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2009 QUAINTANCE LANE BRIDGE REPLACEMENT 1 1 PROJECT MANUAL 1 1 1 Bridge Replacement 1 Prepm•ed for.• 1 Jefferson County 1 1 1 December 2009 1 Prepared by: Jonathan Weaver, El �pNTA RE * j J ES 7� 1 t QA/QC: Jeremiah J. Theys, PE 154 X2)1/0 1 GreatWest engineering 1 ' TABLE OF CONTENTS MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS The Montana Public Works Standard Specifications, Fifth Edition,March 2003 and 2006 Addendum are incorporated herein by reference and shall be subject to the modifications and additions provided in the following Specifications. STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION ' The Montana Department of Transportation Standard Specifications for Road and Bridge Construction, 2006 Edition, are incorporated herein by reference and shall be subject to the modifications and additions provided in the following Specifications. The AASHTO Standard Specifications for Highway Bridges, Seventeenth Edition, 2002,are incorporated ' herein by reference and shall be subject to the modifications and additions provided in the following Specifications. DIVISION 0—BIDDING AND CONTRACTING REQUIREMENTS Section Title WHITE SECTION ' 00100 Invitation to Bid 00200 Instructions to Bidders ' YELLOW SECTION 00300 Bid Form Bid Bond Form (EJCDC No. C430 (2002)) ' WHITE SECTION 00500 Agreement Form C-510 Notice of Award ' C-550 Notice to Proceed C-610 Performance Bond C-615 Payment Bond ' C-620 Application for Payment C-940 Work Change Directive C-941 Change Order C-942 Field Order BLUE SECTION ' 00710 Standard General Conditions Funding Agency Edition(EJCDC No. C-710 (2002)) 00810 Supplementary Conditions to the General Conditions Funding Agency Edition Exhibit 8-A TSEP Supplemental General Conditions ' GOLD SECTION 00910 Special Provisions WHTTE SECTION 00950 Standard Modifications to MPWSS 1 1 ' PINK SECTION 2009 Montana Prevailing Wage Rates—Highway Construction DIVISION 1 —GENERAL REQUIREMENTS Division Title 01041 Project Coordination ' 01250 Contract Modification Procedures 01275 Measurement and Payment 01290 Payment Procedures 01300 Submittals 01320 Construction Progress Documentation 01400 Contractor Quality Control and Owner Assurance 01500 Construction and Temporary Facilities 01600 Product Requirements 01700 Contract Closeout 01730 Execution Requirements DIVISION 2—SITE CONSTRUCTION ' Section Title 02232 Site Clearing ' 02300 Earthwork 02645 Three-Sided Precast Concrete Box Culvert ' APPENDIX tAPPENDIX A—GEOTECHNICAL EVALUATION 1 1 1 1 1 INVITATION TO BID 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00100 ' INVITATION TO BID ' Separate sealed bids for construction of the Quaintance Lane(QLI)Bridge Replacement will be received by the office of the Jefferson County Commission at 118 West Centennial,P.O. Box H,Boulder,MT 59632 until 2:00 PM local time on December 22, 2009 and then publicly opened and read aloud. ' The project consists of the construction of a new 3-sided concrete box culvert located approximately 13.5 miles southeast of Boulder, Montana. The new culvert will replace the existing bridge over the Boulder River overflow ditch on Quaintance Lane. The proposed,28-foot span x 10-foot rise x 40-foot length 3- ' sided reinforced concrete box culvert will be placed on precast concrete spread footings. Improvements consist of,but are not limited to: excavation,existing bridge removal,grading,precast concrete footings, 3- sided box culvert,precast wingwalls,and other miscellaneous items. ' This project is being funded with grant monies from the Treasure State Endowment Program(TSEP) and Jefferson County bridge funds. ' The contract documents,consisting of half size Drawings and Project Manual,maybe examined or obtained at the office of Great West Engineering, located at 2501 Belt View Drive, PO Box 4817,Helena,MT 59604, ' phone 406449-8627 in accordance with Article 2.1 of Instructions to Bidders. Required deposit is$50.00 per set, which is not refundable. Individual full size plan sets are available upon request for an additional non- refundable deposit of$5.00 per full size plan sheet. In addition, the Drawings and Project Manual may also be examined at the following locations: Bozeman Plan Exchange Butte Builders Exchange ' Missoula Plans Exchange Montana Contractors Association (Helena) There will be a Pre-Bid Conference at the Quaintance Lane project site on December 14,2009 at 10:00 A.M. ' Interested Contractors are encouraged to attend. Contractor and any of the Contractor's Subcontractors bidding or doing work on this project will be required to ' be registered with the Montana Department of Labor and Industry(DLI). Forms for registration are available from the Department of Labor and Industry, PO Box 8011, 1805 Prospect, Helena MT 59604-8011. Information on registration can be obtained by calling(406)444-7734. All laborers and mechanics employed ' by Contractor or Subcontractors in performance of the construction work shall be paid wages at rates as required by Montana Prevailing Wage Rates. The Contractor must ensure that employees and applicants for employment are not discriminated against because of their race,color,religion, sex or national origin. ' Each bid or proposal must be accompanied by a Certified Check,Cashier's Check, or Bid Bond payable to Jefferson County,in an amount not less than ten percent(10%)of the total amount of the bid. Successful Bidders shall fumish 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. Award of the project will be contingent upon receiving award concurrence from TSEP. No bid may be withdrawn after the scheduled time for the public opening of bids. ' SECTION 00100 INVITATION TO BID PAGE I OF 2 The right is reserved to reject any or all proposals received,to waive informalities,to postpone the award of the ' contract for a period not to exceed sixty(60)days,and to accept the lowest responsive and responsible bid that is in the best interest of the Owner. ' Jefferson County is an Equal Opportunity Employer. Published: Boulder Monitor,December 2, 2009, December 9,2009, and December 16,2009 Jefferson County Courier,December 2,2009,December 9, 2009,and December 16, 2009 ' Whitehall Ledger,December 2, 2009,December 9, 2009,and December 16, 2009 Jefferson County Commission , P.O. Box H,Boulder, MT 59632 1 END OF SECTION i SECTION 00100 ' INVITATION TO BID PAGE 2 OF 2 , 1 1 1 1 1 INSTRUCTIONS TO BIDDERS i 1 1 1 1 1 1 1 1 1 1 1 1 1 ' SECTION 00200 ' INSTRUCTIONS TO BIDDERS ARTICLE I —DEFINED TERMS 1.1 Terns used in these Instructions to Bidders will have the meanings indicated in the General Conditions and the Supplementary Conditions. Additional terms used in these Instructions to ' Bidders have the meanings indicated below, which are applicable to both the singular and plural thereof: ' A. "Bidder"—the individual or entity who submits a Bid directly to Owner. B. "Issuing Office"—the office from which the Bidding Documents are to be issued and ' where the bidding procedures are to be administered. C. "Successful Bidder"—The lowest responsible Bidder submitting a responsive Bid to whom Owner(on the basis of Owner's evaluations as hereinafter provided)makes an award. ARTICLE 2—COPIES OF BIDDING DOCUMENTS ' 2.1 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. 2.2 Complete sets of Bidding Documents roust 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. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terns do so ' only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. ' 2.4 The Contractor to whom a contract is awarded will be furnished, without cost to him,four copies of the Specifications and four sets of Drawings, together with all Addenda thereto. Additional copies of Specifications and Drawings may be obtained from the Engineer by the Contractor awarded the contract only on the following basis: Full or partial sets of Drawings $5.00 per sheet(Full size) ' $1.50 per sheet(Half size) Each book of Specifications $50.00 ARTICLE 3—QUALIFICATION OF BIDDERS 3.1 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. ' SECTION 00200 INSTRUCTIONS TO BIDDERS PAGE I OF 10 In determining the lowest responsible bid,the following elements will be considered: whether the ' Bidder involved (a) maintains a permanent place of business; (b)has adequate plant and equipment to do the work properly and expeditiously; (c)has a suitable financial status to meet obligations incident to the work; and (d)has appropriate technical experience. , Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be ' acceptable if he is engaged on any other work that 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 ' 4.1 Subsurface and Physical Conditions A. The Special Provisions identify: , 1. Those reports of explorations and tests of subsurface conditions at or contiguous ' to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and ' subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by ' Owner to any Bidder upon request. Those reports and drawings are not part of the Contract Documents, but the `technical data'contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been ' identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any`technical data"or any other data, interpretations, opinions, or information contained in such reports or , shown or indicated in such drawings. 4.2 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 f nnisbed 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. 4.3 Hazardous Environmental Condition t A. The Special Provisions identify those reports and drawings relating to a Hazardous ' Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by ' Owner to any Bidder upon request. Those reports and drawings are not part of the SECTION 00200 ' INSTRUCTIONS TO BIDDERS PAGE 2 OF 10 ' Contract Documents,but the "technical data" contained therein upon which Bidder is entitled to rely as provided in the Special Provisions has been identified and established in ' paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any"technical data"or any other data, interpretations, opinions,or information contained in such reports or shown or indicated in such drawings. 4.4 Responsibility for Adequacy of Data Furnished ' A. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Bidding Documents due to differing or ' unanticipated conditions appear in paragraphs 4.02,4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any,and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be ' within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.5 Access to the Site ' A. Upon request, Owner will provide Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill and compact all holes and clean up and restore the Site to its ' former condition upon completion of such explorations, investigations, tests, and studies. 4.6 Other Work at the Site ' A. Reference is made to Article 7 of the General Conditions and 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. 4.7 It is the responsibility of each Bidder before submitting a Bid to: ' A. Examine and carefully study the Bidding Documents including any Addenda and the other related data identified in the Bidding Documents; ' B. Visit the site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost,progress, and performance of the Work;including but not limited to those general and local conditions affecting transportation,disposal,handling ' and storage facilities, availability of labor, water,power,roads, climatic conditions and seasons,physical conditions at the work Sites and project area as a whole,job site topography and ground conditions,equipment and facilities needed preliminary to and ' during work prosecution; SECTION 00200 INSTRUCTIONS TO BIDDERS PAGE 3 OF 10 C. Become familiar with and satisfy Bidder as to all Federal, State and Local Laws and ' Regulations that may affect cost, progress,or performance of the Work; D. Carefully study all reports of explorations and tests of subsurface conditions at or ' contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site(except underground Facilities)which have been identified in the Special Provisions as provided in paragraph ' 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Special Provisions as provided in paragraph 4.06 of the General Conditions; ' E. Obtain and carefully study(or assume responsibility for doing so)all additional or supplementary examinations, investigations, explorations, tests, studies, and data ' concerning conditions(surface, subsurface and Underground Facilities)at or contiguous to the Site which may affect cost,progress, or performance of the Work or which relate to any aspect of the means,methods, techniques, sequences and procedures of construction ' expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. Agree at the time of submitting its bid that no further examinations, investigations, ' exploration,tests, studies or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the ' other terms and conditions of the Bidding Documents; G. Become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicted in the Bidding Documents; ' H. Correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all , additional examinations, investigations,explorations, tests, studies, and data with the Bidding Documents; L Promptly give Engineer written notice of all conflicts,errors, ambiguities, or discrepancies t that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to the Bidders; and J. Determine that the Bidding Documents are generally sufficient to indicate and convey , understanding of all terns and conditions for the performance of the Work. 4.8 Representation Made by Submitting a Bid A. The submission of a Bid will constitute an incontrovertible representation by Bidder that ' Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods,techniques, sequences or t 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. SECTION 00200 ' INSTRUCTIONS TO BIDDERS PAGE 4 OF 10 1 I ' ARTICLE 5—PRE-BID CONFERENCE ' 5.1 A pre-Bid conference will be held at the time and place listed in the Invitation to Bid. Representatives of Owner and Engineer will be present to discuss the project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective ' Bidders of record such addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6—SITE AND OTHER AREAS 6.1 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment,or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ' Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. ARTICLE 7—INTERPRETATIONS AND ADDENDA 7.1 All questions about the meaning or intent of the Bidding Documents are to be submitted to ' Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten (10) days prior to the date for opening of Bids may not be answered. Only questions answered by formal ' written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. ' 7.2 Addenda may be issued to clarify, correct or change the Bidding Documents as deemed advisable by Owner or Engineer. ' 7.3 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 may be considered incomplete. ARTICLE 8—BID SECURITY ' 8.1 A Bid must be accompanied by Bid Security made payable to Owner in an amount of ten percent (10%) of Bidder's maximum Bid price and in the form of 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 any 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. 8.2 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 SECTION 00200 INSTRUCTIONS TO BIDDERS PAGE 5 OF 10 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. 8.3 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving ' the award will be returned within seven days after Bid opening. ARTICLE 9—CONTRACT TIMES 9.1 The number of days within which,or the dates by which,the Work is to be(a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement ' ARTICLE 10—LIQUIDATED DAMAGES 10.1 Provisions for liquidated damages, if any, are set forth in the Agreement. ' ARTICLE 11—SUBSTITUTE AND OR-EQUAL ITEMS ' 11.1 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or"or-equal' items. If the , Contractor bases his bid on substitute or"or-equal' items, he does so entirely at his own risk. Whenever it is indicated in the Bidding Documents that a substitute or`nor equal' item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of ' the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Paragraphs 6.05 of the General Conditions and may be supplemented in the General Requirements or Special Provisions. ' ARTICLE 12 SUBCONTRACTORS, SUPPLIERS AND OTHERS 12.1 The apparent Successful Bidder, and any other Bidder so requested, shall within five(5)days after ' Bid opening submit to Engineer a list of all such Subcontractors, Suppliers, individuals or entities proposed for the Work. 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 the Notice of Award is given,request apparent Successful Bidder to submit a substitute,without an increase in the Bid. 12.2 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 so listed 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. , SECTION 00200 ' INSTRUCTIONS TO BIDDERS PAGE 6 OF 10 ' 12.3 Contractor shall not be required to employ any Subcontractor, Supplier, individual,or entity against whom Contractor has reasonable objection. ' ARTICLE 13—PREPARATION OF BID 13.1 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 there from may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. 13.2 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each Bid item listed therein. ' 13.3 Bids by a corporation must be executed in the corporate name by the president or a vice-president or other corporate officer who is authorized to bind the corporation,and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that ' person's authority. 13.4 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. 13.5 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. ' 13.6 A Bid by an individual shall show the Bidder's name and official address. 13.7 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. Bonding and insurance for Joint Ventures shall be provided by a single company. 13.8 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. ' 13.9 The Bid shall contain an acknowledgment of receipt of all Addenda(the numbers of which must be filled in on the Bid Fonn). Bids in which all issued addenda are not acknowledged may be considered incomplete. 13.10 The address and telephone number for communications regarding the Bid must be shown. 13.11 Current Montana Contractor's registration number must be shown. 1 ' SECTION 00200 INSTRUCTIONS TO BIDDERS PAGE 70F 10 1 ARTICLE 14—BASIS OF BID; EVALUATION OF BIDS ' 14.1 Bids. , A. Bidders shall submit a Bid on a unit price and/or lump sum basis for each item of Work listed in the Bid schedule as provided in the Bid form. The Bid will not be considered unless the Bid Form is complete, containing all Unit Prices or lump sum prices as shown ' on the Bid Form, and Bids and totals are shown legibly in their proper locations. The total amount of the Bid shall be legibly written and numerically presented in the proper places and the Bid Form shall be manually signed. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit price will be resolved ' in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. , Discrepancies between words and figures will be resolved in favor of the words. ARTICLE 15—SUBMITTAL OF BID ' 15.1 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. The Bid Form shall not be removed from this book. The , entire Project Manual shall be submitted as a bid. 15.2 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, the registration number of Bidder if available, 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. 15.3 A. The Bid will not be considered unless accompanied by proper Bid Security in accordance with Article 8 of these Instructions to Bidders. B. Alternative Bids will not be considered unless called for. C. Bids or bid modifications by telephone,telegraph, fax or other telecommunication systems will not be considered. ARTICLE 16—MODIFICATION AND WITHDRAWAL OF BIDS 16.1 Bids maybe 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 SECTION 00200 , INSTRUCTIONS TO BIDDERS PAGE 8 OF 10 ' 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. 16.2 If, within twenty-four hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that ' there was a material and substantial mistake in the preparation of its Bid,that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated,that Bidder will be disqualified from further bidding on the Work. ' ARTICLE 17—OPENING OF BIDS ' 17.1 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[Wade available to Bidders after the opening of Bids. ' ARTICLE 18—BIDS TO REMAIN SUBJECT TO ACCEPTANCE ' 18.1 All bids will remain subject to acceptance for sixty(60) days after the day of the Bid opening, but Owner may, in its sole discretion,release any Bid and return the Bid security prior to the end of this period. ' ARTICLE 19—AWARD OF CONTRACT 19.1 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 terns 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. ' 19.2 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. 19.3 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. 19.4 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. ' SECTION 00200 INSTRUCTIONS TO BIDDERS PAGE90F 10 19.5 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. 19.6 If the Contract is to be awarded,Owner will award the Contract to the responsible Bidder whose t Bid, conforming with all material terns and conditions of the Bidding Documents, is lowest price, in the best interest of the Project, and other factors considered. The Owner reserves the right to ' accept or reject the Bids,or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to , cancel the award of any Agreement at any time before the complete execution of said Agreement by all parties without any liability against the Owner. ARTICLE 20—CONTRACT SECURITY ' 20.1 Article 5 of the General Conditions, as may be modified b the Supplementary Conditions, sets Y Y ' 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 21 —SIGNING OF AGREEMENT ' 21.1 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. Within ten (10)days thereafter Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. ' ARTICLE 22—STATE LAWS AND REGULATIONS 22.1 All applicable laws, ordinances and the rules and regulations of authorities having jurisdiction over ' construction of the project shall apply to the Contract throughout. State laws and ordinances which the Contractor must comply with, include but are not limited to,those involving workmen's ' compensation insurance, Contractor registration, and gross receipts tax. 22.2 Construction Contractors shall be registered in order to bid this project. Registration shall be per ' Montana Code Annotated 39-9-201. All Subcontractors whose portion of the work is over$2,500 will be required to submit proof of registration with Department of Labor and Industry(DOLI). 22.3 Pursuant to Section 15-50-205, Montana Code Annotated, the Owner is required to withhold one ' (1)percent of all payments due the Contractor and is required to transmit such monies to the State Board of Equalization as part of the Public Contractor's Fee. In like fashion,the Contractor is required to withhold one(1)percent from payments to Subcontractors. Under the statute, these ' Public Contractor's Fees may be used as credits against income tax and corporation license tax paid or due in Montana. 1 END OF SECTION SECTION 00200 INSTRUCTIONS TO BIDDERS PAGE to OF 10 1 1 1 1 1 BID FORM 1 1 1 1 1 I � ' 1 1 1 1 1 1 1 SECTION 00300 ' BID FORM ' PROJECT IDENTIFICATION: Ouaintance Lane(OLI) Bridge Replacement ' (Name of Project) Jefferson County.Montana ' (Location) THIS BID SUBMITTED TO: ' Jefferson County c/o Jefferson County Commission ' (Organization) P.O. Box H (Street; PO Box) ' Boulder MT 59632 (City) (State) (Zip Code) 1.1 The undersigned Bidder proposes and agrees if this Bid is accepted,to enter into an Agreement 1 with OWNER in the form included in the Bidding Documents,to perform and famish all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in ' this Bid and in accordance with the other terns and conditions of the Bidding Documents. 2.1 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid,and Instruction to Bidders, including without limitations those dealing with the disposition of Bid ' Security.This Bid will remain subject to acceptance for sixty(60)days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. SECTION 00300 BID FORM PAGEIOF7 3.1 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. 1 C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost,progress,and performance of the Work. D. Bidder has carefully studied all(1)reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site(except Underground Facilities)which have been identified in the Special Provisions as provided ' in paragraph 4.02 of the General Conditions, and(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 price(s)bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. ' G. Bidder is aware of the general nature of the Work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. ' H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site,reports and drawings identified in the Bidding Documents, and all additional examinations, investigations,explorations, tests, studies and data with the Bidding Documents. ' I. Bidder has given ENGINEER written notice of all conflicts,errors, ambiguities,or discrepancies that Bidder has discovered in the Bidding Documents,and the written resolution thereof by ENGINEER is acceptable to Bidder. SECTION 00300 BID FORM PAGE 2 OF 7 1 J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. ' 4.1 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or ' rules of any group,association,organization or corporation;Bidder has not directly or indirectly induced or solicited any other Bidder to 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. 5.1 The Bidder will complete the Work in accordance with the Contract Documents for the following P rice(s): i 1 ' SECTION 00300 BID FORM PAGE 3 OF 7 ' BID SHEETS JEFFERSON COUNTY QUAINTANCE LANE(QL1)BRIDGE REPLACEMENT BID SHEETS Item Description Estimated Unit Total No. Quantity Unit Price Price ' 101 Mobilization 1 LS ' 102 Removal of Existing Bridge 1 LS ' 103 Structural Excavation 1 LS ' 104 Unclassified Excavation&Embankment 1 LS $ $ 105 '/4"Crushed Surface Course 90 CY $ $ 106 28'-Span x 10'-Rise 3-Sided Precast 40 LF ' Reinforced Concrete Box Culvert with $ $ Curbs 107 Precast Concrete Footings 1 LS 108 Precast Concrete Wingwalls(15' length) 4 EA with Footings $ $ 109 Object Markers and Posts 4 EA TOTAL BID PRICE $ ' (Figures) ' TOTAL BID PRICE $ (Words) 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 SECTION 00300 BID FORM PAGE 4 OF 7 ' 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. 6.1 Bidder agrees that the Work will be substantially completed and ready for final payment in ' accordance with 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. ' 6.2 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. ' 7.1 The following documents are attached to and made a condition of the Bid: A. Required Bid security in the amount of 10%of the maximum Bid price including alternates,if any,and in the form of a Bid Bond identified in the Instructions To Bidders. 8.1 The terms used in this Bid with the initial capital letters have the meanings indicated in the Instructions to Bidders, General Conditions,and the Supplementary Conditions. SUBMITTED on ' Montana Contractor's Registration# Employer's Tax ID No. ' SECTION 00300 BID FORM PAGE 5 OF 7 ' If BIDDER is: An Individual: ' (Name typed or printed) By: (SEA-) ' (individual's Signature) Doing business as: ' Business Address: tPhone No.: Fax No: t A Partnership: (Partnership Name) B Y (�L) ' (Signature) ' (Name, typed or printed) ' Business Address: Phone No.: Fax No: ' A Corporation: (SEAL) (Corporation Name) State of Incorporation: Type(General Business,Professional, Service,Limited Liability ' By. Title: ' Attest: (CORPORATE SEAL) (Signature of Secretary) ' Business Address: ' Phone No.: FAX No: Date of Qualification To Do Business Is: ' SECTION 00300 BID FORM PAGE 6 OF 7 tA Joint Venture: Each Joint Venture Must Sign Joint Venturer Name: (SEAL) ' (Name) By: ' (Signature of Joint Venture Partner) Name: ' (Name,printed or typed) Title: ' Business Address: Phone No.: FAX No: A Joint Venture: Each Joint Venture Must Sign ' Joint Venturer Name: (SEAL) (Name) By. (Signature of Joint Venture Partner) ' Name: (Name,printed or typed) ' Title: Business Address: tPhone No.: FAX No: Address of Joint Venture for Receipt of Official Communication: ' Address: ' Phone No.: FAX No: (Each Joint Venture must sign.The manner of signing for each individual,partnership and corporation that is a ' party to the joint venture should be in the manner indicated above.) ' END OF SECTION SECTION 00300 BID FORM PAGE 7 OF 7 PENAL SUM FORM ' BID BOND Any singular reference to Bidder,Surety,Owner,or other party shall be considered plural where applicable. BIDDER(Name and Address): SURETY (Name and Address of Principal Place of Business): t OWNER(Name and Address): ' BID Bid Due Date: Project(Brief Description Including Location): ' BOND Bond Number: Date(Not later than Bid due date): ' Penal sum (Words) (Figures) Surety and Bidder,intending to be legally bound hereby,subject to the terms printed on[he reverse side hereof,do each cause this Bid Bond to be duly executed on its behalf by its authorized officer,agent,or representative. BIDDER SURETY (Seal (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature and Title Signature and Title (Attach Power of Attorney) Attest: Attest: Signature and Title Signature and Title ' Note: Above addresses are to be used for giving required notice. EJCDC NO.C430(2002 Edition) 00430-3 PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind 7. Any suit or action under this Bond shall be commenced , themselves, their heirs, executors, administrators, only in a court of competent jurisdiction located in the state successors and assigns to pay to Owner upon default of in which the Project is located. Bidder the penal sum set forth on the face of this Bond. , Payment of the penal sum is the extent of Surety's liability. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on 2. Default of Bidder shall occur upon the failure of Bidder the face of this Bond. Such notices may be sent by personal to deliver within the time required by the Bidding delivery, commercial courier, or by United States Documents(or any extension thereof agreed to in writing by Registered or Certified Mail, return receipt requested, Owner) the executed Agreement required by the Bidding postage pre-paid, and shall be deemed to be effective upon Documents and any performance and payment bonds receipt by the party concerned. ' required by the Bidding Documents. 9. Surety shall cause to be attached [a this Bond a current 3. This obligation shall be null and void if and effective Power of Attorney evidencing the authority of 3.1. Owner accepts Bidder's Bid and Bidder delivers the officer, agent, or representative who executed this Bond within the time required by the Bidding on behalf of Surety to execute, seal, and deliver such Bond Documents(or any extension thereof agreed to in and bind the Surety thereby. writing by Owner) the executed Agreement , required by the Bidding Documents and any 10. This Bond is intended to conform to all applicable performance and payment bonds required by the statutory requirements. Any applicable requirement of any Bidding Documents,or applicable statute that has been omitted from this Bond shall 3.2. All Bids are rejected by Owner,or be deemed to be included herein as if set forth at length. If ' 3.3. Owner fails to issue a Notice of Award to Bidder any provision of this Bond conflicts with any applicable within the time specified in the Bidding statute, then the provision of said statute shall govern and Documents(or any extension thereof agreed to in the remainder of this Bond that is not in conflict therewith writing by Bidder and, if applicable,consented to shall continue in full force and effect. ' by Surety when required by Paragraph 5 hereof). 11. The term "Bid" as used herein includes a Bid,offer, or 4. Payment under this Bond will be due and payable upon proposal as applicable. ' default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from ' Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond , prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. r t EJCDC NO.C430(2002 Edition) 004304 ' 1 i 1 1 1 AGREEMENT FORM 1 1 1 1 1 1 1 1 1 1 ' SECTION 00500 ' AGREEMENTFORM ' This Agreement is dated as of the day of in the year by and between Jefferson Countv,hereinafter called"Owner"and hereinafter called "Contractor". Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ' ARTICLE 1 —WORK ' 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.The Work is generally described as follows: ' The project consists of the construction of a new 3-sided concrete box culvert located approximately 13.5 miles southeast of Boulder,Montana. The new culvert will replace the existing bridge over the Boulder River overflow ditch on Quaintance Lane. The proposed,28- foot span x 9-foot rise x 40-foot length 3-sided reinforced concrete box culvert will be placed on precast concrete spread footings. Improvements consist of,but are not limited to: excavation, existing bridge removal,grading,precast concrete footings,3-sided box culvert,precast ' wingwalls,and other miscellaneous items. ARTICLE 2—THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: QUAINTANCE LANE (QLl) BRIDGE REPLACEMENT ' ARTICLE 3—ENGINEER 3.01 The Project has been designed by Great West Engineering, Inc. (Engineer),who is hereinafter called ' Engineer and who is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4—CONTRACT TIME 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion,and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. ' 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within 60 days after the date when the Contract Times commence to run, or before April 1',2010,as provided in Paragraph 2.03 of the General ' SECTION 00500 AGREEMENT FORM PAGE I OF 8 Conditions,and completed and ready for final payment in accordance with Paragraph 14.07 of , the General Conditions within 15 days after the date of substantial completion. 4.03 Liquidated Damages ' A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph , 4.02 above,plus any extensions thereof allowed in accordance with Article 12 of the General Conditions.The parties also recognize the delays,expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time.Accordingly, instead of requiring any such proof,Owner and Contractor agree that as liquidated damages for delay(but not as a penalty),Contractor shall pay Owner five hundred dollars($500.00) for each day that expires after the time specified in Paragraph ' 4.02 for Substantial Completion until the Work is substantially complete.After Substantial Completion, if Contractor shall neglect, refuse,or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner,Contractor shall pay ' Owner five hundred dollars($500.00)for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5—CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the quantity of that item that is constructed and accepted. Unit prices are those listed in the Unit Price Schedule of the Bid Form. Estimated quantities used for bidding purposes are ' not guaranteed,payment will be for actual quantities as determined by ENGINEER in accordance with Article 9.07 of the General Conditions.Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions. , ARTICLE 6—PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments t A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General ' Conditions.Applications for Payment will be processed by Engineer as provided in the Contract Documents. 6.02 Progress Payments; Retainage , A. Owner shall make progress payments in accordance with Article 14 of the General Conditions on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the number of units of each bid item completed times the bid unit price in the Unit Price Schedule of the Bid ' Form for that item. 1. Prior to Substantial Completion,progress payments will be made in an amount equal to the sum of the unit price items less the percentage indicated below but, in each case, ' less the aggregate of payments previously made and less such amounts as Engineer SECTION 00500 , AGREEMENTFORM PAGE 2 OF 8 may determine or Owner may withhold, in accordance with Paragraph 14.02 of the General Conditions: a. The Owner shall retain five percent(5%) of the amount of each payment until final completion and acceptance of all Work covered by the Contract Documents. ' b. Retainage will be five percent(5%)of materials and equipment not incorporated in the Work(but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 14.02 of General Conditions). ' 2. Upon Substantial Completion,and at the Owner's discretion,the amount of retainage may be further reduced if requested by the Contractor. ' 6.03 Final Payment A. Upon final completion and acceptance of the work in accordance with Paragraph 14.07 of the General Conditions,Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 14.07. ARTICLE 7—INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest ' at the maximum rate allowed by law at the place of the Project. ARTICLE 8—CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: ' A. Contractor has examined and carefully studied the Contract Documents(including all Addenda) listed in paragraph 9 and the other related data identified in the Bidding Documents. B. Contractor has visited the site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress,and performance and furnishing of the Work. ' C. Contractor is familiar with and is satisfied as to all federal, state,and local Laws and Regulations that may affect cost,progress,and performance of the Work. D. Contractor has carefully studied all: (1)reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site(except Underground Facilities)which have been identified in the Special Provisions as provided in Paragraph 4.02 ' of the General Conditions and(2)reports and drawings of a Hazardous Environmental Condition,if any,at the Site which has been identified in the Special Provisions as provided in Paragraph 4.06 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract 1 Documents with respect to Underground facilities at or contiguous to the site. SECTION 00500 AGREEMENT FORM PAGE 3 OF 8 E. Contractor has obtained and carefully studied(or assumes 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 to be employed by Contractor, including any specific means,methods,techniques, sequences,and procedures of construction expressly required by the Contract Documents,to be employed by the , Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations,tests, ' studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. , G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site,reports and drawings identified in the Contract Documents,and all additional examinations, investigations,explorations,tests, studies, and data with the , Contract Documents. 1. Contractor has given Engineer written notice of all conflicts,errors,ambiguities, or ' discrepancies that Contractor has discovered in the Contract Documents,and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9—CONTRACT DOCUMENTS ' 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement(pages 1 to 8, inclusive). , 2. Bid Form(Contractor's Bid pages 1 to 7, inclusive). 3. Performance bond(pages 1 to 2,inclusive). n bond(pages to inclusive 4. Payment bo (p 1 2 g _ _, .) 5. Other bonds a. Bid Bond(pages 3 to 4,inclusive). 6. Standard General Conditions of the Construction Contract Funding Agency Edition (pages 1 to 57,inclusive). SECTION 00500 , AGREEMENT FORM PAGE 4 OF 8 i ' 7. Supplementary Conditions to the General Conditions Funding Agency Editions(pages I to 12, inclusive). i8. Special Provisions(pages 1 to 9, inclusive). 9. TSEP Supplemental General Conditions(pages I to 41 inclusive with Exhibit 8A). ' 10. Montana Prevailing Wage Rates(pages 10 to 13, inclusive). i11. Specifications as listed in the table of contents of the Project Manual. 12. Drawings consisting of sheets numbered 1 through 5 with each sheet bearing the ' following general title: Guaintance Lane(OLI)Bridge Replacement. 13. Addenda (numbers to , inclusive). 14. Exhibits to this Agreement (enumerated as follows): a. Documentation submitted by Contractor prior to Notice of Award(pages ito inclusive). 15. The following which maybe delivered or issued on or after the Effective Date of the ' Agreement and are not attached hereto: a. Written Amendments. ib. Notice to Proceed(pages to , inclusive). i C. Work Change Directives. d. Change Order(s). i16. Permits,Approved and Pending. 17. The Montana Public Works Standard Specifications,Fifth Edition,March 2003 and 2006 i Addendum,collectively referred to as the MPW SS,as may be modified by the above Contract Documents. (The MPW SS is not attached to the Agreement.) i B. The documents listed in Paragraph 9.01.A are attached to this Agreement(except as expressly noted otherwise above). i C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended,modified,or supplemented as provided in Paragraph 3.04 of the General Conditions. 1 1 ' SECTION 00500 AGREEMENT FORM PAGE 5 OF 8 i ARTICLE 10—MISCELLANEOUS , 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions, 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding ' on another party hereto without the written consent of the party sought to be bound;and, specifically but without limitation,moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may i be limited by law),and unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns,and legal ' representatives to the other party hereto, its partners, successors,assigns,and legal representatives in respect to all covenants, agreements,and obligations contained in the Contract Documents. , 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor,who agree that the Contract Documents shall be ' reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 1 i i SECTION 00500 , AGREEMENT FORM PAGE 6 OF 8 ' IN WITNESS WHEREOF,Owner and Contractor have signed four(4)copies of this Agreement. The Owner, Contractor, Engineer,and Funding Agencies all receive an original signed copy of this agreement.All portions ' of the Contract Documents have been signed, initialed,or identified by Owner and Contractor or identified by Engineer on their behalf. This Agreement will be effective on This Agreement shall not be effective unless and until Agency's ' designated representative concurs. OWNER: CONTRACTOR By. By: Title: Title: ' [CORPORATE SEAL] [CORPORATE SEAL] Attest: Attest: Title: Title: ' Address for giving notices: Address for giving notices: Phone No. Phone No. ' Fax No. Fax No. (CORPORATE SEAL) (SEAL) ' (If OWNER is public body, attach evidence of authority to sign and resolution or other documents authorizing Contractor Registration No. Agent for service of process: 1 (If Contractor is a corporation or a partnership,attach evidence of authority to sign.) SECTION 00500 AGREEMENTFORM PAGE70F8 1 Owners Designated Representative: Contractor's Designated Representative: Name: Name: , Title: Title: Address: Address: 1 Phone: Phone: Fax: Fax: 1 Agency Concurrence: As lender or insurer of funds to defray the costs of this Contract,and without liability for any payments thereunder, , the Agency hereby concurs in the form,content,and execution of this Agreement. Agency By. i Date: Title: END OF SECTION , 1 1 1 1 1 SECTION 00500 1 AGREEMENT FORM PAGE 8 OF 8 1 1 1 1 1 � STANDARD FORMS 1 1 � 1 1 1 1 1 1 1 1 1 Notice of Award ' Dated Project: Owner: nets Contract No.: ' Conlna: F.Oods Pwjw No.: Bidder: Biddds Address:(send Certified Mail,Return Receipt Requested) You are notified that your Bid dated_for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for (Indicate total Work,alternates or sections or Work awarded.) ' The Contract Price of your Contract is _Dollars($_). (Insert appropriate data if Unit Prices are used. Change language for Cost-Plus contracts.) copies of each of the proposed Contract Documents(except Drawings)accompany this Notice of Award. sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within[I5]days of the date you receive this Notice of Award. ' 1. Deliver to the Owner[_]fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders(Article 20),[and]General Conditions(Paragraph 5.01).] 3. Other conditions precedent: 1 Failure to comply with these conditions within the time specified will entitle Owner to consider you in default,annul this Notice of Award and declare your Bid security forfeited. ' Within ten days after you comply with the above conditions,Owner will return to you one fully executed counterpart of the Contract Documents. ' Owner By. Authorized Signature ' Title Copy to Engineer EJCDC No.C-510(2002 Edition) Page 1 of 1 ' Prepared by the Engineers'Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. 1 Notice to Proceed ' Dated p,ojw; mr. Owsrers Conoaa No.: ' Coeoaa: En&eees Psgea No, Coo n ' Conowoes Address:[send Calified Maio Raves Raxip Requessall You are notified that the Contract Times under the above contract will commence to run on— On or before that date,you are to start performing your obligations under the Contract Documents. In accordance with Article ' 4 of the Agreement,the date of Substantial Completion is_, and the date of readiness for final payment is_ [(or)the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is ' Before you may start any Work at the Site,Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other(with copies to Engineer and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also,before you may start any Work at the Site,you must[add other requirements]: 1 1 oo,se< ' Given by: Authorized Sig n ur ' Tilk Date ' Copy to Engineer I EJCDC No.0550(2002 Edition) Page 1 of 1 ' Prepared by the Engineers'Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. PERFORMANCE BOND Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. ' CONTRACTOR(Name and Address): SURETY(Name and Address of Principal Place of Business): OWNER(Name and Address): CONTRACT Date: Amount: Description(Name and Location): ' BOND Bond Number: Date(Not earlier than Contract Date): Amount: ' Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof,do each cause this ' Performance Bond to be duly executed on its behalf by its authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Tide: Surety's Name and Corporate Seal By. Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties,if required.) Attest: Signature and Title CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal ' By. Signature and Title (Attach Power of Attorney) ' Attest: Signature and Title: EJCDC No.4610(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America,and the American Institute of Architects. ' 00610-1 L C'ontrador and Surety, jointly and severally, bind thcrosclvcs, their heirs, 6. Afler Owner has terminated Contractor's right to complete the Contract, and if ' executors,administralors,successors,and assigns to Owner for the performance of the Surety elects to act under Paragraph 4.1,4.2,or 4.3 above,then the responsibilities of Contract,which is incorporated herein by reference. Surety to Owner shall not he greater than those of Contractor under the Contract,and the responsibilities of Owner to Surety shall not be greater than those of Owner under ; 2 If Contractor performs the Contract, Surety and Contractor have no obligation the Contract. To a limit of the amount of this Bond,but subject to commitment by under this Bond,except to participate in conferences as provided in Paragraph 3.1. Owner of the Balance of the Contract Price to mitigation ofcosts and damages on the Contact,Surety is obligated without duplication for: 3. Iffl ere is no Owner Default,Suretys obligation under this Bond shall arise after: 6.1. The responsibilities of Contractor for correction of defective Work and ' 3.1. Owner has notified Contractor and Surely, at the addresses described in completion of the Contract; Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with 62 Additional legal, design professional, and delay costs resulting from Contractor and Surety to be held not later than 15 days after receipt of Contractor's Default, and resulting from the actions or failure to act of such notice to discuss methods of performing the Contract. If Owner, Surety under Paragraph 4;and , Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contend, but such an agrcement shall not waive 6.3. Liquidated damages, or if no liquidated damages are specified in the Owner's right,if any,subsequently to declare a Contractor Default;and Contract, actual damages caused by delayed performance or non- performance ofContranor. ' 3.2. Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall 7. Surety shall not be liable to Owner or others for obligations of Contractor that are not be declared earlier than 20 days afler Contractor and Surety have unrelated to the Contract,and the Balance of the Contract Price shall not be reduced or received notice as provided in Paragraph 3.1;and set offon account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, , 3.3. Owner has agreed to pay the Balance of the Contract Price to: administrators,or successors. 1. Surety in accordance with the terns of the Contract; S. Surely hereby waives notice of any change,including changes of(fine,to Contract or to related subcontracts,purchase orders,and other obligations. 2. Another contractor selected pursuant to Paragraph 4.3 to perforn the , Contract. 9. Any proceeding,legal or equitable,under this Bond may be instituted in any tour of competent jurisdiction in the location in which the Work or pan of the Work is 4. When Owner has satisfied the conditions of Paragraph 3,Surety shall promptly and located and shall be instituted within two years after Contractor Default or within two at Surety's expense take one of the following actions: years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of , 4.1. Arrange for Contractor,with consent of Owner,to perform and complete this paragraph are void or prohibited by law, the minimum period of limitation the Contract;or available to sureties n a defense in thejurisdiction of the suit shall be applicable. 4.2. Undertake to perlonn and complete the Contract itself,through its agents 10. Notice to Surely,Owner,or Contractor shall be mailed or delivered to the address , or through independent contractors;or shown on the signature page. - 43. Obtain bids or negotiated proposals from qualified contractors acceptable 11. When this Bond has been furnished to comply with a statutory requirement in the to Owner for a contract for performance and completion of the Contract, location where the Contract was to be performed, any provision in this Bond arrange for a contract to be prepared for execution by Owner and conflicting with said statutory requirement shall be deemed deleted hereftom and ' Contractor selected with Owner's concurrence, to be secured with provisions conforming to such statutory requirement shall be deemed incorporated performance and payment bonds executed by a qualified surety equivalent herein. The intent is that this Bond shall be constred as a statutory bond and not as a to the bonds issued on the Contract, and pay to Owner the amount of common law bond. damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default;or 12. Definitions. ' 4 4. Waive its right rn perform and complete,arrange for completion,or obtain 12.1 Balance of the Contract Price: The total amount payable by Owner to a new contractor and with reasonable promptness under the circumstances: Contractor under the Contract after all proper adjustments have been made,including allowance to Contractor of any amounts received or to be 1. After investigation,determine the amount for which it may be liable to received by Owner in settlement of insurance or other Claims for damages ' Owner and, as soon as practicable alter the amount is determined, to which Contractor is entitled,reduced by all valid and proper payments tender payment therefor to Owner;or made to or on behalf of Contractor under the Contract. 2. Deny liability in whole or in pan and notify Owner citing reasons 12.2. Contract:The agreement between Owner and Contractor identified on the , therefor. signature page,including all Contract Documents and changes thereto. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, 12.3. Contractor Default: Failure of Contractor, which has neither been Surety shall he deemed to be in default on this Bond 15 days after receipt of an remedied nor waived,to perform or otherwise to comply with the terms of additional written notice from Owner to Surety demanding that Surety perform its the Contract. , obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner 12.4. Owner Default: Failure of Owner, which has neither been remedied nor refuses the payment tendered or Surety has denied liability, in whole or in waived,to pay Contractor as required by the Contract or to Perform and part,without£umber notice Owner shall be entitled to enforce any remedy available to complete or comply with the other terms thereof. Owner. ' FOR INFORMATION ONLY—Name,Address and Telephone Surety Agency or Broker Owner's Respresentative(engineer or other party) 00610-2 , 1 PAYMENT BOND 1 Any singular reference to Contractor, Surety,Owner,or other party shall be considered plural where applicable. 1 CONTRACTOR(Name and Address): SURETY(Name and Address of Principal Place of Business): OWNER(Name and Address): 1 CONTRACT 1 Date: Amount: Description(Name and Location): 1 BOND Bond Number: 1 Date(Not earlier than Contract Date): Amount: Modifications to this Bond Form: 1 Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof,do each cause this Payment Bond to he duly executed on its behalf by its authorized officer,agent,or representative. 1 CONTRACTOR AS PRINCIPAL SURETY Company: 1 Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal 1 Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional 1 parties,if required.) Attest: Signature and Title 1 CONTRACTOR AS PRINCIPAL SURETY Company: 1 Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal i Signature and Title (Attach Power of Attorney) 1 Attest: Signature and Title: ' EJCDC No.C-615(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America, the American Institute of .Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 1 1 00615-1 I. Contractor and Surely,jointly and severally, bind themselves, their heirs, 8. Amounts owed by Owner to Contractor under the Contract shall be used for , executors, administrators, successors, and assigns to Owner to pay for labor, the performance of the Contract and to satisfy claims, if any, under any materials,and equipment furnished by Claimants for use in the performance of performance bond. By Contractor furnishing and Owner accepting this Bond, ' the Contract,which is incorporated herein by reference. they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, 1 Willi respect to Owner,this obligation shall be null and void if Contractor: subject to Owners priority to use the funds for the completion of the Work. 2.1. Promptly makes payment, directly or indirectly, for all sums due , Claimants,and 9. Surely shall not be liable to Owner,Claimants,or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable 1'or 2.2. DeNends, indemnities, and holds harmless Owner from all claims, payment of any costs or expenses of any Claimant under this Bond, and shall demands, liens, or suits alleging non-payment by Contractor by any have under this Bond no obligations to make payments to,give notices on behalf person or entity who famished labor,materials,or equipment for use in of,or otherwise have obligations to Claimants under this Bond. ' the performance of the Contract,provided Owner has promptly notified Contractor and Surely(at the addresses described in Paragraph 12)of 10. Surety hereby waives notice of any change,including changes of time,to the any claims, demands, liens, or suits and tendered defense of such Contract or to related Subcontracts,purchase orders and other obligations. claims,demands,liens,or suits to Contractor and Surety,and provided ' there is no Owner Default. