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Riverwood Estates SID
Contract Documents & Specifications
Set Number __________
Prepared by: Robert Peccia & Associates Kalispell, Montana February 2017
BID SET
Prepared for: City of Columbia Falls Columbia Falls, Montana
TABLE OF CONTENTS
Riverwood Estates SID
Contract Documents & Specifications
SECTION I. BIDDING REQUIREMENTS AND INFORMATION Invitation to Bid Instructions to Bidders
SECTION II. BIDDING DOCUMENTS Bid Proposal Bid Bond (EJCDC C-430)
SECTION III. GENERAL CONDITIONS Incorporation of EJCDC Standard General Conditions (EJCDC C-700)
RPA Supplementary Conditions
SECTION IV. SPECIAL PROVISIONS Contents listed at front of the Special Provisions.
SECTION V. TECHNICAL SPECIFICATIONS Contents listed at front of the Technical Specifications.
SECTION VI. PREVAILING WAGE RATES
APPENDIX A. MISCELLANEOUS FORMS Notice of Award Agreement
Performance Bond (EJCDC C-610) Payment Bond (EJCDC C-615)
Approval of Subcontractors Notice to Proceed Substitution Request Form Schedule of Values for Contract Payment
Application and Certificate of Payment Work Directive Change Change Order Contractor's Certificate of Completion Certificate of Substantial Completion Affidavit on Behalf of Contractor Consent of Surety Company to Final Payment Sewer Service Elevation Form
CONSTRUCTION DRAWINGS Bound under separate cover.
SECTION I
BIDDING REQUIREMENTS AND INFORMATION
INVITATION TO BID
Columbia Falls
Riverwood Estates SID Separate sealed bids for construction of the Riverwood Estates SID Project will be received by the City of Columbia Falls, Montana until 11:00 AM, local time, Wednesday, March 1st, 2017, for construction of the project described herein. All Bids that have been duly received will be publicly opened and read aloud at 11:00 AM on Wednesday, March 1st, 2017 in the Columbia Falls City Council Chambers at 130 6th Street West, Columbia Falls, Montana 59912. Proposals shall be addressed to the City Manager, 130 6th Street West, Room A, Columbia Falls, Montana, 59912, and titled Riverwood Estates SID. The project primarily includes extending City water and sewer service to the existing Riverwood Estates Subdivision and associated road reconstruction. The proposed work generally consists of removing the existing asphalt concrete pavement, placement of new gravel and asphalt, abandonment of existing septic systems, new sewer mains and services, new fire hydrants, water main extensions and vertical adjustments with new services, and other miscellaneous improvements. All bids must be in accordance with the Contract Documents on file with the City of Columbia Falls, 130 6th Street West, Columbia Falls, Montana, (406) 892-4391; and Robert Peccia & Associates, 102 Cooperative Way, Suite 300, Kalispell, Montana, (406) 752-5025. Digital project bidding documents are available at Robert Peccia & Associates web site (www.rpa-hln.com). Click on the link titled “Current Projects Bidding”. You may download and print the Contract Documents at no charge, however, all Prime Contractors that intend to offer a bid for this project must contact Robert Peccia & Associates at the address stipulated above to obtain an “official” Bid Proposal form and to get their name added to the Planholders List. A non-refundable deposit of $30.00 will be required to obtain the “official” Bid Proposal. The entire set of bidding documents may also be obtained in the form of printed construction drawings, specifications and the “official” Bid Proposal for a non-refundable deposit of $150.00, if the Contractor chooses not to download and print their own documents. No bids will be considered unless they are submitted on the “official” Bid Proposal form and the Contractor’s name has been included on the Planholders List. A pre-bid conference will be held, commencing at the Columbia Falls City Council Chambers, 130 6th Street West in Columbia Falls, Commencing at 11:00 AM, Wednesday, February 22nd, 2017. Those interested in bidding the project should plan on attending this meeting. Work at the site is to commence within 10 calendar days after the written Notice to Proceed is issued. Completion of the work is required within 90 calendar days, following commencement of work. The project includes liquidated damages that will be assessed as set forth in the Special Provisions per calendar day if the work is not complete within the allotted contract time. CONTRACTORS and any of the CONTRACTOR’S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, MT 59604-8011. Information on registration can be obtained by calling (406) 444-7734. CONTRACTORS are not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the construction agreement. All laborers and mechanics
employed by CONTRACTORS or subcontractors in performance of the construction work shall be paid wages at rates according to the current 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 must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond payable to the City of Columbia Falls, in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDER(S) shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one-hundred percent (100%) of the contract amount within seven (7) calendar days after the Notice of Award is issued. Insurance as required shall be provided by the successful BIDDER(S), and a certificate(s) of that insurance shall be provided. The City of Columbia Falls reserves the right to reject all proposals and bids 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 City of Columbia Falls. THE CITY OF COLUMBIA FALLS By: ss/ Susan Nicosia City Manager Publication Dates: February 12th, 2017 February 19th, 2017
INSTRUCTIONS TO BIDDERS Page 1
INSTRUCTIONS TO BIDDERS
1. BIDS
a. All bids must be submitted on an “official” Bid Proposal form supplied by the Engineer and shall be subject to all requirements of the Contract Documents including the Drawings and these Instructions to Bidders. All bids must be regular in every respect and no interlineations, alterations, or special conditions shall be made or included in the Bid Proposal by the Bidder.
b. Complete sets of bidding documents shall be used in preparing Bids; neither Owner nor
Engineer assumes any responsibility for errors or misinterpretations resulting from downloading, printing and using incomplete sets of Contract Documents.
c. Each Bid Proposal shall include the following Bid Documents: (1) Official Bid Proposal,
and (2) Bid Security, both of which are included in the Contract Documents.
The Official Bid Proposal shall be enclosed in an envelope which shall be sealed and clearly addressed as follows:
Addressed to: City of Columbia Falls
Attn: City Manager 130 6th Street West Columbia Falls, Montana 59912
Mark lower left-hand corner of your envelope as follows:
Project Name: Riverwood Estates SID Bid Date\Time: Contractor Name: Acknowledge Receipt of Addendum No(s):
d. Bids will be written in ink and/or typewritten on the official bid proposal. The blank
spaces on the forms must be filled in correctly for each item, and the bidder must state the price (written in numerals) for which he proposes to do each item of work contemplated. All Bid Proposals must be totaled and, in the case of errors or discrepancies, the item unit prices shall govern.
e. Erasures or corrections must be initialed by the Bidder in ink.
f. Bids must be signed by a proper representative of the firm submitting the bid. Proper
representatives are the principal of a singly owned firm, a principal of a partnership firm, and an officer or authorized agent of an incorporated firm.
g. RESERVED
INSTRUCTIONS TO BIDDERS Page 2
h. Contract Documents may be viewed at the following locations:
Robert Peccia & Associates, Inc. City of Columbia Falls 102 Cooperative Way, Suite 300 130 6th Street West Kalispell, MT 59901 Columbia Falls, MT 59912
Phone: (406) 752-5025 Phone: (406) 892-4391 www.rpa-hln.com
Northwest Montana Plans Exchange 2302 Highway 2 East Kalispell, MT 59901
Phone: (406) 755-5888 2. BID SECURITY The Bid must be accompanied by a Bid Security which shall not be less than 10 percent of the amount of
the bid. At the option of the Bidder, the security may be in the form of a cashier's check, certified check, bank money order, or bank draft drawn and issued by a national banking association located in the State of Montana or by any banking corporation incorporated under the laws of the State of Montana or Bid Bond (EJCDC C-430) executed by a surety corporation authorized to do business in the State of Montana. No bid will be considered unless it is accompanied by the required guaranty. Cashier's checks, certified checks, bank money orders, or bank drafts must be made payable to the City of Columbia Falls. The Bid Security shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents.
Should the Bidder fail to furnish the properly executed Performance Bond, Labor and Material Payment
Bond, Insurance Certificates, and signed Agreement within the time specified, he/she shall forfeit this Bid Security to the Owner. The Bid Security (negotiable instruments other than bonds) will be returned to un-successful Bidders when the successful Bidder has signed the Agreement and furnished satisfactory Performance and Labor and Material Payment Bonds and Insurance Certificates. At the option of the Owner, bid security with bids that are not competitive may be returned prior to signature of the Agreement.
Revised Bids submitted before the opening of bids, if representing an increase in the original bid, must have the Bid Security adjusted accordingly; otherwise, the bid will not be accepted.
If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form (EJCDC C-430) bound
herewith. 3. SUBSTITUTE AND “OR-EQUAL” ITEMS The Contract, if awarded, will be on the basis of materials and equipment specified or described in the
Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is indicated in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the effective date of the Agreement.
4. INTERPRETATIONS AND/OR ADDENDA All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer.
Interpretations or clarifications considered necessary by the Engineer in response to such questions will
INSTRUCTIONS TO BIDDERS Page 3
be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the Bidding Documents. Questions received less than ten 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. It shall be the responsibility of the Bidder to obtain such Addenda prior to submitting his proposal, and to acknowledge receipt of all addenda issued in the Bid Proposal.
5. EXAMINATION OF CONTRACT DOCUMENTS AND CONDITIONS OF WORK SITE
a. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents.
1. Each Bidder should visit the site of the proposed work and fully acquaint himself
with the existing conditions there relating to construction and labor, and should fully inform himself as to the facilities involved, and the difficulties and restrictions attending the performance of the Contract. In submitting a bid for this project, the Bidder is thereby acknowledging that he is capable of performing the specified work on the site. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specifications, and all other Contract Documents, and shall verify the accuracy of the estimated quantities in the Bid Proposal. Failure to do so will not relieve the successful Bidder of his obligations to carry out the provisions of this Contract.
2. The submission of a Bid will constitute a representation of familiarization by the
Bidder. There will be no subsequent financial adjustment for lack of such familiarization.
b. The Contractor may refer to the following for information regarding site conditions: 1. Those reports, if any, of explorations and tests of subsurface conditions at the site
which have been prepared by the Owner and are included as part of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon the completeness thereof for the purposes of bidding or construction.
2. Those drawings of physical conditions in or relating to the existing surface and
subsurface conditions which are at or contiguous to the site (except Underground Facilities) which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction.
c. Information and data reflected in the Contract Documents with respect to Underground
Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions.
INSTRUCTIONS TO BIDDERS Page 4
d. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02 and 4.03 of the General Conditions.
e. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any
additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other items and conditions of the Contract Documents.
f. On request in advance, Owner will provide each Bidder access to the site to conduct such
explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations.
g. The lands upon which the Work is to be performed, rights-of-way and easements for access
thereto are designated for use by Contractor in performing the Work. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.
h. The submission of a Bid will constitute 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 Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
6. TIME FOR RECEIVING BIDS Bids received prior to the advertised time of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. 7. OPENING OF BIDS At the time and place fixed for the opening of bids, the Owner will cause to be opened and publicly read aloud every bid received within the time set for receiving Bids, irrespective of any irregularities therein. Bidders and other persons properly interested may be present, in person or by representative. 8. WITHDRAWAL OF BIDS Bids may be withdrawn at any time prior to the scheduled closing time for the receipt of bids if through written confirmation or in person. The Bid Security of any Bidder withdrawing his bid in accordance with the foregoing conditions shall be returned promptly. No bids shall be withdrawn for a period of 60 days after the scheduled closing time for receipt of bids.
INSTRUCTIONS TO BIDDERS Page 5
9. METHOD OF AWARD
a. Award of the contract shall be to the lowest “responsible” Bidder whose total base bid or the lowest combination of base bid and additive alternate bid(s), taken in consecutive order, (if within the funds available) is the lowest “responsible” bid for the work.
b. If such lowest bid exceeds the budget, the Owner may reject all bids.
c. The Owner reserves the right to reject any or all bids or to waive any irregularity or
informality in any bid received. The Owner reserves the right to determine what constitutes material and/or immaterial informalities and/or irregularities.
d. The Owner shall award such contract to the lowest “responsible” bidder (18-1-102 MCA).
The term “responsible” does not refer to pecuniary ability only, or the ability to tender sufficient performance and payment bonds. The term “responsible” includes, but is not limited to:
1. Having adequate financial resources to perform the contract or the ability to obtain
them;
2. Being able to comply with the required delivery, duration, and performance schedule;
3. Having a satisfactory record of integrity and business ethics;
4. Having the necessary production, construction, technical equipment, and facilities, and;
5. Having the technical skill, ability, capacity, integrity, performance, experience, lack of claims and disputes, lack of actions on bonds, lack of mediations, arbitrations and/or lawsuits related to construction work or performance, and such like.
e. Unless otherwise stated in the Special Provisions, all contracts will be awarded in
conformance with the laws of the State of Montana. Pursuant to MCA § 18-1-102, the Owner, in awarding public contracts for construction, repair, and public works of all kinds, shall award such contract to the lowest responsible Bidder without regard to residency. However, a resident bidder must be allowed a preference on a contract against the bid of any non-resident bidder from any state or country that enforces a preference for resident bidders. The preference given to resident bidders of this state must be equal to the preference given in the other state or country.
f. The Owner may make such investigations as it deems necessary to determine the ability of
the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified and responsible to carry out the obligations of the Agreement and to complete the Work contemplated therein.
10. PRE-AWARD CONFERENCE
INSTRUCTIONS TO BIDDERS Page 6
The Bidder submitting what appears to be the lowest “responsible” bid may be required to meet with the Owner and the Engineer prior to the award of the contract for the purpose of discussing pertinent details pertaining to the proposed Work. The following points will be considered in particular:
a. The Contractor's organization and equipment available for work and the Contractor's proposed sources of materials or installed equipment.
b. Contractor's financial status and capability to execute the contract.
c. The Contractor's proposed schedule of operations.
d. The interpretation of the Specifications.
e. The Contractor's proposed wage rates for use on the project.
f. Bidder status concerning “responsibility”.
g. Approval of subcontractors.
h. Unbalanced bids, either in excess or below the reasonable cost analysis value. Should the conference indicate that the Contractor does not appear to be in a position to properly undertake the Work or that he has not properly familiarized himself with the Plans and Specifications, the Owner reserves the right to reject the bid of this Contractor and to consider the next Bidder. 11. EXECUTION OF AGREEMENT
a. Subsequent to the award and within 10 days after the date of the Notice of Award, the successful Bidder shall execute and deliver to the Owner an Agreement, the Performance Bond, Labor and Material Payment Bond, Insurance Certificates and an Approval of Subcontractors form in such number of copies as the Owner may require. The standard Agreement form as issued by the Owner shall be used as the contracting instrument.
b. The Agreement form shall be signed in longhand by the proper representatives of the
contracting firm as follows: 1. The principal of the single-owner firm. 2. A principal of the partnership firm.
3. An officer of the incorporated firm, or an agent whose signature is accompanied by a certified copy of the resolution of the Board of Directors authorizing the agent to sign.
4. Other persons signing for a single-owner firm or a partnership shall attach a Power of
Attorney evidencing his authority to sign for that firm.
c. The Owner within 30 days of receipt of acceptable Performance Bond, Labor and Material Payment Bond, required Insurance Certificates signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the Bidder
INSTRUCTIONS TO BIDDERS Page 7
may by written notice withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner.
12. PERFORMANCE, LABOR AND MATERIAL PAYMENT BONDS AND INSURANCE a. The Owner will require the successful Contractor to furnish a Performance Bond (EJCDC
C-610) in the amount of 100 percent of the contract price as security for the faithful performance of his Contract.
b. The Owner will require the successful Contractor to furnish a Labor and Material Payment
Bond (EJCDC C-615) in the amount of 100 percent of the contract price as security for the payment of all persons performing labor and furnishing materials in connection therewith.
c. The bonds will be signed by the Attorney-in-fact and countersigned by a Montana Resident
Agent. d. Prior to beginning work, Insurance Certificates as proof of insurance coverage shall be filed
with the Owner. The specifications for the Workers' Compensation, Commercial General Liability, Separate Owner's and Contractor's Protective Policy, and other related insurance are listed in these Contract Documents.
13. POWER OF ATTORNEY
a. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney.
b. One original shall be furnished with each set of bonds.
c. Additional copies furnished with a set of bonds may be copies of that original.
14. LABOR AND WAGES a. For projects in excess of $25,000 let for state work, the Contractor(s) shall pay the standard
prevailing rate of wages, including fringe benefits for health and welfare and pension contributions and travel allowance provisions in effect and applicable in the county or locality in which the work is being performed (MCA § 18-2-403).
b. Reserved c. Montana Prevailing Wage Rates. The Montana Commissioner of Labor and Industry has
established the standard prevailing rate of wages in accordance with MCA § 18-2-401 and MCA § 18-2-402. A copy of the wage rates are bound herein. It is the Contractor’s responsibility to classify their workers in accordance with the craft of trade to be performed and pay the appropriate established prevailing wage rate.
d. The Contractor shall classify all workers on the project in accordance with the Department
of Labor Wage Rate Determinations. In the event the Contractor is unable to classify a worker in accordance with these rates, the Contractor shall contact the Department of Labor and Industry, Labor Standards Bureau, Wage and Hour Unit, Helena, Montana 59604, for a determination of the prevailing wage rate to be paid that particular worker.
INSTRUCTIONS TO BIDDERS Page 8
e. Should the prevailing rate of wages change during the life of the contract, the wage rates included in the Contract Documents at the time of the bid opening shall be the prevailing wage rate for the life of the contract.
f. MCA § 18-2-406 provides that Contractors, subcontractors, and employers who are
performing services under public works contracts as provided in this part shall post in a prominent and accessible site on the project or work area, not later than the first day of work, a legible statement of all wages and fringe benefits to be paid to employees on such site or work area.
g. Travel allowance, if applicable, may or may not be all-inclusive of "travel" and/or
subsistence and travel time due employees. It is incumbent on the employer to determine the amounts due for each craft employed according to the method of computation outlined for each craft where applicable.
h. Any notice of infraction of the labor laws of the State of Montana received by the Owner or
Engineer will be forwarded to the State of Montana, Department of Labor and Industry, Wage and Hour Unit, Helena, Montana.
i. Safety Training. Contractor shall comply with the Occupational Safety and Health Act
(OSHA). 15. EQUAL EMPLOYMENT OPPORTUNITY Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, national origin, sex, marital status, age, or political ideas. The Owner is an equal opportunity employer. 16. MONTANA CONTRACTOR'S TAX (GROSS RECEIPTS TAX) All Bidders are reminded that a Gross Receipts Tax in the amount of 1 percent of the total bid will be withheld from all payments, for projects over $5,000.00, due to Contractor pursuant to MCA § 15-50-205. 17. PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work, or in the development of the project. Such records will contain the name and address of each employee, his correct classification, rates of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, the Contractor will submit weekly a copy of all payrolls to the Owner and Engineer. The copy shall be accompanied by a certification signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Montana Department of Labor and Industry, and that the classifications set forth for each laborer or mechanic conform with the work he performed. The prime Contractor will make the record required under the labor standards clause of the Contract available for inspection by authorized representatives of the Owner and the Montana Department of Labor and Industry and will permit such representatives to interview employees during working hours on the job.
INSTRUCTIONS TO BIDDERS Page 9
Payroll reports and certificates of compliance shall be submitted to the Owner and Engineer prior to or with each Payment Request. The copies sent to the Owner and Engineer are for archive purposes only, because neither the Owner or Engineer are trained in the interpretation of payroll reports, and thus will rely on the Contractor’s certification that all employees are being classified and paid appropriately. 18. RESERVED 19. MAINTENANCE OF RECORDS Contractor shall maintain all required records for three years after the Owner makes final payment and all other pending matters are closed. 20. NOTICE TO PROCEED The Notice to Proceed will normally be issued within 30 days of the execution of the Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual written agreement between the Owner and Contractor. 21. CONTRACT TIME The Contract Time will be as set forth in the Special Provisions. 22. LIQUIDATED DAMAGES Liquidated damages will be as set forth in the Special Provisions. 23. MONTANA CONTRACTOR’S REGISTRATION Each bidder will be required to be registered with the State of Montana, Department of Labor and Industry prior to bidding this project. F:\ADMIN\SPECS\RPABOILR\INSTRUCTION TO BIDDERS.doc Revised: July 8, 2013
SECTION II
BIDDING DOCUMENTS
BID PROPOSAL
Page 1
BID PROPOSAL
ALL BIDDERS MUST CONTACT ROBERT PECCIA & ASSOCIATES OFFICE AT THE
ADDRESS STIPULATED IN THE INVITATION TO BID TO OBTAIN AN “OFFICIAL” BID
PROPOSAL FORM AND TO GET THEIR NAME ADDED TO THE PLANHOLDERS LIST.
NO BIDS WILL BE CONSIDERED UNLESS THEY ARE SUBMITTED ON THE “OFFICIAL”
BID PROPOSAL FORM AND THE CONTRACTORS NAME HAS BEEN ADDED TO THE
PLANHOLDERS LIST.
THE FOLLOWING PAGES SHOW THE APPROXIMATE QUANTITIES OF WORK
EXPECTED FOR THIS PROJECT. IN THE EVENT OF DISCREPANCIES BETWEEN THE
FOLLOWING APPROXIMATE BID QUANTITIES AND THE QUANTITIES LISTED IN THE
“OFFICIAL” BID PROPOSAL FORM, THE “OFFICIAL” BID PROPOSAL FORM SHALL
GOVERN.
BID PROPOSAL
Page 2
BID PROPOSAL
Riverwood Estates SID
Base Bid
Item
No.
Estimated
Quantity
Unit
Description
Unit Price Total Price
1 8,300 SY Asphalt Removal
$___________ $____________
2 1 LS Site Preparation
$___________ $____________
3 8,700 SY Gravel Preparation
$___________ $____________
4 500 TON Sub-Excavation and Stabilization
$___________ $____________
5 1,500 SY 3" Sub-Excavation and Replacement
of 3" Crushed Base Course –
3/4" Minus
$___________ $____________
6 1,000 SY Stabilization Fabric
$___________ $____________
7 20 HOUR Exploratory Excavation
$___________ $____________
8 1,000 CY Crushed Base Course - 3/4" Minus
$___________ $____________
9 1,550 TON Asphalt Concrete Pavement (3" Thick
with 10% Contingency, includes one
application of magnesium chloride as
asphalt prime)
$___________ $____________
BID PROPOSAL
Page 3
BID PROPOSAL
Riverwood Estates SID
Base Bid
10 15 SY 4" Concrete Sidewalk
$___________ $____________
11 150 LF Waterborne Striping - 4"
Solid Yellow
$___________ $____________
12 9 EA Manhole - 48" Sanitary Sewer
$___________ $____________
13 3,120 LF Pipe - Buried: 8" Sanitary
Sewer Main - SDR 35 PVC Pipe
$___________ $____________
14 3,100 LF Gravity Sewer Service - Sch. 40
PVC Pipe with Cleanouts
$___________ $____________
15 4 EA Sewer Grinder Pump
$___________ $____________
16 680 LF Pressurized Sewer Service –
1-1/4" IPS HDPE SDR 11
$___________ $____________
17 24 EA Septic System Abandonment
$___________ $____________
18 590 LF Pipe - Buried: 6" Water Main –
C-900 CL150 PVC Pipe
$___________ $____________
19 1 EA Water Main Vertical Adjustment
$___________ $____________
20 9 EA Existing Water Main Connection
$___________ $____________
BID PROPOSAL
Page 4
BID PROPOSAL
Riverwood Estates SID
Base Bid
21 28 EA Water Service & Water Meter Pit –
1" IPS HDPE SIDR 7
$___________ $____________
22 6 EA Fire Hydrant Assembly
$___________ $____________
23 20 LF Pipe - Buried: 12" Culvert -
Corrugated Metal Pipe
$___________ $____________
24 110 LF Conduit - 4" PVC Sch 40
(Irrigation Sleeve)
$___________ $____________
25 170 LF Fence Removal and Replacement
$___________ $____________
26 1 LS Surface Restoration - Topsoil
Removal, Replacement, Seeding,
Fertilizer & Mulch (Excludes
Residential Property)
$___________ $____________
27 1 LS Traffic Control & Temporary Access
Road
$___________ $____________
28 1 LS Construction Surveys & Material
Testing
$___________ $____________
29 1 LS Mobilization, Bonding and Submittals
(5% Max)
$___________ $____________
TOTAL BASE BID: $________________________________
BID PROPOSAL
Page 5
BID PROPOSAL
Riverwood Estates SID
ADDITIVE ALTERNATE #1
Item
No.
Estimated
Quantity
Unit
Description
Unit Price Total Price
AA#1-1
24
EA
Residential Landscaping and
Irrigation Repairs
$___________ $____________
TOTAL ADDITIVE ATLERNATE #1: $________________________________
TOTAL BASE BID + ADDITIVE ATLERNATE #1: $________________________________
PENAL SUM FORM
EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee.
Page 1 of 2
BID BOND
Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.
BIDDER (Name and Address):
SURETY (Name, and Address of Principal Place of Business):
OWNER (Name and Address):
BID Bid Due Date:
Description (Project Name— Include Location):
BOND
Bond Number:
Date:
Penal sum $
(Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY
(Seal) (Seal)
Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal
By: By:
Signature Signature (Attach Power of Attorney)
Print Name Print Name
Title Title
Attest: Attest:
Signature Signature
Title Title
Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.
PENAL SUM FORM
EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee.
Page 2 of 2
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.
3. This obligation shall be null and void if:
3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or
3.2 All Bids are rejected by Owner, or
3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.
5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.
6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.
11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.
SECTION III
GENERAL CONDITIONS
SECTION III
INCORPORATION OF EJCDC STANDARD GENERAL CONDITIONS
Incorporation of the Montana Public Works and Engineers Joint Contracts Documents Committee
Standard General Conditions and Supplementary Conditions to the General Conditions.
The following are hereby incorporated by reference and made a part of this Contract:
1. The Standard General Conditions of The Construction Contract as Prepared by the Engineers
Joint Contract Documents Committee as found in the Montana Public Works Standard
Specifications, Sixth Edition, April 2010.
2. The Supplementary Conditions to the General Conditions as found in the Montana Public Works
Standard Specifications, Sixth Edition, April 2010.
The following RPA Supplementary Conditions are modifications to Montana Public Works and
Engineers Joint Contract Documents Committee Standard General Conditions of the Construction
Contract:
RPA SUPPLEMENTARY CONDITIONS
Page 1
SECTION III
RPA SUPPLEMENTARY CONDITIONS
The intent of this Section is to supplement the conditions outlined in the Standard General Conditions.
