Chester Wastewater Collection System Improvements

Transcription

1 CONTRACT DOCUMENTS & SPECIFICATIONS Chester Wastewater Collection System Improvements Chester, Montana August 2018 RPA Prepared by: Robert Peccia and Associates Helena, MT Set Number 08/29/18

2 Intentionally Left Blank

3

4 Intentionally Left Blank

5 TABLE OF CONTENTS Contract Documents & Specifications SECTION I. BIDDING REQUIREMENTS AND INFORMATION Bidder s Checklist Invitation to Bid Instructions to Bidders SECTION II. BIDDING DOCUMENTS Bid Proposal Bid Bond (EJCDC C-430) SECTION III. GENERAL CONDITIONS Standard General Conditions (EJCDC C-700) RPA Supplementary Conditions SECTION IV. SPECIAL PROVISIONS Contents listed at front of the Special Provisions Section Funding Agency Special Provisions of Montana Public Facility Projects 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) Notice to Proceed Approval of Subcontractors Substitution Request Form Schedule of Values for Contract Payment Application and Certificate of Payment Work Directive Change Change Order Affidavit on Behalf of Contractor Contractor's Certificate of Completion Certificate of Substantial Completion Consent of Surety Company to Final Payment APPENDIX B. ASBESTOS INSPECTION REPORT CONSTRUCTION DRAWINGS Bound under separate cover

6 Intentionally Left Blank

7 SECTION I BIDDING REQUIREMENTS AND INFORMATION

8 Intentionally Left Blank

9 BIDDER'S CHECKLIST At the Bidder s option, the following Bidder's Checklist may be utilized in preparing your bid. 1) 2) Original Bid Bond Enclosed? (Personal checks, business checks, and faxed copies are not acceptable.) Bid Proposal: a. b. c. d. Arithmetic checked? Numerical Bid Prices agree with written Bid Prices? Addendums acknowledged on bid form? Signature portion completely filled out? 3) Bid Envelope? a. b. c. Addressed Properly? Acknowledged Receipt of Addenda? Sealed? 4) Bid submitted prior to required time at specified location? ALL BID DOCUMENTS AND BONDS MUST BE ORIGINALS. LEAVE ALL PROPOSAL SHEETS INTACT IN THE OFFICIAL BID PROPOSAL.

10 Intentionally Left Blank

11 INVITATION TO BID Separate sealed Bids will be received by Robert Peccia & Associates, for the Town of Chester, until 1:00 pm, local time, Monday, September 10, 2018, for construction of Chester Wastewater Collection System Improvements All received Bids will be publicly opened and read aloud at Robert Peccia & Associates, 3147 Saddle Drive, Helena, MT The proposed work includes the following: SCHEDULE 1: Base Bid: Cured-in-place-pipe (CIPP) lining of approximately 14 blocks of 8 sewer main, installing 4 new manholes, 3 manholes removed, 1 manhole modifications, along with approximately 7 spot main repairs, service reconnections, exploratory excavation, and clean and TV sewer main to locate services and check condition of main. Additive Alternate: Cured-in-place-pipe (CIPP) lining of approximately 2 blocks of 8 sewer main, installing 1 new manhole and 1 manhole removed. SCHEDULE II: Base Bid: Open trenching 420 feet of 8 sanitary sewer main and service reconnections. Additive Alternate: Installation of 2 new manholes. All Bids must be in accordance with the Contract Documents on file with the Chester Town Hall, 22 West Madison Avenue, Chester, MT 59522, (406) and at the office of Robert Peccia & Associates, 3147 Saddle Drive, Helena, Montana, (406) Digital project bidding documents are available at Robert Peccia & Associates web site ( 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 $50.00 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 nonrefundable deposit of $250.00, 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 prebid conference will be held at the Chester Town Hall, commencing at 1:30 pm, local time, Wednesday September 5, Those interested in bidding the project are encouraged to attend this meeting. Bids will be received on a price basis as described in the Contract Documents. Bid security in the amount of 10 percent of the total Bid must accompany each Bid. Within 10 calendar days after the Notice of Award, the successful Bidder will be required to furnish a Performance Bond and a Labor and Materials Payment Bond guaranteeing faithful performance and the INVITATION TO BID

12 payment of all bills and obligations arising from the performance of the contract. The bonds will each be equal to 100 percent of the contract amount. 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 60 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. Each bidder will be required to be registered with the State of Montana, Department of Labor and Industry prior to bidding this project. No Bid may be withdrawn within a period of 60 days after the date for opening bids. The Town of Chester reserves the right to reject all Bids, to waive informalities, and to reject nonconforming, irregular, non-responsive or conditional Bids. Town of Chester By: /s/ James Dahlen Mayor INVITATION TO BID

13 INSTRUCTIONS TO BIDDERS 1. BIDS a. All bids must be submitted on an official Bid Proposal form supplied by the Owner or 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) Bid Proposal, and (2) Bid Security, both of which are included in the Contract Documents. The Bid Proposal shall be enclosed in an envelope which shall be sealed and clearly addressed as follows: Mark lower left-hand corner of your envelope as follows: Addressed to: Robert Peccia & Associates 3147 Saddle Drive Helena, MT Project Name: Chester Wastewater Collection System Improvements Bid Date\Time: Contractor Name: Acknowledge Receipt of Addendum No(s): d. Bids will be written in ink and/or typewritten on bid forms furnished herewith. The blank spaces on the forms must be filled in correctly for each item, and the bidder must state the price (written both in words and 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 prices written in words 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. Any Bidder may modify his bid by faxed communication at any time prior to the scheduled closing time for receipt of bids. The communication should not reveal the bid price but should provide the addition or subtraction from the original proposal. Bid modifications must be verified by a signed document in writing, submitted by mail. This written confirmation is to be received within two working days following the bid INSTRUCTIONS TO BIDDERS Page 1

14 opening or no consideration will be given to the modification. Oral proposals or modifications will not be considered. Proposals carrying riders or qualifications may be rejected as irregular. h. Contract Documents may be viewed at the following locations: 2. BID SECURITY Robert Peccia & Associates, Inc. Town of Chester 3147 Saddle Drive 22 West Madison Avenue Helena, MT Chester, MT Phone: (406) Phone: (406) Online at MontanaBid.com 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 Town of Chester. 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 unsuccessful Bidders when the successful Bidder has signed the Agreement and furnished satisfactory Performance and Labor and Material Payment Bonds. 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 be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the INSTRUCTIONS TO BIDDERS Page 2

15 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 3

16 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 4

17 9. METHOD OF AWARD a. Bidders may bid either Schedule I or Schedule II separately or may bid both Schedules. The award of each Schedule will be made separately as described below: Schedule I: Award of the contract shall be to the lowest responsible Bidder whose Schedule I Base Bid is the lowest responsible bid for the work. Schedule II: Award of the contract shall be to the lowest responsible Bidder whose Schedule II Base Bid is the lowest responsible bid for the work. Additive Alternates bid(s) will be awarded based on the Owner s budget but will not be used as a basis for award. All Bidders are required to provide prices for Additive Alternates. Failing to do so will disqualify the Bidder s Base Bid from being considered. 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 ( 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 Section , Montana Code Annotated, 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 INSTRUCTIONS TO BIDDERS Page 5

18 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 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. INSTRUCTIONS TO BIDDERS Page 6

19 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, and Agreement 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 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 ( , Montana Code Annotated). b. On any state construction project funded by state or federal funds, except a project partially funded with federal aid money from the United States Department of Transportation or INSTRUCTIONS TO BIDDERS Page 7

20 when residency preference laws are specifically prohibited by federal law and to which the state is a signatory to the construction contract, each Contractor shall ensure that at least 50 percent of the Contractor s workers performing labor on the project are bona fide Montana residents, as defined in , ( , MCA). c. Montana Prevailing Wage Rates. The Montana Commissioner of Labor and Industry has established the standard prevailing rate of wages in accordance with and , Montana Code Annotated. 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. 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. Section , Montana Code Annotated, 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 Section , MCA. INSTRUCTIONS TO BIDDERS Page 8

21 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. 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. 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. 19. 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. 20. CONTRACT TIME The Contract Time will be as set forth in the Special Provisions. 21. LIQUIDATED DAMAGES Liquidated damages will be as set forth in the Special Provisions. 22. 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. 23. NOTICE OF ALTERNATIVE BILLING, APPROVAL, AND/OR PAYMENT CYCLE This section supersedes the section of the Special Provisions entitled Payments to Contractors, to allow for a payment billing, approval, and/or payment cycle that is longer than that provided by MCA INSTRUCTIONS TO BIDDERS Page 9

22 Notice of Alternate Billing Cycle No change to MCA This contract provides for a monthly billing cycle as discussed in the Special Provisions. Notice of Approval of Payment Request Provision This contract allows the Owner to approve the Contractor s payment request within 14 days after it is received by the Owner, instead of the twenty-one (21) days provided for in MCA Notice of Extended Payment Provision This contract allows the Owner to make payment within 21 calendar days after approval of the payment request, instead of the seven (7) days provided for in MCA STATE REVOLVING FUND REQUIREMENTS BIDDER S attention is directed to Section (Funding Agency Special Provisions for Montana Public Facility Projects) of these Contract Documents. The successful BIDDER shall comply with all applicable articles therein. 25. EQUAL EMPLOYMENT OPPORTUNITY BIDDER S attention is directed to ARTICLE [Equal Employment Opportunity and Affirmative Action Requirements] of Section 00900, 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. Bidders on this work will be required to comply with the President s Executive Orders No as amended, 11458, 11518, and DISADVANTAGE BUSINESS ENTERPRISES DBE solicitation requirements are located in ARTICLE [Guidance for Participation By Disadvantaged Business (DBE) Enterprises In United States Environmental Protection Agency Programs of 40 CFR 33] of Section An online DBE quote request form is available to BIDDERS at The BIDDER should fill out and submit the quote request form as early in the bidding period as possible to allow sufficient time for qualified DBE firms to respond. A DBE must be certified as such by a state or federal agency (e.g., the Small Business Administration, the Department of Transportation, or EPA) or by a state, local, or independent private organization, provided their criteria match those under section 8(a) (5) and (6) of the Small Business Act and Small Business Administration s 8(a) Business Development Program Regulations. Self-certification of DBEs is not allowed. Inadequate DBE solicitation efforts by the BIDDER may be grounds for the MDEQ State Revolving Fund program to withhold funds for the project and withhold authorization to award the construction contract. In accordance with Section Article 1.5.2, failure to submit evidence showing a good faith effort may cause the bid to be rejected as non-responsive. 27. DEBARMENT CERTIFICATION BIDDER S attention is directed to ARTICLE [Certification Regarding Debarment, Suspension and Other Responsibility Matters] of Section with respect to Certification Regarding Debarment. INSTRUCTIONS TO BIDDERS Page 10

23 Federal funding is being utilized on this project and the successful bidder must provide the debarment certification statement at the time of bid opening with the bid and other forms required. 28. COMPLIANCE WITH WAGE RATE REQUIREMENTS BIDDER S attention is directed to ARTICLE [Wage Determination] of Section with respect to wage rates. Under all Schedules of this Contract with the Owner, the Contractor and all subcontractors shall pay for all labor employed at no less than the minimum standard prevailing rate of wages for each classification, which shall be the higher of either the Montana Prevailing Wage Rates or the Federal Davis-Bacon Prevailing Wage Rates, as appended. 29. AMERICAN IRON AND STEEL (AIS) REQUIREMENTS BIDDER S attention is directed to ARTICLE [American Iron and Steel Requirements] of Section All of the iron and steel products used in the project must be produced in the United States. The term iron and steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, rebar, and construction materials. The iron and steel products permanently incorporated in the project must comply with the American Iron and Steel requirements of Section 436 of the Consolidated Appropriations Act of 2014 (P.L ) and as further interpreted by applicable EPA guidance (see INSTRUCTIONS TO BIDDERS Page 11

24 Intentionally Left Blank

25 SECTION II BIDDING DOCUMENTS

26 Intentionally Left Blank

27 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 1

28 Item No. BID PROPOSAL CHESTER WASTEWATER COLLECTION SYSTEM IMPROVEMENTS SCHEDULE I - BASE BID (CIPP) Estimated Unit Description Unit Price Total Price Quantity 1 1 LS Mobilization, Bonding, & Submittals (May not exceed 5% of Total Bid) $ $ (Unit Price Written in Words) 2 5,315 LF 8-inch CIPP Sewer Main $ $ (Unit Price Written in Words) 3 1,000 LF 8-inch Pre-Liner $ $ (Unit Price Written in Words) LF Clean / TV Inspect Sewer Main $ $ (Unit Price Written in Words) LF Main Spot Repair (20 minimum-see measurement and payment) $ $ (Unit Price Written in Words) LF 8-Inch Sewer Main $ $ (Unit Price Written in Words) 7 40 CY Flowable Fill $ $ BID PROPOSAL Page 2

29 BID PROPOSAL CHESTER WASTEWATER COLLECTION SYSTEM IMPROVEMENTS SCHEDULE I - BASE BID (CIPP) (Unit Price Written in Words) 8 4 EA 48-Inch Sanitary Sewer Manhole $ $ (Unit Price Written in Words) 9 1 EA Modify Manhole $ $ (Unit Price Written in Words) 10 3 EA Removal & Disposal of Manhole $ $ (Unit Price Written in Words) 11 5 HR Exploratory Excavation $ $ (Unit Price Written in Words) SY Pavement Removal and Replacement $ $ (Unit Price Written in Words) SY Gravel Removal and Replacement $ $ (Unit Price Written in Words) 14 1 LS Traffic Control $ $ (Unit Price Written in Words) BID PROPOSAL Page 3

30 BID PROPOSAL CHESTER WASTEWATER COLLECTION SYSTEM IMPROVEMENTS SCHEDULE I - BASE BID (CIPP) TOTAL SCHEDULE I-BASE BID: $ (Total Base Bid Written in Words) BID PROPOSAL Page 4

31 BID PROPOSAL CHESTER WASTEWATER COLLECTION SYSTEM IMPROVEMENTS SCHEDULE 1 ADDITIVE ALTERNATIVE 1 (MH 43-1 TO MH 48-1) Item Estimated Unit Description Unit Price Total Price No. Quantity 1 1 LS Mobilization, Bonding, & Submittals (May not exceed 5% of Total Bid) $ $ (Unit Price Written in Words) LF 8-Inch CIPP Lining $ $ (Unit Price Written in Words) LF 8-inch Pre-Liner $ $ (Unit Price Written in Words) 4 1 EA 48-Inch Sanitary Sewer Manhole $ $ (Unit Price Written in Words) 5 1 EA Removal & Disposal of Manhole $ $ (Unit Price Written in Words) BID PROPOSAL Page 5

32 BID PROPOSAL CHESTER WASTEWATER COLLECTION SYSTEM IMPROVEMENTS SCHEDULE 1 ADDITIVE ALTERNATIVE 1 (MH 43-1 TO MH 48-1) TOTAL SCHEDULE I-ADDITIVE ALTERNATE 1: $ (Total Additive Alternate Bid Written in Words) BID PROPOSAL Page 6

33 BID PROPOSAL CHESTER WASTEWATER COLLECTION SYSTEM IMPROVEMENTS SCHEDULE 2 - BASE BID (OPEN-DIG) Item Estimated Unit Description Unit Price Total Price No. Quantity 1 1 LS Mobilization, Bonding, & Submittals (May not exceed 5% of Total Bid) $ $ (Unit Price Written in Words) LF 8-Inch Sewer Main $ $ (Unit Price Written in Words) 3 6 EA Sanitary Sewer Service Connection $ $ (Unit Price Written in Words) SY Gravel Removal and Replacement $ $ (Unit Price Written in Words) 5 2 EA Trench Plug $ $ (Unit Price Written in Words) 6 13 CY Concrete Encasement $ $ (Unit Price Written in Words) BID PROPOSAL Page 7

34 BID PROPOSAL CHESTER WASTEWATER COLLECTION SYSTEM IMPROVEMENTS SCHEDULE 2 - BASE BID (OPEN-DIG) Item Estimated Unit Description Unit Price Total Price No. Quantity 7 1 LS Traffic Control $ $ (Unit Price Written in Words) TOTAL SCHEDULE II-BASE BID: $ (Total Additive Alternate Bid Written in Words) BID PROPOSAL Page 8

35 BID PROPOSAL CHESTER WASTEWATER COLLECTION SYSTEM IMPROVEMENTS SCHEDULE 2 ADDITIVE ALTERNATE 1 (MH 46-2 AND MH 47-2) Item Estimated Unit Description Unit Price Total Price No. Quantity 1 1 LS Mobilization, Bonding, & Submittals (May not exceed 5% of Total Bid) $ $ (Unit Price Written in Words) 2 2 EA 48-Inch Sanitary Sewer Manhole $ $ (Unit Price Written in Words) TOTAL SCHEDULE II-ADDITIVE ALTERNATE 1: $ (Total Additive Alternate Bid Written in Words) BID PROPOSAL Page 9

36 Intentionally Left Blank

37 PENAL SUM FORM BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name, and Address of Principal Place of Business): 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: Signature By: Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Signature Attest: 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. EJCDC C-430, Bid Bond (Penal Sum Form). Published Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2

38 PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of 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. EJCDC C-430, Bid Bond (Penal Sum Form). Published Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2

39 SECTION III GENERAL CONDITIONS

40 Intentionally Left Blank

41 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 The Supplementary Conditions to the General Conditions as found in the Montana Public Works Standard Specifications, Sixth Edition, April The following RPA Supplementary Conditions are modifications to Montana Public Works and Engineers Joint Contract Documents Committee Standard General Conditions of the Construction Contract:

42 Intentionally Left Blank

43 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. General Equipment Stipulations 16. Blasting 17. Contract Document Discrepancies 18. Project Closeout 19. System Commissioning and 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 1

44 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. RPA SUPPLEMENTARY CONDITIONS Page 2 a. State Statutory b. Applicable Federal (e.g. Longshoremans) Statutory c. Employer s Liability $1,000, 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 (or 12 04, or 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, The deductible, if any, may not exceed $5, 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

45 6. NO additional exclusions that modify the standard ISO Commercial General Liability policy form CG (or 12 04, or 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 (or) Property Damage: Each Accident $2,000,000 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, The deductible, if any, may not exceed $5, 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, The deductible, if any, may not exceed $5, 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 3

46 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, b. Each Occurrence $1,000, (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 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 Owner and Landowners - [See Special Provisions] Engineer Robert Peccia and Associates Engineers' Consultants [See Special Provisions] FORM use Additional Insured Endorsements; CG or combination of CG & CG or CG & CG Montana only or subsequent editions; Additional insured must include On-going Operations as well as Completed Operations. use Additional Insured Endorsement; CG use Additional Insured Endorsement; CG RPA SUPPLEMENTARY CONDITIONS Page 4

47 b. With respect to the Owner s and Contractor s Protective Policy (OCP) insurance required by paragraph SC-5.04.C.5, include the following as additional insureds. Use the following Additional Insured Endorsement: ENTITY Engineer Robert Peccia and Associates Engineers' Consultants [list by name] FORM use Additional Insured Endorsement; CG use Additional Insured Endorsement; CG 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 5

48 2. BONDING 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. 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 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 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 6

49 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 manufacturers, 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 monthly 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 and/or County ordinances and regulations. RPA SUPPLEMENTARY CONDITIONS Page 7

50 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 8

51 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. Five (5) copies 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 9

52 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 resubmission 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 recording the constructed characteristics of all aspects of the work. Record drawings shall be of sufficient 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 10

53 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 11

54 3) Mileage: $0.59/mi.; $0.54/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 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 conformance 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 12

55 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 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 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 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 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, sodding, and/or fertilizing and seeding. 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 Fences. All fences 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 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 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 13

56 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 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 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, flagpersons, 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 14

57 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. GENERAL EQUIPMENT STIPULATIONS 15.1 General. All equipment furnished and installed under this contract shall conform to the general stipulations set forth in this section except as otherwise specified in other sections Coordination. Contractor shall coordinate all details of the equipment with other related parts of the Work, including verification that all structures, piping, wiring, and equipment components are compatible. Contractor shall be responsible for all structural and other alterations in the Work required to accommodate equipment differing in dimensions or other characteristics from that contemplated in the Contract Drawings or Specifications Manufacturer's Experience. Unless specifically named in the Specifications, a manufacturer shall have furnished equipment of the type and size specified which has been in successful operation for not less than the past five years Workmanship and Materials. A. Supplier shall guarantee all equipment against faulty or inadequate design, improper assembly or erection, defective workmanship or materials, and leakage, breakage or other failure. Materials shall be suitable for service conditions. B. All equipment shall be designed, fabricated, and assembled in accordance with recognized and acceptable Engineering and shop practice. Individual parts shall be manufactured to standard sizes and gauges so that repair parts, furnished at any time, can be installed in the field. Like parts of duplicate units shall be interchangeable. Equipment shall not have been in service at any time prior to delivery, except as required by tests. C. Except where otherwise specified, structural and miscellaneous fabricated steel used in equipment shall conform to AISC standards. All structural members shall be designed for shock or vibratory loads. Unless otherwise specified, all steel which will be submerged, all or in part, during normal operation of the equipment shall be at least 1/4- inch thick. RPA SUPPLEMENTARY CONDITIONS Page 15

58 15.5 Value Engineering. Manufacturer may submit for review and approval proposed modifications to the design, materials or arrangements specified. Request shall clearly state the advantages, cost savings or other reasons for the proposed change. Acceptance of any proposed changes will be the sole discretion of the Engineer as proscribed under the "or equal" and "substitute item" clauses of the General Conditions Seismic Loading Design Provisions. Machinery, equipment, and components such as tanks, piping, and electrical panels, including their supports and anchorages, designed by manufacturers or suppliers, shall be designed in accordance with the provisions of the latest edition of the Uniform Building Code to withstand seismic loads for the Seismic Zone appropriate for the project location in addition to other loads. Design shall be performed by a licensed Professional Engineer familiar with seismic design. Submittals shall be certified, by the Design Engineer, that equipment designs conform to all applicable Uniform Building Code requirements including provisions to withstand seismic loads Single Source. Like items of equipment shall be the end product of one manufacturer in order to achieve standardization Manufacturer's Representative. A. Where specified, manufacturer shall provide a Manufacturer's Representative as required to assist in the installation, adjustment, startup, certification and operational training. B. Manufacturer's Representative shall be an employee of manufacturer who is factory trained and knowledgeable in the technical aspects of the products and systems. C. When the services of the representative are specifically required for a listed time period, the days shall represent eight (8) hours straight time exclusive of Saturdays, Sundays and holidays. Travel time is considered incidental to the work and will not apply to the required listed time. D. If listed time is not required, or is modified, an appropriate adjustment in payment shall be made. E. If the provided Manufacturer's Representative is found deficient in training or experience by the Owner or Engineer, the manufacturer shall furnish another acceptable representative Certification of Compliance. A. Where specified, furnish certification of compliance for products specified to a recognized standard or code prior to the use of such products in the work. 1) Engineer may permit use of certain materials or assemblies prior to sampling and testing if accompanied by a certification of compliance. 2) Certifications shall be signed by the manufacturer of the product; state that the components involved comply in all respects with the requirements of the Specifications. RPA SUPPLEMENTARY CONDITIONS Page 16

59 3) Furnish certification of compliance with each lot delivered to the job site and clearly identify the lot so certified. B. Products used on the basis of a certification of compliance may be sampled and tested at any time. The fact that a product is used on the basis of a certification of compliance shall not relieve Contractor of responsibility for incorporating products in the work which conforms to requirements of the Contract Documents. Products not conforming to such requirements will be subject to rejection whether in place or not. C. Engineer reserves the right to refuse permission for use of products on the basis of a certification of compliance Manufacturer's Certification of Proper Installation. Where manufacturer's certification is required in the Specifications, the manufacturer shall provide certification stating the following: A. The product or system has been installed in accordance with the manufacturer's recommendations. B. The product or system has been inspected by a manufacturer's authorized representative. C. The product or system has been serviced with the proper lubricants. D. Applicable safety equipment has been properly installed. E. Proper electrical and mechanical connections have been made. F. Proper adjustments have been made and the product or system is ready for functional testing, plant startup, and operation Functional Test Certification. Where a certification of functional testing is specified for certain equipment, Contractor (as applicable to the equipment furnished) shall state in writing that: A. Necessary hydraulic structures, pumps, valves, etc. have been successfully tested. B. Necessary equipment systems and subsystems have been checked for proper installation, started, and successfully tested to indicate they are operational. C. Adjustments and calibrations have been made. D. The systems and subsystems are capable of performing their intended functions. E. The facilities are ready for performance testing, or for startup and intended operation, as applicable Performance Test Reports. Prepare and submit performance test reports where specified for equipment systems Accessories. All equipment shall be provided with the following accessories as applicable. RPA SUPPLEMENTARY CONDITIONS Page 17

60 A. Safety Guards: All belt or chain drives, fan blades, couplings, and other moving or rotating parts shall be covered on all sides by a safety guard in complete accordance with the requirements of OSHA. Safety guards shall be fabricated from 16 USS gauge or heavier galvanized or aluminum-clad sheet steel or ½-inch mesh galvanized expanded metal. Each guard shall be designed for easy installation and removal. All necessary supports and accessories shall be provided for each guard. Supports and accessories, including bolts, shall be galvanized. All safety guards in outdoor locations shall be designed to prevent the entrance of rain and dripping water. B. Anchor Bolts: Equipment manufacturers shall provide anchor bolt size, location and loads, including seismic loading. Anchor bolts will be provided by others, unless noted to be supplied by the equipment manufacturer in the Equipment Specifications. C. Lifting Lugs: Equipment weighing over 100 pounds shall be provided with lifting lugs. D. Identification Plates: A 16-gauge stainless steel piece of equipment identification plate shall be securely mounted on each in a readily visible location. The plate shall bear the 1/4-inch die-stamped equipment identification number indicated in this Specification and/or shown on the Drawings. E. Special Tools: Equipment requiring periodic repair and adjustment shall be furnished complete with all special tools, instruments, and accessories required for proper maintenance. Equipment requiring special devices for lifting or handling shall be furnished complete with those devices. F. Spare Parts: Lubrication. 1) Furnish all spare parts specified or purchased prior to requesting the issuance of a Certificate of Completion and/or operation of the equipment by the Owner. 2) Spare parts and special tools shall be properly packaged to avoid damage, in their original cartons insofar as possible, and shall be stored in a location as determined by the Engineer. Any spare parts found to be damaged or otherwise inoperable at the time of delivery shall be replaced or, if approved by the Engineer, satisfactorily repaired. 3) Spare parts and special tools shall be labeled with a minimum 3-inch by 6-inch manila spare parts tag with such information as the part description, the manufacturer's part number, the applicable equipment description and manufacturer, the quantity of parts delivered in each package, the applicable specification section, and the Contractor's and Project's name. This tag shall be firmly affixed to, and prominently displayed on the outside of each package. A. Equipment shall be adequately lubricated by systems which require attention no more frequently than weekly during continuous operation. Lubrication systems shall not require attention during startup or shutdown and shall not waste lubricants. RPA SUPPLEMENTARY CONDITIONS Page 18

61 B. Lubricants of the type recommended by the equipment manufacturer shall be provided in sufficient quantity to fill all lubricant reservoirs and to replace all consumption during testing, startup, and operation prior to acceptance of equipment by Owner. Unless otherwise specified or permitted, the use of synthetic lubricants will not be acceptable. C. Lubrication facilities shall be convenient and accessible. Oil drains and fill openings shall be easily accessible from the normal operating area or platform. Drains shall allow for convenient collection of waste oil in containers from the normal operating area or platform without removing the unit from its normal installed position. 16. BLASTING If explosives are necessary for excavation purposes, the Contractor must comply with all local, state and federal regulations governing the use of explosives and shall be responsible for obtaining any necessary blasting permits. The Contractor's use, transportation, handling, and storage of explosives for construction blasting shall be under the supervision and direction of a construction blaster licensed by the Montana Division of Workers' Compensation. A copy of the blasting license and the blaster's experience shall be submitted to the Engineer before any explosives are brought to the project area. It will be the blaster's responsibility to design and initiate blasting. The Contractor is responsible for ensuring compliance with all laws and regulations concerning explosives. The Contractor shall submit a copy of the blasting plan to the Engineer. This plan is for record and construction purposes and shall not relieve the Contractor from using proper blasting procedures. The plan shall include, at a minimum, the following items: Methods and equipment for transporting explosives and detonators. Type and location of storage facilities. Type and quantity of explosives. Primer assembly procedure and location. Employee training programs. Provisions for protecting persons, structures, private, and public property. Provisions for developing and distributing a daily blasting schedule. Provisions for disposal of explosives, blasting agents, and associated materials. Hours of proposed blasting. Additionally, the Contractor shall be bound by and adhere to the blasting requirements included in Section 204 in the 2014 Edition of the Montana Department of Transportation Standard Specifications for Road and Bridge Construction, and all supplements thereto. Following blasting, the Contractor shall, at no additional cost to the Owner, regrade any surface damage or subsidence and repair any other damage that may have occurred due to the blasting including damage claimed by outside parties. The Contractor shall be required to obtain insurance required for the use of RPA SUPPLEMENTARY CONDITIONS Page 19

