner will, upon presentation to him of the Contractor's Application for
Payment with Engineer's recommendation, review and act upon said payment
request once each month on or about the day of each month stipulated by the
Owner at the preconstruction conference. Payment will become due when Owner
approves the application for payment and will be paid by Owner to Contractor
with in 30 days of the day of the month stipulated above at the preconstruction
conference.
SC- 14.02.D.I.c
Amend the sentence of Paragraph 14.02.1).1.c to read:
..,entitling Owner to a set-off against the amount recommended, including liquidated
damages; or..
SC-14.03 CONTRACTORS WARRANTY OF TITLE
Add the following at the end of Paragraph 14,03.A of the General Conditions:
Neither recommendation of any progress payment by Engineer nor payment by the
Owner to Contractor, nor any use or occupancy of the Work or any part thereof will
release the Contractor from complying with the Contract Documents. Specifically the
Contractor shall maintain in accordance with Article 5, property insurance on all Work,
materials, and equipment whether incorporated in the project or not and whether included
in an application for payment or not, for the full insurable value thereof. Passing title to
Owner for materials and equipment included in an application for payment does not
relieve the Contractor of the Contractor's obligation to provide insurance (including
property insurance) as required in Article 5 of the General Conditions and these
Supplementary Conditions. All insurance shall remain in effect as provided in Article 5.
SC- 14.05 PARTIAL UTILIZATION
Add the following to Paragraph 14.05.A:
Owner has the right to take possession of or use any completed or substantially
completed portions of the work at any time, but such taking possession or use will not be
deemed an acceptance of any work not completed in accordance with the Contract
Documents. Owner's use of any facilities so identified in the Contract Documents will
not be grounds for extension of the contract time or change in the contract price. Owner's
Section 00810
SUPPLEMENTARY COMMONS TO THE GENERAL COMMONS
Page I I of 12
use of any facilities not specifically identified in the Contract Documents will be in
accordance with conditions agreed to prior to such use, and any extra costs or delays in
completion incurred and properly claimed by Contractor will be equitably adjusted with a
Change Order. Facilities substantially completed in accordance with the Contract
Documents which are occupied or used by Owner prior to substantial completion of the
entire work will be done in accordance with General Conditions 14.04. Guarantee
periods for accepted or substantially completed work including mechanical and electrical
equipment will commence upon the start of continuous use by Owner. All tests and
instruction of Owner's personnel must be satisfactorily completed, and Owner shall
assume responsibility for and operation of all facilities occupied or used except as may
arise through portions of work not yet completed by Contractor If the work has been
substantially completed and the Engineer certifies that full completion thereof is
materially delayed through no fault of the Contractor, the Owner shall, without
terminating the Agreement, make payment of the balance due for the portion of the work
fully completed and accepted.
SC- 14.06 FINAL INSPECTION
Add the following to Paragraph 14.06.A.
After Contractor has remedied all deficiencies to the satisfaction of the Engineer and
delivered all construction records, maintenance and operating instructions, schedules,
guarantees, bonds, certificates of inspection, and other documents (all as required by the
Contract Documents),, Owner and Contractor shall be promptly notified in writing by
Engineer that the work is acceptable.
SC- 17.01GIVING NOTICE
Add the following to Paragraph 17.01.A:
The mailing address for giving notices to Contractor given in the Agreement is hereby
designated as the place to which all notices, letters, and other communication to
Contractor will be mailed or delivered, The mailing address for giving notices to Owner
given in the Agreement is hereby designated as the place to which all - notices, letters, and
other communication to Owner shall be mailed or delivered. Either party may change his
address at any time by an instrument in writing delivered to Engineer and to other party.
END OF SECTION
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
Page, 12 of 12
Jill 111jj
TECHNICAL SPECIFICATIONS
Division 1: General Reguirernents
SECTION 01000 -
SECTION 01011 -
SECTION 01012 -
SECTION 01050 -
SEGTION 01300 -
SECTION 01400 -
SECTION 01570 -
SECTION 01700 -
Special Procedures
Measurement and Payment
Special Provisions
Field Engineering
Submittals
Contractor Quality Control and Owner Quality Assurance
Construction Traffic Control
Contract Closeout
Division 2: Site Work
SECTION 02221 - Trench Excavation and Backfll for Pipelines and Appurtenant Structures
SECTION 02230 Street Excavation, Backfill and Compaction
SECTION 02528 - Concrete Curb and Gutter
SECTION 02910 - Seeding
THIS PAGE INTENTIONALLY LEFT BLANK
Belgrade Yukon Tank Water Main Extension Technical Specii5cations
B06- 416 -003 Pag 2
2126/2014
CONSTRUCTION SPECIFICATIONS
DIVISION 1 - GENERAL REQUIREMENTS
SECTION 01000
SPECIAL PROCEDURES
1111111113014, 7,9
1.1 Description of Work.
Work to be performed under this contract includes construction of asphalt, concrete sidewalk,
curb and gutter and street improvements; and all other work related to construction of complete
and operable roadway systems. All work shall be done in strict accordance with the requirements
of the contract documents.
2. MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS AND STANDARD DRAWINGS
MPWSS AND TD &H SPECIFICATIONS.
These contract documents include, by reference or inclusion, sections and standard drawings of
the Montana Public Works Standard Specifications (MPWSS) Fifth Edition, dated March 2003,
City of Bozeman Modifications to MPWSS and Thomas, Dean & Hoskins specifications. MPWSS
sections and standard drawings are changed or supplemented as described within these contract
drawings and specifications. Copies of the MPWSS will not be furnished to bidders and/or
Contractors by the Owner or Engineer.
2.1 Referenced MPWSS.
Section 02221 Trench Excavation and Backfill for Pipelines and
Appurtenant Structures
Section 02230 Street Excavation, Backfill and Compaction
Section 02528 Concrete Curb and Gutter
Section 02910 Seeding
• I�. r • •.I A • • • A r • ..
3.1 Coordination with the City of Bozeman. The Contractor shall take into consideration the
operating requirements of the City of Bozeman sewage and water systems and traffic control and
carefully coordinate all work activities with the needs and requirements of the City of Bozeman.
The Contractor shall schedule the work at least two weeks in advance and complete the work in
such a manner as to avoid interruption of service to the City of Bozeman.
010001-1
412157.1vire M
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
a full-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 on the project.
5. WARRANTY.
If within one year 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.
6. PRECONSTRUCTION CONFERENCE.
After the contract has been awarded, but before the start of construction, a preconstruction
conference will be held for the purpose of discussing requirements on such matters as project
supervision, on-site inspection, 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, a representative from each of the
affected utility companies connected with the project and the City of Bozeman on hand to meet
with a representative of the Owner to discuss the project and any problems anticipated.