CONTENTS
1. Insurance
2. Bonding
3. Estimated Quantities
4. Unit Price Work
5. Project Meetings
6. Governing Standards and Regulatory Requirements
7. Submittals
8. Weed Control
9. Regular Hours and Weather Days
10. Contractor Reimbursed Engineering Costs
11. Construction Progress
12. Repair and Replacement Quality
13. Rejected Work
14. Traffic Control
15. RESERVED
16. Blasting
17. Contract Document Discrepancies
18. Project Closeout
19. Cleanup
20. Warranty
1. INSURANCE
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, the ENGINEER, the Engineer’s Consultants, and the respective
directors, officers, partners, agents, employees and other consultants and subcontractors of each and any of all
such additional insured’s from claims for bodily injury (including sickness, disease and mental anguish), death
and property damage which may arise from operations and completed operations under this Agreement.
CONTRACTOR shall not commence work under this Agreement until such insurance has been obtained and
certificates of insurance, with binders, and certified copies of the insurance policy(s) shall have been filed with
the OWNER and the ENGINEER.
All insurance coverage 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.
A. Contractor’s Liability Insurance
Add the following new paragraphs immediately after Paragraph 5.04.B:
RPA SUPPLEMENTARY CONDITIONS Page 2
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 and related coverages under Paragraphs
5.04.A.1 and 5.04.A.2 of the General Conditions.
a. State Statutory
b. Applicable Federal (e.g. Longshoremans) Statutory
c. Employer’s Liability $1,000,000
2. CONTRACTOR’S General Liability Insurance under Paragraphs
5.04.A.3 through 5.04.A.6 of the General Conditions which shall
include a Commercial General Liability insurance policy based on
Insurance Services Office (ISO) Form CG 00 01 12 07 (or 12 04, or 10
01 edition dates). The coverage shall be based on an occurrence form
and shall include, but not be limited to, coverage for
Premises/Operations, Products/Completed Operations, Personal and
Advertising Injury, Subcontractors, and Liability assumed under an
insured contract. There shall be no endorsement or modification of the
Commercial General Liability policy form that modifies the standard
general liability policy arising from pollution, explosion, collapse,
underground property damage, subsidence, or work performed by
subcontractors. The General Aggregate Limit shall apply separately to
each of the Contractor’s projects per the latest edition of Form CG 25
01, CG 25 03, or equivalent.
a. GENERAL AGGREGATE PER PROJECT $3,000,000
b. Products-Completed
Operations Aggregate $3,000,000
c. Personal and Advertising $2,000,000
d. Bodily Injury and Property Damage
(Each Occurrence) $2,000,000
e. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be
satisfied by primary insurance or a combination of primary and excess or
umbrella insurance. Primary occurrence limit cannot be less than
$1,000,000.00. The deductible, if any, may not exceed $5,000.00 per
occurrence on property damage.
f. In addition to other requirements in the General Conditions, Coverage
will include at a minimum:
1. Premises - Operations
2. Operations of Independent Contractor
3. Contractual Liability
4. Personal Injury
5. Products and Completed Operations
RPA SUPPLEMENTARY CONDITIONS
Page 3
6. NO additional exclusions that modify the standard ISO
Commercial General Liability policy form CG 00 01 12 07
(or 12 04, or 10 01 edition dates) in regard to pollution,
explosion, collapse, underground property damage,
subsidence, or work performed by subcontractors will be
acceptable.
7. Per Project Aggregate Endorsement
3. Automobile Liability under Paragraph 5.04.A.6 of the General
Conditions:
a. Bodily Injury:
Each Person $2,000,000
Each Accident $2,000,000
Property Damage:
Each Accident $2,000,000
(or)
b. Combined Single Limit $2,000,000
Coverage to be written with a symbol 1 (0ne) any auto basis to Include:
1. All Owned
2. Hired
3. Non-Owned
c. Contractor’s Automobile Liability Insurance under 5.04.A.6 may be
satisfied by primary insurance or a combination of primary and excess or
umbrella insurance. Primary occurrence limit cannot be less than
$1,000,000.00. The deductible, if any, may not exceed $5,000.00 per
accident.
4. The Contractual Liability coverage required by Paragraph 5.04.B.3 of
the General Conditions shall provide coverage for not less than the
following amounts:
Each Occurrence $2,000,000
Aggregate $3,000,000
a. Contractual Liability Insurance under 5.04.B. 3 may be satisfied by
primary insurance or a combination of primary and excess or umbrella
insurance. Primary occurrence limit cannot be less than $1,000,000.00.
The deductible, if any, may not exceed $5,000.00 per occurrence.
5. OWNERS and CONTRACTORS Protective Policy - Purchased By
CONTRACTOR:
In addition to the insurance required to be provided by Contractor under
paragraph 5.04.A.1 through 5.04.A.6 inclusive, Contractor shall purchase and
RPA SUPPLEMENTARY CONDITIONS Page 4
maintain a separate Owners and Contractors Protective Policy (OCP) to protect
Owner against claims which may arise from operations under the Contract
Documents, with limits of liability as specified below. The policy must be in the
name of the Owner. This liability insurance shall include as additional insureds
the Engineer and the Engineer’s Consultants, and include coverage for the
respective directors, officers, partners, employees, agents and other consultants
and subcontractors of all such additional insureds.
a. General Aggregate $2,000,000.00
b. Each Occurrence $1,000,000.00
(Bodily Injury and Property Damage)
The OCP policy shall remain in effect until completion of the project and final
payment is made to the Contractor and all times thereafter when the Contractor
may be correcting, removing, or replacing defective Work in accordance with
Paragraph 13.07 of the General Conditions.
The insurance policy will contain a provision or endorsement that the coverage
afforded will not be cancelled, materially changed or renewal refused until at
least forty-five (45) days prior written notice has been given to Owner and to
each other additional insured (and the certificates of insurance furnished to
Owner and each other additional insured will so provide).
6. Additional Insured’s:
The CONTRACTOR’S insurance coverage shall name the OWNER, and
ENGINEER and Engineer’s Consultants and applicable landowners (if any) as
an additional insured under Commercial General Liability, Automobile Liability
and Excess or Umbrella policies. A list of the known additional insured’s for this
project is contained in the Special Provisions.
a. With respect to insurance required by paragraphs 5.04.A.3 through
5.04.A.6, inclusive, include the following as additional insured’s on a
primary, non-contributory basis. Use the following Additional Insured
Endorsements:
ENTITY FORM
Owner and Landowners -
[See Special Provisions]
use Additional Insured Endorsements; CG 20 10 11
85 or combination of CG 20 10 10 01 & CG 20 37
10 01 or CG 32 87 05 10 & CG 32 90 05 10
Montana only – or subsequent editions;
Additional insured must include On-going
Operations as well as Completed Operations.
Engineer – Robert Peccia
and Associates
use Additional Insured Endorsement; CG 20 32
Engineers' Consultants –
[See Special Provisions]
use Additional Insured Endorsement; CG 20 32
b. With respect to the Owner’s and Contractor’s Protective Policy (OCP)
RPA SUPPLEMENTARY CONDITIONS
Page 5
insurance required by paragraph SC-5.04.C.5, include the following as
additional insureds. Use the following Additional Insured Endorsement:
ENTITY FORM
Engineer – Robert Peccia
and Associates
use Additional Insured Endorsement; CG 20 31
Engineers' Consultants –
[See Special Provisions]
use Additional Insured Endorsement; CG 20 31
B. Cancellation Notice
Amend paragraph 5.04.B.4 of the General Conditions by striking out the words “30 days” and replacing
them with the words “45 days” and as so amended paragraph 5.04.B.4 remains in effect.
C. Property Insurance
Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place:
1. 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:
a. Include the interests of OWNER, CONTRACTOR, Subcontractors(All Tiers –
Contractor to list Subcontractors), ENGINEER, ENGINEER’S Consultants, and
any other persons or entities identified in the Special Provisions, each of whom
is deemed to have an insurable interest and shall be listed as an insured or
additional insured;
b. Deductible may not exceed $10,000 unless approved by an appropriate change
order.
c. be written on a Builder’s Risk 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 Work in transit and shall insure against at least the
following perils: fire, lightning, extended coverage, theft, vandalism and
malicious mischief, earthquake, collapse, debris removal, demolition occasioned
by enforcement of Laws and Regulations, water damage, flood, and other perils
as may be specifically required by the Supplementary Conditions;
d. 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);
e. 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;
f. be endorsed to allow occupancy and partial utilization of the Work by OWNER;
RPA SUPPLEMENTARY CONDITIONS Page 6
g. include testing and start-up; and
h. be maintained in effect until final payment is made unless otherwise agreed to in
writing by OWNER, CONTRACTOR, and ENGINEER with forty-five days
written notice to each other additional insured to whom a certificate of insurance
has been issued.
i. CONTRACTOR and subcontractors shall be responsible for any deductible or
self-insured retention based on fault.
j. The policies of insurance required to be purchased and maintained by
CONTRACTOR in accordance with this Article 1.C shall comply with the
requirements of Paragraph 5.06.C of the General Conditions.
k. The policies of insurance required to be purchased and maintained by
CONTRACTOR in accordance with this Article 1.C shall comply with the
requirements of GC-5.06.C. The qualifications of the insurance company shall
comply with the requirements of Article 1 of these Supplementary Conditions.
2. BONDING
In addition to all bonding requirements indicated in Article 5 of the General Conditions, all Contractors
shall be responsible for meeting the Montana Workers Surety Bond Requirements per MCA 18-2-201.
3. ESTIMATED QUANTITIES
3.1 Estimated Quantities. All estimated quantities stipulated in the Proposal and other Contract
Documents are approximate and are to be used only (a) as a basis for estimating the probable
cost of the work; and (b) for the purpose of comparing proposals submitted for the work. It is
understood and agreed that the actual amounts of work done and materials furnished under unit
price items may vary substantially from such estimated quantities. The actual quantities will
depend on the conditions encountered at the time the work is performed, and the unit prices
apply, subject to the exceptions in Supplementary Condition 4 - Unit Price Work.
4. UNIT PRICE WORK
Paragraph 11.03 of the General Conditions is hereby deleted in its entirety and the following is
substituted in its place:
A. The unit price of an item of Unit Price Work shall be subject to reevaluation and
adjustment under the following conditions:
1. If the total cost of a particular item of Unit Price Work amounts to 10% or more
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% from the
estimated quantity of such item indicated in the Agreement; and
2. If there is no corresponding adjustment with respect to any other item of Work;
and
RPA SUPPLEMENTARY CONDITIONS
Page 7
3. If Contractor believes that Contractor has incurred additional expense as a
result thereof; or if Owner believes that the quantity variation entitles Owner to
an adjustment in the unit price, either Owner or Contractor may make a claim
for an adjustment in the Contract Price in accordance with the General
Conditions if the parties are unable to agree as to the effect of any such
variations in the quantity of Unit Price Work performed."
5. PROJECT MEETINGS
5.1 Preconstruction Conference. After the Contract has been awarded, but before the start of
construction, a preconstruction conference will be held at a time and place mutually agreed to
by the parties. The conference shall be attended by the following: the Contractor and his
superintendent; the principal subcontractors; representatives of principal suppliers and manu-
facturers, as appropriate; the Engineer; Representatives of the Owner; and others as
appropriate.
Unless previously submitted, the Contractor shall bring the following submittals to the
conference: list of proposed Subcontractors; proposed construction schedule; schedule for
submitting shop drawings and other submittals; scheduled procurement dates; construction
technique submittal forms (as applicable); preliminary payment schedule; and tentative
schedule of values. Work shall not start prior to the Engineer's receipt of these submittals.
5.2 Progress Meetings. Progress meetings shall be held biweekly to review progress and requests
for payment, maintain coordination, update and modify scheduling requirements, and resolve
any problems that might develop. The Engineer shall preside at the meeting.
6. GOVERNING STANDARDS AND REGULATORY REQUIREMENTS
6.1 Jurisdiction. The performance of this work shall be under the jurisdiction of the following
agencies, departments, and standards and compliance with the requirements thereof is required:
Federal Level: United States law; United States Corps of Engineers; Environmental
Protection Agency.
State Level: Montana Code Annotated; Montana Department of Environmental Quality; Dept.
of Fish, Wildlife & Parks (SPA); Department of State Lands; the Department of Natural
Resources and Conservation; the Montana Building Codes Division; Uniform Building Code,
(latest edition); Uniform Plumbing Code, (latest edition); Uniform Mechanical Code, (latest
edition); Uniform Fire Code (latest edition); National Electric Code, (latest edition).
Permits. The Contractor must also comply with the requirements of any permits obtained for
the project by the Owner. These permits may include stream bed crossing permits, flood plain
permits, etc. Copies of any of these permits are available upon request from the Engineer.
However, the Contractor shall be responsible for obtaining any permits regarding the discharge
of any water related to the construction of this project (this includes a Montana Department of
Environmental Quality 3A Permit).
Local Level: City ordinances and regulations.
RPA SUPPLEMENTARY CONDITIONS Page 8
6.2 Contractor's Responsibility. The Contractor shall familiarize himself with the requirements of
all regulatory agencies pertaining to the performance of the work on the project. The
Contractor shall perform all work in accordance with the regulatory requirements. Any conflict
between the Contract Documents and the regulatory requirements shall be brought to the
immediate attention of the Engineer.
7. SUBMITTALS
7.1 Construction Schedule. The Contractor shall submit to the Engineer for review a schedule of
the proposed construction operations. The construction schedule shall indicate the sequence of
the Work, the time of starting and completion of each part, and at a minimum one entry for
each bid item and trade involved therein.
Whenever 10 percent or more of the schedule items are inconsistent with the original schedule,
the Contractor shall prepare a revised schedule and narrative plan that indicates corrective
action that will bring the progress of the work back to the original schedule completion dates.
The revised schedule and narrative shall be submitted to the Engineer for review, approval, or
comment before any further pay requests will be received or recommended for payment.
The construction schedule shall be acceptable to the Engineer before the Notice to Proceed is
issued.
7.2 Schedule of Values. The Contractor shall prepare and submit to the Engineer a schedule of
values for each lump sum bid item on the Proposal. Each item shall be subdivided to show the
portion of payment assigned to each work location and work item or trade involved. The
schedule of values, showing the value of each kind of work at each site, shall be acceptable to
the Engineer before any application for payment is prepared.
The sum of the items listed in the schedule of values shall equal the lump sum price for the bid
item. Items such as bond premium, temporary construction facilities, and office expense may
be listed separately in the schedule of values, provided the amounts can be substantiated.
Overhead and profit shall not be listed as separate items.
An unbalanced schedule of values providing for overpayment of the Contractor on items of
work which would be performed first will not be accepted. The schedule of values shall be
revised and resubmitted until acceptable to the Engineer. Final acceptance by the Engineer shall
indicate only consent to the schedule of values as a basis for preparation of applications for
progress payments and shall not constitute an agreement as to the value of each indicated item.
7.3 Schedule of Payments. Within 10 days after the effective date of the Agreement, the Contractor
shall furnish to the Engineer a schedule of estimated monthly payments. The schedule shall be
revised and resubmitted each time an application for payment varies more than 10 percent from
the estimated payment schedule.
7.4 Approval of Subcontractors. Contractor shall submit a list of Subcontractors to be used on the
project and it shall be acceptable to the Owner prior to starting work. For each Subcontractor
include name, address, phone, type of work, registration number, approximate contract value
and a list of projects completed within the last 5 years by the Subcontractor.
RPA SUPPLEMENTARY CONDITIONS
Page 9
7.5 Shop Drawings and Engineering Data. In addition to the construction schedule, the Contractor
shall submit to the Engineer a Shop Drawing Schedule indicating the title and appropriate date
that all anticipated shop drawings will be submitted to the Engineer before the Engineer will
proceed with the review of any submittals.
All submittals, regardless of origin, shall be stamped with the approval of the Contractor
indicating his review and identified with the name and number of this Contract, Contractor's
name, and references to applicable specification paragraphs and Contract Drawings. Each
submittal shall indicate the intended use of the item in the work. When catalog pages are
submitted, applicable items shall be clearly identified. The current revision, issue number, and
date shall be indicated on all drawings and other descriptive data.
Substitutions will be considered through completion of a Substitution Request Form (bound
into the Appendix of these documents).
All deviations from the Contract Documents shall be identified on each submittal and shall be
tabulated in the Contractor's letter of transmittal. Such submittals shall, as pertinent to the
deviation, indicate essential details of all changes proposed by the Contractor (including
modifications to other facilities that may be a result of the deviation) and all required piping
diagrams.
The Contractor shall accept full responsibility for the completeness of each submission and, in
the case of a resubmission, shall verify that all exceptions previously noted by the Engineer
have been taken into account. In the event that more than one resubmission is required because
of failure of the Contractor to account for exceptions previously noted, the Contractor shall
reimburse the Owner for the charges of the Engineer for review of additional resubmissions.
The costs of additional review shall be deducted from the Contractor's progress payments.
Any need for resubmission or any other delay in obtaining the Engineer's review of submittals
will not entitle the Contractor to extension of the Contract Time unless delay of the work is
directly caused by a change in the work authorized by a Change Order or by failure of the
Engineer to return any submittal within three (3) weeks after its receipt in the Engineer's office.
One (1) copy of each drawing and necessary data or schedule shall be submitted to the
Engineer. Improper format or illegible information shall be cause to return submittals without
review. The Engineer will not accept submittals from anyone but the Contractor. Submittals
shall be consecutively numbered in direct sequence of submittal and without division by
subcontracts or trades. Items resubmitted shall bear the number of the first submittal followed
by a letter (A, B, etc.) to indicate the sequence of the resubmittal.
When the schedules, drawings, and data are returned marked RETURNED FOR
CORRECTION, the corrections shall be made as noted thereon and as indicated by the
Engineer and corrected copies shall be resubmitted.
When corrected copies are resubmitted, the Contractor shall in writing direct specific attention
to all revisions and shall list separately any revisions made other than those called for by the
Engineer on previous submissions.
RPA SUPPLEMENTARY CONDITIONS Page 10
When the drawings and data are returned marked EXCEPTIONS NOTED, no additional
submission is needed provided all exceptions marked are incorporated into the item. No re-
submission is required for submittals marked NO EXCEPTIONS NOTED or RECORD COPY.
Portions of the work requiring a shop drawing or sample submission shall not begin until the
shop drawing or submission has been reviewed and returned with no resubmission needed by
the Engineer. A copy of each processed shop drawing and each processed sample shall be kept
in good order by the Contractor at the site and shall be available to the Engineer.
No materials-on-site payments will be approved in applications for partial payment for
equipment or materials until shop drawings for same have been reviewed and returned by the
Engineer without a requirement for resubmission.
7.6 Record Drawings and Survey Data. The Contractor shall prepare and maintain drawings record-
ing the constructed characteristics of all aspects of the work. Record drawings shall be of suffi-
cient detail and accuracy to permit ready identification and location of all component parts and
hidden or buried facilities. This is especially important in the case of part time construction
observation by the Engineer.
The record drawings and survey data shall be made available to the Engineer at all times. This
includes all field books, notes, and other data developed by the Contractor in performing
surveys required as part of the work.
Upon completion of the work, a paper copy of all record drawings and survey data shall be
transmitted to the Engineer and Owner.
8. WEED CONTROL
Prior to mobilizing equipment on the project site, the Contractor shall clean his equipment and vehicles
to assure no weeds are imported. If there is an abnormal growth of noxious weeds on a project site after
construction as determined by the Owner or local weed control authority, the Contractor will be
responsible for weed control for the duration of the contract warranty.
9. REGULAR HOURS AND WEATHER DAYS
9.1 Regular Hours. The regular work week shall consist of five working days, Monday through
Friday, with regular working hours of 8:00 a.m. to 5:00 p.m. Written requests to perform any
work outside of the regular work week or normal working hours must be delivered to the
Owner and Engineer no less than 48 hours prior to the planned start of the work. Contractor
may not work other than regular hours without written approval from Owner and Engineer.
9.2 Weather Days. In the event inclement weather or the aftermath of inclement weather prevents
the Contractor from performing any compensable work for a minimum of 60% of the Regular
day or other work period approved by the Owner, he may request a credit for that day. No
credit for inclement weather will be allowed on non-working days. A request for a weather day
must be submitted to the Engineer by the end of each calendar day being requested.
9.3 Winter Shutdown. In the event of the onset of winter weather, a winter shutdown will be
granted upon written request and mutual agreement of the Contractor and Owner, provided the
Contractor has complied with the contract documents and has adequately protected the site and
RPA SUPPLEMENTARY CONDITIONS
Page 11
adjacent property. Contract time will continue to run until the Contractor has satisfied these
conditions and Contractor shall not be entitled to additional contract time if it fails to satisfy
these conditions. Work will commence in the spring at the earliest possible date.
9.4 Standby Time. No separate payment will be made for standby time, inactive periods beyond
Contractor control or inactive periods resulting from requirements of this Contract. Such time
will be considered incidental to the required work. Standby time can be expected, but is not
limited to waiting for completion of other related contractors work.
10. CONTRACTOR REIMBURSED ENGINEERING COSTS
The Contractor shall reimburse the Owner the full cost of Engineering services in the event the Engineer
incurs unscheduled employment necessitated by the Contractor.
Examples of unscheduled employment of the Engineer are the following Contractor actions:
1) Working more than forty (40) hours per week, more than five (5) days per week and
Saturdays, Sundays, and holidays.
2) Furnishing materials or equipment not in conformance with Contract Documents
necessitating redesign by the Engineer.
3) Working beyond the time of completion established in the Notice to Proceed with
Construction.
4) Retests by the Engineer of tests that have failed.
5) Retests by others for tests that require Engineer's presence.
6) Repeated review of submittals and shop drawings that have not been approved.
7) Additional inspection as a result of unacceptable work.
8) Failing to follow design or construction documents.
9) Submitting excessive or unreasonable claims requiring Engineer’s review.
10) Failing to properly document pay requests.
11) Failing to provide or adhere to schedules.
12) Other services that are within the Contractor's control to avoid.
The Engineering fees to be reimbursed by the Contractor shall be according to the following schedule:
1) Labor: At the Engineer's current billable rates, including overhead, as referred to in the
Agreement between the Owner and Engineer, plus 15% profit.
2) Other Consultant: At actual cost plus 10%
RPA SUPPLEMENTARY CONDITIONS Page 12
3) Mileage: 4X4 @ $0.585/mi.; 2WD @ $0.535/mi.
4) Per Diem: IRS allowable rate
5) Other expenses and laboratory testing: Actual Cost + 10%
6) Field Testing: Engineer's current billable rate for specific equipment utilized
Contractor shall make payment of these Engineering services by deduction from the project progress
payments or final payment or by invoice to the Contractor.
The Engineering contract will be analyzed at the end of the project to determine whether any
unscheduled employment of the Engineer, during the schedule contract time, resulted in a cost savings to
the Owner. If, as a result of working more than 40 hours per week, five days per week, the Contractor
completes the project within the scheduled time, and if the overtime results in a reduced contract time
and cost savings to the Owner, no damages will be assessed for the unscheduled employment of the
Engineer during the scheduled contract time. Damages will be assessed as stipulated for each day the
work remains uncompleted beyond the scheduled contract time.
11. CONSTRUCTION PROGRESS
11.1 The Contractor shall maintain suitable progress on the job at all times. This shall include the
presence of full crews with superintendents effectively operating with proper equipment and
tools. In the event the Owner is dissatisfied with the progress, performance, or timing of the
work, the Owner will give the Contractor written notice in which the Owner will specify in
detail the cause of dissatisfaction. Should the Contractor fail or refuse to remedy the matters
indicated and fail to submit a detailed schedule indicating how the Contractor shall complete
the work in the Contract Time remaining within ten (10) days after the written notice is
received by the Contractor, the Owner will have the right to take control of the work and either
make good the deficiencies of the Contractor itself or direct the activities of the Contractor as
the Owner deems advisable, or the Owner may terminate the Contract. In either event, the
Owner will be entitled to collect from the Contractor all expenses in completing the work.
11.2 Should an unforeseen or changed site condition arise on a portion of the work, the Contractor
shall immediately notify the Owner in writing. The Owner and Engineer will work with the
Contractor to resolve such a condition in a fair and equitable manner as soon as possible.
However, the Contractor shall continue work on any or all portions of the work that are not
directly affected by the unforeseen or changed site conditions or, when directed by the
Engineer, the Contractor shall continue work on the disputed portion of the work in confor-
mance with the appropriate section of these General Requirements. No claim for additional
Contract Price or Time for standby will be allowed. Failure or refusal of the Contractor to
continue such work will be cause for the Owner to take control of the work or terminate the
Contract as herein provided and to employ such additional help as the Owner deems advisable
to maintain progress. The costs of any such work will be deducted from the Contractor's
monthly progress payments. The Contractor shall be subject to liquidated damages for any
overrun of the Contract Time resulting from his failure or refusal to continue work as described
above.
RPA SUPPLEMENTARY CONDITIONS
Page 13
12. REPAIR AND REPLACEMENT QUALITY
12.1 General. Items requiring repair or replacement due to damage or removal or otherwise
necessitated in the course of pursuance of the work and which are not otherwise specified
herein, shall be repaired or replaced to the following levels of quality.
12.2 Paved and Graveled Roads, Curb and Gutter, Driveways, and Sidewalks. Repair or replacement
shall be to a thickness and grade matching the existing condition. Quality of materials and
methods shall comply with respective sections of the current edition of the Montana Public
Works Standard Specifications. Any removed or damaged pavement markings shall be
replaced to match the existing markings.
12.3 Water and Sewer Mains and Services. Repair or replacement shall be in a manner consistent
with the existing condition using materials conforming to the Uniform Plumbing Code, the
current editions of the Montana Department of Environmental Quality Design Standards, and
other requirements of the Montana Department of Environmental Quality. Construction shall
also comply with the current edition of the Montana Public Works Standard Specifications.
Repair or replacement will not be allowed with materials like the existing installation if they do
not conform to the above-referenced standards.
12.4 Electrical, Telephone, Cable TV, Natural Gas, and Petroleum Lines. Repair or replacement
shall be to the standards required by the utility owner and at the utility owner's option may be
performed by the utility owner with the full cost assessed to the Contractor.