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or 1 With respect to Claimants,this obligation shall be null and void if Contractor part of the Wok is located or after the expiration of one year from the date(1) promptly makes payment,directly or indirectly,for all sums due. on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3,or(2)on which the last labor or service was performed by anyone or the ' 4. Surely shall have no obligation to Claimants under this Bond until: last materials or equipment were famished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the provisions of this pamgmph 4.1. Claimants who are employed by or have a direct contract with are void or prohibited by law, the minimum period of limitation available to Contractor have given notice to Surety(at the addresses described in sureties as a defense in the jurisdiction of the suit shall be applicable. ' Paragraph 12)and sent a copy,or notice thereof,to Owner,stating that a claim is being made under this Bond and,with substantial accuracy. 12. Notice to Surety,Owner, or Contractor shall be mailed or delivered to the the amount of the claim. addresses shown on the signature page. Actual receipt of notice by Surety, Owner,or Contractor,however accomplished, shall be sufficient compliance as 4.2. Claimants who do not haves direct contract with Contractor: of the date received at the address shown on the signature page. ' 1. Have famished written notice to Contractor and sent a copy. or 13. When this Bond has been furnished to comply with a statutory requirement notice thereof,to Owner,within 90 days after having last performed in the location where the Contract was to be performd, any provision in this labor or last furnished materials or equipment included in the claim Bond conflicting with said statutory requirement shall be deemed deleted ' stating,with substantial accuracy, the amount of the claim and the herefrom and provisions conforming to such statutory requirement shall be name of the party to whom the materials or equipment were deemed incorporated herein. The intent is that this Bond shall be construed as a furnished or supplied, or for whom the labor was done or swutory Bond and not as a common law bond. performed;and ' 14. Upon request of any person or entity appearing to be a potential beneficiary 2. Have either received a rejection in whole or in pan from Contractor, of this Bond, Contractor shall promptly famish a copy of this Bond or shall or not received within 30 days of furnishing the above notice any permit a copy to be made. communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly;and 15. DEFINITIONS , 3. Not having been paid within the above 30 days,have sent a written 15.1. Claimant: An individual or vivify having a direct contract with notice to Surety and sent a copy,or notice thereof,to Owner,stating Contractor, or with a first-tier subcontractor of Contractor,to famish that a claim is being made under this Bond and enclosing a copy of labor, materials, or equipment for use in the performance of the ' the previous written notice famished to Contractor. Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to power,light,heat,oil,gasoline,telephone service,or rental equipment Contractor or to Surety,that is sufficient compliance. used in the Contract,architectural and engineering services required for performance of the Work of Contractor and Contractor's 6. When a Claimant has satisfied the conditions of Paragraph 4,the Surely shall Subcontractors,and all other items for which a mechanic's lien may be promptly and at Surety's expense take the following actions: asserted in the jurisdiction where the labor, materials, or equipment were furnished. 6.1. Send an answer to that Claimant,with a copy to Owner,within 45 days ' after receipt of the claim,stating the amounts that are undisputed and 15.2. Contract:The agreement between Owner and Contractor identified on the basis for challenging any amounts that are disputed. the signature page, including all Contract Documents and changes thereto. 6.2. Pay or arrange for payment of any undisputed amounts. 15.3. Owner Default:Failure of Owner,which has neither been remedied nor ' 7. Surety's total obligation shall not exceed the amount of this Bond, and the waived,to pay Contractor as required by the Contract or to perform and amount of this Bond shall be credited for any payments made in good faith by complete or comply with the other terms thereof. Surety. FOR INFORMATION ONLY—Name,Address and Telephone Surety Agency or Broker: Owner's Representative(engineer or other party): 006152 ' Contractor's Application for Payment No. X Application Period: Application Date: Owner: Contractor: Engineer. project: Date of Contract: Engineer's Project No.: Contract Change Order Summary Amount 1. ORIGINAL CONTRACT PRICE...................................................................... S Number Approval Date .................................. S Additions Deductions 2. Net change by Change Orders............._................._......._. 3. CURRENT CONTRACT PRICE(Line/a 2)..._.........._.._._.—._..............._.. $ i 4. Work Completed to Date............................................_.................._.._.......... $ 5. Stored Materials............_._.._.........»....................».........._............................ S 6. SUBTOTAL(Lines 4+5)._..........__...._..................................r..._................... $ 7. Retainage(Line 6 a 5%)..........._...._...._...._......................._........_.........._......._. S 8, PREVIOUS PAYMENTS(Line 9 from prior Applicat ion)_..................._......... S 9. GROSS AMOUNT DUE(Line 6-7-8)...................................................... S 10.1%MT Gross Receipts Tax(1%a Line 8)......................................................... S TOTALS 11.Unscheduled Employment of the Engineer........................................................ S- NETCHANGE NET AMOUNT DUE THIS APPLICATION(Line 9-10-11)............................... $ CONTRACTOR'S CERTIFICATION ENGINEER'S CERTIFICATION The undersigned Contractor certifies that to the best of its knowledge:(1)all previous progress payments The undersigned certifies that the work has been carefully in and to the best of received from Owner on account of Work done under the Contract have been applied on account to discharge their knowledge and belief the quantities shown in this estimate are correct and the work Contractor's legitimate obligations incurred in connection with Work covered by prior Applications for has been performed in accordance with the contract documents. Payment;(2)title of all Work,materials and equipment incorporated in said Work or otherwise listed in or Engineer:Great West Engineering,Inc. covered by this Application for Payment will pass to Owner at time of payment free and clear of all Liens, security interests and encumbrances(except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Liens,security interest or encumbrances);and(3)all Work covered by this Application By. for Payment is in accordance with the Contract Documents and is not defective. Contractor: Date: By ACCEPTED BY AGENCY The review and acceptance of this estimate does not attest to the correctness of the Date: quantities Shown or that the work has been performed in accordance with the contract documents. APPROVED BY OWNER By. Owner: By Title: Date: Date: Page[of4 Form Adapted from FJCDC C-620(2002 Edition) Progress Estimate Application Period: Application Date: 0�vner: Contractor: Engineer: Engineers Project Project: Date of Contract: No.: Contract Progress From Previous Payment Progtoss This Period Total to Date Percent Bid loam Item Units Periods Complete No. Unit Price Qantity u Cost Quantity Cost Quantity Cost Quantity Cost Totals MWAdapMF-W WO(zGWon) r M M M M M M M M M M M �nfa _ Stored Material Summary Application Period: Applimtion Date: Owner: Contractor: Engineer. Project: Date of Contract: Engineels Project No.: A B C D E F G H Stored ously Stored this Month Inwrporsted in Work Materials Remaining Invoice No. Shop Drawing Materials Description Date Amount Date Amount Subtotal Date Amount in Storage(S) Transmittal No. MonthfYmr S Month/Ymr 5 Month/Ymr S D+E-G Totals Form Adapted from EiCDC C-620(2002 Edition) Page 3 of 4 Unscheduled Employment of the Engineer Application Period: Application Date: Owner. Contractor: Engineer: Project: Date of Contract: Engineers Project No.: A B C D E F Total Expenses Comments D Mileage Expense at Other Expenses (C+E+F) Date Hours Engineer Rate Subtotal Mileage $0.65/mile (List in Com.) Totals _ _ teaMCD�PNOW) M M i M P dap f 4 _ Work Change Directive ' No. Date of Issuance: Effective Date: Project: O"eo Owners Contract no.: ' Contract: Date of Coat acl: Contractor: Engineers Project No.: ' You are directed to proceed promptly with the following change(s): Ham No. 1 ' Attachments(list documents supporting change): Purpose for Work Change Directive: ❑ Authorization for Work described herein to proceed on the basis of cost of the Work due to: Nana reement on pricing of proposed chan e. ❑ 9 P 9 9 ' ❑ Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. Estimated change in Contract Price and Contract Times: 1 Contract Price$ (increase/decrease) Contract Time (increase(decrease) ' If the change involves an increase,the estimated amounts are not to be exceeded without further authorization. Recommended for Approval by Engineer: Data: Authorized for Ovmer by: Date: ' Accepted for Contractor by: Data: Approved by Fundng Agency)If applicable): Date: EJCDC No.C•940(2002 Edition) Page I of 1 ' Prepared by the Engineers'Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specification Institute. Change Order No. Date of Issuance. Effective Date: Project: Owner Owner's Conlrad No.: t Contract Date of Contract: Contractor: Engineer's Pmjrot No.: 1 ' The Contract Documents are modified as follows upon execution of this Change Order: Description: Attachments: (List documents supporting change): 1 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ❑ Working days ❑ Calendar days Substantial completion or date Sub p (days s y ): S Ready for final payment(days or date): ' [Increase][Decrease]from previously approved Change [Increase][Decrease] from previously approved Change Orders Orders No. to No. No. to No. Substantial completion(days): S Ready for final payment(days): Contract Price prior to this Change Order: Contract Times prior to this Change Order- Substantial completion(Jays or dale): tS Ready for final payment(days or date): [Increase][Decrease]of this Change Order: [Increase][Decrease)of this Change Order: Substantial completion(days or data): S Ready for final payment(days or date): ' Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion(days or date): ' $ Ready for final payment(days or date): ' RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer-(AUthmiced Signature) Owner(Authoowd Signature) Contractor(Aathorimd Siprotare) ' Date. Date: Date: Approved by Funding Agency,(if applicable): Date: EJCDC No.C-941(2002 Edition) Page 1 of 2 ' Prepared by the Engineers'Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. Change Order ' Instructions A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a ' subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. ' If Milestones have been listed in the Agreement,any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a ' Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM , Engineer normally initiates the form, including a description of the changes involved and attachments based upon ' documents and proposals submitted by Contractor, or requests from Owner,or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, , depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times,cross out the part of the tabulation that does not apply. ' EJCDC No.C-941(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. Field Order ' No. Date of Issuance: Effective Date: ' Project: Owner: Owner's Contract No.: Contract: Date of Contract: tContractor: Engineer's Project No.: Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.04.A, 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: III ' (Specification Section(s)) (Drawing(s) /Detail(s)) ' Description: ' Attachments: Engineer: ' Receipt Acknowledged by Contractor: Date: ' Copy to Owner 1 EJCDC C-942 Field Order Prepared by the Engineers Joint Contmo Documents Committee and endorsed by the Construction specifications Institute. Page I or 1 1 1 �II 1 STANDARD GENERAL CONDITIONS 1 FUNDING AGENCY EDITION � 1 1 1 1 1 1 ' 1 � 1 1 1 1 1 � l 1 1 This document has important legal consequences;consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ' FUNDING AGENCY EDITION Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By �--` National Society of kneritan Society ACEC Professional Engineers CE of CM Engineers A-11Au 1-1 av FVrmr-.ramc fnumxma pmNabrt+l EtlpiaeeraM lRlYOM l7ae!!Ca PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS ' AMERICAN COUNCIL OF ENGINEERING COMPANIES ' AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America a ' and the ' Construction Specification Institute Knowledge Mp peraat sr'J On OUh Emironmem EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00710.1 1 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and 1 Contractor Funding Agency Edition No. C-521 (2002 Edition). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction 1 Documents, 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.C-800,2002 Edition). 1 1 1 1 1 i 1 1 1 i Copyright C 2002 National Society of Professional Engineers 1 1420 King Street,Alexandria,VA 22314-2794 (703)684-2882 American Council of Engineering Companies 1015 15th Street N.W.,Washington,DC 20005 (202)347-7474 American Society of Civil Engineers 1 1801 Alexander Bell Drive,Reston,VA 20191-4400 (800)548-2723 1 EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright C 2002 National Society of Professional Engineers for EJCDC.AN rights reserved. 00710-2 1 � TABLE OF CONTENTS Page Article | -Definitions and Terminology............................................................................................................................................6 1.01 DofineiTvmoo .........................................................................................................................................................6 l{O Terminology..............................................................................................................................................................y Arbd�2-Po��iumyk���o--...--....--...--..~---.-~.--^^~--'^~.---..--,..--...-.i0 �= I.01 Delivery of Bonds and Evidence of Insurance........................................................................................................\0 l0 2�2 Coy�ooJDo*unm*n�....~--..-.....--.....--...---^~.--^^~~--~.~.--^~.--. %�3 Cnnuormx�u�tofCvn�a�Times;YVohm�mPnmnmd..---...---....--^.~---,..---..--l0 I04 Suudo&�enyork.'-..~.---..__.~.—_..--,--...---.,---~.--...--'. ..,_�ll � 2.05 Before Starting Construction............................................................................ ......................................................D � 2.06 Yunxomtromiuo Conference..............................................................................---.................................................l\ 2.07 Initial Acceptance oJ Schedules..............................................................................................................................l\ Article 3-Contract Documents: Intent,Amending,Reuse............................................................................................................ll 3{)1 Intent....................................................... ...............................................................................................................ll 3.02 Reference Standards..........................7............. ..... ................................... ............... . ...............................l2 ~~ 103 Reporting and Resolving Discrepancies..................................................................................................................l% 1,14 Amending and Supplementing Contract Documents............................. ..... ......... ............ ... ....................... ." 3.05 Reuse of Documents................................................................................................... ..........................................l3 3.06 Electronic Data.............................................................. ........................................................................................l3 Article 4-Availability of Lands;Subsitrface and Physical Conditions;Hazardous Environmental Conditions;Reference Pointst 3 4.01 Availability of Lands................................................................................................................... ............... ...........l3 4.03 Subsurface and Physical Conditions.......................................................................................................................14 4.03 Differing Subsurface nr Physical Conditions...........................................................................................................l4 4,04 Underground Facilities............................................ ................................................................. ............................l5 4.05 Reference Points................................................................................ ......................................................................l6 4.06 Hazardous Environmental Condition uu Site................................................................................... .....................l6 Article5-Bonds and Insurance............................................................................................... ...................................................ls 5.01 Performance,Payment,and Other Bonds...................................................... .............. .........................................}8 -- 5.02 Licensed Sureties and Insurers................................... ........................... ....... ................................-...................|8 1,01 Certificates of Insurance.................................,----.------.-----..----..----...---�l� l04 Cvuuncuo`s L�h�yluomno^e-..-.....---....----...---...~.---..-.----.---'\8 i05 (hpuor�ljuhih�'bxn*noce---..,*--..----..-.----.----...,---- .................................../9 � lV6 Pnox��'lomuno^n-..----..---..----.,--.--. -----.,-'--'..---`^^.',---. ~ 5.07 Waiver of Rights............................................... .................................................°.............................................zl 5.08 Receipt and Application of Insurance Proceeds..,---....---...-.--...,--..,.---.~..-I1 589 Acceptance of Bonds and Insurance;Option uo Replace......................................................................................2} 5]0 Partial Utilization,Acknowledgment of Property Insurer. ...................................................................................22 Auul»6-<�ndru�vr^oO»sp^un����oo....--...--...---....---....-.-...--.....---...-.-22 =� 6.01 Supervision and Superintendence........................... ...............................................................................................2% 0,02 Labor;Working Hours-..... ............................................... ....... ..... ......... .............................. .......... ...........2% 6.03 Services,Materials,and Equipment~.....................................................................................................................22 6.04 Progress Schedule......................................................................!�............................................................. ..........Z3 6.05 Substitutes uad^�OpE8uub``.................................................................................................................................Z3 6.06 Concerning Subcontractors,Suppliers,and Others................................................................................................Z5 6.07 Patent Fees and Royalties.................................................................................................................................. .....zo � 6.08 Permits......................................................................................................................................................................26 � 6.09 Laws and 8eg"b��us--..~---...--^.~.---...---..,--.-...~---^~,.---~~--' 6.10 Taxes.......................................................................................................................................................................Z7 EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright mmeNational Society of Prollmlonax Engineers for EJCDoAN rights reserved. 6.11 Use of Site and Other Areas.....................................................................................................................................27 ' 6.12 Record Documents...................................................................................................................................................27 6.13 Safety and Protection...............................................................................................................................................28 6.14 Safety Representative...............................................................................................................................................28 , 6.15 Hazard Communication Programs...........................................................................................................................28 6.16 Emergencies.............................................................................................................................................................28 6.17 Shop Drawings and Samples....................................................................................................................................29 6.18 Continuing the Work................................................................................................................................................30 6.19 Contractor's General Warranty and Guarantee.......................................................................................................30 6.20 Indemnification........................................................................................................................................................31 6.21 Delegation of Professional Design Services............................................................................................................31 Article7-Other Work at the Site....................................................................................................................................................32 7.01 Related Work at Site................................................................................................................................................32 7.02 Coordination.............................................................................................................................................................32 7.03 Legal Relationships..................................................................................................................................................33 Article8-Owner's Responsibilities................................................................................................................................................33 8.01 Communications to Contractor................................................................................................................................33 8.02 Replacement of Engineer.........................................................................................................................................33 8.03 Fumish Data.............................................................................................................................................................33 8.04 Pay When Due..........................................................................................................................................................33 , 8.05 Lands and Easements;Reports and Tests.................................................:..............................................................33 8.06 Insurance..................................................................................................................................................................33 8.07 Change Orders..........................................................................................................................................................33 8.08 Inspections,Tests,and Approvals...........................................................................................................................33 8.09 Limitations on Owner's Responsibilities.................................................................................................................34 8.10 Undisclosed Hazardous Environmental Condit ion......................................................................................:...........34 8.11 Evidence of Financial Arrangements.......................................................................................................................34 Article 9-Engineer's Status During Construction..........................................................................................................................34 , 9.01 Owner's Representative...........................................................................................................................................34 9.02 Visits to Site............................................................................................--.......-....................................................34 9.03 Project Representative..............................................................................................................................................34 9.04 Authorized Variations in Work................................................................................................................................35 9.05 Rejecting Defective Work........................................................................................................................................35 9.06 Shop Drawings,Change Orders and Payments.......................................................................................................35 9.07 Determinations for Unit Price Work........................................................................................................................35 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work...................................................35 9.09 Limitations on Engineer's Authority and Responsibilities......................................................................................36 Article10-Changes in the Work;Claims.......................................................................................................................................36 , 10.01 Authorized Changes in the Work.............................................................................................................................36 10.02 Unauthorized Changes in the Work.........................................................................................................................36 10.03 Execution of Change Orders....................................................................................................................................37• 10.04 Notification to Surety...............................................................................................................................................37 10.05 Claims.......................................................................................................................................................................37 Article 11 -Cost of the Work;Allowances;Unit Price Work.........................................................................................................38 ' 11.01 CostoftheWork.........:...........................................................................................................................................38 11.02 Allowances...............................................................................................................................................................40 11.03 Unit Price Work.......................................................................................................................................................40 , Article 12-Change of Contract Price;Change of Contract Times.................................................................................................41 12.01 Change of Contract Price.........................................................................................................................................41 12.02 Change of Contract Times.......................................................................................................................................42 , EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition ' Copyright®2002 National Society of Professional Engineers for EJCDC.Ail rights reserved. 00710-4 12.03 Delays.......................................................................................................................................................................42 Article 13-Tests and Inspections;Correction,Removal or Acceptance of Defective Work........................................................43 13.01 Notice of Defect s......................................................................................................................................................43 13.02 Access to Work........................................................................................................................................................43 13.03 Tests and Inspections...............................................................................................................................................43 13.04 Uncovering Work.....................................................................................................................................................43 13.05 Owner May Stop the Work......................................................................................................................................44 13.06 Correction or Removal of Defective Work.............................................................................................................44 13.07 Correction Period.....................................................................................................................................................44 13.08 Acceptance of Defective Work................................................................................................................................45 13.09 Owner May Correct Defective Work.......................................................................................................................45 Article 14-Payments to Contractor and Complet ion......................................................................................................................46 14.01 Schedule of Values...................................................................................................................................................46 14.02 Progress Payments...................................................................................................................................................46 14.03 Contractor's Warranty of Title.................................................................................................................................48 14.04 Substantial Complet ion............................................................................................................................................48 14.05 Partial Utilization.....................................................................................................................................................49 14.06 Final Inspection........................................................................................................................................................49 14.07 Final Payment...........................................................................................................................................................49 14.08 Final Completion Delayed.......................................................................................................................................50 14.09 Waiver of Claims.....................................................................................................................................................51 Article 15-Suspension of Work and Termination..........................................................................................................................51 15.01 Owner May Suspend Work......................................................................................................................................51 15.02 Owner May Terminate for Cause.............................................................................................................................51 15.03 Owner May Terminate For Convenience................................................................................................................52 15.04 Contractor May Stop Work or Terminate................................................................................................................52 ' Article 16-Dispute Resolution........................................................................................................................................................53 16.01 Methods and Procedures..........................................................................................................................................53 Article17-Miscellaneous...............................................................................................................................................................53 17.01 Giving Notice...........................................................................................................................................................53 17.02 Computation of Times..............................................................................................................................................53 1 7.03 Cumulative Remedies..............................................................................................................................................53 ' 17.04 Survival of Obligations............................................................................................................................................54 . . 17.05 Controlling Law.....................................................................................................................................................54 17.06 Headings...................................................................................................................................................................54 �. ' Article l8-Federal Requirements...................................................................................................................................................54 18.01 Agency Not a Party..................................................................................................................................................54 18.02 Contract Approval....................................................................................................................................................54 ' 18.03 Conflict of Interest...................................................................................................................................................54 18.04 Gratuities..................................................................................................................................................................54 18.05 Audit and Access to Records...................................................................................................................................55 18.06 Small,Minority and Women's Businesses..............................................................................................................55 18.07 Anti-Kickback..........................................................................................................................................................55 18.08 Clean Air and Pollution Control Acts...............................................................-.....................................................55 18.09 State Energy Policy..................................................................................................................................................55 ' 18.10 Equal Opportunity Requirements.............................................................................................................................55 18.11 Restrictions on Lobbying.........................................................................................................................................56 18.12 Environmental Requirements...................................................................................................................................56 EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for EICDC.AN rights reserved. 00710-5 GENERAL CONDITIONS ARTICLE 1-DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters,the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof In ' addition to terms specifically defined,terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs,and the titles of other documents or forms. 1. Addenda-Written or graphic instruments issued prior to the opening of Bids which clarify,correct,or change the Bidding Requirements or the proposed Contract Documents. 2. Agency-The Federal or state agency named as such in the Agreement. ' 3. Agreement - The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 4. Application for Payment - The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 5. 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, 6. Bid-The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder-The individual or entity who submits a Bid directly to Owner. 8. Bidding Documents - The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements - The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form,if any,and the Bid Form with any supplements. ' 10. Change Order - A document recommended by Engineer which is signed by Contractor and Owner and Agency and authorizes an addition,deletion,or revision in the Work or an adjustment in the Contract Price or the Contract Times,issued on or after the Effective Date of the Agreement. ' 11. Claim- A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times,or both,or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim 12. Contract - The entire and integrated written agreement between the Owner and Contractor concerning the Work.The Contract supersedes prior negotiations,representations,or agreements,whether written or oral. 13. Contract Documents- Those items so designated in the Agreement.Only printed or hard copies of the items listed in the Agreement are Contract Documents.Approved Shop Drawings,other Contractor's submittals,and 1 the reports and drawings of subsurface and physical conditions are not Contract Documents. EJCDC C-710 Standard General Conditlow of the Construction Contract,Funding Agency Edition Copyright in 2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00710.6 14. Contract Price-The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement(subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 15. Contract Times-The number of days or the dates stated in the Agreement W (i)achieve Milestones,if any, (ii)achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 16. Contractor-The individual or entity with whom Owner has entered into the Agreement. 17. Cost of the Work-See Paragraph 11.01.A for definition. 18. Drawings- That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be perforated by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 19. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective,but if no such date is indicated,it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 20. Engineer-The individual or entity named as such in the Agreement. 21. Field Order- A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22. General Requirements- Sections of Division I of the Specifications.The General Requirements pertain to all sections of the Specifications. 23. Hazardous Environmental Condition - The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste-The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act(42 USC Section 6903)as amended from time to time. 25. Laws and Regulations; Laws or Regulations - Any and all applicable laws, rules, regulations, ordinances, codes,and orders of any and all governmental bodies,agencies,authorities,and courts having jurisdiction. 26. Liens-Charges,security interests,or encumbrances upon Project funds,real property,or personal property. 27. Afilestone-A principal event specified in the Contract Documents relating to an intermediate completion date ' or time prior to Substantial Completion of all the Work. 28. Notice ofAward-The written notice by Owner to the Successful Bidder stating that upon timely compliance ' by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 29. Notice to Proceed- A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 30. Owner- The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 31. PCBs-Polychlorinated biphenyls , EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition , Copyright®2002 National Society of Professional Engineers for EJCDC.All rights reserved 00710.7 i 32. Petroleum - Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse,gasoline,kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 33, Progress Schedule-A schedule,prepared and maintained by Contractor,describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Tithes. 34. Project-The total construction of which the Work to he performed under the Contract Documents may be the whole,or a part. ' 35. Project Manual-The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual,which may be bound in one or more volumes,is contained in the table(s)of contents. 36. Radioactive Material-Source,special nuclear,or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.)as amended from time to time. 37. Related Entity-An officer,director,partner,employee,agent,consultant,or subcontractor. 38. Resident Project Representative-The authorized representative of Engineer who may be assigned to the Site ' or any part thereof. 39. Samples- Physical examples of materials,equipment,or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 40. Schedule of Submittals- A schedule,prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 41. Schedule of Values-A schedule,prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 42. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 43. 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. 44. Specifications - That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 45. Subcontractor - An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 46. Substantial Completion-The time at which the Work(or a specified part thereof)has progressed to the point where,in the opinion of Engineer,the Work(or a specified part thereof)is sufficiently complete,in accordance with the Contract Documents,so that the Work(or a specified part thereof)can be utilized for the purposes for which it is intended.The terms"substantially complete"and"substantially completed"as applied to all or part of the Work refer to Substantial Completion thereof a responsive Bid to whom(honer makes an award. 4 Successful Bidder-The Bidder submitting ' 7. sp EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00710-8 48. Supplementary Conditions-That part of the Contract Documents which amends or supplements these General Conditions. 49. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 50. Underground Facilities- All underground pipelines, conduits, ducts, cables, wires, manholes,vaults, tanks, tunnels,or other such facilities or attachments, and any encasements containing such facilities,including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television,water,wastewater,storm water,other liquids or chemicals,or traffic or other control systems. 51. Unit Price Work-Work to be paid for on the basis of unit prices. 52. Work - The entire construction or the various separately identifiable parts thereof required to be provided ' under the Contract Documents. Work includes and is the result of perforating or providing all labor,services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction,all as required by the Contract Documents. 53. Work Change Directive - A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and Agency upon recommendation of the Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be 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 Tunes. 1.02 Terminology A. The following words or terms are not defined but,when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives , 1. The Contract Documents include the terns"as allowed,""as approved,""as ordered","as directed"or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition,the adjectives "reasonable,""suitable,°"acceptable,""proper,""satisfactory,"or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment,action or determination will be solely to evaluate,in general,the Work for compliance with the 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 tern or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word"day"means a calendar day of 24 hours measured from midnight to the next midnight. EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition , Copyright©2002 National Society of Protessional Engineers for EJCDC.A0 rights reserved. 00710-9 ' D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents,or b. does not meet the requirements of any applicable inspection,reference standard,test,or approval referred to in the Contract Documents,or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish,Install,Perform,Provide I. The word"famish,"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 "famish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor,"provide"is implied. F. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence oflnsurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions,certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall famish to Contractor up to ten printed or hard copies of the Drawings and Project Manual.Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times;Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a 1 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. EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright 0 2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00710-10 2.04 Starling the Work t A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement(unless otherwise specified in the General Requirements),Contractor shall submit to Engineer for timely review: I. a preliminary Progress Schedule; , 2. a preliminary Schedule of Submittals;and 3. a preliminary,Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstrucrion Conference A. Before any Work at the Site is started,a conference attended by Owner,Contractor,Engineer,Agency,and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A,procedures for handling Shop Drawings and other submittals,processing Applications for Payment,and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to , Contractor until acceptable schedules are submitted to Engineer. 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 acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary;what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage EJCDC C-710 Standard General Conditious of the Construction Contract,Funding Agency Edition Copyright®2001 National Society of Professional Engineers for EJCDC.All rights reserved. 00710.11 as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. 1 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 I. Reference to standards,specifications,manuals,or codes of any technical society,organization,or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification,manual,code,or Laws or Regulations in effect at the time of opening of Bids(or on the Effective Date of the Agreement if there were no Bids),except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner,or Engineer,or any of their Related Entities,any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies I. Contractor's Review of Contract Documents Before Staring Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During 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 it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract I Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents);or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Protenional Engineers for EJCDC.AO rights reserved. 00710-12 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized,by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample;(Subject to the provisions of Paragraph 6.17.D.3)or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not 1. have or acquire any title to or ownership rights in any of the Drawings,Specifications,or other documents(or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions;or 2. reuse any of such Drawings, Specifications,other documents,or copies thereof on extensions of the Project or , any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or 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 famished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator,the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred.Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format,the transferring party makes no representations as to long , term compatibility, usability,or readability of documents resulting from the use of software application packages, operating systems,or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00710.13 I 1 of any adjustment in the Contract Price or Contract Times,or both,as a result of any delay in Owner's furnishing the Site or a part thereof,Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request,Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. ' 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: I. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents;and 2. those drawings of physical conditions in or relating to 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 1 aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor,and safety precautions and programs incident thereto;or ' 2. other data, interpretations,opinions, and information contained in such reports or shown or indicated in such drawings;or 3. any Contractor interpretation of or conclusion drawn from any `technical data" or any such other data, interpretations,opinions,or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition 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 subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A),notify Owner and Engineer in writing about such condition.Contractor shall not further disturb EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Professlonal Engineers for EJCDC.All rights reserved. 00710-14 such condition or perform any Work in connection therewith(except as aforesaid)until receipt of written order to ' do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A,Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto,and advise Owner in writing(with a copy to Contractor)of Engineer's findings and conclusions. C. Possible Price and Times Adjustments , 1. The Contract Price or the Contract Times,or both,will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of,or time required for,performance of the Work;subject,however,to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A;and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound , under a negotiated contract or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the , Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment;or , c. Contractor failed to give the written notice as required by Paragraph 4.03.A. , 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, 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 Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility fon a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of professional Engineers for EJCDC.All rights reserved. 00710-15 c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction,and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated I. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent,if any,to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times,or both,to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent,if any,of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work,shall protect and preserve the established reference points and property monuments,and shalt make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations,and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site,if any,that have been utilized by the Engineer in the preparation of the Contract Documents. I 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 1 '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, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto;or 1 other data, interpretations,opinions and information contained in such reports or shown or indicated in such drawings;or EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for EJCDC.All rights reserved 00710.16 3. any Contractor interpretation of or conclusion drawn from any `technical data" or any such other data, interpretations,opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor,Subcontractors,Suppliers,or anyone else for whom Contractor , is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise , isolate such condition;(ii) stop all Work in connection with such condition and in any area affected thereby(except in an emergency as required by Paragraph 6.16.A); and(iii) notify Owner and Engineer(and promptly thereafter confirm such notice in writing).Owner shall promptly consult with Engineer concerning the necessity for Owner to , retain a qualified expert to evaluate such condition or take corrective action,if any. 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 stoppage or such special conditions under which Work is agreed to be resumed by Contractor, , either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it ' is unsafe, or does not agree to resume such Work under such special conditions,then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent,if any,of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work,then either party may make a Claim therefor as provided in Paragraph 10.05.Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,architects,attorneys,and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition,provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible.Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations,Contractor shall indemnify and hold harmless Owner and Engineer,and the officers,directors,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. EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for EJCDC.All rights reserved 00710-17 1 ARTICLE 5—BONDS AND INSURANCE 5.01 Performance,Payment, and Other Bands A. Contractor shall furnish performance and payment bonds,each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07,whichever is later,except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also famish such other bonds as are requited by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies"as published in Circular 570(amended)by the Financial Management Service, Surety Bond Branch,U.S.Department of the Treasury.All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond 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 requirements 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 5.013 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the ' jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificatesoflnsurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary I Conditions,certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured)which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured)which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly Or indirectly employed by any of them to perform any of the Work,or by anyone for whose acts any of them may be liable: 1. claims under workers'compensation,disability benefits,and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees, EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for EJCDC.AN rights reserved. 