7. SCHEDULING,
Within two weeks after award of Contract and prior to the preconstruction conference, the
Contractor shall furnish, to the Owner and Engineer a proposed progress schedule showing the
order in which the Contractor proposes to prosecute the work and the rate of progress, which will
be maintained. This schedule will reflect the coordination and scheduling requirements placed on
the Contractor by the Owner, Montana Department of Transportation, and affected utilities in the
area and reflect the requirements described for sequence of operations.
The Owner and Engineer will review the proposed schedule with all utilities and other parties
affected by construction and request schedule adjustments where necessary. The Contractor
shall make any necessary adjustments and submit a final construction schedule to the Owner and
Engineer.
8. TRAFFIC CONTROL.
8.1 General. The Contractor shall at all times conduct his operations so that there is a minimum
interruption in the use of any City street or County road affected by the work. Exact procedures in
this respect shall be established in advance of construction with the Engineer.
Barricade function, design and construction shall conform to the latest edition of the Manual on
Uniform Traffic Control Devices and the Standard Specifications for Road and Bridge
Construction of the State Highway Commission of Montana, latest edition.
The Contractor shall be required to prepare a detailed TRAFFIC CONTROL PLAN to address the
methods and means of controlling and detouring traffic. The plan shall include specific details on
traffic detours and estimated duration of the closures. Details of signing, barricades, flagging and
other traffic control devices shall be included, and the TRAFFIC CONTROL PLAN shall be
approved by the Engineer, the Montana Department of Transportation or his designated
representative prior to construction.
8.2 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 residents in the area of programmed work of street closures, parking
requirements and restriction, and any other conditions, a minimum of twenty-four (24) hours prior
to binning work within the affected area. All signing, barricades and other traffic control
measures shall be provided by the Contractor.
8.3 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 illuminated from sundown to sunrise.
9. PERMITS, LICENSES AND FEES.
The Contractor shall procure and pay for all fees, permits, licenses and bonds necessary for the
prosecution of the work and/or required by Municipal, State and Federal regulations, laws, and
ordinances including those that pertain to permits for transportation of materials and equipment,
blasting, or other operations which are not a specific requirement of these specifications, The
Engineer will submit the application to the Montana Department of Environmental Quality for the
Erosion Control Plan. All costs related to fees, permits, licenses and bonds shall be merged and
included in the Contractors bid price for the related work.
10. INSPECTION BY PUBLIC OFFICIALS.
Authorized representatives of the Owner, Gallatin County, Montana Department of Transportation,
and the Montana Department of Environmental Quality shall have access to the work wherever it
is in preparation or progress. The Contractor shall provide proper facilities, equipment, and safety
measures required for safe access and inspection by authorized representatives of these
agencies.
11. PROTECTION OF ADJACENT IMPROVEMENTS.
The Contractor shall retain and protect all adjacent improvements not called for removal on the
drawings or specifications. The Contractor shall restore all damaged items to preexisting
conditions at no cost to the Owner.
12, MATERIAL STORAGE SITES.
The Contractor shall select and procure material storage sites. Permission to store materials on
private property shall be secured in writing, with a copy provided to the Project Engineer,
The Contractor shall contain all of his construction operations within the road right-of-way and
easements unless written approval is secured from the Owner of the adjoining property. Such
written permission shall be submitted to the Engineer in triplicate. The Contractor shall place lath
or other suitable markers at the edge of easements to show workmen the limits they must stay
within.
14. LOCATE EXISTING WATER MAINS AND SEWER LINES.
The vertical and horizontal location of existing water mains, sewer lines, and services are
approximate. The actual vertical and horizontal locations may be substantially different than
shown on the drawings.
15. SURVEYS.
15.1 Survey Markers and Monuments. The Contractor shall carefully protect from disturbance all
monuments, property pins, block corners and other survey monuments or markers. If the markers
are specifically called out for removal and replacement on the drawings, the Contractor shall notify
the Owner in writing at least 101 days in advance of the marker or monument being removed. The
Owner shall arrange and pay for the proper referencing of the monument prior to removal and for
its proper installation after trenching and backfill are completed by the Contractor. The Contractor
shall use extreme care to protect all reference points during construction. Any survey marker or
monument that is disturbed or destroyed by the Contractor without specific written approval of the
Owner, shall be replaced at the Contractor's expense by a licensed land surveyor.
15.2 Construction Surveys. The Owner shall provide construction staking as needed for the
project. The Contractor is responsible for preserving and protecting the installed stakes at all
times during the construction period. Any stakes obliterated, removed, or otherwise lost during
construction shall be replaced by the Contractor at the Contractor's expense. The Contractor
shall notify the Owner or Owner's Representative at least 4 calendar days in advance of the
date any staking is required.
15.3 Survey Errors. Any claim by the Contractor for extra compensation by reason of alterations
or reconstruction work allegedly due to error in the Engineer's line and grade, will not be allowed
unless the original control points set by the Engineer still exist, or unless other satisfactory
substantiating evidence to prove the error is furnished to the Engineer,
16. SAFETY.
In accordance with generally accepted construction practices and the requirements of the
Occupational Safety and Health Administration Standards, the Contractor shall be solely and
completely responsible for conditions of the job site, including safety of all persons and property
affected directly or indirectly by his operations during the performance of the work. This
requirement will apply continuously 24 hours per day until acceptance of the work by the Owner
and shall not be limited to normal working hours.
The duty of the Engineer or Owner to conduct construction review of the Contractor's
performance is not intended to include review of the adequacy of the Contractor's safety
measures in, on or near the construction site.
16.1 Warninq Signs and Barricades. The Contractor shall provide adequate signs, barricades,
red lights and watchmen and take all necessary precautions for the protection of the work and the
safety of the public. All barricades and obstructions shall be protected at night by suitable signal
lights which shall be kept burning from sunset to sunrise. Barricades shall be of substantial
construction and shall be painted such as to increase their visibility at night. Suitable warning
signs shall be so placed and illuminated at night as to show in advance where construction,
barricades, or detours exist.
17. SANITARY PROVISIONS.
The Contractor shall provide and maintain such sanitary accommodations for the use of his
employees and those of his subcontractors as may be necessary to comply with the requirements
and regulations of the local Department of Health and the Montana Department of Environmental
Quality.
18. 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
erosion control, fill in wetlands, and floodplains, The Contractor shall dispose of all refuse and
discarded material 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
HOUR=
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 Environmental Quality
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 erosion control and groundwater dewatering operations.
Contractor's responsibility shall include all cleanup, restoration, etc., of any detention or discharge
areas.
Shop drawings shall be submitted for Engineer approval prior to ordering any materials. Shop
drawings shall be submitted for all materials to be installed.