12.5 Lawn Restoration, Fertilizing, and Seeding. All areas disturbed by the Contractor's operations
such as, but not limited to, haul roads, loading operations and disposal operations shall be
restored by grading to the original contours, and fertilizing and seeding (See Special Provision
38 for Additional Requirements). This will include repair or replacement of all disturbed
vegetation to pre-construction standards as required by the Owner and landowner. The seed
mixture and fertilizer to be used will be submitted to the Engineer prior to application on the
prepared seed bed. The Contractor shall include the cost of this work in the price bid for other
items of work, and no separate compensation will be allowed.
12.6 Fences and Gates. All fences and gates adjacent to any work site are to be maintained to the
satisfaction of the abutting property owners. The Contractor shall notify the landowners of the
need to temporarily remove or relocate fences for access to the work and shall coordinate such
activities with the respective landowners in regards to removal, relocation, and restoration of
fences prior to commencing work.
Any fence or gate removed or destroyed during the course of the Contract shall be reinstalled or
reconstructed in like kind at no cost to the Owner or the landowner.
The cost for this work shall be considered incidental and no additional compensation will be
allowed.
12.7 Other Items. Repair or replacement of other items not covered by the preceding shall be to the
standards required by the owner of the item and at the owner's option may be performed by the
owner of the item with the full cost assessed to the Contractor.
RPA SUPPLEMENTARY CONDITIONS Page 14
12.8 Decisions Regarding Repair versus Replacement. The decision of repair versus replacement of
an affected item shall be at the discretion of the Engineer upon consultation with the owner of
the item. The decision shall be based on a determination of whether repaired quality can equal
the quality of a replacement installation. The Engineer's authority shall be final in this regard.
12.9 Limits of Repair or Replacement. The limits of areas to be repaired or replaced shall be
determined by the Engineer in the field based on the extent of damage or removal sustained.
The determination shall be based on insuring that all damaged or removed portions of the
existing installation are fully restored. The authority of the Engineer in this regard shall be
final. All work effects outside limits as described in these Contract Documents are subject to
repair and replacement quality as described herein.
12.10 Repair by Party Owning or Maintaining Item. The party owning or maintaining the item under
consideration shall have the exclusive right to undertake repair or replacement themselves and
charge the Contractor for full costs incurred or to direct and supervise the Contractor to repair
or replace the item to their standard of quality. The authority of the owner of the item shall be
final in this regard.
13. REJECTED WORK
Any defective work or nonconforming materials or equipment that may be discovered at any time prior to
the expiration of the warranty period, shall be removed and replaced by work which shall conform to the
provisions of the Contract Documents. Any material condemned or rejected shall be removed at once
from the project site. Failure on the part of the Engineer to condemn or reject bad or inferior work or to
note nonconforming materials or equipment on Contractors submittals shall not be construed to imply
acceptance of such work. The Owner shall reserve and retain all its rights and remedies at law against the
Contractor and its Surety for correction of any and all latent defects discovered after the guarantee
period.
The Engineer will have the authority to reject work which does not conform to the Contract Documents
and will provide the Owner with a list of defective work and nonconforming materials or equipment.
The Owner will then promptly provide the Contractor with the list of defective work and nonconforming
materials or equipment.
14. TRAFFIC CONTROL
The Contractor shall schedule his construction operations in a manner which will assure that: 1) the
safety and convenience of motorists and pedestrians, and the safety of construction workers, are
adequately met at all times; and 2) the project is completed in a manner most beneficial to the project as a
whole. All signing and striping shall conform to the standards set forth in the Manual of Uniform Traffic
Control Devices (MUTCD).
Traffic control shall be provided in full compliance with MUTCD during materials hauling and
equipment operation or transport along public roadways. Control shall include necessary signing, flag-
persons, barricades, and hazard markers. At least one-way traffic shall be maintained at all times with
continuous passage for emergency vehicles from either direction. In special cases as noted in the Special
Provisions, maintenance of two way traffic may be required. At the conclusion of daily construction
activities, the Contractor shall insure that proper traffic control measures remain in effect overnight and
through the weekend. This includes protecting any open excavations or other hazards.
RPA SUPPLEMENTARY CONDITIONS
Page 15
Prior to any construction, the Contractor shall prepare and submit a detailed traffic control plan in
accordance with the Submittals Section. The plan shall include, at a minimum, the following:
• Calendar time periods of proposed traffic interruptions and control.
• Locations of all signs, markers, barricades, and other traffic control devices to be used.
• Specifications for signs, markers, and barricades including references to MUTCD.
• Locations for flag-persons where used, along with anticipated dates and hours of use.
• Routing of any detours required.
The traffic plan will be subject to review and approval by the Montana Department of Transportation for
roads under their jurisdiction, by the local county for county roads, by the local municipalities for
municipal roads, and by the U.S. Forest Service or Bureau of Land Management for roads under their
control. These approvals will be in addition to that provided by the Engineer in accordance with the
Submittals Section. No work may commence until all approvals of the traffic plan have been secured.
15. RESERVED
16. BLASTING
No blasting will be allowed on this project.
17. CONTRACT DOCUMENT DISCREPANCIES
17.1 In the event that any provision of one Contract Document conflicts with the provision of
another Contract Document, the provision in that Contract Document first listed below shall
govern, except as otherwise specifically stated:
• Agreement
• Addenda to Contract Documents
• Performance and Labor & Materials Bonds
• Bid Proposal
• Bid Security
• Special Provisions
• Invitation to Bid
• Instructions to Bidders
• Drawings
• Technical Specifications
• City of Columbia Falls Standards for Public Works Improvements
• RPA Supplementary Conditions
• General Conditions
18. PROJECT CLOSE-OUT
18.1 Once the Contractor has completed construction, a substantial completion inspection is held to
assess any remaining or corrective work and permit close-out of the Contract. The following
conditions must be met before the substantial completion inspection is scheduled:
• Work must be substantially complete and fit for its intended purpose.
RPA SUPPLEMENTARY CONDITIONS Page 16
• Contractor must file a Contractor's Certificate of Completion (form found under
Miscellaneous Forms in Appendix A) requesting a substantial completion inspection by
the Owner and Engineer.
18.2 Following the inspection, the Engineer prepares and signs a Certificate of Substantial Comple-
tion and attaches a list of any remaining or corrective work needed based on the inspection. The
Certificate is sent to the Contractor, who must complete the listed work. After the Engineer
verifies its completion, the construction is considered fully complete. The Owner may also wish
to field-verify proper completion.
18.3 Prior to final payment including release of retainage, the Contractor must furnish these items to
the Engineer:
• Completed Affidavit on Behalf of Contractor (lien release) using the form provided in
the Contract Documents under Miscellaneous Forms.
• Executed copies of any pending Change Orders or claims.
• The final Change Order shall reconcile bid quantities to reflect actual quantities for
projects containing unit price items.
• Completed, revised and annotated record drawings and survey notes.
• Additional Copies of O&M manuals and warranties as specified.
• Final Payment Request for balance of Contract Price due.
• Completed Consent of Surety Company to Final Payment using the form provided in the
Contract Documents under Miscellaneous Forms.
• Certification of Payment of Prevailing Wage Rates as/if required by agencies providing
funding for the project.
Upon receipt and approval of these items, the Engineer will recommend final payment. The
retainage will be released with the final payment.
19. CLEANUP
19.1 Scope. This section covers the final preparations required to place the various components into
operation.
19.2 Final Conditioning. Before final acceptance is made, the entire work shall be cleaned and
conditioned. This shall consist of the following:
A. Grease, oil, grit, dirt, grime, debris, and other foreign materials shall be removed;
B. Chips, voids, cracks, and other imperfections in exposed concrete shall be repaired with
methods and materials approved by the Engineer;
C. Driveways and parking areas shall be swept and cleaned; and
RPA SUPPLEMENTARY CONDITIONS
Page 17
D. Landscaping shall be fine-graded and re-established where necessary.
19.3 Removal of Construction Equipment, Tools, and Supplies. At the completion of this Contract,
before acceptance of the work by the Owner, the Contractor shall remove all of his equipment,
tools, and supplies from the property of the Owner. Should the Contractor fail to remove such
equipment, tools, and supplies, the Owner shall have the right to remove them at the
Contractor's expense.
20. WARRANTY
The contractor shall warranty all materials and equipment furnished and work performed for a period of
one year from the date of substantial completion. The contractor warrants and guarantees for a period of
one 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 repairs of any damage to other parts of the
system resulting from such defects. The Owner will give notice of observed defects with reasonable
promptness. In the event 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 thereby
incurred. The Performance Bond shall remain in full force and effect through the warranty period.
In addition, the Contractor shall be required to attend a warranty inspection, approximately 11 months
after substantial completion. The Owner and Engineer will also be present at this inspection. All
components of the project will be inspected for defects in materials or workmanship. Any defects found
shall be repaired by the Contractor as set forth in the previous paragraph.
SECTION IV
SPECIAL PROVISIONS
SPECIAL PROVISIONS
Page 1
SECTION IV
SPECIAL PROVISIONS
CONTENTS
1. Project Description
2. Site Inspection and Prebid Conference
3. Project Related Contacts
4. Contract Time and Liquidated Damages
5. Certificates of Insurance
6. Additional Insureds
7. Safety Standards
8. Payments to Contractor
9. General Construction Requirements
10. Engineering Interpretations
11. Continuing Performance
12. Engineering, Inspections, and Testing
13. Construction Surveys by Contractor
14. Utilities
15. Site Access
16. Construction Facilities and Controls
17. Disposal of Used Water
18. Site Dewatering
19. Smoke and Dust Control
20. Water Pollution/Sediment Control
21. Sanitary Facilities
22. Use of Completed Portions
23. Record Drawings
24. OSHA Regulations
25. Contaminated Materials
26. Public Notifications
27. Montana Veterans Home Vehicular Access and Pedestrian Control
28. Access to Riverwood Subdivision
29. Maintenance of Vehicular Access and Street Closures
30. Fees and Permits
31. Soils Information
32. Protection of Adjacent Improvements
33. Construction Water
34. Exploratory Excavation
35. Sub-Excavation and Stabilization
36. Sanitary Sewer Services and Septic System Abandonment
37. Disconnect Existing Well
38. Additive Alternate #1 – Residential Landscape and Irrigation Repairs
39. Measurement and Payment
SPECIAL PROVISIONS
Page 2
1. PROJECT DESCRIPTION
The project primarily includes extending City water and sewer service to the existing Riverwood
Estates Subdivision and associated road reconstruction. The proposed work generally consists of
removing the existing asphalt concrete pavement, placement of new gravel and asphalt,
abandonment of existing septic systems, new sewer mains and services, new fire hydrants, water
main extensions and vertical adjustments with new services, and other miscellaneous
improvements.
2. SITE INSPECTION AND PREBID CONFERENCE
All Bidders should satisfy themselves as to the construction conditions by personal examination
of the site of the proposed work and any other examination and investigation that they may desire
to make as to the nature of the construction and the difficulties to be encountered.
A prebid conference will be held at Columbia Falls City Council Chambers, 130 6th Street West
in Columbia Falls on Wednesday, March 1st, 2017 at 11:00 AM. Those interested in bidding the
project are encouraged to attend this meeting.
3. PROJECT RELATED CONTACTS
Wherever in these Documents the word "Owner" appears, it shall be understood to mean the City
of Columbia Falls.
Owner: City of Columbia Falls
130 6th Street West
Columbia Falls, MT 59912
Susan Nicosia: City Manager
Telephone: (406) 892-4394
Grady Jenkins: Public Works Director
Telephone: (406) 892-4430
Wherever in these Documents the word "Engineer" appears, it shall be understood to mean
Robert Peccia & Associates, Inc. The firm of Robert Peccia & Associates, Inc. has been duly
authorized by the Owner as the Engineer for the engineering design, submittal review, and
construction observation and will serve as the "Engineer" for those functions as related to this
project.
Engineer: Robert Peccia & Associates
102 Cooperative Way, Suite 300
Kalispell, MT 59901
Contact Person: Ryan Mitchell, PE, PLS: Project Manager
Telephone: (406) 752-5025
Contact Person: Ian Wargo, PE, LSI: Design Team Leader
Telephone: (406) 253-9879
SPECIAL PROVISIONS Page 3
The following is a list of Utility Companies that have utilities within the project limits:
Northwestern Energy (Gas)
Erik Smith
Telephone: (406) 871-2570
CenturyLink (Phone)
Tracey Palmer
Telephone: (406) 758-1212
Charter (Cable)
Wes Hewitt
Telephone: (406) 871-2729
Flathead Electric Coop (Power)
Stan Pluid
Telephone: (406) 751-4461
One Call Locators
Telephone: (406) 755-8456
4. CONTRACT TIME AND LIQUIDATED DAMAGES
4.1 Contract Time: Contract time for the entire project is 90 Calendar Days.
4.2 Liquidated Damages: Subject to the provisions of the Contract Documents, the
Owner shall be entitled to liquidated damages for failure of the Contractor to
complete the work within the specified contract time. Work will be considered
complete once substantial completion has been accomplished and all subsequent
punchlist items have been satisfactorily completed.
A. The Bidder further agrees to pay liquidated damages for
failure to complete the work within the specified contract
time and for expenses incurred by the Owner for
unscheduled employment of the Engineer during the
contract time overrun.
B. As compensation for non-use, the Contractor shall be
assessed a liquidated damage of $1,500 per calendar day for
each day that the work remains uncompleted beyond the
contract period for that particular Schedule. As
compensation for expenses incurred for unscheduled
employment of the Engineer, the Contractor shall be
assessed an additional liquidated damage as outlined in the
Supplementary Conditions.
SPECIAL PROVISIONS
Page 4
5. CERTIFICATES OF INSURANCE
The Contractor is responsible for providing the Owner with copies of Certificates of Insurance as
discussed in Paragraph 5.03.A of the General Conditions.
5.1 Failure of Owner to demand such certificates or other evidence of full compliance
with the insurance requirements outlined in the General Conditions and RPA
Supplementary Conditions, or failure of Owner to identify a deficiency from
evidence provided, shall not be construed as a waiver of Contractor’s obligations
to maintain such insurance.
5.2 By requiring the insurance and insurance limits specified, Owner does not
represent that coverage and limits will necessarily be adequate to protect
Contractor, and such coverage and limits shall not be deemed as a limitation on
Contractor’s liability under the indemnities granted to Owner in the Contract
Documents.
6. ADDITIONAL INSUREDS
In accordance with the insurance requirements outlined in the General Conditions and RPA
Supplementary Conditions the following entities shall be included as additional insureds:
OWNER: City of Columbia Falls
ENGINEER: Robert Peccia and Associates
AGENCIES: Montana Department of Natural Resources
and Conservation
PROPERTY OWNERS: Mark & Kelly Calvert
1800 Riverwood Drive
Jack & Roxanne Rogers
1801 Riverwood Drive
Michael Dyon
1808 Riverwood Drive
Meagann Longfield
1803 Riverwood Drive
Riverwood LLC
1816 Riverwood Drive
Mark & Vanessa Mueller
1817 Riverwood Drive
Bruce Dunluck
1824 Riverwood Drive
David & Joyce Baltz Living Trust
1821 Riverwood Drive
1829 Riverwood Drive
1848 Riverwood Drive
SPECIAL PROVISIONS Page 5
Stephen Swiackey
1825 Riverwood Drive
Roger & Virginia Elliott
1832 Riverwood Drive
Martin Bekier
1833 Riverwood Drive
Jeff & Marcia Henning
1851 Riverwood Drive
Douglas & Colleen Karper
1859 Riverwood Drive
Kathleen Sigler
1867 Riverwood Drive
Louis & Lynette Presta
1875 Riverwood Drive
William & Kathy Brunett
1885 Riverwood Drive
Donald & Susan Armstrong
1899 Riverwood Drive
Thomas & Deanna Anderson
1840 Riverwood Drive
Spring Hagen
1856 Riverwood Drive
Allen & Joanne Gianoli
1864 Riverwood Drive
Bonnie Long
1872 Riverwood Drive
Louis Bowne
1880 Riverwood Drive
Robert & Elaine Winslow Family Trust
1888 Riverwood Drive
Roy & Charmain Whitworth
1896 Riverwood Drive
Forrest & Jocelyn Tillman
1900 Riverwood Drive
Use the Additional Insured Endorsement CG 20,32 or equivalent acceptable to the Owner and
Engineer.
7. SAFETY STANDARDS
The Contractor shall be solely and completely responsible for conditions of the jobsite, including
safety of all persons (including employees) and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours. Safety
provisions shall conform to U.S. Department of Labor (OSHA), and all other applicable federal,
state, county, and local laws, ordinances, codes, and regulations. Where any of these are in
conflict, the more stringent requirement shall be followed. The Contractor's failure to thoroughly
SPECIAL PROVISIONS
Page 6
familiarize himself with the aforementioned safety provisions shall not relieve him from
compliance with the obligations and penalties set forth therein.
The Contractor shall develop and maintain for the duration of this contract a safety program that
will effectively incorporate and implement all required safety provisions. The Contractor shall
appoint an employee who is qualified and authorized to supervise and enforce compliance with
the safety program.
The duty of the Engineer to conduct construction review of the work does not include review or
approval of the adequacy of the Contractor's safety program, safety supervisor, or any safety
measures taken in, on, or near the construction site.
The Contractor, as a part of his safety program, shall maintain at his office or other well-known
place at the jobsites, safety equipment applicable to the work as prescribed by the aforementioned
authorities, all articles necessary for giving first-aid to the injured, and shall establish the
procedure for the immediate removal to a hospital or a doctor's care of persons (including
employees) who may be injured on the jobsite.
If death or serious injuries or serious damages are caused, the accident shall be reported
immediately by telephone or messenger to both the Owner and the Engineer. In addition, the
Contractor must promptly report in writing to the Owner and the Engineer all accidents
whatsoever arising out of, or in connection with, the performance of the work whether on, or
adjacent to, the site, giving full details and statements of witnesses.
If a claim is made by anyone against the Contractor or any Subcontractor on account of any
accident, the Contractor shall promptly report the facts in writing to the Owner and the Engineer,
giving full details of the claim.
The Contractor shall take all necessary provisions for safe handling of chemical amendments and
potentially hazardous wastes, including apprising himself of hazards, developing safety plans,
providing emergency and decontamination services, and developing spill containment
procedures.
8. PAYMENTS TO CONTRACTOR
8.1 Scope. This section supersedes the sections of the General Conditions pertaining
to payments to the Contractor, to be in compliance with MCA 28-2-2103 as
amended on October 1, 2003. If an alternate billing, approval, and/or payment
cycle is required for this project those provisions are discussed in the “Instructions
to Bidders” section of these Contract Documents, and shall supersede this section
on Payments to the Contractor.
8.2 Application for Partial and Final Payment. The Contractor shall prepare and
submit one (1) copy of the Application for Payment on a monthly billing cycle. At
the preconstruction conference it will be agreed upon which day of the month this
application should be submitted so that it coincides with the Owner’s billing
approval and payment schedule. After the first partial payment request is
SPECIAL PROVISIONS Page 7
submitted the Contractor shall submit their subsequent applications on the same
date each month for the duration of the project.
After the Contractor submits their Application for Payment the Owner will have
twenty one (21) calendar days to review and approve payment for the entire
amount of the request, or the undisputed portion of the request. During this same
time period the Engineer will review the payment request and make
recommendations to the Owner on the items which the Engineer feels are
approved for payment, and which items are in dispute. Items which are in dispute
will be documented in writing and provided to the Contractor for correction and
resubmission on subsequent payment requests. The undisputed portion will be
approved for payment, and will be paid within seven (7) calendar days after
approval. Five percent (5%) retainage of all partial payments will be withheld
from payment until the completion of the project as discussed in the Measurement
& Payment section of these Special Provisions.
The Final Application for Payment, including release of the five percent (5%)
retainage, may only be submitted after the Engineer has signed the Certificate of
Substantial Completion and all punchlist items have been addressed as described
in Supplementary Condition 18.
9. GENERAL CONSTRUCTION REQUIREMENTS
9.1 Quality Assurance. The Engineer will monitor the construction of work covered
by this section to determine if the work is being performed in accordance with the
contract requirements. The Engineer does not have the authority or the means to
control the Contractor's methods of construction. It is, therefore, the Contractor's
responsibility to utilize all methods, equipment, manpower, and other means
necessary to assure that the work is installed in compliance with the Drawings and
Specifications, and laws and regulations applicable to the work. All buried work
items shall be installed in the presence of the Engineer or may not be considered
for payment.
9.2 Grade and Alignment. The Engineer will provide benchmark elevations
throughout the entire project area as necessary. The Contractor shall provide, with
his own equipment, tools, material, and labor, all intermediate line and grade
control necessary to install the work within the tolerances specified. The
Contractor shall calibrate and maintain all line and grade control equipment,
including transits, levels, lasers, and other equipment, periodically to assure their
accuracy.
9.3 Tolerances. Construction tolerances for the work, shall be as outlined in the
Technical Specifications.
9.4 Construction Limits. Where construction limits, or property lines, are not
specifically called out on the Drawings, the limit shall be 5 feet, when measured
each way from the centerline of the new pipe, or to the adjacent property line,
SPECIAL PROVISIONS
Page 8
whichever is less. Disturbance and equipment access beyond this limit is not al-
lowed without the written approval of both the Engineer and the Owner of the af-
fected property. If so approved, disturbance beyond construction limits shall meet
all requirements imposed by the landowner; this includes existing roads used
and/or improved as well as the construction of new access roads. Special con-
struction, reclamation, or post-construction road ripping or other closure
provisions required by the landowner on access roads beyond the construction
limits shall be performed by the Contractor at no additional cost to the Owner.
9.5 Areas of Disturbances. Approved areas of disturbance are those areas disturbed
by construction activities within the construction limits and along designated or
approved access routes. Such areas shall require reclamation and revegetation
operations, including grading to the original contours, topsoiling with salvaged or
imported topsoil, seeding, fertilizing, and mulching as specified herein (See
Special Provision 38 for Additional Requirements).
Other areas that are disturbed by the Contractor's activities outside of the limits
noted above will be considered as site damage or unapproved areas of
disturbance subject to the repair and replacement quality as specified herein. Such
areas will also require the reclamation and revegetation operations noted above
and as specified herein, but costs of such work shall be borne by the Contractor.
This includes areas selected by the Contractor outside the defined construction
limits for mobilization, offices, equipment, or material storage.
The Contractor shall order sufficient materials to perform the required work for all
areas of disturbance. The Owner will pay for the required revegetation work in all
approved areas of disturbance. The Contractor will pay for the required
revegetation work in all unapproved areas of disturbance.
10. ENGINEERING INTERPRETATIONS
10.1 Engineering Decisions: It is realized that timely engineering decisions on
construction activities or results have an important bearing on the Contractor's
schedule. On this project the Engineer will make every effort to have an On-Site
Representative (OSR) readily available to the project during the construction
period, who has the authority to make judgment calls on matters dealing with
interpretation of the plans and specifications, with the one qualification; that he
shall have the right to take twenty-four (24) hours to confer with other Engineers
before giving said decision.
10.2 When the decision affects a plan design or specification change, it should be
realized that more time may be required than twenty-four (24) hours to gain the
necessary Owner and funding source participation in the decision process
including time for formal change order preparation as required.
SPECIAL PROVISIONS Page 9
11. CONTINUING PERFORMANCE
11.1 Scope. This section supplements the procedures set forth in the General
Conditions to be followed in the event any part of the work or any change thereto
becomes disputed. Resolution of unresolved disputes is discussed in the General
Conditions.
11.2 Maintenance of Progress. Time is of the essence in completion of this project.
The Contractor shall continue to actively execute all work. Failure of the
Contractor to actively and effectively pursue the work shall be sufficient grounds
for the Owner to terminate the services of the Contractor as provided in Section
15.02 of the General Conditions except, however, that a 10-day notice of termina-
tion shall be given only once. Resumption of work by the contractor, after
receiving notice of termination, will not reinstate the 10-day notice period; and the
Owner may at any time after the 10-day period immediately take whatever action
the Owner deems necessary to maintain the construction schedule, at the Contrac-
tor's expense.
12. ENGINEERING, INSPECTIONS, AND TESTING
All work will be tested and inspected to insure compliance with the Contract Documents.
Complete payment will not be made until the Contractor has demonstrated that the work is
complete and has been performed as required. If the Engineer detects a discrepancy between the
work and the requirements of the Contract Documents at any time, up to and including final in-
spection, such work will not be completely paid for until the Contractor has corrected the
deficiency.
The Engineer will monitor the construction of work to determine if the work is being performed
in accordance with the contract requirements. The Engineer does not have the authority or means
to control the Contractor's methods of construction. It is, therefore, the Contractor's responsibility
to utilize all methods, equipment, manpower, and other means necessary to assure that the work
is installed in compliance with the Drawings and Specifications, and laws and regulations
applicable to the work. Any discrepancies noted shall be brought to the Contractor's attention,
who shall immediately correct the discrepancy. Failure of the Engineer to detect a discrepancy
will not relieve the Contractor of his ultimate responsibility to perform the work as required.
The Contractor shall inspect the work as it is being performed. Any deviation from the Contract
requirements shall be immediately corrected. Prior to any scheduled inspection by the Engineer,
the Contractor shall again inspect the work and certify to the Engineer that he has inspected the
work and it meets the requirements of the Contract Documents. All buried work items shall be
inspected by the Engineer prior to backfilling, or may not be considered for payment.
The work will be subject to review by the Owner, whose findings shall be as valid as those of the
Engineer. The results of all such observations shall be directed to the Contractor through the
Engineer.
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12.1 Testing and Inspection Services Provided by the Contractor. The Contractor shall
provide the following services:
a. Preparation and certification of all required shop drawings and submittals
as described in the Supplementary Conditions.
b. Tests as required by the Contract Documents which include, but are not
limited to compaction testing, material gradations, fine soil analysis,
pressure tests, bacteria testing and T.V. inspections. All tests requiring the
services of a laboratory to determine compliance with the Contract
Documents shall be performed by an independent commercial testing
laboratory acceptable to the Engineer. The laboratory shall be staffed with
experienced technicians properly equipped, and fully qualified to perform
the tests in accordance with the specified standards.
c. Moisture-density curves of the different types of base course material,
backfill and bedding material encountered or supplied.
d. The Contractor shall arrange for and pay for an independent laboratory to
prepare a bituminous surfacing job-mix formula and to test for compaction
and job-mix compliance during the paving operations as called out in the
Technical Specifications.
e. The Contractor shall provide the Engineer with a written schedule
indicating dates for specific testing and inspection services to be
performed. The schedule shall be updated as required to give the Engineer
at least one week's advance notice. The Contractor shall notify the
Engineer immediately of any change or shall be subject to pay engineering
fees as herein defined.
f. Maintenance of project record drawings.
g. The Contractor shall arrange for and pay for all tests required not
specifically identified below as being performed by the Engineer.