62 explosives and shall not commence work until such insurance has been submitted and approved by the Owner and the Engineer. The Contractor shall also submit written confirmation that all landowners and any other potentially-affected parties have been notified of the proposed blasting. No additional payment will be allowed for blasting or repair of any resultant damage. The Contractor assumes complete and absolute liability for any damage or injury caused by blasting, including any repairs needed or compensation awarded. The Contractor also agrees to hold harmless the Owner, the Engineer, and the landowner from any claims resulting from his blasting operations. 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 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. 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 Following the inspection, the Engineer prepares and signs a Certificate of Substantial Completion 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 Prior to final payment including release of retainage, the Contractor must furnish these items to the Engineer: RPA SUPPLEMENTARY CONDITIONS Page 20

63 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. SYSTEM COMMISSIONING AND CLEANUP 19.1 Scope. This section covers the final preparations required to place the various components into operation 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. Nicks, scratches, voids, holidays, and other imperfections in painted surfaces shall be touch-up painted with matching paint; C. Chips, voids, cracks, and other imperfections in exposed concrete shall be repaired with methods and materials approved by the Engineer; D. Threaded fasteners shall be checked for tightness; E. Doors, windows, hatches, and other mating surfaces shall be adjusted to fit square in their respective framework; F. Driveways and parking areas shall be fine-graded; and G. Landscaping shall be fine-graded and re-established where necessary System Demonstrations. RPA SUPPLEMENTARY CONDITIONS Page 21

64 A. The Contractor and his major manufacturers shall demonstrate the operation of each and every piece of equipment to the Engineer, Owner, and the Owner's operator. The Contractor shall demonstrate all maintenance requirements and reference the requirements of the Operations and Maintenance Manual for each piece of equipment. B. A plan for system start-up shall be submitted to the Engineer for approval, before the start-up will be allowed 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. RPA SUPPLEMENTARY CONDITIONS Page 22

65 SECTION IV SPECIAL PROVISIONS

66 Intentionally Left Blank

67 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. Permitting 27. Spoils Disposal 28. Sanitary Sewer Service Connection 29. Shoring 30. Project Sign 31. City Water 32. Exploratory Excavation 33. Sewer Main Cleaning & TV Inspection 34. Bypass Pumping / Maintenance of Pipe Flow 35. Asbestos Cement Pipe 36. Soils Information and Cottonwood Creek Crossing 37. Measurement and Payment SPECIAL PROVISIONS Page 1

68 1. PROJECT DESCRIPTION SCHEDULE 1: Base Bid: Cured-in-place-pipe (CIPP) lining of approximately 14 blocks of 8 sewer main, installing 4 new manholes, 3 manholes removed, 1 manhole modifications, along with approximately 7 spot main repairs, service reconnections, exploratory excavation, and clean and TV sewer main to locate services and check condition of main. Additive Alternate: Cured-in-place-pipe (CIPP) lining of approximately 2 blocks of 8 sewer main, installing 1 new manhole and 1 manhole removed. SCHEDULE II: Base Bid: Open trenching 420 feet of 8 sanitary sewer main and service reconnections. Additive Alternate: Installation of 2 new manholes. 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 on site. See Invitation To Bid in these Contract Documents for time and location. 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 Town of Chester. Owner: Town of Chester 22 West Madison Avenue Chester, MT James Dahlen, Mayor Telephone: (406) 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: SPECIAL PROVISIONS Page 2 Robert Peccia & Associates 825 Custer Avenue, P.O. Box 5653 Helena, MT Contact Person: Gary Swanson, P.E. Telephone: (406)

69 4. CONTRACT TIME AND LIQUIDATED DAMAGES 4.1 Contract Time: Contract time for the entire project is 60 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. 5. CERTIFICATES OF INSURANCE 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 $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. 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: SPECIAL PROVISIONS Page 3

70 OWNER: ENGINEER: Town of Chester Robert Peccia and Associates 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 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. SPECIAL PROVISIONS Page 4

71 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 as amended on October 1, 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 four (4) copies 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 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 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. SPECIAL PROVISIONS Page 5

72 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 20 feet, when measured from the centerline of the new pipe, or to the adjacent property line, whichever is less. Disturbance and equipment access beyond this limit is not allowed without the written approval of both the Engineer and the owner of the affected 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 construction, 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. SPECIAL PROVISIONS Page 6 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 a Resident

73 Project Representative (RPR) 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 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. 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 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 of the General Conditions except, however, that a 10-day notice of termination 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 Contractor'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 inspection, 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. SPECIAL PROVISIONS Page 7

74 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 Testing and Inspection Services Provided by the Contractor. The Contractor shall provide the following services: SPECIAL PROVISIONS Page 8 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 and bacteria testing. 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 backfill and bedding material encountered or supplied. d. The Contractor shall arrange for and pay for an independent laboratory to take and break concrete test cylinders, slump, and air testing as called out in the Technical Specifications. e. 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. f. 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. g. Maintenance of project record drawings. h. The Contractor shall arrange for and pay for all tests required not specifically identified below as being performed by the Engineer.

75 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 Engineer will spot check compaction of backfill and base course using Proctor information supplied by the Contractor. These tests are only to determine the effort required to obtain the specified compaction. It is the responsibility of the Contractor to insure that this level of compaction is constant in all locations. 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. Utility Mains: All utility mains shall be staked with offset hubs every 50 feet with cut/fill and station information clearly identified. In addition, all services, laterals, valves, hydrants, curb stops, manholes, drain inlets, area drains and caps (for both services and mains) shall be staked with offset hubs with cut/fill and station information clearly identified. SPECIAL PROVISIONS Page 9

76 b. Building Elements: All embanked surfaces (native onsite and imported gravel materials) shall be staked (with blue tops) at the building corners. Adequate staking shall be set to construct a square building. c. Roadway, Parking and Sidewalk Elements: All subgrade surfaces shall be staked (with blue tops) every 50 feet longitudinally. All base/subbase course gravel surfaces shall be staked (with blue tops) every 25 feet longitudinally. All curb and gutter shall be staked every 25 feet. When in cut or fill sections, exceeding 2 feet in depth from existing at centerline, slope staking shall be provided every 25 feet longitudinally. The Contractor will field verify the vertical elevation of all system manholes. The Contractor will not order manholes until the field verification of rim elevations and also exploratory excavations where specified, are complete and furnished to the Engineer for verification. Contractor shall be aware of property pins. 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 SPECIAL PROVISIONS Page 10

77 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 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. * 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 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 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 construction. Any charges by the utility for removing, relocation or temporarily supporting the utility shall be paid for by the Contractor 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 Contractor'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 Specifications 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 Contractor's expense. All work shall be in accordance with the utility owner's directions, or by SPECIAL PROVISIONS Page 11

78 methods recognized as being the standard of the industry when directions are not given by the owner of the utility 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 damaged utility or property stating that it has been repaired to the utility owner's full satisfaction 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. Unless otherwise 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 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 completion of the work 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 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. SPECIAL PROVISIONS Page 12

79 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 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 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 Survey Markers and Monuments. The Contractor shall use every care and precaution 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 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 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. SPECIAL PROVISIONS Page 13

80 * 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. * The Contractor shall replace at his own expense all barriers damaged or destroyed 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 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. SPECIAL PROVISIONS Page 14

81 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. * 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 workers. 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 SPECIAL PROVISIONS Page 15

82 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 shall furnish the Record Set to the Engineer following the Final Inspection of the Project 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: SPECIAL PROVISIONS Page 16 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 (e)(3) for routine and non-routine site employees on a hazardous waste site. Contractor shall be required to

83 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 asphalt street surface. The material shall not be mixed with noncontaminated 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 done as incidental Work and no separate payment shall be made. 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. PERMITTING The Contractor is responsible for acquiring all permits necessary for construction of the Project. The list of permits below includes some of the permits required but may not be all inclusive. * All permits required for dewatering of the sites * All permits required for storm water discharge / erosion control * All permits required for work at Cottonwood Creek The Town has applied for an FWP SPA 124 Permit and COE 404 Permit for the work of this project. Copies of the permits are available upon request. 27. SPOILS DISPOSAL Contractor is required to dispose of all excess fill materials at an approved disposal area. 28. SANITARY SEWER SERVICE CONNECTIONS The Contractor is responsible for locating and reconnecting all existing sewer services encountered or connected to abandoned mains unless specifically instructed otherwise by the engineer. The contractor will not be required to reconnect any of the capped sewer services encountered. Contractor shall be responsible for removal and replacement of a maximum 15 feet of the sanitary sewer service. The Contractor must receive prior written approval from the SPECIAL PROVISIONS Page 17

84 Engineer before removal and replacement of any portion of the sewer service that exceeds 10 linear feet. The Contractor will not be compensated for work done without approval from the Engineer. The Contractor is required to report to the Engineer any services that they encounter during the initial TV inspection that are damaged, leaking, or any services that have visible root intrusion. The Contractor shall provide the Engineer these service locations as measurements from an existing manhole. Any sanitary sewer services needed to be reconnected during manhole removal and installation, or spot repairs for lining work will be paid for separately as outlined in the Measurement and Payment section of these Special Provisions. Sewer services shown on the plans are approximate in number and location. The Contractor is required to verify all service locations prior to lining, main & manhole replacement. The number of sewer service connections indicate on the plans was estimated based on a visual survey of the area and from prior TV reports. The contractor is ultimately responsible for reconnecting all sewer services encountered along the main alignment. 29. SHORING The Contractor is responsible for providing all shoring or sheet piling during construction. Some of the underground utilities are located next to existing structures, flag pole, and shoring is anticipated. It is the Contractor's responsibility to provide adequate shoring to ensure that construction does not enter on to adjacent private properties and that the structural integrity of existing buildings or structures near the construction is maintained. In lieu of shoring, the Contractor may negotiate the infringement onto these properties with the appropriate owners, however, these negotiations will not be included as part of this project or contract. 30. PROJECT SIGN The project sign shall conform to the requirements included in the Agency Special Provisions. 31. CITY WATER The Town of Chester will allow the Contractor to use potable water out of fire hydrants in the City. Contact the Public Works Director, John Kleinsasser, (406) , to find which hydrants can be used. 32. EXPLORATORY EXCAVATION Exploratory excavation will only be approved once cleaning and TV inspection has failed to show the location of existing services, or the location of existing utilities can only be determined by exploratory excavation. The engineer will need to verify exploratory excavation locations in advance and be present during work. Required personnel and equipment include one excavator or backhoe, one operator, and one laborer with shovel to locate utility. Time for exploratory SPECIAL PROVISIONS Page 18

85 excavation only includes when equipment or personnel is digging and up until the utility has been located. 33. SEWER MAIN CLEANING & TV INSPECTION The Contractor will be required to clean and TV (closed circuit TV) inspect all mains being lined, open dug, pipe burst, or having manholes installed or removed prior to any other work being performed. This information will be used to locate all services, spot repair locations, and main lengths in order to adjust planned quantities. The Contractor will need to make sure all debris washed out of a main is collected, removed from the system and properly disposed of. 34. BYPASS PUMPING / MAINTENANCE OF FLOWS 1. Wastewater handling capabilities for all lining and open dig work must remain fully operable during construction. Existing piping to be replaced will need to remain operational during construction. This shall be accomplished by retaining the existing piping in service while installing new structures and piping and then converting to new piping when tested by the Engineer and be ready for service. 2. Flow Maintenance Plan A detailed Flow Maintenance Plan for the project shall be prepared and submitted by the Contractor in conjunction with his/her Construction Schedule submittal. The Contractor is encouraged to schedule flow interruption and flow bypass events during low flow sewer use times consult with Owner for timing of such occurrences and indicate proposed time periods in Plan. The Plan shall indicate the following: a) Step-by-step sequence of work, including dates and times. b) Proposed schedule, dates/times, methods, and (as applicable) estimated duration of pipeline flow interruptions for: i) Utility locates and exploratory excavations needed; ii) Layout and assembly of all temporary bypass lines for lining and open dig work (excluding connections); (1) Duration, methods, and materials for plugging outlet of existing manholes to allow bypass pumping of sewage flow; (2) Duration, methods, materials, equipment, capacities, backup provisions, and personnel for short-term bypass pumping of wastewater; (3) Duration, methods, piping materials, pumping equipment, capacities, backup provision, and personnel for collecting and pumping creek water around worksite for installation of mains and services; SPECIAL PROVISIONS Page 19

86 SPECIAL PROVISIONS Page 20 c) Power sources and capacities for line electrical power, generator power, or gas engine-driven equipment to be used for bypass pumping. d) Flow and head capacities of portable pumps proposed for bypass pumping. e) Contingency plan in case of failure of proposed sequence and/or methods. f) The names and day/night phone numbers of at least two Contractor contact persons to be available during nighttime or weekend emergencies involving construction flow maintenance. The Plan will be reviewed by the Engineer as they require. Changes required by these individuals shall be incorporated into the Contractor's Plans before they will be approved. 3. Bypass Pumping Materials and Equipment Deliveries Before any interruption of existing wastewater flows or removal of any existing piping or manholes, the Contractor shall demonstrate that all necessary equipment, materials, and personnel are available and on site. The Contractor shall procure his/her bypass pumping and flow maintenance equipment after Flow Maintenance Plan approval and procure any required new permanent materials or equipment after Submittal approval. Delivery of materials and equipment shall be coordinated to meet the schedule indicated in the Flow Maintenance Plan and in the Construction Schedule. 35. ASBESTOS-CEMENT PIPE It is possible that the Contractor will encounter asbestos-cement pipe at the lagoon site. Asbestos cement pipe, if at least 18" below grade (existing), and will not be disturbed during the required earth work the pipe may remain undisturbed, and does not need to be removed during demolition. However, all asbestos cement pipe, exposed, disturbed, or within 18" inches of the soil surface must be removed in accordance with this specification. Asbestos pipe is considered non-friable and is regulated as a category 2 asbestos material. Category 2 asbestos is considered to be relatively harmless and falls into a much less stringent regulatory category than friable asbestos. However, if asbestos pipe is cut, ground or abraded it is no longer considered category 2 and the more stringent handling requirements apply. To avoid cutting the pipe, it is recommended that the contractor remove complete sticks of pipe. 36. SOILS INFORMATION AND COTTONWOOD CREEK CROSSING No geotechnical investigation was completed for this project. Bidders are encouraged to visit the project site to inform themselves of the existing soil and groundwater conditions. It is likely that clay soils and silty clay soils will be encountered in excavations and groundwater may be encountered, requiring dewatering. The Town dug a test pit near the bottom of the Cottonwood Creek crossing on July 30, Groundwater was encountered approximately 4 feet below the bottom of the dry creek bed. Soils in the test pit appear to have a high clay content. Bidders

87 should be aware that most of the year Cottonwood Creek is dry but significant flows can occur during spring runoff and during significant precipitation events. Bidders should be aware that groundwater elevations can fluctuate significantly, especially near Cottonwood Creek and other surface drainages. 37. MEASUREMENT & PAYMENT 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. 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 obligation of the Contractor and all costs in connection therewith shall be included in the prices bid. 3. Retainage. Retainage in the amount of 5% will be withheld from each progress payment. 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. 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. SPECIAL PROVISIONS Page 21

88 6. 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. 7. Basis of Payment. A. Mobilization, Bonding & 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 will be allowed once the Contractor is fully mobilized, all submittals are received, and bond and insurance certificates have been submitted and approved; thereon 100% payment will be allowed. This bid item may not exceed five percent (5%) of the total base bid. A. CIPP Sewer Main * General. This bid item shall include the installation of cured-in-place pipe (CIPP) into the existing sewer mains for each size shown in the Bid Proposal. * Work Included. All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; All business and residential notification of service interruption; All bypass pumping and equipment required; All safety equipment required by OSHA to enter manholes; SPECIAL PROVISIONS Page 22

89 Provide all MDT approved traffic control plans, approval, traffic control devices, markers, flagging, materials, personnel, labor required for agency approval; All sewer cleaning and removing of mineral deposits, roots, protruding taps, and debris required; Hauling City water from fire hydrants to lining locations for cleaning; Preventing debris from being washed down mains below and removal of debris from manholes; All closed-circuit television (CCTV) inspection of sewers to be lined, including a detail of number and location of services; Installation of liner; Service cuts, brushing smooth, and the reinstatement of any sewer service connections encountered; Final CCTV inspection, including a detail of number and location of services; Grouting inside manhole to create a water tight seal and smooth flow channel; Testing required in the Technical Specifications; and Site cleanup and demobilization. * Measurement. Measurement shall be by linear foot for each size of liner installed. Measurement shall be made from center of manhole to center of manhole along a line parallel to the pipe invert. * Payment. Payment shall be made at the contract unit price bid per linear foot of each size of cured-in-place pipe installed and approved. Payment for the CIPP will be made only after all work in this section is complete including all required testing. B. Pre-Liner for Sewer Main * General. This bid item shall include the installation of pre-liner for the curedin-place pipe (CIPP) into the existing sewer mains for each size shown in the Bid Proposal. This item will only be used after cleaning and TV inspection of the main and with engineering approval. * Work Included. All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; All business and residential notification of service interruption; All bypass pumping and equipment required; All safety equipment required by OSHA to enter manholes; Provide all MDT approved traffic control plans, approval, traffic control devices, markers, flagging, materials, personnel, labor required for agency approval; All sewer cleaning and removing of mineral deposits, roots, protruding taps, and debris required; SPECIAL PROVISIONS Page 23

90 SPECIAL PROVISIONS Page 24 Hauling City water from fire hydrants to lining locations for cleaning; Preventing debris from being washed down mains below and removal of debris from manholes; All closed-circuit television (CCTV) inspection of sewers to be lined, including a detail of number and location of services; Installation of pre-liner; Service cuts, brushing smooth, and the reinstatement of any sewer service connections encountered; Final CCTV inspection, including a detail of number and location of services; Grouting inside manhole to create a water tight seal and smooth flow channel; Testing required in the Technical Specifications; and Site cleanup and demobilization. * Measurement. Measurement shall be by linear foot for each size of pre-liner installed. Measurement shall be made from center of manhole to center of manhole along a line parallel to the pipe invert. * Payment. Payment shall be made at the contract unit price bid per linear foot of each size of pre-liner installed and approved. Payment for the pre-liner will be made only after all work in this section is complete including all required testing. C. Clean / TV Inspect Sewer Main * General. This bid item shall include the cleaning and TV inspection of existing sewer mains that are not being lined, replaced, abandoned, have spot repairs or have manhole changes. * Work Included. All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; Notification of homeowners of construction and access changes; All business and residential notification of service interruption; All bypass pumping and equipment required; All safety equipment required by OSHA to enter manholes; Provide all traffic control plans, approval, traffic control devices, markers, flagging, materials, personnel, labor required for agency approval; All sewer cleaning and removing of mineral deposits, roots, protruding taps, and debris required; Hauling City water from fire hydrants to lining locations; Preventing debris from being washed down mains below and removal of debris from manhole; All closed-circuit television (CCTV) inspection of sewers including a detail of number and location of services; and

91 Site cleanup and demobilization. * Measurement. Measurement shall be by linear foot for main cleaned and inspected. Measurement shall be made from center of manhole to center of manhole along a line parallel to the pipe invert. * Payment. Payment shall be made at the contract unit price bid per linear foot of main cleaned, inspected and approved. Payment for the cleaning and TV inspection will be made only after all work in this section is complete. D. Main Spot Repair * General. This bid item shall include the excavation and replacement of a minimum of 20 LF of sanitary sewer main 8-inch in diameter. These locations will be determined by the Owner and Engineer after the contractor cleans and TV inspects the mains and used to fix areas that are unsuitable for lining. Surface restoration of gravel and grass areas, asphalt and concrete replacement will be paid for at the unit price for described areas. * Work Included. All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work a specified; Provide all traffic control plans, approval, traffic control devices, markers, flagging, materials, personnel, labor required for agency approval; Provide all equipment, tools and materials for conducting all testing, and repairs required; Notification of homeowners of construction and access changes; Provide all utility locates, surveys, intermediate stakes and grade and alignment control necessary; Provide support for utility poles, flag poles, mail boxes, guy wires, and pipes as required to facilitate installation of pipe; Utility crossings and utility relocates; Provide sediment control and dust control measures as necessary; Any permits required; All cleaning and closed-circuit television (CCTV) inspection of sewers to be lined, including a detail of number and location of services, and inspection to make sure couplers and services were installed correctly; Connecting all services from existing mains to the new main including fittings, saddles, and service pipe needed; Trench excavation and native backfill, including clearing and grubbing, topsoil stripping and replacement, trench support by shoring; Any exploratory excavation, repair work, or slowdown in progress to locate existing water lines, services, sewers, storm drains, or any other utility or unknown items; Removal and replacement of barriers, such as fences, along the trench alignment; SPECIAL PROVISIONS Page 25

92 Utility relocations as required to facilitate pipe installation or as indicated on the plans; Furnish and install all main line pipe, including couplings, transition fittings for different pipe types, lubricants, gaskets and appurtenances not included in other bid items; Provide and install rigid foam insulation where required; Furnish and install all Type 1 bedding; Furnish and install all Type 2 bedding if required; Resetting of disturbed manhole frames and grates; Fine grading of trenching outside the curb lines; Furnish and install all gravel to return site back to existing condition or better; Removal and disposal of all pavement, concrete, fabric, and gravel; Saw cutting asphalt and concrete to a neat line; Removal and disposal of any curb and gutter, sidewalk, lay downs, and valley gutters; Topsoil removal and replacement; Any by-pass pumping, dewatering, or stream work required for installation; Remove and dispose of any excess material generated by trenching operations; Provide all equipment, tools and materials for conducting all repairs required; Any by-pass pumping, dewatering, or stream work required for installation; All testing including gradation, proctor, compaction, and pressure tests; and Site cleanup and demobilization; * Measurement. Measurement shall be a minimum of 20 for each spot repair performed. * Payment. Payment shall be made at the contract unit price bid per spot repair and approval. Payment for the spot repair will be made only after all work in this section is complete including testing and cleaning. E. New Pipe * General. This bid item shall include the installation of new pipes for each size shown in the Bid Proposal. * Work Included. All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; Notification of homeowners of construction and access changes; Provide all traffic control plans, approval, traffic control devices, markers, flagging, materials, personnel, labor required for agency approval; SPECIAL PROVISIONS Page 26

93 Provide sediment, erosion, and dust control measures as necessary; All cleaning and closed-circuit television (CCTV) inspection of existing sewers to determine the number and location of services; Exploratory excavation required to determine the number, location, and depth of sewer main and services connected to the existing mains or stubbed to the property line that will need to be reconnected to the new main; Trench excavation and native backfill, including clearing and grubbing, topsoil stripping and replacement, trench support by shoring; Any exploratory excavation, repair work, or slowdown in progress to locate existing water lines, services, sewers, storm drains, or any other utility or unknown items; Provide shoring as needed; Replacement of sprinkler systems; Provide support for utility poles, light poles, flag poles, mail boxes, guy wires, etc. as required to facilitate installation of pipe; Removal and replacement of barriers such as fences, retaining walls, signs, bollards, guy wires, along the trench alignment; Utility relocates as required to facilitate pipe installation or as indicated on the plans; Furnish and install all main line pipe and service pipe, including couplings, transition fittings for different pipe types, lubricants, gaskets and appurtenances not included in other bid items; If pipe bursting; all work including excavation and backfill of entry and exit pits, moving manholes, fittings, couplers, piping, pipe bursting equipment, and labor; Moving and replacement of bleachers at the football field; Provide and install rigid foam insulation where required; Furnish and install all Type 1 bedding; Furnish and install all Type 2 bedding if required; Resetting of disturbed manhole frames and grates; Fine grading of trenching outside the curb lines; Saw cutting asphalt and concrete to a neat line; Topsoil removal and replacement; Engineer approved tree and brush clearing, cutting, and disposal; Placing seed, fertilizer and mulch on any disturbed grass areas; Remove and dispose of any excess material generated by trenching operations; Provide all equipment, tools and materials for conducting all repairs required; Rebar and concrete encasements at creek locations on plans due to shallow bury; Furnish and install concrete anchors including pipe flanges, concrete, and rebar where called for on the drawings; Any by-pass pumping, dewatering, or stream work required for installation; SPECIAL PROVISIONS Page 27

94 All cleaning, testing including gradation, proctor, compaction, mandrel, TV inspection and pressure tests; Utility crossings; and Site cleanup and demobilization; * Measurement. Measurement for new pipe will be by the linear foot (LF) of new pipe installed. Measurement will be made from centerline to centerline between manholes or from tie-in locations. 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. F. Flowable Fill * General. This bid item shall include the installation of flowable fill for trench backfill in the areas shown in the Drawings. * Work Included. All labor, tools equipment, materials, royalties and incidentals necessary to complete the work as specified; Submit mix design for flowable fill; and Provide, load, haul, place and consolidate the flowable fill. * Measurement. Measurement shall be by the cubic yard of flowable fill placed. * Payment. Payment shall be made at the contract unit price bid for each cubic yard of flowable fill placed. G. Sanitary Sewer Manhole * General. This bid item shall include the installation of an underground manhole for the sanitary sewer system for each size where shown on the Drawings. * Work Included. All labor, tools, equipment, material, royalties and incidentals necessary to complete the work as specified; Provide all utility locates, surveys, intermediate stakes and grade control necessary; Notification of homeowners of construction and access changes; Provide all traffic control plans, approval, traffic control devices, markers, flagging, materials, personnel, labor required for agency approval; Provide all equipment, tools, and materials for conducting all testing, and repairs needed; SPECIAL PROVISIONS Page 28

95 All cleaning and closed-circuit television (CCTV) inspection of sewer mains connecting to manhole, including a detail of number and location of services; All safety equipment required by OSHA to enter manholes; Exploratory excavation required to determine the location and depth of existing sewer main; Replacement of sprinkler systems; Provide sediment control and dust control measures as necessary; Excavate for manhole and provide compact structural embankment underneath; Utility crossings and utility relocates; Any permits required; Reconnect all sanitary sewer services, including fittings, saddles, and service pipe needed; Trench excavation, backfill, compaction, and testing; Testing of soil, asphalt and concrete; Trench support by shoring; Provide and install manhole including base, barrel, exterior manhole coating (damp proofing), steps, lid, adjusting rings and cover, concrete collar and rebar; Furnish and install all main line pipe, drop pipe, fittings, including couplings, transition fittings for different pipe types, lubricants, gaskets and appurtenances not included in other bid items; Removal and replacement of barriers, such as signs, guy wires, pipe bollards, and fences along the trench alignment; Engineer approved tree and brush clearing, cutting, and disposal; Topsoil removal and replacement; Furnish and install all Type 1 bedding; Furnish and install all Type 2 bedding if required; Surface and creek restoration; Any by-pass pumping, dewatering, or stream work required for installation; Provide support for utility poles, flag poles, mail boxes, guy wires, and pipes as required to facilitate installation of pipe, services, and manholes; Provide gaskets, fasteners, seals and concrete encasements as shown; Remove and dispose of any excess material generated by excavation and installation; Grouting around pipe penetrations and flow channel; Required testing of the manholes; Removal and disposal of all pavement, concrete, fabric, and gravel; Saw cutting asphalt and concrete to a neat line; Connecting any services in existing manhole to the main or that are in the way of installing the new manhole, fittings, saddles, and service pipe needed; Placing seed, fertilizer and mulch on any disturbed grass areas; and Site cleanup and demobilization. SPECIAL PROVISIONS Page 29