20. 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 be responsible
for contacting the related utility agency and determining the location prior to beginning
construction in a given area. The Contractor shall notify the utility agency in writing of his
construction schedule, request their assistance in making accurate locations and shall furnish a
copy of the notice to the Owner. The attached "Excavation Notification" form is provided to assist
the Contractor in complying with the above requirements. Copies of all written information
provided by the utility shall be promptly delivered to the Owner and Engineer by the Contractor,
The Montana One Call system may be utilized for utilities that participate in that system. The
Contractor is responsible for determining the participating utilities, Montana One Call's telephone
number is 1-800-424-5555.
Utilities of record are shown on the construction plans insofar as it is possible to do so. Failure of
the Owner to show the existence of subsurface objects or installations on the plans shall not
relieve the Contractor from his responsibility to make independent check on the ground, nor
relieve him from all liability for damages resulting from his operations. The Contractor is solely
responsible for any damage done.
The Contractor shall protect from damage private and public utilities, including telephone and
telegraph lines, power lines, sewer and water lines, railroad tracks, controls, appurtenances, Gable
television, natural gas, traffic signals and similar facilities.
END OF SECTION
CONSTRUCTION SPECIFICATIONS
DIVISION 1 — GENERAL REQUIREMENTS
SECTION 01011
MEASUREMENT AND PAYMENT
1. GENERAL.
The following items shall constitute all pay items for the work to be done under these
specifications. Payment for these items shall be full compensation for the completed item of
work and the cost of any incidental work or materials required to complete the item, even though
not specifically mentioned herein, shall be merged with and become a part of the applicable pay
items.
The Bid Form is part of the contract documents. If a Bid item specifies a type of material, then
that type of material is to be used without substitution. Payment will not be made for other
material types unless pre-approved by the Engineer.
The Bid Items shown in the Bid Form constitute all pay items for all work shown on the plans
and all work described in the specifications. Additional pay items may only be added if additional
work items are added to the project by a work change directive (change order).
See the General Conditions for information regarding adjustment to quantities. Also see Article
14 of the General Conditions for further details regarding payments to the Contractor.
W0191119190111:3 1011119:41THO
SCHEDULE
1 Mobilization (May Not Exceed 5% of Total Bid):
General: This bid item shall include mobilization, bonding, insurance, permitting, and cleanup
for the project.
W m rim
* All labor, tools, equipment, materials, and incidentals necessary to complete the work as
specified;
* Transport and set up all equipment, materials and other items needed to complete the
project;
* All permits, coordination and compliance inspections required for work;
® Bonding and Insurance;
* Provide all submittals, the construction schedule, and other paperwork required prior to
construction start up;
* All labor, tools, equipment, and incidentals necessary to maintain a clean project site as
specified in the project documents;
* All labor, tools, equipment, materials and other items needed to remove all equipment,
tools, and materials from the site upon completion of the project including clean up.
Measurement: Measurement shall be one lump sum item.
r
4XIMM
Payment: Payment shall be by the lump sum item listed on the Proposal. Payment of this bid
item will be 50% at the time of mobilization, 25% once the project is 50% complete, and 25%
payment once the Owner has provided final written acceptance of the work performed on the
project. This bid item may not exceed five percent (5%) of the total base bid.
2 Site Earthwork:
General: This bid item shall include the excavation, placing, compacting and disposal of excess
material encountered within the construction limits necessary to construct the project to the lines
and grades as noted in the specifications and drawings.
Work Included:
• All labor, tools, equipment, materials, and incidentals necessary to complete the work as
specified,
• Clearing and grubbing between the construction limits, including haul and disposal of
cleared and grubbed material and stump removal;
• All subsoil excavation and disposal, if necessary, of material to construct the area north
of Depot Park to drain into the new drywell;
• Haul or other transportation required to place the excavated material in embankment to
construct the project;
• Site earthwork includes removal and hauling of existing pavement, curb, sidewalk, trees
and any other items that will not be re-used or delivered to the Owner;
• Debris disposal, topsoil salvaging and stockpiling, and all other work necessary to
prepare the material source site for excavation;
• Haul and place 1.5" minus gravel, if necessary;
• Furnishing and placing water for compaction and dust control;
• Final grading and cleanup.
Measurement: Measurement for Site Earthwork will be made for excavation measured based
on the lines and grades as shown in the project drawings. Over excavation not authorized by
the Engineer, or excavation outside the lines, grades, elevations and dimensions as shown in
the drawings will not be considered for measurement. Any material removed and replaced or
wasted for the Contractors convenience will not be considered for measurement.
Paymen Payment for the completed and accepted quantities will be at the contract price bid
per lump sum (LS).
3 Topsoil, Seed and Fertilizing:
General: This bid item shall include all equipment, labor and associated work for the seeding of
disturbed areas within the limits of the project including areas where sidewalk has been
removed as shown on the project drawings.
Work Included:
• All labor, tools, equipment, materials, and incidentals necessary to complete the work as
specified;
• Prepare subgrade;
• Place and grade topsoil;
01011-2
0 Furnish and install the seed;
0 Furnish and install fertilizer and mulch;
0 Furnishing and placing water;
0 Final grading and cleanup.
Measurement: Measurement for Topsoil, Seed and Fertilizing will include all necessary work to
install topsoil, seed and fertilizer according these specifications and City of Bozeman Parks
Department specifications. Any material removed and replaced or wasted for the Contractors
convenience will not be considered for measurement.
Payment: Payment for the completed and accepted quantities will be at the contract price bid
per lump sum (LS).
4 Traffic Control:
General: This bid item shall include all work related to traffic control
Work Included:
* All labor, tools, equipment, materials, and incidentals necessary to complete the work as
specified;
* Coordination and submittal of traffic control plan to City of Bozeman.
Measurement: Measurement for Traffic Control will include all necessary work to maintain a
safe working area and efficient traffic pattern with the least amount of disruption.
Paymen Payment for Traffic Control will be at the contract price bid per lump sum (LS).
5 Irritation . qation System, In Place:
General: This bid item shall include the excavation, furnishing and placing of an Irrigation
System in Depot Park,
Work Included:
* All labor, tools, equipment, materials, and incidentals necessary to Complete the work as
specified;
* Submittal of irrigation plan including proposed zones and materials list prior to
installation and a final, as-built plan to City of Bozeman after installation;
All subsoil excavation and disposal, if necessary, of material to construct the irrigation
system:;
Final grading and cleanup,
Measurement: Measurement for Irrigation System, In Place will be made for work measured
based on the installed system with submitted as-builts.
Payment: Payment for the completed and accepted Irrigation System, In Place will be at the
contract price bid per lump sum (LS).
HUGM,
General: This bid item shall include the installation of a well in Depot Park. This item also
includes responsibility to coordinate with the power company to supply power to the meter
pedestal at the well location,
Work Included:
All labor, tools, equipment, materials, and incidentals necessary to complete the work as
specified;
Drill and develop well;
Coordination with power company and electrician necessary to bring power underground
to meter pedestal and connect to well controls and irrigation system;
• Excavation, backfill and compacting for conduit in Ida Street for power;
• Installation of freezeless hydrant at a minimum of 6.5-foot bury depth;
• All subsoil excavation and disposal, if necessary, of material to install the well including
installation of 1.5" type k copper piping between well and freezeless hydrant;
• Install a meter pedestal next to well to house a panel containing well controls, irrigation
controls and power;
• Final cleanup.