12.2 Testing and Inspection Services Provided by the Owner. The Owner shall provide
the following services at no cost to the Contractor except as required for retests as
defined in the Contract Documents.
a. The Owner/Engineer will observe and review the results of the
Contractor’s placement and compaction of Asphalt Concrete Pavement,
in-place soil and aggregate density tests, pressure tests, bacteria testing,
pipe installation and concrete strength laboratory tests. Contractor shall
coordinate tests with the Owner/Engineer and provide all necessary
equipment and labor to perform the required tests.
SPECIAL PROVISIONS Page 11
13. CONSTRUCTION SURVEYS BY CONTRACTOR
The Contractor will be responsible for all layout and construction staking utilizing the Engineer’s
existing control and coordinate data for street, sidewalks, monuments, manholes, and any other
construction which requires surveying. Dimensions and elevations indicated in layout of work
shall be verified by the Contractor. Discrepancies between Drawings, Specifications, and
existing conditions shall be referred to the Engineer for adjustment before work is performed.
Existing Engineer Control: The Engineer has set survey control (horizontal and vertical) for use
in the design and ultimately the construction of these improvements. A listing of the coordinates
and vertical elevation for each of these control points is included in the Plans. From these
control points the Contractor shall layout the work by establishing all lines and grades at the site
necessary to construct the work and shall be responsible for all measurements that may be
required for the execution of the work to the location and limit marks prescribed in the
specifications or on the Contract Documents.
Several of the Engineer’s control points may have been disturbed or accidentally removed before
contractor layout begins. The Contractor will be responsible for verifying the accuracy of all
control points and laying out all critical project points with the remaining control points. The
Contractor will be responsible for preserving and protecting the survey control until proper
referencing by the Contractor has been completed. Any survey control obliterated, removed, or
otherwise lost during construction will be replaced at the Contractor’s expense. Any claims
relating to survey location or construction staking accuracy must be supported by original control
point data and verified in the field to the satisfaction of the Engineer.
The Contractor will utilize the services of a Professional Land Surveyor, currently licensed in
the State of Montana, for the construction staking for this project. Minimum project staking
frequencies are as follows:
a. Gravity Utility Mains & Services: Stake all manholes and pipe stub-outs with two
aligned offset hubs with cut/fill values referenced to pipe inverts. Services only
need one stake to identify horizontal location of the service at the main tie-in (no
hub or cut/fill information required).
b. Pressurized Utility Mains & Services: Stake all valves, fittings, hydrants, tees,
stub-outs and angle breaks with two aligned offset hubs with elevations. Services
only need one stake to identify horizontal location (no hub or elevation required).
Mains shall be staked, at a minimum, every 100 feet with an offset hub with
elevation.
c. Roadway: Centerline offset hubs every 100 feet with elevations. When possible,
place hubs near Right-of-Way lines or outside of the construction limits.
The following are additional staking requirements that may be performed by the
Contractor if the Contractor proves to have sufficient equipment/experience to do
so: All subgrade surfaces shall be staked (with blue tops) every 50 feet
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longitudinally. All base course gravel surfaces shall be staked (with blue tops)
every 25 feet longitudinally. When in cut or fill sections, exceeding 2 feet in
depth from existing at centerline, slope staking shall be provided every 25 feet
longitudinally.
Contractor shall be aware of property pins not specifically called out for removal. Damage to
these pins will require replacement of such by a registered land surveyor at no cost to the owner.
The Contractor is responsible for the location and elevation of all the construction contemplated
by the Contract Documents.
The Contractor is responsible for documenting the location, color, and type of any pavement
markings so markings can be reinstalled in existing locations.
Prior to commencing work, the Contractor shall carefully compare and check all drawings, each
with the other that in any way affects the location or elevation of the work to be executed by him,
and should any discrepancy be found, he shall immediately report the same to the Engineer for
verification and adjustment. Any duplication of work made necessary by failure or neglect on his
part to comply with this function shall be done at his sole expense.
For surveys necessary to determine the amount of progress payments, the Contractor will be
required to furnish all personnel, equipment and material required to make such surveys as are
necessary to determine the quantities of work performed or placed during the period covered by
the progress payment. All original field notes, computations and other records taken by the
Contractor for the purpose of quantity and progress surveys shall be furnished promptly to the
Engineer and shall be used to the extent necessary in determining the proper amount of payment
due to the Contractor. These field notes, computations and other records shall be neat and
orderly. Field notes shall be complete and in a standard format approved by the Engineer.
Unless waived, all quantity surveys made by the Contractor may be reviewed by the Engineer.
No separate payment will be made for the work covered under this section of the Specifications
and all costs in connection therewith shall be included in the price bid for related work items.
14. UTILITIES
The exact locations of existing underground utilities that may conflict with the work are not
precisely known. It shall be the Contractor's responsibility to contact the owners of the respective
utilities and arrange for field location services. The Contractor alone is responsible for
coordinating the work with the utility owners. Any delay resulting from the utilities is the
Contractor’s responsibility and shall not be cause for an increase in contract time.
14.1 Notification. The Contractor shall contact, in writing, all public and private utility
companies that may have utilities that may be encountered during excavation. The
notification shall include the following information:
* The nature of the work that the Contractor will be performing.
* The time, date and location that the Contractor will be performing work
that may conflict with the utility.
SPECIAL PROVISIONS Page 13
* The nature of work that the utility will be required to perform such as
moving a power pole, supporting a pole or underground cable, etc.
* Requests for field location and identification of utilities.
A copy of the letter of notification shall be provided to the Engineer. During the
course of construction, the Contractor shall keep the utility companies notified of
any change in schedule or nature of work that differs from the original
notification.
14.2 Identification. All utilities that may conflict with the work shall be the
Contractor's responsibility to locate before any excavation is performed. Field
markings provided by the utilities shall be preserved by the Contractor until actual
excavation commences. All utility locations on the Drawings should be
considered approximate and should be verified in the field by the Contractor. The
Contractor shall also be responsible for locating all utilities that are not located on
the Drawings.
14.3 Removal or Relocation of Utilities. This section applies to electric power, gas,
telephone and television utilities. Whenever there is a direct conflict between the
work being performed and the utility, the Contractor shall be responsible to
remove, relocate or temporarily support the utility during the course of construc-
tion. Any charges by the utility for removing, relocation or temporarily supporting
the utility shall be paid for by the Owner.
14.4 Public Utilities. Water, sewer, storm drainage, street lighting and other utilities
owned and operated by the public entities shall, unless otherwise specifically
requested by the utility owner, be removed, relocated, supported or adjusted as
required by the Contractor at the Owner's expense. All such work shall be in
accordance with these Specifications, or the Owner's Standard Specifications or
written instructions when the work involved is not covered by these Specif-
ications.
14.5 Other Utilities. Utilities owned and operated by private individuals, railroads,
school districts, associations, or other entities not covered in these Special
Provisions shall, unless otherwise specifically requested by the utility owner, be
removed, relocated, supported or adjusted by the Contractor at the Owner's ex-
pense. All work shall be in accordance with the utility owner's directions, or by
methods recognized as being the standard of the industry when directions are not
given by the owner of the utility.
14.6 Damage to Utilities and Private Property. The Contractor shall protect all utilities
and private property and shall be solely responsible for any damage resulting from
his construction activities. The Contractor shall hold the Owner and Engineer
harmless from all actions resulting from his failure to properly protect utilities and
private property. All damage to utilities shall be repaired at the Contractor's
expense to the full satisfaction of the owner of the damaged utility or property.
The Contractor shall provide the Owner with a letter from the owner of the
SPECIAL PROVISIONS
Page 14
damaged utility or property stating that it has been repaired to the utility owner's
full satisfaction.
14.7 Water Mains and Services. All water mains and services exposed during
construction shall be adequately supported and protected from freezing at all
times. Sections of water mains shall not be valved off without first giving the
Owner sufficient notification and receiving authorization from the Engineer. Any
existing or new valves which control the City of Columbia Falls water supply
shall be operated by the City of Columbia Falls personnel only. Unless other-
wise permitted in writing by the Owner, water mains and services shall not be shut
off for more than 3 hours. All affected water service customers shall be notified
by the Contractor in advance of any interruption of service.
Whenever a water main or service is damaged as a result of the Contractor's
operations, the Contractor shall take immediate steps to repair the damage and
disinfect all water mains and services contaminated as a result of the damage.
Existing water services from the mains to private property which interferes with
trenching operations may be cut and replaced at the Contractor's option and
expense provided the requirements for notification, length of interruption, and
disinfection specified above are adhered to.
14.8 Maintenance of Flows. Adequate provisions shall be made for maintaining the
flow of sewers, drains, and water courses encountered during construction.
Culverts, ditches, fences, crosswalks, and structures which are disturbed by this
construction shall be satisfactorily restored to their original condition upon com-
pletion of the work.
14.9 Structures. The Contractor shall exercise every precaution to prevent damage to
existing buildings or structures in the vicinity of his work. Contractor is
responsible for determining whether work will potentially affect existing buildings
or structures. In the event of such damages, he shall repair them to the satisfaction
of the owner of the damaged structure at no cost to the Owner.
14.10 Overhead Utilities. The Contractor shall use extreme caution to avoid a conflict,
contact, or damage to overhead utilities, such as power lines, street lights,
telephone lines, television lines, poles, or other appurtenances during the course of
construction of this project.
14.11 Buried Gas and Petroleum Lines. The Contractor shall provide some means of
overhead support for buried gas and petroleum lines exposed during trenching to
prevent rupture in case of trench caving.
14.12 Pavement Removal. Where trench excavation or structure excavation requires the
removal of curb and gutter, concrete sidewalks, or asphaltic or concrete pavement,
the pavement or concrete shall be cut in a straight line parallel to the edge of the
excavation by use of a spade-bitted air hammer, concrete saw, colter wheel, or
SPECIAL PROVISIONS Page 15
similar approved equipment to obtain a straight, square clean break. Pavement
cuts shall be 2 feet wider than the actual trench opening as indicated in the
Drawings.
14.13 Survey Markers and Monuments. The Contractor shall use every care and pre-
caution to protect and not disturb any survey marker or monuments, such as those
that might be located at lot or block corners, property pins, intersection of street
monuments or addition line demarcation. Such protection shall include markings
with flagged high lath and close supervision. No monuments shall be disturbed
without prior approval of the Engineer. Any survey marker or monument not
specifically called out for removal that is disturbed by the Contractor during the
construction of the project shall be replaced at no cost to the Owner by a licensed
professional land surveyor.
15. SITE ACCESS
Site access is shown on the Construction Drawings. The Contractor shall not unreasonably
encumber the site or public rights-of-way with his materials and construction equipment. The
Contractor shall comply with all reasonable instructions of the Owner’s representative and the
ordinances and codes of government agencies regarding signs, traffic, fires, explosives, danger
signals and barricades.
16. CONSTRUCTION FACILITIES AND CONTROLS
16.1 Temporary Utilities. The Contractor shall provide all temporary electrical,
lighting, telephone, heating, cooling, ventilating, water, sanitary, first aid, fire
protection, and other utilities and services necessary for the performance of the
work. All fees, charges, and other costs associated therewith shall be paid for by
the Contractor.
16.2 Barriers.
* The Contractor shall temporarily remove all signs, fences, barricades,
minor structures, and other obstructions that interfere with the prosecution
of the work. Removal shall not extend beyond designated construction
limits or rights-of-way without first obtaining written authorization from
the owner of the barrier.
* Fences and barricades used for the confinement or exclusion of livestock,
animals, or persons shall be replaced at the end of each work day to the
extent necessary to perform the restrictive intent of the barrier.
* Unless otherwise directed by the Engineer or indicated on the Drawings,
all barriers so removed shall be replaced following the completion of the
work to as good or better condition than existed prior to the start of work.
This requirement applies to small trees and decorative shrubs as well as
signs, fences, barricades, and minor structures.
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Page 16
* The Contractor shall replace at his own expense all barriers damaged or
destroyed.
16.3 Security. The Contractor shall provide all security measures necessary to assure
the protection of his plant and equipment, products and materials in storage,
completed work, and the project in general.
16.4 Temporary Controls. The Contractor is reminded state, federal, and local laws
and regulations require the Contractor to provide controls to limit or prevent
nuisance and pollutive work methods and procedures.
17. DISPOSAL OF USED WATER
Disposal of used water shall be the responsibility of the Contractor. Discharges to the surface are
subject to permit and regulatory requirements. Discharge of chlorinated water is the
responsibility of the Contractor. Discharge to sewer or storm drains must be coordinated with
the Owner.
18. SITE DEWATERING
Site dewatering, if required, shall consist of that dewatering necessary to construct the work as
specified, including all excavation and embankment. The Contractor shall submit a plan for
dewatering to the Engineer, but this plan is for informational purposes only. The Contractor is
responsible for determining the appropriate method of dewatering and analyzing whether any
dewatering will affect existing utilities, structures or buildings. The Contractor shall also be
responsible for obtaining the necessary permits for discharge of the dewatering operations.
19. SMOKE AND DUST CONTROL
The Contractor shall have informed himself of all applicable State Board of Health requirements
and similar state or federal requirements pertaining to control of or abatement of air pollution. He
shall have provided or be prepared to provide such air pollution control measures as are required
to comply with the minimum standards established by such agencies.
Hauling of material and transport of equipment along public roadways or through the towns and
adjacent other structures and dwellings shall require effective dust abatement procedures. This
also applies to the unloading and placement of spoils material at deposition sites. The Contractor
shall utilize environmentally sound methods for watering and/or otherwise chemically treating
dust generating surfaces to comply with all applicable legal standards for airborne particulates.
Prior to any work, the Contractor shall submit a written plan for dust abatement procedures
identifying at a minimum the following:
* Times and nature of dust generating activity on public roads and at deposition sites.
* Nature and chemical characterization of dust abatement materials to be used.
* Method of application of dust abatement materials to be used.
* Time schedule for application of dust abatement materials to be used.
SPECIAL PROVISIONS Page 17
* Availability of equipment and operators for emergency application of dust abatement
materials at other than scheduled times.
Watering for dust control is considered incidental to the Contract and shall be performed at no
additional cost to the Owner.
20. WATER POLLUTION / SEDIMENT CONTROL
The Contractor shall comply with all laws and regulations of the Montana Department of
Environmental Quality and with all other federal, state, and local laws and regulations controlling
pollution of the environment. The Contractor shall take necessary precautions to prevent
pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other
harmful materials and to prevent pollution of the atmosphere from particulate and gaseous
matter.
Sediment control provisions shall be used whenever work is conducted adjacent to drainages or
watercourses to control silt in runoff. Adequate silt barriers or sediment traps shall be used to
comply with statutory requirements for all stream-side work, both during and after working
hours. Measures used may include staked straw bales, sediment ponds, and/or staked silt fence
(Mirafi "Enviro-Fence", or equal). Sediment control measures shall be considered incidental to
the Work, and no separate payment for them will be allowed. The Contractor will be solely
responsible for the selection and implementation of sediment control measures to assure permit
and statutory compliance.
21. SANITARY FACILITIES
The Contractor shall furnish, install, and maintain ample sanitary facilities for all workmen. As
the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as
required by the sanitary codes of state and local governments. All such facilities and services
shall be furnished in strict accordance with existing and governing health regulations. Costs for
furnishing, installing, and maintaining sanitary facilities shall be considered incidental to other
items of work, and no additional compensation will be allowed.
22. USE OF COMPLETED PORTIONS
The Owner shall have the right to take possession of and use any completed or partially
completed portions of the work, notwithstanding that the time for completing the entire work or
such portions may not have expired; but such taking possession and use shall not be deemed an
acceptance of any work not completed in accordance with the Contract Documents. If such prior
use causes refinishing of completed work, the Contractor shall be entitled to such extra
compensation or extension of time or both, as agreed by the Owner.
23. RECORD DRAWINGS
23.1 The Contractor’s Superintendent shall maintain at the project site, a “Record Set
of Drawings” showing field changes, as-built elevations, unusual conditions
encountered during construction, and such other data as required to provide the
Owner with an accurate “as constructed” set of record drawings. The Contractor
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shall furnish the “Record Set” to the Engineer following the Final Inspection of
the Project.
23.2. The Contractor’s final estimate and final payment will not be processed until the
“Record Set” of drawings are received and approved by the Engineer.
24. OSHA REGULATIONS
The Contractor will be required to comply with current Occupational Safety and Health
Administration Construction Standards for Excavations.
Any conflicting information between OSHA documents and these Contract Documents shall be
revised so that the OSHA document requirements supersede and take precedence over all other
conflicting information. The Contractor shall be required to obtain copies of the OSHA document
and to complete a review of the same to avoid misinterpretation of their regulations.
Hazardous Atmospheres: The Contractor shall prevent employee exposure to potentially harmful
levels of contaminants and assure acceptable OSHA worker safety procedures are implemented.
25. CONTAMINATED MATERIALS
1. General: If contaminants are encountered, Contractor shall provide notice to the
Owner, Engineer and the Montana Department of Environmental Quality (MDEQ).
2. Procedures at Soil Contaminant Sites: Since the scope of the project is not designated
as cleanup, any contaminated soil material shall be separated during the excavation
process from non-contaminated soil material, temporarily stored and protected on the
site, and then returned to the trench for use as backfill material. Measures shall be
taken to address the following requirements:
a. Contractor shall comply with all applicable OSHA regulations to protect the
health and safety of their employees from known or suspected hazards in the
Work environment. For a Contractor working near any discovered or
identified contaminant areas during the process of the Work, Contractor shall
be required to demonstrate employee training similar to the requirements of 29
CFR 1910.120(e)(3) for “routine and non-routine site employees” on a
hazardous waste site. Contractor shall be required to properly secure the site
to protect and prevent exposure of the general public to the contaminated
materials.
b. The pipe materials shall be stored, handled and installed to prevent contact
with any contaminants and where directed by Engineer, prevent migration of
the contaminants from the area.
c. The temporary site storage of metals contaminated soils and materials shall
require securing the material from access by all unauthorized parties. The
material shall be covered and provisions made to prevent migration of the
contaminants from the source material by rainstorms or other events. The
material shall be placed either on an impervious liner material, or on the
SPECIAL PROVISIONS Page 19
asphalt street surface. The material shall not be mixed with non-contaminated
materials in as much as is practicable.
d. Excavated materials to be returned as backfill shall be replaced in close
proximity to the site of origin from the trenches.
All work related to providing training personnel and to the handling of contaminated
soils as per these specifications shall be taken under consideration for separate
payment when justified costs are provided by the Contractor.
3. When contaminants other than metals contaminated soils are encountered during the
project (such as hazardous substances or wastes), the situation will be addressed by
the Owner, Engineer and Regulatory Agencies at the time of discovery.
26. PUBLIC NOTIFICATIONS
It will be the responsibility of the Contractor to notify the following individuals for the
following items:
Notify all affected parties of roadway/driveway detours and closures in writing
at least 48 hours in advance.
Notify the Emergency Services, Fire Department and the Montana Veterans
Home of any roadway detours and closures at least 48 hours in advance.
Contractor to place “NO PARKING” signs as needed the night before the start
of work to ensure vehicles are not in the way of construction progress.
Notify Owner, Engineer, and all landowners and residents (including renters),
48 hours in advance, of when they cannot access their driveways because of
ANY CONSTRUCTION RELATED activities.
Notify Owner, Engineer, and all landowners and residents (including renters),
48 hours in advance, of when paving operations will occur.
Notify Owner, Engineer, Landowners and Montana Veterans Home 72
hour in advance of proposed water and sewer outages. The Contractor
shall provide all parties with a written schedule of the proposed water outage
including the dates, times and locations of the proposed outage. Failure to
give the affected parties the required information within the specified time
frame may result in the Contractor not being allowed to proceed with the
scheduled work.
27. MONTANA VETERANS HOME VEHICULAR ACCESS AND PEDESTRIAN
CONTROL
Prior to the sanitary sewer main being installed across Veterans Way, a temporary access road
shall be constructed to ensure access is maintained at ALL TIMES to the Montana Veterans
Home (MVH). UNDER NO CIRCUMSTANCES SHALL ACCESS BE CLOSED TO MVH.
The temporary access road shall be constructed by laying out road fabric across the existing grass
and constructing a temporary gravel access road, as specified with appropriate lighting for
SPECIAL PROVISIONS
Page 20
nighttime operation. All open excavations adjacent to the access roads shall be barricaded with
concrete barricades & fencing to ensure public safety.
The Contractor shall ensure adequate pedestrian control is provided on all areas within the MVH
complex. The construction limits of the proposed project contain multiple sidewalk and
pedestrian paths within the MVH complex. These sidewalks and paths are heavily utilized by the
residents at MVH. The Contractor shall take all necessary measures and provided necessary
barricades to ensure a pedestrian safety is maintained.
28. ACCESS TO RIVERWOOD SUBDIVISION
Prior to commencing any excavations within Riverwood Drive, the proposed water main
extension at Driftwater Way must be installed. Upon completing the water main extension, the
connector road from Riverwood Drive to Driftwater Way shall be constructed, less asphalt.
Having the connector road installed will allow residents another access.
29. MAINTENANCE OF VEHICULAR ACCESS AND STREET CLOSURES
The Contractor will be allowed to have one segment of either Driftwater Way or Riverwood
Drive closed at a time. The Contractor will be responsible for all notifications, signs and
personnel required for the closure. The closure shall not exceed 250’ in length. The Contractor
shall NOT close any private access, in its entirety, for longer than four (4) hours, and only after
48 hour advanced notice to the Owner, Engineer, landowner and resident (this includes all
renters). The Contractor will be responsible for maintaining only one (1) access to each
residence during construction.
If the Contractor elects to have multiple pipe crews working on the project or during surfacing
improvements the Contractor shall maintain, at a minimum, “ONE LANE, TWO WAY
TRAVEL” through the additional work area using approved traffic control. The Contractor shall
provide “TWO LANE, TWO WAY TRAVEL” through the work area at night or when
construction activities have ceased.
30. FEES AND PERMITS
30.1 Permit for construction within Right-of-Way will be the Notice to Proceed.
30.2 The Contractor will be required to submit NOI & SWPPP to MDEQ for
compliance with the General Permit (Storm Water Discharge Associated with
Construction Activity). Construction dewatering permits (if necessary) will be the
responsibility of the Contractor.
It will be the Contractor’s responsibility to comply will all conditions stated within applicable
permits. All Contractors and Subcontractors shall familiarize themselves with the permits and
conditions associated with this project. Copies of the Owner secured permits may be obtained
from the Engineer at request.
SPECIAL PROVISIONS Page 21
31. SOILS INFORMATION
A total of four test pits were dug along Riverwood Drive to document the depths of the existing
road base materials. The results of this information was summarized in a separate document.
Copies of that information are available from the Engineer upon request. Additional geotechnical
investigations were not conducted as part of this project.
32. PROTECTION OF ADJACENT IMPROVEMENTS
Retain and protect all adjacent improvements not called for removal on the drawings. Restore all
damaged items to pre-existing condition at no additional cost to the owner.
33. CONSTRUCTION WATER
The Contractor has the option to purchase construction water from the City of Columbia Falls for
use on the project. The Contractor would be required to meter the water with a City provided
water meter and pay a refundable deposit on the meter. Water for the project will be billed at a
bulk rate.
34. EXPLORATORY EXCAVATION
Exploratory excavation activities may be used to find critical buried items that are at unknown
locations (i.e. buried connections, utilities that cannot be located, etc.). All exploratory
excavation activities must be approved in advance by the Engineer. Exploratory excavation
activities shall include, at a minimum, one midsized excavator, an operator and two laborers.
Locating underground utility crossings during new pipeline installations, shall be incidental to
the new pipeline unit price, and will not be eligible for exploratory excavation. Exploratory
excavation shall be paid for by the hour at the base bid unit bid price.
35. SUB-EXCAVATION AND STABILIZATION
Over-excavation shall be only as specifically authorized by the Engineer. Backfill will be
imported (payable) as specifically directed by the Engineer. Sub-excavation and stabilization,
when required and approved by the Engineer, will be paid at the contract unit price.
The proposal calls for 500 tons of sub-excavation and stabilization. This quantity was chosen to
establish a unit price. Actual amount of sub-excavation and stabilization needed to complete the
project is unknown. No adjustment in the proposal base bid unit price will be made regardless of
how much sub-excavation and stabilization is used.
Imported sub-excavation and stabilization material shall meet MPWSS Section 02234.2.4.A for
4” Minus material. The Contractor shall provide haul tickets to the Engineer at the end of
each working day summarizing how much material was placed and where it was placed.
NO PAYMENT WILL BE MADE, UNDER ANY CIRCUMSTANCE, FOR 4” MINUS
MATERIAL NOT DOCUMENTED ON HAUL TICKETS.
SPECIAL PROVISIONS
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36. SANITARY SEWER SERVICES AND SEPTIC SYSTEM ABANDONMENT
This project involves installation of new sewer service lines across private property. Prior to
installing any services on private property the Contractor shall conduct a photographic
documentation of the existing conditions of the private property along the route of the proposed
service. Photographic documentation shall be utilized for the “in-kind” restorations made to
damaged or disturbed items.
On all private property within the Riverwood Estates Subdivision the Contractor shall utilize
road fabric or equivalent to place all trench spoils on while excavating to minimize damages to
existing landscaping and other improvements. All damages outside the construction limits shown
on the plans (or maximum width of 10’-0”) shall be repaired by the Contractor, to the Private
Property Owner’s and Engineer’s Satisfaction, at no additional cost to the Owner.
All service trenches across landscaped areas shall be backfilled to within 3” of existing grade and
prepared to accept topsoil, to be installed by the landscaper. Rocks in excess of 3” shall be
removed from the top of the trench. All existing irrigation lines damaged by trenching activities
shall be temporarily capped and left exposed for repairs to be made by the landscaper (see
Additive Alternate #1).
The Engineer has conducted preliminary investigations to determine the locations of each
existing septic system and approximate service line invert elevations. Prior to installing the new
service line, the Contractor may provide the Engineer with an elevations on the top of the
existing service pipe at the connection point, as well as the elevation of other utility crossings.