00710-19 1 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor,or 1 b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property , wherever located,including loss of use resulting therefrom;and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership,maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional , insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the , Supplementary Conditions or required by Laws or Regulations,whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; , 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance famished by the Contractor pursuant to Paragraph 5.03 will so provide); 6, remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, ' removing,or replacing defective Work in accordance with Paragraph 13.07;and 7. with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, , remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any ' such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance 1 A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04,Owner,at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition , Copyright®2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00710-19 1 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain property r insurance upon the Work at the Site in the amount of the full replacement cost thereof(Contractor shall be responsible for any deductible or self-insured retention.).This insurance shall: ' I. include the interests of Owner, Contractor,Subcontractors,and Engineer,and any other individuals or entities identified in the Supplementary Conditions,and the officers,directors,partners,employees,agents,consultants and subcontractors of any of them,each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; ' 2. be written on a Builder's Risk"all-risk"or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work,temporary buildings,falsework,and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage,theft,vandalism and malicious mischief,earthquake,collapse,debris removal,demolition r occasioned by enforcement of Laws and Regulations, water damage (other than caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; r 1 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 Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work,provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; r5. allow for partial utilization of the Work by Owner; 6. include testing and startup;and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner,Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. rB. Contractor shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of ' Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions,and the officers, directors, partners,employees,agents,consultants and subcontractors of each and any of them,each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. rC. All the policies of insurance(and the certificates or other evidence thereof)required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to ' Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be home 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. 1 r EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of professional Engineers for EJCDC.All rights reserved. 00710-20 r 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 Supplementary ' Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees,agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby.All such policies shall contain provisions , to the effect that in the event of payment of any loss or damage the insurers will haven 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 Contractor as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees,agents,consultants and subcontractors of each and any of them for: 1. loss due to business interruption,loss of use,or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner,and 2. loss or damage to the completed Project or part thereof caused by,arising out of,or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05,after Substantial Completion pursuant to Paragraph 14.04,or after final payment pursuant to Paragraph 14.07. , C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss,the insurers will have no rights of recovery against Contractor, Subcontractors,or Engineer,and , the officers,directors,partners,employees,agents,consultants and subcontractors of each and any of them. 5.08 Receipt and Application oflnsurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Contractor and made payable to Contractor as fiduciary for the insureds,as their interests may appear,subject to the requirements of any applicable mortgage clause and of Paragraph 5.083. Contractor shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof. , B. Contractor as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Contractor's exercise of this power.If such objection be made, Contractor as fiduciary shall make settlement with the insurers in accordance with such ' agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Contractor as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest,Contractor as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance;Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or , insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright C 2002 National Society of Professional Engineers for EJCDC.AO rights reserved. 00710-21 non-conformance with the Contract Documents,the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents,such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage.Without prejudice to any other right or remedy,the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage,and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilisation,Acknowledgment gfPropertyInsurer 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. TO ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise,inspect,and direct the Work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods,techniques,sequences,and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work,Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 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 Documents. Contractor shall at all times maintain good discipline 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. EJCDC C•710 Standard General Conditions of the Constriction Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00710-22 B. All materials and equipment incorporated into the Work shall be as specified or,if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner.If required by Engineer,Contractor shall famish 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. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed , adjustments in the Progress Schedule that will not result in changing the Contract Times.Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12.Adjustments in Contract Times may only be made by a Change Order. ' 6.05 Subsiitulesand "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-hems: 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 he required,it may be considered by Engineer as an"or-equal"item,in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements , for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if a. in the exercise of reasonable judgment Engineer determines that: , 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; ' 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service;and t It. Contractor certifies that,if approved and incorporated into the Work: ' I) there will be no increase in cost to the Owner or increase in Contract Times,and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition , Copyright®2002 National Society of professional Engineers for EJCDC.All rights reserved 00710-23 r r2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an`or-equal"item under Paragraph 6.05.A.1,it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to detemtine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor.Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. ' c. The procedure requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use.The application: r 1) shall certify that the proposed substitute item will: a) will perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified,and c) be suited to the same use as that specified; 2) will state: r . a) the extent,if any,to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of r the Contract Documents(or in the provisions of any other direct contract with Owner for other work on the Project)to adapt the design to the proposed substitute item;and c) whether or not incorporation or use of the proposed substitute item in connection with the r - Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified,and b) available engineering,sales,maintenance,repair,and replacement services; 4) and shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item,including costs of redesign and claims of other contractors affected by any resulting change. ' B. Substitute Construction Methods or Procedures: If a specific means,method,technique,sequence,or procedure of construction is expressly required by the Contract Documents,Contractor may fumish or utilize a substitute means, r 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. r ' EJCDC C-710 standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for EJCDC.Ali rights reserved. 00710-24 � I 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 Subcontractor,Supplier,or other individual or entity(including those acceptable to , Owner as indicated in Paragraph 6.063), whether initially or as a replacement, against whom Owner may have reasonable objection.Contractor shall not be required to employ any Subcontractor,Supplier,or other individual or , entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective ' Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation.Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement,and an appropriate Change Order will be issued.No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and emissions of the Subcontractors, ' Suppliers, and other individuals or entities performing or famishing 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 any such Subcontractor,Supplier,or other individual 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. EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition , Copyright C 2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00710-25 ' E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or famishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable temis 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 Documents. ' 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 Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which ' are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations ' A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations,neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of ' engineers,architects,attorneys,and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work.However,it shall not be Contractor's primary responsibility to make certain EJCDC C-710 Standard General Conditions ofthe Construction Contract.Funding Agency Edition Copyright®2002 National society of professional Engineers for EJCDC.All rights reserved. 00710-26 that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve , Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent,if any,of any such adjustment,a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in ' accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equipment,the storage of materials and equipment,and the operations of workers to the Site and other areas permitted by Laws and Regulations,and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment Contractor shall assume ' full responsibility for any damage to any such land.or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work,Contractor , shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations,Contractor shall indemnify and hold harmless Owner ' and Engineer, and the officers, directors,partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages(including but not limited to all fees , and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to any claim or action,legal or equitable,brought by any such owner or occupant against Owner,Engineer,or any other party 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 completion of the Work Contractor shall remove from the Site all tools, , appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that ' will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents ' A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders,Work Change Directives,Field Orders,and written interpretations and clarifications in good order ' and annotated to show changes made during construction. These record documents together with all approved EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition , Copyright®2002 National Society of professional Engineers for EJCDC.All rights reserved. 00710-27 ' Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the Work.Contractor shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage,injury or loss to: ' 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein,whether in storage on or off the Site;and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures,utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. ' B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property,or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them,and shall cooperate with them in the protection,removal,relocation,and replacement of their property. ' C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly,in whole or in part,by Contractor,any Subcontractor,Supplier,or any other individual or entity directly or indirectly employed by any of them to perform any of the Work,or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or,or anyone employed by any of them,or anyone for whose acts any of them may be liable,and not attributable,directly or indirectly,in whole or in part,to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). until s time as all ' a responsibilities for safe and for protection of the Work shall continue u uch a D. Contractor's dunes and res t Po safety p the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.073 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 coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. ' 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage,injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract EJCDC C-710 Standard Gem"]Conditions of the Construction Contract Funding Agency Edition Copyright®2002 National Society of Profmional Engineers for EJCDC.AO rights reserved. 00710-28 Documents have been caused thereby or are required as a result thereof.If Engineer determines that a change in the , Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples ' A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the ' acceptable Schedule of Submittals(as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings ' a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria,materials,and similar data to show Engineer the services,materials,and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. , 2. Samples a. Submit number of Samples specified in the Specifications. ' b. Clearly identify each Sample as to material,Supplier,pertinent data such as catalog numbers,the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the , limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals,any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and , responsibility of Contractor. C. Submittal Procedures , 1. Before submitting each Shop Drawing or Sample,Contractor shall have 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 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop , Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright C 2002 National Society of Profasional Engineers for EJCDC.All rights reserved. 00710.29 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 items covered by the submittals will,after installation or incorporation in the Work,conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a ' functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents)or to safety precautions or programs incident thereto.The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. ' 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures ' 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall ' direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work ' A. Contractor shall carry on the Work and adhere to the Progress Schedule dining 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, Subcontractors, ' 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: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; EJCDC C-710 Standard General Conditions of the ConaWetion Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for EJCDC.All right;reserved. 00710.30 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ' Engineer; 6. any inspection,test,or approval by others;or ' 7. any correction of defective Work by Owner. 6.20 lndemnificafion , A. To the fullest extent permitted by Laws and Regulations,Contractor shall indemnify and hold harmless Owner and ' Engineer,and the officers,directors,partners,employees,agents,consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,architects,attorneys,and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss,or damage is , attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property(other than the Work itself),including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any 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 employee (or the survivor or personal representative of such employee) of , Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other , individual or entity under workers'compensation acts,disability benefit acts,or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer ' and Engineer's officers,directors,partners,employees,agents,consultants and subcontractors arising out of 1. the preparation or approval of,or the failure to prepare or approve,maps,Drawings,opinions,reports,surveys, Change Orders,designs,or Specifications;or ' 2. giving directions or instructions,or failing to give them,if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services , A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's , responsibilities for construction means, methods, techniques, sequences and procedures, Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems,materials or equipment , are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy.Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and sea] shall appear on all drawings, , calculations,specifications,certifications,Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional,if prepared by others, shall bear such professional's written approval when submitted to Engineer. EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition ' Copyright®2002 National Society of professional Engineers for EJCDC.An rights reserved. 00710-31 ' 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 6.2 1,Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design ' concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related Work at Site ' A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor,or have other work performed by utility owners. If such other work is not noted in the Contract Documents,then: ' 1. written notice thereof will be given to Contractor prior to slatting any such other work;and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any ' adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract,each utility owner and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work,and shall properly coordinate the Work with theirs.Contractor shall do all cutting,fitting,and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work.Contractor shall not endanger any work of others by cutting,excavating,or otherwise altering 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 ' A. If Owner intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized;and ' 3. the extent of such authority and responsibilities will be provided. ' EJCDC CM0 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for EJCDC All rights reserved. 00710-32 B. Unless otherwise provided in the Supplementary Conditions,Owner shall have sole authority and responsibility for , such coordination. 7.03 Legal Relationships ' A. Paragraphs 7.0l.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. 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 communications to Contractor , through Engineer. 8.02 Replacement of Engineer , A. In case of termination of the employment of Engineer,Owner shall appoint an engineer to whom Contractor makes no reasonable objection,whose status under the Contract Documents shall be that of the former Engineer. ' 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. ' 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements;Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish , reference points are set forth in Paragraphs 4.01 and 4.05.Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been ' utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insurance 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 13.03.B. , EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition , Copyright®2002 National Society of Professional Engineers for EJCDC.All rights reserved 00710-33 ' 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise,direct,or have control or authority over,nor be responsible for,Contractor's means, ' methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto,or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition ' A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. ' 8.11 Evidence ojFinancial Arrangements A. If and to the extent Owner has agreed to famish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents,Owner's responsibility in respect thereof ' will be as set forth in the Supplementary Conditions. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION ' 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the ' limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site ' A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made ' and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations,Engineer,for the benefit of Owner,will determine,in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward ' providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents.On the basis of such visits and observations,Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. ' B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09.Particularly,but without limitation,during or as a result of Engineer's visits or observations of Contractor's Work Engineer will 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 finnish a Resident Project Representative to assist Engineer in ' providing more extensive observation of the Work.The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and ' authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. ' EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for F.JCDC.All rights reserved. 00710-34 1 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of , the completed Project as a functioning whole as indicated by the Contract Documents.These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or ' Contract Times,or both,and the parties are unable to agree on entitlement to or on the amount or extent,if any,of any such adjustment,a Claim may be made therefor as provided in Paragraph 10.05. 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. 9.06 Shop Drawings, Change Orders and Payments ' A. In connection with Engineer's authority, and limitations thereof,as to Shop Drawings and Samples,see Paragraph 6.17. ' B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services,if any,see Paragraph 6.21. , C. In connection with Engineer's authority as to Change Orders,see Articles 10, 11,and 12. D. In connection with Engineer's authority as to Applications for Payment,see Article 14. ' 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. ' Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding(except as modified by Engineer to reflect changed factual conditions or ' more accurate data)upon Owner and Contractor,subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability ' of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work,and the interpretation of the requirements of , the Contract Documents pertaining to the performance of the Work,will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will,with reasonable promptness,render a written decision on the issue referred. If Owner or Contractor ' 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. ' C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition ' Copyright®2002 National Society of Professional Engineers for EJCDC.Ali rights reserved. 00714-35 D. When functioning as interpreter and judge under this Paragraph 9.08,Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. i9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any ' Subcontractor,any Supplier,any other individual or entity,or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, ' methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto,or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. ' C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,any Supplier,or of any other individual or entity performing any of the Work. ' D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of,and in the case of certificates of inspections,tests,and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident ' Project Representative,if any,and assistants,if any. ARTICLE 10—CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, subject to written approval by ' Agency at any time or from time to time,order additions,deletions,or revisions in the Work by a Change Order,or a Work Change Directive.Upon receipt of any such document,Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents(except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to,or on the amount or extent,if any,of an adjustment in the Contract Price or Contract Times,or both,that should be allowed as a result of a Work Change Directive,a ' Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work ' A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04,except in the case of an emergency as provided in Paragraph 6.16 or ' in the case of uncovering Work as provided in Paragraph 13.04.B. . ' EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2001 National Society of Professional Englaters for E.ICDC.All rights reserved. M710-36 10.03 Execution of Change Orders ' A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: I. changes in the Work which are: (i)ordered by Owner pursuant to Paragraph 10.0l.A,(ii)required because of i acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09,or(iii)agreed to by the parties; , 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered , by Engineer pursuant to Paragraph 10.05;provided that,in lieu of executing any such Change Order,an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations,but during any such appeal,Contractor shall carry on the Work and adhere to , the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety ' A. If 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. 10.05 Claims , A. Engineer's Decision Required: All Claims,except those waived pursuant to Paragraph 14.09,shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws ' and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly(but in no event later than 30 days)after the start of the event giving rise thereto.The responsibility to substantiate a Claim shall rest with the party making the Claim.Notice of the amount or extent of the Claim,with supporting data shall be delivered to the Engineer and the other patty 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 12.0I.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as ' a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal(unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the ' claimant or the last submittal of the opposing party,if any,take one of the following actions in writing: 1. deny the Claim in whole or in part, ' 2. approve the Claim,or 3. notify the parties that the Engineer is unable to resolve the Claim if,in the Engineer's sole discretion,it would ' be inappropriate for the Engineer to do so.For purposes of further resolution of the Claim,such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days,the Claim shall be deemed denied. ' EJCDC C-710 Standard General Conditions of the Construction Contract'Funding Agency Edition , Copyright®2002 National Society of Professional Engineers for EJCDC.A9 rights reserved. 00710-37 E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs I0.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor,unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. ' F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ' ARTICLE 11—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK 11.01 Cost othee Work ' A, Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B,necessarily incurred and paid by Contractor in the proper performance of the Work.When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of ' Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner,such costs shall be in amounts no higher than those prevailing in the locality of the Project,shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.0I.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.Such employees shall include,without limitation, superintendents, foremen,and other personnel employed full time at the Site.Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work.Payroll costs ' shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of perforrung Work outside of regular working hours,on Saturday,Sunday,or legal holidays,shall be included in ' the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work,including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments,in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner,and Contractor shall make provisions so that they may ' be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors.If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall ' deliver such bids to Owner,who will then determine,with the advice of Engineer,which bids,if any,will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants(including but not limited to Engineers,architects,testing laboratories,surveyors, attorneys,and accountants)employed for services specifically related to the Work. 5. Supplemental costs including the following. ' a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, ' appliances,office,and temporary facilities at the Site,and hand tools not owned by the workers,which are ' EJCDC C-710 Standard General Conditions of the Construction Comma*Funding Agency Edition Copyright®2002 National Society of professional Engineers for EJCDC.An rights reserved. 00710-90 consumed in the performance of the Work, and cost, less market value, of such items used but not ' consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery,and the parts thereof whether rented from Contractor , or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, , machinery,or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. ' e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable,and royalty payments and fees for permits and licenses. , f. Losses and damages(and related expenses)caused by damage to the Work,not compensated by insurance or otherwise,sustained by Contractor in connection with the performance of the Work(except losses and ' damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor,any Subcontractor,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and ' approval of Owner.No such losses,damages,and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities,fuel,and sanitary facilities at the Site. , h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressages,and similar petty cash items in connection with the Work. ' i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. ' B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers,executives,principals(of partnerships and sole ' proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants,purchasing and contracting agents,expediters,timekeepers,clerks,and other personnel employed by Contractor,whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule ofjob classifications referred to in Paragraph ' I1.Ol.A.1 or specifically covered by Paragraph 11.OLA.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. ' 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. ' 4. Costs due to the negligence of Contractor,any Subcontractor,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable,including but not limited to,the correction of defective ' Work,disposal of materials or equipment wrongly supplied,and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs I LOLA and 11.O1.B. , EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition ' Copyright C 2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00710-39 1 ' 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 ' I LOLA and 11.013,Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. ' 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances ' 1. Contractor agrees that: a. the cash allowances include the cost to Contractor(less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site,and all applicable taxes;and b. Contractor's costs for unloading and handling on the Site,labor, installation, overhead, profit,and other ' expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances,and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance ' 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. ' D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,initially the Contract ' Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's ' overhead and profit for each separately identified item. ElCf1C C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for EICDC.All rights reserved. 00710-40 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 , if. I. the Bid price of a particular item of Unit Price Work amounts to more than 5 percent of the Contract Price and ' the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement and 2. there is no corresponding adjustment with respect to any other item of Work;and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are ' unable to agree as to the amount of any such increase or decrease. ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1, where the Work involved is covered by unit prices contained in the Contract Documents, by application of ' such unit prices to the quantities of the items involved(subject to the provisions of Paragraph 11.03);or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum(which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2);or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to ' a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee;or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the , Cost of the Work: a. for costs incurred under Paragraphs 11.0I.A.I and 11.0I.A.2,the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0I.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 12.0l.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 11.01.A.I and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.013; EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00710-41 ' 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 12.0l.C.2.a through 12.0LC2.e, inclusive. 12.02 Change ofContraci Times ' A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other 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 P rovisions of this Article 12. s 12.03 Delays ' Y A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay ' beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include,but not be limited to,acts or neglect by Owner,acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7,fires,floods,epidemics,abnormal weather conditions,or acts ' of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7,or anyone for whom Owner is responsible,delays,disrupts,or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times,or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather Y Pe P gre conditions,acts of God,acts or failures to ac[of utility owners not under the control of Owner,or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times,if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times.Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.B. ' 1. delays caused by or within the control of Contractor;or D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, ' losses, or damages(including but not limited to all fees and charges of Engineers,architects,attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. ' E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contactor.Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for EJCDC.Ali rights reserved. 00710-42 ARTICLE 13—TESTS AND INSPECTIONS;CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE ' WORK 13.01 Notice ofDejecis 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. ' 1 3.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing , laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, 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 13.03.1)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 Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work(or part thereof)specifically to be ' inspected,tested,or approved by an employee or other representative of such public body,Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith,and fumish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any ' inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work(or the work of others) that is to be inspected, tested,or approved is covered by Contractor without written concurrence of Engineer,it must,if requested by Engineer,be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable ' promptness in response to such notice. 13.04 Uncovering Work ' A. If any Work is covered contrary to the written request of Engineer,it must,if requested by Engineer,be uncovered for Engineer's observation and replaced at Contractor's expense. EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright©2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00710-43 i B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection,or testing as Engineer may require,that portion of the Work in question,furnishing all necessary labor, material,and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,architects,attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation,inspection,and testing,and of satisfactory replacement or reconstruction(including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If,the uncovered Work is not found to be defective,Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof,Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective,or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however,this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to ' exercise this right for the benefit of Contractor, any Subcontractor,any Supplier,any other individual or entity, or any surety for,or employee Or agent of any of them. 13.06 Correction or Removal gfDefective Work A. Promptly after receipt of notice,Contractor shall correct all defective Work, whether or not fabricated,installed,or completed,or,if the Work has been rejected by Engineer,remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims,costs,losses,and damages(including but not limited to all fees and ' charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). ' B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee,if any,on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion(or such longer period of time as may be prescribed by ' the terms of any applicable special guarantee required by the Contract Documents)or by any specific provision of the Contract Documents,any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 I.A is found to be defective,Contractor shall promptly,without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas;or ' 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 1 EJCDC C-710 Standard General Conditions of the Construction Contract,FmWing Agency Edition Copyright®2002 National Society of Professional Engineers for EJCDC.AO rights reserved 00710-44 4. satisfactorily correct or repair or remove and replace any damage to other Work,to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage,Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims,costs,losses,and damages(including but not limited to all fees and charges of engineers, architects, attorneys,and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others)will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work,the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance oJDejective Work A. If, instead of requiring correction or removal and replacement of defective Work,Owner(and,prior to Engineer's recommendation of final payment,Engineer)prefers to accept it,Owner may do so.Contractor shall pay all claims, costs, losses,and damages(including but not limited to all fees and charges of engineers,architects,attorneys, and other professionals and all court or arbitration or other dispute resolution costs)attributable to Owner's evaluation ' of and determination to accept such defective Work(such costs to be approved by Engineer as to reasonableness) and 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 possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and ' equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00710.45 C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys,and other professionals and all court or arbitration or other dispute resolution costs)incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor,and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work;and Owner shall be entitled to an appropriate decrease in the Contract Price.If the parties are unable to agree as to the amount of the adjustment,Owner may make a Claim therefor as provided in Paragraph 10.05.Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction,removal,or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the ' Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applicationsfor 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 of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment.In the latter case,Contractor may make the necessary corrections and resubmit the Application, 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner,based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the ' accompanying data and schedules,that to the best of Engineer's knowledge,information and belief: a. the Work has progressed to the point indicated; ' EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright 02002 National Society of Professional Engineers for EJCDC.All rights reserved. 00710-46 i b. the quality of the Work is generally in accordance with the Contract Documents(subject to an evaluation ' of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the ' recommendation);and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been , exhaustive,extended to every aspect of the Work in progress,or involved detailed inspections of the Work beyond the responsibilities 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 i recommendation of any payment,including final payment,will impose responsibility on Engineer: a. to supervise,direct,or control the Work,or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto,or , c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work,or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price,or e. to determine that title to any of the Work,materials, or equipment has passed to Owner free and clear of ' any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if,in Engineer's opinion,it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or,because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: , a. the Work is defective,or completed Work has been damaged,requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; ' c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09;or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due ' 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will(subject to the provisions of Paragraph 14.02.D)become due,and when due will be ' paid by Owner to Contractor. EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition , Copyright®2002 National Society of Professi rnal Engineers for EJCDC.AO rights reserved. 00710-47 ID. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; 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. the Contractor's performance or furnishing of the Work is inconsistent with funding Agency requirements; td. there are other items entitling Owner to a set-off against the amount recommended;or e. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer,Owner will give Contractor ' immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty of Title A. Contractor warrants and tees that title to all Work,materials,and equipment covered b any Application for guarantees eq P Y PP ' 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 items specifically listed by Contractor as ' incomplete)and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification,Owner,Agency,Contractor,and Engineer shall make a prefmal 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 I certificate of Substantial Completion(with a revised tentative list of items to be completed or corrected)reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. ' EJCDC C-710 Standard General Conditions or the Construction Contract,Funding Agency Edition Copyright®2002 National society of Professional Engineers for EJCDC.An rights reserved. 90710-48 D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and ' Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees.Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work,Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents,or which Owner,Engineer,and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work,subject to the following conditions. I. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor.agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work- 3. Within a reasonable time after either such request,Owner, Contractor,and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer 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 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete,Engineer will , promptly make a final inspection with Owner, Agency, and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately ' take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment ' 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered,in accordance with the Contract Documents,all maintenance and operating instruct ions,schedules,guarantees,bonds,certificates or other evidence of insurance certificates of inspection, marked up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. ' EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition ' Copyright®2002 National Society of Professional Engineers for EJCDC.Ali rights reserved. 00710.49 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 Iinsurance required by Paragraph 5.04.13.7; 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 famish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls,material and equipment bills,and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied.If any Subcontractor or Supplier fails to furnish such a release or receipt in full,Contractor may famish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review ofApplicalionandAcceptance 1. If,on the basis of Engineer's observation of the Work during construction and final inspection,and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents,Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled,Engineer will,within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise,Engineer will return the Application for Payment to Contractor,indicating in writing the reasons for refusing to recommend final payment,in which case Contractor shall make the necessary corrections and resubmit the Application for ' Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation,including but not limited to liquidated damages,will become due and will be paid by Owner to Contractor. ! 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms,Owner shall, upon receipt of Contractor's final Application for Payment(for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract,make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement,and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the I Application for such payment. Such payment shall be made under the terms and conditions governing final payment,except that it shall not constitute a waiver of Claims. The remaining balance of any sum included in the final Application for Payment but held by OWNER for Work not fully completed and accepted will become due when the Work is fully completed and accepted. EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Prokn(nnal Engineer for EJCDC.All rights reserved 00710-50 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 t Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the temis of any special guarantees specified therein, or from Contractor's continuing , obligations under the Contract Documents;and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work , A. At any time and without cause,Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminarefor Cause A. The occurrence of anyone or more of the following events will justify termination 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 sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph ' 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; ' 3. Contractor's 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: I. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, , construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor(without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere,and 3. complete the Work as Owner may deem expedient. I C. If Owner proceeds as provided in Paragraph 15.02.B,Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages(including but not limited to all fees and charges of engineers,architects,attorneys,and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work,such excess will be paid to Contractor.If such claims,costs,losses,and damages exceed such unpaid balance,Contractor shall pay the difference to Owner. Such claims,costs, losses, and damages incurred by EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition , Copyright®2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00710.51 i- Owner will be reviewed by Engineer as to their reasonableness and,when so approved by Engineer,incorporated in a Change Order.When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.023 and 15.02.C,Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0l.A,the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.131,and 15.02.C. 15.03 Owner May Terminate For Convenience i A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination,including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work,plus fair and reasonable sums for overhead and profit on such expenses; ' 3. all claims,costs,losses,and damages(including but not limited to all fees and charges of engineers,architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors,Suppliers,and others;and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out ' of or resulting from such termination. 15.04 Contractor May Slop Work or Terminate A. If,through no act or fault of Contractor,(i)the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority,or(ii)Engineer fails to act on any Application for Payment within 30 days after it is submitted,or(iii)Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may,upon seven days written notice to Owner and Engineer,and provided Owner or Engineer do not remedy such suspension or failure within that time,terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy,if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any stun finally determined to be due, Contractor may, seven days after written notice to Owner and ' Engineer,stop the Work until payment is made of all such amounts due Contractor,including interest thereon.The provisions of this Paragraph 15.04 are not intended to preclude Contractor from[Waking a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. EJCDC C-710 Standard General Conditloas of the Concoction Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for EJCDC.AO rights reserved. 00710-52 I ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. (honer and Contractor may mutually request mediation of any Claim submitted to Engineer for a decision under t Paragraph 10.05 before such decision becomes final and binding. The mediation Ail] be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of , the Agreement The request for mediation shall be submitted in writing to the American Arbitration Association. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith.The process hall be concluded within 60 days of filing of the request.The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period,Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions,or 2. agrees with the other party to submit the Claim to another dispute resolution process,or 3. gives written notice to the other party of 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: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended,or 2. delivered at or sent by registered or certified mail,postage prepaid,to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first , and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and , remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee,or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, ' obligation,right,and remedy to which they apply. EJCDC C-710 Standard General Conditions ofthe Construction Contract,Funding Agency Edition Copyright®2002 National Society of professional Engineers for EJCDC.All rights reserved. 00710.53 � i i17.04 Survival of Obligations A. All representations,indemnifications,warranties,and guarantees made in,required by,or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment,completion,and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. ARTICLE 18—FEDERAL REQUIREMENTS 18.01 Agency Not a Party A. This Contract is expected to be funded in part with funds provided by Agency. Neither Agency, nor any of its ' departments,entities,or employees is a party to this Contract. 18.02 Contract Approval ' A. Owner and Contractor will furnish Owner's attorney such evidence as required so that Owner's attorney can complete and execute the following"Certificate of Owner's Attorney" (Exhibit GC-A)before Owner submits the executed Contract Documents to Agency for approval. B. Concurrence by Agency in the award of the Contract is required before the Contract is effective. 18.03 Conflict of/nterest A. Contractor may not knowingly contract with a supplier or manufacturer if the individual or entity who prepared the plans and specifications has a corporate or financial affiliation with the supplier or manufacturer. ' B. Owner's officers,employees,or agents shall not engage in the award or administration of this Contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (i) the employee, officer or agent;(ii)any member of their immediate family;(iii)their partner or(iv)an organization that employs,or is about i to employ, any of the above, has a financial interest in Contractor. Owner's officers, employees, or agents shall neither solicit nor accept gratuities,favors or anything of monetary value from Contractor or subcontractors. 