Measurement: Measurement for Well, In Place will be made for work measured based on the
installed well completion.
Payment: Payment for the completed and accepted well, In Place will be at the contract price
bid per lump sum (LS).
7 Straight Concrete Curb:
General: This bid item consists of the construction of concrete curb at the width specified (see
detail on construction drawings.)
Work Included:
• All labor, materials and equipment for forming, placing and curing of concrete;
• Pre-molded mastic for expansion joints, contraction joints, cleanup and any incidental items
necessary to complete the work;
Measurement: Measurement shall be by the lineal foot of concrete curb placed as measured
along back of curb.
Payment: Payment shall be at the contract unit price per lineal foot of concrete curb completed
and accepted.
8 Dpfflell, In Place:
General: This bid item consists of the installation of a drywell according to the detail on
construction drawings. Location and details for installation are on the construction drawings.
01011-4
Work Included:
• All labor, materials and equipment for installing drywell;
• Excavation, backfill and compacting for drywell;
Measurement: Measurement shall be per drywell installed and accepted,
Payme Payment shall be at the contract bid price per each Drywell installed and approved.
91 Natural Fines Trail:
General: This bid item includes installing a natural fines trail in Depot Park (approximately 200
lineal feet).
Work Included:
0 All labor, tools, equipment, materials and incidentals necessary to complete the work as
specified;
a Install path according to specifications in the Special Provisions;
a Install path to match grade of park.
Measurement: Measurement shall be per each natural fines trail installed,
Paymen . Payment for the completed and accepted Natural Fines Trail will be at the contract
price bid per lump sum (LS).
10 Climbing Boulder, In Place:
General: This bid, item consists of the installation of a climbing boulder in Depot Park, Location for
installation is on the construction drawings.
Work Included:
• All labor, materials and equipment for installing climbing boulder;
• Approval from Bozeman Parks Department for chosen climbing boulder;
• Furnish and install climbing boulder.
Measurement: Measurement shall be per each climbing boulder installed and accepted.
Payment: Payment shall be at the contract bid price per each Climbing Boulder installed and
approved,
General: This bid item consists of the installation of a safe fall system surrounding the climbing
boulder (see detail on construction drawings.) The safe fall system shall be a FibarSystem 310 or
approved equal.
Work Included:
a Approval from both the City Parks Department and Owner before installation;
0 All labor, materials and equipment for excavating and placing the safe fall system.
Measurement: Measurement shall be by the square yard of safe fall system installed.
Paymen Payment shall be at the contract unit price per square yard of safe fall system
completed and accepted.
12 Picnic Table, In Place:
General: This bid item consists of the installation of picnic tables in Depot Park. Location for
placement is on the construction drawings.
Work Included:
All labor, materials and equipment for installing the picnic table;
Approval from Bozeman Parks Department and Owner for chosen picnic tables;
Furnish and install a appropriate diameter Sonotube to install tables according to
manufacturer's recommendations;
Furnish picnic tables according to Parks Department requirements,
Measurement: Measurement shall be per picnic table installed and accepted.
Payment: Payment shall be at the contract bid price per each Picnic Table installed and
approved.
13 Bench, In Plac
General: This bid item consists of the installation of benches in Depot Park. Location for
placement is on the construction, drawings.
Work Included:
0 All labor, materials and equipment for installing the benches according to park
specifications;
a Furnish and install a appropriate diameter Sonotube to install benches according to
manufacturer's recommendations;
0 Furnish benches according to Parks Department requirements.
Measurement: Measurement shall be per bench installed and accepted.
Payment: Payment shall be at the contract bid, price per each Bench installed and approved.
01011 -6
14 Trees, In Place:
General: This bid item consists of the placement of trees in Depot Park, Location for placement is
on the construction drawings,.
Work Included:
* All labor, materials and equipment for planting the specified trees;
* Fumish and plant various trees according to Parks planting schedule shown on
construction drawings,
Measurement: Measurement shall be per each tree planted and accepted.
Paymen Payment shall be at the contract bid price per each Tree planted and approved.
0,1011-7
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� M
CONSTRUCTION SPECIFICATIONS
DIVISION 1 —GENERAL REQUIREMENTS
SECTION 01012
SPECIAL PROVISIONS
1. Well
Installation of an irrigation well in Depot Park includes installing a meter pedestal next to the
well, supply power to the pedestal for well and irrigation system controls, freezeless yard
hydrant flush with the ground and piping from the well to the hydrant box.
The well shall have a capacity not less than 15 gallons per minute (gpm) and not greater than
35 gpm. The drilling contractor shall be licensed in the state of Montana to drill domestic and
irrigation wells. The driller shall file a well log after completion of the well along with a water
right application.
The well is to be drilled as a 6-inch well with 5 feet of 6-inch telescoping screen (fine, mesh
stainless steel) installed along the bottom of the well casing. The well shall include a pitless
adapter, pump and all incidentals to create a working irrigation well system.
The well item also includes coordination with NorthWestern Energy and supplying power to the
well, including a meter pedestal.
The meter pedestal shall be approved by the City of Bozeman Parks Department. Located on
the pedestal shall be a power meter, well controls and irrigation controls. The equipment on the
pedestal shall be contained in a weatherproof, steel locking cabinet. The key shall be given to
the City of Bozeman Parks Department.
The freezeless yard hydrant shall be Woodford Lawn Hydrant Model Y95 or approved equal
installed at location shown on construction drawings. The bury depth between the well and
freezeless hydrant shall be 6.5 feet. The piping from the well shall be 1.5-inch type K copper
pipe. See City of Bozeman Modifications to Montana Public Works Standard Specifications.
2. Irrigation System
Installation and design of the irrigation system is the responsibility of the Contractor. The
irrigation system will be designed to apply water over the 5120 square feet of Depot Park, The
system shall be compatible with Maxicom systems. All water lines shall be schedule 40 PVC.
Black Poly pipe is unacceptable. Distribution pipe shall be installed at a minimum depth of 12
inches, main lines at eighteen inch minimum depth. If this depth is unachievable, the Parks
Division must be consulted. No stacking of irrigation lines shall be permitted. Four inches of
sand shall be placed beneath pipe, and four inches of sand above the pipe, to prevent
compaction and settling. Sprinkler heads will be installed on manufactured swing joints
(schedule 80 w/ o-rings). Heads to be installed must be approved by the Parks Division and
shall be gear driven, with interchangeable nozzle sizes, unless noted otherwise, and shall be
capable of producing the required flow rate and coverage area and shall be set to
manufacturers' specifications. Electrical locate tape shall be installed along all lines. Upon
completion of installation, all warranty and maintenance information, as well as well logs and
pump warranties and information, if applicable, and an "as- built" map shall be supplied to the
City of Bozeman Parks Division.