These elevations can be supplied to the Engineer on the “Sewer Service Elevation Form” found
in the Miscellaneous Forms section of these Contract Documents. The Engineer will then re-
analyze each sewer service run and provide the Contractor with revised grades and elevations if
the Contractor elects to do so.
To abandon the existing septic systems, the Contractor shall first have the new sewer service line
installed as shown on the plans, final connections at the home shall be coordinated to ensure
proper notice of sewer outages have been given to the landowner. Secondly, the septic tank
pumped by a licensed septic pumper. Third, the septic tank lid shall be either removed or crushed
and abandoned in place. Finally, the tank shall be filled with earth or gravel compacted in lifts.
The new sewer services shall be 4” PVC SDR 35, 1% minimum grade (2% minimum where
grade allows) and 4-foot minimum cover (unless insulated). The Contractor shall coordinate the
sewer service switch over with the property owners. All costs associated with the septic system
abandonment shall be included in the Septic System Abandonment base bid unit price.
37. DISCONNECT EXISTING WELL
The Contractor shall coordinate disconnecting the existing well with the City, Engineer and
Riverwood Estates Water Operator to develop a plan to minimize water outages. At which time
the existing well is disconnected, the Contractor shall cap all lines supplying the existing system.
Caps to supply lines from the well shall be made a minimum of 10’-0” from the connection point
SPECIAL PROVISIONS Page 23
to minimize the potential for future cross connections. All caps shall be done by sterile
connection to protect the integrity of the existing well system.
38. ADDITIVE ALTERNATE #1 – RESIDENTIAL LANDSCAPE AND IRRIGATION
REPAIRS
The Additive Alternate #1 portion of this work includes the hiring of a licensed landscaper or
qualified individuals to make all landscaping, irrigation and other restorations necessary to repair
disturbances made on residential property within the specified construction limits from service
line installations.
In general this bid item will include installing 3” of imported topsoil (max width of 10’-0”, see
construction limits) compacted in place, finish grading and seeding with a seed mixture
compatible with the existing lawns. Additionally, all other miscellaneous landscaping/surfacing
improvements that are damaged within the construction limits will need to be repaired as part of
this work. The Landscaper/Contractor shall utilize the previously conducted photo
documentation to make repairs to disturbances “in kind”. The Landscaper/Contractor shall
coordinate these repairs with the respective landowners and Engineer to ensure the repairs made
are to the landowner’s/Engineer’s satisfaction. All irrigation lines damaged shall be repaired
under this work item. It will be the Landscaper/Contractor shall be responsible for coordinating
with respective landowners to ensure the irrigation system is operating properly after repairs are
made.
39. MEASUREMENT & PAYMENT
39.1 Scope. This section describes the method of measurements and basis of payment
for all work covered by the Contract Documents. For the purposes of this
Contract, this Measurement and Payment Section shall govern and take
precedence over all other references to measurement and payment (with exception
to any addenda) referenced in these specifications.
39.2 Bid Prices.
a. The bid price for each item of the Contract in the Bid Proposal shall cover
all work shown on the Drawings and required by the specifications and
other Contract Documents. All costs in connection with the work,
including furnishing all materials, equipment, supplies and appurtenances;
providing all required construction support plants, equipment, and tools;
constructing and maintaining dewatering systems; and performing all
necessary labor and supervision to fully complete the work, shall be
included in the unit and/or lump sum prices bid in the Bid Proposal. The
amounts shown on the Bid Proposal shall be the contract price.
b. No item that is required by the Contract Documents for the proper and
successful completion of the work will be paid for outside of or in addition
to the prices submitted in the Bid Proposal. All work not specifically set
forth as a pay item in the Bid Proposal shall be considered a subsidiary
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obligation of the Contractor and all costs in connection therewith shall be
included in the prices bid.
39.3 Retainage. Retainage in the amount of 5% will be withheld from each progress
payment.
39.4 Estimated Quantities. Any estimated quantities stipulated in the Bid Proposal or
other Contract Documents are approximate and are to be used; (1) only as a basis
for estimating the probable cost of the work and (2) for the purpose of comparing
the bids submitted for the work.
39.5 Incidentals. The following measurement and payment sections do not necessarily
name all the incidental items required by the Contract Documents to complete the
work. The cost of all such incidentals shall be included in the various related bid
items. Final payment will not be made until the work is complete and accepted by
the Owner.
39.6 Type 2 Bedding. If found to be necessary, Type 2 (a.k.a. Type II) bedding used
for pipe installations will be paid for per the linear foot of trench at a future
negotiated change ordered price. All other Type 2 bedding will remain incidental
to their respective bid items (i.e. Manholes)
39.7 Method of Measurement.
a. No measurement of items contained in this Contract will be made on items
representing a lump sum bid.
b. Measurement of items contained in this Contract will be made on the
number of items represented by each unit installed and described in further
detail in the payment section.
c. Linear, Plainer and Volumetric unit measurements (i.e. LF, SY, CY,
ACRE etc.) will be made along horizontal plains.
39.8 Basis of Payment.
A. Asphalt Removal
* General: This bid item shall include the removal, disposal, and clean-up
of existing asphalt necessary to construct the project to the lines and
grades as shown on the plans.
* Work Included:
All labor, tools, equipment, materials, and incidentals necessary to
complete the work as specified;
Rough-grading the site to provide positive drainage and construction
access as specified.
SPECIAL PROVISIONS Page 25
* Measurement: Measurement for asphalt removal will be measured by the
square yard from its original position as shown on the drawings. Removal
of asphalt, not authorized by the Engineer, outside the lines and
dimensions shown on the drawings will not be considered for payment.
* Payment: Payment for the completed and accepted quantities will be at
the contract unit price bid per Square Yard (SY).
B. Site Preparation
* General: This bid item shall include clearing and grubbing the site free
from all vegetation, brush, roots, stumps, grass, sod, organic material, and
other undesirable deleterious material within the construction limits
outside existing paved areas. This bid item shall also include the
excavation, placing, compacting of excavated material and disposal of
excess excavated/deleterious material encountered necessary to construct
the project to the lines and grades as noted in the specifications and
drawings.
* Work Included:
All labor, tools, equipment, materials, and incidentals necessary to
complete the work as specified;
All subsoil excavation of material to construct the roadway and sidewalks
to a depth, line and grade as shown in the drawings;
All compaction of material on subgrade surfaces or prior to embanking
material. Material shall meet the minimum density of the specifications;
Clearing and grubbing between the construction limits (minimum
necessary to construct project), including haul and disposal of cleared and
grubbed material and stump removal;
Rough-grading the site to provide positive drainage and construction
access as specified;
Haul or other transportation required to place the excavated material in
embankment to construct the project;
Excavation includes removal and hauling of existing concrete, curb,
sidewalk, existing pipe, etc;
Place clean excavated material into embankment meeting minimum
density specifications at the locations, lines, grades and elevations required
to construct the project;
All necessary shoulder grading;
All project BMP’s;
Furnishing and placing water for compaction and dust control;
All necessary saw cutting efforts;
Protection of existing underground gas, phone, power and cable during all
excavation efforts;
Final grading and cleanup;
All necessary utility company coordination efforts including the temporary
supporting of existing utilities;
All efforts associated with the removal salvage and resetting efforts of
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existing, lights, signs, sign posts, etc.;
All necessary tree removals, tree protection and preservation;
All efforts to maintain garbage service during construction;
All efforts to maintain mail service during construction;
Remove and reset existing benches;
Remove and reset existing mailboxes;
Resetting of all disturbed property pins not specifically called out for
replacement.
* Measurement: Measurement for site preparation will be by the lump sum
(LS) and is generally defined as the area within the construction limits
shown on the plans.
* Payment: Payment for the completed and accepted quantities will be at
the contract unit price bid per lump sum (LS).
C. Gravel Preparation
* General: This bid item shall include the grading, transport, excavation,
hauling, compaction and disposal of existing and new base course at the
locations and grades shown on the plan.
* Work Included:
All labor, tools, equipment, materials, royalties and incidentals necessary
to complete the work as specified;
Scarifying existing and new base course gravels;
Haul or other transportation required to place the excavated material in
embankment to construct the project;
Removal and disposal of existing and new base course gravels (only if
material found to be unsuitable, suitable materials may be reused);
Finish grading and compacting of existing and newbase course gravels.
* Measurement: Measurement for gravel preparation will be per square yard
(SY) of existing gravel prepared.
* Payment: Payment for the completed and accepted quantities will be at the
contract unit price bid per square yard (SY).
D. Sub-Excavation and Stabilization
* General: This bid item shall include the excavation and disposal of
unsuitable material encountered below subgrade to a maximum depth of 2’
within the construction limits and providing and placing of uncrushed
granular material of the gradation and material specifications, as directed
by the Engineer, necessary to construct the project as noted in the
specifications and drawings.
* Work Included:
All labor, tools, equipment, materials, and incidentals necessary to
complete the work as specified;
Speculation of material sources off-site;
Paying all costs for aggregate removal including rents and royalties to the
material site(s) landowner.
SPECIAL PROVISIONS Page 27
Haul or other transportation required to dispose of unsuitable excavation
material to an approved site;
All compaction of material on subgrade surfaces or prior to embanking
material. Material shall meet the minimum density of the specifications;
Furnishing, placing, and compacting 4” minus uncrushed granular material
meeting MPWSS Section 02234.2.4.A;
Furnishing and placing water for compaction and dust control;
Final grading and cleanup.
* Measurement: Measurement for sub-excavation and stabilization will be
made for excavation measured from its original position as shown in the
drawings. Over excavation not authorized by the Engineer, or excavation
outside the lines, grades, elevations and dimensions as shown in the
drawings will not be considered for measurement. Any material removed
and replaced or wasted for the Contractors convenience will not be
considered for measurement. Measurement for sub-excavation and
stabilization will be by the ton (TON), complete and accepted in-place as
shown in the drawings or directed by the Engineer.
* Payment: Payment for the completed and accepted quantities will be at
the contract unit price bid per the ton (TON) as measured at the certified
plant scale prior to site delivery.
E. 3” Sub-Excavation and Replacement of 3” Crushed Base Course Material
* General: This bid item shall include the excavation and disposal of
unsuitable material encountered below subgrade to a maximum depth of
3” within the construction limits and providing and placing of 3/4" minus
crushed aggregate base course material of the gradation and material
specifications, as directed by the Engineer, necessary to construct the
project as noted in the specifications and drawings.
* Work Included:
All labor, tools, equipment, materials, and incidentals necessary to
complete the work as specified;
Speculation of material sources off-site;
Paying all costs for aggregate removal including rents and royalties to the
material site(s) landowner.
Haul or other transportation required to dispose of unsuitable excavation
material to an approved site;
All compaction of material on subgrade surfaces or prior to embanking
material. Material shall meet the minimum density of the specifications;
Excavation, crushing, screening and all other work necessary to meet
material specifications;
Loading, haul or other transportation required to place the material on-site
to construct the project;
Place the material meeting minimum density specifications at the
locations, depths, lines, grades and elevations required to construct the
project;
Furnishing and placing water for compaction and dust control;
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Final grading and cleanup.
* Measurement: Measurement for 3” sub-excavation and replacement of 3”
crushed base course material will be made by the square yard (SY) of 3”
sub-excavation and replacement of 3” crushed base course material
performed. Measurement shall be made from areas measured in the field.
Over excavation not authorized by the Engineer, or excavation outside the
lines, grades, elevations and dimensions as shown in the drawings will not
be considered for measurement. Any material removed and replaced or
wasted for the Contractors convenience will not be considered for
measurement.
* Payment: Payment will be made for complete, measured, and accepted
quantities at the contract unit price bid per square yard (SY).
F. Stabilization Fabric
This item is measured and paid for by the nominal square yard (SY) area
which the stabilization fabric is installed and accepted. Measurement does
not include any physical overlap of fabric or vertical wrapping at
shoulders. Measurement includes horizontal footprint of fabric only.
Payment will be at the contract unit price, and will include surface
preparation, installation, material, stakes, and all other work necessary to
install fabric at locations directed by the Engineer.
G. Exploratory Excavation
This item is measured and paid for per hour (HR) of exploratory
excavation completed for the purpose of locating existing utilities with
unknown horizontal locations, unknown materials or as noted on the plans.
Price and payment is full compensation for performing exploratory
excavation including, equipment, labor and tools necessary or incidental
for completion of the item. Unless exploratory excavation is approved,
prior to commencing work, by the Engineer there will be no payment
for work under this bid item.
H. Crushed Base Course – 3/4” Minus
* General: This bid item shall include providing and placing of 3/4" minus
crushed aggregate base course material of the gradation and material
specifications indicated to complete work as noted in the specifications
and drawings.
* Work Included:
All labor, tools, equipment, materials, and incidentals necessary to
complete the work as specified;
Speculation of material sources off-site;
Paying all costs for aggregate removal including rents and royalties to the
material site(s) landowner.
Clearing, grubbing, debris disposal, topsoil salvaging and stockpiling, and
SPECIAL PROVISIONS Page 29
all other work necessary to prepare the material source site for excavation;
Excavation, crushing, screening and all other work necessary to meet
material specifications;
Loading, haul or other transportation required to place the material on-site
to construct the project;
Place the material meeting minimum density specifications at the
locations, depths, lines, grades and elevations required to construct the
project (finish grading costs to be included in Gravel Preparation);
Furnishing and placing water for compaction and dust control;
Final grading, site clean-up, topsoil replacement, seeding, fertilizing,
mulching and all other reclamations required at the material source at the
conclusion of the work. Reclamation procedures and final results must
meet the approval of the material site landowner and Engineer.
* Measurement: Measurement for crushed base course material will be by
the cubic yard (CY), complete and accepted in-place as shown in the
drawings or directed by the Engineer.
* Payment: Payment will be made for complete, measured, and accepted
quantities at the contract unit price bid per cubic yard (CY).
I. Asphalt Concrete Pavement
* General: This bid item consists of providing and placing the asphalt
concrete pavement of specified thickness and area, also includes on
application of magnesium chloride as asphalt prime.
* Work Included:
All labor, tools, equipment, materials, and incidentals necessary to
complete the work as specified;
Speculation of material sources off-site;
Paying all costs for aggregate removal including rents and royalties to the
material site(s) landowner.
Clearing, grubbing, debris disposal, topsoil salvaging and stockpiling, and
all other work necessary to prepare the material source site for excavation;
Provide project specific mix design;
Excavation, crushing, screening and all other work necessary to meet
material specifications;
Provide all bituminous material (PG 58-28) required to complete the work
in accordance to the mix-design and specifications;
Loading, hauling or other transportation to place the material;
Provide material testing and refinery certifications of the bituminous
product;
One application of magnesium chloride prior to paving as asphalt prime;
Provide all materials required to complete the work in accordance to the
mix-design and specifications.
Weighing each truck load of material, at a certified scale, prior to
delivery;
Producing weight tickets for the Engineer’s records, for each load, at
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end of each day’s production;
Provide Quality Control material testing (field nuclear densometer testing),
as needed;
Place the material meeting minimum density specifications at the
locations, depths, lines, grades and elevations required to construct the
project;
Provide material testing, including production aggregate production
control testing and mix-design of the product;
Final grading, site clean-up, topsoil replacement, seeding, fertilizing,
mulching and all other reclamations required at the material source at the
material source at the conclusion of the work. Reclamation procedures
and final results must meet the approval of the material site landowner and
Engineer.
* Measurement: The installation of the asphalt concrete pavement is
measured by weight in tons placed. The quantities measured for payment
are the tons (TON) of specified asphalt concrete pavement for the
completed and accepted work as measured at the certified batch plant
scale, measured prior to site delivery.
* Payment: Asphalt concrete pavement is paid for at the contract unit bid
price per ton (TON). Price and payment is full compensation for
furnishing, handling, measuring, mixing, manipulation, placing and testing
of materials; for hauling, placing, shaping, compacting and finishing the
paving mix; for improving unsatisfactory areas, and all other incidentals to
complete the work. Any wasted asphalt concrete pavement shall be
removed from the site and measured at the certified batch plant scale.
Removal and production of wasted material will not be paid for.
J. 4” Concrete Sidewalk
* General: This item includes construction of new concrete sidewalk, to the
thicknesses and dimensions shown.
* Work Included:
All labor, tools, equipment, materials, royalties and incidentals necessary
to complete the work as specified;
Provide project specific mix design;
Furnish and place all cast-in-place Portland Cement Concrete;
Furnish, place and strip at the conclusion of construction, all necessary
form work;
Provide broom finish;
Furnish and install all necessary reinforcing steel and dowels
Provide all materials and labor to perform any cold/hot weather concreting
procedures;
* Measurement: Measurement for the new concrete sidewalk will be by the
square yard (SY) of new concrete sidewalk placed, per each required
thickness. Measurement shall be made from areas shown on the plans.
* Payment: Payment shall be at the contract unit price bid for each square
yard (SY) of concrete placed.
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K. Waterborne Striping – 4” Solid Yellow
* General: This bid item shall include the application of 4” Solid Yellow
Striping as shown on the plans.
* Work Included:
All labor, tools, equipment, materials, royalties and incidentals necessary
to complete the work as specified;
All surveying, locating and layout of existing striping for replacement;
All sweeping and dust control as specified;
Furnish and install solid waterborne markings;
* Measurement: Measurement for Waterborne Striping shall be per liear
foot (LF) installed per the plans and specifications.
* Payment: Payment shall be at the contract unit price bid for all Waterborne
Striping.
L. Manhole
* General: This bid item shall include the installation of manholes
associated sanitary sewer.
* Work Included:
All labor, tools, equipment, materials, royalties and incidentals necessary
to complete the work as specified;
Trench excavation, including clearing and grubbing, topsoil stripping and
replacement, trench shoring, asphalt removal, final grading and cleanup
and compaction tests as specified herein;
All dewatering and bypass pumping necessary to construct the
improvements;
Install manholes structure with all required penetrations, precast bases and
roof slabs, shelves, frame and cover, grates, concrete aprons, joint sealer,
adjustment rings, Type 2 bedding and pipe connections;
Furnish and install fast setting hydraulic cement;
Provide any temporary sediment control as may be required to reduce the
amount of debris entering the manholes. If any debris enters the manholes
or mainline piping during construction the Contractor will be required to
jet/vac out the new infrastructure. Sediment and debris will not be
allowed to be flushed into the existing system;
Leakage testing as specified;
Final adjustment of frame and grate.
* Measurement: Measurement for manholes will be per each (EACH)
manhole installed.
* Payment: Payment shall be at the contract unit price bid for each (EACH)
manhole installed and accepted.
M. Pipe
* General: This bid item shall include the installation of new pipes for each
size shown in the Bid Proposal.
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* Work Included:
All labor, tools, equipment, materials, royalties and incidentals necessary
to complete the work as specified;
Provide all equipment, tools and materials for conducting all testing,
disinfection and repairs required;
Exploratory excavation required to determine location and depth of
existing utilities that will be crossed or connected too, except those areas
called out on the plans for “exploratory excavation”;
Link seals for pipe connections to existing manholes;
Trench excavation and native backfill, including clearing and grubbing,
tree and brush removal, topsoil stripping and replacement, trench support
by shoring, and gradation and compaction tests specified herein. Includes
excavation and native backfill for pipe, valves, and fittings;
Saw cutting along a neat vertical line;
All ductile iron fittings and sleeves required to install new pipe, including
but not limited to reducers, bends, tees, long sleeves, etc.;
Provide and install all ductile iron fittings/caps required to cap/abandon
existing water main;
Provide all equipment, tools and materials necessary to abandon existing
water valves;
Furnish and install all valves (that are not included with the fire hydrant
assembly), including thrust restraint, coated rebar, polyethylene wrap,
valve boxes, valve box lid, corrosion protection, and lubricants;
Testing, cleaning and disinfection of the valve.
Thrust blocking as required;
Furnish and install all corrosion protection, lubricants, gaskets and
appurtenances not included in other bid items;
Furnish and install tracer wire as specified;
Remove and dispose of or salvage any existing pipes, valves, valve boxes,
hydrants, fittings, or other specified obstructions;
Furnish and install all Type 1 bedding;
Fine grading of trenching;
Furnish and install all main line pipe, including couplings, corrosion
protection, lubricants, gaskets and appurtenances not included in other bid
items;
Any exploratory excavation, repair work, protection, and slowdown in
progress due to encountering any utility which crosses above or below the
centerline of the new pipe;
Resetting of disturbed manhole frames and grates;
Remove and dispose of any excess material generated by trenching
operations;
Exploratory excavation to locate existing water lines, services, sewers,
storm drains, or any other utility or unknown items;
All dewatering and bypass pumping necessary to construct the
improvements;
Temporary fittings and piping for testing;
SPECIAL PROVISIONS Page 33
Adjustment of all new and existing valve boxes to finished grade;
Site cleanup and demobilization;
Furnish and install all storm drain culvert pipe;
Provide and install non-shrink backfill where required;
Provide and install rigid foam insulation where required;
Acceptance testing as required and associated fittings not shown on the
plans;
Utility relocations as required to facilitate pipe installation and as indicated
on the plans;
Temporarily supporting existing power poles as necessary to install the
pipe as specified;
Furnish and install flowable fill as specified on the plans;
Coring of existing sanitary sewer manholes and associated modifications
necessary to make required connections;
All required landowner notifications/coordination;
All locating of private irrigation systems damaged from construction
activities, and coordination with landscaper to make repairs.
* Measurement: Measurement for new pipe will be by the linear foot (LF)
of new pipe installed, including the length of all in-line valves and fittings.
Measurement will be made from centerline to centerline between
connections to existing or different sizes or classes of pipe or to the end
cap where applicable. The measurement shall be along the centerline of
the new pipe and shall be rounded to the nearest one foot.
* Payment: Payment shall be made at the contract unit price bid per linear
foot (LF) of each size of new pipe installed and approved. Payment for
new pipe will be made only after all work in this section is complete
including testing and disinfection.
N. Gravity Sewer Service
* General: This bid item shall include all equipment, labor and associated
work to install future use sanitary sewer services.
* Work Included:
All labor, tools, equipment, materials, royalties and incidentals necessary
to complete the work as specified;
Photo documentation of the proposed sewer service route;
Install sewer service pipe, inserta tee’s, wyes, cleanouts, end caps and
fittings;
Trench excavation and native backfill, including clearing and grubbing,
topsoil stripping and replacement and trench support by shoring;
Providing all road fabric or equivalent to spoil on while trenching on
private property;
Install all Type I bedding;
Any excavation, repair work, protection, and slowdown in progress due to
encountering any utility which crosses above the centerline of the new
pipe including existing septic system elements;
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All efforts and coordination to minimize the length of sewer outages to
each existing residence when connections to the new service and
abandonment of the existing system are taking place;
All fittings and adjustments to connect existing sanitary sewer services to
new services;
Dewatering when required/necessary;
Install pipe cleanouts;
Install pipe location tape;
Install pipe tracer wire;
Install rigid insulation as required;
Remove and dispose of any excess material generated by trenching
operations;
Provide end markers and posts as specified for future connections;
Remove and replace existing decks and porches as necessary to construct
the project.
Fine grading of trenching;
All required landowner notifications/coordination;
All locating of private irrigation systems damaged from construction
activities, and coordination with landscaper to make repairs;
Repair any landscaping that was disturbed outside of the specified
construction limits to satisfaction of landowner and Engineer.
* Measurement: Measurement shall be by the number of linear foot (LF) of
sanitary sewer service line installed.
* Payment: Payment shall be made at the contract unit price bid per linear
foot (LF) sanitary sewer service line installed and approved.
O. Sewer Grinder Pump
* General: This bid item shall include providing and installing a new sewer
grinder pump (excluding wiring, wiring to be completed by others) at the
locations shown on the plans.
* Work Included:
All labor, tools, equipment, materials, royalties and incidentals necessary
to complete the work as specified;
Furnish and install prepackaged sewer grinder pump assembly and all
other items necessary to compete the installation of the sewer grinder
pump;
Furnish and install pipe and fittings required to connect the existing sewer
service and new pressurized sewer service to the new sewer grinder pump;
All necessary coordination with Owner secured electrician for final wiring
hookups;
Adjustment of pump floats, pump startup and testing;
Furnish and install bedding as required by the manufacture;
Excavation, trench shoring, dewatering, final grading and cleanup and
compaction tests as specified herein.
* Measurement: Measurement shall be by the number of each (EACH)
sewer grinder pump.
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* Payment: Payment shall be at the unit contract price bid for each (EACH)
sewer grinder pump installed.
P. Pressurized Sewer Service
* General: This bid item shall include all equipment, labor and associated
work to install and connect new HDPE pressure sanitary sewer service.
* Work Included:
All labor, tools, equipment, materials, royalties and incidentals necessary
to complete the work as specified;
Photo documentation of the proposed sewer service route;
Install gravity sewer service pipe, inserta tee’s, wyes, cleanouts, end caps
and fittings, from the main to right-of-way;
Install pressurized sewer service pipe, all tees, fittings, inserts, etc., from
right-of-way to grinder pump;
Trench excavation and native backfill, including clearing and grubbing,
topsoil stripping and replacement and trench support;
Providing all road fabric or equivalent to spoil on while trenching on
private property;
Install all Type I bedding;
Any excavation, repair work, protection, and slowdown in progress due to
encountering any utility which crosses above the centerline of the new
pipe including existing septic system elements;
All efforts and coordination to minimize the length of sewer outages to
each existing residence when connections to the new service and
abandonment of the existing system are taking place;
Dewatering when required/necessary;
Install pipe location tape;
Install pipe tracer wire;
Install rigid insulation as required;
Remove and dispose of any excess material generated by trenching
operations;
Coordinate connection to existing services with all parties including
Owner and Engineer;
Provide end markers and posts as specified for future connections;
All locating of private irrigation systems damaged from construction
activities, and coordination with landscaper to make repairs;
Fine grading of trenching;
Remove and replace existing decks and porches as necessary to construct
the project;
All required landowner notifications/coordination;
Repair any landscaping that was disturbed outside of the specified
construction limits to satisfaction of landowner and Engineer.
* Measurement: Measurement shall be by the linear feet (LF) of sanitary
sewer service line installed.
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* Payment: Payment shall be made at the contract unit price bid per the
linear feet (LF) of sanitary sewer service line installed and approved.
Q. Septic System Abandonment
Includes all efforts associated with the abandonment of an existing septic
systems, including pumping, lid removal and backfilling as detailed in the
plans and special provisions. Measurement and payment is for each (EA)
septic system abandoned.