96 SPECIAL PROVISIONS Page 30 * Measurement. Measurement will be per each sanitary sewer manhole installed. * Payment. Payment shall be made at the contract unit price bid per each sanitary sewer manhole installed. Payment for this item will only be made after the work covered by this section has been completed and approved by the Engineer. H. Modify Manhole * General. This bid item shall include the removal of the upper brick wall section approximately 20 inches in height, replace with concrete adjustment rings, and remove and replace existing cover and frame. * Work Included. All labor, tools, equipment, material, royalties and incidentals necessary to complete the work as specified; Provide all equipment, tools, and materials for conducting all testing and repairs needed; All safety equipment required by OSHA to enter manholes; Remove brick and replace with concrete adjustment rings; Remove and replace existing cover and frame; and Site cleanup and demobilization. * Measurement. Measurement will be per each sanitary sewer manhole modified. * Payment. Payment shall be made at the contract unit price bid per each sanitary sewer manhole modified. Payment for this item will only be made after the work covered by this section has been completed and approved by the Engineer. I. Removal & Disposal of Manhole * General. This bid item shall include the removal and disposal of an existing manhole. * Work Included. All labor, tools, equipment, material, royalties and incidentals necessary to complete the work as specified; Provide all utility locates, surveys, intermediate stakes and grade control necessary; Notification of homeowners of construction and access changes; Provide all traffic control plans, approval, traffic control devices, markers, flagging, materials, personnel, labor required for agency approval;

97 Provide shoring as needed; Replacement of sprinkler systems; Removal, disposal and hauling of existing manhole to approved locations; All cleaning and closed-circuit television (CCTV) inspection of sewer main connected to the manhole, including a detail of number and location of services; Provide all equipment, tools, and materials for repairing, capping, or plugging existing main with concrete; Reconnect all sanitary sewer services, including fittings, saddles, and service pipe needed; All safety equipment required by OSHA to enter manholes; Provide sediment control and dust control measures as necessary; Excavation for manhole; All piping, fittings and couplers required to connect existing sanitary sewer pipes to new manhole or plug abandoned pipes with concrete; Backfilling hole left by removing manhole; Utility crossings and utility relocates; Any permits required; Placing seed, fertilizer and mulch on any disturbed grass areas; Trench excavation, backfill, compaction, and testing; Trench support by shoring; Backfill, compaction, and testing; Removal and replacement of barriers, such as signs, guy wires, pipe bollards, and fences along the trench alignment; Engineer approved tree and brush clearing, cutting, and disposal; Topsoil removal and replacement; Provide support for utility poles, flag poles, mail boxes, guy wires, and pipes as required to facilitate work; Remove and dispose of any excess material generated by excavation and installation; Saw cutting asphalt and concrete to a neat line; Any by-pass pumping, dewatering, or stream work required for installation; and Site cleanup and demobilization. * Measurement. Measurement will be per each sanitary sewer manhole removed and disposed of. * Payment. Payment shall be made at the contract unit price bid per each sanitary sewer manhole removed and disposed of. Payment for this item will only be made after the work covered by this section has been completed and approved by the Engineer. SPECIAL PROVISIONS Page 31

98 SPECIAL PROVISIONS Page 32 J. Exploratory Excavation * General. This bid item shall include the approved exploratory excavation to determine the location of water mains, sewer mains and sewer services when cleaning and TV inspection has first been tried and not succeeded. Time will only start when digging has started and until the water main, sewer main, or sewer service is found. Backfill and surface restoration, main and service repair or reconnection will be part of new manhole, new main or CIPP unit prices. * Work Included. All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; Notification of homeowners of construction and access changes; Provide all traffic control plans, approval, traffic control devices, markers, flagging, materials, personnel, labor required for agency approval; Exploratory excavation required to determine the number, location, and depth of water mains, sewer mains and sewer services connected to the existing mains that will need to be reconnected to the new main or have a new manhole installed; Exploratory excavation includes backhoe or excavator, one operator, and one laborer to hand dig; Trench excavation including clearing and grubbing, topsoil stripping, and trench support by shoring. Remove and dispose of any excess material generated by trenching operations; and Site cleanup and demobilization; * Measurement. Measurement for exploratory excavation will be by the hour (HR) of time of actual excavation. The Engineer will need to give prior approval and be present during work. The measurement shall be rounded to the nearest hour. * Payment. Payment shall be made at the contract unit price bid per hour (HR) of work completed and approved. Payment for exploratory excavation will be made only after all work in this section is complete and approved. K. Sanitary Sewer Service Connection * General. This bid item shall include all sewer service connections to the main by the Schedule II Contractor only. Sanitary Sewer Service connections that may be necessary by the Schedule I Contractor will be considered incidental. * Work Included. All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work a specified;

99 Provide all equipment, tools and materials for conducting all testing, and repairs required; Provide all utility locates, surveys, intermediate stakes and grade and alignment control necessary; Utility crossings and utility relocates; Provide sediment control and dust control measures as necessary; Any permits required; Provide support for utility poles, flag poles, mail boxes, guy wires, and pipes as required to facilitate installation of pipe; Replacement of sprinkler systems; Trench excavation and backfill, clearing and grubbing, topsoil stripping and replacement, trench support by shoring, and gradation and compaction tests specified herein; Removal and replacement of barriers, such as signs, guy wires, retaining walls, trees, and fences, along the trench alignment; Any by-pass pumping, dewatering, or stream work required for installation; Removal and disposal of concrete curb and gutter or sidewalk damaged; Moving and replacement of bleachers at the football field; Removal and disposal of any asphalt and gravel; Provide all equipment and materials necessary for water service crossings encountered along alignment; Furnish and install all PVC gravity sewer main including couplings, lubricants, gaskets and appurtenances not included in other bid items, including all necessary materials to connect to existing sewer lines and remove old service connection from the main; Furnish and install all sanitary service saddles, couplers, bends, pipe to reconnect the service; Testing and cleaning of the sewer pipe; Topsoil removal and replacement; Furnish and install all Type 1 bedding; Furnish and install all Type 2 bedding if required; Import any material required to backfill trench; Surface restoration; Any by-pass pumping, dewatering, or stream work required for installation; Provide support for any utility poles as required to facilitate installation of pipe and or manholes; Remove and dispose of any excess material generated by trenching operations or saturated material; and Site cleanup and demobilization. * Measurement. Measurement shall be for each sewer service connection performed, tested and approved by the Engineer. SPECIAL PROVISIONS Page 33

100 SPECIAL PROVISIONS Page 34 * Payment. Payment shall be made at the contract unit price bid per each service connection. Payment for the connection will be made only after all work in this section is complete including testing and cleaning. L. Pavement Removal & Replacement * General. This bid item shall include the removal and replacement of pavement within the allowable disturbance limits specified on the Drawings or in the Specifications. Any disturbed pavement beyond that area will be paid for at the contractor s expense. * Work Included. All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; Notification of homeowners of construction and access changes; Provide all traffic control plans, approval, traffic control devices, markers, flagging, materials, personnel, labor required for agency approval; Provide all surveys, intermediate stakes and grade control necessary Sawcut existing pavement for the trench widths disturbed; Removal and disposal of asphalt; All pavement disposal fees; Furnish and install 6 of crushed base course surfacing, including watering and compaction; Coordinate all utility locates; Fine grade compacted base course to the smoothness required; Furnish and apply tack coat to edges of existing pavement and concrete; and Furnish and apply plant mix surfacing including compaction, testing and all paving operations. * Measurement. Measurement shall be by the square yard of pavement replaced. Measurement shall include only that pavement within 5'-0" on either side of the pipe centerline. Contractor is required to replace all damaged or removed pavement regardless of its proximity to the pipe trench. * Payment. Payment shall be made at the contract unit price bid for each square yard of pavement acceptably replaced. M. Gravel Removal & Replacement * General. This bid item shall include the replacement of gravel surfacing over backfilled trenches in the areas specified in the Drawings. * Work Included. All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified;

101 Provide water required for compaction, Provide means to alleviate dust problems as required; Provide and install crushed base course surfacing as required; and Fine grading and compaction. * Measurement. Measurement will be per square yard of gravel replaced. Although all gravel that is removed or disturbed will be replaced, only a 10- foot corridor (5-feet either side of the pipe) parallel to the pipeline will be included in the measurement quantities. All gravel disturbed and needing replacement outside this corridor will be replaced at the Contractor s own expense. * Payment. Payment shall be made at the contract unit price bid for each square yard of gravel acceptably replaced. N. Trench Plug * General. This bid item shall include all materials and work necessary to provide trench plugs as shown in the construction drawings. * Work Included. All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; All equipment, materials, labor, and appurtenances necessary for performing the work in accordance with the drawings; Provide material and all work necessary to install trench plugs to prevent the continued flow of groundwater through the new pipe trench; Any dewatering necessary for installation of the trench plugs; Sampling and lab tests required to document specified permeability; Provide bentonite material; Importing suitable soil for blending with bentonite; Blending imported or suitable onsite soils with bentonite; Site cleanup and demobilization. * Measurement. Measurement shall be by each trench plug installed. * Payment. Payment shall be made at the contract unit price bid for each trench plug. O. Traffic Control. * General. This bid item shall include providing traffic control personnel and devices for all construction activities. * Work Included. All labor, tools, equipment, materials, royalties, and incidentals necessary SPECIAL PROVISIONS Page 35

102 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 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. F. Concrete Encasement * General. This bid item shall include the installation of concrete around new 8 PVC under Cottonwood Creek as shown in the construction drawings. * Work Included. All labor, tools equipment, materials, royalties and incidentals necessary to complete the work as specified; Transport and set up all equipment, materials and other items needed to complete the project; Dewatering if necessary; All testing required; and Provide, load, haul, form and place the concrete. * Measurement. Measurement shall be by the cubic yard of concrete placed. * Payment. Payment shall be made at the contract unit price bid for each cubic yard of concrete placed. SPECIAL PROVISIONS Page 36

103 Section July 2016 SECTION FUNDING AGENCY SPECIAL PROVISIONS FOR MONTANA PUBLIC FACILITY PROJECTS This section supplements Division 0 of the Montana Public Works Standard Specifications, Sixth Edition, dated April, Included herein are supplemental general conditions that are required by Montana public facility funding programs or agencies listed in 1.1 below but are not included in the Montana Public Works Standard Specifications, Division 0. ARTICLE 1. SPECIAL PROVISIONS 1.1 FUNDING AGENCIES This project is being funded with funds from one or more of the following public facility funding programs or agencies: Renewable Resource Grant and Loan Program (RRGL) Treasure State Endowment Program (TSEP) United States Department of Agriculture Rural Development (USDA/RD) Community Development Block Grant Program (CDBG) Drinking Water or Water Pollution Control State Revolving Fund Loan Program (SRF) Applicable Funding Agency Special Provisions In addition to Section 1.2 below, the following sections also apply as indicated: X X X X Section 1.3 (Additional USDA/RD Requirements) Section 1.4 (Additional CDBG Requirements) Section 1.5 (Additional SRF Requirements) Exhibit A (Project Sign Detail) Exhibit B (HUD Form 4010) Exhibit C (Federal Labor Standards Provisions) Exhibit D (Reserved) Exhibit E (American Iron and Steel Forms) 1.2 SPECIAL PROVISIONS FOR ALL FUNDING AGENCIES The following requirements pertain to all of the funding programs or agencies listed in 1.01 above. If project funding sources include any of the programs or agencies listed, the following general requirements must be met in addition to those required in the Montana Public Works Standard Specifications, Division 0: Reports, Information, and Access to Records The contractor, at such times and in such form as required by the owner (defined herein as the entity for which the project is being constructed) shall furnish reports pertaining to the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. The owner and any federal, state or local governmental agency having a valid interest in this project shall be permitted by the contractor to have full access to and the right to examine pertinent documents of the contractor involving transactions related to this contract during the period of the project and for three (3) years from the date of final payment or until all findings have been resolved to the satisfaction of the funding agencies. 1

104 Section July Contractor Eligibility and Certification Regarding Debarment The contractor certifies that the contractor's firm and the firm's principals are not debarred, suspended, or otherwise ineligible to receive any Montana public works contracts or subcontracts pursuant to (2), MCA. For federally funded projects, the contractor certifies that the contractor's firm and the firm's principals are not debarred, suspended, voluntarily excluded, or otherwise ineligible for participation in federally assisted contracts under Executive Order 12549, "Debarment and Suspension" (24 CFR ) Contractor Registration and Worker s Compensation Requirements Title 39, Chapter 9, Parts 1 and 2 MCA stipulate contractor registration requirements for the State of Montana. Pursuant to MCA, each construction contractor must be registered with the Montana Department of Labor and Industry. In accordance with MCA, construction contractor means a person, firm, or corporation that, in the pursuit of an independent business, offers to undertake, undertakes, or submits a bid for construction. No bid shall be considered that does not carry the bidder s Montana Contractor s Registration Number on the bid form. Registration forms and additional information may be obtained by contacting the Montana Department of Labor and Industry, 1805 Prospect Ave., P.O. Box 8011, Helena, MT , or by calling The contractor must provide certification that workers' compensation insurance will be maintained as required by the Montana Workers' Compensation Act ( MCA) Minimum Wage Requirements Unless superseded by federal law, MCA and MCA require that each employer pay, as a minimum, the rate of wages, including fringe benefits and zone pay applicable for the work being performed, as provided in the current Montana Prevailing Wage Requirements as determined by the Montana Department of Labor and Industry. The current wage determination(s) must be included in the contract documents. If the SRF Loan Program is funding the project in whole or in part, federal and state laws require that each employer pay, as a minimum, prevailing wages for each classification in accordance with the Federal Labor Standards Provisions (Davis-Bacon) (Exhibit C) or Montana Prevailing Wage Requirements, whichever is greater. If the CDBG Program is funding the project in whole or in part, HUD Form 4010-Federal Labor Standards Provisions (Exhibit B) must be included in the contract documents Compliance with State and Federal Laws and Regulations All applicable laws, ordinances, rules and regulations of authorities having jurisdiction over construction of the project shall apply to the contract throughout. The contractor must comply with all applicable state and federal occupational disease and health and safety laws and regulations Project Sign All projects will have a sign erected at a prominent location near the major portion of the work in plain view of the general public prior to submittal of the first pay estimate. The sign will generally conform to the following: 2

105 Section July 2016 The CONTRACTOR, or such contractor as the ENGINEER may designate, when construction begins, shall erect a sign constructed of 4 X8 X¾ exterior plywood (A-B) and shall be supported by and bolted to two (2) 4 X4 posts with the bottom of the sign at a point at least two (2) feet above the ground line. The project sign shall be maintained in a good condition until project completion. The sign will be edged, painted and lettered as shown on Exhibit A. The letters shall be approximately three (3) inches in height. The cost of the sign is incidental to the contract price. The sign shall remain the property of the owner. A statement indicating all agencies participating in the financing of the project shall be included on the sign. The sign shall be subject to agency approval prior to being erected Gross Receipts Withholding Requirements Pursuant to Section (2)(3), MCA, the owner is required to withhold one percent (1%) of all payments due the contractor and is required to transmit such moneys to the Montana Department of Revenue as part of the public contractor's license fee. In like fashion, the contractor is required to withhold one percent (1%) from payments to subcontractors Clean Air and Clean Water Acts, Executive Order and EPA Regulations: If this Contract exceeds $100,000, Contractor shall comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)); Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738; and Environmental Protection Agency Regulations (40 CFR Part 15). 1.3 ADDITIONAL SPECIAL PROVISIONS FOR USDA/RD The following documents shall be attached to and made a condition of the contract documents for any project funded, in whole or in part, by Rural Development: If the bid amount exceeds $10,000, signed Compliance Statement (RD 400-6). Refer to specific equal opportunity requirements set forth in paragraph of the General Conditions; If the bid amount exceeds $25,000, signed Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (AD-1048); and If the bid amount exceeds $100,000, signed RD Instruction 1940-Q, Exhibit A-1, Certification for Contracts, Grants, and Loans. Refer to paragraph of the General Conditions Free and Open Competition All procurement transactions will be conducted in a manner that provides maximum free and open competition. Examples of what are considered to be restrictive of competition include but are not limited to: employment preferences to Montana Bidders or Montana Contractors and Montana residents Contractor s Retainage No payments will be made that would deplete the retainage nor place in escrow any funds that are required for retainage or invest the retainage for the benefit of the contractor. 3

106 Section July ADDITIONAL SPECIAL PROVISIONS FOR CDBG Equal Employment Opportunity Provisions a. Equal Employment Opportunity (Executive Order 11246). During the performance of this contract, the Contractor agrees as follows: (i) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection of training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (ii) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (iii) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Department's contracting officer advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (iv) The contractor will comply with all of the provision of Executive Order of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (v) The contractor will furnish all information and reports required by Executive Order of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (vi) In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order of September 24, 1965, or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law. (vii) The contractor will include the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order of September 24, 1965, so that each provision will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. b. Title VII of the Civil Rights Act of Provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. c. Section 109 of the Housing and Community Development Act of "No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the 4

107 Section July 2016 benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity." d. Section 3 of the Housing and Community Development Act of The contractor will ensure that to the greatest extent feasible opportunities for training and employment arising in connection with this CDBGassisted project will be extended to project area residents. Further, the contractor will, to the greatest extent feasible, utilize business concerns located in or substantially owned by residents of the project area, in the award of contracts and purchase of services and supplies. e. Minority Business Enterprise. Under the provisions of Executive Order contractors on federallyfunded projects are required to take affirmative steps to assure that minority businesses are used when possible as sources of supplies, equipment, construction and services. Additionally, the contractor must document all affirmative steps taken to solicit minority businesses and forward this documentation along with the names of the minority subcontractors and suppliers to the owner upon request. f. Nondiscrimination Provision in all Public Contracts Pursuant to Section , MCA, the Contractor certifies that all hiring will be on the basis of merit and qualifications and there will be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin Uniform Federal Accessibility Standards (UFAS) All design specifications for the construction of any building shall provide access to the physically handicapped in accordance with the Uniform Federal Accessibility Standards and HUD regulations 24 CFR Part 8, "Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of HUD" Certification of Compliance with Federal Clean Air and Water Acts (Applicable to Federally Assisted Construction Contracts and Related Sub-Contracts Exceeding $100,000.) During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR 15, as amended Preconstruction Conference After the contract(s) have been awarded, but before the start of construction, a conference will be held for the purpose of discussion requirements on such matters as project supervision, coordination with city or county officials, on-site inspections, progress schedules and reports, payrolls, payments to contractors, contract change orders, insurance, safety and other items pertinent to the project. The contractor shall arrange to have all supervisory personnel connected with the project on hand to meet with representatives of the engineer and owner to discuss any problems anticipated Contract Pricing The cost plus a percentage of cost method of contracting shall not be used. 5

108 Section July ADDITIONAL SPECIAL PROVISIONS FOR SRF Equal Employment Opportunity and Affirmative Action Requirements on Federally Assisted Construction Contracts NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for minority participation in each trade 4.1% Goals for female participation in each trade 6.9% These goals are applicable to all the contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR (a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number for the subcontractor; employer identification number of the subcontractor, estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed (see form on page 11). 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the Great Falls Economic Area. This notice shall be included in, and shall be a part of, all solicitations for offers and bids on all federal and federally assisted construction contracts or subcontracts. EQUAL OPPORTUNITY CLAUSE The Equal Opportunity Clause published at 41 CFR Part (b) is required to be included in, and is part of, all nonexempt federally assisted construction contracts and subcontracts. The Equal Opportunity Clause shall be considered to be a part of every contract and subcontract required by the regulations in this part to include such a clause, whether or not it is physically incorporated in such contracts. In addition to the clause described above, all federal contracting officers, all applicants, and all non-construction contractors, as applicable, shall include the specifications set forth in this section in all federal and federally assisted construction contracts in excess of $10,000 to be performed in geographical areas designated by the 6

109 Section July 2016 Director pursuant to of this part and in construction subcontracts in excess of $10,000 necessary in whole or in part to the performance of non-construction Federal contracts and subcontracts covered under the Executive Order. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: a. "Covered Area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the employer's quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR ) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area, (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs (7)(a) through (p) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably by able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the federal register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 7

110 Section July In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female offthe-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under (7)(b) above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. 8

111 Section July 2016 h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7)(a) through (p). The efforts of a contractor association, joint contractorunion, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under (7)(a) through (p) of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive order if a specific minority group of women is under-utilized). 9

112 Section July The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph (7) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program) 10

113 Section July 2016 CONTRACTOR S NAME, ADDRESS & TELEPHONE NUMBER CONTRACTOR EMPLOYER ID NUMBER: Return to: USDOL/ESA/OFCCP Denver District Office 1999 Broadway-Suite 1177 P.O. BOX Denver, CO _ PROJECT AND LOCATION: CONTRACT INFORMATION Dollar Amount of Contract Estimated Start Date Estimated Completion Date Contract No. Geographical Area NOTIFICATION OF SUBCONTRACTS AWARDED (>$10,000) Subcontractors Name, Address, & Phone Number Employer ID Number of Subcontractor Estimated $ Amount of Subcontract Estimated Start Date Estimated Completion Date 11

114 Section July Guidance for Participation By Disadvantaged Business (DBE) Enterprises In United States Environmental Protection Agency Programs of 40 CFR 33. The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. A. REQUIREMENTS 1. The recipient and prime contractor will exercise good faith efforts to attract and utilize small, minority, and women's business (DBEs) enterprises primarily through outreach, recruitment, and race/gender neutral activities. At a minimum, the recipient and project bidders will follow the six affirmative steps below: a. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities including placing DBEs on solicitation lists and soliciting them whenever they are potential sources; b. Make information on forthcoming opportunities available to DBEs and arrange time frames and establish delivery schedules, when the requirements of the work permit, which will encourage participation by DBEs; c. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs; including dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by DBEs; d. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually; e. Using the services of the Small Business Administration and the Office of Minority Business Enterprise of the U.S. Department of Commerce, as appropriate; and f. Require a. through e. to be taken if subcontracts are awarded. B. FAIR SHARE OBJECTIVE 1. The fair share objective for this project is 2 %MBE's and 3 % WBE's. C. DEFINITIONS 1. Minority Business Enterprise (MBE) is a business concern which is: a. Certified as socially and economically disadvantaged by the Small Business Administration; (1) Socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. (2) Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system is impaired due to diminished capital and credit opportunities, as compared to others in the same business area who are not socially disadvantaged. In determining the degree of diminished credit and capital opportunities, the Small Business Administration shall consider, but not be limited to, the assets and net worth of such socially disadvantaged individuals. Individuals who certify that they are members of named groups (Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans), are to be considered socially and economically disadvantaged. Economically and socially disadvantaged individuals are deemed to include women. b. Certified as a minority business enterprise by a State or Federal agency; or c. An independent business concern which is at least 51 percent owned and controlled by minority group member(s). 12

115 Section July 2016 (1) A minority group member is an individual who is a citizen of the United States and one of the following: (a) Black American: (b) Hispanic American (with origins from Puerto Rico, Mexico, Cuba, South or Central America) (c) Native American (American Indian, Eskimo, Aleut, native Hawaiian); or (d) Asian-Pacific American (with origins from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, Taiwan or the Indian subcontinent). (2) In order to satisfy the third criteria of the MBE definition, the minority ownership's interest must be real, substantial and continuing. Such interest is characterized by: (a) Risk of loss/share of profit commensurate with the proportional ownership; and (b) Receipt of the customary incidents of ownership, such as compensation (i.e. salary and other personnel compensation). (3) A minority owner must have and exercise control of the business decisions. Characteristics of control include, but are not limited to: (a) Authority to sign bids and contracts; (b) Decisions in price negotiations; (c) Incurring liabilities for the firm; (d) Final staffing decisions; (e) Policy-making; and (f) General company management decisions. (4) Only those firms performing a useful business function according to custom and practice in the industry are qualified as MBEs. Acting merely as a passive conduit of funds to some other firm where such activity is unnecessary to accomplish the project does not constitute a "useful business function according to custom and practice in the industry." The purpose of this approach is to discourage the use of MBE "fronts" and limit the creation of an artificial supplier and broker marketplace. 2. W omen's Business Enterprise (W BE) is a business which is certified as such by a State or Federal agency, or which meets the following definition: "A women's business enterprise is an independent business concern which is at least 51 percent owned by a woman or women, who also control and operate it. Determination of whether a business is at least 51 percent owned by a woman or otherwise qualified WBE which is 51 percent owned by a married woman in a community property State will not be disqualified because her husband has a 50 percent interest in her share. Similarly, a business which is 51 percent owned by a married man and 49 percent owned by an unmarried woman will not become a qualified WBE by virtue of his wife's 50 percent interest in his share of the business." As in the case of a MBE, only United States citizens will be deemed to be WBEs. Similar to the MBE criteria, WBE should meet the criteria cited in subparagraphs C.1.c.(2), (3), and (4). 3. Fair Share or Fair Share Objective A fair share or a fair share objective is an amount of funds reasonably commensurate with the total project funding and the availability of qualified MBEs and WBEs, taking into account experience on EPA-funded projects and other comparable projects in the area. A fair share objective does not constitute an absolute requirement, but a commitment on the part of the bidder to exercise good faith efforts as defined in this section to use MBEs and WBEs to achieve the fair share objective. 13

116 Section July Small Business (SBE). Any business entity, including its affiliates, that is independently owned and operated, and not dominant in its field of operations in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards set forth in 13 CFR Part Small Business in a Rural Area. A small business in a rural area (SBRA) is a business entity meeting the definition of a small business, and is located and conducts its principal operations in a geographical area (county) listed in the Small Business Administration's Listing of Non-Metropolitan Counties by State. 6. Recipient. A party receiving SRF financial assistance. 7. Project. The work financed through an SRF loan. 8. Bidder. A party seeking to obtain a contract with a recipient through a competitive, advertised, sealed bid process. 9. Offeror. A party seeking to obtain a contract with a recipient through a negotiative procurement process. 10. Prime Contractor. A party that has obtained a contract with a recipient through a competitive, advertised, sealed bid process. 11. Good Faith Efforts. Good faith efforts by a recipient, prime contractor, and/or bidder/offeror means efforts to attract and utilize SBEs, MBEs, and WBEs (DBEs) primarily through outreach, recruitment, and race/gender neutral activities. The following are examples of activities to assist recipients, prime contractors and/or bidders/offerors to comply with good faith efforts. a. Include qualified SBEs, MBEs, and WBEs on solicitation lists. (1) Maintain and update a listing of qualified SBEs, MBEs, and WBEs and SBRAs that can be solicited for supplies, construction and/or services. (2) Provide listings to all interested parties who requested copies of the bidding or proposing documents. (3) Contact appropriate sources within your geographic area and State to identify qualified MBEs and WBEs for placement on your minority and women's business listings. (4) Utilize other MBE/WBE listings such as those of the State's Minority Business Office, the Small Business Administration, Minority Business Development Agency, US EPA- Office of Small and Disadvantaged Business Utilization (OSDBU) and the Department of Transportation. (5) Have the State environmental agency personnel review this solicitation list. b. Ensure that SBEs, MBEs, and WBEs are solicited. (1) Conduct meetings, conferences, and follow-ups with SBEs, MBEs, WBEs, and SBRAs, small, minority and/or women's business associations, minority media, etc., to inform these groups of opportunities to provide supplies, services, and construction. (2) MBE utilization is facilitated if the recipient or prime contractor advertises through the minority media. Such advertisements may include, but are not limited to, contracting and subcontracting opportunities, hiring and employment, or any other matter related to the project. (3) Conduct pre bid, pre-solicitation, and post-award conferences to ensure that consultants, suppliers, and builders solicit SBEs, MBEs, WBEs, and SBRAs. (4) Provide bidders and offerors with listings of qualified SBEs, MBEs, WBEs, and SBRAs and establish that a fair share of contracts/procurements should be awarded to these groups. (5) Advertise in general circulation, trade publications, State agency publications of identified source, minority or women's business focused media, etc., concerning contracting opportunities on your projects. Maintain a list of minority or women's business-focused publications that may be utilized to solicit MBEs or WBEs. 14