01012-1
3. Natural Fines Trail
The natural fines path in Depot Park shall be 6 feet in width and is approximately 200 lineal feet
in length. A soil sterilant, approved by the City of Bozeman Parks Division, shall be applied to
trail bed prior to construction. The trail bed must be excavated 6 inches deep prior to installation
of tread mix. Tread mix shall be installed in two parts, The first 3-inch lift shall be of 3/4-inch
road mix, compacted, and then the top 3 inches shall be 318-inch inch minus gravel (natural
fines)- If the material falls outside of these parameters, the City Of Bozeman Parks Divisions
must be consulted for approval or modification. If the natural fines tread mix does not contain
enough clay or silt binder, additional binder must be mixed in. Alternative soil stabilizer products
are acceptable, but must be approved by the City of Bozeman Parks Division. Trail: bed must be
filled up to original surface along both edges with a cross slope of no less than 2% and no more
than 5% to provide for water drainage. See City of Bozeman Standard Drawing No. 02529-18,
Tread mix must be rolled flat and compacted after installation, maintaining a 2% to 5% cross
slope, (if moisture content is not adequate for compaction, water should be added prior to rolling
and compacting). Where terrain allows, slope of trail should not exceed 12A with a cross slope
no greater than 20:1 (5%) to provide for ADA accessibility. All damage to surrounding features
and/or vegetation shall be reclaimed immediately.
4. Climbing Boulder and Safe Fall System
The climbing boulder in Depot Park is to be approved by both the City Parks Department and
the Owner for this project. Previous climbing boulders in Bozeman parks have been fabricated
by Stronghold and are located at Bozeman Pond Oust west of the Gallatin Valley Mail) and on
the Langhor 'Trail. Previously, these climbing boulders have been fabricated cement. The
approximate diameter of the proposed climbing boulder in Depot Park is 15 feet. The boulder at
Depot Park shall be the same style as previously constructed in the Bozeman parks or an
approved equal. The following is a general specification list:
Design
Architect drawn design of proposed boulder and 3D rendering,
Site Excavation
- Concrete footer and slab foundation for boulder.
Steel Frame
%"x3" strap steel footprint bolted to slab.
1 /2" rebar panels for skeleton structure.
Bracing and blocking.
Metal lath for concrete application (skin).
Concrete Coating and Finish
Textured concrete with climbing holds incorporated.
- Natural stone incorporated as holds.
- Desired stain for color and durable seal,
Landing Zone
- Engineered wood chips at 1' depth to meet playground standards,
MIGNM
The safe fall system surrounding the climbing boulder is proposed in order to maintain a safe
area for children to play by placing the cushion material around the boulder and installing the
proper drainage system. The safe fall system shall be FibarSystern 310 or approved equal.
There will approximately 85 square yards of safe fall system required around the climbing
boulder.
For specific questions concerning equipment in Depot Park contact Tom White with the City
Parks Department at (406) 582-3200 and Whit (570-8785) or Ross (223-5258) with Stronghold,
5. Park Benches and Picnic Tables
The benches and tables in Depot Park shall be ordered from Pilot Rock. The picnic tables in
Depot Park shall be 6-foot tables. The model number for the Pilot Rock single pedestal table is
"PT1G6-TP." The model number for the Pilot Rock contour bench is "SWRB/G6-TP." Both the
tables and benches shall be installed per manufacturer's recommendations and shall be
approved by the City of Bozeman prior to installation.
6. Trees
There are seven (7) trees to be planted in Depot Park, See the plant schedule on the
construction drawings,
1111111111111M,
14516
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minim
CONSTRUCTION SPECIFICATIONS
DIVISION 1 _ GENERAL REQUIREMENTS
SECTION 01050
FIELD ENGINEERING
(Reference MPWSS Section 01050)
All applicable portions of MPW Standard Specification Section 01050 shall apply with the
following additions, deletions, and /or modifications.
DELETE: 1.1 Engineering Surveys.
ADD: 1.1 Surveys
1.1.1 Survey Markers and Monuments. The Contractor shall carefully protect from disturbance
all monuments, property pins, block corners and other survey monuments or markers. If the
markers must be removed for construction, the Contractor shall arrange and pay for the proper
referencing of the monument prior to removal and for its proper installation after trenching and
backfill are completed. The Contractor shall use extreme care to protect all reference points
during construction. Any survey marker or monument that is disturbed or destroyed by the
Contractor shall be replaced at the Contractor's expense by a licensed land surveyor.
1.1.2 Construction Surveys. The Contractor is responsible for preserving and protecting the
installed stakes at all times during the construction period. Any stakes obliterated, removed, or
otherwise lost during construction shall be replaced by the Contractor at the Contractor's
expense. The Contractor shall notify the Owner and Engineer at least 48 hours in advance of
the date any staking is required.
The Contractor is solely responsible for setting all construction or grade stakes necessary for
trimming subgrade or controlling the grade and elevations required for placement of base,
asphaltic concrete, surface gravel or other road materials.
1.1.3 Survey Errors. Any claim by the Contractor for extra compensation by reason, of
alterations or reconstruction work allegedly due to error in the Engineer's line and grade, will not
be allowed unless the original control points set by the Engineer still exist, or unless other
satisfactory substantiating evidence to prove the error is furnished by the Engineer.
END OF SECTION
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M
CONSTRUCTION SPECIFICATIONS
DIVISION 1 — GENERAL REQUIREMENTS
SECTION 01300
SUBMITTALS
(Reference MPWSS Section 01300)
All applicable portions of MPW Standard Specification Section 013010 shall apply with the
following additions, deletions, and/or modifications.
1.2 Shop drawings, Product Data, and Samples.
D. Delete as written and add the following:
Submit shop drawings and/or product data on all materials to be utilized in the
work. Within 15 days after Notice to Proceed submit a control document that lists
all items to be utilized and their anticipated submittal date. The document shall
provide spaces for the actual submittal date, returned date, approval or
disapproval action by the Engineer, and spaces for dates of resubmittal and
approval.
Submit the number of copies needed by the Contractor plus the following number
of copies for the Engineer:
0 All items — 4 copies
END OF SECTION
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� 11
CONSTRUCTION SPECIFICATIONS
DIVISION 1 — GENERAL REQUIREMENTS
SECTION 01400
CONTRACTOR QUALITY CONTROL AND
OWNER QUALITY ASSURANCE
(Reference MPWSS Section 01400)
All applicable portions of MPW Standard Specification Section 01 400 shall apply with the
following additions, deletions, and/or modifications.
31� • �k
PART 1: GENERAL
DELETE: Paragraph 11
PART 3: EXECUTION
DELETE: Paragraph 3,1,C as written.