R. Water Main Vertical Adjustment
* General: This bid item shall include the adjustment vertically of
watermains as shown on the plans.
* Work Included:
All labor, tools, equipment, materials, royalties and incidentals necessary
to complete the work as specified;
Trench excavation, including clearing and grubbing, topsoil stripping and
replacement, dewatering, tracer wire, trench support by shoring, bracing
and etc., final grading and cleanup, and gradation and compaction tests as
specified herein;
Furnish and install all Type 1 bedding;
All dewatering necessary to construct the improvements;
Install rigid insulation as required;
Furnish and install all fittings and pipe, including thrust restraint, coated
rebar, polyethylene wrap, corrosion protection, and lubricants;
Testing, cleaning and disinfection.
* Measurement: Water Main vertical Adjustments will be measured by the
number of each (EACH) of adjustments made and shown on the plans.
* Payment: Payment for all Water Main Vertical Adjustments shall be made
at the contract unit price bid per each (EACH) installed. Payment for this
item will only be made after the work covered by this section has been
completed; the associated pipe and fittings have passed all testing, and has
been disinfected and approved by the Engineer.
S. Existing Water Main Connection
* General: This bid item shall include the connection of the new water main
to existing water main.
* Work Included:
All labor, tools, equipment, materials, royalties and incidentals necessary
to complete the work as specified;
Provide all equipment, tools and materials for conducting all testing,
cleaning, disinfection and repairs required;
Trench excavation and native backfill, including clearing and grubbing,
topsoil stripping and replacement, dewatering, trench support by shoring,
and gradation and compaction tests specified herein;
SPECIAL PROVISIONS Page 37
Excavation efforts at connection to determine the exact location, depth,
size and type of the existing water main;
All ductile iron fittings/tapping sleeves required to connect new water
main to existing water main branch line, including but not limited to
reducers, bends, long sleeves, etc.;
Furnish and install tracer wire as specified;
Furnish and install all Type 1 bedding;
All dewatering necessary to construct the improvements;
Thrust blocking as required;
Fine grading of trenching;
Furnish and install all required pipe, of the type/size discovered, including
couplings and appurtenances;
Any slowdown in progress due to making connection;
Remove and dispose of any excess material generated by trenching
operations;
All required landowner notifications/coordination;
Furnish and install rigid foam insulation where required;
Caps for existing water main abandonments.
* Measurement: Measurement shall be by the number of each (EACH)
existing water main connections completed.
* Payment: Payment shall be at the unit contract price bid for each (EACH)
existing water main connections completed.
T. Water Service & Water Meter Pit
* General: This bid item shall include the connection of existing and new
water services to the existing or new water main and including a water
meter pit.
* Work Included:
All labor, tools, equipment, materials, royalties and incidentals necessary
to complete the work as specified;
Provide all equipment, tools and materials for conducting all testing,
cleaning, disinfection and repairs required;
Trench excavation and native backfill, including clearing and grubbing,
topsoil stripping and replacement, dewatering, trench support by shoring,
and gradation and compaction tests specified herein;
Furnish and install all Type 1 bedding;
All dewatering necessary to construct the improvements;
Removal of existing service lines, curb stops and curb boxes as specified;
Furnish and install all polyethylene pipe, at the sizes discovered or shown,
including couplings and appurtenances not included in other bid items;
Furnish and install all corporation stops, curb valves, curb boxes,
couplings, tapping saddles, and all other appurtenances on the service line
as shown in the detail for service connections of this size;
Furnish and install water meter pit to sizes discovered or shown (does not
include water meter);
SPECIAL PROVISIONS
Page 38
Provide all tools, material, equipment and labor to expose the existing
service saddle and either turn off the existing corporation stop and cap
existing service lines to be abandoned or provided necessary fittings to
connect to the existing corporation stop to the new service piping at the
discretion of the Engineer & Owner;
Any excavation, repair work, protection, or slowdown in progress due to
encountering any utility which crosses above the centerline of the new
service;
Remove and dispose of any excess material generated by trenching
operations;
Furnish and install rigid foam insulation where required;
Coordinate connection to existing services with all parties including
Owner and Engineer;
Repair any landscaping that was disturbed outside of the specified
construction limits to satisfaction of landowner and Engineer.
* Measurement: Measurement shall be by the number of each (EACH)
existing water service connection completed.
* Payment: Payment shall be at the unit contract price bid for each (EACH)
existing water service connection completed.
U. Fire Hydrant Assembly
* General: This bid item shall include providing and installation of new fire
hydrant assemblies.
* Work Included:
All labor, tools, equipment, materials, royalties and incidentals necessary
to complete the work as specified;
Provide all equipment, materials and tools necessary for conducting all
testing, disinfection, cleaning and repairs required;
Trench excavation, including clearing and grubbing, topsoil stripping and
replacement, trench shoring, dewatering, excavation, final grading and
cleanup and compaction tests as specified herein;
All dewatering necessary to construct the improvements;
Furnish and install all necessary extensions to install per bury lines shown
on the plans;
Install thrust block and washed gravel for drain;
Install rigid insulation as required;
Furnish and install all Type 1 bedding;
Furnish and install new fire hydrant;
Furnish and install all auxiliary piping, tees, reducers, tapping sleeves, 6”
gate valves (mainline and auxiliary as shown), MJ following glands, valve
boxes, additional spools, fire hydrant risers, and other incidentals
necessary to adjust to grade;
Excavation efforts at connection to determine the exact location, depth,
size and type of the existing water main when new hydrants are installed
on existing mains;
SPECIAL PROVISIONS Page 39
All ductile iron fittings required to connect new hydrant to existing water
main, including but not limited to reducers, bends, long sleeves, etc.;
Furnish and install new couplings, corrosion protection, lubricants,
gaskets, and appurtenances not included in other bid items.
Remove and dispose of or salvage any existing pipes, valves, valve boxes,
hydrants, fittings, or other specified obstructions;
Saw cutting along a neat vertical line;
All final grading along hydrant lead to ensure adequate cover/bury depth is
maintained
All required landowner notifications/coordination;
Repair any landscaping that was disturbed to satisfaction of landowner and
Engineer.
* Measurement: Measurement shall be by each (EACH) fire hydrant
installed.
* Payment: Payment shall be at the contract unit price bid for each (EACH)
hydrant installed and accepted.
V. Conduit
* General: This bid item shall include the installation of conduit for each
size and type shown in the Bid Proposal.
* Work Included:
All labor, tools, equipment, materials, royalties and incidentals necessary
to complete the work as specified;
Trench excavation, trench shoring, backfilling, final grading and cleanup;
Install pull-ropes through each piece of conduit installed;
Furnish and install pipe cap markers/rebar as specified;
Furnish and install all conduit including fittings.
* Measurement: Measurement for conduits will be by lineal foot (LF) of
conduit installed.
* Payment: Payment shall be at the contract unit price bid per lineal foot
(LF) of conduit for each size and type installed and accepted.
W. Fence Removal & Replacement
This item is measured and paid for per linear foot (LF) of fence removed
and reinstalled at the contract unit price bid. Price and payment is full
compensation for removal, stockpiling and reinstalling fences and gates as
specified, and all other materials, equipment, labor and tools necessary or
incidental for completion of the item. Items damaged during removal and
replacement shall be replaced in kind at no additional cost to the Owner.
X. Surface Restoration
* General: This item includes removal and replacement of topsoil salvage
material, placement of imported topsoil material as specified, finish
SPECIAL PROVISIONS
Page 40
grading fertilizing, mulching and seeding areas as specified and all work
and incidentals necessary to complete this item.
* Work Included:
All labor, tools, equipment, materials, royalties and incidentals necessary
to complete the work as specified;
Strip, salvage and re-install existing topsoil;
Furnish and install imported topsoil as specified;
Preparing areas for seeding by fine grading and rock removal;
Seeding , fertilizing and mulching all disturbed areas;
All other surface restorations necessary to restore private property to
existing conditions.
* Measurement: Measurement shall be one lump sum (LS) item for all
surface restorations performed.
* Payment: Payment shall be by the lump sum (LS) item listed on the
proposal.
Y. Traffic Control & Temporary Access Road
* General: This bid item shall include providing traffic control personnel
and devices for all construction activities, and constructing a temporary
access road and cleanup.
* Work Included:
All labor, tools, equipment, materials, royalties, and incidentals necessary
to complete the work as specified;
Prepare and provide a traffic control plan;
Obtain all required agency approvals and provide an approved traffic
control plan;
Provide all traffic control devices and markers;
Provide all necessary materials and equipment necessary to construct the
temporary access road, including but not limited to, road fabric, crushed
base course gravels, concrete barrier blocks, type 3 barricades, cleanup and
removal;
Provide all temporary fencing required to secure excavations;
Provide all set up and take down of traffic control devices;
Provide personnel for flagging and other traffic control tasks as needed;
Provide all other materials and services required to control traffic in the
manner approved.
* Measurement: Measurement for the traffic control shall be one lump sum
(LS) item.
* Payment: Payment shall be by the lump sum (LS) item listed on the
proposal. Partial payments will be made on the basis of the percentage of
the traffic control provided and removed from the project site.
SPECIAL PROVISIONS Page 41
Z. Construction Surveys & Material Testing
* General: This bid item shall include providing all field surveying/material
testing equipment and trained personnel for all construction activities in
accordance with this Contract.
* Work Included:
Provide all surveying/material testing equipment;
Provide all required surveying/material testing as specified;
Provide all set up and take down of lasers for pipeline grade control, and
other electronic surveying devices for location of utilities, grades, and
finished work;
Provide all surveys, intermediate stakes and grade control as specified;
Provide all surveys required for ground work quantity measurements;
Provide personnel for the operation of the necessary equipment;
Produce and deliver to Engineer all staking notes/material testing reports;
Provide all other materials and services required to meet the requirements
of the project.
* Measurement: Measurement for the construction survey & material
testing shall be one lump sum (LS) item.
* Payment: Payment shall be by the lump sum (LS) item listed on the
proposal. Partial payments will be made on the basis of the percentage of
the construction staking/material testing provided.
AA. Mobilization, Bonding and Submittals (May Not Exceed 5% of Total Bid)
* General: This bid item shall include mobilization, bonding, insurance, &
permitting.
* Work Included:
All labor, tools, equipment, materials, and incidentals necessary to
complete the work as specified;
Transport and set up all equipment, materials and other items needed to
complete the project;
All permits, coordination and compliance inspections required for work;
Bonding and Insurance;
Provide all submittals, the construction schedule, and other paperwork
required prior to construction start up.
* Measurement: Measurement for mobilization, bonding & submittals shall
be one lump sum (LS) item.
* Payment: Payment shall be by the lump sum (LS) item listed on the
Proposal. Payment of this bid item shall not exceed 5% of their respective
subtotals, plus any addenda items. When 10% of the total original contract
amount is earned, 50% of the lump sum bid item(s) for mobilization,
bonding & submittals will be eligible for payment. When 50% of the total
original contract amount is earned, 80% of the lump sum bid item(s) for
mobilization, bonding & submittals will be eligible for payment. The
remainder of the mobilization, bonding & submittals bid item(s) is eligible
SPECIAL PROVISIONS
Page 42
for payment upon substantial completion or until penalties have been
agreed upon.
BB. Residential Landscape and Irrigation Repairs
* General: This item includes, irrigation repairs, “in-kind” landscape
repairs, placement of imported topsoil material as specified, finish grading,
fertilizing, mulching and seeding areas as specified and all work and
incidentals necessary to complete this item.
* Work Included:
All labor, tools, equipment, materials, royalties and incidentals necessary
to complete the work as specified;
Furnish and install imported topsoil as specified;
Preparing areas for seeding by fine grading and rock removal;
Seeding, fertilizing and mulching all disturbed areas;
Furnish and install new fabric, mulch and edging “in-kind” to restore
damaged materials;
Furnish and install new shrubs and trees “in-kind” to restore damaged
items;
Furnish and install all new fittings, piping, wiring, sprinkler heads, valves
and all other appurtenances to make repairs to existing irrigation systems;
All landowner coordination for shut down, testing, adjustment and
restarting of damaged irrigation systems;
All other surface restorations necessary to restore private property to
existing conditions.
* Measurement: Measurement shall be for each (EACH) residential lot
repaired.
* Payment: Payment shall be at the contract unit price bid for each (EACH)
residential lot repaired.
SECTION V
TECHNICAL SPECIFICATIONS
SECTION V
TECHNICAL SPECIFICATIONS
Incorporation of Montana Public Works Technical Specifications.
The Technical Specifications as found in Montana Public Works, Sixth Edition, April 2010; are
hereby incorporated by reference and made a part of this Contract:
Incorporation of RPA Technical Specifications and Modifications to MPW Technical
Specifications.
In addition to the MPWSS Technical Specifications are the following RPA Technical
Specifications and Modifications to MPWSS Technical Specifications:
SECTION 01700 - Contract Closeout
SECTION 01720 - Project Record Documents
SECTION 02112 - Removal of Existing Pavement, Concrete Curb, Sidewalk, Driveway,
and/or Structures
SECTION 02221 - Trench Excavation and Backfill
SECTION 02230 - Street Excavation, Backfill and Compaction
SECTION 02235 - Crushed Base Course
SECTION 02502 - Asphalt Prime and/or Tack Coat
SECTION 02510 - Asphalt Concrete Pavement
SECTION 02529 - Concrete Sidewalks, Driveways, Approaches, Curb Turn Fillets, Valley
Gutters, and Miscellaneous New Concrete Construction
SECTION 02660 - Water Distribution Systems
SECTION 02730 - Sanitary Sewer Collection Systems
SECTION 02910 - Seeding
Section 01700mpw CONTRACT CLOSEOUT
Page 1 of 3
SECTION 01700mpw
CONTRACT CLOSEOUT All applicable portions of this specification section in the MPW Standard Specification shall apply with the following additions, deletions and/or modifications. PART 1: GENERAL Add the following: 1.5 SECTION INCLUDES Procedures to be followed in closing out Contract. 1.6 SUBSTANTIAL COMPLETION Substantial completion for Contract shall be established as stated in the General Conditions. 1.7 FINAL SUBMITTALS A. No Contract will be finalized until all of the following have been submitted as
required by submittals: 1. Final shop drawings. 2. Record drawings. 3. Operation and Maintenance Manuals. 4. Equipment maintenance summaries. 5. Manufacturer's certification of proper installation. B. No Contract will be finalized until all guarantees, bonds, certifications, licenses, and
affidavits required for work or equipment as specified are satisfactorily filed with the Owner.
1.8 RELEASE OF LIENS OR CLAIMS No Contract will be finalized until satisfactory evidence of release of liens has been
submitted to Owner as required by the General Conditions. PART 2: PRODUCTS Add the following: 2.1 ACCESSORIES Furnish to Owner, upon acceptance of equipment, all accessories required to place each
Section 01700mpw CONTRACT CLOSEOUT
Page 2 of 3
item of equipment in full operation. These accessory items include, but are not limited to, adequate oil and grease as required for first lubrication of equipment (after field testing), light bulbs, fuses, hydrant wrenches, valve keys, handwheels, chain operators, special tools, and other items required for initial operation.
PART 3: EXECUTION Add the following: 3.1 FINAL CLEANING A. At completion of work and immediately prior to final inspection, clean entire project
according to the following provisions: 1. Clean, sweep, wash, and polish work and equipment provided under the
Contract, including finishes. Leave the structures and site in a complete and finished condition to the satisfaction of the Engineer and Owner.
2. Remove debris including dirt, sand, and gravel from sewers and tunnels. Wash down and flush materials that can be transported hydraulically to the Owner's sewage treatment plant. Remove materials that cannot flow or be pumped to the plant.
3. Should Contractor not remove rubbish or debris or not clean the facilities and site as specified above, the Owner reserves the right to have final cleaning done at the sole expense of the Contractor.
B. The Contractor shall: 1. Employ experienced workers or professional cleaners for final cleaning. 2. Conduct final inspection of exposed interior and exterior surfaces and of
concealed spaces in preparation for substantial completion or occupancy. 3. Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign
materials from exposed interior and exterior finished surfaces; polish surfaces designated to shine finish.
4. Repair, patch, and touch-up marred surfaces to specified finish, and match adjacent surfaces.
5. Broom clean paved surfaces; rake clean other surfaces. 6. Remove snow and ice from access to buildings. 7. Replace air-handling filters and clean ducts, blowers, and coils of ventilation
units operated during construction. 8. Remove from the Owner's property temporary structures and materials,
equipment, and appurtenances not required as part of, or appurtenant to, the completed work.
9. Leave water courses, gutters, and ditches open and in condition satisfactory to Engineer.
Section 01700mpw CONTRACT CLOSEOUT
Page 3 of 3
3.2 FINAL INSPECTION A. After final cleaning and upon written notice from Contractor that work is
completed, Engineer will make preliminary inspection with the Owner and Contractor present. Upon completion of preliminary inspection, Engineer will notify Contractor in writing of particulars in which the completed work is defective or incomplete.
B. Upon receiving written notice from Engineer, Contractor shall immediately
undertake work required to remedy defects and complete the work to the satisfaction of Engineer and Owner.
C. After the items as listed in Engineer's written notice are corrected or completed,
inform Engineer in writing that required work has been completed. Upon receipt of this notice the Engineer, Owner and Contractor, will make final inspection of the project.
D. Should the Engineer and Owner find all work satisfactory at the time of final
inspection, Contractor will be allowed to make application for final payment in accordance with provisions of the General Conditions. Should Engineer and Owner still find deficiencies in the work, Engineer will notify Contractor in writing of deficiencies and will not approve Contractor's request for final payment until such time as Contractor has satisfactorily completed the required work.
END OF SECTION 01700mpw
Section 01720
PROJECT RECORD DOCUMENTS
Page 1 of 1
SECTION 01720
PROJECT RECORD DOCUMENTS
PART 1: GENERAL
1.1 SCOPE
A. Throughout progress of the work, Contractor shall maintain an accurate record of
changes in the Contract Documents, as described below. Upon completion of the
work, submit all recorded changes over to the Engineer.
1.2 QUALITY ASSURANCE
A. Contractor shall delegate the responsibility for maintenance of Record Documents
to one person on the Contractor's staff.
B. Accuracy of records shall be such that research in the future for items shown in
the Contract Documents may rely reasonably on information obtained from the
approved Project Record Documents.
PART 2: MATERIALS
2.1 RECORD DOCUMENTS
A. Job Set. Promptly following receipt of the Engineer's Notice To Proceed, secure
from the Engineer at no charge to the Contractor one complete set of all
documents.
PART 3: EXECUTION
3.1 CHANGES SUBSEQUENT TO ACCEPTANCE
A. The Contractor is not responsible for recording changes in the work subsequent to
final completion, except for changes resulting from work performed under
warranty.
END OF SECTION 01720
Section 02112mpw
REMOVAL OF EXISTING PAVEMENT, CONCRETE, ETC
Page 1 of 1
SECTION 02112mpw
REMOVAL OF EXISTING PAVEMENT, CONCRETE CURB,
SIDEWALK, DRIVEWAY, AND/OR STRUCTURES
All applicable portions of this specification section in the MPW Standard Specifications shall
apply with the following additions, deletions, and/or modifications.
PART 3: EXECUTION
3.1 GENERAL
Add the following:
D. Edges on all concrete and asphalt shall be straight lines and vertical cuts made
with a saw. Concrete shall be cut with a saw to a depth of 4 inches minimum.
Section deeper than 4 inches may be broken after cutting. Resulting face shall not
be flatter than a 1:1 from vertical. Construction methods will not disturb the
remaining concrete slabs.
E. All slabs to remain shall be replaced, if disturbed, at no cost to the owner.
END OF SECTION02112mpw
Section 02221mpw
TRENCH EXCAVATION AND BACKFILL
Page 1 of 4
SECTION 02221mpw
TRENCH EXCAVATION AND BACKFILL FOR
PIPELINES AND APPURTENANT STRUCTURES
All applicable portions of this specification section in the MPW Standard Specifications shall
apply with the following additions, deletions and/or modifications.
PART 1: GENERAL
1.4 TESTING
Delete this section in its entirety and replace with the following:
A. Field Density Testing
1. In-place field density tests for quality assurance are at Contractors expense
meeting AASHTO T310 (ASTM D6938), Nuclear Densometer Methods.
Quality assurance field density testing frequency is three (3) tests every
600 feet with individual tests taken (within the series of three tests) at each
of the following depths: the bottom third, middle third and top third of the
backfilled section, or as directed by Engineer.
2. Re-testing failing areas is at the expense of the Contractor.
3. The Contractor shall take all density tests while backfilling efforts are
being completed for that lift. The Contractor will not be allowed to go
back and “pot hole” previously compacted lifts.
B. Laboratory Maximum Density and Optimum Moisture
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 contents according to AASHTO T99 or ASTM
D698.
C. Material Submittals
1. Submit to the Engineer all material test results obtained either in the field
or in the laboratory.
2. Submit Standard Proctor Curves for determination of optimum moisture
content and maximum dry density. Submit certified curve by an
independent testing laboratory for each type of material encountered or
Section 02221mpw
TRENCH EXCAVATION AND BACKFILL
Page 2 of 4
materials proposed for use as import within 36 hours after encountering
each soil type.
3. Submit gradation and plasticity index for bedding material.
PART 2: PRODUCTS
2.1 PIPE BEDDING MATERIALS
A. Type 1 Pipe Bedding
Remove Sections 1. thru 4. and replace with the following:
1. The Type 1 Pipe Bedding shall meet the following gradation:
Sieve No. Percent Passing (by weight)
3/8” 100
#4 95-100
#8 80-100
#16 50-85
#30 25-60
#50 10-30
#100 2-10
#200 0-5
PART 3: EXECUTION
3.4 DEWATERING
Add the following:
B. Groundwater table shall be lowered to an elevation below trench subgrade or
stabilization subgrade as shown on trench detail. Dewatering for stabilization
subgrade will not be paid separately, but shall be merged with the appropriate bid
item. Contractor shall submit a dewatering plan with calculations to insure
dewatering method will meet these specifications.
3.6 TRENCH FILLING AND BACFILLING
B. Pipe Bedding Placement
1. Type 1 Bedding
Remove Section “a.” and replace with the following:
Section 02221mpw
TRENCH EXCAVATION AND BACKFILL
Page 3 of 4
a. All pipe bedding (above and below pipe springline) shall be Type
1 Bedding. All Type 1 Pipe Bedding shall be imported bedding
from an off-site location. All pipe bedding shall be compacted to
not less than ninety-five percent (95%) of the maximum density as
determined by ASTM D 698.
C. Trench Backfill
Type C Trench Backfills. Type C Trench Backfills will not be permitted on this
project.
F. Detectable Buried Warning Tape
Add the following:
2. Warning tape shall be installed eighteen (18) inches above the pipe and
shall be colored as follows:
Orange - Telephone
Yellow - Gas
Blue - Water System
Green - Sanitary and Storm Sewers and inlet runs
Red - Electrical
Tape shall have utility name imprinted on it.
3.8 CLEANUP
Add the following:
B. Final cleanup shall include street sweeping and washdown of paved areas.
3.9 TIME AND DISTANCE OF OPEN TRENCHES
Delete paragraph B. and replace with the following:
B. No trench excavation shall begin until approved compaction equipment is at the site
where the excavation is to take place. All backfill and compaction shall be
completed in all trenching and structural excavations within a maximum distance of
25 feet behind the end of newly installed pipe and the maximum distance between
the newly installed pipe and the excavator shall be 20 feet at days end.
Section 02221mpw
TRENCH EXCAVATION AND BACKFILL
Page 4 of 4
Delete paragraph E. and replace with the following:
E. For each work group consisting of a trench excavator, a pipe laying crew, and a
backfilling and compaction crew, the maximum allowable open ditch at any time
will be 250 feet. Refer to the Special Provisions for other requirements, if any.
END OF SECTION 02221mpw
Section 02230
STREET EXCAVATION, BACKFILL AND COMPACTION
Page 1 of 1
SECTION 02230
STREET EXCAVATION, BACKFILL AND COMPACTION
All applicable portions of this specification section in the MPW Standard Specifications shall
apply with the following additions, deletions and/or modifications.
PART 1: GENERAL
1.3 DENSITY CONTROL TESTING
A. Field Density Testing
Delete this entire section and replace with the following:
1. In-place field density tests for quality assurance are at Contractor’s expense
meeting AASHTO T310 (ASTM D6938), Nuclear Densometer Methods.
Quality assurance field density testing frequency is every 300 square yards per
compacted lift, or as directed by Engineer.
2. Retesting of failing areas is at the expense of the Contractor.
B. Laboratory Maximum Density and Optimum Moisture
Delete this entire section and add the following:
1. Quality assurance tests will be made by the Contractor for each on-site
natural soil to determine the laboratory maximum density values and
optimum compaction moisture contents according to AASHTO T99 or
ASTM D698. The contractor shall provide laboratory maximum density
values and optimum compaction moisture contents for all subgrade
backfill materials.
PART 3: EXECUTION
3.4 EXCAVATION
Add the following:
G. No burning will be allowed on this project site. All stumps within construction
limits shall be grubbed under this contract.
END OF SECTION 02230
Section 02235mpw
CRUSHED BASE COURSE
Page 1 of 1
SECTION 02235mpw
CRUSHED BASE COURSE
All applicable portions of this specification section in the MPW Standard Specifications shall
apply with the following additions, deletions and/or modifications.
PART 1: GENERAL
1.3 DENSITY CONTROL TESTING
A. Field Density Testing
Delete this section and replace with the following:
1. In-place field density tests for quality assurance are at Contractors expense
meeting AASHTO T310 (ASTM D6938), Nuclear Densometer Methods.
Quality assurance field density testing frequency is every 300 square yards
per compacted lift, or as directed by Engineer.
2. Retesting of failing areas is at the expense of the Contractor.
B. Laboratory Maximum Density and Optimum Moisture
Delete this section and replace with the following:
1. Quality assurance tests will be made by the Contractors independent
testing laboratory to determine the laboratory maximum density values
and optimum compaction moisture content under AASHTO T99 or ASTM
D698.
END OF SECTION 02235mpw
Section 02502
ASPHALT PRIME AND TACK COAT
Page 1 of 1
SECTION 02502
ASPHALT PRIME AND/OR TACK COAT
All applicable portions of this specification section in the MPW Standard Specifications shall
apply with the following additions, deletions and/or modifications.