117 Section July 2016 (6) Provide interested SBEs, MBEs, WBEs, or SBRAs with adequate information about plans, specifications, timing and other requirements of the proposed projects. (7) Provide SBE, SBRA, MBE or WBE trade organizations with succinct summaries of solicitations. (8) Notify SBEs, MBEs, WBEs, or SBRAs of future procurement opportunities so that they may establish bidding solicitations and procurement plans. c. Make information on forthcoming opportunities available to DBEs and arrange time frames and establish delivery schedules, where requirements of the work permit, which will encourage participation by SBEs, MBEs, WBEs and SBRAs. (1) Consider lead times and scheduling requirements often needed by SBE, MBE, WBE or SBRA participation. (2) Develop realistic delivery schedules which may provide for greater SBE, MBE, WBE or SBRA participation. (3) Whenever possible, post solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date d. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs; including dividing total requirements when economically feasible, into small tasks or quantities to permit maximum participation of SBEs, MBEs, WBEs and SBRAs. (1) Perform an analysis to identify portions of work that can be divided and performed by qualified SBEs, MBEs, WBEs and SBRAs. (2) Scrutinize the elements of the total project to develop economically feasible units of work that are within the bonding range of SBEs, MBEs, WBEs and SBRAs. (3) Analyze bid packages for compliance with the good faith efforts to afford SBEs, MBEs, WBEs and SBRAs maximum participation. (4) Encourage contracting with a consortium of SBEs, MBEs, WBEs, and SBRAs when a contract is too large for one of these firms to handle individually e. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the US Department of Commerce, as appropriate. (1) Use the services of outreach programs sponsored by the Minority Business Development Agency and/or the Small Business Administration to recruit bona fide firms for placement on SBEs', MBEs', WBEs', or SBRAs' bidders lists to assist these firms in the development of bid packaging. (2) Seek out Minority Business Development Centers (MBDCs) to assist recipients and prime contractors in identifying MBEs for potential work opportunities on this project. f. If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs a. through e. of this section. D. ADDITIONAL CONTRACT PROVISIONS 1. The prime contractor must pay its subcontractors for satisfactory performance no more than 30 days from the prime contractor s receipt of payment from the owner. 2. The prime contractor must notify the owner in writing prior to any termination of a DBE subcontractor for convenience. 3. If a DBE subcontractor fails to complete work under the subcontract for any reason, the prime contractor must employ the six good faith efforts if soliciting a replacement subcontractor, even if the fair share objectives have already been achieved. 15

118 Section July 2016 E. REPORTING 1. Bidders/offerors shall demonstrate compliance with good faith efforts in order to be deemed responsible. Efforts could include maintaining phone/mail logs (see attached MBE/WBE Subcontractor Solicitation Sheet), submitting proof of DBE solicitation advertisements, completion of the on-line DBE quote request form located at etc.. The owner may specify other methods of demonstrating compliance. 2. Documentation of a good faith effort should be submitted with the bid, or within seven (7) calendar days of the bid opening. 16

119 Section July 2016 MBE/WBE SUBCONTRACTOR SOLICITATION INFORMATION Name, Address & Phone No. of Subcontractor Contacted Date Request for Quote Sent Description of Work Offered Date of Phone Follow-up & Person Contacted Amount of Quote or Reason for Not Quoting* Quote Accepted? If not, list reason for rejection Indicate MBE, WBE, or other Subcontractor * - Use additional sheets if necessary. The undersigned hereby certifies that the above information is true and correct: Contractor: By: Signature Date: Title 17

120 Section July Certification Regarding Debarment, Suspension and Other Responsibility Matters A. INSTRUCTIONS Under Executive Order 12549, an individual or organization debarred or excluded from participation in Federal assistance or benefit programs may not receive any assistance award under a Federal program, or a subagreement thereunder for $25,000 or more. The status of prospective individuals or organizations can be checked at: A prospective prime contractor must submit a completed certification (see form on the following page) or explanation to the project owner for the project. Each prospective subcontractor must submit a completed certification or explanation to the prime contractor for the project. B. HOW TO OBTAIN FORMS Additional forms may be obtained from the State or may be reproduced. 18

121 Section July 2016 United States Environmental Protection Agency Washington, DC SRF Project Number Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name & Title of Authorized Representative Signature of Authorized Representative Date I am unable to certify to the above statements. My explanation is attached. 19

122 Section July Prohibition against Listed Violated Facilities A. REQUIREMENTS (1) To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.C. 1857, et seq., as amended by Pub. L ) and section 308 of the Clean Water Act (33 U.S.C. 1251, as amended), respectively, which relate to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this contract. (2) That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency list of violating facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from the listing. (3) To use his best efforts to comply with clean air and clean water standards at the facilities in which the contract is being performed. (4) To insert the substance of the provisions of this clause, including this paragraph (4), in any nonexempt subcontract. B. DEFINITIONS (1) Air Act means the Clean Air Act, as amended (42 U.S.C et seq.). (2) W ater Act means the Clean Water Act, as amended (33 U.S.C et seq.). (3) Clean Air Standards means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted under the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110 (d) of the Air Act (42 U.S.C. 1857c-5(d)), an approved implementation procedure or plan under section 111 (c) or section 111(d), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 1857c-7(d)). (4) Clean W ater Standards means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is promulgated under the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by a local government to ensure compliance with pretreatment regulations as required by section 307 of Water Act (33 U.S.C. 1317). (5) Compliance means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency in accordance with the requirements of the Air Act or Water Act and regulations. (6) Facility means any building, plant, installation, structure, mine, vessel, or other floating craft, location, or site of operations, owned, leased, or supervised by a contractor or subcontractor, to be used in the performance of a contract or subcontract. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are located in one geographical area Discovery of Archaeological and other Historical Items In the event of an archaeological find during any phase of construction, the following procedure will be followed: (1) Construction shall be halted, with as little disruption to the archaeological site as possible. (2) The Contractor shall notify the Owner who shall contact the State Historical Preservation Officer. 20

123 Section July 2016 (3) The State Historical Preservation Officer may decide to have an archaeologist inspect the site and make recommendations about the steps needed to protect the site, before construction is resumed. (4) The entire event should be handled as expediently as possible in order to hold the loss in construction time to a minimum while still protecting archaeological finds. A similar procedure should be followed with regard to more recent historical resources. Should any artifacts, housing sites, etc., be uncovered, the same procedure should be followed as for an archaeological find. In the event archaeological/historical data are evaluated to meet National Register criteria, the Advisory Council on Historic Preservation may be notified and asked to comment Williams-Steiger Occupational Safety and Health Act of 1970 A. AUTHORITY (1) The contractor is subject to the provisions of the Williams-Steiger Occupational Safety and Health Act of (2) These construction documents and the joint and several phases of construction hereby contemplated are to be governed, at all times, by applicable provisions of the Federal law(s), including but not limited to the latest amendment of the following: a. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law ; b. Part Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations; c. Part Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations. B. SAFETY AND HEALTH PROGRAM REQUIREMENTS (1) This project, its prime contractor and its subcontractors, shall at all times be governed by Chapter XVII of Title 29, Code of Federal Regulations, Part Safety and Health Regulations for Construction (29 CFR 22801), as amended to date. (2) To implement the program and to provide safe and healthful working conditions for all persons, general project safety meetings will be conducted at the site at least once each month during the course of construction, by the construction superintendent or his/her designated safety officer. Notice of such meeting shall be issued not less than three (3) days prior, stating the exact time, location, and agenda to be included. Attendance by the owner, architect, general foreman, shop steward(s), and trades, or their designated representatives, witnessed in writing as such, shall be mandatory. (3) To further implement the program, each trade shall conduct a short gang meeting, not less than once a week, to review project safety requirements mandatory for all persons during the coming week. The gang foreman shall report the agenda and specific items covered to the project superintendent, who shall incorporate these items in his/her daily log or report. (4) The prime contractor and all subcontractors shall immediately report all accidents, injuries, or health hazards to the owner and architect, or their designated representatives, in writing. This shall not obviate any mandatory reporting under the provisions of the Occupational Safety and Health Act of (5) This program shall become a part of the contract documents and the contract between the owner and prime contractor, prime contractor and all subcontractors, as though fully written therein 21

124 Section July Wage Determination The Contractor and all subcontractors shall pay for all labor employed at no less than the minimum standard prevailing rate of wages for each classification, which shall be the higher of either the Montana Prevailing Wage Rates or the Federal Davis-Bacon Prevailing Wage Rates. Please refer to EXHIBIT C for Federal Labor Standards Provisions for Federally Assisted Construction Contracts. If you have a question about complying with the prevailing wage regulations (occupations, payroll forms, payment of fringe benefits, travel or per diem, etc.), you should contact the Labor Standards Bureau Wage and Hour Unit of the Montana Department of Labor and Industry or visit their website: Access 1. The recipient must insure that representatives of the Environmental Protection Agency and the State will have access to project records and the project work whenever it is in preparation or progress and must provide proper facilities for such access and inspection. The recipient must allow the Regional Administrator, the Comptroller General of the United States, the State agency, or any authorized representative, to have access to any books, documents, plans, reports, papers, including records of contractors which are pertinent to the project for the purpose of making audit, examination, excerpts, copies, and transcriptions thereof. The recipient must insure that a party to a subagreement will afford access to such project work, sites, documents, and records Construction Site Erosion and Sediment Control Measures Every effort shall be made by the contractors and subcontractors to prevent and correct problems associated with erosion and runoff processes which could occur during and after project construction. The efforts should be consistent with applicable local ordinances, the EPA Nonpoint Source Pollution Control Guidance and Department of Environmental Quality Stormwater Management Plan. Wherever appropriate, the contractor's efforts shall reflect the following engineering principles: 1. When appropriate, land grading and excavating should be kept at a minimum to reduce the possibility of creating runoff and erosion problems which require extensive control measures. 2. Whenever possible, topsoil should be removed and stockpiled before grading begins. 3. Land exposure should be minimized in terms of area and time. 4. Exposed areas subject to erosion should be covered as quickly as possible by means of mulching or vegetation. 5. Natural vegetation should be retained whenever feasible. 6. Appropriate structural or agronomic practices to control runoff and sedimentation should be provided during and after construction. 7. Early completion of stabilized drainage systems (temporary and permanent systems) will substantially reduce erosion potential. 8. Roadways and parking lots should be paved or otherwise stabilized as soon as feasible. 9. Clearing and grading should not be started until a firm construction schedule is known and can be effectively coordinated with the grading and clearing activity. 22

125 Section July American Iron and Steel (AIS) Requirements On January 17, 2014, H.R. 3547, Consolidated Appropriations Act, 2014, (Public Law , Section 436) was enacted. This law provides appropriations for both the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund for federal fiscal year 2014, while adding an American iron and steel requirement to these already existing programs. The Act includes a provision for "Use of American Iron and Steel," in Section 436(a)(1). None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products permanently incorporated in the project are produced in the United States. The term iron and steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, rebar, and construction materials. The iron and steel products used in the project must comply with the American Iron and Steel requirements of Section 436 of the Consolidated Appropriations Act of 2014 (P.L ) and as further interpreted by applicable EPA guidance (see AIS CERTIFICATION FORMS The Contractor must ensure that all qualifying iron and steel components used in the project have met the AIS requirements. To verify AIS compliance, the Contractor must obtain a Manufacturer Certification form (or equivalent statement) from the product manufacturer. Upon completion of the project, the Contractor shall provide the Owner with the Contractor Certification form and copies of all Manufacturer Certification forms and/or statements. The referenced certification forms are located in Exhibit E of Section AIS WAIVERS - A waiver from the American Iron and Steel requirements may be issued by the Administrator of the Environmental Protection Agency if it is found that: 1) applying the American Iron and Steel provisions would be inconsistent with the public interest; 2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or 3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. Waiver requests must be submitted to the state for review and submittal to the EPA. NATIONAL AIS WAIVERS - The EPA has issued the following national waivers; 1) De Minimis (April 15, 2014); 2) Product Waiver for Pig Iron and Direct Reduced Iron (February 18, 2015); 3) Minor Components in Iron and Steel Products (October 27, 2015); and 4) One-Year Extension of Stainless Steel Nuts and Bolts used in Pipe Couplings, Restraints, Joints, Flanges and Saddles (January 18, 2017). 1.6 Exhibits 23

126 Intentionally Left Blank

127 Section July 2016 EXHIBIT A (Required for All Projects) Project Sign Detail

128 Intentionally Left Blank

129 Section August X 4 Border (TYP) 26

130 Intentionally Left Blank

131 EXHIBIT B (Required for CDBG Projects) HUD Form 4010-Federal Labor Standards Provisions

132 Intentionally Left Blank

133 EXHIBIT C (Required for SRF Projects) Federal Labor Standards Provisions For Federally Assisted Construction Contracts United States Department of Labor CFR Code of Federal Regulations Pertaining to ESA (Federal Davis-Bacon Wages)

134 Intentionally Left Blank

135 Title 29, Chapter I, Part 5, Subpart A (29 CFR 5.5) Federal Labor Standards Provisions For Federally Assisted Construction Contracts United States Department of Labor CFR Code of Federal Regulations Pertaining to ESA (Federal Davis-Bacon Wages) Section Name: Contract provisions and related matters. (a) The Recipient shall assure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in 5.1 or the applicable FY appropriation requirements, the following clauses: (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Sec. 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(a) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the

136 contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The loan or grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federallyassisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the (Agency or SRF program) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) 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 under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the

137 registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the SRF program if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the SRF program. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the SRF program if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the SRF program, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a ``Statement of Compliance,'' signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under Sec. 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the ``Statement of Compliance'' required by paragraph (a)(3)(ii)(b) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the loan or grant recipient or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR (4) Apprentices and trainees (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually

138 registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the SRF program may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

139 (7) Contract termination: Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Sec. 5.5(a) or 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The loan or grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

140 (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the loan or grant recipient and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.

141 EXHIBIT D (Required for SRF Projects) Reserved

142 Intentionally Left Blank

143 EXHIBIT E American Iron and Steel (AIS) Forms

144 Intentionally Left Blank

145 USE OF AMERICAN IRON AND STEEL CONTRACTOR CERTIFICATION Consolidated Appropriations Act, 2014 On January 17, 2014, H.R. 3547, Consolidated Appropriations Act, 2014, (Public Law , Section 436) was enacted. This law provides appropriations for both the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund for federal fiscal year 2014, while adding an American iron and steel requirement to these already existing programs. The Act includes a provision for "Use of American Iron and Steel," in Sec. 436(a)(1). None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products permanently incorporated in the project are produced in the United States. As the general contractor for the project(s) using revolving loan funds, the undersigned attests that they have performed the necessary oversight to ensure this provision was met on the project(s) being funded. I, the undersigned authorized representative of, do hereby certify that all materials and supplies used on the project(s) have complied with the above provision of the Consolidated Appropriations Act. Project Name, DEQ Loan Project Number, Authorized Signature, Date, Title, Print Name

146 USE OF AMERICAN IRON AND STEEL MANUFACTURER CERTIFICATION Consolidated Appropriations Act, 2014 On January 17, 2014, H.R. 3547, Consolidated Appropriations Act, 2014, (Public Law , Section 436) was enacted. This law provides appropriations for both the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund for federal fiscal year 2014, while adding an American iron and steel requirement to these already existing programs. The Act includes a provision to for "Use of American Iron and Steel," in Section 436(a)(1). None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products permanently incorporated in the project are produced in the United States. This certification applies to the following specific iron and steel products to be incorporated into this project: Manufacturer Name: Material/Product Description: Location of factory where these products will be manufactured: As a manufacturer for the project(s) using revolving loan funds, the undersigned attests that they have performed the necessary oversight to ensure this provision was met on the project(s) being funded. I, the undersigned authorized representative of, do hereby certify that all qualifying iron and steel products purchased for or used on the project(s) have complied with the above provision of the Consolidated Appropriations Act. Project Name, DEQ Loan Project Number, Authorized Signature, Date, Title, Print Name.

147 SECTION V TECHNICAL SPECIFICATIONS

148 Intentionally Left Blank

149 TECHNICAL SPECIFICATIONS CONTENTS Incorporation of Montana Public Works Technical Specifications: The Technical Specifications contained in Divisions 2 and 3 in the Montana Public Works Standard Specifications (MPWSS), Sixth Edition, April 2010, and all subsequent Addendum, are hereby incorporated by reference and made a part of this Contract. In the event of a discrepancy between the MPWSS Technical Specifications and the following Technical Specifications contained within this bound document, the following bound versions shall take precedence. NOTE: Measurement and Payment (M&P) provisions included in the MPWSS Technical Specifications do not apply and are superseded by the Special Provisions of this Contract. Technical Specifications Bound Within this Document: Division 1 General Requirements Contractor Quality Control and Owner Quality Assurance Project Record Documents Division 2 Sitework Water Pollution and Erosion Control Dewatering Shoring and Underpinning Sewer Cleaning Cover Soil Fertilizing and Seeding Mulch Division 3 Concrete Grout Precast Concrete Vaults, Manholes, Inlets Division 7 Thermal and Moisture Protection Bituminous Dampproofing Division 15 Mechanical Piping General CIPP Lining of Existing Sewers PVC Pipe and Fittings, Gravity Service

150 Intentionally Left Blank

151 SECTION CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE PART 1: GENERAL 1.1 DESCRIPTION A. This section describes the Contractor quality control testing requirements and Owner s quality assurance program. B. 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 will perform as intended. 1.2 REFERENCES A. The following ASTM publication is a part of this specification. ASTM E 329 Evaluation of Testing and Inspection Agencies as Used in Construction PART 2: PART 3: MATERIALS --- NOT USED EXECUTION 3.1 GENERAL A. The Contractor shall be responsible for quality control tests and inspections to control production and construction processes. Include in the Contractor quality control system an internal organization, plans, and procedures to produce the specified end product. Assure the system covers all construction operations, both on-site and off-site, and is keyed to the construction sequence. Quality control testing frequency is at the Contractor s discretion, except where test frequencies are specifically required elsewhere in these Specifications for individual products. If quality control testing is specifically required by these Specifications, the results of those tests shall be shared simultaneously with the Contractor, Owner and Engineer. Some testing requires the hiring of an independent testing firm as specified. B. Sampling and testing to assure specification conformance are performed by the Owner or the Owner s testing agency as quality assurance testing. C. The Owner may select a testing agency to perform quality assurance testing. If so, the Owner will pay for (or provide) the quality assurance testing. Quality Section CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE Page 1 of 6

152 assurance testing frequency is at the Owner s discretion for individual products. The Owner may not elect to provide quality assurance testing if a reputable independent testing firm is providing the quality control testing for the Contractor, and the results are shared simultaneously with the Contractor, Owner and Engineer. D. Quality control tests required of the contractor include, but are not limited to, the following tests. Costs associated with these tests shall be paid by the Contractor. All tests requiring the services of a laboratory to determine compliance with the Contract Documents shall be performed by an independent professional testing laboratory, acceptable to the Engineer, and paid for by the Contractor. 1. Initial aggregate quality tests including: stripping tests, volume swell tests, fracture tests, wear tests, sand equivalency and soundness tests on proposed aggregate sources if not taken from a previously-accepted source (with evidence that the aggregate meets these specifications and can be provided to the Engineer). 2. Moisture-density curves of the different types of subgrade, subbase, base courses, and trench backfill material encountered or supplied. 3. Nuclear Densometer compaction testing, performed by a qualified independent testing agency, of the subgrade, subbase, base course, asphalt pavement, and trench backfill materials to establish and maintain the compactive effort required to meet the compaction specifications. Quality control testing is performed following the standards and frequency in the technical specifications for individual products, or as follows: The following minimum compaction testing procedures shall apply to all utility and roadway construction projects. A professional engineer, or his designated representative, at Contractor s expense, shall be retained to provide the following tests and frequency. Random longitudinal test locations are required. The following are minimum compaction test requirements. For project areas containing less than 300 linear feet of improvements, a minimum of one compaction test for each improvement shall be required for the improvements listed below. Utility Trenches and Underground Structures: Density test shall be taken upon the first lift of the trench backfill material above the pipe and at every two (2 ) feet vertically through the trench and at the surface. A test series consists of the multiple tests, beginning at eighteen (18 ) inches above the pipe, every two feet vertically through the trench and at the surface as required. Section CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE Page 2 of 6

153 Horizontal Frequency: Utility Main At least one field density test series for every 200 lineal feet of utility main and at every road crossing. Service Lines At least one field density test series for every service line per utility type. Open Pit At least one field density test series for every manhole, water valve, storm inlet, curb inlet, vault, etc.) Each test location shall be separated horizontally from a prior test location. Road and Parking Area Subgrade: Gradation test and proctor submitted to Engineer for each existing material type encountered. At least one field density test every 4,000 square feet per lift. Subbase Course: One gradation test for every 200 cubic yards of material placed. Proctor submitted to Engineer for each material type. At least one field density test every 4,000 square feet per lift. Base Course: One gradation test for every 200 cubic yards of material placed. Proctor submitted to Engineer, for each material type. At least one field density test every 4,000 square feet per lift. Asphalt Pavement: Asphalt mix design submitted to Engineer. Gradation test shall be required for all projects planned to exceed 500 tons of asphalt. Gradation test shall be conducted for each 1,000 tons or days production, whichever is less. 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. Section CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE Page 3 of 6

154 At least one field density test series for every 1,000 tons of asphalt or days production, whichever is less. A test series consists of three cores in various, random locations upon the asphalt to determine thickness and density. Site Concrete: Quality control and material testing requirements for all other site work concrete (not buildings) shall include the following: 1. Portland Cement Concrete job-mix formula for any concrete work on the project including, but not limited to thrust blocks, sidewalks, exterior slabs and curb and gutter. 2. The Contractor shall arrange for and pay for an independent laboratory to take and break concrete test cylinders, slump, and air testing as called out in the plans or technical specifications. A minimum of 4 concrete cylinders shall be made and tested for each 100 CY of concrete placed per day. One cylinder shall be tested at 7-days, two at 28-days, and one retained in reserve for later testing if required. E. Testing Results: Results obtained from the Contractor s certified testing lab shall be provided within 2 working days, plus the time normally required to perform the test, and shall be delivered in writing simultaneously to the Contractor, Owner and Engineer. Any delay, in the receipt of these tests shall cause the work to be stopped until results are obtained and analyzed by the Contractor, Owner and Engineer. No concrete or asphalt may be installed until all test results for underlying material have been received and are in accordance with specifications. F. Performance of Tests and Inspections: The Contractor, Owner, Engineer, and representatives of funding and regulatory agencies may perform periodic inspections and tests to determine compliance with the Contract Documents. The Contractor shall provide qualified manufacturer's representation during tests of equipment and special procedures as required by the Contract Documents. G. Acceptance and Rejection of Materials: Acceptance and rejection will generally be determined from tests made of the various subbase, and base courses complete and in-place in the field. While the Owner and Engineer may, during the course of construction, make tests at the source or point of production; it is the responsibility of the Contractor to conduct, control and test his production operations in such a manner that the material produced will meet the Specification requirements. H. Use of Nuclear Densometer for Acceptance Testing: In lieu of the sand cone method of field density determination, acceptance testing of the subgrade, subbase, base course, and trench backfill materials will be accomplished using a Section CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE Page 4 of 6

155 nuclear gage in accordance with ASTM-D I. Inspection: 1. The Contractor shall inspect the work as it is being performed. Any deviation from the requirements shall be immediately corrected. Prior to any scheduled inspection by the Owner or Engineer, the Contractor shall again inspect the work and certify to the Owner and Engineer that he has inspected the work and it meets the requirements of the Contract Documents. 2. The Engineer's representative will observe work and compare the quality of the work with the requirements of the Contract Documents. 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. 3. Should the Engineer incur additional costs to make additional observations as a result of unacceptable work, the Contractor shall reimburse the Owner for additional Engineering fees at the Engineer s billable rates at the time of subsequent inspections. 4. Observation by the Engineer's representative shall not be considered as authorization to proceed with the work. Work progress and the performance of quality work are the Contractor's responsibility. The Engineer's observation is for the purpose of determining what work will be paid for and what work will not be paid for. If the Engineer detects a discrepancy between the work and the requirements of the Contract Documents at any time, up to and including final inspection, such work will not be completely paid for until the Contractor has corrected the deficiency. 5. The work will be subject to review by the Owner, and regulatory agencies, 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. J. Independent Services provided by the Contractor: The Contractor shall provide the following services at no additional cost to the Owner: 1. Field location of existing utilities involved in the work. 2. Preparation and certification of all required shop drawings and submittals. 3. Maintenance of project drawings which shall be accurately marked up with changes and conveyed to the Engineer at the completion of construction. 3.2 CONTRACTOR COOPERATION WITH QUALITY ASSURANCE AGENCY A. Assure the Owner s personnel and quality assurance agency personnel have access to all work areas at all times work is in progress. Provide any special facilities or equipment to access work areas at Contractor s expense. Section CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE Page 5 of 6

156 B. Notify the Engineer of the work ready for quality assurance testing. Establish and update the construction schedule to provide the Engineer estimated sampling/testing dates and times. 3.3 PAYMENT FOR TESTING A. The Contractor shall arrange and pay for all quality control testing required in these specifications, including the cost of hiring an independent testing laboratory as necessary. B. The Owner will pay for any/all quality assurance testing costs, if required. END OF SECTION Section CONTRACTOR QUALITY CONTROL AND OWNER QUALITY ASSURANCE Page 6 of 6

157 SECTION 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 Section PROJECT RECORD DOCUMENTS Page 1 of 1

158 Intentionally Left Blank

159 SECTION WATER POLLUTION AND EROSION SEDIMENTATION CONTROL PART 1: GENERAL 1.1. WATER RESOURCES AND STORM WATER DISCHARGE A. The Contractor shall monitor construction activities to prevent pollution of surface and ground waters. Toxic or hazardous chemicals shall not be applied to soil or vegetation unless otherwise indicated. The Contractor shall monitor all water areas affected by construction activities. For construction activities immediately adjacent to impaired surface waters, the Contractor shall be capable of quantifying sediment or pollutant loading to that surface water when required by State or Federally issued Clean Water Act permits. For more specific guidelines and regulations the Contractor shall refer to the Erosion and Sediment Control Best Management Practices Field Manual (FM) as published by the Montana Department of Transportation. 1.2 EROSION, SEDIMENT CONTROLS, AND WETLANDS A. Wetlands 1. The Contractor shall not enter, disturb, destroy, place fill into, or allow discharge of contaminants into any wetlands except as specifically authorized herein. The Contractor shall be responsible for the protection of wetlands within and surrounding the Project area. Authorization to enter specific wetlands identified shall not relieve the Contractor from any obligation to protect other wetlands within, adjacent to, or in the vicinity of the construction site and associated boundaries. B. Erosion and Sediment Control 1. The Contractor shall be responsible for providing erosion and sediment control measures in accordance with Federal, State, and local laws and regulations. The erosion and sediment controls selected and maintained by the Contractor shall be consistent with the following: a. Preservation of Existing Vegetation. The Contractor shall keep site disturbance to a minimum in order to reduce erosion; preserving natural vegetation on steep slopes and near critical areas such as wetlands. (Refer to FM SS-2) b. Straw Mulch. The Contractor shall place a uniform layer of straw (certified weed free) and incorporate it into the soil with a studded Section WATER POLLUTION AND EROSION SEDIMENTATION CONTROL Page 1 of 4

160 roller or anchor it with a tackifier. Straw will not be placed on the traveled way, sidewalks, lined drainage channels, or existing vegetation and will not be placed during or immediately after rainfall. (Refer to FM SS-6) c. Geotextiles, Plastic Covers, and Erosion Control Blankets/Mats. The Contractor shall place protective coverings on steep slopes to prevent erosion and hold seed in place in order to re-establish vegetation. This BMP has particular application to on-site material Stockpiles left undisturbed for a period of more than 5 working days. (Refer to FM SS-7) d. Rock Lined Ditch. Once final grading is complete, but prior to placement of the paved surface, fractured rock shall be placed along the bottom of all ditches meeting the criteria as indicated in the ESC Plan Detail sheets, to reduce post-developed runoff velocities and channel scouring (Refer to FM SS-9) e. Temporary Outlet Protection/Velocity Dissipation Devices. The Contractor shall place outlet protection/velocity dissipation devices at pipe outlets to prevent scour and reduce the velocity and/or energy of existing storm water flows. (Refer to FM SS-10) f. Permanent Outlet Protection/Velocity Dissipation Devices. The Contractor shall place outlet protection/velocity dissipation devices at pipe outlets to prevent scour and reduce the velocity and/or energy of post-developed storm water flows as shown in the ESC Plan details. Native plantings shall also be incorporated as shown in these details. g. Silt Fence. The Contractor shall install silt fence at the base of all fill slopes and below the downstream end of culverts to filter sand and silt from low velocity overland flows, allowing water and fine sediment to pass through the fabric. Silt Fence must be inserted into the ground and placed into a trench that is then firmly compacted with backfill material. Silt fence will be a minimum of 30-inches high and 100% biodegradable. (Refer to FM SC-1) h. Check Dams. The Contractor shall install check dams in locations as indicated on the ESC Plans after road and utility construction is complete to reduce post-developed runoff velocities and channel scouring. Such facilities must be examined by the Contractor and necessary maintenance provided following larger rainfall events. (Refer to FM SC-4). i. Fiber Rolls. The Contractor shall install fiber rolls in all locations where the exposed length of constructed fill slopes exceeds 15-feet to intercept sediment from sheet flow. When the project is complete, the Contractor shall slit the tube and distribute the contents in place to act as mulch. The erosion control blanket shall be removed and disposed of off-site. (Refer to FM SC-5) Section WATER POLLUTION AND EROSION SEDIMENTATION CONTROL Page 2 of 4