WIM
1. Soil density quality assurance tests will be performed by the Owner at no cost to
the Contractor.
2. Concrete quality assurance tests for slump and air content will be performed by
the Owner at no cost to the Contractor.
3. Concrete compression test cylinders shall be taken by the Owner and shipped to
and tested by an independent testing agency at no cost to the Contractor.
A4 Bedding material and gravel aggregates, gradations and Proctor density test are
to be provided by the Contractor. Quality control tests are to be provided by the
the Owner at no cost to the Contractor.
amm�i,'
NEPTIM
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o � �
CONSTRUCTION SPECIFICATIONS
DIVISION 1 —GENERAL REQUIREMENTS
SECTION 01570
CONSTRUCTION TRAFFIC CONTROL
(Reference MPWSS Section 01570 and
City of Bozeman Modifications)
Modifications:
PART 3 - EXECUTION,
Paragraph MY ADD:
Traffic control devices to be utilized during hours of darkness shall be lighted in addition to the
requirements of Section 01570.
END OF SECTION
11116-ftlis
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mma#w
CONSTRUCTION SPECIFICATIONS
DIVISION 1 — GENERAL REQUIREMENTS
SECTION 01700
CONTRACT CLOSEOUT
(Reference MPWSS Section 01700)
All applicable portions of M,PW Standard Specification Section 01700 shall apply with the following
additions, deletions, and/or modifications.
I
1.2 RECORD DOCUMENTS
A. Revise as follows:
No Contract will be finalized until all of the following have been submitted as
required:
1. Final shop drawings.
2. Record drawings.
3. Manufacturer's certification of proper installation.
4. Warranties
B. No Contract will be finalized until all guarantees, bonds, certifications, licenses, and
affidavits required for work or equipment as specified are satisfactorily filed with the
Owner.
ADD: 1.5 RELEASE OF LIENS OR CLAIMS
No Contract will be finalized until satisfactory evidence of release of liens has been
submitted to Owner as required by the General Conditions.
ADD: 1.6 After all items in this Section 01700 have been completed to the satisfaction of the
Owner, the Contract will be considered finalized and Retainage will be released.
PART 2: PRODUCTS
2.1 ACCESSORIES
A. Furnish to Owner, upon acceptance of equipment, all accessories required to
place each item of equipment in full operation. These accessory items include, but
are not limited to, adequate oil and grease as required for first lubrication of
equipment (after field testing), hydrant wrenches, valve keys, hand wheels, special
tools, and other items are required for initial operation,
H 1
PART 3: EXECUTION
3,1 FINAL CLEANING
A. At completion of work and immediately prior to final inspection, clean entire project
according to the following provisions:
1 Clean, sweep, wash, and polish work and equipment provided under the
Contract, including finishes. Leave the structures and site in a complete
and finished condition to the satisfaction of the Engineer and Owner.
2. Remove debris including dirt, sand, and gravel from sewers and tunnels.
Wash down and flush materials that can be transported hydraulically to the
Owner's sewage treatment plant. Remove materials that cannot flow or be
pumped to the plant.
3. Should Contractor not remove rubbish or debris or not clean the facilities
and site as specified above, the Owner reserves the right to have final
cleaning done at the sole expense of the Contractor.
B. The Contractor shall:
1. Employ experienced workers or professional cleaners for final cleaning.
2. Broom clean paved surfaces; rake clean other surfaces,
3, Remove from the Owner's property temporary structures and materials,
equipment, and appurtenances not required as part of, or appurtenant to,
the completed work.
4. Leave water courses, gutters, and ditches open and in condition
satisfactory to Engineer,
C. Owner will assume responsibility for cleaning as of the date of substantial
completion.
3.2 FINAL INSPECTION
A. After final cleaning and upon written notice from Contractor that work is completed,
Engineer will make preliminary inspection with the Owner and Contractor present,
Upon completion of preliminary inspection, Engineer will notify Contractor in writing
of particulars in which the completed work is defective or incomplete.
B. Upon receiving written notice from Engineer, Contractor shall immediately
undertake work required to remedy defects and complete the work to the
satisfaction of Engineer and Owner,
C. After the items as listed in Engineers written notice are corrected or completed,
inform Engineer in writing that required work has been completed. Upon receipt of
this notice, Engineer, in the presence of Owner and Contractor, will make final
inspection of the project.
D� Should the Engineer find all work satisfactory at the time of final inspection,
Contractor will be allowed to make application for final payment in accordance with
provisions of the General Conditions. Should Engineer still find deficiencies in the
work, Engineer will' Contractor in writing of deficiencies and will not approve
Contractor's request for final payment until such time as Contractor has
satisfactorily completed the required work,
END OF SECTION
MWIT11M
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CONSTRUCTION SPECIFICATIONS
DIVISION 2 — SITE WORK
SECTION 02221
TRENCH EXCAVATION AND BACKFILL FOR
PIPELINES AND APPURTENANT STRUCTURES
(Reference MPWSS Section 02221)
All applicable portions of MPW Standard Specification Section 02221 shall apply with the
following additions, deletions and/or modifications.
7 1: GENERAL
13 STANDARD DRAWINGS
Refer to the following Standard Drawings in the Construction Standards.
DELETE: MPWSS Standard Drawing No. 02221 -1, Typical Utility Trench Detail
MPWSS Standard Drawing No, 02221-2, Pipe Bedding Alternate
ADD: City of Bozeman Standard Drawing No. 02221 -1, Typical Utility Trench Details
1.4 TESTING
Delete this section in its entirety and add the following:
A. Field Density Testing
DELETE: References to AASHTO T -191 (ASTM, 01556) Sand Cone Method
ADD: In-place field density tests for quality control are at the Contractor's expense.
B. Laboratory Maximum Density and Optimum Moisture
Revise as Follows:
Quality control and assurance tests will be made by the Contractor for
each on-site natural soil or each source of off -site material, including
borrow material, to determine the gradation (Sieve Analysis), the
laboratory maximum density values and optimum compaction moisture
contents according to applicable AASHTO or ASTM, standards, (Standard
Proctor and Sieve Analysis). Results will be submitted to the Engineer.
C. Material Submittals
Delete this section and revise as follows:
1. Submit Standard Proctor Curves for determination of optimum moisture
content and maximum dry density for all bedding and backfill materials.
Submit certified curve by an independent testing laboratory for each type
02221-1
of material encountered or materials proposed for use as import within 36
hours after encountering each soil type.
Z Submit gradation and plasticity index for Type I and Type 2 bedding
material, imported backfill and structural fill.
Revise A.1 to read:
1. Type 1 bedding material shall be placed from 4" below to 6" above the top
of the pipe.
ADD:
B. Select Iype.1 Bedding
Delete this Section as Written
us]
1 Select Type 1 bedding shall conform to the same gradation requirements
as Type 1 Bedding.