18.04 Gratuities A. If Owner finds after a notice and hearing that Contractor,or any of Contractor's agents or representatives,offered or gave gratuities (in the form of entertainment, gifts, or otherwise) to any official, employee,or agent of Owner or Agency in an attempt to secure this Contract or favorable treatment in awarding, amending, or making any determinations related to the performance of this Contract,Owner may,by written notice to Contractor,terminate this Contract.Owner may also pursue other rights and remedies that the law or this Contract provides.However,the ' existence of the facts on which Owner bases such findings shall be an issue and may be reviewed in proceedings under the dispute resolution provisions of this Contract. B. In the event this Contract is terminated as provided in paragraph 18.04.A Owner may P ursue the same remedies against Contractor as it could pursue in the event of a breach of this Contract by Contractor. As a penalty, in addition to any other damages to which it may be entitled by law, Owner may pursue exemplary damages in an EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for EJCDC.AN rights reserved. 00710-54 amount (as determined by Owner)which shall not be less than three nor more than ten times the costs Contractor incurs in providing any such gratuities to any such officer or employee. 18.05 Audit and Access to Records A. For all negotiated contracts and negotiated modifications (except those of$10,000 or less), Owner, Agency, the Comptroller General, or any of their duly authorized representatives, shall have access to any books, documents, ' papers, and records of the Contractor, which are pertinent to the Contract, for the purpose of making audits, examinations, excerpts and transcriptions. Contractor shall maintain all required records for three years after final payment is made and all other pending matters are closed. 18.06 Small, Minority and Women's Businesses i A. if Contractor intends to let any subcontracts for a portion of the work, Contractor shall take affirmative steps to assure that small, minority and women's businesses are used when possible as sources of supplies, equipment, construction,and services. Affirmative steps shall consist of. (1)including qualified small,minority and women's businesses on solicitation lists;(2)assuring that small,minority and women's businesses are solicited whenever they are potential sources;(3)dividing total requirements when economically feasible, into small tasks or quantities to permit maximum participation of small, minority, and women's businesses; (4) establishing delivery schedules, where the requirements of the work permit, which will encourage participation by small, minority and women's businesses; (5)using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce; (6)requiring each party to a subcontract to take the affirmative steps of this section;and(7)Contractor is encouraged to procure goods and services from labor surplus area firms. 18.07 Anti-Kickback , A. Contractor shall comply with the Copeland Anti-Kickback Act(18 USC 874 and 40 USC 276c)as supplemented by Department of Labor regulations(29 CFR Part 3,"Contractors and Subcontractors on Public Buildings or Public Works Financed in Whole or in Part by Loans or Grants of the United States").The Act provides that Contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public facilities, to give up any part of the compensation to which they are otherwise entitled.Owner shall report all suspected or reported violations to Agency. , 18.08 Clean Air and Pollution Control Acts A. If this Contract exceeds 5100,000, Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 USC 1251 et seq.). Contractor will report violations to the Agency and the Regional Office of the EPA. , 18.09 State Energy Policy A. Contractor shall comply with the Energy Policy and Conservation Act (P.L. 94-163). Mandatory standards and policies relating to energy efficiency,contained in any applicable State Energy Conservation Plan,shall be utilized. 18.10 Equal Opportunity Requirements , A. If this Contract exceeds $10,000, Contractor shall comply with Executive Order 11246, "Equal Employment Opportunity," as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract ' Compliance Programs,Equal Employment Opportunity,Department of Labor." B. Contractor's compliance with Executive Order 11246 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative active obligations required by the Standard Federal Equal Employment EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition ' Copyright C 2002 National Society of Professional Engineers for EJCDC.Ali rights reserved. 00710-55 1 ' Opportunity Construction Contract Specifications,as set forth in 41 CFR Part 60-4 and its efforts to meet the goals established for the geographical area where the Contract is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract,and in each trade,and faith effort to to minorities and women even) on each of its projects. The Contractor shall make a good alth a employ y p J transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting Contractor's goals shall be a violation of the Contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. C. Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the Contract resulting from this solicitation.The notification shall list the name,address,and telephone number of the subcontractor; employer identification number; estimated dollar amount of subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the Contract is to be performed. 18.11 Restrictions on Lobbying A. Contractor and each subcontractor shall comply with Restrictions on Lobbying(Public Law 101-121,Section 319) ' as supplemented by applicable Agency regulations.This Law applies to the recipients of contracts and subcontracts that exceed $100,000 at any tier under a Federal loan that exceeds $150,000 or a Federal grant that exceeds $100,000. If applicable,Contractor must complete a certification form on lobbying activities related to a specific Federal loan or grant that is a funding source for this Contract.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant,or any other award covered by 31 USC 1352.Each tier shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Certifications and disclosures are forwarded from tier to tier up to the Owner.Necessary certification and disclosure forms shall be provided by Owner. 18.12 Environmental Requirements ' A. When constructing a project involving trenching and/or other related earth excavations, Contractor shall comply with the following environmental constraints: 1. Wetlands - When disposing of excess, spoil, or other construction materials on public or private property, Contractor shall not fill in or otherwise convert wetlands. 2. Floodplains- When disposing of excess, spoil, or other construction materials on public or private property, Contractor shall not fill in or otherwise convert 100 year floodplain areas delineated on the latest Federal Emergency Management Agency Floodplam Maps,or other appropriate maps,i.e.,alluvial soils on NRCS Soil Survey Maps. 3. Historic Preservation-Any excavation by Contractor that uncovers an historical or archaeological artifact shall be immediately reported to Owner and a representative of Agency. Construction shall be temporarily halted pending the notification process and further directions issued by Agency after consultation with the State Historic Preservation Officer(SHPO). 4. Endangered Species - Contractor shall comply with the Endangered Species Act, which provides for the ' protection of endangered and/or threatened species and critical habitat.Should any evidence of the presence of endangered and/or threatened species or their critical habitat be brought to the attention of Contractor, Contractor will immediately report this evidence to Owner and a representative of Agency.Construction shall be temporarily halted pending the notification process and father directions issued by Agency after consultation with the U.S.Fish and Wildlife Service. I EJC'DC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition Copyright®2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00710-56 EXHIBIT GC-A ' Certificate of Owner's Attomev ' 1, the undersigned, the duly authorized and acting legal representative of ' ,do hereby certify as follows: I have examined the attached Contract(s) and performance and payment bond(s)and the manner of execution thereof,and I am of the opinion that each of the aforesaid agreements is adequate and has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms,conditions,and provisions thereof. , Date: r t EJCDC C-710 Standard General Conditions of the Construction Contract,Funding Agency Edition ' Copyright C 2002 National Society of Professional Engineers for EJCDC.All rights reserved. 00710-57 � 1 1 � 1 1 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS 1 FUNDING AGENCY EDITION � 1 1 1 � 1 1 ' 1 1 1 1 1 1 ' SECTION 00810 ' SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS FUNDING AGENCY EDITION ' These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition) and Standard General Conditions of the Construction Contract Funding Agency Edition(No. C-710, 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 fumish 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-2.02 COPIES OF DOCUMENTS ' Delete the first sentence of Paragraph 2.02.A of the General Conditions and insert the following in its place: ' Owner shall furnish to Contractor a minimum of four printed or hard copies of the Drawings and Project Manual. 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: SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE 1 OF 12 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 11.0l.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. ' SC-2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: , Prior to the first application for payment all schedules and documents identified in paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall , be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of , the Work and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. Add the following after Paragraph 2.07.A.3: , Contractor's Schedule of Equipment will be acceptable to Engineer as to form and substance if it , provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.0l.A.5.c. SC-4.01 AVAILABILITY OF LANDS , Add to Paragraph 4.01.0 of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's easement or , right-of-way, the Contractor shall obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men, ' tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right-of-way without written permission from the property owner and tenant. , SC-4.02- SUBSURFACE AND PHYSICAL CONDITIONS ' Delete the first sentence of 4.02.A and replace with the following: A.Reports and Drawings: The Special Provisions identify: , SECTION 00810 , SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE 2 OF 12 ' SC—4.03-DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in 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 times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not ' followed. ' SC-4.04 -UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. ' 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 694-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities.The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. ' SC -4.06-HAZARDOUS ENVIORNMENTAL CONDITION AT SITE ' Change the first sentence of paragraph A to read as follows: A. Reports and Drawings: Reference is made to the Special Provisions for the identification..... SC-5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of A-, VI, as will protect the Contractor,the vicarious acts of subcontractors,the Owner and the Engineer and their agents and employees from claims for bodily injury, or property damage which may arise from ' operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with ' SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE 3 OF 12 I - - 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 5.04.13: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater , where required by Law or Regulations: 1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General , Conditions. a. State Statutory , b. Applicable Federal (e.g.Longshoreman) 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 $3.000.000.00 b. Products-Completed Operations Aggregate $3.000,000.00 C. Personal and Advertising , d. Each Occurrence , (Bodily Injury and Property Damage) $ 1.000,000.00 , e. Coverage will include: 1. Premises-Operations ' 2. Operations of Independent Contractor 3. Contractual Liability ' 4. Personal Injury 5 Products and Completed Operations SECTION 00810 ' SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE 4 OF 12 ' 1 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. ' 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Iniurv: Each Person $ 500,000.00 Each Accident $ 1,000,000.00 Property Damage: ' Each Accident $1,000,000.00 (or) b. Combined Single Limit $ 1,000,000.00 ' Coverage to Include 1. All Owned ' 2. Hired 3. Non-Owned 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. Deductible not to exceed 1 $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, Engineer and Engineer's ' Consultants, the State, its officers, officials, employees and volunteers as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. ' 6. The Contractual Liability coverage required by Paragraph 5.04.B.4. of the General Conditions shall provide coverage for not less than the following amounts: ' Each Occurrence $ 1,000,000.00 Aggregate $ 3,000,000.00 SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS ' PAGE 5OF12 SC-5.04.13.5 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 5.04.13.5 remains in effect. SC-5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the ' amount of the full replacement cost thereof(subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors, Engineer,Engineer's Consultants,and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; , 2. be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and ' damage to the Work, temporary buildings, false work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and , malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other , than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured , property(including but not limited to the fees and charges of engineers and architects); ' 4. cover materials and equipment in transit for incorporation in the 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; 6. include testing and start-up; and , 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written , SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE 6 OF 12 , ' 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 5.06.A shall comply with the requirements of GC - 5.06.C. The qualifications of the insurance company shall comply with the requirements of SC- 5.02.A. SC-6.02 WORKING HOURS Add the following to Paragraph 6.02.B: Regular working hours are defined as 8:00 AM. to 5:00 P.M. Emergency work may be done without prior permission. ' SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.I 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. SC-6.06: CONCERNING SUBCONTRACTORS, SUPPLIERS,AND OTHERS Add a new section immediately after Section 6.06.G,which are to read as follows: H. Within five(5)days of Owner's request,Contractor shall identify Subcontractors, Suppliers,or other individuals or entities as may be called for in the Special Provisions. ' SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE 7 O 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 I 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). ' SC-11.01 COST OF THE WORK Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in its ' place: 11.0l.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: ' 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. rented for a short duration used for change order 3. For specialized equipment ' work or additional work not part of the scope of work bid, the equipment rental rates will be negotiated prior to the work being performed. ' SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE 9 Of 12 SC-11.03 UNIT PRICE WORK ' Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the following in its place: 1. the quantity of a particular item of Unit Price Work performed by Contractor differs by , more than 25% from the estimated quantity of such item indicated in the Agreement,and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or , more of the Contract Price which is the total sum of all schedules(if any),and SC- 14.02.A APPLICATIONS FOR PAYMENTS , Add the following language at the end of paragraph 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. Retainage may be used by the Owner to offset costs for any of the losses enumerated in , Paragraphs 14.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.La.through 14.02.D.Ld inclusive, or 15.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. , Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor's updated ' progress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to ' require submission of monthly certified payrolls by the Contractor. SC—14.02.0 PAYMENT BECOMES DUE ' Delete Paragraph 14.02.C.1 of the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor's Application for Payment ' with Engineer's recommendation, review and act upon said payment request once each SECTION 00810 ' SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE 10 OF 12 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. 1 SC- 14.02.D.1.c ' Amend the sentence of Paragraph 14.02.D.Lc 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 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 ' SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS ' PAGE I I OF 12 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- 17.01 GIVING NOTICE ' Add the following to Paragraph 17.0l.A: , The mailing address for giving notices to Contractor given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Contractor will be mailed or ' delivered. The mailing address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing , delivered to Engineer and to other party. END OF SECTION , SECTION 00810 , SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS PAGE 12 OF 12 i I II 1 TSEP SUPPLEMENTAL GENERAL 1 CONDITIONS i i 1 1 11 1 II 1 1 ' i 1 1 ' 1 1 it EXHIBIT 8-A ' MONTANA DEPARTMENT OF COMMERCE TREASURE STATE ENDOWMENT PROGRAM SUPPLEMENTAL GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS ' The following Supplemental General Conditions are hereby made a part of this contract and ' shall supplement and/or supersede any articles of these specifications in conflict therewith. Any subsequent and/or addenda issued after these specifications have been prepared shall ' supplement and/or supersede any articles of these specifications. 1. Montana Contractor Registration Requirement ' 2. Gross Receipts Withholding Requirements ' 3. Preconstruction Conference 4. Reports and Information ' 5. Access to Records ' 6. Contract Pricing 7. Montana Prevailing Wage Requirements 8. Montana Resident Employment Preference 9. Contractor Eligibility ' 10. Workers Compensation ' 11. Project Sign I Montana Department of Commerce Project Administration Manual ' Treasure State Endowment Program 8-A1 May 2009 1. MONTANA CONTRACTOR REGISTRATION REQUIREMENT ' Title 39, Chapter 9, Parts 1 and 2, MCA provides that no Contractor may submit a bid ' unless properly registered with the Montana Department of Labor and Industry. (MDOC also recommends adding the following provision: No bids will be considered that do not carry the bidder's Montana Contractor's Registration Number on the bid and on the ' envelope containing the bid.) Information pertaining to this requirement and/or to registration procedures may be ' obtained from the Montana Department of Labor and Industry, Contractor Registration Unit, PO Box 8011, Helena, Montana 59604 or, by calling 444-7734. ' 2. GROSS RECEIPTS WITHHOLDING REQUIREMENTS Pursuant to Section 15-50-206(2)(3), MCA,the Owner*is required to withhold one percent ' of all payments due the Contractor and is required to transmit such moneys to the Montana Department of Revenue. The Contractor is also required to withhold one percent from ' payments to subcontractors. Information pertaining to gross receipts requirements may be obtained from the Montana Department of Revenue,Withholding and Miscellaneous Taxes, PO Box 5835, Helena, MT 59604 or, by calling 444-6900. , 3. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction,a conference ' will be held for the purpose of discussing requirements regarding such matters as project supervision, coordination with local officials, on-site inspections, progress schedules and ' reports, payment of prevailing wage rates and payrolls, payments to contractors, contract change orders, insurance, safety and other items pertinent to the project. The contractor shall arrange to have all supervisory personnel connected with the project on hand to meet ' with representatives of the engineer and owner to discuss any problems anticipated. 4. REPORTS AND INFORMATION , The contractor,at such times and in such forms as the owner may require,must furnish the owner such periodic reports as it may request pertaining to the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. * The term Owner means who owns the facility. For TSEP projects this means the local government. ' Montana Department of Commerce Project Administration Manual Treasure State Endowment Program 8-A.2 May 2009 ' 5. ACCESS TO RECORDS The Owner, the Montana Department of Labor and Industry, the Montana Legislative Auditor, and the Montana Department of Commerce shall be permitted by the contractor to have full access to, and right to examine any pertinent books, documents, papers and ' records of the contractor involving transactions related to this contract,during the period of the project and for three (3) years from the date of final payment or until all findings have been resolved to the satisfaction of the State of Montana. 6. CONTRACT PRICING ' The cost plus a percentage of cost and percentage of construction cost method of contract reimbursement must not be used. ' 7. MONTANA PREVAILING WAGE REQUIREMENTS (Include applicable Montana Department of Labor and Industry Prevailing Wage rates) Unless superseded by federal law,all laborers and mechanics employed in the construction of this project assisted by the Montana Treasure State Endowment Program shall be paid prevailing wage rates in accordance with Sections 18-2-401 through 18-2-432, MCA and all administrative rules adopted pursuant thereto. The contractor must pay,as a minimum,the ' rate of wages including fringe benefits for health and welfare, pension contributions, vacation,training,travel allowance and per diem, applicable to the locality in which the work is being performed, provided in the attached Montana Prevailing Wage Requirements ' published by the Montana Department of Labor and Industry. 8. MONTANA RESIDENT EMPLOYMENT PREFERENCE Unless superseded by federal law, Section 18-2-403, MCA requires contractors to give preference to the employment of bona fide residents of Montana in the performance of work on public works projects. 9. CONTRACTOR ELIGIBILITY The Contractor certifies that the Contractor's firm and the firm's principals are not debarred, suspended, or otherwise ineligible to receive any public works contracts or subcontracts ' pursuant to Section 18-2-432 (2), MCA. 10. WORKERS COMPENSATION The Contractor certifies that workers' compensation insurance will be maintained as required by the Montana Workers' Compensation Act(39-71-101, MCA). The Contractor further certifies that the Contractor will comply at all times with occupational disease and Montana Department of Commerce Project Administration Manual Treasure State Endowment Program 8-A3 May 2009 health and safety laws and regulations to the full extent applicable. ' 11. PROJECT SIGN , The Contractor will build and place a project sign at an appropriate visible location at the project site. The project sign will generally conform to the attached drawing. (Note: the ' TSEP recipient is required to provide the attached drawing specifying the size of the sign and the information to be placed on the sign.) ' Montana Department of Commerce Project Administration Manual , Treasure State Endowment Program 8-A.4 May 2009 PROJECT SIGN ' The Contractor will build and place a project sign at an appropriate visible location at the project site. The project sign will generally conform to the drawing below. ' The standard elements included in project signs for public facilities projects, where there may be one or two major construction sites or buildings involved, are as shown in the example below. Sign shall be a minimum of four(4)feet wide and four (4)feet tall. recovery.mt.gov Jefferson County QUAINTANCE LANE (01-7) ILBRIDGE REPLACEMENT COMMISSIONERS: Tom Lythgoe, Chair ' Ken Weber Dave Kirsch ' CONTRACTOR: TBD, MT ENGINEER: Great West Engineering, Inc., Helena, MT ' FUNDING: Montana Department of Commerce ' Treasure State Endowment Program Grant $ Jefferson County $ ' TOTAL $ ' "Working Together to Build a Better Montana" ' County will supply State Reinvestment Act and American Recovery and Reinvestment Act logos for Contractor to install on sign. Contractor shall provide a 16" x 16" area for each logo in the upper corners of the sign. Montana Department of Commerce Project Administration Manual tTreasure State Endowment Program 8-A.5 May 2009 I 1 SPECIAL PROVISIONS SECTION 00910 SPECIAL PROVISIONS SP-01 INCORPORATION OF THE MPWSS.................................................................................1 SP-02 QUALIFICATIONS OF CONTRACTOR, SUBCONTRACTORS, SUPPLIERS, AND OTHERS ...............................................................................................................................1 SP-03 SUBSURFACE AND PHYSICAL CONDITIONS..............................................................2 SP-04 PREBID EXPLORATION/SITE INFORMATION .............................................................2 SP-05 SPOIL....................................................................................................................................2 SP-06 PRIVATE ACCESS..............................................................................................................2 SP-07 SITE RESTORATION..........................................................................................................2 SP-08 REMOVAL AND REPLACEMENT OF EXISTING FENCES..........................................3 SP-09 CONFLICTS WITH UTILITIES..........................................................................................3 SP-10 DEWATERING....................................................................................................................3 SP-11 TESTING ..............................................................................................................................4 SP-12 CONSTRUCTION STAKING..............................................................................................5 SP-13 PERMITS..............................................................................................................................6 SP-14 REMOVAL OF EXISTING BRIDGE.................. ........ ......................................................6 SP-15 TEMPORARY PROJECT SIGNS........................................................................................6 SP-16 EASEMENTS,CONSTRUCTION LIMITS, STAGING AREAS, AND RIGHT-OF-WAY7 SP-17 UNSCHEDULED EMPLOYMENT OF THE ENGINEER-..............................................7 SP-18 NOXIOUS WEEDS ..............................................................................................................8 SP-19 SEEDING..............................................................................................................................8 SP-20 TRAFFIC CONTROL...........................................................................................................8 SP-21 WORK SEQUENCE.............................................................................................................8 SP-22 REINFORCING STEEL.......................................................................................................9 SP-23 MISCELLANEOUS STEEL.................................................................................................9 SP-24 PAINT...................................................................................................................................9 SP-01 INCORPORATION OF THE MPWSS All provisions of the Montana Public Works Standard Specifications,Fifth Edition,March 2003 and 2006 Addendum,hereafter collectively referred to as the MPWSS, apply to the project,except where portions of the MPWSS are modified or replaced by the Contract Documents.Each Section of the MPWSS that has been modified is listed in the Table of Contents of Section 00950 Standard Modifications to MPWSS.The entire Section from the MPWS has not been rewritten for these modifications. Instead,modifications are indicted for a specific subsection, paragraph, sentence or drawing. Where a Standard Modification to MPWSS does not exist for a particular Section of MPWSS it shall be assumed the work is to be completed in accordance with the appropriate MPWSS Section.When a Standard Modification to MPWSS does exist the requirements of that modification supersede the related MPWSS requirement. Where paragraphs are specifically deleted or modified, or new paragraphs added, all other parts of the MPWSS will remain in effect unless otherwise modified by the Project Manual in accordance with the order of governance as specified in"Summary of Work". Forms included in the Project Manual will be used in lieu of similarly titled forms in the MPWSS. Where Technical Specifications follow the Modifications in later Divisions of the Project Manual,those Specifications replace same numbered specifications in the MPWSS. Delete Part 4: MEASUREMENT AND PAYMENT in all sections of the MPWSS. Payment for an item will only be made if that item is listed as a Bid Item in Section 00300: Bid Form.If an item is listed as a Bid Item, administrative and procedural requirements will be listed in Section 01275: Measurement and Payment. If an item is not listed as a Bid Item,the item is not required or is considered an incidental cost to other Bid Items. SP-02 QUALIFICATIONS OF CONTRACTOR,SUBCONTRACTORS, SUPPLIERS,AND OTHERS Provide qualifications for the Contractor and all Subcontractors, Suppliers, or other persons or organizations identified in Technical Specifications per the guidelines in the respective specification sections. Per Article 3.1 of the Instructions to Bidders, within five(5) days of the Owner's or Engineer's request, submit the evidence of qualifications listed in the referenced article as well as the following additional information. • A list of at least five(5)bridge projects successfully completed within the last ten(10)years by the Bidder similar in size and scope to the Work, including references for each project; • The proposed Superintendent's name and resume; and • The general availability of the Bidder to complete the Work within a reasonable time£rame. In accordance with Article 6.06 of the General Conditions and Supplementary Conditions to the General Conditions, provide a list of all Subcontractors, Suppliers, or other persons or organizations providing Work or items of equipment exceeding$5,000 within five (5) days of the Owner's or Engineer's request. For each Subcontractor, Supplier, or other person or organization, include on the list the primary contact and phone number, approximate anticipated monetary value of Work,and a list of similar bridge projects over the past ten(10) years. SECTION 00910 SPECIAL PROVISIONS PAGE I OF 9 SP-03 SUBSURFACE AND PHYSICAL CONDITIONS In the preparation of Drawings and Specifications,the Engineer or Engineer's Consultants relied upon the following reports of exploration and tests of subsurface conditions at the Site: 1. Geotechnical Evaluation, Quaintance Lane Bridge Replacement, prepared by SK Geotechnical. Located in Appendix A of this Project Manual These reports and drawings are not part of the Contract Documents,but the"technical data" contained therein upon which the Contractor may rely as identified and the above are incorporated therein by reference. Contractor is not entitled to rely upon other information and data utilized by Engineer and Engineer's Consultants in the preparation of Drawings and Specifications. SP-04 PREBID EXPLORATION/SITE INFORMATION All Bidders are strongly encouraged to visit the site of the work and conduct all field investigations at their disposal to become acquainted with the nature of the work. Obtain written authorization from the Owner utilities, and others who may be directly affected prior to entering the property, conducting field tests drilling,borin g,excavating, or test pumping. SP-05 SPOIL Unless otherwise indicated on the Drawings or elsewhere in these specifications,place spoil in the confines of the existing easements or right-of-ways. In areas where confines limit the placement of spoil, the Contractor may have to haul the spoil out of the area until he is ready to backfill. The locations of spoil placement will be discussed at the preconstruction conference and will be subject to approval by the Engineer. The Contractor will be responsible for the disposal of all excess spoil. No additional payment will be allowed the Contractor for this work. Refer to Section 01275: Measurement and Payment for more information. SP-06 PRIVATE ACCESS At all times during construction, afford property owners access to their property to the highest degree possible. Ensure that businesses will have at least one approach open at all times, if possible, and open closed-off approaches as quickly as possible. SP-07 SITE RESTORATION Site Restoration is an important aspect of this project. Site Restoration is replacement or reconstruction of site improvements to rights-of-way, easements,public property, and private property that are affected or altered by construction operations, with improvements restored to condition which is equal to,or better than,that which existed prior to construction operations. Site Restoration items include but are not limited to: gravel restoration, stream bank restoration, seeding, and slope stabilization. Culverts, fences,signs, decorative rocks, mail boxes,posts,propane tanks, satellite dishes, barricades,etc. may be encountered during construction that may hinder the Contractor's operations. Whether on private or public property,remove and replace these objects as necessary to conduct construction operations. At a minimum,replace objects removed in as good a condition as previously existed and to the satisfaction of the Engineer. SECTION 00910 SPECIAL PROVISIONS PAGE 2 OF 9 All costs incurred to restore the site are incidental to other items of the contract and no separate payment shall be made. The manner in which this restoration is done by the Contractor will be a determining factor in the approval of partial payment requests. If site restoration(including fencing and refuse Cleanup) is not completed, the Contractor's partial payment request may be denied or additional retainage maybe withheld. SP-08 REMOVAL AND REPLACEMENT OF EXISTING FENCES It is the responsibility of the Contractor to coordinate with Owner,prior to removing existing fences,to determine procedures, length of time fence may be removed, and requirements for temporary fencing until permanent fencing is complete. All fence removed must be replaced as shown on the plans. All fence removed must be reassembled prior to the end of the work day. A secure fence will be required at the end of each work day. The trench under the fencing section must be backfilled at least 20'either side of the fence at the end of each work day. SP-09 CONFLICTS WITH UTILITIES As shown on the plans, underground utilities will be in conflict with certain areas of the project.Whether on private or public property,Contractor shall relocate, remove,replace, cross,work around, support, or other as necessary to conduct construction operations and properly construct the project. Utilities and other appurtenances may include but are not limited to the following; culverts,propane lines,TV cables, telephone lines and pedestals, electrical boxes and lines, gas mains, street lights,telephone and power poles, water mains and services, sewer mains and services and storm drain pipe and inlets. Utility locations are based on the best available information which has been provided to or discovered by the Engineer. There is no guarantee as to the accuracy and completeness thereof is expressly disclaimed. The Contractor shall coordinate his work with all utility companies or private entities that may be affected by the project. The Contractor will pay for any charges associated to relocate, remove, replace,cross, work around, support, or other as necessary to conduct construction operations and properly construct the project. The Contractor shall be solely responsible for any damage to these utilities due to his operations. The Contractor shall work closely with the utilities to ensure their criteria are met and no problems result. No separate payment will be made for this work and the Contractor shall figure the cost of such work into other applicable bid items. The Contractor shall also check with the Utilities Underground Location Center(1-800-424-5555) at least 48 hours in advance so that all utilities are located prior to digging. As noted on the plans,there is conflict with the underground telephone and relocations will need to be conducted throughout the project. The contractor shall coordinate relocations with Qwest. The contractor shall give Qwest a minimum 2 weeks prior notice for telephone utility relocates. The Qwest contact is Brent Bushnell,406-441-7649,P.O. Box 1716, 1021 Chesnut,Helena,Montana, 59624. SP-10 DEWATERING Groundwater was encountered at a depth of 6 feet during the geoteclu ical field exploration. The groundwater depth is expected to vary throughout the year based on a number of factors. Dewatering may be necessary during construction. The Contractor will be responsible for any dewatering operations which may be necessary to adequately remove water such that construction activities can be completed as specified. The Contractor will be responsible for conveyance and disposal of water to surface watercourses. Make all necessary SECTION 00910 SPECIAL PROVISIONS PAGE 3 OF 9 The Contractor will be responsible for any dewatering operations which may be necessary to adequately remove water such that construction activities can be completed as specified. The Contractor will be responsible for conveyance and disposal of water to surface watercourses. Make all necessary arrangements for infringements across private property and obtain and adhere to any necessary discharge permits from the Montana DEQ. The Contractor shall meet the recommendations included in the Geotechnical Evaluation (Appendix A). The Geotechnical Evaluation includes specific recommendations relating to dewatering for installation of the Quaintance Lane Bridge. SP-11 TESTING Complete testing of all components of the project will be required to the satisfaction of the Owner and the Engineer. Remedy all defects and performance problems revealed by the testing to the satisfaction of the Engineer by the Contractor at no additional expense to the Owner. Should the materials fail to meet the test specified,the Contractor will pay the costs of all retests conducted by the Engineer, or the Contractor may elect to have an approved testing laboratory conduct retests at the Contractor's expense. The Contractor will be responsible for conducting and paying for the following tests: 1. On-site moisture and density testing of embankments and backfill material for road construction and backfilling around culvert. 2. Laboratory analysis of concrete aggregate. 3. Slump and Air Entrainment tests for concrete. 4. Taking and breaking of concrete test cylinders. 5. Mix designs for all cast-in-place and precast concrete. 6. Proctors for structural fill and any materials used for backfill. 7. Re-testing of failed tests that were conducted by the Engineer. 8. Other tests as outlined in the Technical Specifications. All tests which are the responsibility of the Contractor must be conducted by an approved, certified testing laboratory or individual. Acceptance or rejection of materials will generally be determined from tests made in-place in the field. SECTION 00910 SPECIAL PROVISIONS PAGE 4 OF 9 The following is frequency testing table for soils and concrete: Quality Control Frequency Table SECTION ITEM DESCRIPTION TEST OR SUBMITTAL 7 FREQUENCY GENERAL Varies All Materials Sieve Analysis Every New Material Varies All Materials Atterberg Limits Every New Material Varies All Materials Lab. Max Density Every New Material 02300 Select Fill/Structural Fill Field Density/Moisture Content 1 test/ 1,000 SF/lift GENERAL-ROADWAY Varies All Materials Sieve Analysis Every New Material Varies All Materials Atterberg Limits Every New Material Varies All Materials Lab. Max Density Every New Material 02230 Borrow/Embankment Fill Field Density/Moisture Content 1 test/5,000 SF/lift 02230 Original Ground/Native Subgrade Field Density/Moisture Content 1 test/5,000 SF/lift STRUCTURES Varies All Materials Sieve Analysis Every New Material Varies All Materials Atterberg Limits Every New Material Varies All Materials Lab. Max Density Every New Material 03310 Structural Concrete Mill Certificates With Every Mix Design SP-12 CONSTRUCTION STAKING The Engineer will provide horizontal control to establish centerline structure/centerline bearing for the project. Vertical control will be provided by benchmarks throughout the project site. All offset staking is the Contractors responsibility. The Contractor shall protect all control points during the course of their work and replace any points damaged or removed by their activities. All survey monuments and stakes provided by the Contractor shall be subject to inspection and verification by the Engineer.The Contractor shall provide all additional staking necessary for vertical and horizontal control such that the project may be completed in accordance with the plans and specifications. The Engineer shall provide the following staking consisting of stakes or hubs. • Vertical Control -Vertical control will be provided by benchmarks throughout the project site. • Roadway—Horizontal control will consist of a minimum of each PC and PT along the centerline of the new road. Intennediate staking on centerline will be placed a minimum of every 50 feet. • Culvert&Footings -Centerline structure/centerline bearing SECTION 00910 SPECIAL PROVISIONS PAGE 5 OF 9 SP-13 PERMITS The Owner and Engineer will obtain the following permits at no expense to the Contractor. The Contractor will be required to carry out all provisions of these permits as part of this contract. I. Montana Department of Fish Wildlife and Parks—Montana Stream Protection Act (SPAI24 Permit). This permit requires the Contractor to minimize the impact on fish, wildlife and riparian areas through proper construction practices and erosion control measures. The Contractor shall adhere to all requirements set forth in the permits obtained by the Owner. 2. U.S. Army Corps of Engineers—Federal Clean Water Act (404 Permit). 3. Local Floodplain Development Permit—Jefferson County Floodplain Administrator The Contractor is responsible for obtaining all necessary permits, licenses, agreements, insurance,and approvals required by any government authority or agency for the performance of this work at his own expense. Owner will allow Contractor access,as appropriate and necessary, for obtaining data in regard to permits and, at its own discretion, may assist Contractor,when necessary, in obtaining such permits. This project is expected to disturb less than 1.0 acre total of previously undisturbed ground. Therefore, the project will not require a construction stormwater discharge permit from the State of Montana. The Contractor will be required to install silt fence along the creek below any disturbed areas. The State does not allow sediment from construction to enter state waters. The Contractor will prepare and implement a stormwater control plan in accordance with State requirements to prevent sediment from entering the Boulder River overflow ditch and minimize erosion on the construction sites. This plan will be submitted to the Engineer for approval prior to beginning construction. The plan will utilize straw bales, straw wattles,and/or other methods to control site runoff. For each day that stormwater leaves the project site without erosion control in place, the Owner will assess liquidated damages of$500 per day. The Contractor will be responsible for any potential damages or penalties assessed by the State of Montana due to any permit violations by the Contractor. No additional payment will be made for this item. The cost for this work is incidental to the contract. SP-14 REMOVAL OF EXISTING BRIDGE The existing bridge, including the superstructure,decking, guard rails, abutments,etc. will become the property of the Contractor upon removal. Contractor shall remove and dispose of existing bridge components per all State,Federal,and Local regulations. If piles are present in the foundation, Contractor shall completely remove or out piling 2 feet below channel grade. SP-15 TEMPORARY PROJECT SIGNS Construct and install a project sign in accordance with Exhibit 8A. The sign must acknowledge the Owner, the Engineer, and the Treasure State Endowment Program(TSEP). Submit a proposed sign design in accordance with the referenced conditions, and the Engineer will fill in the applicable dollar amounts on the submittal and make any other comments or corrections at that time. No separate payment will be made for this work. The cost of furnishing and installing the signs will be included in the mobilization Bid Item for the base bid. SECTION 00910 SPECIAL PROVISIONS PAGE 6 OF 9 SP-16 EASEMENTS CONSTRUCTION LIMITS STAGING AREAS,AND RIGHT-OF-WAY Conduct construction operations within the easement, construction limits, and right-of-way limits. Obtain written permission from the adjoining private landowner prior to conducting any operations off the allowed easement. Take care to protect, preserve and/or replace objects and structures encountered within the confines of the easements and restore all disturbed areas restored to the original condition unless otherwise dictated in these specifications. The Contractor shall stage on the road approaches and within the county road easement. Take care to protect, preserve and/or replace objects and structures encountered within the confines of the staging areas and restore all disturbed areas as close as possible to original condition as possible unless otherwise dictated in these specifications. Storage of construction materials, equipment, and other items pertinent to the construction of the project will be allowed in the staging areas. However,bulk storage of petroleum based products stored in tanks will not be allowed. At all times, spill kits must be available on-site for any accidental spills of petroleum. No payment will be allowed to the Contractor for any work, including restoration, with regards to the staging areas. SP-17 UNSCHEDULED EMPLOYMENT OF THE ENGINEER Damages for the unscheduled employment of the Engineer and/or Inspector will be assessed against the Contractor necessitated by: (1)the Contractor working beyond the specified contract time; (2)the Contractor working more than 8 hours per day, (or 40 hours per week if four ten hour shifts are run)or on Saturdays, Sundays, and Federal Holidays; (3)the Contractor utilizing material, supplies, or equipment that requires the redesign of the project; (4)the Contractor destroying or disturbing baselines benchmarks or reference stakes; (5) the failure of the Contractor to maintain acceptable as-built records, and(6) review of submittals that were returned to the Contractor requiring revision or resubmittal. Damages for the unscheduled employment of the Engineer and/or Inspector will be determined based on the following hourly rates: Straight Time Project Manager $130.00/Hour Project Engineer $88.00/Hour Resident Project Representative (RPR) $88.00/Hour RPR Overtime Rate $132.00/Hour Clerical $47.00/Hour Mileage $ 0.65/Mile Survey Crew $160.00/Hour CPS Rental $400.00/Day Nuclear Densometer $75.00/Day The rates listed herein are subject to changes on January I"of each year. SECTION 00910 SPECIAL PROVISIONS PAGE 7 OF 9 Out of pocket expenses for materials, equipment, supplies,transportation,and subsistence will be billed at cost plus ten percent. Damages for unscheduled employment of the Engineer and/or Inspector will be deducted from monthly progress payments and the final payment as the damages are incurred. Damages for unscheduled employment of the Engineer are independent from liquidated damages for delay as described in the agreement. SP-18 NOXIOUS WEEDS Comply with the County Noxious Weed Management Act,Title 7, Chapter 22,Part 21 and all county and contract noxious weed control requirements. Determine the specific noxious weed control requirements of each county where the project is located before submitting a bid. Equipment and vehicles will be washed prior to entering the project site to remove vegetation to avoid the spread of weeds. All costs incurred to meet noxious weed control requirements are incidental to other items of the contract. SP-19 SEEDING Contractor shall seed all disturbed areas after construction. Utilize seed mix native to the project area at a rate of 30 pounds per acre. Submit seed mix to engineer for approval prior to application. No separate payment will be made for this work. The cost of furnishing and placing seed will be included in the mobilization bid item. SP-20 TRAFFIC CONTROL Adhere to all traffic control requirements as set forth in the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), latest edition, published by the U.S. Department of Transportation, Federal Highway Administration. Quaintance Lane will be closed to traffic at all times for the duration of the project. A temporary detour will route traffic around the project site. The County will be responsible for all signing for the detour route. The Contractor will be required to install and maintain barricades approximately 50 feet from the proposed culvert ends in order to warn local motorists of heavy equipment, construction,and road closure. The Contractor is responsible to provide the necessary signing and barricading of their work area for the duration of their activities at the bridge site. SP-21 WORK SEQUENCE Because this project involves the installation of a bridge on a public roadway, it is important that the work progresses quickly and sequentially. The Contractor shall submit a Construction Schedule for approval immediately after execution of the Agreement that shows the proposed dates of starting and completing each regular activity of the various sections of work. All work on the Quaintance Lane Bridge shall be substantially complete 60 calendar days after the effective date noted on the Notice to Proceed or April 1",2010, whichever comes first. The County and Engineer understand the project will be driven by the culvert supplier's schedule and will make accommodations to insure a quick Notice of Award and a quick review of the shop drawings to allow for a timely structure delivery date. At the County's discretion the accrual of the contract time may be halted should the Contractor reach a point where no additional work can be completed prior to the delivery of the structure. A stoppage of contract time shall be granted only if the Contractor has made every effort to ensure a timely delivery of the structure. SECTION 00910 SPECIAL PROVISIONS PAGE 8 OF 9 The Contractor shall give the County at least three weeks advanced written notice prior to the star of bridge construction and submit a Construction Schedule for approval by the Preconstruction Meeting or within 5 days after execution of the Agreement that shows the proposed dates of starting and completing each regular activity of the various sections of work. It is the responsibility of the Contractor to schedule delivery of materials, equipment and all necessary supplies to the sites,to ensure that the bridge can be substantially completed within the specified contract time. SP-22 REINFORCING STEEL Reinforcing steel shall conform to the requirements of Section 555 of the MDT Standard Specifications. Reinforcement shall be ASTM A615 Grade 60, fy= 60,000 psi. All reinforcement shall be furnished in the full lengths indicated on the plans. Splicing of bars, except where shown on the plans, will not be permitted without written approval. A detailed shop drawing and bar list shall be submitted to the Engineer for approval. Prior to making any concrete pour,the Contractor shall notify the Engineer(a minimum of 48 hours in advance) so that the reinforcing steel can be inspected in place. No concrete shall be poured until the reinforcing steel has been inspected. Failure to comply with this shall be cause for rejection of the pour. SP-23 MISCELLANEOUS STEEL Supply miscellaneous structural steel to be used for base and bearing plates, intermediate bracing,anchor bolts, guard angles, guard rails, and incidental steel necessary for the work meeting the requirements for Structural Carbon Steel,AASHTO M-183 (ASTM A-36). Supply anchor bolts and nuts conforming to the requirements of ASTM A-307 Grade A with hexagonal heads and nuts. All anchor bolts shall have two nuts. Cover all exposed plates, angles, and nuts with a coat of cold galvanizing or approved equal. Unless otherwise specified, welding shall conform to the requirements of the current edition of the AASHTO specifications,American Welding Society specifications, and the plans. Welding electrodes shall conform to the requirements for mild steel, ASTM A-233, AWS A 5.1. Fabrication of metal units for connection of precast units shall conform to the requirements of AWS D 12.1. SP-24 PAINT All exposed metal surfaces shall be painted or galvanized in accordance with Section 612 of the MDT Standard Specifications. This shall include the intermediate diaphragms, connecting plates, fasteners, guard angles, rails, and all other metal surfaces that are exposed, except those that are galvanized. END OF SECTION SECTION 00910 SPECIAL PROVISIONS PAGE 9 OF 9 i 1 1 1 i STANDARD MODIFICATIONS TO 1 MPWSS � 1 1 � i 1 1 1 1 ' 1 1 1 i 1 I ' SECTION 00950 STANDARD MODIFICATIONS to MPWSS SM-00001 GENERAL............................................................................................................................ 1 SM-01010 SUMMARY OF WORK....................................................................................................... 1 SM-01041 PROJECT COORDINATION..............................................................................................2 SM-01050 FIELD ENGINEERING.......................................................................................................2 SM-01300 SUBMITTALS.....................................................................................................................2 SM-01400 CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE........2 ' SM-01500 CONSTRUCTION AND TEMPORARY FACILITIES......................................................2 SM-01570 CONSTRUCTION TRAFFIC CONTROL...........................................................................3 SM-01700 CONTRACT CLOSEOUT...................................................................................................4 SM-02110 GEOTEXTILES....................................................................................................................4 SM-02112 REMOVAL OF EXISTING PAVEMENT,CONCRETE CURB, SIDEWALK, ' DRIVEWAY,AND/OR STRUCTURES.............................................................................6 SM-02113 ADJUSTING EXISTING MANHOLES,LAMPHOLES,INLETS,WATER VALVE BOXES,WATER SERVICES,AND FIRE HYDRANTS TO GRADE.............................6 ' SM-02114 RELOCATING OR REMOVING UTILITY POLES, STREET SIGNS,AND MAILBOXES.......................................................................................................................6 ' SM-02221 TRENCH EXCAVATION AND BACKFILL FOR PIPELINES&APPURTENANT STRUCTURES.....................................................................................................................6 SM-02230 STREET EXCAVATION,BACKFILL,AND COMPACTION....................................... 