PART 2: PRODUCTS
2.1 GENERAL
Add the following:
C. Tack coat on vertical faces of curbs, valley gutters, and around manholes
and existing saw cut asphalt surfaces shall be SS-1.
D. Furnish Magnesium Chloride or Calcium Chloride meeting AASHTO M
144 requirements.
PART 3: EXECUTION
Add the following:
3.4 Magnesium Chloride Prime Coat
A. Spray magnesium chloride prime coat at an application rate of 0.15
gallons per square yard. The Magnesium Chloride brine shall be 28%
minimum by mass Magnesium Chloride and 72% maximum by mass
water.
END OF SECTION 02502
Section 02510mpw
ASPHALT CONCRETE PAVEMENT
Page 1 of 2
SECTION 02510mpw
ASPHALT CONCRETE PAVEMENT
All applicable portions of this specification section in the MPW Standard Specifications shall
apply with the following additions, deletions and/or modifications.
PART 2: PRODUCTS
2.1 GENERAL
Delete this section and add the following:
B. Surface Course Plant Mix Aggregate shall be Type B with PG 58-28 asphalt
binder.
Add the following:
E. The Contractor’s independent testing laboratory, at the Contractor’s expense,
shall prepare all mix designs and perform all testing requirements of this
specification.
PART 3: EXECUTION
3.28 DENSITY AND SURFACE REQUIREMENTS
Delete Part A of this section and add the following:
A. Plant Mix Pavement & Bituminous Material: The Contractor shall perform, at a
minimum but not limited to, one (1) test series to determine in-place mat density.
A test series consists of three (3) density tests with a nuclear densometer at
random locations for each day’s production, or for each 300 tons produced each
day. A “percent compaction” value will be determined by comparing the average
mat density values for that day with the job specific target density previously
determined by the mix design. Documentation of test results shall be submitted to
the engineer as they become available throughout construction activity. After final
compaction, the mat density of the finished bituminous surface course shall at no
point have a density less than 95 percent (“percent compaction”) of the job
specific target previously determined by the Marshall “pucks”.
Section 02510mpw
ASPHALT CONCRETE PAVEMENT
Page 2 of 2
3.29 PAVEMENT AND MATERIAL TESTING REQUIREMENTS
Delete Part A of this section and add the following:
A. No cores will be required on this project.
END SECTION 02510mpw
Section 02529mpw
CONCRETE SIDEWALKS, DRIVEWAYS, ETC
Page 1 of 1
SECTION 02529mpw
CONCRETE SIDEWALKS, DRIVEWAYS, APPROACHES, CURB TURN FILLETS,
VALLEY GUTTERS, AND MISCELLANEOUS NEW CONCRETE CONSTRUCTION
All applicable portions of this specification section in the MPW Standard Specification shall apply with
the following additions, deletions and/or modifications.
PART 2: PRODUCTS
2.4 GRAVEL BASE MATERIAL
From Paragraph A., delete “requirements for 1" minus material”, replace with “requirements for
¾” or 1 ½” minus material as specified”.
END OF SECTION 02529mpw
Section 02660
WATER DISTRIBUTION SYSTEM
Page 1 of 4
SECTION 02660
WATER DISTRIBUTION SYSTEMS
The following are additions, deletions and/or modifications to the MPW Standard
Specifications.
PART 2: PRODUCTS
2.2 PIPE MATERIALS
B. Ductile Iron Pipe
4. Fittings
Delete this Paragraph and replace with the following:
a. Fittings shall be mechanical joint. Bolts shall be low alloy “Cor-
Ten” or approved equal.
D. Concrete Cylinder Pipe
Delete entire section
E. Water Service Pipe
Delete entire section and replace with the following:
1. Service piping shall be one of the following, as specified on the plans:
a. Polyethylene Pipe (IPS) SIDR 7 (3/4” and 1”)*
b. Polyethylene Tube (IPS) SIDR 11 (1-1/2” and 2”) **
* - Beveling tool must be used.
** - Stainless steel liners required on all compression type fittings for PE
tube.
2.3 TAPPING SLEEVES AND VALVES
Delete this Section and replace with the following:
A. Tapping valves shall be Mueller Resilient Wedge Tapping Valve. Tapping
sleeves shall be PowerSeal stainless steel model 3490 AS or Romac Model
SST III or approved equal.
Section 02660
WATER DISTRIBUTION SYSTEM
Page 2 of 4
2.4 CORPORATION STOPS
Delete this Section and replace with the following:
A. Furnish brass corporation stops, with less than 0.25% lead content (per the
“Reduction of Lead in Water Drinking Act” of 2011), with inlet end to
meet tapping requirements and flared outlet for copper tubing or pressure
coupling for polyethylene tubing.
B. 1” Corporation stops shall be Mueller B-25005 “CC” thread x Insta-Tite
or approved equal. 2” Corporation stops shall be Mueller B-25008 “CC”
thread x C110 or approved equal.
2.5 SERVICE CLAMPS
Add the following:
B. Service saddles for PVC pipe shall be Romac Model 306, Smith-Blair 372
or approved equal.
2.6 CURB STOPS
Delete this Section and replace with the following:
A. Furnish curb stops, with less than 0.25% lead content (per the “Reduction
of Lead in Water Drinking Act” of 2011), with bronze plug, tee head key
with Minneapolis pattern and screw box mount.
B. 1” Curb stops shall be Mueller B-20283 with H-15426 Insta-Tite fittings
or approved equal. 2” Curb stops shall be Mueller B-20283 with C110
fittings or approved equal.
2.7 CURB BOXES
Add the following:
B. Unless otherwise shown on the plans, curb boxes shall be Mueller H-
10334 with stationary rod pentagon nut lid, or approved equal. Stationary
rods shall be 63 inches standard.
Section 02660
WATER DISTRIBUTION SYSTEM
Page 3 of 4
2.8 VALVES
A. Gate Valves
Add the following:
4. Gate valves (MJ x MJ) - 12 inches and under shall be Mueller Resilient
Wedge Gate Valves A-2360-20 conforming to AWWA C-509 standards.
B. BUTTERFLY VALVES
Delete entire section.
2.10 FIRE HYDRANTS
Add the following:
E. Fire hydrants shall be Yellow with Blue Bonnet Mueller Super Centurion 250 (5
¼”, 3-way) conforming to AWWA C-502 standards. No other hydrants will be
considered due to inventory control. Hydrants shall have mechanical joint shoe
connection and shall be as otherwise specified. Hydrants shall be supplied by the
Contractor.
F. The placement of fire hydrants shall be subject to the approval of the Fire Chief.
2.11 SPECIAL FITTINGS
Add the following:
B. Mechanical thrust restraint shall be EBAA Iron Sales series 2000PV or approved
equal. Restrained joints shall be EBAA Iron Sales series 1600 or approved equal.
2.12 POLYETHYLENE ENCASEMENT
Add the following:
B. Polyethylene encasement shall be 8 mil thickness.
Add the following section:
2.13 SERVICE FITTINGS
A. All service fittings furnished shall have less than 0.25% lead content (per the
“Reduction of Lead in Water Drinking Act” of 2011).
Section 02660
WATER DISTRIBUTION SYSTEM
Page 4 of 4
B. If existing water services are ¾” copper the connection to existing reused
corporation stop can be made via. Mueller H-15082N (¾”) and Mueller H-
15426N (¾”x1”)
2.14 METER PITS
A. All meter pits shall be Mueller Thermal Coil Meter Box, (1) 203, (2) CS, (3) 15,
(4) 72, (5) F, (6) S, (7) A, (8) L, (9) N, or approved equal.
PART 3: EXECUTION
3.4 TESTING, CLEANING & DISINFECTING WATER MAINS, VALVES & FITTINGS
C. Bacteriological Test
Delete 3.4.C.1 and replace with the following:
1. After final flushing and before the water main is placed in service, test a first
sample collected from the main(s) for turbidity and organisms, followed with
a second sample 24 hours after the first. The two samples shall consist of a
“set of samples”. Collect at least one set of samples from the new main and
from each branch.
END OF SECTION
Section 02730mpw
SANITARY SEWER COLLECTION SYSTEM
Page 1 of 2
SECTION 02730mpw
SANITARY SEWER COLLECTION SYSTEMS
All applicable portions of this specification section in the MPW Standard Specifications shall
apply with the following additions, deletions, and/or modifications.
PART 1: GENERAL
1.1 DESCRIPTION
Add the following:
B. Television Inspection. The Owner requires all sewers to be inspected using a
television camera before final acceptance.
PART 2: PRODUCTS
2.2 PIPE MATERIALS
A. Polyvinyl Chloride (PVC) Pipe
Add the following:
6. Sewer Saddle
a. Sewer saddles shall be Inserta Tee’s for SDR 35 Pipe or approved equal.
2.3 MANHOLES
D. Frames and Covers
Add the following:
2. The sanitary sewer manhole ring and cover shall be Inland Foundry 771
solid cover Olympic Foundry MH or approved equal.
Add the following section:
2.4 GRINDER PUMP
A. All grinder pumps shall be Liberty 2484 Series Simplex Packaged Pump, 2 hp, 60” deep
discharge with 1 ¼” discharge line diameter or approved equal.
B. Installation to be in accordance with manufactures recommendations. All wiring to be
performed by others.
Section 02730mpw
SANITARY SEWER COLLECTION SYSTEM
Page 2 of 2
PART 3: EXECUTION
3.4 TESTS
B. Light Test
Delete this Section – Contractor to Perform Water Test Only.
D. Water Test
ADD the following section:
4. All manholes shall be tested for leakage by the Contractor. Water testing
will only be allowed where groundwater is below the bottom of the
manhole during testing. Hydrostatic testing shall be conducted by sealing
all pipe penetrations to the manhole and filling the manhole to the top of
the manhole cone with water. Water may be added over a 24-hour period
to compensate for losses due to evaporation and absorption. Following the
24-hour period any loss water within a 30-minute period shall be a failed
test and the manhole will be rejected.
E. Air Test (Alternate)
ADD the following section:
10. All manholes shall be tested for leakage by the Contractor. If manholes
are not tested for leakage via the “water test” method, then the manholes
shall be air tested. All air tested manholes shall be tested per ASTM C
1244.
G. T.V. Inspection
ADD to the following section:
4. The Owner requires all sewer mains to be inspected using a television
camera before final acceptance. TV inspections required by the Owner
shall be the responsibility of the Contractor, including all fees.
END OF SECTION
Section 02910mpw
SEEDING
Page 1 of 3
SECTION 02910mpw
SEEDING
All applicable portions of this specification section in the MPW Standard Specifications shall
apply with the following additions, deletions and/or modifications.
PART 1: GENERAL
1.1 DESCRIPTION
Add the following:
C. All exposed areas disturbed in the execution of the work shall be fertilized,
seeded, and mulched as shown on the plans.
1.2 SUBMITTALS
Add the following:
B. All required fertilizer certificates shall be provided to the Engineer a minimum of
three days prior to fertilizing. The certification shall include the guaranteed
analysis of the fertilizer(s) stated in terms of the percentages of nitrogen (N),
available phosphorus (P2O5) and potassium (K2O) in that order.
PART 2: PRODUCTS
2.1 SEED
Add the following:
E. Seed mixtures in urban areas shall be proportioned as follows:
Plant Species
Seed Mix %
Application Rate
Alene Kentucky Bluegrass 30%
150 lbs Per Acre Kenblue Kentucky
Bluegrass
30%
Dandy Per Ryegrass 20%
Cr. Red Fescue 20%
Section 02910mpw
SEEDING
Page 2 of 3
Note: Modifications to this seed mixture shall be made to match/blend into existing
lawns. All seed shall be 83% pure and shall have a germination percentage of 85%. Do
not sow immediately following rain, when ground is to dry, or during windy periods.
Apply water with fine spray after seeding. Saturate to 3 inches of soil.
F. Seed mixtures in agricultural areas shall seeded with a “horse pasture mix” or
equivalent approved by the leasee.
Note: All seed shall be 83% pure and shall have a germination percentage of 85%. Do
not sow immediately following rain, when ground is to dry, or during windy periods.
Apply water with fine spray after seeding. Saturate to 3 inches of soil.
2.2 TOPSOIL
Add the following:
B. Utilize all salvaged topsoil conserved from clearing and grubbing operations to
cover excavation and embankment slopes prior to fertilizing, seeding, or
mulching.
2.4 FERTILIZER
Add the following:
C. Fertilizer shall be applied at the rates specified below. Fertilizer shall be applied
to the prepared seedbed prior to seeding or mulching and shall be blended with
the topsoil as called for in the Technical Specifications or concurrently with the
seed (as hydraulic seeding and "no-till" drills allow). All areas shall be fertilized
with an organic or inorganic chemical fertilizer with the following nutrients:
Nitrogen (Elemental) 40 lbs/acre
Phosphorus (P205) 60 lbs/acre
Potassium (K20) 80 lbs/acre
Add the following:
2.6 Erosion Control Mat
A. The Contractor shall seed and use straw erosion control mat for all areas as
specified on the plans.
1. Straw Erosion Control Mat. A single net straw erosion control mat shall be used
designed for slopes up to 3:1. Netting shall be photodegradable polypropylene or
biodegradable jute. Straw shall be 100% agriculturally cured wheat straw. Erosion
control mat shall be installed per manufactures recommendations ensuring the mat is
properly secured to the ditch and has adequate overlap on seams.
Section 02910mpw
SEEDING
Page 3 of 3
Add the following:
2.7 Mulch
A. Apply wood fiber mulch at 2,000 lbs per acre.
PART 3: EXECUTION
3.3 SEEDBED PREPARATION AND SOWING
Add the following:
F. Prior to executing the seeding, fertilizing, and mulching work items, the seedbed
at all sites shall be prepared so these items can most effectively be completed in
conformance with the Technical Specifications. The seeding, fertilizing, and
mulching work items shall be executed only after the seedbed has been ac-
cepted by the Engineer. Due to limited site access requirements, hand-raking for
seedbed preparation will be allowed where approved by the Engineer.
G. If broadcast seeding methods are utilized, track all slopes perpendicular to the
flow direction after seed and fertilizer distribution. If vegetative mulch is
utilized, either tracking or crimping with a mulch tiller shall be required to anchor
the mulch. These tracking requirements are applicable to all areas except where
restricted access requirements will not allow tracked equipment. Alternatives to
tracking may be allowed but shall be approved through submittal prior to
conducting the work.
END OF SECTION 02910mpw
APPENDIX A
MISCELLANEOUS FORMS
TO:
OWNER:
CONTRACTOR:
BY:
BY:
PROJECT DESCRIPTION:
DATE:
PROJECT:
PROJECT NO:
NOTICE OF AWARD
ACCEPTANCE OF NOTICE OF AWARD
The Owner has considered the Bid submitted by you for the above-described work in response to its
Invitation to Bid dated and Instructions to Bidders._________________________
You are hereby notified that your Bid has been accepted for:
In the amount of $
You are required by the Instructions to Bidders to execute the Agreement and furnish the required Contractor's
Performance Bond, Payment Bond, and Certificates of Insurance within10 calendar days from the date of this
Notice to you.
If you fail to execute said Agreement and to furnish said bonds and proof of insurance within 10 days from the date of this Notice, the Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law.
Receipt of the above Notice of Award is hereby acknowledged
this day of , ._______ _______________ ___________
ROBERT PECCIA & ASSOCIATES copyright c 2011
Notice of Award Page 1 of 1
APR
You are required to return an acknowledged copy of this Notice of Award to the Owner.
Dated this day of , ._______ _______________ ___________
SIGNATURE
SIGNATURE
PRINT OR TYPE NAME
PRINT OR TYPE NAME
TITLE
TITLE
Contract Agreement
Page 1
AGREEMENT Riverwood Estates SID
CITY OF COLUMBIA FALLS
This Agreement is entered into as of the ___ day of __________, 2017, by and between the City of Columbia Falls, a
municipal corporation, (the "City") and ("Contractor"). The parties
hereto agree as follows:
1. DESCRIPTION OF WORK:
A. Contractor agrees, for the consideration and under the terms and conditions hereinafter set forth, to furnish
and transport all necessary labor, materials, tools, implements, and appliances required to perform and
completely finish in a workmanlike manner to the satisfaction and approval of the City, free of any and all
liens and claims of laborers, material, men, suppliers, and subcontractors, and in conformity in all respects
with all applicable federal, state, county, and City ordinances, rules, and regulations, the project which is
described in the Invitation to Bid and these Contract Documents.
B. The Project shall be accomplished according to all of the contract documents, as listed below, and
according to the Plans and Specifications prepared in connection with the Project and incorporated herein
by reference, which Plans and Specifications may be amended from time to time. The contract documents
include:
1. Invitation to Bid
2. Instructions to Bidders
3. Bidder’s Checklist
4. Proposal
5. EJCDC Standard General Conditions (Incorporated by Reference)
6. Modifications to EJCDC Standard General Conditions
7. City of Columbia Falls Supplementary Conditions
8. Special Provisions
9. Montana Public Works Specifications (Incorporated by Reference)
10. Technical Specifications and Modifications to MPW Technical Specifications
11. Miscellaneous Forms
12. City of Columbia Falls – Standards for Public Works Improvements (Incorporated by Reference)
2. CONTRACT PRICE:
The City shall pay Contractor for such labor and materials
hereinafter called "Contract Price" as follows:
The City agrees to make progress payments to Contractor within thirty (30) days following the Engineer’s
approval of the request for payment, in an amount equal to ninety-five percent (95%) of the portion of the
Contract Price allocable to labor, materials and equipment incorporated into the Project, less the aggregate of
previous payments. Request for payment must be submitted to the Engineer by the 25th day of each month for
verification and approval.
Upon completion of the Project, the remaining five percent (5%) of the Contract Price will be paid after the
Project is inspected and accepted by the City and the Engineer as described in the Supplementary Conditions.
Contract Agreement
Page 2
The Performance Bond, a copy of which is attached hereto and incorporated herein by reference, shall remain
in full force and effect through the warranty period.
3. DISCHARGE OF LIENS:
If at any time during the progress of the work or before the final payment is made, any lien or claim of lien is
filed, or notification to withhold money for labor or materials furnished by or through Contractor under this
Agreement is served on the City, the City shall have the right to withhold from any payment due Contractor, an
amount equal to one and one-half (1 ½) times the amount of any or all such liens or claims. If Contractor has
not settled the liens or claims by the date of completion of the Project, the City shall have the right, but shall
not be obliged, to discharge any and all such liens or claims out of the withheld money.
4. EXTRA WORK:
If at any time or times during the progress of the Project, the City desires to make any additions to, alterations
of, deviations from, or omissions from the Project, it may do so and the same shall in no way affect or make
void this Agreement, but no such additions, alterations, deviations, or omissions shall be made except on the
City's written request. Any such alterations, deviations, or omissions that decrease the cost of the Project shall
be evaluated on a lump-sum basis and this amount shall be deducted from the Contract Price. Any such
additions, alterations, or deviations that increase the cost of the Project shall at the City's option be evaluated
(1) on a lump-sum basis, the amount thereof to be agreed on in writing before the initiation of such addition,
alteration, or deviation, or (2) on the basis of Contractor's actual out-of-pocket expenses plus ten percent
(10%). This extra work shall be held to be completed when the entire Project is finished in accordance with
the original Plans and Specifications as amended by such changes, whatever may be their nature or extent. No
premium rate for overtime, weekend or holiday work is authorized by the City.
5. TIME FOR COMMENCEMENT AND COMPLETION:
Contractor agrees to commence work as specified in the Notice to Proceed, attached hereto and incorporated
herein by reference. The Contractor agrees to complete the entire Project under this Agreement, as may be
amended, no later than 90 calendar days after the Notice to Proceed is given and all work to be completed by
__________2017 as specified in the Special Provisions.
6. COMPLIANCE WITH STATE LAW:
Contractor shall at all times pay prevailing wages as provided in Section 18-2-401, MCA. The prevailing wage
rates, including fringe benefits, applicable to the Project are incorporated herein by reference. In addition, the
Contractor shall be required to pay the 1% public contractor license fee required by Section 15-50-101, et seq.,
MCA, and such amount shall be withheld by the City and remitted to the Montana Department of Revenue.
Contractor shall comply with Section 18-2-403, MCA, regarding preference in employment to Montana
residents. Finally, Contractor shall comply with Section 39-3-701, et seq., MCA, which requires the posting of
a bond with the Commission of Labor and Industry to insure payment of workers' wages and fringe benefits.
7. CHARGES AND LIENS:
Contractor shall pay all charges incurred by him for labor and materials used in the Project as they become due.
Should Contractor fail to pay any such charge, or fail to furnish the City with proper indemnity, either by
satisfactory corporate surety bond or satisfactory title insurance policy, the City may pay the same on behalf of
Contract Agreement
Page 3
Contractor and shall be reimbursed by the Contractor for such payment on request. The City, however, shall
not be entitled by means of assignments or otherwise to collect from Contractor any greater amount under this
Section than the amount actually paid by the City (including attorneys' fees and costs) in reasonable settlement
or discharge of any such charge for labor and materials.
8. INDEMNITY AGREEMENT:
Contractor shall indemnify and save harmless the City and its agents and servants, and each of them, of and
from any and all claims, demands, causes of action, damages, costs, expenses, losses, or liabilities, in law or in
equity, of every kind and nature whatsoever, for, but not limited to, injury to or death of Contractor, any
subcontractor, or any employees of the City, Contractor, or any subcontractor, or any other person, and
damages to or destruction of property of the City or any other person, arising out of or in any manner directly
or indirectly connected with the work to be performed under this Agreement, however caused, regardless of
any negligence of the City or its agents or servants, be it active or passive, except the sole negligence or willful
misconduct of the City or its agents or servants. Said indemnification shall include the defense of any actions
or other legal proceedings and reimbursement of attorneys’ fees and other legal expenses incurred by the City
and shall include any and all penalties imposed upon the City on account of the violation of any law or
regulation by Contractor.
9. INSURANCE:
A. Before commencement of any work under this Agreement, Contractor shall take out and thereafter
during the life of this Agreement maintain in full force and effect an insurance policy written upon a
form and by a company which meets with the approval of the City, insuring the City, its officers,
agents, employees, and the Engineer against loss or liability which may arise during the work on the
Project, or which may result from any of the work herein required to be done, including all costs of
defending any claim arising as a result thereof. Insurance shall be written to meet the limits specified
in the Supplementary Conditions. Said policy shall be written in favor of Contractor and all
subcontractors and also in favor of the City, its officers, agents, employees, and the Engineer and shall
be maintained in full force and effect until the Project is unconditionally accepted by the City. This
insurance policy shall state by its terms that it shall not be canceled without ninety (90) days written
notice thereto having been given to the City.
B. Before commencement of any work under this Agreement, Contractor shall take out and thereafter
during the life of this Agreement, maintain in full force and effect workers' compensation insurance
covering Contractor's full liability for compensation to any person or persons who are or may be
engaged in the execution of the work done under this Agreement, in compliance with all Workers'
Compensation Insurance of the State of Montana and amendments thereto.
C. Written proof of compliance with these requirements (a) and (b) shall be filed with and approved by
the City, to its satisfaction, before commencement of the Project. Contractor shall pay any and all
deductibles required by these insurance policies.
10. PERFORMANCE AND PAYMENT BOND:
As required by Section 18-2-201, et seq., MCA, Contractor, at his own cost and expense, shall procure prior to
commencement of work and maintain during the term of this Agreement, a Performance Bond and a Payment
Bond, copies of which are attached hereto and incorporated by reference, in a sum not less than the Contract
Price, to guarantee faithful performance of all of Contractor's obligations as set forth herein, and to secure
Contract Agreement
Page 4
payment to its subcontractors, and all other persons performing labor or providing material, including the rental
of equipment, relating to the Project as provided herein. Such bonds shall be in a form satisfactory to the City.
11. LIQUIDATED DAMAGES:
The parties agree that it would be extremely difficult to determine the City's actual damages in the event that
the Contractor fails to complete the Project within the time for completion, as set forth herein. If the
Contractor fails to complete the Project within the time for completion, then the Contractor shall pay to the
City $1,500 per day as liquidated damages, and not as a penalty, and pay to the Engineer labor and equipment
as set forth in the Supplementary Conditions, to cover additional inspection cost, and any direct damages
incurred by the City for each calendar day the Project is incomplete and not accepted by the City.
12. FIRE INSURANCE AND DESTRUCTION OF PROJECT:
Contractor shall procure and maintain property insurance upon the entire Project in amounts satisfactory to the
City insuring against the perils of fire and extended coverage, including "all risk" insurance and coverage for
theft, fire, vandalism, and malicious mischief. Said policy shall name the City and Engineer as additional
insured and a copy of a certificate of coverage shall be provided designating the City and Engineer as
additional insureds. If the Project is destroyed by any accident, disaster, or calamity, such as fire, storm, flood,
landslide, subsidence, or earthquake, or by theft or vandalism, any work done by Contractor in rebuilding or
restoring the Project shall be paid for by the City as "extra work" as provided herein, but only if there is
sufficient insurance coverage to pay such amounts. If, however, the estimated cost of replacement of work
already accomplished by Contractor exceeds twenty percent (20%) of the contract price, the City shall have the
option to cancel this Agreement, and in that event, Contractor shall be paid the reasonable cost, including a net
profit to Contractor in the amount of ten percent (10%), of all work performed by Contractor before
cancellation, but only if there is sufficient insurance coverage to cover such payment. Contractor shall pay any
and all deductibles required under said insurance policy.
13. TERMINATION OF CONTRACT/DAMAGES:
A. Should Contractor at any time during the progress of the Project refuse or neglect to supply sufficient
materials or workmen to complete the Project for a period of more than seven (7) days after having
been notified by the City to furnish them, or should Contractor at any time during the progress of the
work refuse or fail to make prompt payment to subcontractors, laborers or material, men for labor
performed on or materials furnished to the Project for a period of more than seven (7) days after
having been notified by the City to make said payments, the City may terminate this Agreement and
contract for completion of the work or complete the work itself and make good any deficiencies and
may deduct the costs thereof, including all expenses and attorneys' fees, from the payment then or
thereafter due to the Contractor. On completion of said Project by the City or the City's agent, if the
unpaid balance of the Contract Price exceeds the actual expenses, including attorneys' fees, incurred
by the City in completing the Project, such excess shall be promptly paid by the City to Contractor. If,
however, on completion of the Project by the City or the City's agents, the expenses, including
attorneys' fees, incurred by the City in completing the Project exceed the unpaid balance of the
Contract Price; such excess shall be promptly paid by Contractor to the City.