2.2 TRENCH BACKFILL MATERIALS
A. Materials from Trench Excavation.
ADD: Stones or clods larger than 6-inches in their greatest dimension shall be
excluded from the backfill and removed from the project site.
B. Imported Backfill Material
FXAIIRO�=
2. Acceptable imported material will be non-plastic, free of any clay, rock or
gravel larger than 3" in any dimension. All imported material proposed for
installation will be reviewed by the Engineer for acceptance.
U 01
C. Structural Fill. Imported structural fill should be nonexpansive, free of organics
and debris and selected per the following gradation requirements:
Screen or Sieve Percent Passing by Weight
Size
3-inch 100
1 Y2-inch 80-100
%-inch 60-100
No. 4 25-60
No. 200 12 maximum
JOWW14
PART 3: EXECUTION
3.1 PROTECTION OF EXISTING PROPERTIES
A. General
Add the following to paragraph 1:
1 Replace any tree, bush, hedge, planter or similar vegetation or
landscaping damaged during the course of the work with a planting equal
to that damaged in kind, size, and location unless otherwise specifically
authorized by the Owner. The contract warranty period for performance
applies also to the instances described herein.
Add the following to paragraph 2:
2. Contact all utilities including those not represented by One Call,
Modify this section as follows:
4. Do not cut and replace existing services from the mains to private
property which interfere with trenching operations unless the work has
been specifically approved in writing by the City of Bozeman. If approved,
the cost for this work will be the responsibility of the CONTRACTOR. Do
not interrupt water service for more than four hours. Install a temporary
service connection approved by the City of Bozeman if service is
interrupted for a longer period. Protect temporary services from freezing
or interruptions of use during the construction period. Show adjusted or
replaced service lines on the As-Built drawings.
WEW y. y y ,
6. There shall be no stock piling of gravel or any other material on the paved
right-of-way. If mud or other debris is tracked onto the paved right-of-way
due to construction activities, it will be the responsibility of the
contractor/owner to clean the pavement within 8 hours notice,
3.3 TRENCH EXCAVATION
ADD: 2. Maximum trench width is 4-feet plus the pipe outside diameter,
D. Blasting
DELETE: Blasting is not allowed.
02221-3
3.,4 DEWATERING
B. Groundwater table shall be lowered to an elevation below trench subgrade or
stabilization subgrade as shown on trench detail. Dewatering for stabilization
subgrade will not be paid separately, but shall be merged with the appropriate bid
item. Contractor shall submit a dewatering plan with calculations to insure
dewatering method will meet these specifications.
3.6 TRENCH FILLING AND BACKFILLING
1. Type I Pipe Bedding
Revise B.I.a to read
a, Place Type 1 Bedding material 4-inches (10 cm) under the pipe,
around the pipe, and to a depth of 6-inches (15 cm) over the pipe.
101 J M
C, All Type I pipe bedding will be imported bedding from off-site. All
pipe bedding shall be compacted to not less than ninety-five
percent (95%) of the maximum density as determined by ASTM D
698,
ADD: Compact Type 2 Bedding to a minimum of 95 percent of the maximum dry
density as determined by ASTIVI D 698.C.
C. Trench Backfill
Insert the following:
2.b & 2.c Type B and C Trench Backfill, Type B and C Trench Backfills will not be
permitted on this project. All backfill will be type A.
4. Watering
Add the following requirements:
C. Water from the City of Bozeman's municipal water system may
only be obtained from a metered service. The Contractor shall
reimburse the City of Bozeman for the water used at a rate
determined by the City of Bozeman Finance Department.
6. Trench backfill types are designated as follows:
0199
a. Type A Trench Backfill. Backfill materials containing 30 percent or
more retained on the %-inch (19mm) sieve shall be tested per
ASTM D4253 and ASTM D4254 (relative density) rather than
ASTM D698 or ASTM D1557 (or AASHTO T-99 or AASHTO T-
180) to obtain the appropriate value for maximum dry density.
The minimum percentage of compaction of the maximum relative
density to be achieved in the field may be adjusted by the
Engineer if material gradation and compaction test results indicate
ADD: an adjustment is appropriate in the opinion of the Engineer.
e. Special Trench Backfill. Special trench backfill shall be as
detailed on the drawings and utilized for backfill of water and
sewer mains and services installed beneath City of Bozeman
asphalt paved streets and at other locations designated on the
drawings. All trenches shall be in strict accordance with OSHA
Safety requirements. Type 1 bedding material and common
trench backfill shall be compacted as required for Type A Backfill,
Flowable fill may be placed without compaction,
The trench width and side slopes shall meet OSHA requirements,
If the top width of the trench exceeds the asphalt pavement width
of 6 feet, the Contractor shall replace the additional asphalt
pavement at no additional cost to the Owner.
F. Detectable Buried Warning TaDe and Tracer Wire
Delete First Sentence: "The use of warning tape is optional ......
UM1
2. All non-metallic pipe and services shall be installed with continuous tracer
tape installed twelve (12) to eighteen (18) inches under the final ground
surface. No breaks or splices will be allowed. The marker shall be plastic,
non-biodegradable, metal core or backing that can be detected by a
standard metal detector. A #10 AWG insulated tracer wire shall be
installed directly on all non-metallic pipe and services.
3. Warning tape and tracer wire shall be colored as follows:
a. Orange — Telephone
b. Yellow — Gas
C. Blue - Water System
d. Green - Sanitary and Storm Sewers and inlet runs,
e. Red — Electrical
4. Tape shall have utility name imprinted on it.
G. Structural Fill,
1. Structural fill shall be placed and compacted equal to Type A backfill.
3.8 CLEANUP
WMEZ3��
B. Final cleanup shall include street sweeping and washdown of paved areas,
3.9 TIME AND DISTANCE OF OPEN TRENCHES
Delete paragraph B and replace with the following:
B. No trench excavation shall begin until approved compaction equipment is at the
site where the excavation is to take place.
Delete paragraph E. and replace with the following:
E. For each work group consisting of a trench excavator, a pipe laying crew, and a
backfilling and compaction crew, the maximum allowable open ditch at any time
will be 300 feet regardless of location.
PART 4: MEASUREMENT AND PAYMENT
DELETE: Entire Section
ADD: See Section 01011 — Measurement and Payment.
END OF SECTION
CONSTRUCTION SPECIFICATIONS
DIVISION 2 — SITE WORK
SECTION 02230
STREET EXCAVATION, BACKFILL AND COMPACTION
(Reference M,PWSS Section 02230)
All applicable portions of MPW Standard Specification Section 02.230 shall apply with the
following additions, deletions and/or modifications,
PART 1. GENERAL
1,3 DENSITY CONTROL TESTING
A, Field Density Testing
Add: In-place field density tests for quality control are at the Contractor's expense,
B. Laboratory Maximum Density and Optimum Moisture
Delete this section and add the following:
Quality control tests will be made by the Contractors independent testing
laboratory for each on-site natural soil or each source of off -site material,
including borrow material, to determine the laboratory maximum density
values and optimum compaction moisture content under AASHTO T-180
or ASTM D1557 (Modified Proctor). This test information and samples
will be submitted to the Engineer. The Engineer may elect to conduct
quality assurance tests to verify Contractor's independent laboratory
results.