13 ' SM-02234 SUB BASE COURSE......................................................................................................... 13 SM-02235 CRUSHED BASE COURSE.............................................................................................. 13 ' SM-02502 ASPHALT PRIME AND/OR TACK COAT..................................................................... 14 SM-02504 ASPHALT SEAL COAT.................................................................................................... 14 SM-02510 ASPHALT CONCRETE PAVEMENT..............................................................................15 ' SM-02528 CONCRETE CURB AND GUTTER................................................................................. 17 SM-02529 CONCRETE SIDEWALKS,DRIVEWAYS,APPROACHES,CURB TURN FILLETS, ' VALLEY GUTTERS,AND MISCELLANEOUS NEW CONCRETE CONSTRUCTION18 SM-03210 REINFORCING STEEL.....................................................................................................20 SM-03310 STRUCTURAL CONCRETE............................................................................................20 I 1 ' SM-00001 GENERAL These Standard Modifications apply changes,deletions,and additions to the Montana Public Works Standard Specifications Fifth Edition,March 2003 and 2006 Addendum,referred to collectively as the ' MPWSS. Each Section of the MPWSS that has been modified is listed in the Table of Contents of Section 00950 Standard Modifications to MPWSS. The entire Section from the MPWS has not been rewritten for these modifications. Instead,modifications are indicated for a specific subsection, ' paragraph,sentence or drawing. Where a Standard Modification to MPWSS does not exist for a particular Section of MPWSS it shall be ' assumed the work is to be completed in accordance with the appropriate MPWSS Section. When a Standard Modification to MPWSS does exist the requirements of that modification supersede the related MPWSS requirement. Where paragraphs are specifically deleted or modified,or new paragraphs added, all other parts of the MPWSS will remain in effect unless otherwise modified by the Project Manual in ' accordance with the order of governance as specified in"Summary of Work". Forms included in the Project Manual will be used in lieu of similarly titled forms in the MPWSS. Where ' Technical Specifications follow these Modifications in later Divisions of the Project Manual,those Specifications replace same numbered specifications in the MPWSS. Delete Part 4: MEASUREMENT AND PAYMENT in all sections of the MPWSS. Payment for an ' item will only be made if that item is listed as a Bid Item in Section 00300: Bid Form. If an item is listed as a Bid Item,administrative and procedural requirements will be listed in Section 01275: Measurement and Payment. If an item is not listed as a Bid Item, the item is not required or is considered an incidental ' cost to other Bid Items. SM-01010 SUMMARY OF WORK Delete Section 01010.1.2.1)and replace with the following: D. The various portions of the Contract documents, of which these specifications are a part, are essential parts of the Agreement,and a requirement occurring in one is as binding as though occurring in all. All portions are intended to be complementary and to describe ' and provide for complete work as referenced in Article 3,General Conditions. Unless specifically noted otherwise,in the case of discrepancy,the following precedence will govern. ' 1. Permits from Town/City/County Departments and other agencies as may be required by law,which will govern over; 2. Change Orders,which will govern over; ' 3. Executed Agreement,which will govern over; 4. Addenda,which will govern over; 5. Special Provisions,which will govern over; ' 6. Divisions 1 through Division 16 Technical Specifications,which will govern over; 7. Funding Agency Special Provisions for Montana Public Facility Projects,which will govern over; 8. Standard Modifications to the Montana Public Works Standard Specifications, which will govern over, SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 1 OF 20 9. Supplementary Conditions to the General Conditions,which will govern over; 10. General Conditions,which will govern over; ' 11. Drawings,which will govern over 12. Contractor's Bid,which will govern over; 13. Montana Public Works Standard Specifications 2006 Addendum,which will , govern over, 14. Montana Public Works Standard Specifications,Fifth Edition,March 2003, which will govern over; 15. Montana Department of Transportation Standard Specifications for Road and Bridge Construction,which will govern over; 16. Reference Specifications,which will govern over; With reference to Drawings,the order of precedence is as follows: I 1. Addenda/Change Order Drawings govern over any other Drawings. 2. Figures govern over scaled dimensions. 3. Contract Detail Drawings govern over Contract General Drawings. 4. Contract Drawings govern over Standard Drawings. SM-01041 PROJECT COORDINATION Delete Section 01041 in its entirety and replace with Section 0 104 1: PROJECT COORDINATION contained in the Project Manual. SM-01050 FIELD ENGINEERING ' Delete Section 01050 in its entirety. SM-01300 SUBMITTALS Delete Section 01300 in its entirety and replace with Section 01300: SUBMITTALS contained in the ' Project Manual, SM-01400 CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE ' Delete Section 01400 in its entirety and replace with Section 01400: CONTRACTOR QUALITY ' CONTROL AND OWNER QUALITY ASSURANCE contained in the Project Manual. SM-01500 CONSTRUCTION AND TEMPORARY FACILITIES ' Delete Section 01500 in its entirety and replace with Section 01500:CONSTRUCTION AND , TEMPORARY FACILITIES contained in the Project Manual. SECTION 00950 , STANDARD MODIFICATIONS to MPWSS PAGE 2 OF 20 SM-01570 CONSTRUCTION TRAFFIC CONTROL Delete Sections 01570.1.3.13 and C and replace with the following: B. Prepare traffic control Drawings and submit to the Engineer for approval at least 14 days ' prior to the beginning of construction or change in a zone of work. Do not commence work until said plan is approved. C. Cooperate with the Engineer and the Owner to adjust traffic control Drawings as required to fit specific field conditions. Modifications to construction timing based upon field adjustments to the traffic control plan will not constitute a claim for additional a ent P Ym ' to the Contractor. D. The Engineer will forward traffic control Drawings and subsequent changes to the Drawings to the Montana Department of Transportation(MDT)for any work performed within MDT right-of-way. The Contractor is responsible for making all modifications to traffic control Drawings required by MDT based upon their review. No time extension will be given for delays caused by failure to gain approval of plan by MDT. E. Notify all impacted parties(including but not limited to landowners,businesses,and residents adjacent to the work,local utilities,City and County personnel,emergency ' services,school district transportation directors,and the postal service)regarding the type and duration of the construction. F. For project sites involving a through street,provide the Engineer with a news release ' when submitting the traffic control Drawings. Include in the release, as a minimum,the work activity and duration. Once approved, furnish the news release to the local media at least 2 weeks before starting work. ' Add Section 01570.1.4. 1.4 TRAFFIC CONTROL OFFICER ' A. Name one employee responsible to coordinate traffic control for the entirety of the project. Assure the individual responsible for traffic control remains on-site whenever construction activity is taking place. Delete Section 01570.3.1.13 and replace with the following. B. Inspect the work area at least twice a day during construction,including weekends, holidays, and other non-working days. Correct all deficiencies discovered during inspections and assure traffic control is appropriate to the work. Maintain records of ' traffic control devices used and their location and daily checklists,signed by the traffic control officer,for each inspection. ' Delete Section 01570.3.2.0 and replace with the following. C. The Contractor is solely responsible for the construction traffic control system including removing,repairing,or replacing any traffic control device not providing its intended function. The Engineer will periodically observe the traffic control for compliance with ' SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 3 OF 20 i the approved traffic control Drawings and inform the Contractor of any discovered non- compliance. SM-01700 CONTRACT CLOSEOUT Delete Section 01700 in its entirety and replace with Section 01700: CONTRACT CLOSEOUT contained , in the Project Manual. SM-02110 GEOTEXTILES , Delete Section 02110.2.LA and replace with the following. , A. Assure that fibers used in the manufacture of geotextiles,and the threads used in joining geotextiles by sewing,consist of long-chain synthetic polymers, composed of at least 95 ' percent by weight polyolefins or polyesters. They must be formed into a network so the filaments on yarns retain dimensional stability relative to each other,including selvedges. Furnish materials meeting the physical requirements listed in Section 2.4 or as shown on , the plans. Add Section 02110.2.LB B. Provide moderate or high survivability non-woven polypropylene fabric that is inert to , commonly encountered chemicals and soils and that remains stable over a temperature range of-50 degrees Fahrenheit(-46°C)to 150 degrees Fahrenheit(66°C) and at a pH ' range of 2 to 13. Add Section 021102.3.13 B. At the time of installation,the fabric will be rejected if it has defects,seams or weakness, rips,holes, flaws, deterioration, or damage incurred during manufacture,transportation or storage. ' Add Section 02110.2.4 2.4 MATERIALS ' A. Drainage Fabric. 1. Furnish Class 2 fabric as specified in AASHTO M 288 —Geotextile , Specifications for Highway Applications. B. Separation Fabric. , 1. Furnish Class 1 fabric as specified in AASHTO M 288—Geotextile Specifications for Highway Applications. C. Stabilization Fabric. 1. Furnish Class 1 fabric as specified in AASHTO M 288—Geotextile ' Specifications for Highway Applications. SECTION 00950 , STANDARD MODIFICATIONS to MPWSS PAGE 4 OF 20 ' D. Permanent Erosion Control Fabric. 1. Furnish Class I fabric, as specified in AASHTO M 288—Geotextile Specifications for Highway Applications,with an Apparent Opening size of#40, #60,#70,or#100 (US Sieve No.),as shown on the plans. ' E. Silt Fence Fabric. ' 1. Support silt fence with either wood or metal fence posts. 2. Assure silt fence geotextile meets the minimum requirements in the following table: ' Required Properties for Silt Fence Property Test Method Value Minimum Grab Tensile Strength(Ibs) ASTM D4632 >125 Minimum Grab Tensile Strength,X Direction ASTM D4632 >100 (Ibs) — Minimum Permittivity(sec-1) ASTM D4491 >0.05 Maximum Apparent Opening(US Sieve No.) ASTM D4751 #30 ' Ultraviolet Stability(%Retained After 500 ASTM D4355 >70 his of Exposure) ' F. Landfill Cell Filter Fabric. 1. Assure landfill cell filter Fabric minimum requirements in the following table: ' Required Properties for Landfill Cell Filter Fabric Property Test Method Value P ' Minimum Grab Tensile Strength(lbs) ASTM D4632 390 Grab Tensile Elongation(%) ASTM D4632 50 Puncture(lb) ASTM D4833 240 ' Maximum Apparent Opening Size ASTM D4751 100 US sieve number I ' Delete Section 02110.3.3.13 and C and replace with the following. B. Overlap geotextile a minimum of 24 inches(60 cm) at the ends and sides of adjoining sheets or sew the geotextile joints according to the manufacturer's recommendations. Overlap the uphill or upstream sheet over the downhill or downstream sheet. Offset end joints of adjacent sheets a minimum of 5 feet(1.5 m). Pins may be used to hold the ' geotextile sheets in place other than on interior slopes of lagoons or ponds. Space pins along the overlaps at approximately 3 foot(1 m)centers. ' SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 5 OF 20 C. Place aggregate, slope protection,or riprap on the geotextile starting at the toe of the slope and proceed upward. Place materials by overhead construction methods or in such ' a manner that no vehicles or equipment operate directly on the fabric. Place riprap onto the geotextile from a height of less than 12 inches(30 cm). Place slope protection rock or aggregate backfill onto the geotextile from a height less than 3 feet(1 m). In underwater applications,place the geotextile and cover material in the same day. , SM-02112 REMOVAL OF EXISTING PAVEMENT,CONCRETE CURB SIDEWALK,, DRIVEWAY.AND/OR STRUCTURES Delete Section 02212.3.LC and replace with the following. ' C. Remove and dispose of existing private concrete driveways and/or sidewalks which interfere with construction of street improvements or which do not match new grade as shown on the contract documents or as directed by the Engineer. Remove such ' driveways and/or sidewalks to distance of 8 inches (20 cm)behind curbs, or to greater distance if required to properly match the new curb and gutter grade. Remove along the neat line produced by a concrete saw cut. Make cuts to a depth of the thickness of the , driveway and/or sidewalk or to a maximum depth of 6 inches(15 cm),whichever is lesser, and take care in removing the concrete assuring the slab breaks on the sawed neat line. SM-02113 ADJUSTING EXISTING MANHOLES,LAMPHOLES INLETS WATER VALVE BOXES,WATER SERVICES.AND FIRE HYDRANTS TO GRADE Delete Section 02113.3.1.E and replace with the following. E. Provide backfill material conforming to the requirements of Section 02235, 1 inch(25 ' mm) Minus Crushed Base Course, and compacted to at least 97 percent of the maximum dry density as determined by AASHTO T99 or ASTM D698. SM-02114 RELOCATING OR REMOVING UTILITY POLES,STREET SIGNS.AND , MAILBOXES , Delete Section 02114.3.1.A and replace with the following. A. Affected utility companies are to move power,street light, and telephone poles,unless , they are designated in the contract documents to be removed or relocated by the Contractor. If a utility company is non-responsive,notify Engineer. Coordinate all utility relocation activity with the construction activity. , SM-02221 TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Add the following publications to the list in Section 02221.1.2.A. ASTM D4235 Relative Density , ASTM D4254 Relative Density SECTION 00950 , STANDARD MODIFICATIONS to MPWSS PAGE 6 OF 20 ' In Section 02221.1.3,delete the reference to Standard Drawings 02221-1: Typical Utility Trench Detail and refer to the attached Modified Standard Drawing 02221-1. Delete Section 02221.1.4.A.1 replace with the following. ' 1. Meet the testing requirements of Special Provisions and Section 01400: Contractor Quality Control and Owner Quality Assurance. Delete Section 02221.1.4.A.3 and replace with the following. 3. Re-testing failing areas is at the expense of the Contractor. Where Engineer provides testing on behalf of the Owner,the Contractor will be assessed the cost of all retests conducted by the Engineer,with that cost deducted from the progress payments. ' Delete Section 02221.1.4.B.I and replace with the following. 1. Quality 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 laboratory maximum density values and optimum compaction moisture content according to ASTM D698. ' Delete Section 02221.1.4.C.3 and replace with the following. 3. Submit to the Engineer laboratory moisture-density relationship testing results of on-site and off-site borrow soils. Delete Section 02221.2.LA and replace with the following. A. TYPE 1 PIPE BEDDING 1. Type 1 Pipe Bedding includes the material placed from 4 inches(10 cm)below the bottom of the pipe to 6 inches (15 cm)over the pipe. 2. Provide Type 1 Bedding consisting of crushed stone or gravel,which is free of cementitious substances or thin,flat particles in an amount that would cause the material to cake,pack, or otherwise form and unyielding support for the pipe. 3. Provide imported granular material with a gradation as follows and a maximum ' plasticity index of 6,determined by AASHTO T99 and T90 or by ASTM D43 S. Percent by Weight Passing ' Sieve Size %Passing 1"(25 mm) 100 3/4"(19.0 mm) 90- 100 3/8"(9.5 mm) 20-55 No.4(4.75 mm) 5- 10 t No.8(2.36 mm) 0-5 ' SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 7 OF 20 4. Crush material so that the percentage of fractured particles in the finished product is as constant and uniform as practical. Crush to produce material where at least 50 percent of the material retained on the No. 4 sieve has at least one fractured face. ' 5. To prevent migration of material from around the pipe,do not use sand, sandy gravel, or a material composed mainly of sand for bedding material in the pipe ' zone where ground water is or will be present or where existing material contains voids which would allow migration. Where trench excavation encounters wet or unstable material,Type 1 Pipe Bedding must be well graded,free draining,and ' non-plastic. 6. Refer to the Special Provisions and details in the Drawings for other requirements. ' Delete Section 02221.2.LB in its entirety. Delete Section 02221.2.1.D.3 and replace with the following. 3. Type 2 Bedding consists of granular material meeting the following gradation and having a maximum plasticity index of 6 and a maximum liquid limit of 25 percent. , Percent by Weight Passing Sieve Size Type B-Modified ' 3"(75 mm) 100 No.4(4.75 mm) 0-25 ' No. 8(2.36 mm) 0- 10 Delete Section 02221.3.3.A.8 and replace with the following. 1 8. No classification of trench excavated material materials will be made. , Excavation and trenching work includes the removal and subsequent handling of all earth, loose or cemented gravel,loose or solid rock, and other materials excavated or otherwise removed in performance of the contract work,regardless , of the type,character, composition,or condition thereof. All materials excavated or otherwise removed including asphalt,curb,butter,sidewalk,soils,etc.,will become the property of the Contractor,who will be responsible for environmentally sound disposal of said material in accordance with state and , federal regulations. Add Section 02221.3.3.B.2.b. ' b. If the trench is excavated wider than the specified minimum,provide Type 1 Pipe Bedding for the additional width to yield a consistent backfill for the entire width of the trench or take such other measures as SECTION 00950 , STANDARD MODIFICATIONS to MPWSS PAGE 8 OF 20 ' the Engineer may direct to protect the pipe against the crushing forces of trench backfill at the Contractor's expense. Delete Section 02221.3.3.E,2 and replace with the following. ' 2, Remove and replace all pavement damaged during construction by the Contractor's equipment,or the use thereof, to at least a depth of 1 inch(25 mm). Patches will not be allowed less than I inch(25 mm) in thickness. ' Add Sections 02221.3.3.E.3 and 4. 3. Replace all asphalt pavement damaged during construction outside of restoration ' pay limits in conjunction with asphalt restoration and as otherwise required by the Engineer. Provide asphalt meeting the requirements of Section 02510: Asphalt Concrete Pavement,and place asphalt to produce a final surface uniform ' in texture and consistent with the line and grade of adjacent pavement or as directed by Engineer. No compensation will be allowed for removal and replacement of damaged pavement outside of the pay limits for asphalt restoration. 4. Assure work and materials for pavement restoration is in accordance with Section 02510: Asphalt Concrete Pavement. ' Delete Section 02221.3.4.A and replace with the following. ' A. GENERAL 1. Furnish all necessary labor,equipment,and incidentals necessary to dewater the project site during construction. 2. Keep all excavation dry and free from water during construction and the placement of materials. Do not place pipe,bedding,or backfill materials below ' the groundwater elevation established by dewatering operations. Do not allow ground water or stormwater to enter or flow through the underground piping during installation. ' 3. The cost of dewatering operations will be incidental to the cost of pipeline and appurtenance installation and no additional payment will be made for dewatering. Consider shifts in the groundwater level caused by changing seasons or local ' conditions in estimating the cost of dewatering operations,as no additional payments will be made for fluctuating groundwater levels. ' 4. Protect all structures that could be potentially impacted by dewatering operations. Repair any damage to structures caused as a result of dewatering at Contractor's expense. ' SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 9 OF 20 Add Section 02221.3.4.B. , B. DISCHARGE , 1. Do not discharge or dispose of water from dewatering operations in such a manner as to flood existing landscaped areas,graveled areas,or structures unless , approved by Engineer. Written permission from the appropriate landowner shall also be required for discharge or disposal on private property. 2. It is the Contractor's responsibility to comply with requirements and regulations ' of federal,state,and local agencies that govern areas affected by dewatering of the construction site and application for,and maintenance of, any required ' permits. Add Sections 0222 1.3.6.A.2 and 3. 2. Storage of all imported backfill materials, including protecting said materials ' from adverse conditions that would disqualify them from use under these specifications,is the responsibility of the Contractor. ' Delete Sections 02221.3.6.B.La and b and replace with the following. a. Place Type 1 Pipe Bedding material 4 inches(10 cm)under,around the , pipe,and to a point 6 inches(15 cm) above the top of the pipe in 6 inch (15 cm)lifts,using hand or other compaction methods without damaging or disturbing the pipe including mains and service lines and all ' appurtenances. b. Place bedding material in equal lifts on both sides of the pipe for the full ' trench width. Thoroughly compact each lift of pipe bedding by tamping, vibration,slicing with a shovel,rodding, or by a combination of these methods. Take special care to assure complete compaction under the haunches of the pipe. , Delete Section 02221.3.6.B.2 in its entirety. Delete Section 022213.6.0.1 and replace with the following. ' 1. After the pipe bedding materials are placed and compacted as specified,backfill the trench. , a. Use backfill material free of cinders, ash,refuse,organic or frozen material,boulders, or other deleterious material. ' b. From the top of the Type 1 Bedding to 6 inches(15 cm)below the ground surface,or the subgrade elevation,material containing stone up to ' 8 inches (20 cm)in the greatest dimension may be used. C. Cost of screening,drying,or moistening excavated backfill to comply with specifications will be considered incidental to the Contractor's bid ' SECTION 00950 , STANDARD MODIFICATIONS to MPWSS PAGE 10 OF 20 1 price per linear foot of pipe and service lines,and unit prices for ' appurtenances, and no additional payment will be made for such work. Delete Sections 02221.3.6.C.6.a through c and replace with the following. ' a. Tyne A Trench Backfill. Place trench backfill in maximum 8 inch(20 cm)compacted lifts within 3 percent of optimum moisture content and compact to at least 95 percent of maximum dry density determined by ' AASHTO T99 or by ASTM D698. For materials that do not exhibit a typical well-defined moisture-density curve, compact backfill to 70 percent relative density as determined by ASTM D4253 and D4254. ' b. Type B Trench Backfill. Place trench backfill in maximum 8 inch(20 cm)compacted lifts within 3 percent of optimum moisture content,and compact to at least 90 percent of maximum dry density determined by ' AASHTO T99 or by ASTM D698. For materials that do not exhibit a typical well-defined moisture-density curve,compact backfill to 50 percent relative density as determined by ASTM D4253 and D4254. ' C. Type C Trench Backfill. Place and compact Type C Trench Backfill in maximum 12 inch(30 cm) lifts at densities equal to or greater than the densities of adjoining undisturbed soil. Mound earth over the trench top, if so directed by the Engineer. In cultivated areas,place stripped topsoil uniformly over the backfilled trench to the original depth. Do not compact the topsoil,but grade to provide a smooth surface conforming to the adjoining ground surfaces. Delete Section 02221.3.6.D and replace with the following. ' D. Replacement of Unsuitable Backfill Material 1. Remove and dispose of excavated soils that are saturated,contain deleterious materials,or have characteristics that,in the opinion of the Engineer,render the soils unsuitable as backfill, or which cannot be readily conditioned or dried to be made suitable. ' 2. Replace unsuitable soils with material obtained from trench excavations within the project limits at the expense of the Contractor. If suitable replacement material is not available within project limits,obtain material from an approved borrow source,to be paid for as Imported Backfill Material. 3. Provide imported backfill material with a gradation as follows and a maximum ' plasticity index of 10,determined by AASHTO T89 and T90 or by ASTM D4318. Imported backfill may not contain rock measuring greater than 6 inches (15 cm) in the greatest dimension. ' SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE I I OF 20 Percent by Weight Passing Sieve Size %Passing ' 1"(25 mm) 70-100 No.4(4.75 mm) 40-80 ' No. 10(2.00 mm) 25-60 No.200(0.075 mm) 2-35 , 4. Place and compact all imported material according to the applicable backfill , specification requirements. Delete Section 02221.3.6.F.1 and replace with the following. 1. Provide warning tape as described in this Section. Bury tape a maximum of 18 ' inches(45 cm)below finish surface grade. Add Section 02221.3.8.8. , B. Dispose of vegetation; coarse debris resulting from pavement or sidewalk removal; stones,junk,debris, and other materials encountered in excavation work; and other , similar waste materials away from the site of the work at the Contractor's expense. Delete Section 02221.3.9.0 and replace with the following. ' C. The maximum permissible distance between backfilling/compaction operations and the end of newly installed pipe is 100 feet(30 m)in existing streets(and/or alleys)and 200 , feet(60 m) in all other areas. Delete Section 02221.3.9.E. and replace with the following. E. For each work group consisting of a trench excavator, a pipe laying crew,and a ' backfilling/compaction crew,the maximum allowable open ditch at any time is 200 feet (60 m) in existing streets(and/or alleys)and 400 feet(120 m)in all other areas. ' Add Section 02221.3.9.G. G. At the completion of each working day, fill all trenches and/or provide safety netting, , Jersey barrier,and other barricades required for public safety. Add Section 02221.3.10. , 3.10 DRAINAGE CROSSINGS A. Where trenches are constructed in or across roadway ditches or other water courses, ' protect the backfill from surface erosion by adequate means. Where the grade of the ditch exceeds 1 percent,prevent erosion by a suitable method approved by the Engineer. Backfill trenches in such a manner that water will not accumulate in unfilled or partially ' filled trenches. SECTION 00950 , STANDARD MODIFICATIONS to MPWSS PAGE 12 OF 20 1 B. Remove all material deposited in roadway ditches or other water courses crossed by the trench immediately after backfilling is completed and restore the section,grades,and contours of such ditches or water courses to their original conditions,in order that the surface drainage is obstructed no longer than necessary. ' SM-02230 STREET EXCAVATION. BACKFILL.AND COMPACTION ' Delete Section 02230.1.3.A and replace with the following. A. Field Density Testing 1. Meet the testing requirements of Special Provisions and Section 01400: Contractor Quality Control and Owner Quality Assurance. ' 2. Assure in-place field density tests meet ASTM D1556(AASHTO T191)Sand Cone Method or ASTM D2922 and D3017 (AASHTO T238 and T239)Nuclear Densometer Methods. Quality assurance field density testing frequency is at the ' Engineer's discretion. Delete Section 02230.3.LA and replace with the following. ' A. Perform Clearing and grubbing including the excavation,removal and disposal of roots, stumps,sod,or any organic material and buried debris from within construction limits. Construction limits are defined by all areas within the cut/fill limits and extending 1 foot (0.3 m)beyond the back of sidewalk and/or curb and gutter,or 2 feet(0.6 m)beyond the edge of pavement if no sidewalk or curb and gutter is present. Remove unsuitable material to at least 12 inches(30 cm)below subgrade elevation. ' Delete Section 02230.3.4.A and replace with the following. A. Excavate to the specified lines and grade or as directed by Engineer. Excavate without ' causing rutting,pumping,or other disturbances to underlying materials. SM-02234 SUB BASE COURSE Delete Section 02234.2.5.A and replace with the following. ' A. Use water from an approved source. SM-02235 CRUSHED BASE COURSE Delete Section 02235.2.2.0 and replace with the following: C. Crush material so that the percentage of fractured particles in the finished product is as constant and uniform as practical. Crush to produce material where at least 50 percent of the material retained on the No. 4 sieve has at least one fractured face. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 13 OF 20 Delete Section 02235.2.4.A and replace with the following. A. Use water from an approved source. , SM-02502 ASPHALT PRIME AND/OR TACK COAT ' Delete Section 02502.2.LA and replace with the following: A. Unless otherwise specified,furnish asphalt material grade and typed as specified below. ' 1. Furnish Liquid Asphalt,MC-70 meeting the requirement of Section 702 of the ' MDT Standard Specifications for all asphalt prime coat applications. 2. Furnish Liquid Asphalt,MC-800 and/or MC-3000 meeting the requirement of ' Section 702 of the MDT Standard Specifications for all chip seal applications on gravel roads. 3. Furnish Emulsified Asphalt, SS-1 meeting the requirements of Table 1 in this , section for all asphalt tack coat applications. 4. Furnish Emulsified Asphalt, CRS-2 or CRS-2P meeting the requirements of ' Table 2 in this section for all asphalt chip seal applications. Add the following to Section 02502.3.2.B: A. Apply MC-70 at a rate of 0.20 gallons per square yard(0.91 L/mZ)on all asphalt prime ' coat applications. SM-02504 ASPHALT SEAL COAT ' Add the following to Section 02504.2.2.A: ' A. Unless otherwise specified, furnish % inch(13 mm)seal coat aggregate meeting the requirements of Section 2510:Asphalt Concrete Pavement and Table 1 in this section for ' all chip seal applications on gravel roads. Unless otherwise specified,furnish'/s inch (9.5 mm) seal coat aggregate meeting the requirements of Section 2510:Asphalt Concrete Pavement and Table 2 for all chip seal applications on asphalt roads. , Add the following to Section 025043.3.B: 2. Do not perform seal coat work if the local weather forecast includes a predicted ' temperature lower than 45 degrees Fahrenheit(7°C)within 12 hours after the intended close of the work for the day. 3. Do not perform seal coat work if the local weather forecast includes a probability ' of precipitation greater than 45 percent within the intended schedule of operations for the day. Regardless of the weather forecast,seal coat work may be ' suspended if impending adverse weather conditions occur in the vicinity of the work. SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 14 OF 20 1 Delete Section 02504.3.3.D.I and add the following: ' 1. Apply asphalt material at a rate of 0.35 gallons per square yard(1.6 L/m)when using Emulsified Asphalt CRS-2 or CRS-2P,and at a rate of 0.50(2.3 L/m2) gallons per square yard when using Liquid Asphalt MC-800 or MC-3000. Apply ' asphalt material at a rate of 0.20 gallons per square yard(0.9 L/mZ) for sand seal applications. Apply the asphalt material uniformly at the rate specified. ' Delete Section 02504.3.3.E.1 and add the following: 1. Apply seal coat material at a rate of 25 pounds per square yard(13.6 kg/m') on ' all chip seal applications. Apply seal coat material at a rate of 15 pounds per square yard(8.1 kgiM2) on all sand seal applications. During the course of the work,make adjustments in the rate of application as required or as directed by the Engineer. SM-02510 ASPHALT CONCRETE PAVEMENT ' Delete Section 02510.2.1.B and C and replace with the following. B. Unless otherwise specified, furnish Type B or B-Modified aggregate meeting the ' requirements of Table 2 in this section for all asphalt pavement applications. C. Unless otherwise specified,furnish(PGAB) PGSS-28 Asphalt Binder Material meeting the requirements of Table 3 in this section for all asphalt pavement applications. Delete Section 02510.2.2.H and replace with the following. ' H. Produce coarse aggregate retained on the No. 4 sieve(4.75 mm) having a minimum of 75 percent by weight of particles with at least two mechanically fractured faces. When fractures are contiguous,assure the angle between the fracture planes is at least 30 ' degrees to count as two fractured faces. Add the following to Table 2 in Section 02510.2.2.L.1. ' Percent by Weight Passing Sieve Size Type B-Modified ' V(25 mm) --- 3/4"(19 mm) 100 1/2"(12.5 mm) 82-95 3/8"(9.5 mm) 70-90 ' No.4(4.75 mm) 45-65 No. 10(2.00 mm) 32-45 No.40(0.425 mm) 15-25 No.200(0.075 mm) 4-8 SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 15 Of 20 i Add the following to Section 02510.2.5.B.2: All type B-modified asphaltic concrete surfacing shall meet the following Marshall ' Design criteria as determined by ASTM D1559. a. Number of Compaction Blows,Each End of Specimen . . . . 75 , b. Stability,Minimum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1500 lbs. C. Flow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8- 16 , d. Air Voids,Percent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3%-5% e. Percent Air Voids Filled with Bitumen . . . . . . . . . . . . . . . . . 65-75 Delete Section 02510.3.9 and replace with the following. ' A. Sampling and testing of the aggregates and other constituent materials will meet the requirements of Special Provisions and Section 01400: Contractor Quality Control and Owner Quality Assurance. Add the following to Section 02510.3.14.B.3: ' d. Skin patching will not generally be considered a satisfactory method of repair. e. Tack coat all existing edges prior to placing new asphalt concrete. ' Delete Section 02510.3.16.A.1 and add the following: ' 1. The maximum lift thickness is 3 inches (compacted depth)for surface courses and 6 inches(compacted depth) for base courses. Delete Section 02510.3.29 and replace with the following. ' 3.29 PAVEMENT AND MATERIAL TESTING REQUIREMENTS ' A. Meet the testing requirements of the Special Provisions and Section 01400: Contractor Quality Control and Owner Quality Assurance. B. Owner or Owner's representative may perform field density testing of the pavement through the use of a nuclear densometer and/or by providing 4 inch diameter core samples of the asphalt surface courses. ' C. The Owner or Owner's representative may determine the field thickness of the pavement by inserting a flat blade through the material to the previously placed base,measuring ' core samples,or other approved method. The actual measured thickness must be within '/a inch (6.35 mm)of the specified thickness. When the measurement of any field thickness is less than the plan thickness by more than the allowable deviation,the actual thickness of the pavement in this area may be determined by taking additional ' measurements at intervals parallel to the centerline in each direction from the affected locations until, in each direction,pavement is found which is not deficient by more than SECTION 00950 t STANDARD MODIFICATIONS to MPWSS PAGE 16 OF 20 1 the allowable deviation. Additional measurements of field thickness are considered as re- ' testing of failing areas. D. In all cases,the costs of the following tests are at Contractor's expense: ' 1. Initial Aggregate Tests 2. Job Mix Formula ' 3. Any Tests Contractor Requires for Quality Control for Crushing, Screening,or Other Construction Operations ' 4. Re-testing of Failing Tests or Required Additional Testing E. Correct all pavement composition and field density deficiencies at Contractor's expense. ' Areas found deficient in thickness by more than the allowable deviation will be evaluated by the Engineer. If the Engineer determines the deficient areas wan-ant removal,remove and replace the areas with asphaltic concrete of the thickness shown on the Drawings at the Contractor's expense. SM-02528 CONCRETE CURB AND GUTTER ' Delete Section 02528.2.3.A and replace with the following. A. Furnish pre-formed expansion joint material meeting the requirements of AASHTO M213. Add Section 02528.2.5.A.2. 1 2. Apply liquid membrane-forming compound between April 15 and August 14 of each year. tAdd Section 02528.2.5.B.2. ' 2. Apply water-soluble or emulsified linseed oil compound between August 15 and April 14 of each year. Delete Section 02528.3.2.E and replace with the following. B. Complete excavation to the lines shown in the Contract Documents,or as specified by Engineer. ' Delete Section 02528.3.4.A and replace with the following. A. Place reinforcement as required by Contract Documents or Engineer's direction. Place ' and hold in position before placing concrete. ' SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 17 OF 20 I Delete Section 02528.3.6.B.1 and replace with the following. 1. Finish the surface of the concrete curbs and gutters true to the lines and grades ' shown on the Drawings. Work concrete until the coarse aggregate is forced down into the body of the concrete and no coarse aggregate is exposed. , Delete Section 02528.3.9.A and replace with the following: A. Complete the curb backfill to 4 inches(10 cm)below the top of curb before final grading ' the subgrade and placing the base course of the street section. Delete Section 02528.3.9.E and replace with the following. ' E. Compact backfill to prevent settlement and level the surface to be free draining. Complete all backfill within 4 days after curb and gutter is placed. SM-02529 CONCRETE SIDEWALKS.DRIVEWAYS,APPROACHES,CURB TURN FILLETS.VALLEY GUTTERS,AND MISCELLANEOUS NEW CONCRETE ' CONSTRUCTION Delete Standard Drawing 02529-6,Retrofit Drive Approach,from the list in Section 02529.1.2.A and the ' drawing itself in its entirety from Appendix A. Delete Sections 02529.3.2.A and B and replace with the following. A. Excavate to the specified depth,or as directed by the Engineer. Assure the concrete ' subgrade has a firm and even surface and is compacted as specified in Section 02230,as may be modified by the Standard Modifications. ' B. Place and compact at least 3 inches(75 mm)of gravel base material to a firm,even surface. This requirement is waived for concrete if it is to be installed on street base course material exceeding 3 inches(75 mm)or more in thickness and is approved by ' Engineer. Delete Section 02529.3.4.A and replace with the following. ' A. Place and hold in position reinforcement meeting the contract requirements,or as directed by Engineer,before placing the concrete. ' Delete Section 02529.3.6.B.I and replace with the following. 1. Finish the concrete surface true to lines and grades shown on the Drawings. ' Work concrete until the coarse aggregate is forced down into the body of the concrete and no coarse aggregate is exposed. Float the concrete surface using a magnesium float to a smooth and uniform surface. Plastering of the surface is ' prohibited. Edge all outside edges of the slab and all joints using a /. inch(6.4 mm)radius edging tool. 2. Immediately after the forms have been removed,remove all form bolts and tie ' wires to a depth of at least%z inch(12.5 mm)below the surface of the concrete. Clean and fill all holes and depressions caused by the removal or setting back of SECTION 00950 ' STANDARD MODIFICATIONS to MPWSS PAGE 18 OF 20 t ' form bolts or tie wires with Portland cement mortar composed of 1 part cement t by volume and 2 parts sand. Chip out,clean and fill all rock pockets,honey,and air pockets with mortar,in compliance with instruction of the Engineer. If,in the judgment of the Engineer,rock pockets are of such an extent or character as to materially affect the strength of the structure or to endanger the life of the steel ' reinforcement,he may declare the concrete defective and order the complete removal and replacement of that portion of the structure so affected. 3. Carefully make all mortar patches using a very dry mortar tamped firmly in the void. Keep the patches wet for a period of 3 days after which it will be inspected for shrinkage cracks. Excessive cracking will require complete removal and ' replacement of the patch. 4. Screed,float and light broom finish sidewalks, exterior slabs,approaches,etc. and membrane cure. After concrete has hardened sufficiently,give the surface a ' broom finish. Obtain Engineer approval of the broom before use. Assure the broom strokes are square across the concrete from edge to edge, overlapping adjacent strokes. Broom without tearing the concrete. Assure the broomed finish ' produces regular corrugations not exceeding'/8 inch(3.2 mm)in depth. 5. Steel trowel finish interior floor surfaces which will be exposed after construction is completed,surfaces to be covered with resilient floor coverings or ' seamless floor coverings,the exposed portion of the top of equipment bases,the top of interior curbs,and other surfaces designated on the Drawings, Perform troweling after the second floating when the surface has hardened sufficiently to t prevent an excess of fines from being drawn to the surface. Produce a dense, smooth,uniform surface free from blemishes and trowel marks. ' 6. Apply liquid or shake-on floor hardener to all interior concrete floors which are subject to foot or equipment traffic and are not required to be covered with resilient floor coverings or seamless flooring. Prior to application, thoroughly clean the floor of all dirt,grease, and other foreign matter. Do not apply curing ' compounds to floors scheduled to receive floor hardener unless compatibility with the hardener is demonstrated in manufacturer's data. tDelete Section 02529.3.9.0 and replace with the following C. Compact backfill to prevent settlement and level the surface to a neat appearing and free draining surface within 4 days after concrete is placed. Delete Section 02529.3.1 LA and replace with the following. ' A. Construct new street monuments,new street light bases, and other miscellaneous concrete construction in accordance with the detail drawings,or as directed by Engineer. ' Add Section 02529.3.11.13. B, New concrete construction required to maintain or restore existing structures will be considered incidental to the cost of pipe installation and no additional payments made. Include the concrete costs associated with thrust blocks with the unit costs bid for the valve,fittings,or appurtenance requiring the thrust block. New concrete work not SECTION 00950 STANDARD MODIFICATIONS to MPWSS PAGE 19 OF 20 I included above, or specifically called out on the Drawings,must first be approved by Engineer. ' Add Section 02529.3.1 I.C. C. Construct all curb ramps with detectable warning surfaces in conformance with the , requirements of the Americans with Disabilities Act Accessibility Guidelines(ADAAG). Detectable warning surfaces shall be black. Detectable warning surfaces shall be considered deficient and subject to replacement by the Contractor if more than 5 percent , of the truncated domes on a ramp surface are missing or damaged,if the detectable warning product has lost any adhesion to the concrete,or if the detectable warning product is cracked or shows other signs of distress,at the end of the two year warranty ' period. SM-03210 REINFORCING STEEL , Delete this section in its entirety and refer to the Montana Department of Transportation Road and Bridge Standard Specifications. , SM-03310 STRUCTURAL CONCRETE Delete this section in its entirety and refer to the Montana Department of Transportation Road and Bridge Standard Specifications. i i 1 I SECTION 00950 ' STANDARD MODIFICATIONS to MPWSS PAGE 20 OF 20 1 U) W E- W t' Q ' MONTANA STATEWIDE PREVAILING DAVIS-BACON ' 2009 ' Rates Effec0m;May}S,2009 HIGHWAY CONSTRUCTION WAGE RATES tGeneral Wage Determinations Issued Under The Davis-Bacon and Related Acts State: Montana Construction Types: Highway Counties: Montana Statewide t i 1 1 1 I i 1 10 HIGHWAY CONSTRUCTION PROJECTS ' "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 t nearest County Court House 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: 31 to 60 miles-Base Pay+$2.50 ZONE 3: 60+miles-Base Pay+$4.00 CARPENTERS: , ZONE 1: 0 to 30 miles-Free ZONE 2: 31 to 50 miles-Base Pay+$3.00 ZONE 3: 50+miles-Base Pay+$4.80 Rates Fringes ' CARPENTER CARPENTER,PILEDRNERMAN $22.71 $8.85 MILLWRIGHT $24.78 $8.85 Rates Fringes ' CEMENT MASON $21.37 $8.50 Rates Fringes ELECTRICIAN ' Areal $18.74 $2.93+3.8% Area 2 $20.13 $4.78+3.8% Areas $19.98 $3.44+3A% Areas $19.84 $341+3A% Area 5 $20.54 $344+3.8% ' Areas $18.02 $3.44+3A% ELECTRICIANS AREA DESCRIPTIONS AREA 1: Beaverhead,Deer Lodge,Granite,Jefferson,Madison,Silver Bow,and Powell Counties. ' AREA 2: Big Hom,Carbon,Carter,Custer,Dawson,Fallon,Garfield,Golden Valley,Musselshell,Powder River,Prairie,Rosebud,Stillwater,Treasure, Wibaux,and Yellowstone Counties. ' AREA 3: Blaine,Cascade,Chouteau,Daniels,Fergus,Glacier,Hill,Judith Basin,Liberty,McCune,Petroleum,Polders,Phillips,Richland,Rooseveh, Sheridan,Teton,Toole,Valley,and Wheatland Counties. AREA 4: Broadwater,Lewis and Clark,and Meagher Counties. ' AREA 5: Flathead,Lake,Lincoln,Mineral,Missoula,Ravalli,and Sanders Counties. AREA 6: Gallatin,Park,and Sweet Grass Counties. t IRONWORKER ' Flathead,Glacier,Lake,Lincoln,Mineral,Missoula and Sanders Counties. Rates Fringes E25.50 $14.38 '. Remaining Counties. Rates Fringes $23.15 $13.71 ' 11 ' Ran Fringes LABORER Group 1 $17.18 $6.75 ' Group 2 $19.97 $6.75 Group 3 $20.17 $6.75 Group 4 $21.07 $8.75 LABORERS CLASSIFICATIONS GROUP 1: Flag person. GROUP 2: All General Labor work;Burning Barr Bucket Man;Carpenter Tender,Caisson Worker,Cement Mason Tender;Cement Handler(dry);Chuck Tender,Choker Setter,Concrete worker;Curb Machine-Ley Down:Crusher and Batch Plant Worker,Fence Erector;Form Setter;Form Stripper,Heater ' Tender,Landscaper;Pipe Wrapper;Pot Tender,Powdennan Tender;Rap and Truck Loaders and Unloaders;Riprappx,Sealants for Concrete and other materials;Sign Erection,Guard Rail and Jersey Rail;Stake Jumper,Spike Driver,Signaknan;Tail Hoseman;Tool Checker and Houseman;Traffic Control Worker. ' GROUP 3: Concrete Vibrator,Dumpman(Grademan);Equipment Handier,Geote:Nle and Liners;High-Pressure Nozzlemen;Jackhammer(Pavement Breaker); Laser equipment Non-Ming Rollers;Pipelayer,Postlrole Digger(power);Power Driven Wheelbarrow:Rigger,Sandblaster,Sold Cutter-power, Tampers. GROUP 4: Ashpolt Raker,Cutting Torch;Grade Setter,High-Scaler,Power Saws(Faller&Concrete);Powdennan($1.00 per hour above Group 4 rate);Rock&Core Drill;Track or Truck mounted Wagon Drill;Wader Including Air Ara Relu Fringes LINE CONSTRUCTION EqWpment'40roundmanO� n $15.40 $5.05 Rohe Fringes PAINTER $24.00 $8.00 Pavement Markirg/Mi6khg and related work.Includes operating marking and all other equipment and all work involved in traffic marking including removal, surface preparation and application of pavement markings including epoxies,paints,tape,buttons,t hermo-plastics and any other products applied for traffic marking purposes and for directing and regulating traf11C.and outtirg Rumble Strips. ' Rates Fringes POWER EQUIPMENT OPERATOR Group 1 $21.52 $8.00 Group 2 $23.55 $8.00 Group3 $24.41 $8.00 Group 4 $25.10 $8.00 Group 5 $28.44 $8.00 Group 6 $27.13 $8.00 Group 7 $29.23 $8.00 POWER EQUIPMENT OPERATORS CLASSIFICATIONS tGROUP 1: A-Frame Tarok Crane;Air Compressor,Auto Fine Grader,Bait Finishing Machine;Boring Machine(small);Cement Sib,Crane;Crusher Conveyor,DW-10,15,and 20 Tractor Roller;Farm Tractor;Forklift,Form-Grader,Front-end Loader under 1 cu yd;Oiler,Heavy Duty Drills;Pumpman; Oiler(All,except Cranes and Shovels). ' GROUP 2: Air Doctor,Backhoe/Excavator/Shovel to&Ind 3 cu yd Bit Grinder,Bitunimous Paving Travel Plant;Boring Machine,large:Broom,Self- Propelled;Concrete Bucket Dispatcher,Concrete Conveyor;Concrete Finish Machine;Concrete Float ant Spreader,Concrete Travel Batcher,Distributor, Dozer,Rubber fired,Push,and Side Boom:Drab,Heavy Duty(all types);Elevating GradedGradall;Field Equipment Serviceman;Front-end Loader 1 cu yd to and Ind.5 cu yd;Grade Setter;HoWlTugger(All HydraliR&Similar);Industrial Loomnotive; Motor Patrol(Except Finish);Mountain Skidder,Oiler, ' Cranes&Shovels;Pavement Breaker,EMSCO;Power Saw,Self-Propelled;Pkgmill;Punhperete/Grout Machine;Punch Truck.Rollers(All except Asphalt Finish and Breakdown);Ross Carder,Robmill under 6$Trenching Machine;Washkg/Screening Plant. GROUP 3: Asphalt Finish Roller;Asphalt Breakdown Roller;Asphalt Paving Machine;Backhoe/Excavator/Shovel larger than 3 cu yd;Asphalt Screed; Concrete Batch Plant Cableway Highline;Concrete Curing Machine;Cranes.24lons&under;Cranes,Crater,Cranes,Electric Overhead;Concrete tPump;Curb Machine/Slip Form Paver,Finish Dozer,MedhanidWekler;Pkxheer Dozer,Rotomill 6 I and over, Scraper,Single Engine;Scraper Twin or pulling Belly Dump;Yo Yo Cat Front-end Loader over 5 cu yd. GROUP 4: Asphall/Hot Plant Operator;Cranes,25 tons to 44 ' tons:Crusher Operator,Finish Motor Patrol;Fkdsh Scraper. 12 1 SPECIAL OPERATORS: GROUP 5: Cranes,45 tons to and including 74 tons. , GROUP 6: Cranes,75 tons to and Including 149 tons. GROUP 7: Cranes, 150 tons to and including 250 tons;Cranes over 250 tons:add$1.00 for every 100 tons over 250 tons;Crane,Stiff-Leg or Derrick; Crane,Tower all);Crane,Whirley(all);Helicopter Hoist ' TRUCK DRIVER Rates Fringes ' Group 1 $19.54 $7.86 Group 2 $23.69 $7.86 GROUP 1: Pilot Car. ' 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 TruddFuel ' TruclulTireperson;Truck Mechanic;Trucks with Power Equipment;Warehouseman,Parlsman,Cardex and Warehouse Expertitor,Water Trucks. WELDERS_Receive rate prescribed for craft performing operation to which welding is incidental. ' END OF GENERAL DECISION , 13 ' I i 1 II 1 1 DIVISION 1 1 GENERAL REQUIREMENTS 1 1 i i 1 1 1 1 1 1 1 1 SECTION 01041 PROJECT COORDINATION PART 1 -GENERAL ' 1.1 RELATED DOCUMENTS A. Drawings and Special Provisions of the Contract,including General and Supplementary Conditions and other Division I Specification Sections,apply to this Section. 1.2 SUMMARY A. This Section includes administrative provisions for coordinating construction operations on Project including,but not limited to,the following: 1. Preconstruction Conference 2. General project coordination procedures. 3. Conservation. 4. Coordination Drawings. 5. Administrative and supervisory personnel. 6. Project meetings. B. Related Sections: The following Sections contain requirements that relate to this Section: ' 1. Division 1 Section"Construction Progress Documentation"for preparing and submitting the Contractor's Construction Schedule. 2. Division 1 Section "Execution Requirements" for procedures for coordinating general installation and field-engineering services, including establishment of benchmarks and control points. 3. Division 1 Section"Contract Closeout" for coordinating Contract closeout. 1.3 COORDINATION A. Coordination: Coordinate construction operations included in various Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations,included in different Sections,that depend on each other for proper installation,connection, and operation. I. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components,before or after its own installation. 2. Coordinate installation of different components with other contractors to ensure maximum accessibility for required maintenance, service,and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. B. If necessary,prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices,reports,and list of attendees at meetings. SECTION 01041 ' PROJECT COORDINATION PAGE 1 OF 4 1 1 1. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other contractors to avoid 1 conflicts and to ensure orderly progress of the Work. Such administrative activities include,but are not limited to,the following: 1. Preparation of Contractor's Construction Schedule. 1 2. Installation and removal of temporary facilities and controls. 3. Delivery and processing of submittals. 4. Progress meetings. 5. Preconstruction conferences. 6. Project closeout activities. D. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy,water,and materials. I. Salvage materials and equipment involved in performance of,but not actually incorporated into,the Work. 1 a. All material salvaged in the project shall become the property of Owner unless otherwise specified. Material identified as salvage shall be delivered by the Contractor to a suitable storage location as directed by 1 the Engineer. 1.4 SUBMITTALS A. Staff Names: At the Preconstruction conference submit a list of principal staff assignments,including superintendent and other personnel in attendance at Project site. 1 Identify individuals and their duties and responsibilities; list addresses and telephone numbers,including home and office telephone numbers. Provide names, addresses, and telephone numbers of individuals assigned as standbys in the absence of individuals 1 assigned to Project. 1. Post copies of list in Project meeting room, in temporary field office,and by each temporary telephone. 1 1.5 ADMINISTRATIVE AND SUPERVISORY PERSONNEL 1 A. General: In addition to Project superintendent,provide other administrative and supervisory personnel as required for proper performance of the Work. 1.6 PROJECT MEETINGS A. General: The Engineer will schedule and conduct meetings and conferences at Project site,unless otherwise indicated. 1. Attendees: Contractor shall inform participants and others involved,and individuals whose presence is required, of date and time of each meeting. 2. Agenda: The Engineer will prepare the meeting agenda. Distribute the agenda to all invited attendees. SECTION 01041 PROJECT COORDINATION 1 PAGE 2 OF 4 1 3. Minutes: Contractor,Engineer and Owner shall record significant discussions and agreements achieved. All parties shall distribute the meeting minutes to everyone concerned,including Owner and Engineer,within 3 days of the meeting. B. Preconstruction Conference: The Engineer will schedule a preconstruction conference before starting construction,at a time convenient to Owner and Engineer,but no later than 15 days after execution of the Agreement. The conference will be at Project site or another convenient location. The meeting will review responsibilities and personnel assignments. 1. Attendees: Authorized representatives of Owner,Engineer,and their consultants; Contractor and its superintendent. The Contractor shall be responsible for ensuring that all major subcontractors;manufacturers;suppliers; I and other concerned parties attend the conference. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Contractor shall bring a written,detailed construction schedule to the preconstruction conference. 3. Agenda: Discuss items of significance that could affect progress,including the following: a. Tentative construction schedule. b. Phasing. C. Critical work sequencing. d. Designation of responsible personnel. e. Subcontractor list f Testing Responsibilities g. Traffic Control h. Procedures for processing field decisions and Change Orders. i. Procedures for processing Applications for Payment. j. Distribution of the Contract Documents. k. Submittal procedures. 1. Preparation of Record Documents. m. Use of the premises. n. Responsibility for temporary facilities and controls. o. Office,work,and storage areas. P. Delivery and storage of materials and equipment. q. Security. r. Progress cleaning. S. Working hours. t. Specific TSEP,SRF,RUS,EPA AND DRNC requirements. U. Specific County requirements. V. Montana DEQ requirements. W. Railroad requirements and issues. X. Coordination with private land owners. C. Progress Meetings: Engineer will conduct progress meetings at regular intervals. 