Additionally, upon default under this Agreement by Contractor, the City may recover from Contractor
all damages allowed by law.
Contract Agreement
Page 5
B. Should the City fail to pay Contractor within seven (7) days after payment becomes due as provided
herein any amount payable by the City to Contractor pursuant to this Agreement, Contractor may,
following seven (7) days' written notice thereof to the City, terminate his services under this
Agreement until all past-due payments have been received by Contractor or are set aside in an escrow;
and, additionally, Contractor may recover from the City all damages allowed by law.
14. UNAVOIDABLE DELAYS AND DEFAULTS:
Either party, Contractor or the City, shall be excused for any delays or defaults by it in the performance of this
Agreement unavoidably caused by the act of the other, or the agents or subcontractors or suppliers of the other,
or by any other cause beyond their reasonable control. The Contractor shall be excused for any delays or
defaults caused by Acts of God that Contractor could not have reasonably foreseen and provided for, by stormy
weather which prevents the work, by strikes, by walk-outs, by civil disorders, by boycotts, or by failure to
obtain the necessary materials due to governmental acts, restrictions or regulations, and the time for completion
of the Project shall be extended thereby.
15. EMPLOYMENT - NON-DISCRIMINATION:
Contractor shall comply strictly with applicable federal, state, and local requirements relating to the
establishment of non-discriminatory practices in hiring and employment.
16. RESERVED:
17. LAWS AND REGULATIONS:
Contractor shall give all notices and comply with all laws, ordinances, rules and regulations relating to the
Project. If Contractor observes that the Plans and Specifications are at variance therewith, he shall promptly
notify the City in writing, and any necessary changes shall be adjusted as provided in the Contract Documents
for changes in the work. If Contractor performs any work contrary to such laws, ordinances, rules and
regulations, and without written notice to the City, he shall bear all costs arising therefrom.
18. CUSTOMER RELATIONS:
Contractor agrees that its personnel and equipment shall at all times present a neat appearance and all work
shall be done, and all contacts with customers and all complaints handled in a professional manner with due
regard for the City's public relations. Contractor agrees that complaints of any nature received from the public
or from public authorities shall receive immediate attention. All complaints and any action taken by the
Contractor with respect to such complaints shall be reported to the City.
19. CLEAN UP:
Contractor shall keep the work site reasonably clear during the progress of the work. Before this Agreement
shall be considered complete, Contractor shall clean out ditches that may have been filled during the work,
replace damaged surfacing, remove surplus materials and trash, dispose of brush, repair all damages, and
otherwise leave the Project in a neat, orderly and workmanlike condition. The surface of the land surrounding
the job site shall be returned to its natural contour and condition, and exposed and unsightly stumps, boulders
or rocks shall be removed. If the Contractor fails to clean up, as aforementioned, the City may do so and the
cost thereof shall be charged to the Contractor.
Contract Agreement
Page 6
20. NOTICES:
Any and all notices or other matters required or permitted by this Agreement or by law to be served on, given
to, or delivered to either party hereto by the other party to this Agreement shall be in writing and shall be
deemed duly served, given, or delivered when personally delivered to the party to whom it is addressed or in
lieu of such personal service, three (3) days after deposited in the United States mail, first-class postage paid,
addressed to the City at 130 6th Street West, Columbia Falls, Montana 59912, or to Contractor at
. Either party, the
City or Contractor, may change its address for the purpose of this section by giving written notice of such
change to the other party in the manner provided in this section.
21. ATTORNEYS' FEES:
In the event of any litigation or arbitration concerning any controversy, claim or dispute between the parties
hereto, arising out of or relating to this Agreement or the breach hereof, or the interpretation hereof, the
prevailing party shall be entitled to recover from the losing party reasonable attorneys' fees and costs incurred
therein or in the enforcement or collection of any judgment or award rendered therein.
22. CAPTIONS:
The captions and headings of the different sections of this Agreement are inserted for convenience of reference
only, and are not to be taken as part of this Agreement or to control or affect the meaning, construction, or
effect of the same.
23. NECESSARY ACTS:
Each party to this Agreement agrees to perform any further acts and execute and deliver any further documents
that may be reasonably necessary to carry out the provisions of this Agreement.
24. ASSIGNMENT:
Neither party may assign this Agreement, or payments due under the Agreement, without the written consent of
the other party.
25. GOVERNING LAW:
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Montana.
26. FORUM:
Any litigation or arbitration to enforce or interpret the provisions of this Agreement or the parties' rights and
liabilities arising out of this Agreement or the performance hereunder shall be maintained only in the courts in
the County of Flathead, State of Montana.
Contract Agreement
Page 7
27. SOLE AND ONLY AGREEMENT:
This Agreement, including any exhibits attached hereto, and including all other documents referred to herein,
constitute the sole and only Agreement of the parties hereto relating to the Project and correctly set forth the
rights, duties, and obligations of each to the other as of the date set forth above. Any prior agreements,
promises, negotiations, or representations not expressly set forth in this Agreement or referenced herein are of
no force or effect.
28. TIME OF ESSENCE:
Time is of the essence in this Agreement.
29. SEVERABILITY:
In the event that any part or provision of this Agreement is found to be illegal or unconstitutional by a court of
competent jurisdiction, such findings shall not affect the remaining parts, portions, or provisions of this
Agreement.
CONTRACTOR: CITY OF COLUMBIA FALLS:
By: By:
Name: Name:
Title: Title:
EJCDC® C-610, Performance Bond
Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3
PERFORMANCE BOND
CONTRACTOR (name and address):
SURETY (name and address of principal place of business):
OWNER (name and address): CONSTRUCTION CONTRACT
Effective Date of the Agreement: Amount: Description (name and location):
BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract):
Amount: Modifications to this Bond Form: None See Paragraph 16
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
(seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title
Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to
Contractor, Surety, Owner, or other party shall be considered plural where applicable.
EJCDC® C-610, Performance Bond
Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3
1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3.
3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after:
3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default;
3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and
3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.
5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:
5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;
5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence,
to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or
5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:
5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or
5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.
7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:
7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;
7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and
7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.
8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond.
9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns.
EJCDC® C-610, Performance Bond
Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3
10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.
11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable.
12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.
13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
14. Definitions
14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.
14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents.
14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.
14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.
14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor.
15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
16. Modifications to this Bond are as follows:
EJCDC® C-615, Payment Bond
Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3
PAYMENT BOND
CONTRACTOR (name and address):
SURETY (name and address of principal place of business):
OWNER (name and address):
CONSTRUCTION CONTRACT
Effective Date of the Agreement: Amount: Description (name and location):
BOND
Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract):
Amount: Modifications to this Bond Form: None See Paragraph 18
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause
this Payment Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
(seal) (seal)
Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal
By: By:
Signature Signature (attach power of attorney)
Print Name Print Name
Title Title
Attest: Attest:
Signature Signature
Title Title
Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference
to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
EJCDC® C-615, Payment Bond
Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3
1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms.
2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond.
3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety.
4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit.
5. The Surety’s obligations to a Claimant under this Bond shall arise after the following:
5.1 Claimants who do not have a direct contract with the Contractor,
5.1.1 have furnished a written notice of non-
payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and
5.1.2 have sent a Claim to the Surety (at the
address described in Paragraph 13).
5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13).
6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1.
7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions:
7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
7.2 Pay or arrange for payment of any undisputed amounts.
7.3 The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
8. The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.
9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work.
10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond.
11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.
EJCDC® C-615, Payment Bond
Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3
12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received.
14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
16. Definitions
16.1 Claim: A written statement by the Claimant including at a minimum:
1. The name of the Claimant; 2. The name of the person for whom the labor
was done, or materials or equipment furnished;
3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract;
4. A brief description of the labor, materials, or equipment furnished;
5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract;
6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim;
7. The total amount of previous payments received by the Claimant; and
8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim.
16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.
16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents.
16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.
16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor.
17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
18. Modifications to this Bond are as follows:
NAME AND ADDRESSOF SUBCONTRACTOR
MONTANA PUBLICCONTRACTOR’S
REGISTRATION NO.TYPE OF WORK
TOTAL:
APPROXIMATEVALUE OF
SUBCONTRACT
PROJECT TITLE:
CONTRACTOR:
PROJECT NO:
APPROVAL OF SUBCONTRACTORS
ROBERT PECCIA & ASSOCIATES copyright c 2011
Approval of Subcontractors 1 of 1
APR
Listed below are all of the subcontractors which we propose to use on this project. Your approval of these subcontractors is requested.
We certify that these subcontractors, as listed, have been advised of the labor standards and provisions applicable to this project and that these provisions, as incorporated in the Contract between the Owner and the undersigned Contractor, will be incorporated in the contracts between the Contractor and the listed subcontractors. These provisions shall include all necessary insurance, workers compensation, and other legal requirements that the Contractor must carry.
Any deviation from this list shall be approved by the Owner prior to the subcontractor conducting the work.
SIGNED BY (Contractor):
CHECKED BY (Engineer):
APPROVED BY (Owner):
DATE
DATE
DATE
SIGNATURE PRINT OR TYPE NAME
PRINT OR TYPE NAME
PRINT OR TYPE NAME
SIGNATURE
SIGNATURE
TO:
OWNER:
CONTRACTOR:
BY:
BY:
DATE:
PROJECT:
PROJECT NO:
NOTICE TO PROCEED
ACCEPTANCE OF NOTICE TO PROCEED
In accordance with the Agreement dated , , you are hereby
notified to commence work no later than , , and you are to
complete the work within consecutive calendar days thereafter. The date of completion
of all work is, therefore, , .
_________________
_________________ _________
_______
___________________ _________
_________
Receipt of the above Notice to Proceed is hereby acknowledged
this day of , ._______ _______________ _________
ROBERT PECCIA & ASSOCIATES copyright c 2011
Notice to Proceed Page 1 of 1
APR
SIGNATURE
SIGNATURE
DATE
DATE
PRINT OR TYPE NAME
PRINT OR TYPE NAME
TITLE
TITLE
TO (Engineer):
BY:
BY:
ADDRESS:
DATE:
REMARKS:
TELEPHONE:OWNER APPROVAL:
SUBMITTED BY:
SIGNATURE
SIGNATURE
SIGNATURE
DATE
DATE
DATE
PRINT OR TYPE NAME
PRINT OR TYPE NAME
PRINT OR TYPE NAME
TITLE
TITLE
TITLE
PROJECT TITLE: PROJECT NUMBER:
PARAGRAPH:SPECIFICATION SECTION:
SPECIFIED ITEM:
PROPOSED SUBSTITUTION:
CHECKED BY ENGINEER:
SUBSTITUTION REQUEST FORM
ROBERT PECCIA & ASSOCIATES copyright c 2015
Substitution Request Form 1 of 1
APR
We hereby submit for your consideration the following product instead of the specified item for the above project.
A. Does the substitution affect dimensions shown on Drawings? ________________________________
B. Will the undersigned pay for changes to building design, including engineering and detailing costs
caused by the requested substitution? _____________________________________________________
C. What affect does substitution have on other trades?
D. Differences between proposed substitution and specified item?
E. Manufacturer's guarantees of the proposed and specified items are:
Same Different (explain on attachment)_____ _____
Attach complete technical data, including laboratory tests, if applicable. Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. (Fill in blanks below.)
The undersigned states that the function, appearance, and quality are equivalent or superior to the specified item.
Accepted
Not Accepted
Accepted As Noted
Received Too Late
SIGNED BY (Contractor):
BID ITEMNO.
DESCRIPTION OF BID ITEM COMPONENT OF WORK (Describe)
TOTAL COST OF WORK ITEMS FOR PAYMENT REQUEST:
COST PERCOMPONENT
CHECKED BY (Engineer):
APPROVED BY (Owner):
PROJECT TITLE:
CONTRACTOR:
PROJECT NO:
SCHEDULE OF VALUES FOR CONTRACT PAYMENT
ROBERT PECCIA & ASSOCIATES copyright c 2015
Schedule of Values for Contract Payment 1 of 1
(Applies ONLY to Lump Sum Bid Items)
APR
I hereby certify that the costs of the work items noted above include an appropriate amount of overhead and profit applicable to each work item. The sum of the costs per component shall equal the lump sum unit price of the bid item.
DATESIGNATURE
SIGNATURE
SIGNATURE PRINT OR TYPE NAME
PRINT OR TYPE NAME
PRINT OR TYPE NAME
DATE
DATE
K:\Kal-Proj-Data\14104.000 - C Falls Water & Sewer\14104.007 - 2nd Avenue Rebuild\H. Design Computations\5. Contract Documents\MISC FORMS\9. APPLICATION AND CERTIFICATION FOR PAYMENT.xls
APPLICATION AND CERTIFICATE FOR PAYMENT
Application No. 1 Page 1 of 2
Period from : To:
OWNER: CONTRACTOR:
PROJECT:
CONTRACT DATE:
ORIGINAL CONTRACT SUM
Change Order No.
Change Order No.
Change Order No.
Net Change by Change Orders $0.00
CONTRACT SUM TO DATE $0.00
Amount Amount Less 1%Earned Retainage Earned Gross
Estimate This Held This Less ReceiptsNo. Estimate Estimate Retainage Tax Total
Totals: 0.00 0.00 0.00 0.00 0.00
Less Previous Certificates for Payment: 0.00
Current Payment Due: 0.00
CONTRACTOR'S CERTIFICATE
The undersigned Contractor certifies that the Work covered by this Application for Payment has been completed in accordance with the
Contract Documents, that all amounts have been paid by him for Work for which previous Certificates for payment were issued and
payments received from the Owner, and that current payment shown herein is due.
Dated: 0Contractor
By:
ENGINEER'S CERTIFICATE FOR PAYMENT
This Application (with accompanying documentation) meets the requirements of the Contract Documents and payment of the above
"Current Payment Due" is recommended.
Dated: Robert Peccia and AssociatesEngineer
By:
Method of determining change in Contract Price: Method of determining change in Contract Time:
PROJECT TITLE:
DESCRIPTION:
PURPOSE OF WORK DIRECTIVE CHANGE:
ATTACHMENTS: (List documents supporting change)
OWNER: ENGINEER:
CONTRACTOR:
CONTRACT DATE:PROJECT NO.:
WORK DIRECTIVE CHANGE
ROBERT PECCIA & ASSOCIATES copyright c 2011
Work Directive Change 1 of 2
APR
You are directed to proceed promptly with the following change(s):
If a claim is made that the above change(s) have affected Contract Price or Contract Time, any claim for a Change Order based thereon will involve one of the following methods of determining the effect of the change(s).
Time and Materials
Unit Prices
Cost Plus Fixed Fee
Other
Contractor’s Records
Engineer’s Records
Other
Instructions on Next Page
Estimated increase (decrease) in Contract Time:
days. If the change involves an increase,
the estimated time is not to be exceeded without further
authorization.
__________
Estimated increase (decrease) in Contract Price:
$ amount. If the change involves
an increase, the estimated amount is not to be
exceeded without further authorization.
_________________
RECOMMENDED BY (Engineer):
ACCEPTED BY (Contractor):
AUTHORIZED BY (Owner):
SIGNATURE PRINT OR TYPE NAME DATE
DATE
DATE
PRINT OR TYPE NAME
PRINT OR TYPE NAME
SIGNATURE
SIGNATURE
ROBERT PECCIA & ASSOCIATES copyright c 2011
Work Directive Change 2 of 2
APR
WORK DIRECTIVE CHANGE
INSTRUCTIONS
A. GENERAL INFORMATION
This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Time. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order.
For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Time, a Field Order may be issued.
B. COMPLETING THE WORK DIRECTIVE CHANGE
Engineer initiates the form, including a description of the items involved and attachments.
Based on conversations between Engineer and Contractor, Engineer completes the following:
METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed work is completed, another Work Directive Change must be issued to change the time or Contractor may stop the changed Work when the estimated time is reached. If the Work Directive Change is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable".
METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT TIME: Mark the method to be used in determining the change in Contract Time and the estimated increase or decrease in Contract Time. If the change involves an increase in the Contract Time and the estimated time is approached before additional or changed Work is completed, another Work Directive Change must be issued to change the time or Contractor may stop the changed Work when the estimated time is reached. If the Work Directive Change is not likely to change the Contract Time, the space for estimated increase (decrease) should be marked "Not Applicable".
Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in price or time. Once authorized by Owner, a copy should be sent by Engineer to Contractor.
Once the Work covered by this directive is completed for final cost and time determined, Contractor should submit documentation for inclusion in a Change Order.
THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR THE CONTRACT TIME. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY.
SUMMARY OF COST AND TIME:
COST BREAKDOWN: TIME BREAKDOWN:
ITEM NO.
DESCRIPTION QUANTITY UNITS UNIT PRICE AMOUNT BASIS OF UNIT PRICE
PROJECT TITLE:
OWNER: DATE OF CHANGE ORDER:
CONTRACTOR:
CONTRACT DATE:
PROJECT NO.: CHANGE ORDER NO.:
CHANGE ORDER
ROBERT PECCIA & ASSOCIATES copyright c 2011
Change Order 1 of 2
APR
Change orders must be accompanied by an itemized cost breakdown, i.e.: unit prices, negotiated lump sum prices, negotiated cost plus basis. Note all cost plus pricing to be supported by documentation which supports the cost of that item.
The completion date as set forth in the contract documents shall be unchanged increased decreased
by calendar days. The date for completion of all work will be ._______
Original Contract Price:
Previous Change Order Amount:
Current Contract Price:
Amount of This Change Order:
New Contract Price:
Start of Construction:
Calendar Days by Contract:
Contract Completion Date:
No. of Days Granted This Change Order:
New Contract Completion Date:
JUSTIFICATION OF CHANGE ORDER:
ROBERT PECCIA & ASSOCIATES copyright c 2011
Change Order 2 of 2
APR
CHANGE ORDER
SURETY CONSENT
The surety hereby consents to the aforementioned contract change order and agrees that its bond or
bonds shall apply and extend to the contract as thereby modified or amended per this change order.
The principal and the surety further agree that on or after execution of this consent, the penalty of the
applicable performance bond or bonds is hereby increased by $ (100% of the ____________________
change order amount) and the penalty of the applicable labor and material bond or bonds is hereby
increased by $ (100% of the change order amount). ___________________
COUNTERSIGNED BY MONTANA RESIDENT AGENT
ACCEPTED BY (Contractor):
APPROVED BY (Owner):
RECOMMENDED BY (Engineer):DATESIGNATURE
SIGNATURE
SIGNATURE
COMPANY
COMPANY
SIGNATURE
SIGNATURE
PRINT OR TYPE NAME
PRINT OR TYPE NAME
PRINT OR TYPE NAME
TITLE
TITLE
PRINT OR TYPE NAME
PRINT OR TYPE NAME
DATE
DATE
(SEAL)
FULL AND FINAL RESOLUTION:Execution of this Change Order by the Contractor shall constitute full and final resolution of all claims, impacts, delays, or costs associated with the change, and the Contractor waives any and all claims for money, impacts, delays, costs, or any other effect of the change(s) covered by this Change Order.
APPROVALS:Surety consent is required if the net increase of this change order and all previous change orders exceeds 20% of the original contract amount.
SURETY
By:
By:
TO (Owner):
CONTRACTOR:
ATTN (Engineer):
FROM (Contractor):
DATE:
PROJECT:
PROJECT NO:
CONTRACT DATE:
CONTRACTOR’S CERTIFICATE OF COMPLETION
ROBERT PECCIA & ASSOCIATES copyright c 2011
Contractors Certificate of Completion 1 of 1
APR
This is to certify that I, , am an authorized official of
, working in the capacity of
, and have been properly authorized by said firm
or corporation to sign the following statements pertaining to the subject contract:
___________________________________________
______________________________________________________________
_____________________________________________
I know of my own personal knowledge, and do hereby certify, that the work of the contract described above has been performed, and materials used and installed in every particular, in accordance with, and in conformity to, the Contract Plans and Specifications.
The contract work is now complete in all parts and requirements and ready for your substantial completion inspection.
I understand that neither the determination of the Engineer that the work is complete nor the acceptance thereof by the Owner shall operate as a bar to claim against the Contractor under the terms of the guarantee provisions of the Contract Documents.
BY:SIGNATURE
PRINT OR TYPE NAME
DATE
TITLE
TO (Owner): SUBSTANTIAL COMPLETION DATE:
CONTRACTOR:
ENGINEER:
BY:
BY:
BY:
SIGNATURE
SIGNATURE
SIGNATURE
DATE
DATE
DATE
OWNER:
REMARKS: (include additional information if necessary)
PROJECT:
INSPECTION DATE:
CONTRACT DATE:
PERFORMANCE BOND NO:
PROJECT NO:
ENGINEER:
DATE OF BOND:
PROJECT OR PART SHALL INCLUDE:
SURETY:
CONTRACTOR: MONTANA AGENT:
ADDRESS:
PHONE NO: PHONE NO:
ADDRESS:
CERTIFICATE OF SUBSTANTIAL COMPLETION
ROBERT PECCIA & ASSOCIATES copyright c 2015
Certificate of Substantial Completion 1 of 1
APR
The Work performed under this Contract has been inspected by authorized representatives of the Owner, Contractor, and Engineer, and the Project (or specified part of the Project, as indicated above) is hereby declared to be substantially completed on the above date.
A tentative list of items to be completed is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents.
The Contractor accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated.
The Owner accepts the Project or specified area of the Project as substantially complete and will assume full
possession of the project or specified area at (time), on (date). The responsibility for __________ ________________
heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below.
DEFINITION OF SUBSTANTIAL COMPLETIONThe date of substantial completion of a project or specified area of a project is the date when the construction is sufficiently completed, in accordance with the contract documents, as modified by any change orders agreed to by the parties, so the Owner can occupy or utilize the project or specified area of the project for the use for which it was intended.
STATE OF:
DATE:
COUNTY OF:
PROJECT:
PROJECT NUMBER:
AFFIDAVIT ON BEHALF OF CONTRACTOR
ROBERT PECCIA & ASSOCIATES copyright c 2011
Affidavit On Behalf of Contractor 1 of 1
APR
I certify to the best of my knowledge and belief that all work has been performed and materials supplied in
strict conformance with the terms and conditions of the corresponding Contract Documents between
, the Owner, and , the
Contractor, dated for the
Project, No. , and further declare
that all bills for materials, supplies, utilities, and for all other things furnished or caused to be furnished by
the above-named Contractor and used in the execution of the above Contract have been fully paid, and
there are no unpaid claims or demands of State Agencies, subcontractors, materialmen, mechanics,
laborers or any others resulting from or arising out of work done or ordered to be done by said Contractor
under the above-identified Contract.
In consideration of the prior and final payments made and all payments made for authorized changes, the
Contractor releases and forever discharges the Owner from any and all obligations and liabilities arising
by virtue of said Contract and authorized changes between the parties hereto, either verbal or in writing,
and any and all claims and demands of every kind and character whatsoever against the Owner, arising
out of or in any way relating to said Contract, and authorized changes. This Waiver includes any claim of
lien as well as any and all claims under 40 U.S.C. 270a-270d (”the Miller Act”) or any state statute
serving a substantially similar purpose, and releases and waives any and all claims to any private bond right.
This statement is made for the purpose of inducing the Owner to make Final Payment under the terms of
the Contract, relying on the truth and statements contained therein. The Contractor acknowledges others,
including lenders, insurers, and the Engineer, will rely upon this instrument as a full and complete waiver
and release of all claims in the normal course of their transactions.
Dated this day of , , at , Montana.
___________________________________ ________________________________
_____________________ _________________________________________
____________________________________________ ____________
_____ _________________ _______ ___________________
):ss
)
Subscribed and sworn to before me this day
of , .
_____
_______________ _______
BY:SIGNATURE
PRINT OR TYPE NAME
DATE
TITLE
CONTRACTOR:
NOTARY PUBLIC FOR THE STATE OF MONTANA
RESIDING AT
MY COMMISSION EXPIRES
OWNER:
PROJECT NUMBER:
SURETY:
PROJECT:
SURETY COMPANY:
SIGNATURE OF AUTHORIZED REPRESENTATIVE
ADDRESS
COMPANY NAME
TITLE DATE
(SEAL)
ENGINEER:
CONTRACTOR:
CONTRACT DATE:
CONSENT OF SURETY COMPANY TO FINAL PAYMENT
ROBERT PECCIA & ASSOCIATES copyright c 2011
Consent Of Surety Company To Final Payment 1 of 1
NOTE: This form is to be used as a companion document to the Affidavit on Behalf of Contractor (current edition).
APR
In accordance with the provisions of the contract between the Owner and the Contractor indicated above,
the , SURETY COMPANY, on bond of
, CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor
shall not relieve the Surety Company of any of its obligations to
, OWNER,
as set forth in the said Surety Company’s bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of
, .
_____________________________________________________
______________________________________________________________________
___________________________________________________________________________
__________
______________________ _______________
(here insert name of Surety Company)
(here insert name and address of Contractor)
(here insert name and address of Owner)
SEWER SERVICE ELEVATION FORM
RIVERWOOD ESTATES SID
Robert Peccia & Associates, Inc.
825 Custer Avenue * Helena * Montana * (406) 447-5000
102 Cooperative Way, Suite 300 * Kalispell * Montana * (406) 752-5025
Elevation of Top of Existing Sewer Elevation of Top of Water Main at Service Elevation of Additional Utility Crossings Property Address Service at Connection Point Crossing Location (If Present) (Optional)
1800 Riverwood Drive
1801 Riverwood Drive
1803 Riverwood Drive
1808 Riverwood Drive
1816 Riverwood Drive
1817 Riverwood Drive
1821 Riverwood Drive
1824 Riverwood Drive
1825 Riverwood Drive
1829 Riverwood Drive
1832 Riverwood Drive
1833 Riverwood Drive
1840 Riverwood Drive
1848 Riverwood Drive
1851 Riverwood Drive
1856 Riverwood Drive
1859 Riverwood Drive
1864 Riverwood Drive
1867 Riverwood Drive
1872 Riverwood Drive
1875 Riverwood Drive
1880 Riverwood Drive
1885 Riverwood Drive
1888 Riverwood Drive
1896 Riverwood Drive
1899 Riverwood Drive
1900 Riverwood Drive
PREPARED BY RPA 2/9/2017 Page 1