161 j. Street Sweeping and Vacuuming. If determined by the Engineer that Stabilized Construction Entrances/Exits are not adequate by themselves in preventing the tracking of mud and dirt onto public roads, the Contractor will be directed to provide street sweeping and vacuuming. Sweeping and vacuuming shall not occur when soil is wet or muddy, and kick brooms or sweeper attachments are not allowed. The Contractor should consider incorporating the removed sediment back into the Project if not mixed with debris or trash. (Refer to FM SC-7) k. Straw Bale Barriers. The Contractor shall place straw bale barriers across minor swales and ditches and around above grade temporary concrete washouts as described in Concrete Waste Management. Limit slope length draining to the straw bale barrier to 100-feet. Slopes of 50:1 or flatter are preferred, but if the slope exceeds 10:1 the length of slope upstream of the barrier must be less than 50-feet. Straw bale barriers may be removed from constructed ditches once either vegetation has been established or once rock check dams and rock lined ditches have been constructed. (Refer to FM SC-9) l. Stabilized Construction Entrance/Exit. The Contractor shall install Stabilized Construction Entrances/Exits at all points where construction equipment is provided ingress/egress to the site thereby reducing the tracking of mud and dirt onto public roads. (Refer to FM TC-1) m. Stabilized Driving Surface. Once final grading is complete, all roadways not anticipated to receive a paved driving surface within 15 working days, the Contractor shall place 6-inches of 2 to 4 rock to prevent erosion. The Contractor shall remove this rock prior to placement of the roadway structural section to the extent as is practical. n. Vehicle and Equipment Fueling. The Contractor shall implement practices and procedures to minimize or eliminate the discharge of fuel spills and leaks into the storm drain system or to watercourses as consistent with the Erosion and Sediment Control Best Management Practices Field Manual as published by the Montana Department of Transportation. The Contractor shall designate an area(s) to be used, subject to the approval of the Engineer. (Refer to FM NS-9) o. Stockpile Management. The Contractor shall cover and or protect non-active stockpiles with soil stabilization measures and a temporary perimeter sediment barrier at all times. Such procedures reduce or eliminate pollution of storm water from stockpiles of soil and paving materials. Stockpiles shall be located away from concentrated flows of storm water, drainage courses and inlets. (Refer to FM WM-3) p. Concrete Waste Management. The Contractor shall designate an Section WATER POLLUTION AND EROSION SEDIMENTATION CONTROL Page 3 of 4

162 area(s) to be used, subject to the approval of the Engineer, as on-site temporary concrete washout facilities. Concrete waste management practices are implemented on construction projects where concrete is used as a construction material. Such procedures and practices are implemented to minimize or eliminate the discharge of concrete waste materials to the storm drain system or to watercourses. (Refer to FM WM-8) q. Limited Equipment Size. The Contractor shall minimize the size of equipment that is used in critical areas as designated on the Plans. r. Construction Fencing. The Contractor shall fence all critical areas accessible from the project site to prevent disturbance from construction activity. s. Landscape Plan. The Contractor shall put in a place a postdevelopment landscape plan as permanent erosion and sediment control in any disturbed areas. PART 2: PART 3: PRODUCTS NOT USED EXECUTION NOT USED END OF SECTION Section WATER POLLUTION AND EROSION SEDIMENTATION CONTROL Page 4 of 4

163 SECTION DEWATERING PART 1: GENERAL 1.1 DESCRIPTION A. Site dewatering consists of the dewatering necessary to construct the work as specified, including all trench work, excavation, embankment, materials installation and compaction. Some suggested methods include, wells, trash pumps, sandpoint wells, french drains, interceptor drains, and pumped trenches. B. Existing conditions can include high surface water levels, shallow groundwater, artesian flow, clay and sandy gravel at most excavation locations. The Contractor shall be prepared to conduct dewatering for all excavation and backfill work. Dewatering will continue in the area of excavation and backfill sufficient to keep the trench and installed items, including bedding, clean and dry (no ponded water) until the structure has been fully backfilled. Special requirements for sediment control may be enforced for the work. C. The Contractor is responsible to assure and verify any work completed in saturated conditions is completed as shown on the drawings. 1.2 SUBMITTALS A. The following submittals for construction shall be made in accordance with the project submittal requirements. 1. Complete dewatering plans, including methods, sequencing, equipment (pumps, wells, etc.), locations, plan sketches and schedules. The dewatering submittal includes all information required for applicable permitting. 2. Owner review of the dewatering submittal does not relieve the Contractor from responsibility, including for errors, omissions, or deviations from Contract requirements. 1.3 PROJECT CONDITIONS A. Perform site survey, research public records, and verify existing conditions. B. Verify that the planned dewatering system may be installed in compliance with original design, permitting/approval requirements and these specifications. Section DEWATERING Page 1 of 2

164 C. Site Information: To assist the Contractor in developing a dewatering plan, geotechnical reports are available for review. Reports on subsurface condition investigations made during the design of the Project are available for informational purposes only; data in reports are not intended as representations or warranties of accuracy or continuity of conditions. Owner assumes no responsibility for interpretations or conclusions drawn from this information. For this project, expect conditions requiring dewatering at all excavation locations. 1.4 SEQUENCING AND SCHEDULING A. The Contractor shall schedule his dewatering to keep all uncompleted work in dry conditions. Dewatering shall, at a minimum, be sufficient to keep the bottom of the trench (below the installed bedding or riprap) dry until materials are installed. B. Dewatering shall be continuous as specified including working hours, nonworking hours, nights, weekends, and holidays. PART 2: PART 3: MATERIALS - NOT USED EXECUTION - NOT USED END OF SECTION Section DEWATERING Page 2 of 2

165 SECTION SHORING & UNDERPINNING PART 1: GENERAL 1.1 DESCRIPTION A. Section includes. Temporary Shoring for structure excavations. B. Related Sections. Section(s) related to this section include: 1. Excavating (excavating to working level). Division 2 Earthwork Sections. 2. Geotechnical Report and Recommendations (Included in the construction documents package). 1.2 SYSTEM DESCRIPTION A. Requirements. The contractor shall select the system to be used for temporary shoring of the excavations. The work shall consist of design, supply, fabrication, installation, maintenance and removal of temporary shoring. 1.3 SUBMITTALS A. Submit design criteria and shop drawings that are stamped, signed and dated by a Professional Engineer registered to practice in the State of Montana. B. Include the following information. 1. Proposed method of excavation shoring. 2. Details of embedment, bracing and connections. 3. Locations of clearances of existing site utilities and structures. 4. Product data, including manufacturer's product sheet, for specified products, used. C. The shoring method used must meet all OSHA requirements. All shoring materials must be removed after completion of the work. D. Quality Assurance Submittals. 1. Proof that the above noted temporary shoring have been constructed in accordance with the Professional Engineer s Shop Drawings and Section SHORING AND UNDERPINNING Page 1 of 2

166 specifications. This proof shall be in the form of a letter bearing the seal of the Professional Engineer certifying the temporary works are in accordance with his/her design and that he/she has carried out a personal inspection of the temporary works. 2. Manufacturer's Instructions. Manufacturer's installation instructions. 1.4 QUALITY ASSURANCE A. Installer Qualifications. Installer experienced in performing work of this section who has specialized in installation of work similar to that required for this project. PART 2: PRODUCTS 2.1 AS DETERMINED BY CONTRACTORS DESIGN PART 3: EXECUTION 3.1 MANUFACTURER S INSTRUCTIONS A. Compliance. Comply with manufacturer's product data, including product technical bulletins. 3.2 PREPARATION A. Preparation. Use approved placement method which will not cause damage to nearby structures and utilities. 3.3 INSTALLATION: COMPLY WITH APPROVED SUBMITTAL. 3.4 FIELD QUALITY REQUIREMENTS A. Site Tests. As determined by Contractors design. B. Inspection: Field. As determined by Contractors design END OF SECTION Section SHORING AND UNDERPINNING Page 2 of 2

167 SECTION SEWER CLEANING PART 1: GENERAL 1.1 DESCRIPTION A. Scope. 1. This section specifies the requirements for cleaning and removing roots and grease in the existing sewers noted on the Drawings. B. Requirements. 1. The Contractor shall clean existing sediment, debris, roots, scale, encrustations, and grease accumulations from the specified sewer lines. All materials dislodged during cleaning shall be removed from the work area and hauled to an approved disposal site. The Contractor shall TV the sections of sewer after cleaning to ensure complete removal of all obstructions. C. Submittals. 1. A letter identifying the methods the Contractor plans to employ to remove obstructions throughout the specified sewer lines shall be submitted to the Engineer prior to cleaning. The letter shall include a detailed explanation of the cleaning process and a schedule of activities, references where the Contractor has used the identified cleaning method successfully in the past and a list of the actions Contractor plans to take to mitigate impact to the public during the cleaning operation. PART 2: MATERIALS 2.1 CHEMICAL ADDITIVES A. No chemicals shall be used without written approval of the Engineer. In no case shall any chemical additive be used which might be considered hazardous or might be considered detrimental to organisms or equipment of a wastewater treatment plant, or detrimental to old or new pipe materials. PART 3: EXECUTION 3.1 GENERAL Section SEWER CLEANING Page 1 of 2

168 A. The Contractor shall at all times conduct the work so as to prevent any blockage and minimize surcharging in the sewer manholes and connecting sewer lines. Damage to existing facilities as a result of the Contractor s work shall be promptly repaired at the Contractor s expense. 3.2 SEWER CLEANING A. Cleaning shall remove all sediment, rocks, debris, roots, grease accumulations and obstructions from the specified sewer lines. Cleaning of the sewer walls shall remove all grease, scale, and encrustations. Sewer cleaning methods may include high-pressure washing, mechanical removal, sand blasting of the walls, or other methods approved by the Engineer. B. Any sediment or debris from cleaning operations larger than U.S. #8 sieve shall not be deposited downstream in the sewer main. Sedimentation deposited downstream, as determined by the Engineer, shall be removed at no cost to the Owner. The Contractor shall be thoroughly familiar with all phases of sewer line cleaning to ensure the completion of the work without causing a health hazard or damage to the existing sewage system, public and private properties. C. The Contractor shall clean the sewer so that there are no visible rocks, debris, roots, and grease accumulation remaining in the sewer lines. The Contractor shall TV the cleaned sewer lines to ensure complete removal of obstructions to the satisfaction of the Engineer. 3.3 DISPOSAL OF SEDIMENTS A. The Contractor shall be responsible for transporting and disposing, including all disposal fees, of any sediments and material removed from the sewer lines. B. All sediment and debris removed from the sewer lines shall be removed off-site in a lawful manner. Hauling containers shall be watertight. On-site stockpiling of removed material will not be permitted. C. The Contractor is responsible for obtaining all necessary permits, fees, and approval from all regulatory agencies required to perform the work, including transport of sediments to an approved off-site location. END OF SECTION Section SEWER CLEANING Page 2 of 2

169 SECTION COVER SOIL PART 1: GENERAL 1.1 DESCRIPTION A. Topsoil shall be called cover soil after it has been excavated and shall be used to cover all areas to be seeded. Actual thickness of salvaged soil is variable and will be field determined during construction. B. Salvage and Replace On-Site Cover Soil Source: This work consists of site development, excavating, stockpiling, hauling, depositing, spreading, and preparing for seeding all topsoil and subsoil material to be used as cover soil. All cover soil shall be salvaged during excavation and embankment and replaced on constructiondisturbed areas prior to seedbed preparation. 1. All construction disturbed areas shall be revegetated, including road right-ofways. Slopes to receive salvaged soil will not exceed 3:1. Application rates shall be a minimum of 4 inches at all construction disturbed areas to be revegetated. PART 2: MATERIALS 2.1 COVER SOIL A. Topsoil and subsoil shall be excavated to a one-foot depth or as otherwise determined by the Engineer from areas to be disturbed by project construction. The suitable topsoil and subsoil used as cover soil shall be reasonably free of trash, rocks, hard lumps of soil, stumps, or brush. Noxious weeds shall be pulled and disposed of properly before topsoil stripping. Suitable cover soil shall contain sod or soils with adequate amounts of humus and other organic materials to promote plant growth. Cover soil suitability will be determined by the Engineer. Suitable soil salvaged shall be stockpiled from unsuitable soil and shall be stored in a manner to prevent erosion or contamination. PART 3: EXECUTION 3.1 SITE DEVELOPMENT A. Site development performed by the Contractor will include clearing and grubbing as necessary to prepare the soil borrow area for topsoil and subsoil salvage. Clearing Section COVER SOIL Page 1 of 3

170 and grubbing consists of removing and disposing of trees, stumps, brush, roots, rock, logs, timber, debris, and other non-soil material. 3.2 COVER SOIL SALVAGE A. Where visible as distinct strata and greater than 6-inches in thickness, topsoil and subsoil shall be excavated and salvaged in separate operations. The first lift, comprised of existing topsoil, shall be stripped. The second lift, comprised of underlying subsoil, shall then be stripped separately. The exact depths of excavation shall be site specific as determined by visual classification. B. First lift topsoil and second lift subsoil shall be stockpiled in separate piles and shall be located where they will not impair drainage. Stockpiles shall be shaped and smoothed to facilitate measurement of the piles. Where possible, topsoil and subsoil shall be hauled directly to the prepared areas to be covered. C. Materials excavated and stockpiled as described herein shall be removed in an operation separate from other excavation. Care shall be exercised to avoid the incorporation of any deleterious subsoils during this work. 3.3 COVER SOIL PLACEMENT A. Cover soil shall not be placed until the areas to be covered have been properly prepared and all construction work in the area has been completed. All slopes to receive cover soil shall have a rough surface. Smooth slopes to receive cover soil shall have a rough surface. Smooth slopes shall be scarified parallel to the contour to facilitate holding cover soil in place. B. Ordinary sod or soil containing grass roots shall be broken up before being placed. Broken up sod or soil shall be capable of passing a 2-inch sieve opening. C. Cover soil material shall be placed on areas to be covered as the soil occurred naturally, with subsoil (second lift) material placed first and underneath the topsoil (first lift) material. D. As determined by the field Engineer, excess coversoil shall be: 1. Placed in the on-site spoils deposition area; or 2. Used as non-critical embankment; or 3. Used to increase topsoil thicknesses where possible. E. After the cover soil has been spread, all large clods, hard lumps, rocks, large roots over 6 inches in diameter, litter, and other foreign material (exposed iron timbers, etc.) shall be raked up, removed from the seeding areas, and disposed of properly. Section COVER SOIL Page 2 of 3

171 The cover soil shall be brought to a friable condition to an average depth of 4-inches. F. The finished elevation of the topsoil shall match the final grades shown on the Drawings or the original ground elevation over pipe trenches. 3.4 SEEDED PREPARATION A. 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 reviewed by the Engineer. 3.5 SEDIMENT CONTROL A. Sediment control provisions shall be used whenever work is conducted adjacent to, or in drainages or watercourses to control silt in runoff. Adequate silt barriers or sediment traps shall be used to comply with permit conditions and 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. END OF SECTION Section COVER SOIL Page 3 of 3

172 Intentionally Left Blank

173 SECTION FERTILIZING AND SEEDING PART 1: GENERAL 1.1 GENERAL A. This work shall consist of ground surface preparation; furnishing, applying and incorporating fertilizer into the soil; executing Summer Erosion Control Procedures; furnishing and planting seed; mowing; tracking; and cleanup. The work includes permanent seeding. Fertilizer and seed shall be applied to all project areas requiring revegetation. All construction disturbed areas (excluding paved, graveled, and sodded areas) shall be fertilized and seeded, including road right-of-ways. 1.2 SUBMITTALS A. The following submittals for construction shall be made in accordance with project submittal requirements as described in the Supplementary Conditions. 1. Fertilizing and Seeding Materials, Equipment and Methods. 1.3 SEED CERTIFICATION A. Seed certifications shall be submitted to the Engineer prior to any seeding. The Contractor shall also submit a copy of the bill or other documentation from the seed supplier showing actual bulk weights of the individual seed types combined in the mix. The required certifications and documentation shall be provided to the Engineer at least three days prior to seeding. 1.4 INDIGENOUS SEED CERTIFICATION A. Defined by MCA (4): "Indigenous seeds include the seeds of those plants that are naturally adapted to an area where the intended use is for the revegetation of disturbed sites. These species include grasses, forbes, shrubs and legumes." The Contractor must supply the Engineer with all seed bag tags and a certification from the supplier stating that the seed complies with the Federal Seed Act and the Montana Seed Laws (MCA through 305). 1.5 FERTILIZER CERTIFICATION A. Fertilizer shall be delivered in standard size bags of the manufacturer showing weight analysis and manufacturer's name, or in bulk quantities accompanied with written Section FERTILIZING AND SEEDING Page 1 of 8

174 certifications from the manufacturer stating that the fertilizer supplied complies with applicable specifications. PART 2: MATERIALS 2.1 INDIGENOUS SEED A. All seed shall comply with and be labeled in accordance with the Montana Seed Law. MCA (2) states: "Indigenous seeds, as defined in , in amounts of 1 pound or more whether in package or bulk, must be labeled with the following information." (a)... the statement "labeled only for reclamation purposes"; (b)... lot number or other distinguishing mark; (c)... the common name, genus, species and subspecies, when applicable, including the name of each kind of seed present in excess of 5 percent. When two or more kinds of seed are named on the label, the label shall specify the percentage of each. When only one kind of seed is present in excess of 5 percent and no variety name or type designation is shown, the percentage must apply to seed of the kind named. If the name of the variety is given, the name may be associated with the name of the kind. The percentage in this case may be shown as "pure seed" and must apply only to seed of the variety named; (d) state or country of origin; (e) the approximate percentage of viable seed, together with the date of test. When labeling mixtures, the percentage viability of each kind shall be stated; (f) the approximate percentage by weight of pure seed, meaning the freedom of seed from inert matter and from other seeds; (g) the approximate percentage by weight of sand, dirt, broken seeds, sticks, chaff and other inert matter; (h) the approximate total percentage by weight of other seeds; (i) the name and approximate number of each kind of species of prohibited and restricted noxious weed seeds occurring per pound of seed; and (j) the full name and address of the person, firm or corporation selling the seed. B. As listed in the Montana Seed Law, seed shall contain no "PROHIBITED" noxious weed seed. The seed shall contain no "RESTRICTED" noxious weed seed in excess of the maximum numbers per pound as specified by MCA or as specified by the appropriate County Weed Board, whichever is more stringent. The number of seed allowed per pound, for all other noxious weed seeds shown on the "restricted list" will be zero. C. Seed shall be grown in the North American continent above 41 degrees north latitude. Known varieties whose origin is above the 41st parallel but grown below Section FERTILIZING AND SEEDING Page 2 of 8

175 are acceptable. All seed shall be a standard grade adapted to Montana conditions. Seed which has become wet, moldy, or otherwise damaged will not be accepted. D. Calculations of pure "live seed" may be made on the basis of either a germination test or a tetrazolium test in addition to the purity analysis. Seed shall be applied on a pure "live seed" basis. The quantity of pure "live seed" in a 100-pound container shall be determined by the formula: 100 multiplied by germination percentage and this product multiplied by the purity percentage. (For example, if the seed is 85 percent pure and test 90 percent germination, then a 100 percent container would contain 76.5 pounds of pure "live seed.") 2.2 FERTILIZER A. Fertilizer shall be a soluble commercial carrier of available plant food element or combination thereof. The fertilizer shall be in uniform composition and in good condition for application by suitable equipment. It shall be labeled with the manufacturer's guaranteed analysis as governed by applicable fertilizer laws. Any fertilizer which becomes contaminated or damaged, making it unsuitable for use, will not be accepted. 2.3 WATER A. Water used for seeding shall be of irrigation quality and free of impurities that would be detrimental to plant growth. Any water required for seeding or mulching shall be at no additional cost to the Owner. PART 3: EXECUTION 3.1 GENERAL A. Areas to be seeded and fertilized shall be completed, in reasonable conformity, to specified line and grade prior to seeding and fertilizing and approved by the Engineer. B. Slopes and areas finished during the period of October 15 through May 31 shall be top soiled and permanently seeded within this time period. The Contractor must obtain Engineer permission to commence topsoil placement and seeding operations. Slopes and areas finished during the period June 1 through October 14 shall be top soiled in accordance with the Cover Soil Specifications, and mulched or otherwise treated in accordance with the Summer Erosion Control Procedure as specified herein. The permanent seeding of these areas shall then commence during the fall at a time approved by the Engineer. The Contractor shall be required to either mulch or otherwise treat in accordance with the Summer Erosion Control Procedure or permanently seed any topsoil area within 15 days of topsoil placement. Application Section FERTILIZING AND SEEDING Page 3 of 8

176 rates for permanent seeding are shown in this Specification under Seed Rate. C. Seeding of the finished slopes shall require repeated seeding operations until approved by the Owner, and shall not be construed to mean that the required finishing, top soiling, fertilizing, mulching, Summer Erosion Control Procedure, and seeding may be done only once at the convenience of the Contractor. Any additional move-in required will not be paid for separately. D. It is necessary, insofar as it is practical and feasible, that the seedbed surface, at the time of application of seeds, not be excessively wet, snow-covered, or frozen and be reasonably free of large lumps, clods, and impervious crusts of dirt; that there be no appreciable areas of loose soils which can feasibly be compacted; that the surface, to a depth of approximately 4 inches, not be so tightly compacted that seed cannot begin growth. The Contractor shall treat such areas, to attain, as nearly as practical, the condition described. E. If seeding is hampered due to standing vegetation, the vegetation shall then be mowed and left lay after seeding. Mowing shall be done, where terrain permits, with equipment using a cutting blade which rotates in a plane parallel to the ground. Whether alive or dead, the vegetation shall be removed if it will prevent good seeding practice. F. Excessively tight or compacted soils shall be loosened to the minimum depth of 4 inches. Discing, harrowing, or tilling of the soil shall be done at right angles to the natural flow of water on the slopes, unless otherwise approved by the Engineer. Compaction of the soil when required shall be performed by equipment which will produce a uniform rough textured surface ready for seeding and mulching. Compacting of loose soils may be required by the Engineer. 3.2 SEED RATE A. The following application rates for seed are based on the drill seeding method and intended for seeding areas not to be used as lawn. When the broadcast seeding method or the hydraulic seeding method is used, the application rates listed below must be doubled at no additional cost to the Owner: Section FERTILIZING AND SEEDING Page 4 of 8

177 Common Scientific Variety Seed Mix (lb. PLS/acre)* Bluebunch wheatgrass Agropyron spicatum Secar 4.0 Thickspike wheatgrass Agropyron dasystahyum Critana 3.0 Streambank wheatgrass Agropyron riparian Sodar 4.0 Basin wildrye Elymus cinereus Magnar 3.0 Sheep fescue Festuca ovina Covar 5.0 Total 19.0 *Pounds "pure live seed" per acre. B. The following application rates for seed are based on the drill seeding method and intended for seeding areas to be used as lawn. When the broadcast seeding method or the hydraulic seeding method is used, the application rates listed below must be doubled at no additional cost to the Owner: Common Scientific Variety Seed Mix (lb. PLS/acre)* Perennial Ryegrass Lolium perenne Tonga 5.0 Kentucky Blue Grass Poa pratensis Ginger 5.0 Canada Blue Grass Poa Compressa Reubens 5.0 Creeping Red Fescue Frestuca rubra Inverness 5.0 Total 20.0 *Pounds "pure live seed" per acre. Section FERTILIZING AND SEEDING Page 5 of 8

178 3.3 APPLICATION OF FERTILIZER A. Fertilizer Rate: 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 cover soil as called for herein, or concurrently with the seed (as "notill" drills allow). 1. All areas shall be fertilized with an inorganic chemical fertilizer with the following nutrients: a. Nitrogen (Elemental) 40 lbs/acre b. Phosphorus (P205) 60 lbs/acre c. Potassium (K20) 30 lbs/acre 2. 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 (P205) and potash (K20) in that order. B. Mechanical or hydraulic methods of application are acceptable so long as a uniform application at the specified rate is accomplished. Fertilizer shall be applied prior to seeding. The application method is subject to the submittal review process. C. The fertilizer shall be incorporated into the soil by discing, raking, or shallow plowing to the full depth of the topsoil or to a maximum depth of 6 inches, whichever is less. Exceptions will be made for seed drills that are capable of incorporating the fertilizer and seed directly into the seedbed. In no instance shall subsoil be incorporated into the seedbed as a result of this operation. Fertilizer shall be incorporated with equipment operated at right angles to the slope of the land. D. If the Contractor is required to perform the Summer Erosion Control Procedure, fertilization will be completed at the time of permanent seeding. The application methods and methods for incorporating the fertilizer into the seedbed shall be specified herein. 3.4 SEED DISTRIBUTION A. Seed shall be applied to the conditioned seedbed no longer than 48 hours after the seedbed has been conditioned. Broadcast or hydraulic seeding methods shall not be used during adverse weather as determined by the Engineer. The applied seed, regardless of the method of application, shall not be covered by a soil thickness greater than 1/2-inch in depth. B. Seeding by Drill. Seeding equipment used for applying grass seed must be designed, modified or equipped to regulate the application rate and planting depth of grass seed. If equipment for sowing cover crop seed is not equipped with press wheels, the Section FERTILIZING AND SEEDING Page 6 of 8

179 seed shall be compacted with a cultipacker immediately after the ground has been drilled. Seed must be uniformly distributed in the drill hopper during the drilling operation. Acceptable drills are: custom seeders, furrow drills, disc drills, or no till drills. All grass establishment equipment shall be operated normal to the slope drainage. 1. Planting depth shall be regulated by depth bands or coulters. The drill box shall be partitioned by dividers no more than 24 inches apart, in order to provide for more even distribution on sloping areas. A drill shall be no wider than the width of the area over which it is to operate. 2. The rows of planted seed shall be a maximum of 8 inches apart and shall be at right angles to the natural slopes. C. Broadcast Seeding. Seeding by hand or mechanical broadcasting will be permitted on areas inaccessible to drills or impractical to seed by other prescribed methods. Broadcast seeding requires the approval of the Engineer. D. Hydraulic Seeding. Hydraulic seeding equipment may be used. Seed and mulch will be applied in separate and distinct operations except for the following: 1. When using the hydraulic seeding method, the Contractor must provide 1 pound of wood fiber or organic mulch per each 3 gallons of water in the hydraulic seeder as a cushion against seed damage. The mulch used as a cushion may be part of the total required mulch with the remainder applied after the seed is in place. 2. When hydraulically applying mulch in a separate operation, the Contractor may mix the seed with the fertilizer if his hydraulic seeding equipment is capable of uniformly mixing water, fertilizer, and seed--in that order--and power blowing or spraying the mixture uniformly over the seedbed. THIS OPTION OF MIXING FERTILIZER AND SEED WITH MULCH MAY ONLY BE APPLIED ON SLOPES STEEPER THAN 2:1. After blending, the slurry shall be applied to the seedbed within 45 minutes after the seed has been added to the water/fertilizer mixture. If the slurry cannot be applied within the specified 45 minutes, it shall be fortified, at no cost to the Owner, with the correct ratio of seed to the remaining slurry and a new 45-minute time frame established for applying the fortified mixture. 3. The Contractor will be required to use extension hoses to reach the extremities of slopes. 4. The Contractor shall remove any equipment tracks on the seedbed prior to final mulching. The Contractor shall use a rake, small harrow, or other acceptable means to remove the tracks. Section FERTILIZING AND SEEDING Page 7 of 8

180 3.5 TRACKING A. Tracking will be required on hydroseeded or broadcast areas where mulch crimping cannot be accomplished and where hydromulching will be accomplished. Exceptions will be allowed for small areas (0.1 ac.) not accessible to hydroseeding equipment. B. Tracking shall be accomplished using a tracked vehicle equipped with grousers sufficient to groove the surface to at least 1/2-inch. The tracking vehicle shall be operated so as to completely cover the surface with grouser marks. All grousers marks shall run perpendicular to the natural slopes. The tracking vehicle shall be operated alternately between forward and reverse on each pass to eliminate damage to the seedbed resulting from 180 degree skid turns. C. If the area is seeded by hydraulic methods, tracking of the slopes shall be done at such time when the surface has had sufficient time to dry. The length of time established will be at the discretion of the Engineer. 3.6 SEEDING DATES A. Seeding shall be permitted from October 15 through April SUMMER EROSION CONTROL PROCEDURE A. In the event the construction is completed after April 30 but before October 15, cover-soiled areas shall then be either mulched immediately with a vegetative mulch of straw or hay, applied at a rate of 2,000 pounds per acre or a soil stabilizer applied at the manufacturer's recommendation with a hydroseeder. The mulch shall be anchored into the seedbed. A "no-till" drill with "no-till" coulters may be used to seed and fertilize directly into the mulched areas during permanent seeding after the October 15 date. If a "no-till" drill (Brillion seeder, or equal) will not be utilized for permanent seeding, the seedbed preparation, fertilizing, seeding and mulching must be conducted in addition to and after Summer Erosion Control Procedure mulch application. Areas treated with a soil stabilizer must also follow the provisions, after the October 15 date, for permanent seeding. B. Cost for all summer erosion control installations will be considered incidental. No additional compensation will be allowed for this work item. END OF SECTION Section FERTILIZING AND SEEDING Page 8 of 8