1. Attendees: In addition to representatives of Owner and Engineer,each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning,coordination,or performance of future activities shall be represented at these meetings. All participants at the SECTION 01041 ' PROJECT COORDINATION PAGE 3 OF 4 conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time,ahead of schedule, or behind schedule, in relation to Contractor's Construction Schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. b. Review present and future needs of each entity present,including the following: 1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Off-site fabrication. 6) Access. 7) Site utilization. , 8) Temporary facilities and controls. 9) Work hours. 10) Hazards and risks. , 11) Progress cleaning. 12) Quality and work standards. 13) Change Orders. ' 14) Documentation of information for payment requests. 3. Reporting: Engineer, Owner and Contractor shall distribute minutes of the meeting to each party present and to parties who should have been present. Include a brief summary, in narrative form, of progress since the previous meeting and report. a. Schedule Updating: Contractor shall revise Construction Schedule after each progress meeting where revisions to the schedule have been made ' or recognized. Issue revised schedule concurrently with the report of each meeting. PART 2-PRODUCTS (Not Used) PART 3-EXECUTION(Not Used) END OF SECTION SECTION 01041 PROJECT COORDINATION ' PAGE 4 OF 4 SECTION 01250 CONTRACT MODIFICATION PROCEDURES PART1 -GENERAL 1.1 RELATED DOCUMENTS 1 A. Drawings and Special Provisions of the Contract,including General and Supplementary Conditions and other Division 1 Specification Sections,apply to this Section. 1.2 SUMMARY 1 A. This Section specifies administrative and procedural requirements for handling and processing Contract modifications. B. Related Sections include the following: 1. Division 1 Section"Measurement and Payment"for administrative requirements. 2. Division 1 Section"Product Requirements" for administrative procedures for handling requests for substitutions made after Contract award. L1.3 VARIATIONS IN WORK A. Engineer will issue a Field Order authorizing variations in Work,not involving adjustment to the Contract Sum or the Contract Time. The Field Order will be completed on EJCDC No. C-942 (2002 Edition). 1.4 PROPOSAL REQUESTS A. Owner-Initiated Proposal Requests: Engineer will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract 1 Time. If necessary,the description will include supplemental or revised Drawings and Specifications. 1. Proposal Requests issued by Engineer are for information only. Do not consider them instructions either to stop work in progress or to execute the proposed change. 2. Within time specified in Proposal Request,after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change. a. Include a list of quantities of products required or eliminated and unit costs,with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. b. Indicate applicable taxes, delivery charges, equipment rental,and amounts of trade discounts. ' C. Include an updated Contractor's Construction Schedule that indicates the effect of the change, including,but not limited to, changes in activity SECTION 01250 ' CONTRACT MODIFICATION PROCEDURES PAGE 1 OF 2 duration,start and finish times,and activity relationship. Use available total float before requesting an extension of the Contract Time. B. Contractor-Initiated Proposals: If latent or unforeseen conditions require modifications to the Contract, Contractor may propose changes by submitting a request for a change to Engineer. 1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. 2. Include a list of quantities of products required or eliminated and unit costs,with total amount of purchases and credits to be made. If requested,famish survey data to substantiate quantities. 3. Indicate applicable taxes,delivery charges,equipment rental,and amounts of trade discounts. 4. Include an updated Contractor's Construction Schedule that indicates the effect of the change,including,but not limited to,changes in activity duration,start and finish times,and activity relationship. Use available total float before requesting an extension of the Contract Time. 5. Comply with requirements in Division 1 Section"Product Requirements"if the proposed change requires substitution of one product or system for product or system specified. , 1.5 CHANGE ORDER PROCEDURES A. On Owner's approval of a Proposal Request,Engineer will issue a Change Order for signatures of Owner and Contractor on EJCDC No. C-941 (2002 Edition). , 1.6 WORK CHANGE DIRECTIVE A. Work Change Directive: Engineer may issue a Work Change Directive on EJCDC C-940 (2002 Edition).Work Change Directive instructs Contractor to proceed with a change in the Work,for subsequent inclusion in a Change Order. 1. Work Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time. B. Documentation: Maintain detailed records on a time and material basis of work required by the Work Change Directive. 1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. PART 2 -PRODUCTS(Not Used) , PART 3-EXECUTION(Not Used) i END OF SECTION SECTION 01250 CONTRACT MODIFICATION PROCEDURES PAGE 2 OF 2 1 SECTION 01275 MEASUREMENT AND PAYMENT PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and Special Provisions of the Contract,including General and Supplementary Conditions and other Division I Specification Sections,apply to this Section. 1.2 SUMMARY ' A. This Section includes administrative and procedural requirements for measurement and payment. 1.3 DEFINITIONS A. Unit price is an amount proposed by bidders,stated on the Bid Form,as a price per unit of measurement for materials or services added to or deducted from the Contract Sum by appropriate modification,if estimated quantities of Work required by the Contract Documents are increased or decreased. 1 1.4 PROCEDURES A. Unit prices include all necessary material,plus cost for delivery,installation,insurance, overhead, and profit. B. Measurement and Payment: The Measurement and Payment sections do not necessarily name all incidental items required to complete the work. The cost of all such incidentals shall be included in the various related items of work. All estimated quantities stipulated in the Bid Forms or other Contract Documents are approximate and are to be used only as a basis for estimating the probable cost of the work and for the purpose of comparing the proposals submitted for the work. It is understood and agreed that the actual amounts of work performed and materials furnished under unit price items may differ from such estimated quantities and the payment for such work and materials shall be based on the ' actual amount of work done and materials furnished in each case. C. Engineer will determine the actual quantities and classifications of Unit Price Work performed by the Contractor. D. List of Bid Items: A list of unit Bid Items is included at the end of this Section. Specification Sections referenced in the schedule contain requirements for materials described under each Bid Item. PART 2-PRODUCTS (Not Used) SECTION 01275 ' MEASUREMENT AND PAYMENT PAGE 1 OF 6 PART 3-EXECUTION 3.1 LIST OF BID ITEMS—BASE BID. A. Bid Item No. 101 -MOBILIZATION: 1. Description: This item shall cover the costs of preparatory work and operations including,but not limited to,those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for the establishment of all facilities necessary for the work on the project; for the costs of obtaining the required permits,bonds,and insurance;and for all other work and operations which must be performed,or costs incurred prior to beginning work on the various items of the project. This bid item must not exceed 10%of the bid amount per schedule or additive altemative. Any bids that contain a lump sum bid price for mobilization greater than 10% of the bid price for the respective schedule or additive alternative may be rejected at the option of the Owner. 2. Unit of Measurement: Lump Sum. 3. Measurement: Measurement for MOBILIZATION will be per lump sum as indicated in the Bid Form. The lump sum will be paid 50%during the fast progress payment with the second 50%being paid during subsequent progress payments in proportion to total construction completed as a percentage of the contract price. ' 4. Payment: Payment for MOBILIZATION will be made on the percentage of the contract unit price bid per lump sum as indicated in the Bid Form. B. Bid Item No. 102—REMOVAL OF EXISTING BRIDGE: 1. Description: This item includes the removal and disposal of the existing superstructure, abutments,and wing walls. The Contractor shall verify for ' himself the dimensions and other particulars of the deck, abutments,etc.to be removed and disposed. 2. Work required under this section shall include but not be limited to the following: a. Bridge Removal as called out on the drawings; b. Disposing of all bridge elements as called out on the drawings; C. All labor,tools,equipment,materials, royalties, and incidentals necessary to complete the work as specified. 3. Unit of Measurement: Lump sum. 4. Measurement: Measurement for REMOVAL OF EXISTING BRIDGE shall be lump sum. 5. Payment: Payment will be made at the contract unit price bid per lump sum for REMOVAL OF EXISTING BRIDGE as indicated in the Bid Form. ' C. Bid Item No. 103—STRUCTURAL EXCAVATION: 1. Description: This item shall consist of all necessary structural excavation and ' backfill for installation of the culvert. 2. Work required under this section shall include,but not be limited to the following: ' a. Dewatering&conveying water away from the project site,if necessary; SECTION 01275 MEASUREMENT AND PAYMENT PAGE 2 OF 6 1 E. Bid Item No. 105—CRUSHED SURFACE COURSE: 1. Description: This item shall meet the requirements of Section 02235 of the MPW Standard Specifications. The size of material to be used on this project is listed on the bid forms. 2. Work required under this section shall include but not be limited to the following: a. Provide gradation and proctor tests for aggregate as required; b. Loading,hauling, and spreading the aggregate surface course material; C. Blending,watering and compacting; d. Finish grading to the lines and grade shown on the plans; e. All labor, tools, equipment, materials, royalties, incidentals necessary to complete the work as specified. 3. Unit of Measurement: CUBIC YARD 4. Measurement: Measurement for CRUSHED BASE COURSE will be per CUBIC ' YARD as indicated in the Bid Form and to the neat lines and grade as shown on the plans. 5. Payment:Payment for CRUSHED BASE COURSE will be made at the contract unit price bid per CUBIC YARD as indicated in the Bid Form. F. Bid Item No. 106—PRECAST CONCRETE BOX CULVERT: 1. Description: This item shall include furnishing and installing a three-sided precast 1 concrete box culvert with curbs as shown on the plans and Section 02645. The culvert shall meet HS-20-44 loading requirements. 2. Work required under this section shall include but not be limited to the following: ' a. Structural design; b. Providing submittals for culvert materials; C. Furnishing and installing the specified precast concrete box culvert and curbs; d. Connecting the precast concrete box culvert sections per manufacturer's recommendations; e. All labor, tools, equipment, materials, royalties and incidentals required to complete the work as specified. 3. Unit of Measurement: Linear Foot 4. Measurement: Measurement for PRECAST CONCRETE BOX CULVERT shall ' be per linear foot. 5. Payment: Payment for PRECAST CONCRETE BOX CULVERT will be per linear foot as indicated in the Bid Form. G. Bid Item No. 107—PRECAST CONCRETE FOOTINGS: 1. Description: This item shall include furnishing and installing precast concrete ' footings as shown on the plans. The precast concrete footings shall consist of precast reinforced concrete footing sections and all connection plate hardware and appurtenant items needed to assemble each joint section as shown on the plans. 2. Work required under this section shall include but not be limited to the following: 1 a. Structural design; b. Providing submittals for footing materials; C. Preparing subgrade; ' d. Furnishing and installing the specified precast concrete footings; e. Connecting the precast concrete footing sections per manufacturer's recommendations; ' SECTION 01275 MEASUREMENT AND PAYMENT PAGE 4 OF 5 ' f. All labor, tools, equipment, materials, royalties and incidentals required to complete the work as specified. 3. Unit of Measurement: Lump sum 4. Measurement: Measurement for PRECAST CONCRETE FOOTINGS shall be per ' lump sum. 5. Payment: Payment for PRECAST CONCRETE FOOTINGS will be per lump sum as indicated in the Bid Form. H. Bid Item No. 108—PRECAST CONCRETE WINGWALLS: 1. Description: This item shall include furnishing and installing precast concrete wingwalls as shown on the plans. The precast concrete wingwalls shall consist of precast reinforced concrete wingwalls with integral footings and all connection plate hardware and appurtenant items needed to connect each wingwall to the box culvert per manufacturer's recommendation. 2. Work required under this section shall include but not be limited to the following: a. Structural design; b. Providing submittals for wingwalls; C. Preparing subgrade; d. Furnishing and installing the specified precast concrete wingwalls; e. Connecting the precast concrete wingwalls to the box culvert per manufacturer's recommendations; f. All labor, tools, equipment, materials, royalties and incidentals required to complete the work as specified. 3. Unit of Measurement: Each 4. Measurement: Measurement for PRECAST CONCRETE WINGWALLS shall be per each. ' 5. Payment: Payment for PRECAST CONCRETE WINGWALLS will be per each as indicated in the Bid Form. 1. Bid Item No. 109. —OBJECT MARKERS 1. Description: This item includes the fabrication and installation of Object Markers (X1-1)(Type 3). 2. Work required under this section shall include,but not be limited to the ' following: a. Material submittals; b. Furnish and install of Object Markers and Posts; C. All labor,tools, equipment,materials,royalties and incidentals required to complete the work as specified. 3. Unit of Measurement: Each ' 4. Measurement: Measurement for OBJECT MARKERS shall be per each, as delineated on the plans. 5. Payment: Payment for OBJECT MARKERS shall be made at the contract unit price bid per each as indicated in the Bid Form. ' END OF SECTION SECTION 01275 MEASUREMENT AND PAYMENT PAGE50F5 1 SECTION 01290 PAYMENT PROCEDURES ' PART 1 -GENERAL ' 1.1 RELATED DOCUMENTS ' A. Drawings and Special Provisions of the Contract,including General and Supplementary Conditions and other Division 1 Specification Sections,apply to this Section. ' 1.2 SUMMARY ' A. This Section specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. B. Related Sections include the following: ' 1. Division 1 Section"Measurement and Payment' for administrative requirements governing use of unit prices. 2. Division 1 Section"Contract Modification Procedures" for administrative procedures for handling changes to the Contract. 3. Division 1 Section"Construction Progress Documentation" for administrative requirements governing preparation and submittal of contractor's Construction ' Schedule and Submittals Schedule. 1.3 APPLICATIONS FOR PAYMENT A. Each Application for Payment shall be consistent with previous applications and payments as certified by Engineer and paid for by Owner. 1. Initial Application for Payment, Application for Payment at time of Substantial Completion,and final Application for Payment involve additional requirements. B. Payment Application Forms: C-620 or Engineer approved equal. C. Application Preparation: Complete every entry on form. Notarize and execute by a ' person authorized to sign legal documents on behalf of Contractor.Engineer will return incomplete applications without action. 1. Include amounts of Change Orders and Construction Change Directives issued ' before last day of construction period covered by application. 2. Materials stored: Provide item description,relation of material to individual bid item,dollar value of material stored and dollar value of material in place. The amount allowed for material stored shall not exceed the value of material remaining to be installed less the value of installation. 3. Review all requests for payment with Resident Project Representative(RPR). Obtain concurrence of quantities with RPR prior to submitting request for payment to Engineer. SECTION 01290 PAYMENT PROCEDURES PAGE I OF 3 t D. Transmittal: Submit 3 signed and notarized original copies of each Application for Payment to Engineer by a method ensuring receipt within 24 hours. 1. One copy shall include waivers of lien and similar attachments if required. 2. Submit paid invoices for material in storage obtained from vendors or suppliers , after initial payment for said invoices has been made under previous progress payment. Payment for materials on hand will be made upon presentation of the initial invoice. No further payment will be made to Contractor for work or materials on hand until such time that proof of payment to producers or suppliers ' has been made in proportion to payments made to contractor. "Paid invoices will be submitted by Contractor to substantiate payment to producers or suppliers. 3. Transmit each copy with a transmittal form listing attachments and recording ' appropriate information about application. E. Submit final Application for Payment with or preceded by final waivers from every entity ' involved with performance of the Work covered by the application who is lawfully entitled to a lien. 1. Waiver Forms: Submit waivers of lien on forms,executed in a manner , acceptable to Owner. F. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following: , 1. List of subcontractors. 2. Contractor's Construction Schedule(preliminary if not final). 3. Products list. 4. Schedule of unit prices. 5. Submittals Schedule(preliminary if not final). 6. List of Contractor's staff assignments. 7. List of Contractor's principal consultants. 8. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work. 9. Initial progress report. 10. Report of preconstmction conference. 11. Certificates of insurance and insurance policies. 12. Performance and payment bonds. 13. Data needed to acquire Owner's insurance. G. Application for Payment at Substantial Completion: After issuing the Certificate of ' Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete. 1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum. H. Final Payment Application: Submit final Application for Payment with releases and ' supporting documentation not previously submitted and accepted, including,but not limited,to the following: 1. Evidence of completion of Project closeout requirements. 2. Insurance certificates for products and completed operations where required and , proof that taxes, fees,and similar obligations were paid. 3. Updated final statement,accounting for final changes to the Contract Sum. 4. Contractor's Affidavit of Release of Liens. 5. Consent of Surety to Final Payment. SECTION 01290 PAYMENT PROCEDURES PAGE 2 OF 3 6. Evidence that claims have been settled. ' 7. List of all claims against Owner that Contractor believes are unsettled. 8. Evidence of Insurance. 9. Final meter readings for utilities,a measured record of stored fuel,and similar ' data as of date of Substantial Completion or when Owner took possession of and assumed responsibility for corresponding elements of the Work. 10. Final, liquidated damages settlement statement. PART 2-PRODUCTS(Not Used) PART 3-EXECUTION(Not Used) iEND OF SECTION 1 SECTION 01290 PAYMENT PROCEDURES PAGE 3 OF 3 SECTION 01300 SUBMITTALS PART1-GENERAL 1.1 RELATED DOCUMENTS ' A. Drawings and Special Provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections,apply to this Section. ' 1.2 SUMMARY ' A. This Section includes administrative and procedural requirements for submitting Shop Drawings,Product Data,Samples,and other miscellaneous submittals. B. Related Sections include the following: 1. Division 1 Section"Payment Procedures" for submitting Applications for Payment. 2. Division 1 Section"Project Management and Coordination" for submitting ' Coordination Drawings. 3. Division 1 Section"Construction Progress Documentation" for submitting schedules and reports, including Contractor's Construction Schedule. 4. Division 1 Section"Contractor Quality Control and Owner Quality Assurance" for submitting test and inspection reports and Delegated-Design Submittals. ' 1.3 DEFINITIONS A. Action Submittals: Written and graphic information that requires Engineer's responsive ' action. B. Informational Submittals: Written information that does not require Engineer's approval. ' Submittals may be rejected for not complying with requirements. 1.4 SUBMITTAL PROCEDURES A. General: Electronic copies of CAD Drawings of the Contract Drawings will not be provided by Engineer for Contractor's use in preparing submittals. B. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication,purchasing,testing,delivery,other submittals,and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related parts of the ' Work so processing will not be delayed because of need to review submittals concurrently for coordination. SECPION 01300 ' SUBMITTALS PAGE 1 OF 7 a. Engineer reserves the right to withhold action on a submittal requiring ' coordination with other submittals until related submittals are received. C. Submittals Schedule: Comply with requirements in Division 1 Section"Construction Progress Documentation" for list of submittals and time requirements for scheduled ' performance of related construction activities. D. Direct Transmittal from Prime Contractor: Engineer will not accept submittals from ' anyone but the Prime Contractor. E. Processing Time: Allow enough time for submittal review, including time for , resubmittals, as follows. Time for review shall commence on Engineer's receipt of submittal. 1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if processing must be delayed to permit coordination with subsequent submittals.Engineer will advise Contractor when a submittal being processed must be delayed for coordination. 2. Allow 15 days for processing each resubmittal. , 3. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing. F. Identification: Place a permanent label or title block on each submittal for identification. ' 1. Indicate name of firm or entity that prepared each submittal on label or title block. ' 2. Provide a space approximately 4 by 5 inches (100 by 125 mm)on label or beside title block to record Contractor's review and approval markings and action taken by Engineer. ' 3. Include the following information on label for processing and recording action taken: a. Project name. b. Date. ' C. Name-and address of Engineer. d. Name and address of Contractor. e. Name and address of subcontractor. f. Name and address of supplier. g. Name of manufacturer. h. Unique identifier,including revision number. i. Number and title of appropriate Specification Section. G. Deviations: Highlight,encircle, or otherwise identify deviations from the Contract ' Documents on submittals. H. Additional Copies: Unless additional copies are required for final submittal, and unless Engineer observes noncompliance with provisions of the Contract Documents, initial submittal may serve as final submittal. I. Transmittal: Package each submittal individually and appropriately for transmittal and ' handling. Transmit each submittal using a transmittal form. Engineer will discard submittals received from sources other than Contractor. 1. On an attached separate sheet,prepared on Contractor's letterhead,record ' relevant information,requests for data,revisions other than those requested by SECTION 01300 , SUBMITTALS PAGE 2 OF 7 I Engineer on previous submittals,and deviations from requirements of the ' Contract Documents,including minor variations and limitations. Include the same label information as the related submittal. 2. Include Contractor's certification stating that information submitted complies ' with requirements of the Contract Documents. 3. Transmittal Form: Provide locations on form for the following information: a. Project name. ' b. Date. C. Destination(To:). d. Source(From:). e. Names of subcontractor,manufacturer,and supplier. f. Category and type of submittal. g. Submittal purpose and description. h. Submittal and transmittal distribution record. L Remarks. j. Signature of transmitter. ' J. Distribution: Furnish copies of final submittals to manufacturers,subcontractors, suppliers,fabricators,installers,authorities having jurisdiction,and others as necessary for performance of construction activities. Show distribution on transmittal forms. K. Use for Construction: Use only final submittals with mark indicating action taken by Engineer in connection with construction. ' PART2-PRODUCTS 2.1 ACTION SUBMITTALS ' A. General: Prepare and submit Action Submittals required by individual Specification Sections. 1. Number of Copies: Submit five copies of each submittal,unless otherwise ' indicated. Engineer will return two copies. Mark up and retain one returned copy as a Project Record Document. B. Product Data: Collect information into a single submittal for each element of ' construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard printed data are not suitable for use, submit as Shop Drawings,not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information,as applicable: ' a. Manufacturer's written recommendations. b. Manufacturer's product specifications. C. Manufacturer's installation instructions. d. Standard color charts. e. Manufacturer's catalog cuts. £ Wiring diagrams showing factory-installed wiring. g. Printed performance curves. ' h. Operational range diagrams. SECTION 01300 ' SUBMITTALS PAGE 3 OF 7 i. Mill reports. ' j. Standard product operating and maintenance manuals. k. Compliance with recognized trade association standards. 1. Compliance with recognized testing agency standards. ' M. Application of testing agency labels and seals. n. Notation of coordination requirements. C. Shop Drawings: Prepare Project-specific information,drawn accurately to scale. Do not ' base Shop Drawings on reproductions of the Contract Documents or standard printed data. 1. Preparation: Include the following information,as applicable: ' a. Dimensions. b. Identification of products. C. Fabrication and installation drawings. , d. Roughing-in and setting diagrams. e. Wiring diagrams showing field-installed wiring, including power, signal, and control wiring. f. Shopwork manufacturing instructions. g. Templates and patterns. h. Schedules. i. Design calculations. ' j. Compliance with specified standards. k. Notation of coordination requirements. 1. Notation of dimensions established by field measurement. 2. Wiring Diagrams: Differentiate between manufacturer-installed and field- installed wiring. 3. Sheet Size: Except for templates,patterns,and similar full-size drawings, submit ' Shop Drawings on sheets at least 8-1/2 by 11 inches(215 by 280 mm)but no larger than 30 by 40 inches(750 by 1000 mm). D. Coordination Drawings: Comply with requirements in Division 1 Section"Project Management and Coordination." E. Contractor's Construction Schedule: Comply with requirements in Division 1 Section ' "Construction Progress Documentation" for Construction Manager's action. F. Submittals Schedule: Comply with requirements in Division I Section"Construction ' Progress Documentation." G. Application for Payment: Comply with requirements in Division 1 Section"Payment Procedures." H. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work,including those who are to famish products or equipment ' fabricated to a special design. Include the following information in tabular form: 1. Name,address, and telephone number of entity performing subcontract or supplying products. 2. Number and title of related Specification Section(s)covered by subcontract. 3. Drawing number and detail references,as appropriate, covered by subcontract. SECTION 01300 SUBMITTALS PAGE 4 OF 7 I 2.2 INFORMATIONAL SUBMITTALS A. General: Prepare and submit Informational Submittals required by other Specification Sections. ' 1. Number of Copies: Submit two copies of each submittal,unless otherwise indicated. Engineer will not return copies. 2. Certificates and Certifications: Provide a notarized statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. ' 3. Test and Inspection Reports: Comply with requirements in Division 1 Section "Quality Requirements." B. Contractor's Construction Schedule: Comply with requirements in Division 1 Section "Construction Progress Documentation." C. Qualification Data: Prepare written information that demonstrates capabilities and ' experience of firm or person. Include lists of completed projects with project names and addresses,names and addresses of Engineers and owners,and other information specified. D. Product Certificates: Prepare written statements on manufacturer's letterhead certifying that product complies with requirements. E. Installer Certificates: Prepare written statements on manufacturer's letterhead certifying that Installer complies with requirements and,where required,is authorized for this specific Project. 1 F. Manufacturer Certificates: Prepare written statements on manufacturer's letterhead certifying that manufacturer complies with requirements. Include evidence of manufacturing experience where required. G. Material Certificates: Prepare written statements on manufacturer's letterhead certifying ' that material complies with requirements. H. Material Test Reports: Prepare reports written by a qualified testing agency,on testing ' agency's standard form, indicating and interpreting test results of material for compliance with requirements. I. Preconstruction Test Reports: Prepare reports written by a qualified testing agency, on ' testing agency's standard form,indicating and interpreting results of tests performed before installation of product,for compliance with performance requirements. I. Compatibility Test Reports: Prepare reports written by a qualified testing agency,on testing agency's standard form,indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion. K. Field Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form,indicating and interpreting results of field tests performed either SECTION 01300 ' SUBMITTALS PAGE 5 OF 7 during installation of product or after product is installed in its final location, for ' compliance with requirements. L. Product Test Reports: Prepare written reports indicating current product produced by manufacturer complies with requirements. Base reports on evaluation of tests performed ' by manufacturer and witnessed by a qualified testing agency,or on comprehensive tests performed by a qualified testing agency. M. Maintenance Data: Prepare written and graphic instructions and procedures for operation , and normal maintenance of products and equipment. Comply with requirements in Division 1 Section "Closeout Procedures and Operation and Maintenance Data." , N. Design Data: Prepare written and graphic information,including,but not limited to, performance and design criteria, list of applicable codes and regulations,and calculations. Include list of assumptions and other performance and design criteria and a summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers. O. Manufacturer's Instructions: Prepare written or published information that documents , manufacturer's recommendations,guidelines, and procedures for installing or operating a product or equipment. Include name of product and name,address,and telephone ' number of manufacturer. Include the following,as applicable: 1. Preparation of substrates. 2. Required substrate tolerances. 3. Sequence of installation or erection. 4. Required installation tolerances. 5. Required adjustments. 6. Recommendations for cleaning and protection. , P. Manufacturer's Field Reports: Prepare written information documenting factory- authorized service representative's tests and inspections. Include the following,as ' applicable: 1. Name, address,and telephone number of factory-authorized service representative making report. , 2. Statement on condition of substrates and their acceptability for installation of product. 3. Statement that products at Project site comply with requirements. , 4. Summary of installation procedures being followed,whether they comply with requirements and,if not, what corrective action was taken. 5. Results of operational and other tests and a statement of whether observed performance complies with requirements. , 6. Statement whether conditions,products, and installation will affect warranty. 7. Other required items indicated in individual Specification Sections. Q. Insurance Certificates and Bonds: Prepare written information indicating current status of insurance or bonding coverage. Include name of entity covered by insurance or bond, limits of coverage, amounts of deductibles,if any, and term of the coverage. R. Material Safety Data Sheets: Submit information directly to Owner. If submitted to Engineer,Engineer will not review this information but will return it with no action , taken. SECTION 01300 SUBMITTALS ' PAGE 6 OF"7 ' PART 3 -EXECUTION 3.1 CONTRACTOR'S REVIEW tA. Review each submittal and check for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to ' Engineer. B. Approval Stamp: Stamp each submittal with a uniform,approval stamp. Include Project name and location, submittal number,Specification Section title and number,name of reviewer,date of Contractor's approval,and statement certifying that submittal has been reviewed,checked,and approved for compliance with the Contract Documents. 3.2 ENGINEER'S ACTION ' A. General: Engineer will not review submittals that do not bear Contractor's approval stamp and will return them without action. ' B. Action Submittals: Engineer will review each submittal,make marks to indicate corrections or modifications required,and return it. Engineer will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken,as ' follows: I. No Exceptions Noted 2. Exceptions Noted 3. Returned For Correction ' C. Informational Submittals: Engineer will review each submittal and will not return it,or will reject and return it if it does not comply with requirements. Engineer will forward ' each submittal to appropriate party. D. Submittals not required by the Contract Documents will not be reviewed and may be ' discarded. END OF SECTION ' SECTION 01300 SUBMITTALS PAGE 7 OF 7 SECTION 01320 ' CONSTRUCTION PROGRESS DOCUMENTATION PART 1-GENERAL. 1 1.1 RELATED DOCUMENTS ' A. Drawings and Special Provisions of the Contract,including General and Supplementary Conditions and other Division 1 Specification Sections,apply to this Section. ' 1.2 SUMMARY ' A. This Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work,including the following: 1. Preliminary Construction Schedule. 2. Contractor's Construction Schedule. 3. Submittals Schedule. 4. Daily construction reports. ' B. Related Sections include the following: 1. Division 1 Section"Payment Procedures" for submitting the Schedule of Values. ' 2. Division 1 Section"Project Coordination" for submitting and distributing meeting and conference minutes. 3. Division 1 Section"Submittals" for submitting schedules and reports. 4. Division 1 Section"Contractor Quality Control and Owner Quality Assurance" ' for submitting a schedule of tests and inspections. 5. Division 1 Section"Contract Closeout" for submitting photographic negatives as Project Record Documents at Project closeout. ' 1.3 DEFINITIONS ' A. Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring,and controlling the construction project. Activities included in a construction schedule consume time and resources. ' 1. Critical activities are activities on the critical path. They must start and finish on the planned early start and finish times. 2. Predecessor activity is an activity that must be completed before a given activity ' can be started. B. Event: The starting or ending point of an activity. C. Float: The measure of leeway in starting and completing an activity. 1. Float time is not for the exclusive use or benefit of either Owner or Contractor, ' but is a jointly owned,expiring Project resource available to both parties as needed to meet schedule milestones and Contract completion date. ' SECTION 01320 CONSTRUCTION PROGRESS DOCUMENTATION PAGE l OF 4 2. Free float is the amount of time an activity can be delayed without adversely ! affecting the early start of the following activity. 3. Total float is the measure of leeway in starting or completing an activity without adversely affecting the planned Project completion date. ' D. Fragnet: A partial or fragmentary network that breaks down activities into smaller activities for greater detail. E. Milestone: A key or critical point in time for reference or measurement. ! F. Network Diagram: A graphic diagram of a network schedule,showing activities and , activity relationships. 1.4 SUBMITTALS ' A. Qualification Data: For firms and persons specified in"Quality Assurance"Article to demonstrate their capabilities and experience. Include lists of completed projects with ! project names and addresses,names and addresses of Engineers and owners, and other information specified. B. Preliminary Construction Schedule: Submit two printed copies;one a single sheet of ' reproducible media,and one a print. C. Contractor's Construction Schedule: Submit two printed copies of initial schedule,one a ! reproducible print and one a blue-or black-line print, large enough to show entire schedule for entire construction period. ! D. Daily Construction Reports: Submit 2 copies at monthly intervals. 1.5 COORDINATION ! A. Coordinate preparation and processing of schedules and reports with performance of ' construction activities and with scheduling and reporting of separate contractors. B. Coordinate Contractor's Construction Schedule,list of subcontracts, Submittals Schedule, ! progress reports,payment requests,and other required schedules and reports. 1. Secure time commitments for performing critical elements of the Work from parties involved. 2. Coordinate each construction activity in the network with other activities and ! schedule them in proper sequence. PART2-PRODUCTS ! 2.1 CONTRACTOR'S CONSTRUCTION SCHEDULE,GENERAL ! A. Time Frame: Extend schedule from date established for the Notice to Proceed to date of ! Substantial Completion. SECTION 01320 ' CONSTRUCTION PROGRESS DOCUMENTATION PAGE 2 OF 4 ! ' 1. Contract completion date shall not be changed by submission of a schedule that shows an early completion date,unless specifically authorized by Change Order. 2. Procurement Activities: Include procurement process activities for long lead ' items and major items,requiring a cycle of more than 60 days,as separate activities in schedule. Procurement cycle activities include,but are not limited to,submittals,approvals,purchasing,fabrication, and delivery. 3. Submittal Review Time: Include review and resubmittal times indicated in ' Division 1 Section"Submittal Procedures"in schedule. Coordinate submittal review times in Contractor's Construction Schedule with Submittals Schedule. 4. Startup and Testing Time: Include time for startup and testing. ' 5. Substantial Completion: Indicate completion in advance of date established for Substantial Completion,and allow time for Engineer's administrative procedures necessary for certification of Substantial Completion. ' B. Constraints: Include constraints and work restrictions indicated in the Contract Documents and as follows in schedule,and show how the sequence of the Work is ' affected. C. Milestones: Include milestones indicated in the Contract Documents in schedule, including,but not limited to,the Notice to Proceed, Substantial Completion,and Final Completion. D. Contract Modifications: For each proposed contract modification and concurrent with its submission,prepare a time-impact analysis using fragnets to demonstrate the effect of the proposed change on the overall project schedule. 2.2 PRELIMINARY CONSTRUCTION SCHEDULE A. Bar-Chart Schedule: Submit preliminary horizontal bar-chart-type construction schedule ' at the preconstruction conference. B. Preparation: Indicate each significant construction activity separately. Identify first workday of each week with a continuous vertical line. Outline significant construction activities for construction.Include cash requirement prediction based on indicated actrvl activities. ' 2.3 REPORTS r ' A. Daily Construction Reports: Prepare a daily construction report recording the following information concerning events at Project site: 1. List of subcontractors at Project site. ' 2. List of separate contractors at Project site. 3. Approximate count of personnel at Project site. 4. High and low temperatures and general weather conditions. 5. Accidents. 6. Meetings and significant decisions. 7. Daily work progress. ' 8. Unusual events(refer to special reports). 9. Stoppages, delays, shortages, and losses. ' SECTION 01320 CONSTRUCTION PROGRESS DOCUMENTATION PAGE 3 OF 4 10. Meter readings and similar recordings. ' 11. Emergency procedures. 12. Orders and requests of authorities having jurisdiction. 13. Change Orders received and implemented. ' 14. Work Change Directives received. 15. Services connected and disconnected. 16. Equipment or system tests and startups. ' 17. Partial Completions and occupancies. 18. Substantial Completions authorized. PART 3-EXECUTION 3.1 CONTRACTOR'S CONSTRUCTION SCHEDULE , A. Contractor's Construction Schedule Updating: At monthly intervals,update schedule to , reflect actual construction progress and activities. Issue schedule one week before each regularly scheduled progress meeting. 1. Revise schedule immediately after each meeting or other activity where revisions ' have been recognized or made. Issue updated schedule concurrently with the report of each such meeting. 2. Include a report with updated schedule that indicates every change, including,but not limited to,changes in logic,durations, actual starts and finishes,and activity ' durations. 3. As the Work progresses, indicate Actual Completion percentage for each activity. B. Distribution: Distribute copies of approved schedule to Engineer, Owner,separate ' testing and inspecting agencies, and other parties identified by Contractor with a need-to- know schedule responsibility. , 1. Post copies in Project meeting rooms and temporary field offices. 2. When revisions are made, distribute updated schedules to the same parties and post in the same locations. Delete parties from distribution when they have ' completed their assigned portion of the Work and are no longer involved in performance of construction activities. END OF SECTION SECTION 01320 , CONSTRUCTION PROGRESS DOCUMENTATION PAGE 4 OF 4 SECTION 01400 ' CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE PART 1 -GENERAL 1.1 RELATED DOCUMENTS ' A. Drawings and Special Provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections,apply to this Section. ' 1.2 SUMMARY ' A. This Section includes administrative and procedural requirements for quality assurance and quality control. ' B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. ' 1. Specific quality-control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products. ' 2. Specified tests,inspections,and related actions do not limit Contractor's quality- control procedures that facilitate compliance with the Contract Document requirements. 3. Requirements for Contractor to provide quality-control services required by Engineer,Owner,or authorities having jurisdiction are not limited by provisions of this Section. C. Related Sections include the following: 1. Division 1 Section"Construction Progress Documentation" for developing a schedule of required tests and inspections. ' 2. Divisions 2 through 16 Sections for specific test and inspection requirements. ' 1.3 DEFINITIONS A. Quality-Assurance Services: Activities,actions,and procedures performed before and during execution of the Work to guard against defects and deficiencies and ensure that ' proposed construction complies with requirements. B. Quality-Control Services: Tests, inspections,procedures,and related actions during and ' after execution of the Work to evaluate that completed construction complies with requirements. Services do not include contract enforcement activities performed by Engineer. ' C. Testing Agency: An entity engaged to perform specific tests,inspections,or both. Testing laboratory shall mean the same as testing agency. ' SECTION 01400 CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE PAGE I OF 5 1.4 SUBMITTALS ' A. Qualification Data: For testing agencies specified in"Quality Assurance"Article to demonstrate their capabilities and experience. Include proof of qualifications in the form ' of a recent report on the inspection of the testing agency by a recognized authority. B. Reports: Prepare and submit certified written reports that include the following: ' 1. Date of issue. 2. Project title and number. 3. Name, address,and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. , 5. Names of individuals making tests and inspections. 6. Description of the Work and test and inspection method. 7. Identification of product and Specification Section. , 8. Complete test or inspection data. 9. Test and inspection results and an interpretation of test results. 10. Ambient conditions at time of sample taking and testing and inspecting. ' 11. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. 12. Name and signature of laboratory inspector. 13. Recommendations on retesting and reinspecting. ' C. Permits,Licenses,and Certificates: For Owner's records, submit copies of permits, licenses,certifications,inspection reports, releases,jurisdictional settlements,notices, ' receipts for fee payments,judgments,correspondence,records,and similar documents, established for compliance with standards and regulations bearing on performance of the Work. , 1.5 QUALITY ASSURANCE ' A. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance,as well as sufficient production capacity to produce required units. ' B. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of ' manufacturer's products that are similar in material,design,and extent to those indicated for this Project. C. Installer Qualifications: A firm or individual experienced in installing,erecting,or ' assembling work similar in material,design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service , performance. D. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service ' performance. SECTION 01400 ' CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE PAGE 2 OF 5 ' E. Testing Agency Qualifications: An agency with the experience and capability to conduct testing and inspecting indicated,as documented by ASTM E 548,and that specializes in types of tests and inspections to be performed. ' F. Preconstruction Testing: Testing agency shall perform preconstruction testing for compliance with specified requirements for performance and test methods. 1. Contractor responsibilities include the following: a. Provide test specimens and assemblies representative of proposed materials and construction. Provide sizes and configurations of assemblies to adequately demonstrate capability of product to comply ' with performance requirements. b. Submit specimens in a timely manner with sufficient time for testing and analyzing results to prevent delaying the Work. 2. Testing Agency Responsibilities: Submit a certified written report of each test, inspection,and similar quality-assurance service to Engineer,with copy to Contractor. Interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from the Contract Documents. 1.6 QUALITY CONTROL A. Owner Responsibilities: Where quality-control services are indicated as Owner's responsibility,Owner will engage a qualified testing agency or Engineer to perform these services. I. Owner will furnish Contractor with names,addresses, and telephone numbers of testing agencies engaged and a description of the types of testing and inspecting ' they are engaged to perform. 2. Costs for retesting and reinspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Contractor. B. Contractor Responsibilities: Unless otherwise indicated,provide quality-control services specified and required by authorities having jurisdiction. ' 1. Where services are indicated as Contractor's responsibility,engage a qualified testing agency to perform these quality-control services. a. Contractor shall not employ the same entity engaged by Owner,unless ' agreed to in writing by Owner. 2. Notify testing agencies at least 24 hours in advance of time when Work that requires testing or inspecting will be performed. ' 3. Where quality-control services are indicated as Contractor's responsibility, submit a certified written report,in duplicate,of each quality-control service. 4. Testing and inspecting requested by Contractor and not required by the Contract ' Documents are Contractor's responsibility. 5. Submit additional copies of each written report directly to authorities having jurisdiction,when they so direct. ' C. Manufacturer's Field Services: Where indicated,engage a factory-authorized service representative to inspect field-assembled components and equipment installation, including service connections. Report results in writing. SECTION 01400 CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE PAGE 3 OF 5 D. Retesting/Reinspecting: Regardless of whether original tests or inspections were ' Contractor's responsibility,provide quality-control services,including retesting and reinspecting, for construction that revised or replaced Work that failed to comply with requirements established by the Contract Documents. ' E. Testing Agency Responsibilities: Cooperate with Engineer and Contractor in performance of duties. Provide qualified personnel to perform required tests and ' inspections. 1. Notify Engineer and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. 2. Interpret tests and inspections and state in each report whether tested and ' inspected work complies with or deviates from requirements. 3. Submit a certified written report,in duplicate, of each test,inspection, and similar quality-control service through Contractor. ' 4. Do not release,revoke,alter,or increase requirements of the Contract Documents or approve or accept any portion of the Work. 5. Do not perform any duties of Contractor. ' F. Associated Services: Cooperate with agencies performing required tests, inspections,and similar quality-control services,and provide reasonable auxiliary services as requested. ' Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: I. Access to the Work. 1 Incidental labor and facilities necessary to facilitate tests and inspections. ' 3. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. 4. Facilities for storage and field-curing of test samples. , 5. Delivery of samples to testing agencies. 6. Preliminary design mix proposed for use for material mixes that require control by testing agency. , 7. Security and protection for samples and for testing and inspecting equipment at Project site. G. Coordination: Coordinate sequence of activities to accommodate required quality- , assurance and quality-control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. 1. Schedule times for tests,inspections,obtaining samples,and similar activities. PART 2 - PRODUCTS (Not Used) ' PART 3 -EXECUTION , 3.1 REPAIR AND PROTECTION A. General: On completion of testing,inspecting,sample taking, and similar services,repair damaged construction and restore substrates and finishes. SECTION 01400 ' CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE PAGE 4 OF 5 1 1. Provide materials and comply with installation requirements specified in other Sections of these Specifications. Restore patched areas and extend restoration into adjoining areas in a manner that eliminates evidence of patching. B. Protect construction exposed by or for quality-control service activities. C. Repair and protection are Contractors responsibility, regardless of the assignment of ' responsibility for quality-control services. ' END OF SECTION ' SECTION 01400 CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE PAGE 5 OF 5 1 ' SECTION 01500 ' CONSTRUCTION AND TEMPORARY FACILITIES PART 1 -GENERAL 1.1 RELATED DOCUMENTS ' A. Drawings and Special Provisions of the Contract,including General and Supplementary Conditions and other Division 1 Specification Sections,apply to this Section. ' 1.2 SUMMARY A. This Section includes requirements for temporary facilities and controls,including temporary utilities, support facilities, and security and protection facilities. B. Temporary utilities include,but are not limited to, the following: 1. Sewers and drainage. 2. Water service and distribution. ' 3. Sanitary facilities,including toilets,wash facilities,and drinking-water facilities. 4. Heating and cooling facilities. 5. Ventilation. ' 6. Electric power service. 7. Lighting. 8. Telephone service. ' C. Support facilities include,but are not limited to,the following: 1. Temporary roads and paving. 2. Dewatering facilities and drains. 3. Project identification and temporary signs. 4. Waste disposal facilities. 5. Field offices. 6. Storage and fabrication sheds. 7. Lifts and hoists. 8. Temporary elevator usage. ' 9. Temporary stairs. 10. Construction aids and miscellaneous services and facilities. D. Security and protection facilities include,but are not limited to,the following: 1. Environmental protection. 2. Stormwater control. 3. Tree and plant protection. 4. Pest control. 5. Site enclosure fence. 6. Security enclosure and lockup. ' 7. Barricades,warning signs,and lights. 8. Covered walkways. ' SECTION 01500 CONSTRUCTION AND TEMPORARY FACILITIES PAGE I OF 7 9. Temporary enclosures. 10. Temporary partitions. ' 11. Fire protection. E. Related Sections include the following: ' 1. Division 1 Section"Submittals" for procedures for submitting copies of implementation and termination schedule and utility reports. 2. Division 1 Section"Execution Requirements" for progress cleaning requirements. 1.3 DEFINITIONS ' A. Permanent Enclosure: As determined by Engineer,permanent or temporary roofmg is complete,insulated,and weathertight; exterior walls are insulated and weathertight; and all openings are closed with permanent construction or substantial temporary closures. 1.4 USE CHARGES ' A. General: Cost or use charges for temporary facilities are not chargeable to Owner or Engineer and shall be included in the Contract Sum. Allow other entities to use temporary services and facilities without cost, including,but not limited to,the following: 1. Owner's construction forces. , 2. Occupants of Project. 3. Engineer. 4. Testing agencies. ' 5. Personnel of authorities having jurisdiction. B. Electric Power Service: Pay electric power service use charges,whether metered or ' otherwise, for electricity used by all entities engaged in construction activities at Project site. 1.5 QUALITY ASSURANCE ' A. Standards: Comply with ANSI A10.6,NECA's "Temporary Electrical Facilities," and NFPA 241. 1. Trade Jurisdictions: Assigned responsibilities for installation and operation of temporary utilities are not intended to interfere with trade regulations and union jurisdictions. , 2. Electric Service: Comply with NECA,NEMA,and UL standards and regulations for temporary electric service. Install service to comply with ' NFPA 70. 3. B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each ' temporary utility before use. Obtain required certifications and permits. SECTION 01500 ' CONSTRUCTION AND TEMPORARY FACILITIES PAGE 2 OF 7 i i1.6 PROJECT CONDITIONS A. Conditions of Use: The following conditions apply to use of temporary services and i facilities by all parties engaged in the Work: I. Keep temporary services and facilities clean and neat. 2. Relocate temporary services and facilities as required by progress of the Work. iPART 2-PRODUCTS i2.1 MATERIALS i A. General: Provide new materials. Undamaged,previously used materials in serviceable condition may be used if approved by Engineer. Provide materials suitable for use intended. iB. Water: Potable. i2.2 EQUIPMENT A. General: Provide equipment suitable for use intended. iB. Field Offices:Mobile units or other suitable unit with lockable entrances,operable windows, and serviceable finishes;heated and air conditioned;on foundations adequate i for normal loading. C. Fire Extinguishers: Hand carried,portable,UL rated Provide class and extinguishing i agent as indicated or a combination of extinguishers of NFPA-recommended classes for exposures. 