C. 2. Delete as written
Add: Submit independent testing laboratory moisture-density relationship results
to the Engineer along with soil samples utilized for each test,
23
A. 1. Delete as written
Add: Where spongy or unsuitable areas are encountered below planned
subgrade, the unsuitable material shall be removed and replaced with
suitable material and compacted to its original dry density. After
compacting, the subexcavation shall be cut to grade per the City of
Bozeman typical street section.
1 AIM
1. Delete as written
Add: Suitable material from within the project limits including native pitrun
gravels less than 6 inches in diameter and asphalt millings less than 3
inches in diameter.
PART 4: MEASUREMENT AND PAYMENT
DELETE: Entire Section
ADD: See Section 01011 — Measurement and Payment
END OF SECTION
x r�
- 11 1"
DIVISION 2- SITE WORK
SECTION 02528
CONCRETE, CURB AND GUTTE]
Delete this section in its entirety and add the following:
A. This work is constructing straight back curb using structural concrete and meeting
lines, dimensions and grades shown on the plans and these specifications There is
no gutter to be installed in this project.
B. Reference the Concrete Curb Detail on sheet 2 of plans,
�ilihll 51
DELETE: Entire Section
ADD: See Section 01011 — Measurement and Payment,
AM
is
THIS PAGE INTENTIONALLY LEFT BLANK
CONSTRUCTION SPECIFICATIONS
DIVISION 2 — SITE WORK
SECTION 02910
SEEDING
(Reference MPWSS Section 02910)
All applicable portions of M PW standard specification Section 02910 shall apply with the
following additions, deletions and/or modifications,
PART PRODUCTS
2.1 SEED
EME=
E. Seed mixtures shall be proportioned as follows:
1. Grass Seed Mix (Cashman's Blend).
Seed Species or Variety
Seed MIX %o
Application
Rate
Park Bluegrass
27%
4 Ibs. Per 1000
Square Feet
Common Bluegrass
26%
Creeping Red Fescue
8%
Newport Bluegrass
27%
Perennial Rye
12%
Note: All seed shall be 98% pure and shall have a germination percentage of 90%. Do not sow
immediately following rain, when ground is to dry, or during windy periods. Apply water with fine
spray after seeding. Saturate to 3 inches of soil,
Seeding ratios and mixes will be approved by the City of Bozeman Parks Division. Seeding will
be applied with a slit-type or drill-type seeder to insure good soil to seed contact. Before
seeding, the soil shall be loosened to a minimum depth of six inches in order to improve initial
root development. The soil will not be compacted in any manner. Sufficient compaction is
readily achieved through the grading process and normal rainfall. Fertilizer should be applied
prior to planting to insure healthy plant development. Generally, a seed mix combination of
Bluegrasses and Rye are used in formally maintained Parks. Some low maintenance Kentucky
blulegrasses that perform well are: Kenblue, Park, Plush, Vantage, Victa, Vanessa, Barblue,
Parade and S-21. Perennial ryegrass will be used opposed to annual ryegrass. Athletic fields
will be planted with new-improved Kentucky bluegrass types and new cultivars of perennial rye.
Examples of some of the new, aggressive types of KBG's are as follows: Award, Total Eclipse,
Midnight, Nustar, Ram 1, Limousine and Touchdown. Lower maintenance parkland, and/ or
passive areas, may require different seed mixes, such as drought tolerant cuitivars, which will
be approved by the Parks Division.
2.2 TOPSOIL
Add the following:
B. All soils to be used on public park land shall be inspected by and meet the approval of
City of Bozeman Parks Division Staff prior to installation and shall meet the minimum depth
requirement of 10 inches, All rock in excess of 1 -inch in diameter shall be removed. Soil tests
(a sieve analysis and soil analysis) shall be performed prior to planting to determine the
classification and texture of the soils, along with any nutrient deficiencies. The classification and
texture will determine what amendments, if any, are needed, while the soil analysis will help
correct any nutrient problems with a pre-plant fertilization.
The soil will be deemed acceptable if: it is less than 35% clay and less than 70% sand, and 70%
silt. Ph must not exceed 8.4. The soil will be screened at 1- inch minus for rocks and debris;
topsoil depth will be at least 10 inches. The sub base, after grading, will be scarified to a depth
of 12 inches to insure drainage throughout the profile.
Amendments may vary depending on existing soils, but will generally consist of 60% coarse
sand (generally concrete sand), 20% organics (C: N ratio below 30) and 20% approved native
soil. Soils will be mixed, prior to installation, with a screener / mixer machine, or applied in layers
on site and mixed thoroughly with a deep rotot'iller. Depth of amended soil will be a minimum of
10 inches. There will be no compaction following the grading process. The grading of topsoil in
Depot Park should match the top back of straight curb around the park,
2.4 FERTILIZER
Add the following-,
C. Fertilize uniformly across all surfaces at the following rate:
Lawn Grass
Nitrogen 50 lbs/acre
Phosphate 50 lbs/acre
2.5 MULCH
Add the following:
A. Mulch with a loose 1 -inch layer of straw,
I UFM
DELETE: Entire Section
ADD: See Section 01011 — Measurement and Payment.
END OF SECTION
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CONCRETE BASE SHALL BE MONOLITHICALLY CAST WITH 80 M)M S
2 PLACE WASHED ROCK TO A DEPTH OF V BELOW rNLET EASE, EIA-
ENTIRE STRUCTURE WITH 'WASHED ROCK TD A. DEPTH OF 4 - ABOV
PFRFOR.ATEO RIPE
BACKFILL ABOVE THE TOP GEDTExTILE FABRIC .SHALL BE PIT RUN
Vo7H A MAXIMUM PARTICAL 'SIZE ICE 6" EACKFILL SHALL BE (;OM
IN 8" LIFTS TO 95% OF MAXIM'.LIIA CRY DEN - ITY AASHTO T -180 F
BY A 3" LAYER OF 1" MINUS CRUSHED TOP SURFACE LEVELING t
AND A 3" THICKNESS OF H07 PLANT MIX ASPHALT.
4 6" FEPI ORATED PIPE WAY HE PLACED AT 90 DEGREE AN:;LES IF
DEGREES : "i NOT POSSIBLE. STUB PIPE OU?S -DE INLET., MAKE A9`
BEND VVITH HITTING, EXTEND PIPE TO MAKE 10` LENGTH
DRYWELL DETAIL B
NO SCALE
CONCRETE STRAIGHT CURB DETAIL (A
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