181 SECTION MULCH PART 1: GENERAL 1.1 DESCRIPTION A. This work shall consist of covering and processing specified seeded areas with a mulch of the stipulated materials. Mulch shall be applied to all project areas requiring revegetation. 1.2 SUBMITTALS A. The following submittals for construction shall be made in accordance with the project submittal requirements as described in the Supplementary Conditions. 1. Manufacturer's specifications and material content for mulch products. 2. Manufacturer's recommended application methods and rate. 3. Vegetative mulch source and weed-free certification. 1.3 MULCH TYPE AND RATE A. The Contractor shall use Vegetative Mulch, or Wood Fiber Mulch and Tackifier. B. Vegetative Mulch. A grass hay or straw mulch shall be applied at a rate of 2,000 pounds per acre in those areas which are to be seeded with the Seed Mix. Grass hay or straw mulch shall be anchored by a mulch tiller (crimper). C. Wood Fiber Mulch shall be applied at a rate of 2,000 pounds per acre in those areas which are to be seeded. D. Tackifier shall be applied with all hydromulched areas at the manufacturer's recommended rate of 40 pounds per acre for slopes flatter than 2:1 and 80 pounds per acre for slopes 2:1 or steeper. PART 2: MATERIALS 2.1 VEGETATIVE MULCH A. This type of mulch material shall be composed of grass hay, wheat straw, rye straw, or barley straw, in that order of preference. Section MULCH Page 1 of 5

182 B. Grass Hay. This type of mulch material shall be composed primarily of perennial grasses at least 10 inches. The grass hay mulch shall contain greater than 70 percent grass by weight and shall not contain greater than 10 percent alfalfa, crested wheatgrass or yellow sweet clover. Grass hay is subject to the submittal review process and must be "Montana Noxious Weed Seed Free Hay" provided by a certified supplier. C. Straw. This type of mulch material shall be clean grain straw, at least 10 inches, shall be "Montana Noxious Weed Seed Free" straw and shall not contain greater than 5 percent cereal seed by weight, (i.e., seed heads). Written confirmation from a certified supplier will be required. D. Chopped or ground material is not acceptable. The mulch material is not acceptable if it is musty, moldy or rotted, or if it contains seed bearing stalks of noxious weeds. It shall be free of stones, dirt, roots, stumps or other foreign material. 2.2 WOOD FIBER MULCH A. Wood fiber mulch shall consist of specially prepared wood fibers and shall be processed in such a manner that it will not contain any growth or germination inhibiting factors. Fiber shall not be produced from recycled material such as sawdust, paper, cardboard, or residue from pulp and paper plants. The fiber shall be dyed an appropriate color to facilitate visual metering during application. The mulch shall be of such a consistency that after being combined in a slurry tank with water and other approved additives, the fibers in the material will be uniformly suspended to form a homogeneous slurry. During application the material shall produce a matlike net covering the grass seed. Wood fiber shall be supplied in packages. Each package shall be marked by the manufacturer to show the air-dry weight content. If requested by the Owner, the Contractor shall submit a signed statement certifying that the material furnished has been laboratory and field tested and that it meets requirements and intents specified. Wood fiber mulch shall be as manufactured by Weyerhaeuser Company, or approved equal. 2.3 TACKIFIER A. Tackifier shall be a biodegradable organic formulation processed specifically for the adhesive binding of mulch. The tackifier shall uniformly disperse when mixed with water and not be detrimental to the homogeneous properties of the mulch slurry. Any tackifier which has been moisture damaged or damaged by other means will not be acceptable. Tackifier may be added either during the manufacturing of the mulch or incorporated during mulch application. B. Organic soil and mulch tackifier for use in hydraulically planting of grass seeds, flowers, or woody tree seeds, or stolen, either alone or in combination with fertilizer, Section MULCH Page 2 of 5

183 wood fiber mulch and other approved additives, shall consist of specifically blended compatible hydrocolloids. Starch-based tackifiers are unacceptable. C. The soil and mulch tackifier shall be supplied in easily disposable packages containing 5, 20, or 40 pounds of material having an equilibrium air-dry moisture content at time of manufacture of 8 percent, plus or minus 2 percent, with a minimum water-holding capacity of 6-1/2 times by weight of dry material. D. The organic soil and mulch tackifier shall have the additional characteristics of hydrating and dispersing in circulating water to form a homogeneous slurry and remain in such a state in the hydraulic mulching unit, or adequate equal, with the specified, or other approved materials. E. Soil and mulch tackifier shall be applied at a minimum rate of 40 pounds per acre on slopes 2:1 or flatter, or at 80 pounds per acre, or more on slopes steeper than 2:1, or at submitted manufacturer's recommendations. F. When applied, the organic soil and mulch tackifier shall form a loose chain-like protective film, but not a plant inhibiting membrane, which will allow moisture to percolate into the underlying soil, while helping "stick" seeds, fertilizer and other specified materials to the soil surface during germination and initial seedling growth, after which the organic soil and mulch tackifier shall break down by microbial action. PART 3: EXECUTION 3.1 GENERAL CONSTRUCTION A. Mulch, when required, must be applied to seeded areas not more than 24 hours after seeding regardless of the type used. If the Contractor does not mulch within 24 hours after seeding, the Contractor may be required to re-seed the project at no additional cost to the Owner. Mulch shall not be applied in the presence of free surface water, but may be applied upon damp ground. Mulch shall not be applied to snow-covered ground surfaces. B. Mulch shall not be applied to areas having a substantial vegetative growth, such as grasses, weeds and grains. Mulching shall not be done during adverse weather conditions or when wind prevents uniform distribution. Application, if after seeding, shall be in a manner to not seriously disturb the seedbed surface. All roadway structures and facilities shall be protected and kept undamaged from application of bituminous material and other operations. Any such material deposited on such structures or facilities shall be removed, at the expense of the Contractor. C. Additional mulching may be required in accordance with summer erosion control procedures as noted in Section 02931, FERTILIZING AND SEEDING. Section MULCH Page 3 of 5

184 D. The Contractor shall remove any equipment tracks on the seedbed prior to final mulching. The Contractor shall use a rake, small harrow or other acceptable means to remove the tracks. 3.2 APPLICATION OF VEGETATIVE MULCH A. Vegetative mulch shall be applied after seeding and fertilizing is completed. The mulch shall be applied in a uniform manner by a mulch spreader, at the rate specified. The mulch spreader shall be designed specifically for this type of work. The vegetative material shall be fed into the mechanical mulch spreader at an even, uniform rate. B. When asphalt or a tackifying agent is used as a binder for vegetative mulch, it shall be applied at the rate specified. It shall be evenly distributed over the vegetative material as it emerges from the blower discharge or it may be hydraulically applied directly following mulch application. Uneven distribution, caused by inadequate power or improperly adjusted equipment, poor workmanship, erratic material feed or discharge, or similar causes within the Contractor's control, shall be corrected. The quantity of asphalt or tackifying agent specified is subject to increase or decrease as determined in the field by the Engineer. C. Straw or native hay shall be uniformly spread at the rate specified. Unless otherwise authorized by the Engineer, straw or hay shall be anchored into the seedbed by using a mulch crimper. Straw or hay shall have a minimum length of 10 inches and shall be pliable. If straw breaks during crimping, it shall be sprinkled with water, not soaked, to facilitate placement. D. The mulch crimper, specifically designed for this type of work, shall have round, flat (not angled), notched blades of these approximate dimensions: 1/4-inch thick by 18 inches in diameter and spaced 8 inches apart. The crimper shall have sufficient weight to force the vegetative mulch a minimum of 3 inches into the soil and shall be equipped with disc scrapers. Mulch crimping shall be done on all slopes capable of being safely traversed by a tracked vehicle. All mulch crimping shall be done perpendicular to the flowline of the slope. 3.3 APPLICATION OF WOOD FIBER MULCH A. Wood fiber mulch or organic mulch shall be applied by means of hydraulic equipment which utilizes water as the carrying agent. A continuous agitator action, that keeps the mulching material and approved additives in uniform suspension, must be maintained throughout the distribution cycle. The pump pressure shall be capable of maintaining a continuous non-fluctuating stream of slurry. The slurry distribution lines shall be large enough to prevent stoppage. Section MULCH Page 4 of 5

185 B. The discharge line shall be equipped with a set of hydraulic spray nozzles which will provide an even distribution of the mulch slurry to the seedbed. Mulching shall not be done in the presence of free surface water resulting from rains, melting snow, or other causes. C. The Contractor shall start at the top of the slope and work downward. If necessary, he may be required to use extension hoses to reach the extremities of slopes. END OF SECTION Section MULCH Page 5 of 5

186 Intentionally Left Blank

187 SECTION GROUT PART 1: GENERAL 1.1 WORK INCLUDED A. This section covers the uses of grout in the manholes and where indicated on the Drawings. 1.2 SUBMITTALS A. The following submittals for construction shall be made in accordance with the project submittal requirements as described in the Supplementary Conditions. 1. Manufacturer's information indicating the application, formulation, and installation procedures for each brand and type of grout to be used. 1.3 PRODUCT HANDLING A. Delivery of Materials. The Contractor shall deliver all materials to the job site in original, new and unopened containers bearing the manufacturer's name and label showing at least the following information: 1. Name or title of the material. 2. Federal Specification number, if applicable. 3. Manufacturer's stock number. 4. Manufacturer's name. 5. Contents by volume for major constituents. 6. Handling instructions. 7. Application instructions. B. Storage of Materials. The Contractor shall provide proper storage to prevent moisture contamination of, damage to, and deterioration of grout materials. C. Protection. The Contractor shall use all means necessary to protect the materials in this section before, during, and after installation to protect the work and materials of all other trades. PART 2: MATERIALS 2.1 NON-SHRINKING GROUT Section GROUT Page 1 of 4

188 A. Non-shrinking grout shall be Sika Grout 212, or equal. 2.2 EPOXY GROUT A. Adhesive. Two-component liquid equal to Thermal-Chem "Mortar Resin Product No. 3," Minwax "Por-Rok Epoxy Grout." B. Aggregate. As recommended by the epoxy grout manufacturer. 2.3 QUICK SETTING HYDRAULIC CEMENT A. Quick setting hydraulic cement shall be SikaSet Plug, or equal. 2.4 WATER A. Clean and free from deleterious substances. PART 3: EXECUTION 3.1 NON-SHRINKING GROUT A. General. Non-shrinking grout shall be furnished factory-premixed so only water is added at the job site. Grout shall be mixed in a mechanical mixer. No more water shall be used than is necessary to produce a flowable grout. B. Preparation. The concrete foundation to receive non-shrinking grout shall be saturated with water for 24 hours prior to grouting. C. Placement. Grout shall be placed in strict accordance with the directions of the manufacturer so all spaces and cavities below the top of baseplates or against existing concrete slabs or walls are completely filled without voids. Forms shall be provided where structural components of baseplates or launders will not confine the grout. D. Finishing. The grout shall be finished smooth in all locations where the top surface or edge of the grout will be exposed to view after it has reached its initial set. Except where shown to be finished on a slope, the edges of grout shall be cut off flush at the baseplate, bedplate, member, or piece of equipment. E. Curing. Non-shrink grout shall be protected against rapid loss of moisture by covering with wet rags or polyethylene sheets. After edge finishing is completed, the grout shall be wet-cured for at least 7 days. 3.2 EPOXY GROUT Section GROUT Page 2 of 4

189 A. General. Components shall be packed separately at the factory and field mixed. All proportioning and mixing of the components shall be in accordance with the manufacturer's recommendations. B. Preparation. Where indicated on the Drawings, anchor bolts and reinforcing bars shall be epoxy grouted in holes drilled into hardened concrete. Diameters of holes shall be 1/4-inch larger than the maximum dimension of the bolt head, and 1/2-inch larger than the bar diameter. The embedment depth for epoxy-grouted anchor bolts and reinforcing bars shall not be less than 10-bolt or bar diameters unless indicated otherwise on the Drawings. 1. Holes shall be prepared for grouting as recommended by the grout manufacturer. C. Installation. Anchor bolts and reinforcing bars shall be clean, dry, and free of grease or other foreign matter at the time of installation. The bolts and bars shall be set and positioned and the epoxy grout shall be placed and finished in accordance with the recommendations of the grout manufacturer. Particular care shall be taken to insure that all spaces and cavities are filled with epoxy grout, without voids. 3.3 QUICK SETTING HYDRAULIC CEMENT A. General. Contents shall be packaged at the factory and mixed with water in the field to obtain the desired consistency. Proportioning and mixing shall be in accordance with the manufacturer's recommendations. B. Preparation. The concrete area to receive quick setting hydraulic cement should be thoroughly cleaned and lightly dampened just prior to application. C. Installation. The quick setting hydraulic cement shall be placed and finished in accordance with the recommendations of the grout manufacturer. Particular care shall be taken to insure that all spaces and cavities are filled without voids. 3.4 USES OF GROUT A. Non-shrink grout shall be used beneath all equipment bases and other locations shown on the Drawings or specified herein. Grouting thicknesses and application shall meet the equipment manufacturer's requirements. B. Epoxy grout shall be used at locations shown on the Drawings or specified herein. Repair of rock pockets or surface defects in concrete work approved for repair by the Engineer shall generally be repaired with epoxy grout unless otherwise directed by the Engineer. Anchor bolts approved by the Engineer for installation in concrete Section GROUT Page 3 of 4

190 shall be set in epoxy grout unless otherwise directed by the Engineer. This grout shall not be used in contact with potable water. C. Quick setting hydraulic cement shall be used at locations shown on the Drawings or specified herein. All penetrations/joints in concrete manholes, vaults, or structures where a watertight seal is required shall use this type of grout. END OF SECTION Section GROUT Page 4 of 4

191 SECTION PRECAST CONCRETE VAULTS, MANHOLES, INLETS PART 1: GENERAL 1.1 DESCRIPTION A. This section covers the construction of precast concrete structures including, but not limited to, vaults, manholes and inlets. Vaults, manholes and inlets specified herein are constructed of reinforced concrete pipe sections and precast concrete slabs. 1.2 SUBMITTALS A. The following submittals for construction shall be made in accordance with the project submittal requirements as described in the Supplementary Conditions. 1. Complete manufacturer's information covering materials used, details of intended methods of construction, and shop drawings portraying the assembled structure(s). PART 2: MATERIALS 2.1. VAULT MATERIALS A. Concrete. 1. Precast. Conforming to ASTM C478, "Precast Reinforced Concrete Manhole Sections", specifically including mandatory rejection requirements. 2. The vault slab and risers shall be designed by the manufacturer to withstand HS-20 loading. B. Joint Sealer. "Ram-nek," or approved equal. C. Grout. Conforming to Section 03360, Grout. D. Manhole Steps. Steel encased in rubber, precast into concrete; vertical load rating of 400 pounds and pull-out resistance of 1,000 pounds; 12 inches wide, set at 16 inches O.C.; M.A. Industries PSI-PF Manhole Step, or equal. E. Manhole cover and frame. Cast-iron, 24-inch opening, 7-inch high frame, designed for HS-20 loading. Section PRECAST CONCRETE VAULTS, MANHOLES, INLETS Page 1 of 4

192 F. Access Hatches. Where shown or called on the Plans, vaults shall be fitted with hinged access hatches of the type and construction shown or specified. G. Insulation. All dry vaults containing exposed piping or equipment shall be insulated as shown and specified. Insulation shall include exterior vault wall insulation, interior cover slab insulation, and lift-out insulating panels in access openings. Insulation shall comply with Section 07211, Rigid Insulation. H. Pipe penetrations. Pipes penetrating water-holding manholes and vaults, and dry manholes and vaults set in groundwater, shall be sealed according to the following requirements: 1. New PVC Sanitary Sewers. PSX boots with stainless steel clamps. 2. Existing Sewers and Process Pipes. PSX boots with stainless steel clamps or Ribbed O-ring (min. 3/4" cross sectional area) in grout space; pack with low - shrinkage concrete or Non-shrink Grout Formed 1"x1" recess in interior (wetted side) vault wall, filled with Non-Sag Urethane Sealant. 3. The Contractor shall perform his/her sealing methods to assure passage of manhole/vault leakage test requirements for wetted structures. Existing pipes shall be neatly cut and beveled for connection to existing vaults. Exterior surfaces of existing pipes at penetrations shall be thoroughly cleaned to provide suitable sealing surfaces. 4. Pipe penetrations for dry manholes and vaults not submerged in groundwater may be sealed with low-shrinkage concrete or Non-Shrink Grout. I. Joints and Bottoms. All manholes and vaults shall have a monolithic bottom and waterproof joints to prevent groundwater infiltration. Joints shall be CX-2 type joint with an O-ring gasket meeting the requirements of ASTM C443. J. The exterior of all manholes and vaults shall be damp proofed per Section 07150, Concrete Damp Proofing and Vapor Barriers. PART 3: EXECUTION 3.1 STRUCTURAL FILL A. Structural fill used under manholes shall be a minimum thickness of 8-inches and shall meet the requirements of Section 02220, Structural Excavation, Backfill, Fill and Embankment. 3.2 VAULT AND MANHOLE CONSTRUCTION A. Vaults shall be constructed plumb to the dimensions shown in the Drawings. Connections between the vault wall sections, adjusting rings and frame shall be Section PRECAST CONCRETE VAULTS, MANHOLES, INLETS Page 2 of 4

193 jointed with Ram-nek, or equal. This type of joint shall be the minimum accepted. Ultimately each manhole/vault must pass the testing requirements outlined in the Manhole Leakage Testing section below. All joints in manholes shall be grouted watertight. Manhole construction shall conform to ASTM C478, latest revision, and the rejection criteria therein. B. It shall be the Contractor=s responsibility to verify the structural adequacy of the intended materials and arrangement for the loading conditions to which the manhole will be subjected. These conditions include, but are not limited to, earth loading, groundwater pressure, live loads, equipment loads, freezing and seismic conditions. This applies to both precast RCP sections provided for construction-in-place and premanufactured structures. The Owner reserves the right to require calculations stamped by a registered Structural Engineer verifying the adequacy of the structures provided for the intended application during submittal review. C. All manholes and vaults six feet or less in depth shall be standard straight manholes conforming to Standard Drawings No of the Montana Public Works Specifications. 3.3 MANHOLE LEAKAGE TESTING A. General. 1. Conduct tests in the presence of and to the complete satisfaction of the Engineer. 2. Should a manhole not satisfactorily pass testing, discontinue manhole construction in the Project until such manhole does test satisfactorily. 3. The contractor may choose the type of manhole testing to be done on this project. Both exfiltration testing and vacuum testing will be acceptable. 4. Provide tools, materials (including water), equipment and instruments necessary to conduct manhole testing specified herein. a. Vacuum Testing Equipment. 1) Use vacuum apparatus equipped with necessary piping, control valves and gauges to control air removal rate from manhole and to monitor vacuum. 2) Provide an extra vacuum gauge of known accuracy to frequently check test equipment and apparatus. 3) Vacuum testing equipment and associated testing apparatus are subject to approval by the Engineer. 4) Provide seal plate with vacuum piping connections. 5. Prior to testing, clean manholes thoroughly and seal openings both to the complete satisfaction for the Engineer. Seal openings using properly sized plugs. 6. Perform testing with frames installed. Include the joint between the manhole Section PRECAST CONCRETE VAULTS, MANHOLES, INLETS Page 3 of 4

194 and manhole frame in the test. 7. The Contractor may elect to make a test for his/her own purposes prior to backfilling. However, only tests on installed (backfilling complete) manholes will be accepted by the Engineer. B. Vacuum Test Procedure. 1. Perform vacuum testing in accordance with the testing equipment manufacturer=s written instructions. 2. Create a vacuum of 10 inches of mercury and close the valves. 3. Consider manhole acceptable when vacuum does not drop below 9 inches of mercury for the following manhole sizes and times: a. 4-foot diameter - 60 seconds b. 5-foot diameter - 75 seconds c. 6-foot diameter - 90 seconds C. Exfiltration Test Procedure. Test in accordance with ASTM C969 and the following testing procedures: 1. Completely fill manhole to the top of the frame with water. 2. Allow water-filled manhole to stand a minimum of 4 hours prior to testing to allow absorbing in materials. 3. At commencement of test, fill manhole to top lip of manhole frame. 4. During a consecutive 4-hour long period, keep an accurate record of the amount of water to be added because of exfiltration. (How much water is added to maintain the water level at the top of the frame). 5. Consider the manhole acceptable when exfiltration rate does not exceed the following rate: (0.1 gal) x (diameter in feet) x (head in feet) x (hours) For manholes set in groundwater, the head is the difference between the water surface elevation inside the manhole and the groundwater elevation. D. Repair and Retest. Determine source or sources of leaks in manholes failing acceptable limits. 1. Repair or replace defective materials and workmanship, as is the case, before conducting such additional Manhole Acceptance Tests and such subsequent repairs and retesting as required until manholes meet the test requirements. 2. Make repairs, replacements and retests at no additional expense to the Owner. END OF SECTION Section PRECAST CONCRETE VAULTS, MANHOLES, INLETS Page 4 of 4

195 SECTION BITUMINOUS DAMPPROOFING PART 1: GENERAL 1.1 SECTION INCLUDES A. Bituminous dampproofing. 1.2 REFERENCES A. ASTM D 41 - Standard Specification for Asphalt Primer Used in Roofing, Dampproofing, and Waterproofing; B. ASTM D Standard Specification for Emulsified Asphalt Used as a Protective Coating for Roofing; 1995 (Reapproved 2000). C. ASTM D Standard Specification for Asphalt Roof Cement, Asbestos- Containing; D. NRCA ML104 - The NRCA Roofing and Waterproofing; National Roofing Contractors Association; Fifth Edition, with interim updates. 1.3 SUBMITTALS A. Product Data. Provide properties of primer, bitumen, and mastics. B. Manufacturer's Installation Instructions. Indicate special procedures and perimeter conditions requiring special attention. 1.4 QUALITY ASSURANCE A. Perform work in accordance with NRCA Roofing and Waterproofing Manual. B. Installer Qualifications. Company specializing in performing the work of this section approved by manufacturer. 1.5 ENVIRONMENTAL REQUIREMENTS A. Maintain ambient temperatures above 40 degrees F for 24 hours before and during application until dampproofing has cured. PART 2: PRODUCTS Section BITUMINOUS DAMPROOFING Page 1 of 3

196 2.1 MANUFACTURERS A. Acceptable Manufacturers. 1. Karnak Chemical Corp: 2. Mar-Flex Systems, Inc: 3. W.R. Meadows, Inc: 4. Or Approved Equal COLD ASPHALTIC MATERIALS A. Bitumen. Emulsified asphalt, ASTM D 1227; with fiber reinforcement other than asbestos (Type II). B. Asphalt Primer. ASTM D 41, compatible with substrate. C. Sealing Mastic. Asphalt roof cement, ASTM D 2822, Type I. PART 3: EXECUTION 3.1 EXAMINATION A. Verify existing conditions before starting work. B. Verify substrate surfaces are durable, free of matter detrimental to adhesion or application of dampproofing system. C. Verify items which penetrate surfaces to receive dampproofing are securely installed. 3.2 PREPARATION A. Protect adjacent surfaces not designated to receive dampproofing. B. Clean and prepare surfaces to receive dampproofing in accordance with manufacturer's instructions. C. Do not apply dampproofing to surfaces unacceptable to manufacturer. D. Apply mastic to seal penetrations, small cracks, or minor honeycomb in substrate. 3.3 APPLICATION A. Prime surfaces in accordance with manufacturer's instructions. Section BITUMINOUS DAMPROOFING Page 2 of 3

197 B. Apply bitumen with roller. C. Apply bitumen in two coats, continuous and uniform. D. Apply from 2 inches below finish grade elevation down to top of footings. E. Seal items projecting through dampproofing surface with mastic. Seal water tight. F. Scribe and cut boards around projections, penetrations, and interruptions. 3.4 SCHEDULE A. Foundation Wall. Two coatings of asphalt dampproofing. END OF SECTION Section BITUMINOUS DAMPROOFING Page 3 of 3

198 Intentionally Left Blank

199 SECTION PIPING - GENERAL PART 1: GENERAL 1.1 DESCRIPTION A. This section covers the work necessary to furnish and install piping and appurtenances in both buried and exposed applications. B. Piping and appurtenances for both pressure and gravity applications are included in this section. C. For specific piping material requirements, reference the Construction Drawings and other Detail Piping Specifications following this section. 1.2 SUBMITTALS A. The following submittals for construction shall be made in accordance with the project submittal requirements. 1. Product Data. Furnish the following: a. Catalog information of products manufactured to ASTM, AWWA or similar standards or described by a manufacturers name and model. b. Framing Support Systems. Detailed installation drawings, catalog information, and complete component specifications. 2. Shop Drawings. Furnish the following: a. A specific selection of pipe material and joint type for each pipeline where alternative materials and joints are specified for selection by the Contractor. b. Shop Drawings, including layouts, shall be submitted to the Engineer for approval. Drawings shall include locations for each pipe of special length, field welding, areas which require painting, and fittings. c. Details of special fittings and/or specialized pipe fabrications. d. Manufacturer s information of non-shrink grout to be used for repair and touching up cement mortar lining. e. Support System. 1) Laying drawing showing location of each pipe section and each special length; number or otherwise designate laying sequence on each piece. f. Hydraulic Thrust Restraint. Details including materials, sizes, and Section PIPING GENERAL Page 1 of 27

200 1.3 GENERAL assembly ratings, and pipe attachment methods of each pipe material. g. Thrust blocks including concrete quantity, strength, area of bearing on pipe, and fitting joint locations. 3. Quality Control Submittals. Furnish the following: a. Welders and Welding. 1) Inspection and Testing Laboratory Qualifications. Submit background information including experience, years in business, and five references for proposed independent testing laboratory. 2) Performance Qualifications. Submit list of welders and welding operators, and type of welding for which each has been qualified, for both shop and field welding. 3) Procedure Specifications and Qualifications. Provide procedures in accordance with Section IX, Article II of the ASME Boiler and Pressure Vessel Code for each type of weld and for each base metal. b. Copy of Manufacturer=s quality control inspection of pipe material and production. 4. Manufacturer's Certification of Compliance. Submit for the following manufactured items and materials to certify compliance with the specifications: a. ASME and AWS certifications for welded steel pipe. b. NSF and AWWA certifications for pipe and appurtenances. c. NSF certification for potable water coatings. d. Structural design for piping and support systems. 5. Hydrostatic Testing. a. Detailed plan for filling and testing pipeline sections; submit at least (30) days in advance of testing. b. Testing procedures to be used, locations for necessary equipment and materials, and date and duration of tests. c. Logs of testing indicating time, pressures and results. 6. Cleaning and Disinfection. a. Detail plan for cleaning. A. Like items of material provided hereunder shall be the end products of one manufacturer. B. All piping and appurtenances require coatings per Section 09900, Painting, except as specified herein. Section PIPING GENERAL Page 2 of 27

201 1.4 QUALITY ASSURANCE A. Welded Steel Pipe. 1. Qualify welders and welding operators by approved testing laboratory before performing any welding under this section. 2. Perform welder qualification tests in accordance with Section IX, Article III of the ASME Boiler and Pressure Vessel Code. 3. Qualification tests may be waived if evidence of prior qualification is deemed suitable by the Engineer. 4. Qualify welders and operators in the performance of making groove welds in each different pipe material, including carbon steel pipe, in Positions 2G and 5G for each welding process to be used. 5. Qualify welders and welding operators for stainless steel as stated herein on the type of stainless steel being welded with the welding process used. 6. Retest any welders at any time Engineer considers the quality of the welder's work substandard. When the Engineer requests a retest of a previously qualified welder, the labor costs for the retest will be at Owner's expense if the welder successfully passes the test. If the welder fails the retest, all costs shall be at the Contractor's expense. 1.5 PIPING SYSTEM DESIGN CRITERIA A. Pipe Diameters. 1. Nominal sizes for standardized products, such as ductile iron pipe, PVC pipe, and mill type steel pipe. 2. Fabricated Steel Piping. Outside diameter in accordance with ANSI B Reinforced Concrete Piping. Inside diameter equal to nominal size shown. B. Thrust Restraint. 1. Thrust Blocks and Ties. Generally not shown on Drawings of the individual pipelines; their absence shall not relieve Contractor of the responsibility for providing them as required to provide complete systems for the use intended. PART 2: MATERIALS 2.1 GENERAL A. Pipe Materials. 1. General materials to be used for each piping system shall be as identified in the Drawings or as listed in the Piping Schedule (if applicable). Section PIPING GENERAL Page 3 of 27