1. Comply with NFPA 10 and NFPA 241 for classification,extinguishing agent, and size required by location and class of fire exposure. iD. Self-Contained Toilet Units: Single-occupant units of chemical,aerated recirculation,or combustion type;vented;fully enclosed with a glass-fiber-reinforced polyester shell or isimilar nonabsorbent material. E. Drinking-Water Fixtures: Containerized,tap-dispenser,bottled-water drinking-water i units, including paper cup supply. F. Heating Equipment: Unless Owner authorizes use of permanent heating system,provide vented, self-contained, liquid-propane-gas or fuel-oil heaters with individual space i thermostatic control. 1. Use of gasoline-burning space heaters, open-flame heaters, or salamander-type heating units is prohibited. i 2. Heating Units: Listed and labeled,by a testing agency acceptable to authorities having jurisdiction,and marked for intended use for type of fuel being consumed. i G. Electrical Outlets: Properly configured,NEMA-polarized outlets to prevent insertion of 110-to 120-V plugs into higher-voltage outlets;equipped with ground-fault circuit interrupters,reset button,and pilot light. i SECTION 01500 CONSTRUCTION AND TEMPORARY FACILITIES PAGE 3 OF 7 1 H. Power Distribution System Circuits: Where permitted and overhead and exposed for ' surveillance,wiring circuits,not exceeding 125-V ac, 20-A rating,and lighting circuits may be nonmetallic sheathed cable. PART 3-EXECUTION , 3.1 INSTALLATION,GENERAL ' A. Locate facilities where they will serve Project adequately and result in minimum , interference with performance of the Work. Relocate and modify facilities as required. B. Provide each facility ready for use when needed to avoid delay. Maintain and modify as ' required. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. 3.2 TEMPORARY UTILITY INSTALLATION ' A. General: Engage appropriate local utility company to install temporary service or connect to existing service. Where utility company provides only part of the service, provide the remainder with matching, compatible materials and equipment. Comply with utility company recommendations. ' 1. Arrange with utility company, Owner,and existing users for time when service can be interrupted, if necessary,to make connections for temporary services. 2. Provide adequate capacity at each stage of construction. Before temporary utility ' is available,provide trucked-in services. 3. Obtain easements to bring temporary utilities to Project site where Owners easements cannot be used for that purpose. ' B. Sanitary Facilities: Provide temporary toilets,wash facilities,and drinking-water fixtures. Comply with regulations and health codes for type,number,location,operation, and maintenance of fixtures and facilities. ' 1. Disposable Supplies: Provide toilet tissue,paper towels,paper cups,and similar disposable materials for each facility. Maintain adequate supply. Provide covered waste containers for disposal of used material. ' 2. Toilets: Install self-contained toilet units. Shield toilets to ensure privacy. 3. Drinking-Water Facilities: Provide bottled-water,drinking-water units. C. Heating and Cooling: Provide temporary heating and cooling required by construction , activities for curing or drying of completed installations or for protecting installed constriction from adverse effects of low temperatures or high humidity. Select ' equipment from that specified that will not have a harmful effect on completed installations or elements being installed. D. Electric Distribution: Provide receptacle outlets adequate for connection of power tools ' and equipment. 1. Provide waterproof connectors to connect separate lengths of electrical power cords if single lengths will not reach areas where construction activities are in ' progress. Do not exceed safe length-voltage ratio. SECTION 01500 ' CONSTRUCTION AND TEMPORARY FACILMES PAGE 4 OF 7 t ' 3.3 SUPPORT FACILITIES INSTALLATION A. General: Comply with the following: 1. Locate field offices,storage sheds,sanitary facilities,and other temporary construction and support facilities for easy access. B. Temporary Roads and Paved Areas: Construct and maintain temporary roads and paved areas adequate to support loads and to withstand exposure to traffic during construction period. Locate temporary roads and paved areas within construction limits indicated on Drawings. ' 1. Provide dust-control treatment that is nonpolluting and nontracking. Reapply treatment as required to minimize dust. C. Traffic Controls: Provide temporary traffic controls at junction of temporary roads with public roads. Include warning signs for public traffic and"STOP" signs for entrance onto public roads. Comply with requirements of authorities having jurisdiction. D. Be responsible for dust control,providing all equipment and personnel for the work. Furnish Engineer with the name(s) and telephone numbers(s)of the person(s)responsible for dust control during evenings and weekends. If a responsible person cannot be contacted or does not respond,Owner may perform or contract out dust control duties at Contract's expense. E. Dewatering Facilities and Drains: Comply with requirements in applicable Division 2 Sections for temporary drainage and dewatering facilities and operations not directly associated with construction activities included in individual Sections. Where feasible, use same facilities. Maintain Project site,excavations, and construction free of water. 1. Dispose of rainwater in a lawful manner that will not result in flooding Project or adjoining property nor endanger permanent Work or temporary facilities. 2. Remove snow and ice as required to minimise accumulations. F. Project Identification and Temporary Signs: Prepare Project identification and other signs in sizes indicated. Install signs where indicated to inform public and persons ' seeking entrance to Project. Do not permit installation of unauthorized signs. 1. Engage an experienced sign painter to apply graphics for Project identification signs. Comply with details indicated. 2. Prepare temporary signs to provide directional information to construction personnel and visitors. 3. Construct signs of exterior-type Grade B-B high-density concrete form overlay plywood in sizes and thicknesses indicated. Support on posts or framing of preservative-treated wood or steel. 4. Paint sign panel and applied graphics with exterior-grade alkyd gloss enamel over exterior primer. G. Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to handle waste from construction operations. Containerize and clearly label hazardous, dangerous,or unsanitary waste materials separately from other waste. Comply with Division 1 Section"Execution Requirements" for progress cleaning requirements. 1. If required by authorities having jurisdiction,provide separate containers,clearly ' labeled,for each type of waste material to be deposited. SECTION 01500 CONSTRUCTION AND TEMPORARY FACILITIES PAGE50F7 3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION , A. Environmental Protection: Provide protection,operate temporary facilities,and conduct construction in ways and by methods that comply with environmental regulations and that minimize possible air,waterway,and subsoil contamination or pollution or other undesirable effects. Avoid using tools and equipment that produce harmful noise. Restrict use of noisemaking tools and equipment to hours that will minimize complaints , from persons or firms near Project site. B. Stormwater Control: Provide earthen embankments and similar barriers in and around excavations and subgrade construction, sufficient to prevent flooding by runoff of stormwater from heavy rains. C. Barricades,Warning Signs, and Lights: Comply with standards and code requirements for erecting structurally adequate barricades. Paint with appropriate colors, graphics,and warning signs to inform personnel and public of possible hazard. Where appropriate and needed,provide lighting,including flashing red or amber lights. D. Temporary Enclosures: Provide temporary enclosures for protection of construction,in progress and completed, from exposure, foul weather,other construction operations,and similar activities. Provide temporary weathertight enclosure for building exterior. 1. Where heating or cooling is needed and permanent enclosure is not complete, provide insulated temporary enclosures. Coordinate enclosure with ventilating and material drying or curing requirements to avoid dangerous conditions and effects. 2. Vertical Openings: Close openings of 25 sq. ft. (2.3 sq. m)or less with plywood or similar materials. 3. Horizontal Openings: Close openings in floor or roof decks and horizontal surfaces with load-bearing,wood-framed construction. 4. Install tarpaulins securely using fire-retardant-treated wood framing and other materials. E. Temporary Fire Protection: Until fire-protection needs are supplied by permanent ' facilities,install and maintain temporary fire-protection facilities of types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 241. 1. Provide fire extinguishers,installed on walls on mounting brackets,visible and 1 accessible from space being served,with sign mounted above. a. Field Offices: Class A stored-pressure water-type extinguishers. 2. Store combustible materials in containers in fire-safe locations. ' 3. Maintain unobstructed access to fire extinguishers, fire hydrants,temporary fire- protection facilities, stairways,and other access routes for firefighting. Prohibit smoking in hazardous fire-exposure areas. ' 4. Supervise welding operations, combustion-type temporary heating units,and similar sources of fire ignition. 3.5 OPERATION,TERMINATION,AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. SECTION 01500 CONSTRUCTION AND TEMPORARY FACILITIES PAGE 6 OF 7 W B. Maintenance: Maintain facilities in good operating condition until removal. Protect from damage caused by freezing temperatures and similar elements. 1. Maintain operation of temporary enclosures,heating,cooling,humidity control, ventilation,and similar facilities on a 24-hour basis where required to achieve indicated results and to avoid possibility of damage. 2. Prevent water-filled piping from freezing. Maintain markers for underground lines. Protect from damage during excavation operations. C. Termination and Removal: Remove each temporary facility when need for its service has ended,when it has been replaced by authorized use of a permanent facility,or no later than Substantial Completion. Complete or,if necessary,restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. Materials and facilities that constitute temporary facilities are the property of Contractor. Owner reserves right to take possession of Project identification signs. 1 END OF SECTION I i SECTION 01500 CONSTRUCTION AND TEMPORARY FACILITIES PAGE 7 OF 7 SECTION 01600 PRODUCT REQUIREMENTS PART1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and Special Provisions of the Contract,including General and Supplementary Conditions and other Division 1 Specification Sections,apply to this Section. 1.2 SUMMARY A. This Section includes the following administrative and procedural requirements: selection of products for use in Project;product delivery, storage, and handling; manufacturers'standard warranties on products; special wan-antics;product substitutions; and comparable products. B. Related Sections include the following: 1. Division 1 Section"References" for applicable industry standards for products specified. 2. Division I Section"Contract Closeout" for submitting warranties for contract closeout. 1 3. Divisions 2 through 16 Sections for specific requirements for warranties on products and installations specified to be warranted. 1.3 DEFINITIONS A. Products: Items purchased for incorporating into the Work,whether purchased for Project or taken from previously purchased stock. The term"product" includes the terms "material," "equipment," "system,"and terms of similar intent. 1. Named Products: Items identified by manufacturer's product name, including ' make or model number or other designation, shown or listed in manufacturer's published product literature that is current as of date of the Contract Documents. 2. New Products: Items that have not previously been incorporated into another ' project or facility. Products salvaged or recycled from other projects are not considered new products. 3. Comparable Product: Product that is demonstrated and approved through ' submittal process, or where indicated as a product substitution,to have the indicated qualities related to type, function,dimension,in-service performance, physical properties,appearance, and other characteristics that equal or exceed those of specified product. B. Substitutions: Changes in products,materials,equipment, and methods of construction ' from those required by the Contract Documents and proposed by Contractor. SECTION 01600 PRODUCT REQUIREMENTS PAGE I OF 5 C. Basis-of-Design Product Specification: Where a specific manufacturer's product is named including make or model number or other designation,to establish the significant qualities related to type, function,dimension,in-service performance,physidal properties, appearance,and other characteristics for purposes of evaluating comparable products of other named manufacturers. D. Manufacturer's Warranty: Preprinted written warranty published by individual manufacturer for a particular product and specifically endorsed by manufacturer to Owner. E. Special Warranty: Written warranty required by or incorporated into the Contract Documents,either to extend time limit provided by manufacturer's warranty or to provide more rights for Owner. 1.4 SUBMITTALS A. Substitution Requests: Submit three copies of each request for consideration. Identify ' product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. Substitution Request Form: 2. Documentation: Show compliance with requirements for substitutions and the following, as applicable: a. Statement indicating why specified material or product cannot be provided. b. Coordination information,including a list of changes or modifications needed to other parts of the Work and to construction performed by Owner and separate contractors that will be necessary to accommodate proposed substitution. C. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Significant qualities may include attributes such as performance, weight, size, durability,visual effect,and specific features and requirements indicated. d. Product Data,including drawings and descriptions of products and fabrication and installation procedures. e. Samples,where applicable or requested. f. List of similar installations for completed projects with project names and addresses and names and addresses of Engineers and owners. g. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. , h. Detailed comparison of Contractor's Construction Schedule using proposed substitution with products specified for the Work,including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time,include letter from manufacturer,on manufacturer's letterhead, stating lack of availability or delays in delivery. i. Cost information,including a proposal of change, if any,in the Contract Sum. SECTION 01600 PRODUCT REQUIREMENTS PAGE 2 OF 5 , j. Contractor's certification that proposed substitution complies with requirements in the Contract Documents and is appropriate for applications indicated. k. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results. 3. Engineer's Action: If necessary,Engineer will request additional information or documentation for evaluation within one week of receipt of a request for substitution. Engineer will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request,or 7 days of receipt of additional information or documentation,whichever is later. a. Form of Acceptance: Change Order. b. Use product specified if Engineer cannot make a decision on use of a proposed substitution within time allocated. B. Basisof-Design Product Specification Submittal: Comply with requirements in Division 1 Section"Submittal Procedures." Show compliance with requirements. 1.5 QUALITY ASSURANCE A. Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project,product selected shall be compatible with products previously selected,even if previously selected products were also options. ' 1.6 PRODUCT DELIVERY, STORAGE,AND HANDLING A. Deliver,store,and handle products using means and methods that will prevent damage, deterioration,and loss,including theft. Comply with manufacturer's written instructions. 1. Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces. 2. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable,hazardous,easily damaged, or sensitive to deterioration,theft,and other losses. 3. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system,complete with labels and instructions for handling,storing,unpacking,protecting,and installing. 4. Inspect products on delivery to ensure compliance with the Contract Documents and to ensure that products are undamaged and properly protected. 5. Store products to allow for inspection and measurement of quantity or counting of units. 6. Store materials in a manner that will not endanger Project structure. 7. Store products that are subject to damage by the elements,under cover in a weathertight enclosure above ground,with ventilation adequate to prevent condensation. 8. Comply with product manufacturer's written instructions for temperature, humidity,ventilation,and weather-protection requirements for storage. 9. Protect stored products from damage. SECTION 01600 PRODUCT REQUIREMENTS PAGE 3 OF 5 1.7 PRODUCT WARRANTIES A. Warranties specified in other Sections shall be in addition to,and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents. B. Special Warranties: Prepare a written document that contains appropriate terms and identification,ready for execution. Submit a draft for approval before final execution. 1. Refer to Divisions 2 through 16 Sections for specific content requirements and particular requirements for submitting special warranties. C. Submittal Time: Comply with requirements in Division 1 Section"Closeout Procedures." PART 2 -PRODUCTS 2.1 PRODUCT OPTIONS A. General Product Requirements: Provide products that comply with the Contract i Documents, that are undamaged,and unless otherwise indicated,that are new at time of installation. 1. Provide products complete with accessories,trim,finish,fasteners,and other items needed for a complete installation and indicated use and effect. 2. Standard Products: If available,and unless custom products or nonstandard options are specified,provide standard products of types that have been produced and used successfully in similar situations on other projects. 3. Or Equal: Where products are specified by name and accompanied by the term "or equal" or"or approved equal"or"or approved,"comply with provisions in "Comparable Products"Article to obtain approval for use of an unnamed product. B. Product Selection Procedures: Procedures for product selection include the following: 1. Product: Where Specification paragraphs or subparagraphs titled"Product"name a single product and manufacturer,provide the product named. a. Substitutions may be considered. 2. Products: Where Specification paragraphs or subparagraphs titled"Products" introduce a list of names of both products and manufacturers,provide one of the products listed that complies with requirements. a. Substitutions may be considered,unless otherwise indicated. 3. Manufacturers: Where Specification paragraphs or subparagraphs titled "Manufacturers" introduce a list of manufacturers'names,provide a product by one of the manufacturers listed that complies with requirements. ■ a. Substitutions may be considered,unless otherwise indicated. SECTION 01600 PRODUCT REQUIREMENTS PAGE 4 OF 5 1 2.2 PRODUCT SUBSTITUTIONS A. Timing: Engineer will consider requests for substitution if received within 30 days after the Notice of Award. Requests received after that time may be considered or rejected at discretion of Engineer. B. Conditions: Engineer will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied,Engineer will return requests without action,except to record noncompliance with these requirements: 1. Requested substitution offers Owner a substantial advantage in cost,time,energy conservation,or other considerations,after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Engineer for redesign and evaluation services,increased cost of other construction by Owner,and similar considerations. 2. Requested substitution does not require extensive revisions to the Contract Documents. 3. Requested substitution is consistent with the Contract Documents and will produce indicated results. 4. Substitution request is fully documented and properly submitted. 5. Requested substitution will not adversely affect Contractor's Construction Schedule. 6. Requested substitution has received necessary approvals of authorities having jurisdiction. 7. Requested substitution is compatible with other portions of the Work. 8. Requested substitution has been coordinated with other portions of the Work. 9. Requested substitution provides specified warranty. 2.3 COMPARABLE PRODUCTS A. Where products or manufacturers are specified by name, submit the following,in addition to other required submittals,to obtain approval of an unnamed product: 1. Evidence that the proposed product does not require extensive revisions to the Contract Documents,that it is consistent with the Contract Documents and will produce the indicated results,and that it is compatible with other portions of the Work. 2. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant qualities include attributes such as ' performance,weight,size, durability, visual effect,and specific features and requirements indicated. 3. Evidence that proposed product provides specified warranty. 4. List of similar installations for completed projects with project names and addresses and names and addresses of Engineers and owners,if requested. 5. Samples,if requested. ' PART 3 -EXECUTION(Not Used) END OF SECTION SECTION 01600 PRODUCT REQUIREMENTS PAGE 5 OF 5 iSECTION 01700 CONTRACT CLOSEOUT PART1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and Special Provisions of the Contract,including General and Supplementary Conditions and other Division 1 Specification Sections,apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for contract closeout, including,but not limited to,the following: 1. Inspection procedures. 2. Project Record Documents. 3. Operation and maintenance manuals. 4. Warranties. 5. Instruction of Owner's personnel. 6. Final cleaning. B. Related Sections include the following: 1. Payment for Substantial and Final Completion. 2. Division 1 Section"Construction Progress Documentation" for submitting Final Completion construction photographs and negatives. 3. Division 1 Section"Execution Requirements" for progress cleaning of Project site. 4. Divisions 2 through 16 Sections for specific closeout and special cleaning requirements for products of those Sections. 1 1.3 SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting inspection for determining date of Substantial ' Completion,complete the following. List items below that are incomplete in request. 1. Prepare a list of items to be completed and corrected(punch list),the value of items on the list, and reasons why the Work is not complete. 2. Advise Owner of pending insurance changeover requirements. 3. Submit specific warranties,Performance bonds,maintenance service agreements, final certifications,and similar documents. 4. Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits,operating certificates, and similar releases. 5. Prepare and submit Project Record Documents,operation and maintenance manuals,damage or settlement surveys,property surveys, and similar final record information. ' SECTION 01700 CONTRACT CLOSEOUT PAGE 1 OF 7 1 6. Deliver tools, spare parts,extra materials, and similar items to location designated by Owner. Label with manufacturer's name and model number where applicable. 7. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's personnel of changeover in security provisions. 8. Complete startup testing of systems. 9. Submit test/adjust/balance records. 10. Terminate and remove temporary facilities from Project site,construction tools, and similar elements. 11. Advise Owner of changeover in heat and other utilities. 12. Submit changeover information related to Owner's occupancy,use,operation, and maintenance. 13. Complete final cleaning requirements, including touchup painting. 14. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. B. Inspection: Submit a written request for inspection for Substantial Completion. On receipt of request,Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Engineer,that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 2. Results of completed inspection will form the basis of requirements for Final Completion. C. There will only be a single Substantial Completion document issued for each Contract. The warrantee period will begin at the issuance date of the Substantial Completion document representing all schedules covered under Contract. There will not be , individual warrantee periods for each schedule or portions thereof this project. 1.4 FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining date of Final Completion,complete the following: 1. Submit a final Application for Payment according to Division I Section 'Payment Procedures." 2. Submit certified copy of Engineer's Substantial Completion inspection list of , items to be completed or corrected(punch list),endorsed and dated by Engineer. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 3. Submit evidence of final, continuing insurance coverage complying with insurance requirements. 4. Submit evidence that bonds shall be in effect until one year after the date when final payment becomes due or until completion of the correction period specified, whichever is later. 5. Instruct Owner's personnel in operation,adjustment, and maintenance of products, equipment,and systems. SECTION 01700 ' CONTRACT CLOSEOUT PAGE 2 OF 7 B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request,Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare a final Certificate for Payment after inspection or ' will notify Contractor of construction that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 1.5 LIST OF INCOMPLETE ITEMS(PUNCH LIST) A. Preparation: Submit three copies of list. Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including,if necessary,areas disturbed by Contractor that are outside the limits of construction. 1. Organize list of areas in sequential order. ' 2. Organize items applying to each area by maj or element. 3. Include the following information at the top of each page: a. Project name. ' b. Date. C. Name of Engineer. d. Name of Contractor. e. Page number. 1.6 PROJECT RECORD DOCUMENTS jA. General: Do not use Project Record Documents for construction purposes. Protect Project Record Documents from deterioration and loss. Provide access to Project Record Documents for Engineer's reference during normal working hours. B. Record Drawings: Maintain and submit one set of blue-or black-line white prints of Contract Drawings and Shop Drawings. I. Mark Record Prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor,or similar entity,to ' prepare the marked-up Record Prints. a. Give particular attention to information on concealed elements that cannot be readily identified and recorded later. ' b. Accurately record information in an understandable drawing technique. C. Record data as soon as possible after obtaining it. Record and check the markup before enclosing concealed installations. d. Mark Contract Drawings or Shop Drawings,whichever is most capable of showing actual physical conditions,completely and accurately. Where Shop Drawings are marked,show cross-reference on Contract Drawings. 2. Mark record sets with erasable,red-colored pencil. Use other colors to distinguish between changes for different categories of the Work at the same location. 3. Mark important additional information that was either shown schematically or omitted from original Drawings. SECTION 01700 CONTRACT CLOSEOUT PAGE 3 OF 7 1 4. Note Construction Change Directive numbers,Change Order numbers,alternate numbers,and similar identification where applicable. 5. Identify and date each Record Drawing; include the designation "PROJECT RECORD DRAWING"in a prominent location. Organize into manageable sets; bind each set with durable paper cover sheets. Include identification on cover sheets. C. Miscellaneous Record Submittals: Assemble miscellaneous records required by other Specification Sections for miscellaneous record keeping and submittal in connection with actual performance of the Work. Bind or file miscellaneous records and identify each, ready for continued use and reference. 1.7 OPERATION AND MAINTENANCE MANUALS A. Assemble a complete set of operation and maintenance data indicating the operation and maintenance of each system, subsystem, and piece of equipment not part of a system. Include operation and maintenance data required in individual Specification Sections and as follows: 1. Operation Data: a. Emergency instructions and procedures. b. System, subsystem, and equipment descriptions, including operating standards. C. Operating procedures,including startup, shutdown, seasonal,and weekend operations. d. Description of controls and sequence of operations. e. Outline, cross section, and assembly drawings,engineering data,and wiring diagrams. f. Test data and performance curves,where applicable. g. Piping diagrams. 2. Maintenance Data: a. Manufacturer's information, including list of spare parts. b. Name, address,and telephone number of Installer or supplier. C. Maintenance procedures. d. Maintenance and service schedules for preventive and routine maintenance. e. Maintenance record forms. f. Guide to"troubleshooting". g. Sources of spare parts and maintenance materials. h. Copies of maintenance service agreements. ' i. Copies of warranties and bonds. B. Organize operation and maintenance manuals into suitable sets of manageable size. Bind and index data in heavy-duty, 3-ring,vinyl-covered, loose-leaf binders,in thickness necessary to accommodate contents,with pocket inside the covers to receive folded oversized sheets. Identify each binder on front and spine with the printed title "OPERATION AND MAINTENANCE MANUAL," Project name, and subject matter of contents. SECTION 01700 , CONTRACT CLOSEOUT PAGE 4 OF 7 1.8 WARRANTIES A. Submittal Time: Submit written warranties on request of Engineer for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated. B. Contractor's General Warranty and Guarantee: The Contractor shall guarantee all materials and equipment furnished and work performed for a period of one(1)year from the date of Substantial Completion. The Contractor warrants and guarantees for a period of one(1)year from the date of Substantial Completion of the system that the completed system is free from all defects due to faulty materials or workmanship and the Contractor shall promptly make such corrections as may be necessary by reason of such defects, including the repairers of the damage of other parts of the system resulting from such defects. The Owner will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make such repairs,adjustments,or other work that may be made necessary by such defects,the Owner may do so and charge the Contractor the cost there by incurred. The Performance Bond and Payment Bond shall remain in full force and effect through the guarantee period. C. Provide additional copies of each warranty to include in operation and maintenance manuals. 1 PART2 -PRODUCTS 2.1 MATERIALS A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. PART 3-EXECUTION 3.1 DEMONSTRATION AND TRAINING A. Instruction: Instruct Owner's personnel to adjust,operate, and maintain systems, subsystems,and equipment not part of a system. 1. Provide instructors experienced in operation and maintenance procedures. 2. Provide instruction at mutually agreed-on times. For equipment that requires seasonal operation,provide similar instruction at the start of each season. 3. Schedule training with Owner,through Engineer,with at least seven days' advance notice. 4. Coordinate instructors,including providing notification of dates,times,length of instruction,and course content. B. Program Structure: Develop an instruction program that includes individual training modules for each system and equipment not part of a system, as required by individual SECTION 01700 CONTRACT CLOSEOUT PAGE 5 OF 7 Specification Sections. For each training module, develop a learning objective and teaching outline. Include instruction for the following: 1. System design and operational philosophy. 2. Review of documentation. 3. Operations. 4. Adjustments. 5. Troubleshooting. 6. Maintenance. 7. Repair. 3.2 FINAL CLEANING , A. General: Provide final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a portion of Project: a. Clean Project site,yard, and grounds, in areas disturbed by construction activities,including landscape development areas, of rubbish,waste material, litter,broken pipe, sheeting, worn-out parts, rejected materials, concrete,asphalt and other foreign substances. b. Remove excess piles of gravel or soil deposited throughout project. C. Final grade in unpaved and ungraveled areas with a motor patrol. d. Remove all loose rocks,boulders, and coarse gravel pushed into a berm by final grading. e. Restore surface drainage to original condition unless otherwise detailed in the project plans and specifications. E Sweep paved areas broom clean. Remove petrochemical spills,stains, and other foreign deposits. g. Rake grounds that are neither planted nor paved to a smooth,even- textured surface. ' h. Remove tools,construction equipment,machinery, and surplus material from Project site. i. Clean exposed exterior and interior hard-surfaced finishes to a dirt-free condition, free of stains, films,and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition. j. Remove debris and surface dust from limited access spaces,including roofs,plenums,shafts,trenches,equipment vaults,manholes,attics, and similar spaces. k. Sweep concrete floors broom clean in unoccupied spaces. 1. Clean transparent materials, including mirrors and glass in doors and windows. Remove glazing compounds and other noticeable,vision- obscuring materials. Replace chipped or broken glass and other SECTION 01700 CONTRACT CiASEOUT PAGE 6 OF 7 r ' damaged transparent materials. Polish mirrors and glass,taking care not to scratch surfaces. M. Remove labels that are not permanent. r n. Touch up and otherwise repair and restore marred,exposed finishes and surfaces. Replace finishes and surfaces that cannot be satisfactorily repaired or restored or that already show evidence of repair or restoration. r 0. Do not paint over"UL" and similar labels,including mechanical and electrical nameplates. P. Wipe surfaces of mechanical and electrical equipment,and similar equipment. Remove excess lubrication,paint and mortar droppings,and other foreign substances. q. Replace parts subject to unusual operating conditions. C. Comply with safety standards for cleaning. Do not bum waste materials. Do not bury debris or excess materials on Owner's property. Do not discharge volatile,harmful,or dangerous materials into drainage systems. Remove waste materials from Project site and dispose of lawfully. rEND OF SECTION r r � r r 1 r I i r SECTION 01700 CONTRACT CLOSEOUT PAGE 7 OF 7 1 r ' SECTION 01730 ' EXECUTION REQUIREMENTS PART 1-GENERAL 1.1 RELATED DOCUMENTS rA. Drawings and Special Provisions of the Contract,including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. ' 1.2 SUMMARY r A. This Section includes general procedural requirements governing execution of the Work including,but not limited to,the following: 1. Construction layout. r 2. Field engineering and surveying. 3. General installation of products. 4. Coordination of Owner-installed products. r 5. Dust Control 6. Progress cleaning. 7. Starting and adjusting. r 8. Protection of installed construction. 9. Correction of the Work. B. Related Sections include the following: Division I Section Project Coordination" for procedures for coordinating field engineering with other construction activities. 2. Division 1 Section"Submittals" for submitting surveys. r 3. Division 1 Section"Contract Closeout" for submitting final property survey with Project Record Documents,recording of Owner-accepted deviations from indicated lines and levels,and final cleaning. ' PART 2-PRODUCTS(Not Used) rPART 3 -EXECUTION r3.1 EXAMINATION r A. Existing Conditions: The existence and location of site improvements,utilities,and other construction indicated as existing are not guaranteed. Before beginning work,investigate and verify the existence and location of mechanical and electrical systems and other construction affecting the Work. 1. Before construction,verify the location and points of connection of utility services. r SECTION 01730 EXECUTION REQUIREMENTS PAGE 1 OF 6 r r B. Existing Utilities: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence and location of underground utilities and other construction affecting the Work. r 1. Before construction,verify the location and invert elevation at points of connection of sanitary sewer, storm sewer,and water-service piping; and underground electrical services. , 2. Furnish location data for work related to Project that must be performed by public utilities serving Project site. 3.2 PREPARATION , A. Existing Utility Information: Furnish information to local utility that is necessary to , adjust,move, or relocate existing utility structures,utility poles, lines, services,or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction. , B. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: ' 1. Notify Engineer not less than two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Engineer's written permission. ' C. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are r indicated to fit to other construction,verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. ' D. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. E. Review of Contract Documents and Field Conditions: Immediately on discovery of the , need for clarification of the Contract Documents, submit a request for information to Engineer. Include a detailed description of problem encountered,together with r recommendations for changing the Contract Documents. 3.3 CONSTRUCTION LAYOUT ' A. Verification: Before proceeding to lay out the Work, verify layout information shown on Drawings, in relation to the property survey and existing benchmarks. If discrepancies are discovered,notify Engineer promptly. B. General: Engage a land surveyor to lay out the Work using accepted surveying practices. 1. Establish benchmarks and control points to set lines and levels. 2. Establish dimensions within tolerances indicated. Do not scale Drawings to obtain required dimensions. 3. Inform installers of lines and levels to which they must comply. SECTION 01730 , EXECUTION REQUIREMENTS PAGE 2 OF 6 1 ' 4. Check the location, level and plumb,of every major element as the Work progresses. 5. Notify Engineer when deviations from required lines and levels exceed allowable tolerances. 6. Close site surveys with an error of closure equal to or less than the standard established by authorities having jurisdiction. C. Site Improvements: Locate and lay out site improvements,including pavements,grading, fill and topsoil placement,utility slopes, and invert elevations. D. Record Log: Maintain a log of layout control work. Record deviations from required lines and levels. Include beginning and ending dates and times of surveys,weather conditions,name and duty of each survey party member,and types of instruments and ' tapes used. Make the log available for reference by Engineer. ' 3.4 FIELD ENGINEERING A. Identification: Owner and Engineer will identify existing benchmarks,control points, and property comers to the best of his knowledge. The Contractor will have the ultimate responsibility to locate,recognize and preserve all of these that are encountered. B. Retain a license land surveyor,at the Contractor's expense,to replace any survey corners, property pins,or highway right-of-way monuments removed or damaged during construction. ' C. Reference Points: Locate existing permanent benchmarks,control points,and similar reference points before beginning the Work. Preserve and protect permanent benchmarks and control points during construction operations. ' 1. Do not change or relocate existing benchmarks or control points without prior written approval of Engineer. Report lost or destroyed permanent benchmarks or control points promptly. Report the need to relocate permanent benchmarks or ' control points to Engineer before proceeding. 2. Replace lost or destroyed permanent benchmarks and control points promptly. Base replacements on the original survey control points. ' D. Benchmarks: Establish and maintain a minimum of two permanent benchmarks on Project site,referenced to data established by survey control points. Comply with authorities having jurisdiction for type and size of benchmark. 1. Record benchmark locations,with horizontal and vertical data,on Project Record Documents. 2. Where the actual location or elevation of layout points cannot be marked,provide temporary reference points sufficient to locate the Work. 3. Remove temporary reference points when no longer needed. Restore marked construction to its original condition. ' 3.5 INSTALLATION 1 A. General: Locate the Work and components of the Work accurately,in correct alignment and elevation,as indicated. SECTION 01730 EXECUTION REQUIREMENTS PAGE3OF6 1. Make vertical work plumb and make horizontal work level. 2. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. B, Comply with manufacturer's written instructions and recommendations for installing ' products in applications indicated. C. Install products at the time and under conditions that will ensure the best possible results. r Maintain conditions required for product performance until Substantial Completion. D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy. E. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels. ' F. Anchors and Fasteners: Provide anchors and fasteners as required to anchor each component securely in place,accurately located and aligned with other portions of the Work. G. Hazardous Materials: Use products,cleaners, and installation materials that are not considered hazardous. 3.6 DUST CONTROL , A. Be responsible for dust control, providing all equipment and personnel for the work. Furnish Engineer with the name(s) and telephone numbers(s) of the person(s)responsible for dust control during evenings and weekends. If a responsible person cannot be contacted or does not respond, Owner may perform or contract out dust control duties at Contract's expense. 3.7 PROGRESS CLEANING A. General: Clean Project site and work areas daily, including common areas. Remove and properly dispose of excess material accumulated from demolition and construction(such as piles of gravel or soil, broken concrete,debris,papers,rejected materials,wom-out equipment parts,etc.)from the project site at the Contractor's expense. Coordinate progress cleaning for joint-use areas where more than one installer has worked. Enforce requirements strictly. Dispose of materials lawfully. , 1. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris. 2. Do not hold materials more than 7 days during normal weather or 3 days if the , temperature is expected to rise above 80 deg F(27 deg Q. 3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally,according to , regulations. B. Site: Maintain Project site free of waste materials and debris. SECTION 01730 EXECUTION REQUIREMENTS PAGE 4 OF 6 r I C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. 1. Remove liquid spills promptly. ' D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed,using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space. F. Exposed Surfaces: Clean exposed surfaces and protect as necessary to ensure freedom ' from damage and deterioration at time of Substantial Completion. G. Cutting and Patching: Clean areas and spaces where cutting and patching are performed. I Completely remove paint,mortar,oils,putty, and similar materials. 1. Thoroughly clean piping,conduit,and similar features before applying paint or other finishing materials. Restore damaged pipe covering to its original condition. H. Waste Disposal: Burying or burning waste materials on-site will not be permitted. Washing waste materials down sewers or into waterways will not be permitted. II. During handling and installation,clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. J. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. K. Limiting Exposures: Supervise construction operations to assure that no part of the I construction, completed or in progress,is subject to harmful,dangerous,damaging,or otherwise deleterious exposure during the construction period. ' 3.8 STARTING AND ADJUSTING A. Start equipment and operating components to confirm proper operation. Remove malfunctioning units,replace with new units, and retest. B. Adjust operating components for proper operation without binding. Adjust equipment for ' proper operation. C. Test each piece of equipment to verify proper operation. Test and adjust controls and ' safeties. Replace damaged and malfunctioning controls and equipment. D. Manufacturer's Field Service: If a factory-authorized service representative is required to inspect field-assembled components and equipment installation,comply with qualification requirements in Division 1 Section"Quality Requirements." ' SECTION 01730 EXECUTION REQUIREMENTS PAGE 5 OF 6 1 3.9 PROTECTION OF INSTALLED CONSTRUCTION ' A. Provide final P rotection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. , 3.10 CORRECTION OF THE WORK A. Repair or remove and replace defective construction. 1. Repairing includes replacing defective parts,refinishing damaged surfaces, touching up with matching materials,and properly adjusting operating equipment. B. Restore permanent facilities used during construction to their specified condition. ' C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without visible evidence of repair. D. Repair components that do not operate properly. Remove and replace operating components that cannot be repaired. E. Remove and replace chipped, scratched,and broken glass or reflective surfaces. t END OF SECTION t i SECTION 01730 , EXECUTION REQUIREMENTS PAGE 6 OF 6 1 1 DIVISION 2 SITE CONSTRUCTION 1 1 � 1 1 1 1 1 1 1 1 I 1 r 1 SECTION 02232 SITE CLEARING PART 1 -GENERAL ' 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract,including General and Supplementary ' Conditions and Division 1 Specification Sections,apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Protecting existing trees and vegetation to remain. 2. Removing trees and other vegetation. 3. Clearing and grubbing. 4. Topsoil stripping. 5. Removing above-grade site improvements. 11 6. Disconnecting,capping or sealing, and abandoning site utilities in place. 7. Disconnecting,capping or sealing,and removing site utilities. 11 B. Related Sections include the following: 1. Division I Section"Construction and Temporary Facilities" for temporary utilities, temporary construction and support facilities, temporary security and protection 'I facilities,and environmental protection measures during site operations. 2. Division 2 Section"Earthwork" for soil materials,excavating,backfilling,and site grading. 11 3. Division 2 Section"Seeding" for finish grading, including placing and preparing topsoil for lawns and planting. 1.3 DEFINITIONS ' A. Topsoil: Natural or cultivated surface-soil layer containing organic matter and sand, silt, and clay particles; friable,pervious, and black or a darker shade of brown,gray,or red than underlying subsoil; reasonably free of subsoil,clay lumps, gravel,and other objects more than 2 inches(50 mm)in diameter;and free of weeds,roots, and other deleterious materials. 1.4 MATERIALS OWNERSHIP A. Except for materials indicated to be stockpiled or to remain Owner's property,cleared materials shall become Contractor's property and shall be removed from the site. 1.5 SUBMITTALS ' A. Photographs or videotape,sufficiently detailed,of existing conditions of trees and plantings,adjoining construction, and site improvements that might be misconstrued as I damage caused by site clearing. B. Record drawings according to Division I Section"Closeout Procedures." SECTION 02232 SITE CLEARING PAGE 1 OF 4 I. Identify and accurately locate capped utilities and other subsurface structural, ' electrical,and mechanical conditions. 1.6 PROJECT CONDITIONS A. Traffic: Minimize interference with adjoining roads, streets,walks,and other adjacent , occupied or used facilities during site-clearing operations. 1. Do not close or obstruct streets,walks,or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. 2. Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. ' B. Improvements on Adjoining Property: Work on adjoining properties is not included in the scope of this project. ' C. Salvageable Improvements: Carefully remove items indicated to be salvaged and store on Owner's premises where indicated. , D. Notify utility locator service for area where Project is located before site clearing. PART2-PRODUCTS 2.1 SOIL MATERIALS A. Satisfactory Soil Materials: Requirements for satisfactory soil materials are specified in ' Division 2 Section"Earth Work." 1. Obtain approved borrow soil materials off-site when satisfactory soil materials are ' not available on-site. PART 3 -EXECUTION ' 3.1 PREPARATION A. Protect and maintain benchmarks and survey control points from disturbance during construction. B. Provide erosion-control measures to prevent soil erosion and discharge of soil-bearing ' water runoff or airborne dust to adjacent properties and walkways. C. Locate and clearly flag trees and vegetation to remain or to be relocated. ' D. Protect existing site improvements to remain from damage during construction. 1. Restore damaged improvements to their original condition, as acceptable to Owner. ' 3.2 TREE PROTECTION A. Erect and maintain a temporary fence around drip line of individual trees or around perimeter drip line of groups of trees to remain. Remove fence when construction is ' complete. 1. Do not store construction materials,debris, or excavated material within drip line of remaining trees. 2. Do not permit vehicles,equipment,or foot traffic within drip line of remaining trees. SECTION 02232 , SITE CLEARING PAGE 2 OP 4 B. Do not excavate within drip line of trees,unless otherwise indicated. C. Where excavation for new construction is required within drip line of trees,hand clear ' and excavate to minimize damage to root systems. Use narrow-tine spading forks,comb soil to expose roots,and cleanly cut roots as close to excavation as possible. 1. Cover exposed roots with burlap and water regularly. ' 2. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil. 3. Coat cut faces of roots more than 1-1/2 inches(38 mm)in diameter with an emulsified asphalt or other approved coating formulated for use on damaged plant tissues. 4. Cover exposed roots with wet burlap to prevent roots from drying out. Backfill with soil as soon as possible. D. Repair or replace trees and vegetation indicated to remain that are damaged by construction operations,in a manner approved by Engineer. ' 1. Employ a qualified arbarist,licensed in jurisdiction where Project is located,to submit details of proposed repairs and to repair damage to trees and shrubs. 2. Replace trees that cannot be repaired and restored to full-growth status,as determined by the qualified arborist. E. Transplant trees and vegetation indicated to be relocated to the location designated by the Engineer,in a manner approved by Engineer. 1. Employ a qualified arborist or landscaping expert,licensed in jurisdiction where Project is located,to transplant trees and shrubs. 2. Operation shall be completed in such manner as to protect the root wad of the tree or other vegetation. 3.3 UTILITIES ' A. Owner will arrange for disconnecting and sealing indicated utilities that serve existing structures before site clearing when requested by Contractor. ' 1. Verify that utilities have been disconnected and capped before proceeding with site clearing. B. Locate,identify,disconnect,and seal or cap off utilities indicated to be removed. 1. Owner will arrange to shut off indicated utilities when requested by Contractor. 2. Arrange to shut off indicated utilities with utility companies. ' C. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: ' 1. Notify Engineer not less than two weeks in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Engineer's written permission. ' D. Excavate for and remove underground utilities indicated to be removed. SECTION 02232 SITE CLEARING PAGE 3 OF 4 3.4 CLEARING AND GRUBBING A. Remove obstructions,trees, shrubs, grass,and other vegetation to permit installation of new construction. Removal includes digging out stumps and obstructions and grubbing roots. I. Do not remove trees, shrubs,and other vegetation indicated to remain or to be relocated. 2. Cut minor roots and branches of trees indicated to remain in a clean and careful , manner where such roots and branches obstruct installation of new construction. 3. Completely remove stumps,roots,obstructions, and debris extending to a depth of 18 inches(450 mm)below exposed subgrade. 4. Use only hand methods for grabbing within drip line of remaining trees. B. Fill depressions caused by clearing and grubbing operations with satisfactory soil , material,unless further excavation or earthwork is indicated. 1. Place fill material in horizontal layers not exceeding 8-inch(200-mm) loose depth, and compact each layer to a density equal to adjacent original ground. 3.5 TOPSOIL STRIPPING , A. Remove sod and grass before stripping topsoil. B. Strip topsoil to whatever depths are encountered in a manner to prevent intermingling with underlying subsoil or other waste materials. ' 1. Strip surface soil of unsuitable topsoil, including trash,debris,weeds,roots, and other waste materials. C. Stockpile topsoil materials away from edge of excavations without intermixing with ' subsoil. Grade and shape stockpiles to drain surface water. I. Do not stockpile topsoil within drip line of remaining trees. 2. Dispose of excess topsoil as specified for waste material disposal. , 3. Stockpile surplus topsoil and allow for respreading deeper topsoil. 3.6 SITE IMPROVEMENTS ' A. Remove existing above-and below-grade improvements as indicated and as necessary to facilitate new construction. ' B. Remove slabs,paving,curbs, gutters,and aggregate base as indicated. 1. Unless existing fulldepth joints coincide with line of demolition,neatly saw-cut ' length of existing pavement to remain before removing existing pavement. Saw-cut faces vertically. 3.7 DISPOSAL ' A. Disposal: Remove surplus soil material,unsuitable topsoil,obstructions,demolished materials, and waste materials, including trash and debris,and legally dispose of them off ' Owner's property. END OF SECTION SECTION 02232 SITE CLEARING ' PAGE 4 OF 4 SECTION 02300 EART$WORK PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract,including General and Supplementary Conditions,Division 1 Specification Sections and Special Provisions apply to this Section. ' 1.2 SUMMARY A. This Section includes the following: 1. Preparing subgrades for slabs-on-grade and lawns and grasses. ' 2. Excavating and backfilling for buildings, structures and retaining walls. 3. Drainage course for slabs-on-grade. 4. Subsurface drainage backfill for walls. 1 B. Related Sections include the following: 1. Division 1 Section "Temporary Facilities and Controls"for temporary controls, ' utilities, and support facilities. 