202 2. Specific material requirements are specified in other 15/060 Detail Piping Specifications following this section. B. Appurtenances. All fittings, couplings, valves, and other appurtenances shall be rated for the same or higher design pressure as the pipe to which they shall be joined and shall withstand the test pressure without damage. 2.2 JOINT LUBRICANT A. Furnished with pipe. B. Amount and Type. As recommended by pipe manufacturer. C. Composition. 1. Water soluble, nontoxic, vegetable soap compound suitable for use in potable waterlines. 2.3 MODULAR MECHANICAL SEALS (LINK-SEALS) A. Rubber links shall be modular, mechanical type, consisting of inter-locking synthetic rubber links shaped and sized to continuously fill the annular space between the pipe and the wall opening. B. Wall opening size and/or type shall be per seal manufacturer s recommendations. C. Seal pressure plates shall be of molded glass reinforced nylon. D. All fasteners shall be stainless steel. E. Modular mechanical seals shall be Link-Seals as manufactured by PSI/Thunderlink/Link-Seal, or approved equal. 2.4 COUPLINGS A. General. 1. Thrust Ties. Provide where required to restrain the force developed by 1-1/2 times the operating pressures specified. a. Steel Pipe. Attach with fabricated lugs. b. Ductile Iron Pipe. Attach with socket clamps against a grooved joint coupling or flange. c. Flanged Coupling Adapters. Anchor studs placed perpendicular to the longitudinal axis of the pipe are not acceptable. Use tie rods. Section PIPING GENERAL Page 4 of 27

203 2. Exposed Installations. Zinc-plated nuts and bolts, however high-strength, low-alloy steel, in accordance with AWWA C111, may be substituted for use on ductile iron couplings. 3. Submerged Installations. Provide stainless steel bolts and nuts. 4. Buried Installations. Provide stainless steel bolts and nuts. 5. Steel Middle Rings and Followers. a. Fusion bonded epoxy-lined and coated in accordance with AWWA C213. B. Flange Adapters. 1. Flange. a. Ductile iron per ASTM 536, Grade b. Drilling per ANSI B16.1 or ANSI B16.5. c. Bolt circles and bolt holes shall meet ANSI/AWWA C110/A Set Screws. a. AISI 4140 Steel, heat treated to Rockwell hardness C 42-50; or b. Ductile iron with Rockwell hardness of C Gasket. a. SBR Buna-S. 4. Manufacturers and Models. a. Ford Meter Box Co., Uni-Flange Adapter Series 400. b. EBAA Iron, Inc., Series 1000 E-Z Flange. c. Or equal. C. Flexible Couplings. 1. Manufacturers and Models for Steel Pipe. a. Dresser, Style 38. b. Smith Blair, Style 411. c. Or equal. 2. Manufacturers and Models for Ductile Iron Pipe. a. Dresser, Style 38 or 138. b. Smith Blair, Style 411. c. Or equal. D. Transition Couplings. 1. Manufacturers and Models. a. Dresser, Style 162. b. Smith Blair, Style 413. c. Or equal. Section PIPING GENERAL Page 5 of 27

204 E. Flanged Coupling Adapters. 1. Manufacturers and Models. a. Smith Blair, Series 913. b. Dresser Industries, Inc., Style 128. c. Or equal. F. Dismantling Joints. 2.5 WALL PIPES 1. Manufacturers and Models. a. Romac, DJ400. b. Or equal. A. Ductile Iron Wall Pipe. 1. For penetrations through concrete walls, floors, slabs, or roofs that are to be watertight. 2. Diameter and Ends. Same as connecting ductile iron pipe. 3. Thickness. Equal to or greater than remainder of pipe in line. 4. Fittings. In accordance with the applicable Detail Piping Specification. 5. Provide taps for stud bolts in flanges set flush with wall face. 6. Thrust Collars. a. Provide for all wall pipes. b. Rated for thrust load developed at 250 psi. c. Safety Factor: Minimum of 2. d. Material and Construction. 1) Ductile iron or cast iron, cast integral with wall pipe wherever possible. 2) Fabricate by welded attachment of ductile iron thrust collar to pipe where casting impossible. a) Perform in pipe manufacturer's shop by qualified welders as specified herein. b) Welds. Electric arc welds of ductile iron with NI-55 or FC-55, nickel-iron-carbon weld rod. c) Continuously weld on each side all around. B. Steel Wall Pipe. Fabricate of same material and thickness as connecting pipe. 1. Below grade or in Submerged or Damp Environments. Lined and coated after fabrication as specified in Section 09/900, Painting. 2. Minimum thickness of 1/4 inch. 3. Thrust Collar. Section PIPING GENERAL Page 6 of 27

205 a. Outside diameter 3 inches greater than outside diameter of wall pipe. b. Continuously fillet welded on each side all around. 2.6 DETECTABLE PIPE LOCATING TAPE FOR NONMETALLIC PIPE A. Material. 1. Solid aluminum foil encased in a protective high visibility, inert polyethylene plastic jacket. Foil shall be visible on unprinted side. 2. Special tin or nickel-coated clips to joint ends of tape rolls at each valve. B. The minimum thickness shall be 5.5 mils. The minimum width shall be 6 inches. Color shall follow the APWA/ULCC Color Code. Identifying lettering shall be a minimum of 1-inch high, permanent black lettering imprinted continuously over entire length. C. Use for all buried non-metallic pipe with greater than 2-foot bury. D. Manufacturers and Products. 1. Reef Industries, Terra "D." 2. Allen, Detectatape. 2.7 WELDING ELECTRODES A. As approved in submitted welding procedures. 2.8 PAINTING A. Provide products specified in Section 09900, PAINTING. 2.9 PIPE JOINT GASKET LUBRICANTS A. Pipe manufacturer s recommended product, applied in accordance with their recommendations POTABLE WATER BRASS FITTINGS GENERAL A. All fittings shall be No-Lead or Low Lead, conforming to ANSI/AWWA Standard C800, latest revision. All brass goods shall be new and unused. B. All brass components in contact with potable water must be made from either CDA/UNS Brass Alloys C89520 or C89833 with a maximum lead content of 0.24% by weight. Brass alloys not listed in ANSI/AWWA C800 Paragraph are not Section PIPING GENERAL Page 7 of 27

206 approved. Brass saddles shall be made from CDA/UNS C C. All service fittings shall be certified as suitable for contact with drinking water by an ANSI accredited organization in accordance with ANSI/NSF Standard 61, Drinking Water Systems Components Health Effects. D. All fittings shall be stamped or embossed with a mark or name indicating that the product is manufactured from the low-lead alloy CURB VALVES, CORPORATION STOPS AND SERVICE SADDLES A. Curb valves shall be of the No-Lead or Low-Lead design, conforming to ANSI/AWWA Standard C800, latest revision. Curb valves shall be brass ball type corporation stops with inlet end to suit tapping requirements and compression outlet suitable for service pipe material. Curb valves shall be rated for 300 psig working pressure. Valves shall be Mueller 300 ball curb valves, or approved equal. B. Curb valve boxes shall be extension type with arch pattern base. C. Corporation stops shall be of the No-Lead or Low-Lead design, conforming to ANSI/AWWA Standard C800, latest revision. Corporation stops shall be brass ball type corporation stops with inlet end to suit tapping requirements and compression outlet suitable for service pipe material. Corporation stops shall be rated for 300 psig working pressure. Corporation stops shall be Mueller 300 ball type corporation stops, or approved equal. D. Service saddles shall be all stainless steel double bolt service saddles with Nitrile (Buna N) gaskets and appropriate threads for compatibility with the corporation stops. Service saddles shall be Mueller SS Series Stainless Steel Service Saddles, Smith-Blair Model 372 TaperSeal Service Saddles, or approved equal TAPPING SLEEVES A. Body. 1. Full circumference band type 304 stainless steel. B. Flange. 1. AWWA C207 Class D ANSI lb. drilling. 3. Epoxy coated finish or 18-8 type 304 stainless steel. Section PIPING GENERAL Page 8 of 27

207 C. Gasket. 1. Grade 60; compounded to resist oils, alkalies, most (aliphatic) hydrocarbon fluids, water, & many chemicals. 2. Temperatures up to 212ΕF. 3. Suitable for use in potable water systems. D. Bolts and Nuts type 304 stainless steel heavy hex nuts, stud bolts, and washers. 2. Nuts and studs shall be coated to prevent galling. E. Manufacturers and Models. 1. Smith-Blair, Model 662 or Or equal PRESSURE GAUGES AND ISOLATION VALVES A. Pressure gauges shall be silicone-filled with a die cast aluminum case. The gauge shall be ANSI grade A, with 1% accuracy at full scale. The scale range shall be 0 to 200 psi, unless otherwise noted in Drawings, with graduations marked at 2 psi increments. The gauge shall utilize a phosphor bronze bourdon tube as a sensing unit. Gauges shall have a 3@ NPT connection unless otherwise indicated. B. All pressure gauge assemblies shall include an isolation valve between the pressure gauge and the carrier pipe. Isolation valves shall be bronze body ball valves with standard or full port and Teflon seats. Valves shall be rated for minimum 600 psi water pressure MECHANICAL JOINT DUCTILE IRON RESTRAINTS A. Mechanical joint ductile iron restraints shall be provided where shown on the Drawings, and shall be designed to fit standard mechanical joint bells and have ductile iron glands with hardened iron ductile iron set screws. Restraints shall have a working pressure of at least 250 psi with a rated safety factor of 2:1, and shall be UL listed and Factory Mutual approved. Restraints shall be mechanical joint ductile iron retainer glands, and shall be EBBA IRON, Inc. Series 100, or equal TRACER WIRE FOR BURIED WATER MAIN PIPING A. Tracer wire should be taped to the top of all buried water main piping and brought up to ground surface at all fire hydrants. In the absence of hydrants, tracer wire shall be Section PIPING GENERAL Page 9 of 27

208 brought up to ground surface on the outside of valve boxes. Wire should terminate inside the valve box (i.e. drill a hole through valve box wall near top of box) and be secured to the inside wall of the valve box no more than 6 below top of valve box. Tracer wire inside of valve boxes shall be installed as to not interfere with valve wrench operation. B. Tracer wire shall be #12 TW direct-bury solid copper wire with cross-linked polyethylene insulation. C. Wire splices (at tees, crosses, laterals, etc.) shall be accomplished using a direct-bury, silicone-filled capsule tube with standard wire nut or silicone-filled wire nut connectors of the appropriate size. PART 3: EXECUTION 3.1 EXAMINATION A. Verification of Existing Pipe and Penetrations. 1. Prior to ordering materials, expose all existing pipes which are to be connected to new pipelines. 2. Verify the size, material, joint types, elevation, horizontal location, and pipe service of existing pipes. 3. Inspect size and location of structure penetrations to verify adequacy of wall pipes, sleeves, and other openings before installing connecting pipes. 3.2 RESPONSIBILITY FOR MATERIAL A. The Contractor shall be responsible for all material furnished by him and shall replace at his own expense all such material found defective in manufacture or damage in handling after delivery by the manufacturer. This shall include the furnishing of all materials and labor required for the replacement of installed material discovered damaged or defective prior to the final acceptance of the work, or during the guarantee period. B. The Contractor shall be responsible for the safe and proper storage of material furnished by him or to him and accepted by him, and intended for the work, until it has been incorporated in the completed project and accepted and approved. The interior of all pipe and other accessories shall be kept free from dirt and foreign matter at all times. Section PIPING GENERAL Page 10 of 27

209 3.3 HANDLING OF PIPE AND FITTINGS A. All pipe furnished by the Contractor shall be delivered and distributed at the site by the Contractor. Pipe, fittings, specials, valves and accessories shall be loaded and unloaded by lifting with hoists or skidding so as to avoid shock or damage. Under no circumstances shall such materials be dropped. B. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. All pipe, fittings, and valves shall be carefully lowered into the trench piece by piece by means of a derrick, ropes, or other suitable tools or equipment, in such a manner as to prevent damage to pipe materials and protective coatings and linings. Under no circumstances shall materials be dropped or dumped into the trench. 3.4 PREPARATION A. Pipe and Fittings. 1. Inspect before exposed pipe or fitting is installed or buried pipe or fitting is lowered into the trench. 2. Clean ends of pipe thoroughly, remove foreign matter and dirt from inside of pipe, and keep clean during and after installation or laying. B. Damaged Coating. 1. Repair damaged areas in field with material equal to original. C. Field Fabrication. 3.5 FIELD WELDING 1. Notify Engineer at least 2 weeks prior to fabrication of pipe or fittings and at least 3 days prior to start of any surface preparation or coating application. A. General. 1. Perform in accordance with latest editions of Section IX, ASME Boiler and Pressure Vessel Code and ANSI Code for Pressure Piping, as follows: a. All Piping: ASME Section IX. b. Heating and Cooling Water Services: ANSI B31.1. c. Flammable Gas, LP Gas, Ammonia, Chlorine Liquid and Vapor, Engine Exhaust, and Compressed Air Services: ANSI B See other Detail Piping Specifications for additional requirements. 3. Field welding permitting only on pipes in which linings will not be damaged by welding or in which linings are designed for field repair and inspection. Section PIPING GENERAL Page 11 of 27

210 B. Identification of Welds. Mark each weld with a symbol which identifies the person who made the weld. C. Pipe End Preparation. 1. Preferably by machine shaping. 2. Oxygen or arc cutting are acceptable only if the cut is smooth and true and all slag is removed either by chipping or grinding. 3. Beveled Ends for Butt Welding: Meet requirements of ANSI B D. Surfaces. Clean and free of paint, oil, rust, scale, slag, or other material detrimental to welding. E. Alignment and Spacing. Align ends to be joined with existing commercial tolerances on diameters, wall thicknesses, and out-of-roundness. 1. Root Opening of Joint. As stated in paragraph Procedure, below. F. Procedure. 1. Shielded Metal-Arc Process. Use for all field welding, unless otherwise approved or specified herein or in the Detail Piping Specifications. 2. Welding on Stainless Steel. Use direct current, reverse polarity, shielded metal-arc or gas metal-arc process or direct current, straight polarity, gas tungsten-arc or gas metal-arc process, unless otherwise approved. 3. Do not perform welding if there is impingement of any rain, snow, sleet, or high wind on the weld area, or if the ambient temperature is below 32 degrees F. 4. Tack Welds. Remove completely prior to proceeding with welding if all following requirements are not met. a. Tack welds performed by qualified welder using the same procedure as for the completed weld. b. Tack welds made with an electrode similar or equivalent to electrode to be used for first weld pass. c. Not cracked or otherwise inconsistent. 5. Thoroughly clean each layer of deposited weld metal, including the final pass, prior to deposition of each additional layer of weld metal with a power-driven wire brush. 6. Surface Defects. Chip or grind out those that will affect the soundness of weld. 7. Pipe 4 Inches and Under. Provide minimum of full root and second pass. 8. Pipe Sizes 6 Inches Through 24 Inches. Provide minimum of three weld passes using the specified covered electrode. Section PIPING GENERAL Page 12 of 27

211 9. Welds. Free of cracks, incomplete penetration, weld undercutting, excessive weld reinforcement, porosity slag inclusions, and other defects in excess of the limits prescribed in Chapter V of the specified ANSI Codes. 10. Branch Connections. Fit and groove weld in accordance with the details described and shown in Chapter V of the specified ANSI Codes. 3.6 PIPING INSTALLATION - GENERAL A. General. Install in conformance with reviewed shop drawings. B. Pipe Fittings and Appurtenances. In accordance with the manufacturer's instructions and these Specifications. C. All submerged carbon steel, ductile iron, or galvanized piping in reinforced concrete basins shall be isolated from the concrete reinforcement. D. Every precaution shall be taken to prevent foreign material from entering the pipe while it is being installed. During laying operations, no debris, tools, clothing, or other materials shall be placed in the pipe. At times when pipe laying is not in progress, the open ends of the pipe shall be closed by a watertight plug or other means approved by the Engineer to ensure absolute cleanliness inside the pipe. E. Cutting pipe for inserting valves, fittings, or closure pieces shall be done in a neat and workmanlike manner without damage to the pipe or coating and so as to leave a smooth end at right angles to the axis of the pipe. 3.7 BURIED PIPE INSTALLATION A. General. 1. Lay pipe and fittings in conformance with laying drawings, manufacturer's instructions and alignment and elevations shown. 2. Provide all special tools and devices, such as special jacks, chokers, and similar items required for proper installation. 3. Use pipe joint lubricant as specified; no substitutions will be permitted. 4. Do not lay pipe in water or when, in the opinion of the Engineer, trench conditions are unsuitable. 5. Prevent uplift and floating of pipe prior to backfilling. 6. Minimum Bury Depth. 6 feet of cover unless otherwise shown in the Drawings. 7. Do not deviate more than 1 inch from line or 1/4 inch from grade for gravity piping. 8. Measure for grade at the pipe invert, not at the top of the pipe. 9. Before laying each section of the pipe, check the grade with a straightedge Section PIPING GENERAL Page 13 of 27

212 and correct any irregularities found. 10. Prevent foreign material from entering pipe at all times during placement. a. If pipe cannot be placed without foreign material entering pipe, place a tightly woven canvas bag snugly over each end before lowering pipe. b. Leave bags in-place until connection is made to adjacent pipe. 11. After a section of pipe has been lowered into the prepared trench, clean the end of the pipe to be joined, the inside of the joint, and the rubber ring immediately before joining the pipe. 12. Check gasket position with feeler gauge furnished by the pipe manufacturer, to assure proper seating. a. Feeler Gauge. Of proper size, type, and shape for use during installation for each type of pipe furnished. 13. After the joint has been made as specified under Paragraph JOINING PIPE, check pipe for alignment and grade. 14. Joint Deflection. a. Deflect pipe at joints for pipelines laid on a curve, using unsymmetrical closure of spigot into bell. b. Maximum Deflection. 75 percent of maximum deflection recommended by pipe manufacturer. c. Use one of the following methods if joint deflection of standard pipe lengths will not accommodate horizontal or vertical curves in alignment: 1) Shorter pipe lengths. 2) Special mitered joints. 3) Standard or special fabricated bends. 15. Apply sufficient pressure in making the joint to assure that the joint is "home," as defined in the standard installation instructions provided by the pipe manufacturer. 16. Place sufficient pipe zone material to secure the pipe from movement before the next joint is installed. 17. Keep trench dry until the pipe laying and jointing are completed. 18. Close and block the open end of the last laid section of pipe to prevent entry of foreign material or creep of the gasketed joints, at all times when laying operations are not in progress, at the close of the day's work, or when the workers are absent from the job. 19. The bottom of the trench shall be shaped to fit the bottom quadrant of the pipe with holes for couplings just large enough to permit assembly of the coupling. B. Dewatering Trench. 1. Where water is encountered in the trench, it shall be removed below the level of the pipe bedding during pipe laying operations and the trench so Section PIPING GENERAL Page 14 of 27

213 C. Joining Pipe. maintained until the ends of the pipe are sealed and provisions are made to prevent floating of the pipe. Trench water shall not be allowed to enter the pipe at any time. 1. Bell-and-Spigot with Rubber Gasket Joints (Push-On Joints). Assemble in accordance with manufacturer's instructions, and the following: a. As next section of pipe is being readied for laying, clean bell of previously laid pipe of foreign material and apply thin film of specified lubricant to entire surface of bell ring. b. At same time, lubricate gasket and install in spigot groove. c. Ensure gasket tension is uniform around groove before placing pipe in trench. d. Lower pipe section into trench until approximately in line with previously laid pipe section and spigot is centered in bell. e. Then force pipe "home" as defined in manufacturer's installation instructions and secure to proper alignment and grade with specified pipe zone material. f. Check gasket position with feeler gauge, furnished by pipe manufacturer, to assure proper seating. D. Backfill in the Pipe Zone. 1. See Section 02221, Trench Excavation and Backfill 3.8 EXPOSED PIPING INSTALLATION A. General. 1. Install parallel to building lines, unless shown otherwise 2. Align hangers supporting adjacent piping with equal support spans where possible. 3. Install piping without springing or forcing the pipe which would create stresses in the pipe, valves, or connected equipment. a. Use torque-limiting wrenches to tighten bolts. 4. Straight runs of piping upstream and downstream of flow measuring devices shall be smooth. B. Pipe Flanges. 1. Set level, plumb, and aligned. 2. Install flanged fittings true and perpendicular to the axis of the pipe. 3. Bolt holes shall straddle vertical centerline of pipes. Section PIPING GENERAL Page 15 of 27

214 4. Plastic Flanges. a. Bold up using a filler gasket at any joint with a raised face. b. The filler gasket shall bear the bolt load uniformly and remove the flange moment from that part of the flange protruding beyond the outer edge of the raised face. C. Unions. Install where required for piping or equipment installation. D. Valve Orientation. 1. As shown where valve handwheels are shown. 2. Where valve handwheels are not shown, orient to permit easy access to the valve operator, and to avoid interferences. 3.9 PIPING EXPANSION AND FLEXIBILITY A. Piping Expansion Provisions. Where recommended by the pipe material supplier, install expansion provisions as follows. 1. Piping. Install expansion devices to allow for thermal expansion due to differences between temperature during installation and operating temperatures. 2. Anchors. Install to withstand expansion thrust loads and to direct and control thermal expansion. B. Piping Flexibility Provisions. 1. Install thrust protection as specified. 2. Install flexible couplings and expansion joints for piping systems and at connections to equipment where shown. 3. Install additional pipe anchors and flexible couplings to facilitate piping installation, in accordance with reviewed shop drawings FLEXIBLE COUPLINGS, FLANGED COUPLING ADAPTERS, MECHANICAL JOINT COUPLINGS, AND SERVICE SADDLES A. Thoroughly clean oil, scale, rust, and dirt from the pipe to provide a clean seat for the gasket. B. Wipe gaskets clean prior to installations. C. Lubricate flexible couplings and flanged coupling adapter gaskets with soapy water or manufacturer's standard lubricant before installation on the pipe ends. D. Install couplings and service saddles in accordance with manufacturer's instruction. Section PIPING GENERAL Page 16 of 27

215 E. Tighten bolts progressively, drawing up bolts on opposite sides a little at a time until all bolts have a uniform tightness. F. Use only torque-limiting wrenches to tighten bolts SLAB, FLOOR, WALL, AND ROOF PENETRATIONS A. Except where shown otherwise on the Drawings, all piping penetrating concrete walls shall have a wall pipe or pipe sleeve. 1. Existing walls above water lines may have rotary drilled hole in lieu of wall sleeve. B. Isolate embedded metallic piping from concrete reinforcement. C. Support wall pipes securely by formwork to prevent contact with reinforcing steel and tie-wires. D. Seal pipe penetrations with concrete, non-shrink grout, or non-sag urethane. Drilled or formed circular openings may be sealed with modular mechanical wall sleeves. 1. Assemble the interconnected rubber links with bolts, nuts, and pressure plates under each bolt head and nut to prevent the nut from turning when the bolt is tightened CONNECTING DISSIMILAR PIPE A. Flexible Transition Couplings. Install in accordance with pipe manufacturer's instructions BURIED PIPE IN CONCRETE ENCASEMENTS OR CONCRETE BEDDING A. Pipe Joints. Do not encase in concrete unless specifically shown. B. Pipe Coatings. Continuous through concrete encasements, thrust blocks, anchors, collars, etc., unless otherwise shown FLEXIBLE JOINTS AT CONCRETE STRUCTURES A. Rubber ring joints, mechanical joints, flexible couplings, and proprietary restrained ductile iron pipe joints are considered flexible joints; welded pipe joints are not. B. Provide flexible joints at the face of all structures, whether or not shown. Section PIPING GENERAL Page 17 of 27

216 1. Joint may be flush with face or may be up to one pipe diameter away from face, but not further than 18 inches away from face. C. Install a second flexible joint, whether or not shown, for: 1. Pipelines smaller than 18 Inches in Diameter: Within 18 inches of the first joint. 2. Pipelines Larger than 18 Inches in Diameter: Within one pipe diameter of the first joint THRUST RESTRAINT A. Location. 1. At pipeline tees, plugs, caps, bends, and other locations where unbalanced forces exist. 2. Provide thrust blocks and ties where required, whether or not shown. B. Thrust Ties. Install where shown and as detailed. C. Mechanical Joint Valves in Proprietary Restrained Joint Pipe and Fittings. Restrain mechanical joints with the proprietary restrained joint manufacturer's adapter gland follower and pipe end retainer or provide thrust tie-rods and socket clamps. D. Thrust Blocking. 1. Allowable Soil Pressure. 2,000 pounds per square foot. 2. Place between undisturbed ground and fitting to be anchored. 3. Quantity of Concrete. Sufficient to cover area of bearing on pipe, as shown or as approved. 4. Place blocking so that pipe and fitting joints will be accessible for repairs, unless otherwise approved. 5. Place concrete in accordance with Section 03300, CAST-IN-PLACE CONCRETE. 6. Low Pressure Pipelines. a. When bearing surface of the fitting against soil provides an area equal to or greater than area required for thrust restrain, concrete thrust blocks will not be required. b. Determine bearing area for fittings without thrust blocks by the projected area of 70 percent of the internal diameter multiplied by the chord length for the curve along the centerline of the fitting. Section PIPING GENERAL Page 18 of 27

217 3.16 TAPE WRAP A. Field Applied. In accordance with manufacturer's instruction and as specified herein. B. Clean items with power brushes to remove rust, scale, or other material. C. Grind or file smooth any sharp burrs that will damage the warp, and solvent clean to remove oils or greases. D. Apply primer and spiral wrap with a 50 percent overlap to form a double layer. E. Apply with enough tension to make wrap conform to the surface without wrinkles, but do not stretch excessively. F. Roll or press the overlap seams to ensure complete bonding MARKING TAPES A. Install along centerline of all pipe, on top of last lift of pipe zone material. B. Install 18 inches feet deep taking care to prevent damage to tape; repair damage incurred. C. Detectable Pipe Locating Tape. 1. Adjoin at ends of rolls with clips provided by manufacturer. 2. Bring to surface inside each manhole or terminal structure VENTS AND DRAINS A. Vent the high points and drain the low points of pipelines as required and where shown. B. Valves. Install a ball or plug valve on all vents or drains. Valve shall be suitable for service. Locate where shown on the Valve Schedule and install as specified in Section 15101, VALVES CORROSION PROTECTION AND PAINTING A. General. 1. Protect all pipe and piping accessories from corrosion and adverse environmental conditions. 2. Additional requirements for protection to those specified below are included Section PIPING GENERAL Page 19 of 27

218 in the Detail Piping Specifications and in Section 09900, PAINTING. 3. See the Piping Schedule in the Drawings for additional pipe lining and coating requirements. B. Buried Pipe. 1. Carbon Steel or Copper Piping. Tape coat wrap. 2. Ductile Iron and Cast Iron Soil Pipe. Bag with polyethylene in accordance with AWWA C105 and manufacturer's instructions. 3. Piping Accessories. Provide corrosion protection for ferrous metal piping appurtenances. a. See Standard Detail for coating, mastic and heat shrink wrap application to: 1) Tie-Rods and Similar Items. 2) Flange Bolts, Nuts, and Similar Items. 3) Flexible Couplings, Grooved Couplings, and Similar Items. b. Buried Valves and Similar Elements. 1) Ductile Iron or Nonmetallic Pipelines. Wrap entire valve in polyethylene as specified for ductile iron pipe. 2) Cement-Coated Pipelines. Cement-coat. C. Atmospheric Exposed Pipe. 1. Copper and Plastic Pipe. a. Paint if exposed to sunlight, and as required for color code in Section 09900, Painting. 2. Steel, Ductile Iron. a. Paint in accordance with Section 09900, Painting. 3. Piping Accessories. a. Paint atmospheric exposed surfaces of black and hot-dip galvanized steel, brass, copper, and bronze piping components as specified in Section 09900, Painting, as applicable to the base metal material. b. Accessories include, but are not limited to, pipe hangers, supports, expansion joints, pipe guides, flexible couplings, vent and drain valves, and fasteners. D. Submerged or Embedded Pipe. 1. Carbon Steel Piping. Paint as specified in Section 09900, Painting. 2. Ductile Iron and Cast Iron Pipe. Paint as specified in Section 09900, Painting PIPE LEAK TESTING - GENERAL A. General. Section PIPING GENERAL Page 20 of 27