2. Division 2 Section"Site Clearing" for temporary erosion and sedimentation control measures,site stripping,grubbing, stripping and stockpiling topsoil, and removal of above-and below-grade improvements and utilities. 3. Division 2 Section 02221 "Trench Excavation and Backfill for Piplines& Appurtenant Structures. 4. Division 2 Section 02230"Street Excavation,Backfill and Compaction" 5. Division 2 Section"Fowable Fill"for controlled low strength material. 6. Division 3 Section Structural Concrete"for granular course if placed over vapor retarder and beneath the slab-on-grade. 7. Divisions 2, 15,and 16 Sections for installing underground mechanical and electrical utilities and buried mechanical and electrical structures. ' 1.3 DEFINITIONS A. Borrow Soil: Satisfactory soil imported from off-site for use as fill or backfill. B. Drainage Course: Course supporting the slab-on-grade that also minimizes upward capillary flow of pore water. C. Excavation: Removal of material encountered above subgrade elevations and to lines and dimensions indicated. 1. Authorized Additional Excavation. Excavation below subgrade elevations or ' beyond indicated lines and dimensions as directed by Engineer. Authorized additional excavation and replacement material will be paid for according to Section 01275 "Measurement and Payment or Contract provisions for changes in the Work. ' 2. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions without direction by Engineer. Unauthorized ' SECTION 02300 EARTHWORK PAGE 1 OF 8 i excavation,as well as remedial work directed by Engineer,shall be without 1 additional compensation. D. Fill: Soil materials used to raise existing grades. 1 E. Rock: Rock material in beds, ledges,unstmtified masses, conglomerate deposits,and boulders of rock material 1 cubic yard or more in volume that exceed a standard penetration resistance of 100 blows/2 inches when tested by an independent geotechnical testing agency, according to ASTM D 1586. F. Structures: Buildings, footings, foundations,retaining walls, slabs,tanks,curbs, , mechanical and electrical appurtenances,or other man-made stationary features constructed above or below the ground surface. G. Subgrade: Surface or elevation remaining after completing excavation,or top surface of 1 a fill or backfill immediately below subbase, drainage fill,or topsoil materials. H. Utilities: On-site underground pipes, conduits, ducts, and cables, as well as underground 1 services within buildings. 1.4 SUBMITTALS 1 A. Material Test Reports: From a qualified testing agency indicating and interpreting test ' results for compliance of the following with requirements indicated: 1. Classification according to ASTM D 2487 of each on-site and borrow soil material proposed for fill and backfill. 2. Laboratory compaction curve according to ASTM D 698 for each on-site and , borrow soil material proposed for fill and backfill. B. When, in the opinion of the Engineer,the field soil conditions differ from those ' represented by the material test reports,new samples shall be taken by the Contractor and delivered to the testing agency for classification and laboratory compaction curve testing. All testing shall be based on the appropriate soil test results. 1 1.5 All ASSURANCE A. Geotechnical Testing Agency Qualifications: An independent testing agency qualified 1 according to ASTM E 329 to conduct soil materials and rock-definition testing,as documented according to ASTM D 3740 and ASTM E 548. 1.6 PROJECT CONDITIONS A. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or ' others unless permitted in writing by Engineer and then only after arranging to provide temporary utility services according to requirements indicated. 1. Notify Engineer not less than two weeks in advance of proposed utility 1 interruptions. 2. Do not proceed with utility interruptions without Engineer's written permission. 3. Contact utility-locator service for area where Project is located before excavating. , SECTION 02300 1 EARTHWORK PAGE 2 OF 8 B. Demolish and completely remove from site existing underground utilities indicated to be removed. Coordinate with utility companies to shut off services if lines are active. ' PART2-PRODUCTS 2.1 SOIL MATERIALS A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations. ' B. Satisfactory Soils: ASTM D 2487 Soil Classification Groups GW, GP,GM, SW, SP, and SM or a combination of these groups; free of rock or gravel larger than 3 inches(75 mm)] in any dimension, debris,waste,frozen materials,vegetation, and other deleterious ' matter. C. Unsatisfactory Soils: Soil Classification Groups GC, SC,CL,ML,OL,CH,MH,OH, ' and PT according to ASTM D 2487, or a combination of these groups. D. Unsatisfactory soils also include satisfactory soils not maintained within 2 percent of ' optimum moisture content at time of compaction. E. Structural Fill: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone,and natural or crushed sand;per Geotechnical Evaluation;with 100 ' percent passing a 3-inch(75-mm) sieve,25 percent to 60 percent passing a No. 4(4.75- mm)and not more than 12 percent passing a No. 200 (0.075-mm) sieve, ' F. Bedding Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone,and natural or crushed sand;ASTM D 2940;except with 100 percent passing a 1-inch(25-mm)sieve and not more than 8 percent passing a No.200 (0.075- mm) sieve. G. Drainage Course: Narrowly graded mixture of washed crushed stone, or crushed or ' uncrushed gravel; ASTM D 448; coarse-aggregate grading Size 57;with 100 percent passing a 3/4-inch(37.5-mm)sieve and 0 to 5 percent passing a No. 8 (2.36-mm) sieve. H. Filter Ma Y graded terial: Narrowl mixture of natural or crushed gravel,or crushed stone and natural sand; ASTM D 448;coarse-aggregate grading Size 67; with 100 percent passing a 1-inch(25-mm) sieve and 0 to 5 percent passing allo. 4 (4.75-mm) sieve. I ' I. Sand: ASTM C 33; fine aggregate,natural,or manufactured sand. J. Impervious Fill: Clayey gravel and sand mixture capable of compacting to a dense state. K. Fine grained Liner Subgrade: Naturally or artificially graded mixture of soil with 100 percent passing a 1/2 inch sieve and 50 percent passing a No. 200 Sieve. tPART 3 -EXECUTION ' 3.1 PREPARATION ' SECTION 02300 EARTHWORK PAGE 3 OF 8 A. Protect structures,utilities, sidewalks,pavements, and other facilities from damage ' caused by settlement,lateral movement,undermining,washout, and other hazards created by earthwork operations. B. Preparation of subgrade for earthwork operations including removal of vegetation, , topsoil,debris,obstructions, and deleterious materials from ground surface is sp ecified in Division 2 Section"Site Clearing." C. Protect and maintain erosion and sedimentation controls,which are specified in , Division 2 Section"Site Clearing,"during earthwork operations. D. Provide protective insulating materials to protect subgrades and foundation soils against ' freezing temperatures or frost. 3.2 DEWATERING ' A. Prevent surface water and ground water from entering excavations, from ponding on ' prepared subgrades, and from flooding Project site and surrounding area. B. Protect subgrades from softening,undermining,washout, and damage by rain or water ' accumulation. 1. Reroute surface water runoff away from excavated areas. Do not allow water to accumulate in excavations. Do not use excavated trenches as temporary drainage ditches. ' 2. If required, install a dewatering system to keep subgrades dry and convey ground water away from excavations. Maintain until dewatering is no longer required. 3.3 EXPLOSIVES ' A. Explosives: Do not use explosives. ' 3.4 EXCAVATION,GENERAL A. Unclassified Excavation: Excavate to subgrade elevations regardless of the character of ' surface and subsurface conditions encountered. Unclassified excavated materials may include soil materials,and obstructions. No changes in the Contract Sum or the Contract Time will be authorized regardless of the character of surface and subsurface conditions ' encountered. 1. If excavated materials intended for fill and backfill include unsatisfactory soil materials and rock,replace with satisfactory soil materials. , 2. If rock is encountered within excavations,cease work in the area where rock is discovered until a time and materials change order for the extra work can be agreed upon by the Contractor, Owner and Engineer. The work in the affected area will , again proceed after a change order is processed,and no shutdown time or associated additional costs will be awarded other than those agreed upon in the change order. 3.5 EXCAVATION FOR STRUCTURES , A. Excavate to indicated elevations and dimensions within a tolerance of plus or minus 1 , inch(25 mm). If applicable, extend excavations a sufficient distance from structures for SECTION 02300 ' EARTHWORK PAGE40178 ' placing and removing concrete formwork, for installing services and other construction, and for inspections. 1. Excavations for Footings and Foundations: Do not disturb bottom of excavation. Excavate by hand to final grade just before placing concrete reinforcement. Trim bottoms to required lines and grades to leave solid base to receive other work. 2. Pile Foundations: Stop excavations 6 to 12 inches(150 to 300 mm)above bottom of pile cap before piles are placed. After piles have been driven,remove loose and displaced material. Excavate to final grade, leaving solid base to receive concrete pile caps. 3. Excavation for Underground Tanks,Basins, and Mechanical or Electrical Utility ' Structures: Excavate to elevations and dimensions indicated within a tolerance of plus or minus 1 inch(25 mm). Do not disturb bottom of excavations intended as bearing surfaces. 3.6 SUBGRADE INSPECTION ' A. Notify Engineer when excavations have reached required subgrade. B. If Engineer determines that unsatisfactory soil is present, continue excavation and replace with compacted backfill or fill material as directed. C. Proof-roll subgrade below the building slabs and pavements with heavy pneumatic-tired equipment to identify soft pockets and areas of excess yielding. Do not proof-roll wet or ' saturated subgrades. 1. Completely proof-roll subgrade in one direction,repeating proof-rolling in direction perpendicular to first direction. Limit vehicle speed to 3 mph(5 km/h). 2. Proof-roll with a loaded 10-wheel,tandem-axle dump truck weighing not less than 15 tons(13.6 tonnes). 3. Excavate soft spots,unsatisfactory soils,and areas of excessive pumping or rutting, ' as determined by Engineer,and replace with compacted backfill or fill as directed. D. Authorized additional excavation and replacement material will be paid for according to ' Contract provisions. E. Reconstruct subgrades damaged by freezing temperatures, frost,rain, accumulated water, or construction activities,as directed by Engineer,without additional compensation. 3.7 UNAUTHORIZED EXCAVATION A. Fill unauthorized excavation under foundations or wall footings by extending bottom elevation of concrete foundation or footing to excavation bottom,without altering top elevation. Lean concrete fill,with 28-day compressive strength of 2500 psi(17.2 MPa), ' may be used when approved by Engineer. 1. Fill unauthorized excavations under other construction or utility pipe as directed by Engineer. 3.8 STORAGE OF SOIL MATERIALS ' A. Stockpile borrow soil materials and excavated satisfactory soil materials without intermixing. Place, grade,and shape stockpiles to drain surface water. Cover to prevent windblown dust. ' SECTION 02300 EARTHWORK PAGE 5 OF 8 1. Stockpile soil materials away from edge of excavations. Do not store within drip ' line of remaining trees. 3.9 BACKFILL , A. Place and compact backfill in excavations promptly,but not before completing the following: , 1. Construction below finish grade including,where applicable,subdrainage, dampproofing,waterproofmg, and perimeter insulation. 2. Surveying locations of underground utilities for Record Documents. 3. Testing and inspecting underground utilities. ' 4. Removing concrete formwork. 5. Removing trash and debris. 6. Removing temporary shoring and bracing,and sheeting. ' 7. Installing permanent or temporary horizontal bracing on horizontally supported walls. B. Place backfill on subgrades free of mud, frost, snow,or ice. ' 3.10 SOIL FILL ' A. Plow, scarify,bench,or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill material will bond with existing material. B. Place and compact fill material in layers to required elevations as follows: 1. Under grass and planted areas,use satisfactory soil material. 2. Under steps and ramps,use Structural Fill. ' 3. Under building slabs,use Structural Fill. 4. Under footings and foundations,use Structural Fill. 5. Under and adjacent to retaining walls,use Structural Fill. ' 6. In utility trenches within 5 feet of any retaining wall or foundation,use Structural Fill. C. Place soil fill on subgrades free of mud, frost, snow, or ice. , 3.11 SOIL MOISTURE CONTROL A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill soil layer , before compaction to within 2 percent of optimum moisture content. 1. Do not place backfill or fill soil material on surfaces that are muddy,frozen,or , contain frost or ice. 2. Remove and replace, or scarify and air dry otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight. 3.12 COMPACTION OF SOIL BACKFILLS AND FILLS ' A. Place backfill and fill soil materials in layers not more than 8 inches(200 mm)] in loose depth for material compacted by heavy compaction equipment, and not more than 4 , inches(100 mm)in loose depth for material compacted by hand-operated tampers. SECTION 02300 EARTHWORK PAGE 6 OF 8 ' B. Place backfill and fill soil materials evenly on all sides of structures to required elevations, and uniformly along the full length of each structure. ' C. Where backfill is to extend higher on one side than on the other,as indicated on the Plans, structural floor beams or other means of restraint shall be installed before such backfill is placed. Should any deflection of the foundation wall result form the ' Contractor's failure to provide adequate bracing, brace the walls and replace the backfill or embankment to relieve the deflection,properly at not additional cost to the Owner. ' D. Compact soil materials to not less than the following percentages of maximum dry unit weight according to ASTM D 698: ' 1. Under structures,footings,building slabs and steps, scarify and recompact top 12 inches(300 mm)of existing subgrade and each layer of backfill or fill soil material at 95 percent. ' 2. Under lawn or unpaved areas,scarify and recompact top 6 inches(150 mm)below subgrade and compact each layer of backfill or fill soil material at 85 percent. 3.13 GRADING A. General: Uniformly grade areas to a smooth surface,free of irregular surface changes. Comply with compaction requirements and grade to cross sections,lines,and elevations indicated. 1. Provide a smooth transition between adjacent existing grades and new grades. 2. Cut out soft spots, fill low spots,and trim high spots to comply with required ' surface tolerances. B. Site Grading: Slope grades to direct water away from buildings and to prevent ponding: Finish subgrades to required elevations within the following tolerances: 1. Lawn or Unpaved Areas: Plus or minus [l inch (25 mm)) C. Grading inside Building and Structure Lines: Finish subgrade to a tolerance of 112 inch ' (13 min) when tested with a 10-foot(3-m) straightedge. 3.14 SUBSURFACE DRAINAGE ' A. Subsurface Drain: Place subsurface drainage geotextile around perimeter of subdrainage trench. Place a 6-inch(150-mm)course of filter material on subsurface drainage geotextile to support subdrainage pipe. Encase subdrainage pipe in a minimum of 12 inches(300 mm)of filter material,placed in compacted layers 6 inches(150 mm)thick, and wrap in subsurface drainage geotextile,overlapping sides and ends at least 6 inches (150 mm). 1. Compact each filter material layer to 85 percent of maximum dry unit weight according to ASTM D 698 ' 3.15 DRAINAGE COURSE A. Place drainage course on subgrades free of mud,frost, snow,or ice. ' B. On prepared subgrade,place and compact drainage course under cast-in-place concrete slabs-on-grade and under water storage reservoir floors as follows: ' SECTION 02300 EARTHWORK PAGE 7 OF 8 I. Install subdrainage geotextile on prepared subgrade according to manufacturer's ' written instructions, overlapping sides and ends. 2. Place drainage course 6 inches (150 mm)or less in compacted thickness in a single layer. 3. Place drainage course that exceeds 6 inches (150 mm) in compacted thickness in layers of equal thickness, with no compacted layer more than 6 inches(150 mm) thick or less than 3 inches(75 mm)thick. ' 4. Compact each layer of drainage course to required cross sections and thicknesses to not less than 95 percent of maximum dry unit weight according to ASTM D 698. 3.16 FIELD QUALITY CONTROL ' A. Footing Subgrade: At footing subgrades, at least one test of each soil stratum will be ' performed to verify design bearing capacities. Subsequent verification and approval of other footing subgrades may be based on a visual comparison of subgrade with tested subgrade when approved by Engineer. , B. Testing agency will test compaction of soils in place according to ASTM D 1556, ASTM D 2167,ASTM D 2922, and ASTM D 2937, as applicable. Tests will be performed at the following locations and frequencies: ' 1. Paved and Building Slab Areas: At subgrade and at each compacted fill and backfill layer,at least I test for every 1000 sq. ft, or less of building slab,but in no case fewer than 3 tests. ' 2. Foundation Wall Backfill: At each compacted backfill layer, at least I test for each [100 feet(30 m)] or less of wall length,but no fewer than 2 tests. C. When testing reports that subgrades, fills, or backfills have not achieved degree of ' compaction specified, scarify and moisten or aerate,or remove and replace soil to depth required; recompact and retest until specified compaction is obtained. ' 3.17 PROTECTION A. Protecting Graded Areas: Protect newly graded areas from traffic,freezing, and erosion. ' Keep free of trash and debris. B. Repair and reestablish grades to specified tolerances where completed or partially ' completed surfaces become eroded, rutted, settled,or where they lose compaction due to subsequent construction operations or weather conditions. 1. Scarify or remove and replace soil material to depth as directed by Engineer, ' reshape and recompact. C. Where settling occurs before Project correction period elapses, remove finished , surfacing,backfill with additional soil material,compact, and reconstruct surfacing. 1. Restore appearance, quality,and condition of finished surfacing to match adjacent work,and eliminate evidence of restoration to greatest extent possible. , 3.18 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Disposal: Remove surplus satisfactory soil and waste material, including unsatisfactory soil, ' trash,and debris, and legally dispose of it off Owner's property. END OF SECTION SECTION 02300 , EARTHWORK PAGE 8 OF 8 ' SECTION 02645 THREE-SIDED PRECAST CONCRETE BOX CULVERT PART1 -GENERAL ' 1.1 DESCRIPTION ' A. This section covers the materials and procedures for the three-sided reinforced,precast, concrete box culvert, Except as otherwise indicated herein, all work shall conform to the requirements of Section 554 of the MDT Standard Specifications and ASTM C 1504. ' The work shall consist of furnishing all plant,labor,materials,and equipment for the design,manufacture,transportation,storage,and erection of box culvert fabricated from reinforced,precast concrete in accordance with the Plans and this Specification. This item shall consist of the reinforced,precast,concrete box culvert sections complete with associated wing walls,cutoff walls,curbs,high-strength non-shrink grout, shims,and ' all inserts and connector plates for making the connections between the sections. 1.2 RELATED SECTIONS ' 1. Division 2 Section 02300"Earthwork" ' 1.3 FABRICATION DRAWINGS A. The culvert supplier shall be responsible for designing the reinforced,precast, concrete ' box culvert. Prior to casting any members,the Contractor shall submit to the Engineer for approval fabrication drawings and thorough design calculations which show complete details of the design method,materials, and the size,type,capacity, and location of items incorporated in the member such as chairs, inserts, and other hardware. The drawings ' shall also include an erection layout with each individual piece identified. The Contractor shall submit the proposed concrete mix design to be used for the structure including admixtures. ' The Contractor shall furnish prints of the fabrication drawings in guadnrplicate for approval. After approval,he shall famish three or more prints,as required, of the approved drawings. Fabrication shall not begin until the working drawings have been approved as directed above and the plant inspector has received approved prints thereof. No deviation from the approved plans shall be permitted without a written order from the ' Engineer. The design and drawings shall be stamped by a professional engineer licensed in the state of Montana. ' SECTION 02645 THREE-SIDED PRECAST CONCRETE.BOX CULVERT PAGEJOF4 1.4 DESIGN LOADING , A. The structure shall be designed for HS 20-44 Live Loading with a 30 psf allowance for future overlays at a minimum.Design shall conform to AASHTO Standard Specifications ' for Highway Bridges with Short Span Bridges. 1.5 MINIMUM LENGTH ' A. Do not use precast segments less than 5 ft in lay length. PART 2-MATERIALS , 2.1 CONCRETE ' A. Cement,Air entraining Agents, and Admixtures: These materials shall meet the requirements of the MDT Standard Specification, Section 551.02 except that no admixture ' shall be used without written approval from the Engineer. B. Water: All water used in concrete for prestressed concrete members shall conform to the requirements of the MDT Standard Specification, Section 551.02.5. ' C. Aggregates: Aggregates for prestressed concrete members shall conform to the requirements of the MDT Standard Specifications, Section 551.02.6. , D. Strength: The concrete for the box culvert shall have a minimum ultimate compressive strength of 4,000 psi at age 28 days. These strengths are the MINIMUM required and ' may vary with the culvert design. The fabrication drawings shall show the actual compressive strengths required. It shall be the responsibility of the Contractor to famish a concrete mix design which will produce concrete capable of achieving the required compressive strengths. The mix design shall be submitted to the Engineer for review prior to its use. 2.2 REINFORCING STEEL ' A. Welded wire fabric shall be uncoated and conform to the requirements of MDT Standard , Specification Section 711.01.3.Bar reinforcing shall conform to the applicable requirements of the MDT Standard Specification Section 711.01.1. Deformed type reinforcing steel shall conform to the requirements of ASTM Specification A-615,Grade 2.3 STRUCTURAL STEEL: A. Structural steel shall conform to the applicable requirements of the MDT Standard Specification, Section 711.02. 2.4 NONSHRINK GROUT: ' A. An approved non-shrink grout shall be used for filling the joints between adjacent precast ' culvert sections,welded-plate connectors, and miscellaneous fixtures such as lifting eyes. The type of grout shall be as recommended by the supplier of the box culvert. Once the SECTION 02645 ' THREE-SIDED PRECAST CONCRETE BOX CULVERT PAGE 2 OF 4 1 1 ' culvert sections have been connected and prior to application,the joints between sections shall be thoroughly cleaned out, and all loose material,dirt,debris,dust,etc, shall be removed from surfaces with which the grout will be in contact by washing with water. ' The grout shall then be applied while the joints are still damp or as otherwise recommended by the manufacturer of the material used. Grout placed during cold weather shall follow applicable sections of the cold weather concrete specifications. ' 2.5 ACCEPTANCE REQUIREMENTS ' A. Permanently mark each precast unit with date of casting and supplier identification. B. Workmanship and Tolerances ' Variations in structure span or rise from those shown on the drawings shall not be permitted. The general shape of the precast sections shall not be altered from those shown on the drawings without approval by the Engineer. All tolerances shall be applied with respect to the theoretical positions and dimensions shown on the plans and approved fabrication dmwmgs. ' The tolerances listed below represent the total allowable tolerance that will be accepted in the finished product. Tolerances allowed in other manufacturing sequences shall not be accumulated to supersede any individual tolerance. Members having dimensions outside of the tolerance limits shall be subject to rejection. Any acceptance of an individual dimension in excess of the tolerance shall not constitute a waiver of the requirement that the remainder of the work be within the tolerances specified. Length of culvert section +Yz" Internal Dimensions Flatness: All external and internal faces shall be flat,true, and plumb. Less than 1/2"per 8' PART 3-CONSTRUCTION METHODS 3.1 STORAGE AND TRANSPORTATION Care shall be taken during storage,hoisting, and handling of the precast culvert sections to prevent cracking or damage. Precast sections shall not be moved from the casting yard until the specified ultimate compressive strength(28-day strength)of the concrete has been attained and the plant inspector has been notified of the intent to transport the ' member. Lifting of precast culvert sections shall be done only by use of the lifting eyes. During ' lifting of the members, spreaders shall be used between slings to eliminate the horizontal component of the lifting force applied to the member,except that when the angle between the sling and the top of the member exceeds 45 degrees, a spreader will not be required. ' SECTION 02645 THREE-SIDED PRECAST CONCRETE BOX CULVERT PAGE 3 OF 4 1 Units damaged by improper storage or handling shall be replaced by the Contractor at his 1 expense. 3.2 INSTALLATION 1 A. Precast culvert sections shall be placed as recommended by supplier on accepted 1 foundation. Construction equipment shall not have direct contact with the culvert sections to prevent damage. B. Refer to project plans for excavation, bedding, and backfill requirements. 1 3.3 WELDING A. Unless otherwise specified,welding shall conform to the requirements of the current 1 edition of the AASHTO specifications,American Welding Society specifications,and the plans. Welding electrodes shall conform to the requirements for mild steel, ASTM A-233, 1 AWS A 5.1. Fabrication ofinetal units for connection ofprecast units shall conform to the requirements of AWS D 12.1. 1 3.4 FINISH A. Finishing shall be in accordance with the MDT Standard Specifications, Section i 552.03.12. 3.5 DECK SEALER 1 A. All exposed deck surfaces shall be coated with a high performance clear silane penetrating 1 sealer. Sealer shall be"Hydrozo 100"or approved equivalent with installation per manufacture's recommendations. END OF SECTION 1 i 1 1 1 1 SECTION 02645 1 THREE-SIDED PRECAST CONCRETE BOX CULVERT PAGE 4 OF 4 i 1 1 1 1 1 APPENDIX � 1 1 GEOTECHNICAL EVALUATION 1 1 1 1 1 1 1 1 1 1 1 1 1. Geotechnical Report 5. Legend 8. Boring Location Sketch REVISIONS: REV: These drawings,referred to as Geotechnical Evaluation ASTM American Society for Testing and Materials I', _ REV: (GE)sheets represent the nontechnical report for the project MDTSS Montana Department of Transportation Standard '"°" ^ v:.an n raiw'o c,trot end were prepared by SK Geotechnical Corporation. no Specifications,2006 t � iu��n1Of°yj REV: purpose of the geotechnical evaluation we to assist Greet OSHA Occupational Safety and Health Administration .amen ���YYY d ;p West Engineering in designing foundations,and in Inc International Building Cade ....cx..o o- a0;°'°°M PROJECT: / Z:rw o'0�.iwt preparing plans and special provisions for the project. la Standard rsquar ion test boring nI^;e" e+ m.a n cu Jefferson Co. Bridge psf ponds per square tom r s p r W .(net G _ Replacement In the event the information in the GE sheets conflicts with pci pounds Per square inch per inch of defection _ - the information in the plans and special provisions,the plans paten Words per square foot per feel of depth LL Ouainfanee Lana Boulder, Montana and special provisions govern. _ _ 2. Site Conditions 6. Laboratory Procedures . ..auwrarace Wrc_ - x �.n �y- -- PREPARED FOR: Laboratory tests were performed on select samples to assist in _ - '-R - _ Great West Engineering The project is located approximately 14 miles south of characterizing he engineering ~— 8 g Bpropeninofthe soils. The testa - - „a PO Box 4817 �.�F _ Helena, Mantano 59604 Boulder, very to a The ground surtax at the site is were performed in general accorduece with the latest version oche :__ - -% - -„ ✓ - - - overfi generally very level with the exception offal Boulder rive following ASTM procedures. tip._ _ _ 1 - -- overfowitilf. Ground surtax elevations along the bridge �_. - - I �, _ _ _.---- alignment as variable due to the stnctum,the river C117 Materials fora than 75 micron(NO 200)sieve m mineral s �rau.n ra.np,t, ATTN: Jeremiah Theys overflow drainage,and Boulder river overflow itself. The aggregate by washing ran Imes • 1 ra.. ground surface was covered with native groins and grovel D 1140 Amount of materials in snits finer than 75 micron(No.200) "”" x r •i g�rg,\ surfacing. D2216Labamtorydetermmatims ofwatermnlenl.f sod ued rock s rya. a \ ,`�+s v' .u. m .gym y.w DRAWN BY:9WOrren D4318 Liquid limit.Plastic bran.and pWticity index of soils V w�«rover Adoailed evaluahonofthegeologic history ofthe sue was \44 iuoe uo PREPARED BY: BWarren not performed,but readily available geologic maps indicate 7, Geotechnical Summary and iQi°xt \ .g` �c roes a.riTa REVIEWED BY:CRiee the geology eomsise,of su�cial alluvial deposits Because :a a saerz: DATE: 12 03 oflheexisting strucmx,previous developments,which have Conclusions \ \�' / /2009 PROJECT:09-2618 since been removed,demolished,eyed a buried,may be The mil profile encountered by the borings generally consisted ofgravel PLAN VIEW OF QUAINTANCE LANE ' situated on the site end ere considered existing fill. surfacing over clayey sued with gravel fill to depth ranging from 4 to 5 Fee. Boring STA encountered a layer ofburied sandy lean clay topsoil between the depths of4 and 5.5 feet,and contained trace organic matter. Native cease grained alluvain was then monument stating at depths 9. General Recommendations 3. Project ranging from 5 to 5.5 feet and continued to the borings temtinaiton depth ♦* of 20.5 feet Penetration resistances in the naive coarse grained alluvium ' JefCemon Connally is planning b replace the Quaintance Lane 1°n9 ed from 22 b 45 blows Per foot,indicating the alluvium was medium Bases of Rmosen shodons.The analyses and recommendations submitted in this report errs based upon the data obtained train the soil boring v j CORY G. dense to dense. performed at the londom indicated on The sketch. Variations will occur away from the boring,the nature and extent ofwhieb do not become o Ii RICE 11bepromised replacement willco0owwa28-cw culvert o gg14 PE The Proposed replacement will consist of o osind l long by evident until additional exploration du m construction is conducted.thed. A reevaluation ofthe racoons. T e vai in this report should be made after s¢ the box tall lven n spr box culvert. a is proposed b support Based on the remits of the boring and laboratory cats,it our opinion the performing on-site w9 observations during construction to time Me characteristics ofany,variations. The variations may result in additional favation n the box culvM on spread fooling foundations. native coarse grained alluvium r minable for direct support of the costs, po it is suggested a contingency be provided for this purpose. It is recommndd of Geotechnical on retained er perform the Observation and proposed aWCture. B is also our opinion the sandy lean clay and clayey testing Pm@rmrt for the site preparation phase of This project This will allow correlation of the soil conditions encountered during construction no the Oh'A( ENG sad fill encountered by the borings are unsuitable for support of the snit borings,and will provide continuity of profesaiooal responsibility. structure. Although it is likely the proposed foaling will extend below the sandy Inn clay and clayey send fill,if either material is present ber ath Review of Deign.This report is based on the design of the proposed structure as related to us for preparation ofthis regal. It is recommended we 4. Field Exploration footings,we recommend it be subexavand down o the gravel and be retained to review the glom hoical aspects of the designs ad specifications. With the review,we will evaluate whether any change in design P replaced with structural backfill. These recounnrndatiom era shown in have affected the validity ofthe recommendations,and whether our recommendations have been correctly interpreted and implemented in the design A 1111 HNICAL Details 10 and 14. and specifications. Boring Locations. The boring location was selected by our pcaomteh and is shown on the Boring Location Sketch Groamwata was encounlined in both borings at a depth of 6 feet Groundwater Fluctuations.Water level observations were obtained in the borings at the times and under the conditions abated on the boring hogs. 2611 GABEL ROAD (Detail 8). The location wee slaked by oar drill crew and Groundwater should be expected to be nee the level of the Boulder River Thee data were interpreted in the text ofthis report. The period ofobservation was relatively short,and fluebsatine inthe gmundwa level may P.O.BOX 80190 referenced to the existing bridge abutments. occur due to rninfail,Oaodio rm 4o thaw,dmirm ad other seasonal and uenuel factors cal evident et the time the obeervatiora were BILLINGS,MONTANA 59108 8 6 overflow. Dewatering will be nal for the footing excavations. g. P n,spring ge, PHONE:(406)652.3930 made. Design drawings and specifications and construction planning should recognize the possibility offlu uumorns. FAX:(406)652-3944 Boring Elevations. The ground surface elevation al the boring was referenced W the interline of the existing north Use of Report.This report is for the=elusive use of Croat West Engineering b design the proposed structure and prepare construction docmaeots. ease abuhroad. We estimated an elevation of Nis reference In the absence ofour written approval,we make no representation and assume no responsibility b other parties regarding this report The data, 4041 WHIPPOORWILL DRIVE of 996 using the contoa lines on the plan view provided by analyses and recommendations may rot be appropriate for other sWetmes or purposes. We recommend parties contemplating other structures or P.O.BOX 16123 Great West Engineering. purposes contact ua. MISSOULA,MONTANA 59808 PHONE:1406)721-3391 Boring Procedures. The boring was performed an the date Level of Care.Services performed by SK Geotechnical Corporation personnel for this project have been inducted with that level of Ore and skill FAX:(406)721-6233 indicated on the boring log with a track-mounted core and ordinarily exerciaed by members of the profession comantly practicing in this an under similar budget and time resvaims. No warranty,=pressed auger CME-75 drill rig. Sampling and testing in the boring "implied,is made. Copyright vet p was performed in general accordance with the latest version of the following ASTM procedure. GEOTECHNICAL D 1452 Soil Investigation and Sampling by Auger Borings EVALUATION D 1586 Penetration Tat and Split-Bartel Sampling of Soils D 1587 Thin-walled Tube Sampling nfSmils GE- 1 D 2487 Classification of Soils for Engineering Purposes D 2488 Standard Posen.far Description and Identification of Soils(Visual-Manual Procedures) Sheet 1 of a oacmas ooannwrssr suraoaxoswrunevaxwrnax ox ummaa.oucixxtsurvaewanerucsomarvicue[umes.uromca 10. Spread Footing Foundations 12. Lateral Earth Pressure Parameters 13. Construction REVISIONS: REV: Design Information,Anticipated Foundation Loads: OSHA Soil Type:All earthwork and concoction should be performed in accordance REV: Total Working Load<10,000 lbs/ft Parameter/Material Structural Poorly Graded with OSHA guidelines. Backfll Gravel REV: All soils below: Type C Foundation Preparation: Subexcavate and replace all sandy lean clay or PROJECT: clayey sand fill(if encountered)from beneath footings as shown in Footing Moist Unit Weight,pcf 135 135 Observations: Footing glegradcs,recommend special inspection. Detail. Pavement subgmdes. Jefferson Co. Bridge Internal Friction Angle, I Removal of silty with sand beneath footings. Replacement Bearing Depth(see structural drawings for specific elevations): 5 feet degrees 38 36 Quaintance Lane below grade,minimum,behind wall;3 feet below grade,minimum,in front Concrete Testing: In accordance with project specifications;slump,air content, Boulder. Montana of wall. Active Equivalent Fluid temperature,and compressive strength cylinders. Pressure, 32 35 Bearing Pressure:up to 3,000 psf,net allowable pressure in excess of final psf/ft Compaction Testing: Fill and backfill beneath footings,and pavements. :N8EPA1J1,.E.D FOR overburden pressure Pavement subgmde and base/subbaw courses,and/or gravel t Enylneering surfacing 817Settlement and Heave:up m l inch total and lf2 inch differential At-Rest Equivalent Fluid ontana 59604 Pressure, 52 55 Cold Weather Constmetion: No fill or backfill should be placed on frozen soils. AASHTO Soil Profile Type: Type 11,sable sands and Bowels,bedrock psf/ft No frozen soils should be used as fill or backfll. mioh They. >200 feet Remove all snow or ice from cut and fill areas prior Passive Equivalent Fluid to additional Binding. Peak Ground Acceleration: 5%,per AASHTO,2007 Pressure, 565 520 DRAWN BY:BWarren psfl@ PREPARED BY: BWarren Concrete:use cement meeting ASTM C 150 Type It requirements REVIEWED BY:CRice Coefficient of Friction .55 .50 DATE: 12/03/2009 PROJECT:09-2618 Note:values are not factored 11. Backfill Compaction 14.Footing Detail Structural Exterior Backfill below BackNl in v CORY G. 4 Parameter/Material Backfdl below n CE I Pavement Landscape o 9 RICE PE Foundations Areas c" W �4 Minimum compaction, 95% 95% 90% M Groundwater likely standard Proctor Moisture,percent of Structural BackFlll or On-site pread Footing Open Channel C GEOTECNNICAL optimum f2% ±2% ±2% Poorly Graded Sand or Gravels, Foundation V ASTM Symbol SP or GP Native Soil Backfill 2611 GABEL ROAD 12. Structural Backfill Material Requirements - BILLINGS.8001900TANA 69108 PHONE:(406)6523930 Native Sands and Gravels FAX:(406)652-3944 Sieve Size Structural Backfill 4041 WHIPPOORWILL DRIVE 3" 100 Sandy Lean Clay and/or Clayey Sand Fill Subexcavation/Replacement: P.O.BOX 16123 MISSOULA,MONTANA 59608 No.4 25-60 PHONE:(406)721-3391 Remove all sandy lean clay or clayey sand FlII(if encountered)from FAX:(406)721-6233 No.200 <12 beneath footings and an oversize zone extending 1 foot horizontally Plasticity Index a 6 beyond the footings and slabs for every foot of subexcavation below cwvrie6eum the footings and slabs down to alluvial gravel. Replace with compacted structural backfill. GEOTECHNICAL EVALUATION G E-2 Sheet 2 of 4 O0.1UNAi WCrM6Nl88iINPSn ANn WtlNFD tlY alO1Nt£R ON 1Y9lnEW.OWGINALSONASWPD PTSKGEpiECNN1UL W WXGS.Mrnn"CE i Arles GEOTECHNICAL Descriptive Terminology GEOTECHNICAL 2P10.8�ati90 91IIIng6, 99108-0190 LOG O F BORING OtAm:saT{D6.6513930 F.c{06.653.39{e PROJECT: 09-2618 BORING: ST-1 Standard D 2187 M!I I BR' Classification of Soils for Engineering Purposes 11.1dea Size RCatlon GEOrson County EVALUATION LOCATION'. .LIBoulders........."_...._.........aver tr Jefferson County Bridge Replacement See attached sketch. u 11 (UnB etl Soil Classification System) ethics..._...".............._T to 12 o-ayd Boulder,Montana BellGMSdreMlm marse....._._............ o.4 SOIO3• Trim-r«w.aeelnawup symmn and soup None..uaaa Laberuary She.............."...........No.d b 344' T•.n" Gsrel'�, Gnrewma• 5aM DRILLEDBY: J.Falcon METHOD: 3iH-118A.Manual DATE: 1114109 SCALE: 1"=4' ,f Mo.ft Clan Gnnla L6.nd13 SJ GW WNI ntlee nvd reaffunn ,...........No.10 to No.to o Morenm Lou p.6% mealum.. ._.N. 0to No. 00 Elev. Depth Symbol DescnpSondMaterials BPF WL qp I Remarks ri' fw<dantllWl>Cr>J` (i Paoe/gnd•dgrtwlf -�"'" m 6... en.. fie............... 200 to N0.200 995.2 D.0 Co...- cou.• Gweoio meth non Mm.l as ML or MN GM an nwI SR..-....._...:._.Na.200th.005...... FILL:2"Gravel Surfacing over Clayey Sand with ^> 9.11.•e MYnai non Clay ..... .....kss Man m5mm i!i:' Gravel.fore-to coarsegralrol brawn,moist to MOn en rb4 Men Nn Fl.-elr,ny n CL or.. GC Clgryama••••" Relations Density of e L 13xrnn o Y EMVatlm RelmeMe: 1/1 dean M•v Cohsslorlsss Soils Ceder al NOtMKst 6ox ew. Cwnamm 2a,ndla s9 aw w.11 ndea.ma very bo............... ....... b 4 B PF Pi { Btltlge Alulrmd, M o.a 60x or L...Mm 6x q<s:nakrlb C.sa• sP peeM ane•eaWal bole..._..__..,......_-..5 to 108PF entm. • esaarwd ekvetl0n= men el mu medb,m don to X BPF asp Tom• R....1—Hy MIML.,MH BM Sic .and Rm merlon a.nd•wde dMIK.._.._................31 n 50 BPF 991.2 4.0 P.a.e. nnm wryrleme._..............ovel 8PF SANDY LEAN CLAY,low plasticity,Baca leaves NLb More Mm nn..elmdy Me CL or CH BC u,yylend-o' Consistency of Cohesive Solis 5 CL and roots,brown to blackish brown,moist rather 5 axwnnm• soft Buried To oil vayspR.........__...._._..A M 1 BPF Fm•- NXt ma n>Tone plel.on or abon^A• a Lmn sly•.t" �.................................2 M 3 BPF - POORLY GRADED SAND WITH GRAVEL, 4 An open m•y Imrymm m✓ abereet.......__......._ Ab5 BPF - ope rive In the ewer unMd PI 4or IM•b•Iaw•w-rim ML ate medum._.....-...............6 to 8 BPF - medium to coarsed-grained.Cobbles likely, wets Sol(WL)Coal umu l... L.—M mm�-e..a dram a a.w pL brown,waterbearin dense. (Alluvium) ndmtmare depth et so%or We �.p aher stiR...................g to 12 BPF 9. ) {s tlw 6o Gw LI dmm�-net eH.e oO nom- •rra<N araandxeter was man stff...........................131a 18 BPF pm.•• mIM•na PI n,•nw• ••a'nm CH FE ek fa31[baerved vAYk the No. Cl.y. Imrynk PI ena•lew Krim MH oreori W'y.Mf........._..........17to 30 BPF higlq_ tee li.k uonld u.u_a ,/LM, hard ....onte.......war 30 BPF •I•w Ilmk6p or om.Nc n taw<0.16 GH ,r.Lwa moisture Content(MC) LlyM nmll-reel died trtmlc Ml OKCrlptlon SP xi HIOMY Owm.k sMb rdmMlNp de men«,even. arrant Pool nMmdry MC Mo.than 5%,abeence 6 Bm.1 en M•mM•dM P.nlnpM.J•n6..I G r nnm....,m Ct-0L,w•duM rymae16C6M sir dmddure,dusty St .I.v.. SCAM. mold MCbebwop rear,butno IfaMd•omitconMM•dweehaereow4w,er H r nnm M•"Fork,add with organic ree to gmrp as"water m bens,and Zvi n caiMn on euld.n,or both-re wk MC wm optimum,vi ble C alea,... 1 IF Sal consent L 16xanvel,.dd'Vnb Gravel- o lies water.typkaUy below Cno.l.mne1o12%6n..r•ak•aw,rebw. gwup mm.: watertabk 981.2 14.0 __ cwLiM w,nYPm.dgrM.Iwwl.nt J rAwmw.g amna Meunnden.a.me don M.eL. sduretee saaswcnliCover _—_-____ ________ Gw4C won{rWeanwlvehcl.y ML,MInelly. �Y i POORLY GRADED GRAVEL WITH SAND, Cp4M pooM•greadanv.1 Milt. n raea cenbdna,6 to 29%Moll w.200,Ma 1MM ost m ° medium- to coarsest-graineQ CObMes likely, ae o G14c amdye.+d.da�wiwlM n.y vent e.•wan amwl•,wwcrMV•r 1.preeemn.nt a brown waterbearing.dense. (Alluvium) sne.wine to lrtfino,pare dW symbds. L If Goaln.a JO%plus No MO pndominaney swat wMlgdeod„navmne.Y eerie do%—d,-to brorm r...: Drilling Notes i BPiM poodyanid.ndMln Mlt y r.Ml eonhn.ie PI No NO predominantly Standardpenebetbntedbbringswene E SP4C bowlygned,d•and with clay '9.0w.1.Grow C.• D.lo. H PI e{am Mel on or Me.. wI... advanced by 3V•or 414'l D helbwat , GP F Cc to.P tp. .Ihd. o PI<de ono delve• Aline. Poglta.unksanWdoMsnise:5hntlaM Meal coM.na a16%smA and lwtn end"n P PI Mel.below-ev A-Ilnr. pmeaatl0n test twtnga art rleslpllaled by coup mm•. q PIMM•aMMw•A•an•, Me Preta'S1-(api Wbe).Hand toyer SOrMpsxen advagCed manuayMM r 240 3' m dameter eugerto Me depth•Indcated: 74 7 {0 M cat Mrealmsk•N fI IW MII Handaagerbmllpsana.3catedbyMa err .—ew nee—.—. prefe*HA: END OF BORING ; 0e SWIM001:6re _y sMligkq.All samples were takeOMRn the Water down 6!With l9 of hollow-stem auger in w rw.r "r .uasA 1% standard 2`DD"k4ube sampler,ell F1-673'a' 1 6paL-aN �' Me ground, X ° cmHk•M1f lice some neled.TW yntaaK Mirtubed Wtie - / L'L Wm a-skvp sample. CS i,Itlgles California tube 6 v + aMarfaa9aL-u i O� sample. wog Water not observed vd to dry Cavau depMd4' BPF.Numbers Maeste blo.perfad 4 Immediately after withdrawldauger. » V recaded.In standard personation'test,also B MH OH Imeen es N"value The•amplerwi sM V irs,undisturbed sef bekswthehol stemauger, Diiviogreebtanisswere Men MLMOL maned fer second and Mlyd 6'Ineretdents R arMaddedM get BPF.Mare,Mey afercd 1 Sgnifcantly,Meyware separated by g no w N .o so To I k backdash 0;In wry densybard strata,the LIWIO LIMIT ILLI depth dn+en In SOblmvsis?I,dnated.. ° a. wool Laboratory ry Ters1s MON.VIN indicators the sanplerpenebated y selaiderweighlafhammnandroes o OD sty density,pet M Organic contim,% LL Liquid limit Mine,divine not repliiM. Jr WD Wet density,pd. Pne%passing 200ateve PL Plastic JIM $ W Dnreadnem dmpressivestdngth,pat PI Pladdlyhtley 0¢2618 ST-1 v Pockd peneromdersb gM,tef MC Natoal moisiure conteln,% . pope l of l uINnL COCVNFm33rAMPFD AMI9INLDBY tNGIXF.ER OH mR<nJN,Oonc.,0NPEN TAOPprEO ULALIN...10mCfi I S '� GEOTECHNICAL Z611 Gabel ao,4 9 P.0WrWIN LOG OF BORING Blllln !R 59108- Pfone:406,653,3944 Fa-:4066533944 PROJECT'. 09-2618 BORING: ST-2 GEOTECHNICAL EVALUATION LOCATION: Jefferson County Bridge Replacement See attached sketch. Boulder,writana DRILLEDBY. J.Fabon METHOD:31W NSA.ANOmefc DATE: 1114109 SCALE 1"=4' ,r Ekv. Depth Symbol Description of Materials 9PF WL qp ' Remarks o 994.9 0.0 R FILL:2-Gravel Surfacing over Clayey Sand wish v Gravel,fine-to coarse-gralned,brown,moist 13 t rn Is 1, 5.0 POORLY GRADED GRAVEL WITH SAND, 3a ° medium-to coarse-grained,Cobbles likely, 4 brown,moist to materbearing,medium dense to dense. (Alluvium) IMP 15 GP a >5 974.4 E x EN OF BORING Water down 6 with 19 of hollow-stem auger in the ground. ( � 8 Water not observed to dry cavcin depth of 4' `J £ immediately after wimdrawl of auger. R Y 0 i' I; 8 042618 ST-2 page 1 or 1 tMAL WLl1MEX1$mAMPEDµDAGKa.6 ..1 ..1., MI u,cou,AT 6F4EOlECXHIGL.1.,MTOFflCE SHEET INDEX o JEFFERSON COUNTY SHEET SHEET EWER SHEETS LEGEND&GENERALNOTES l SHEETS RROPO PROFILE SHEET IDS LANE (QL1 ) ' OAOwaYCROSSSEC TONE ROJECT106"fk?S o BRIDGE REPLACEMENT r Y MDT BRIDGE NO: L22308006+05001 ---`L„ CONSTRUCTION PLANS SECTION 12,TOWNSHIP 4 NORTH.AND RANGE 3 WEST v' PLANS PREPARED FOR: JEFFERSON COUNTY � 1 V61tEU OV9F _ �� �'wM• � �-- ¢ � _ n r � •` v t' � �,`` N s 1 S APPROVED BY: 1 JEREMIAH THEYS,P.E. JSF ./ _ r - 4.- cnLTx2nwaH_ [TSIa- 1 . EPB1] 5105 "SrySf��a'[1 Fe KARL F.YAKAWICH,P.E. �. s •.Tip I S _ t( 1 (pFAT NF9TENGIMEEPIM6 I y +, A r PLANS PREPARED BY: ^' JONATHAN WEAVER,E.I. TSEP PROJECT NO.:MT-TSEP-CG-1098 NOT TO SCALE xo. vErrs oESCxinlox e. oAn 8 G _ GreatWest o xx. ° engineering 1 g rseLrvlEw owvE Q HELENA en ssao — _—__- - Pasl+<seer� r 0 r,\�-os�sa-xrco-o�caiVoB.»zoos sssc anagn\<wn�-as�sa-m{aa\oz�\sM.�a\�-misa-ioaeroc�-ox-c,.�..a uae..a»q s� im fo €�° �aa��a a�aada° E4 = eegse ��P'm a$Y>;° RS� F$ $ fl$sgg$ eA°fl$g s�ax6z �sa3e'caQbgg a>< A =m _= A RA A; � gg az ss g = gooaE a �pg�ggg g �g $g` �d; F � < s .s ga m_ q -0 o�zE Assmm>og^g g= ,'� <mx?& ��' R= € s= y,� a - »$ $ �=§g$Mkg=R �g qFs zgp .�gm¢Abg �� R �g R ' .�°" F �� 2 m > Y � W W x 3 Ica 4lg otE 4 >�a�` ..9° V��"�'""sy�Ra£=�q� gi"4: Ag.-F.g"o�s°°.957'e�c$Fc�$a'°'-o "o Z FZ y"3gg R3=� `�`p °ag�lq$A�t g` �' €€sggmA$`° s§ zp9§ °g s`'=4Q € o ogp IN g%-,c-c;!- a=_ $ na'� � ¢ n ^Fob �9 £ 4g4g7mm "e $ yg�< f =�� "q$ oo ,ARSmm7"'"g cx€gR° bbx= .R� g�. �$Fm= p2g g $5 M s n p f jpF a g s gnF. g 4p � R8 Y € 2m „R z Y m R > Z ga'-� �� Z ma i € w O ag m Z 1 � ; " Q W P 4 +e ® ® ® 0 A A Z z m m i � W � a5 D k i ' 4 • r,, l l ( b r Z9a m w A€ $ m i o Fi�_ _ 7i s7 ., B ,; ' 't {, e5 j; y a1R3 2 z F+Phsil000® T9 0 Eoa xaao � : p © y y o JEFFERSON COUNTY QUAINTANCE LANE (00) BRIDGE ��Ee JM --004 N $ REPLACEMENT GreatWest = =:o=P ' engineemg 6 LEGEND 8 GENERAL NOTES REMOVE PND 1 ` o 06POSE O[ 1 I PRECPSII CONCRETE %ISIN UE HERE KAE)A EXTN SMERN ECGE OWNED, WIN GWNL (SEE WTS 1) WINGWALL(TYP) ]B'G,RN%10' R5E X w' EWE OF EXISEWG LONG}sIEFD PMLPSI EMD ACM WORN RY➢WAY IMP.) REMOVE ONO LUNCRLIE WN CEGOV 5Ia LM1OD.W PI SEA O5POSE UP E%I W (MATCH IXISNXC) 48 d e 2WGIB l CLWiDPNL(IYPJ p q 5 ' ON,...ELEVpi CONTROL POINT COORDINATE TABLE' " 7 - _ _- - PO/Ni NORTHING FASTING ELEVATION DESCRIPTION a 5 LO QWMTANCE CONE 1.y C% 4808,12 SIa9.89 BI RIAB ICAP cP2 4808,1. wGSSO BBS.°2 RmAR w/LAP g CPS 401 8,52 4888.18 W.W RERA. ICAP - - I �•tLiµpv"� 'LgYL COORp1MlE MTEM MIRED ,x 3 COMROL PCNI(LPI) CONTROL PPOWG(CM) II CRUSHED o. Ifs' \a FIFI-99,1.54 ii2 �u„i 4' SVRF.KE DOW �ryX�G BEGIN ROgp BORK B DEPTH(IVP.) , r T .. APMO% 60'w10E el zH�Ee S!a Ea00 W O A NEW EWE CWNIY Rpw R/Y/ (.icx ExSiINL) _ £m< OF 1MYELEO o '¢ MT.\ WRY(ttPJ A S. \ [ONStRVCfICN „ aEM YE WOSX s CM RENO THR LL GREG S Ero �W g ON d15 SNEEE �. REMOVE OND ZONE. 12' ZMC•NOidSWSE OF C61EDO =12' 1RAVEL LURE NMI,Cb ELP V PLAN VIEW OF QUAINTANCE LANE '�f 0 SO w SJ\ SR. 1L� Ca YHE M FEET ]/4 CRUSTED L Tea. /7 SVR[1LE COURSE vF Sf N6J Y 6'DEPTH GROUND LINE EXCESS UNUCTURN. Jd E%CAVnl1pN unrER4t d 1030 1030 Vs NFEGFO) 'cLESL ZONE T ORES FROM O'MB AND 0 sx SLOPE MI Ft GISL PE OF THE S TO B' � 1025 -- 1025 wmN XND o Wz SLOPE AT THE rntucTlmE 0 TYPICAL ROADWAY SECTION re 1020 su 1020 NOT TO RIE co W coV :.M ON W ! 1015 1015 J Z J § Z LL 5 0 0 t010 ImxG C ° °GRXtt O W K 6 Ox0 E r ALOHG Q RMDWAC - GENERAL HOTEB: 1005 1005 T ALE FENnnc msluxaED Dlwxc cormnurnoN slue BE RESF.coxuECr THE PENDING To THE U W •�� d AWDWPLLS M$NOWN ON THE PUNS OR AS DIRECTED BY THE COUM OR ENGINEER. THIS WORN 15 Ay 1000 1000 INCIOEM&TO THE PROJECT. Q Q L) Z p 0.21 DESISTED) '0' i4z -0.1 (EXImNG) Y. CWHROT H SCONE.BE RESPONSMS FOR VISPOSLL OF UGESS STRUCTURAL EXGVATIDN NATERVL y 995 995 J. ALL CANSTHVCIION SOOYG AND TRKDC COMIML S L BE THE RFSPMSNIUT!OF THE COMPACTOR J 44J - 1 NO SNLLL IDXERE i0 NMD REQUIREMENTS, W W a O g 990 2B SPPN 10 msE X w 990 •. G.R ,DH WY VSE SURABLE STRUCTURE EXCAVATION MOTERML FOR R000WAY EM&WKMEM AND LL U W Q • `u I LONC 3-5 PREGSI CLEAR ZONE W10ENINC. LL Z wI Q _ R W. 955 ¢ 985 5. CONTRICTOR SHAUL SEED P gsNRBED MGS AFTER CONSTRUCTION COMRACFR s MOE A W W.1M SEED WX APPROVED BY THE ENGINEER. TqS WORN IS INCIOEMOL TO THE PROJECT. ' Q 980 CDIY E - 980 G. COMIRti EM SN L REMOM BRIDGE.WIMORAIL.AND ALL APPVRETNUMES. ALL NAIERW$ME THE z n t W11NC ) 5(nUC1Ul!L- x PROPENE!p THE COXMACigi MO s14LLL BE D5P09EO OF A[CCNOIXG TO FEDERAL.STATE.AND !� 975 r ExgvA - _ R Ar FX TIW. — 975 LCGL 9VICEIMES. �- • 30 GVATiON o m T FL&41N EM 95 =50.5 CY T EM NMEM-8 CY _ >E UTE1TIE6 NDS T. CONTRACTCH S WL COORpWE MX Rltt C0MIE5 S REQUIRED 70 MCOLYLMIE THE 970 9 70 Twu OF THE DOING TOUVEHOM LINE. 1+50 2+00 K Y R 3+00 4+00 4+50 2' UELEY WORNAWN SPENT M THE DRAWINGS Is MIRDONJUE AND wr BE INCONPIFE MR .CCUMTE HUCCO R THE COMRPRON SNML COMACT,PRIOR 70 EXCAVATION.THE MINES PROFILE VIEW OF QUAINTANCE LANE-STA. 1+50 TO STA.4+50 DXDERGMEND LOCATroN CENTER AT 1 (WO)424-5555. HORIZON(!& METE.BCrYL 1•.]p• A - OF 55 FRONG&ONO R OE KO 1000 3IX'LRVSOLIN €PdLNPY OOG g THE y OH WRKE 511REOLE CWPSE RUN p S.RIUL 1X6 s EEt KC, WFFIL 995 w IX61W6 giCH r iL [�xis n RR M was CE LOWKITION ARE yJ '� )� ?B'SPIN X 10"P19E W S DNM FOR INFORMATION /* � ( x UJING PURPOSES ONLY AC,UGL v CST.: }.a1 .(n Y FREI CONCRETE 0 Wed— 98 EI OMAN RE �•. 9M CULwNT H _ 5 uns uusT CONFORM to � � au - ------ �' .. -q a ..I I WR£� � W Q FWIRIC�o BE DESIGXm�� ••SEE LIE KETTFRE JJJJJJ 4 QQQQQ _ DRFw oowX cROUxGWRrER (i SEE OElul Tws 9HO MA%tOM UNIT 95% PRIOR TO EXCAVATION Bf LUL. SVPPIERJ SNEFr 980 SECTION A-A IV SPZ BEnU61A6U GEOTECHNICAL DESIGN G 9 _. CULVERT SUPPLIER D• PARAMETERS o o a . w C OF mG. —� °� —� e— - -- PRECAST cCNCRETE PARAMETER DESIGN OLIANTITY 3-SIDED Box wLVIm v a • °° a G ° °n 4 • O W a. e °v° C.-.v ° °-.• .. -a.. •+ a v N O v - - T� n E Z g OµEOL(ICWHINBMLK E BDESIGN N G P APRRAEMSESTEURRS°REFER 70 G[DiFCHXC1 REPORT E x PMPRG CONRET ELF K LMN3U04 b PFOSR i MEN b ao Kc o ' lL wnx w xe w C°BE D1XNEG BX PPER Ii'aQ22 oI 1\h' ,iN`s ; �C GROUT M RECOMMENDED BY ° a CV"YFM SUPPLER W MIERIM IN C NOrMC CONCRETE ,SyF — Q WING BC ES IOVNNG RED TO 8 = J cU vERRT suPPLrn -"�. s"MIN. PP%i0xW1E"TTENTS 2B SPA'N 10 RISE X 0 S: =RCIE F.DTFIGS LG1G y-SIDED pREUSY • r> CONCISTE bOX cDLVEM '_r''g CULVERT END TREATMENT Ir PRECAST WWWFLL TO OE NOT TD SGLE DESIGNED 6I[ULYFNI NOTE: SVPPLIER(FUND WS NCl FOOTING WIDTH MID 1XICNNE55 ME TO W BNDWN 1OR CL MY) XN<pgIGH SAWN BE DESIGNED W iNE CULVERT SUPPLIER. XEE 1REOFED TIMBER POST VQ CULVERT PLAN W0N0 �i 1�1 FOOTING KEYWAY DETAIL o s 1D NOT TO 5,9X4 m o SCALE IN FEET CflVSNED Y WRIFAGE r T N5° 1005 1005 I'-C C0Uf5E 9- Z J Z MML 3-SIDED BOX X 9• 8'C ZONE Z<' AYFIEO WA CLEAR Z R9'$PPN X 10 RISE X M• q C.Ua y'CHM ER ON Q �W Q LY.NCR CURB lOP OF CMB LIR. LM. U W SfE OET L u 3-SIDED REFAST .._ SHEET CYyDS ED CRETE BOX INVERT \' W W O a loon SUPFALE OIMSE 10� " Z Z I` / II CURB BEWFORCEMEM O Q v x o.mx l yR TiGOMENT s vnl 2 J J > 995 -- 995 LL V W N U Ex L GROUND MOTES- W 2 LL nx m ALCN CINWS TYPE 3 WI ECT MM INS 5XKL BE 11'v 38"AND COLDRED _____________ Y 990 YELLOW N D BLOCK. MAIEMK SHPLL MEET MUTCD OMI OR o 990 -- CXI SPECIFICnTIONG FMTEN M POST W/(z)-1H'A NACXINE ]'W WF£PMLES a s'4.C. - BOLLS W/WASHERS. FIELD WILL BOLT HOLES.MSTNL POSTS SLIC ` ^ ---- TNPT 1Hf INSIDE EWE OF THE REFLECIORIZED PANEL B IM LINE CURB DETAIL ----- ---------- ------ MMM ENO OF THE LWc. E WXWB. NOT TO SCI E R P 985 _ 985 OBJECT MARKER TYPE 3 INSTALLATION NorEe: °o P OE FTL. TOP OF Fr - NOT TO Y..LLE 1. ON MICTOR S L BE WORK PAEA PRIOR 10 p 51.yI w8 CONSTRUCTION. CONTRACTOR SWA1 DNTM CWNNEL NN STK 514)1 9p PUMP G"OUICWATFP M NECESSWY TO ENSURE WORK MEA ELEV.B. IS OPY DURING CONSTRICTOR 980 y y p 980 STREAM COORDINATE TABLE $ 3. DMI NED M,WIPPLIED.FOGIES AND CURB MUST BE SLEET xO. S D6ILNED MD SUPPLIED BY 1X4 SWE IAWUFACTVRER. POINT NORTHING FASTING ELEVATION DESCRIPTION DEIGNS.BE cERRwfo BI A MN ESIONAL ENGINEER ' 51420 51150 514H5 SP1 L092.13 `AY/.01 981.95 CHANNEL CL ®TOP OF ETG. LICENSED IN ME STATE OF MOMON4 3. PUCE A MINIMUM OF 1 5.OF NACNFILL OVER TOP OF .S, CULVERT PROFILE SPZ a55B.Be 4996,01 991,95 MANNED 0 TOP OF RG. .,IEMG INSIDE OF CULVEM.CDMPAn WERML PER NoN.MA SLNE: I' 10' SPE06IC<TIDNS. rEaacu scKE: r- 1O' OF 5 3 2+60.00 3+40.00 4+00.00 CONSTRUCTION STAKING 30 -20 -10 o to 20 30 -30 -20 -10 0 10 20 30 -30 -20 -10 0 10 20 30 COORDINATE TABLE z 1020 1020 1020 1020 1020 _. 1020 - DESCRIPTION NORTHING FASTING ELEVATION STA 0-07 NPC 06]4]0 4769.19 WA $' 1010 1Q1Q 1Q70 - 1010 1010 - 1010 STA 2120 BEGM PROJECT 4781,W 495103 mw 1U.T 1"I".No STA 2-40 4]95.39 4965.75 995.63 ELW iqN MID STA 2. 48W9 4M.W 99594 48 1000 - 1000 1000 1000 1000 1000 STA 2.80 2403 49936] 983.24 $ Q Q Q Q Q ]CO:4 ].cDS 3.,= 3.005 3TA 2-8284 PT 0626.13 4995.5] 99625 STA W8 CL WLV RT 480.5.48 5012.93 MA 990 -- ---_.----- 990 990 - 990 990 990 STA 3.49 4369.53 6039.74 993.8] STA 9M0 468957 SDI>OB 895.81 STA 3-80 4693 i3 505045 685.47 j ¢ 9$0 P 9$0 9$0 °# 9$0 980 � 980 STA4Mp ENp PR0.1ECT 4Bt8.3J 50]3.00 -30 -20 10 0 10 20 30 -30 -20 -10 0 10 20 30 -30 -20 -10 a 10. 20 30I s tl 3 § 3 102030 -20 -10 0 10 20 31020 CULV RT 2+40.00 3+80.00 „4q _ c� -30 -20 -10 0 10 20 30 -30 -20 -10 0 10 20 30 1020 1020 1010 -- -- ---- 1010 1020 1020 P t M zD e wnv ZZ y �c 8�- 1070 1010 1000 _ oDx 1000 1010 1010 CLR.I E 12' 12' CLR.]ONE d1 m g wroExR,P' x40 IT R11'c 1000 1000 990 - 990 1000 1000 3. 3.NA _ _ 990 990 980 2a'sP. 1. . 1 980 990 990 ,,1 LONC -SIDE➢PRE 0.Si y4 p CONCR W BJX CUL'ENT /A n V 980 °t 980 970 970 980 s"S 980 -30 -20 -10 0 10 20 30 -30 -20 -10 0 10 20 30 -30 -20 -10 0 10 20 30 o m rn I ZO a Z .I z r U W D w d R 2+'10.00 2+80.00 3+60.00 V LLI W oNi -30 - 20 -10 0 10 20 30 30 -20 -10 0 10 20 30 -30 -20 -10 0 10 20 30 Z Z L) O A 1020 1020 1020 1020 1020 1020 H Q Q U J gg wwa S 1010 1010 1010 1010 1010 1010 LL Z V NW O R MAi< EXI9TING W LL a § ELEV I Y wl0i ' L ' 1000 1000 1000 1000 1000 1000 Z ]COS 3.WS 1U9,. 3005 r 990 --� ---- 990 990 990 990 -- -- 990 980 980 98030 -20 -10 0 10 20 30 -30 1 20 -10 0� 10 20 3080 98030 -20 -10 0 10 20 3080 sNET w. O tD 20 5 IN OF 5