219 1. Conduct pressure and leakage tests on newly installed pipelines and appurtenances, in accordance with reviewed testing plan. 2. Furnish necessary equipment and material and make taps in piping, as necessary for testing and as specified. 3. Engineer will observe the tests. 4. Provide 5 days advance written notice of start of testing to Engineer. 5. Test Type. Test pressure shall be 1.5 time normal operating pressure for all new pressure pipelines. Test pressure shall be 2 feet (of water) above the pipe crown at the highest point in the pipeline for all new gravity pipelines. Type of leak test shall be hydrostatic, unless otherwise approved through the Submittal process. 6. Test Records. Make records of each piping system during the test to document the following: a. Date of test. b. Description and identification of piping tested. c. Test fluid. d. Test pressure. e. Remarks, including: 1) Leaks (type, location). 2) Repairs made on leaks. f. Certification by Contractor and signed acknowledgment by Engineer that tests have been satisfactorily completed. B. Testing New Pipe Connected to Existing Pipe. 1. Isolate new pipe with grooved-end pipe caps, spectacle blinds, or blind flanges. 2. Test joint between new piping and existing piping by methods, approved by the Engineer, that do not place the entire existing system under test load. C. Buried Pressure Piping. 1. Initial Service Leak Test. Conduct with partially backfilled trench and joints left open for inspection, as field conditions permit and as approved by Engineer. 2. Final Hydrostatic Acceptance Test. Conduct after trench has been completely backfilled. 3. Expose all joints on buried pressure piping to be pneumatically tested or subjected to an initial service leak test. D. Exposed Pressure Piping. Conduct tests after piping has been completely installed and inspected for proper installation including all supports, hangers, and anchors, but prior to installation of insulation. Section PIPING GENERAL Page 21 of 27

220 3.21 HYDROSTATIC AND LEAKAGE TESTING PRESSURE PIPELINES A. General 1. Use water as the hydrostatic test fluid. 2. Provide clean test water of such quality to prevent corrosion of the materials in the piping system. 3. Maximum velocity during filling foot per second applied over full area of pipe. 4. Open vents at all high points o the piping system to purge air pockets while the piping system is filling. 5. Venting during filling may also be provided by loosening flanges with a minimum of four bolts of by the use of equipment vents. 6. Test all parts of the piping system at the test pressure specified. 7. Maintain hydrostatic test pressure continuously for 2 hours minimum and for such additional time as necessary to conduct examinations for leakage. 8. Examine all joints and connections for leakage. 9. The piping system, exclusive of possible localized instances at pump or valve packing, shall show no visual evidence of leaking. 10. Correct visible leakage and retest as required by Engineer. 11. Leave pipe full of water after repair of leaks. 12. Pipe with Concrete Thrust Blocking. Do not conduct pressure test until a minimum of 5 days after thrust blocking is installed. B. Buried Pressure Piping. 1. Perform hydrostatic and leakage testing in accordance with AWWA C600. Once the pipe is laid and backfilled, test for at least 2 hours, all newly laid pipe, or any valved section, to a hydrostatic pressure of at least 1.5 times the normal operating pressure at the test point or 1.25 times the normal operating pressure at the highest point along the test section. 2. Slowly fill the pipe with water, purging all air, and apply the test pressure using a pump hooked up so that the pressure and leakage can be measured. To purge the pipe of air during the test, it is necessary to tap the pipe at its highest points if permanent air vents, water services, hydrants, etc. are not located at the high points. Use corporation stops for this purpose. Furnish the pump connections, gauges, stops, and all necessary apparatus for testing. 3. Disassemble and reassemble all joints showing leakage after thorough cleaning. Remove and replace all cracked or defective pipes or fittings discovered in during the pressure test with sound material and repeat the test. 4. Conduct the leakage test concurrently with the pressure test for 2 hours. Leakage is defined as the quantity of water supplied into the pipe, or any valved section thereof, necessary to maintain pressure within 5 PSI of the Section PIPING GENERAL Page 22 of 27

221 pressure test after the pipe has been filled with water and purged of air. 5. The pipe installation will be rejected if the leakage exceeds that determined by the following formula: L = SD( P ) 1/2 148,000 In which L equals the allowable leakage in gallons per hour; S is the length of pipe tested, in feet; D is the nominal diameter of the pipe, in inches; and P is the average test pressure during the leakage test, in pounds per square inch gauge. 6. Should any test of pipe laid disclose leakage exceeding that specified above, locate and repair the defective joints until the leakage is within the specified allowance. 7. Conduct the pressure and leakage tests with the Engineer present. 8. When testing against closed metal-seated valves, an additional leakage per closed valve of gallon per hour per inch of nominal valve size is allowed. Repair all visible leaks regardless of the amount of leakage. 9. Pressure test tapping sleeves after installation and before tapping CLEANING AND DISINFECTING WATER MAINS A. Disinfect all water main piping in accordance with AWWA C651 and Montana Public Works Standard Specifications, Section 02660, Parts 3.4.B and 3.4.C ACCEPTANCE TESTING GRAVITY PIPELINES A. Underground Gravity Pipelines. 1. General. Gravity mains, manholes and appurtenances will be subject to testing to determine compliance with the contract requirements. No drainage shall be permitted to enter any new gravity main or manhole until testing has been satisfactorily completed and approval has been given by the Engineer. The Contractor shall thoroughly clean all gravity mains and manholes before any tests are performed. No materials removed during the cleaning and flushing operation shall be permitted to enter existing live sewers. Tests shall be performed after all backfill and compaction has been completed between and around the sections being tested and before any surface restoration or paving has been performed. 2. Alignment Test. A light test shall be performed to determine horizontal deflection of gravity mains between manholes. The Contractor shall provide the testing equipment necessary and perform the test in the presence of the Engineer. A test shall be considered successful when a full circle of light can be observed both ways from the pipe end opposite the light source one block Section PIPING GENERAL Page 23 of 27

222 away without undue deflection or irregularity visible in the pipe in the opinion of the Engineer. The tolerances specified in this section must be complied with nonetheless. 3. Grade Test. Grade tests will not be performed until alignment tests have been satisfactorily completed. Compliance with grade requirements will be determined by visual inspection of any ponding in the gravity main between manholes after flushing with water. The Contractor will perform the test in the presence of the Engineer. The test shall be considered a failure if ponds longer than one pipe length are observed. 4. Leakage Test, Exfiltration Method. For all new gravity mains, an exfiltration test will be performed. The Contractor shall provide and install a suitable sewer plug to positively seal the downstream end of the main and provide all water necessary to perform the test. The test will be performed by filling the upstream manhole to a depth of 2' over the highest groundwater elevation at any point in the section of pipe being tested. Leakage will be tested by measuring the drop in the water level over a period of 4 hours. The length of sewer main tested during any one test shall not exceed 1,200'. 5. The leakage as determined by the above methods shall not exceed 200 gallons per day per mile of sewer per inch of inside pipe diameter for the section tested or any part thereof. Obvious and concentrated leaks such as open joints, pinched gaskets, cracked pipe, etc. will not be allowed, regardless of the amount of leakage. 6. Deflection Test. Seven or more days after the pipe has been laid and backfilled, all PVC pipe shall be tested for deflection in the presence of the Engineer. This test shall consist of pulling an approved mandrel ("Go - No Go" device with a minimum of 9 arms) through the pipe. The maximum deflection allowable shall not exceed 5% of the pipe's internal diameter. Tests conducted on pipe that has been backfilled more than 30 days will be considered acceptable if the maximum deflection does not exceed 7 1/2 o of the pipe's internal diameter. The Contractor shall conduct the test and shall furnish all necessary test equipment and labor. If the pipeline fails to meet the deflection requirements, the Contractor shall re-excavate, re-bed, backfill and compact the pipe and re-conduct the test as specified. 7. TV Testing. The Owner may, at his option, require any or all sewers to be inspected by the use of a television camera before final acceptance. The costs incurred in making the initial inspection shall be borne by the Owner unless testing reveals deficiencies in the work. The Contractor shall bear all costs incurred in correcting any deficiencies found during television inspection that may be required by the Owner to verify the correction of said deficiency. The Contractor shall be responsible for all costs incurred in any television inspection performed solely for the benefit of the Contractor. 8. If any test fails to meet the requirements of the Plans and Specifications within the tolerances allowed, the Contractor shall make all necessary repairs and the tests shall be repeated. Defective pipe joints shall be repaired only by Section PIPING GENERAL Page 24 of 27

223 the use of approved jointing material which is flexible when set and that forms a permanent bond to the pipe. Cracked or broken pipe or manholes shall be replaced. Leaks in manholes shall be repaired with hydraulic grout. Other repairs shall be made in a manner approved by the Engineer. B. Gravity Drain Piping in Buildings. 1. Test with 15 feet of water to include the highest horizontal vent in the filled piping TOLERANCES FOR UNDERGROUND PIPE LAYING A. Construction tolerances for the work covered by this section shall be as follows: B. Pressure Main Installation. 1. Alignment: + 1/10 inside pipe dia. C. Gravity Main Installation. 1. Grade less than 1%: + 1/4" 2. Grade greater than 1%: + 2" 3. Alignment: + 1/10 inside pipe dia. D. Manhole Installation on Gravity Mains. 1. Horizontal location: + 2" 2. Vertical Plumb: + 2" of vertical 3. Elevation of inverts: ' 4. Elevation of cover: ' 5. Channel dimensions: + 1/4" 6. Channel smoothness: + 1/8" per two-foot straight edge 3.25 REQUIRED CLEARANCE BETWEEN WATER MAINS AND GRAVITY DRAINS A. Horizontal Clearance. New gravity drains and sewers shall be installed to provide no less than 10' of horizontal clearance measured from the edge of new or existing water mains to the edge of the sewer main. This applies to sewers adjacent to water mains and sewers crossing water mains at angles less than 85 degrees. B. Vertical Clearance. At crossings, gravity drains and sewers shall be installed to provide no less than 18" of vertical clearance measured from the edge of the water main to the edge of the drain or sewer main. This shall be the case where the water main is either above or below the sewer. The crossing shall be arranged so that the Section PIPING GENERAL Page 25 of 27

224 sewer joints will be equidistant and as far as possible from the water main joints. C. Special Conditions. When it is impossible to obtain the specified horizontal or vertical clearance, PVC water pipe shall be used in place of the PVC sewer pipe in all areas that are not in compliance with the clearance requirements specified. The PVC water pipe shall be pressure-tested by the Contractor to assure water tightness to the satisfaction of the Engineer. D. When a water main is found to intersect the alignment of a new sewer main as indicated on the Plans, the Contractor shall immediately notify the Engineer in writing. The Engineer will promptly evaluate the situation and issue a Field Order or Change Order as applicable to the Contractor with directions for alleviating the conflict. E. Claims for additional costs and contract time due to delays caused by conflicts with water mains will not be considered except for any special fittings, materials or construction methods ordered by the Engineer by issuance of a Field or Change Order as defined in Section above. The Contractor shall field verify water main locations and identify all conflicts with water mains sufficiently in advance of his sewer main construction to permit the conflicts to be remedied without delay FINAL CLEANING A. Interim Cleaning. 1. Prevent accumulation of weld rod, weld spatter, pipe cuttings and filings, gravel, cleaning rags, and other foreign material within piping sections during fabrication. 2. Examine piping to assure removal of these and other foreign objects prior to assembly and installation. B. Following assembly and testing, and prior to final acceptance, flush pipelines (except as stated below) with water to remove accumulated construction debris and other foreign matter. C. Flush until all foreign matter is removed from the pipeline. D. Provide hoses, temporary pipes, ditches, and other items as required to properly dispose of flushing water without damage to adjacent properties. E. Minimum Flushing Velocity: 2.5 fps. F. For large diameter pipe where it is impractical to flush the pipe at 2.5 fps velocity, clean the pipeline in-place from the inside by brushing and sweeping, then flush the Section PIPING GENERAL Page 26 of 27

225 line at a lower velocity. G. Insert cone strainers in the flushing connections to attached equipment and leave inplace until cleaning has been accomplished. H. Remove accumulated debris through drains 2 inches and larger or by removing spools and valves from piping. END OF SECTION Section PIPING GENERAL Page 27 of 27

226 Intentionally Left Blank

227 SECTION DETAIL PIPING SPECIFICATION CURED-IN-PLACE (CIPP) LINING OF EXISTING SEWERS PART 1: GENERAL 1.1 DESCRIPTION A. The work consists of furnishing all labor, equipment, materials, and incidentals required to rehabilitate existing sewer mains by the installation of cured-in-place pipe (CIPP) into the existing mains. Work will include bypass pumping, sewer cleaning, closed circuit television (CCTV) inspection of the sewers to be lined, installation of the liner, reinstatement of the services, final CCTV inspection and all other related work. All such work shall comply with these specifications and the specific product manufacturer s recommendations. Any conflict between the product manufacturer=s recommendations and any portion of the contract documents shall be resolved with the Owner prior to proceeding with the work. B. This standard specification does not address safety problems associated with the use of this product. It is the responsibility of the user of this specification to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use. Contractor shall be responsible for following all State, Federal, and EPA air quality and water quality standards and regulations and all applicable OSHA regulations. 1.2 REFERENCES A. ASTM Standards. The following references are part of this specification. The latest edition of the following references shall be used: ASTM D 543: ASTM D 638: ASTM D 790: ASTM D 2990: ASTM F 1216: ASTM F 1743: Standard Practices for Evaluating the Resistance of Plastics to Chemical Reagents. Standard Test Method for Tensile Properties of Plastics. Standard Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials. Standard Test Methods for Tensile, Compressive, and Flexural Creep, and Creep-Rupture of Plastics. Standard Practice for Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing of a Resin-Impregnated Tube. Standard Practice for Rehabilitation of Existing Pipelines and Section CIPP LINING OF EXISTING SEWERS Page 1 of 11

228 1.3 QUALITY ASSURANCE A. Requirements. Conduits by Pulled-In-Place Installation of Cured-In-Place Thermosetting Resin Pipe (CIPP) 1. The Contractor may substitute an alternative method other than by inversion to install the liner, as approved by the Engineer. 1. Products used in the work of this section shall be produced by manufacturers regularly engaged in the manufacture of cured-in-place liners for municipal wastewater systems and with a history of successful production acceptable to the owner. 2. The installing Contractor shall be licensed by the cured-in-place lining system manufacturer and shall have successful experience in the installation of cured-in-place lining systems in municipal wastewater systems. The Contractor shall also be familiar with the specified requirements and the methods needed for proper performance of the work in this section. 3. When requested by the owner, the Contractor shall submit evidence acceptable to the Owner, such as a certified copy of a license or agreement, that it has the authority to use and/or install the liner product. 4. The finished liner shall be continuous over the entire length of the liner insertion run between manholes and shall be free from visual defects such as foreign inclusions, dry spots, pinholes, and delamination. 5. Wrinkles in the finished liner pipe which cause a backwater of one inch or more or reduce the hydraulic capacity of the pipe are unacceptable and shall be removed or repaired by the Contractor. If a void between the wrinkle and the pipe develops, the Contractor shall repair or replace that section of the pipe. Methods of repair shall be proposed by the Contract and submitted to the Owner for review. 6. Following sewer cleaning and prior to installation of the liner and finish work at the manholes, the sewer shall be televised and recorded on video tape or digital format acceptable to the Owner such as CD or DVD and shall be provided to the Owner. The Contractor shall also televise the sewer after completion of all liner insertion and finish work at the manholes. 7. The Contractor s installation crew(s) shall have at least 16 hours of Continuing Education Credits on liner installation per year from the manufacturer of the cured-in-place materials. Section CIPP LINING OF EXISTING SEWERS Page 2 of 11

229 1.4 SUBMITTALS A. Materials. 1. Contractor shall provide submittals on all lining materials and resins and shall furnish the manufacturer s certifications that all of the liner materials are in compliance with the specifications, codes, and standards referenced herein. The submittals shall include installation instructions and details of all component materials and construction methods. The Contractor shall also provide the liner tube manufacturer=s certifications, field measurements, and pipe sizing calculations which demonstrate that the liner tube has been properly sized to avoid the creation of wrinkles or folds. The Contractor shall furnish Material Safety Data Sheets for all appropriate materials to be used in the project. B. Installation. 1.5 WARRANTY 1. The Contractor shall submit the method of liner insertion, liner size, thickness calculations, and assumptions used as the basis for calculations for review by the Owner proper to the start of work. The liner shall provide complete structural support without considering any structural support from the existing pipe except during construction. A. The Contractor shall provide the Owner with a warranty to be in force and effect for a period of one (1) year from the date of final acceptance of the project by the Owner. The warranty shall cause the Contractor to repair or replace the liner should failure or damage result from faulty materials or installation. At the end of the warranty period, the Owner may perform a television inspection to confirm the condition of the liner. PART 2: MATERIALS 2.1 GENERAL A. Certificate of Compliance 2.2 MATERIALS 1. A Certificate of Compliance with these Specifications shall be provided by the manufacturer for all materials furnished under these specifications. A. Liner Tube. Section CIPP LINING OF EXISTING SEWERS Page 3 of 11

230 B. Resin. 1. The liner tube shall consist of one or more layers of flexible needled felt of an equivalent non-woven material capable of carrying resin, withstanding installation pressures and during temperatures, and compatible with the resin system used. The liner tube shall be fabricated to a size that will fit the internal circumference of the existing sewer main. Allowance shall be made for stretching due to insertion of the liner and deterioration of existing pipe walls. 2. The minimum liner tube length shall be that deemed necessary by the Contractor to effectively and continuously span the distance from the inlet to the outlet of the respective manholes, unless otherwise specified. The Contractor shall verify the lengths in the field before impregnation and installation of the tube. Individual insertion runs may be made over one or more manhole sections as determined in the field by the Contractor and approved by the Owner. 3. Prior to insertion, the liner tube shall be free of all visible tears, holes, cuts, foreign materials, and other defects. 1. Unless otherwise specified, the Contractor shall furnish a general purpose, unsaturated, thermosetting, polyester resin, able to cure in the presence or absence of water, and a catalyst system compatible with the liner material that provides the cured physical and chemical resistance strengths specified. The initiation temperature for cure shall be as recommended by the resin manufacturer and approved by the Owner. Upon request, the Contractor shall furnish satisfactory written certification that the materials comply with the manufacturer=s standards and the reference specifications. Other resins for special applications may be used as required upon recommendations of the manufacturer. 2. General corrosion requirements: The liner shall be fabricated from materials which, when cured, will be chemically resistant to withstand exposure to normal sewage effluent. 3. Resin shall not be affected by ultraviolet light and shall form no excessive bubbling or wrinkling during lining. Resins shall be tinted for visibility and provide indication of adequate liner wet-out. Material safety data sheets (MSDS) for the resin, catalyst, cleaners, and repair agents should be submitted to the Owner for review. C. Design and Physical Properties. Section CIPP LINING OF EXISTING SEWERS Page 4 of 11

231 1. Thickness Design a. The liner thickness design shall be based on fully deteriorated conditions, a pipe ovality of 2%, an allowable deflection of 5%, and the resin s physical properties shown below unless the properties of the pipe and liner material are otherwise specified. Other criteria may be used if supported by field inspections and material tests. The Contractor shall provide detailed calculations of the proposed liner thickness for review by the Engineer as a submittal. 2. Loading. a. The liner shall be designed to withstand all internal and external loads taking into account internal pressure and external soil pressures, groundwater, paving and full traffic (H-20 or E-80 loads as applicable), all with a safety factor of Standards. a. The CIPP system shall conform to and comply with the minimum criteria listed below: Characteristic Test Method Polyester Resins Flexural Strength ASTM D 790 4,500 psi Flexural Modulus (Initial) Flexural Modulus (Long Term) ASTM D 790 ASTM D 2990 ASTM D ,000 psi 125,000 psi b. Higher values may be used if recommended by the manufacturer and supported by independent and verifiable tests. 4. Calculations. a. All calculations shall be signed and sealed by a registered Civil Engineer and be submitted to the Owner if requested by the Owner. 5. Inside Diameter. a. The net inside diameter of the reconstructed lined sewer shall be as Section CIPP LINING OF EXISTING SEWERS Page 5 of 11

232 6. Wet-Out. large and smooth as possible. a. The tube shall be vacuum impregnated with a resin and catalyst system and all material and methods utilized shall be in accordance with the requirements of the particular system utilized. 7. Minimum thickness. a. Minimum Liner Thickness, unless otherwise specified shall be as follows: Nominal Pipe Diameter 8-inch Minimum Thickness 4.5 mm 10- inch 6.0 mm 12-inch 15-inch >15-inch 6.0 mm 7.5 mm <50 SDR 9. Chemical Resistance. a. Chemical resistance shall be in accordance with the requirements of Section 8 of ASTM F 1216, section X2 of the Chemical Resistance Tests for polyester resins and completed in accordance with Test Method D543. Exposure should be for a minimum of one month at 73.4 degrees Fahrenheit when subjected to the following solutions: Chemical Solution Concentration % Tap Water (ph 6-9) 100 Nitric Acid 5 Phosphorus Acid 10 Sulphuric Acid 10 Section CIPP LINING OF EXISTING SEWERS Page 6 of 11

233 Chemical Solution Concentration % Gasoline 100 Vegetable Oil 100 Detergent 0.1 Soap 0.1 b. The Contractor shall be responsible for all costs associated with the chemical resistance tests. Proof of meeting these requirements shall be provided to the Owner for approval at least 7 days prior to the commencement of work. PART 3: INSTALLATION 3.1 PREPARATION A. Cleaning and Inspection. 1. Debris shall be removed from the pipeline with high velocity jet cleaners. The pipeline shall be inspected with CCTV equipment to assure that the pipe is in a condition that it can be lined. Obstructions shall be removed, and services marked for reinstatement prior to lining. B. Bypass Pumping. 1. Bypass pumping shall usually be made by plugging the upstream manhole and pumping the sewage into the downstream manhole, or by pumping into an alternate sewer system of adequate capacity to handle the additional sewage flow. The pump and bypass lines shall be sized to handle the anticipated flows. C. Sequence of Work. 1. The Contractor shall perform the work in the following sequence: a. Determine sewer flows and bypass pumping required. b. Clean the sewer. c. Divert sewer flow, if required. d. Pre-insertion internal CCTV inspection. e. Spot repairs as required. Section CIPP LINING OF EXISTING SEWERS Page 7 of 11

234 3.2 INSTALLATION PROCEDURES A. Installation. B. Water. f. Install the liner. g. Reinstate internal service connections. h. Post-insertion internal CCTV inspection. 1. Installation of the liner shall be through existing or new manholes. Excavation for liner insertion shall not be permitted except to remove and replace the manhole cones, if necessary and/or required. 1. Where water is used for insertion and curing processes it may be supplied from existing fire hydrants, if agreed to by the Owner. The Contractor shall make arrangements for obtaining water. C. Resin Impregnation. 1. The Contractor shall designate a location where the liner tube will be impregnated with resin prior to installation. The liner tube shall be impregnated by vacuum or other approved means. The Contractor shall allow the Owner to inspect the materials and "wet-out" procedure. A resin and catalyst system compatible with the requirement of this method shall be used. 2. Materials shall be transported to, and stored at, the site in such a manner that they will not be damaged, exposed to direct sunlight, or result in any public safety hazard. All materials shall be subject to inspection and review by Owner prior to installation. D. Liner Insertion. 1. The impregnated tube shall be inserted through existing or new manholes and inverted by the application of hydrostatic head, compressed air, or other means sufficient to fully extend it to the next designated manhole. 2. The Contractor shall ensure that the pressure in the liner exceeds both the pressure due to the groundwater head and any pressure due to sewage in laterals or connection side sewers. 3. A pre-liner may be installed prior to liner inversion in sewers with infiltration of missing pipe sections. Section CIPP LINING OF EXISTING SEWERS Page 8 of 11

235 E. Curing 1. After insertion of the tube is complete, the Contractor shall provide a suitable heat source and distribution system to circulate hot water, air, and/or steam through the pipe as recommended by the manufacturer. The equipment shall be capable of delivering hot water, air, and/or steam to uniformly raise the temperature above that required to cure the resin. This temperature shall be determined by the manufacturer based on the resin/catalyst system employed. 2. The heat source piping shall be fitted with suitable continuous monitoring thermocouples to gauge the temperature of the incoming and outgoing curing medium. The temperature of the curing medium shall meet the requirements of the resin manufacturer as measured at the heat source inflow and outflow return lines. Additional continuous monitoring thermocouples shall be placed between the impregnated felt tube and the pipe invert at the manholes. The curing medium temperature in the line during the cure period shall be as recommended by the resin manufacturer. Care shall be taken during the elevated curing temperature so as not to over stress the liner materials. 3. Initial cure shall be deemed to be completed when inspection of the exposed portions of liner appear to be hard and sound and the remote temperature sensor indicates that the temperature is of a magnitude to realize an exotherm. The cure temperature shall be held for the period recommended by the resin manufacturer, during which time the distribution and control of the curing medium shall continue. The curing process for the CIPP shall consider the host pipe material, resin/catalyst system, ambient temperature, moisture level, and thermal conductivity of the soil. F. Cool-Down. A. The Contractor shall cool the hardened liner to a temperature below 100 degrees Fahrenheit before relieving the pressure in the section. Cool-down may be accomplished by the introduction of cool water or air into the lined pipe to replace water or steam and water being drained. Water shall be drained from a small hole made in the downstream end. Care shall be taken in the release of the static head or air pressure so that a vacuum will not be developed that could damage the pipe or the newly installed lining. After the tube is cured, a cool down period shall be used prior to opening the downstream plug and returning normal flow back into the system. G. Sealing at Manholes. 1. A tight seat at the manhole walls consisting of a resin mixture compatible with the liner/resin system may be applied in accordance with manufacturer Section CIPP LINING OF EXISTING SEWERS Page 9 of 11

236 specifications. H. Finish. 3.3 TESTING 1. The finished CIPP shall be continuous over the entire length of any section and be as free as commercially practicable from visual defects such as foreign inclusions, dry spots, pinholes and delamination. A. Material Testing. 1. All material testing shall be performed by a registered independent, thirdparty laboratory. 2. The Contractor shall provide certified test results for the short-term properties of the cured lining material as required by the Owner, or at least one test per liner batch, or 3,000 feet of installed liner. The liner shall be in compliance with the physical properties described in these specifications. Flexural strength and modulus shall be tested in accordance with the requirements of ASTM D 790. Tensile strength and modulus of elasticity shall be tested in accordance with the requirements of ASTM D 638. Long term flexural modulus is defined as 50 years and is determined in accordance with the requirements of ASTM D Corrosion resistance requirements shall be tested in accordance with the requirements of ASTM F 1216, Section X2, Chemical Resistance Tests for polyester resins. Delamination shall be in accordance with ASTM F 1216, 8.4. B. Inspection. 1. After the work is completed, the Contractor shall inspect the pipeline by CCTV (color) and shall provide the Owner with one copy of a videotape, CD or DVD of this inspection log for the Owner's records. Any repaired areas shall be re-televised. 3.4 REINSTATEMENT OF SERVICES A. Service Cuts. 1. All live services shall be reinstated as soon as practical after rehabilitation, testing, cooling, and acceptance of the sewer lines. Inactive services may be left unopened as directed by the Owner. It is the Contractor's responsibility to locate all live services prior to rehabilitation activities. Each serviced connection shall be noted by its size, position from a reference manhole, and Section CIPP LINING OF EXISTING SEWERS Page 10 of 11

237 orientation with respect to the circumference of the pipe. Reconnection shall be accomplished from the interior of the sewer lines by means of a television camera and remote-controlled cutting device. No excavation will be allowed. B. Cutting and Brushing. 1. Holes cut through the rehabilitation liner shall be the same shape as the service connection and done in a two-step process. The holes shall be first cut open with a router bit or deburring tool, and then brushed with a wire brush to a neat and smooth surface. Holes shall reopen service lines to a minimum of 90% of the service lateral except for PVC services which shall be reopened to a minimum of 85% of the service lateral. A one-step process that accomplishes the same effect may be used if approved by the Owner. 2. All uncapped laterals shall be opened unless otherwise directed by the Owner. END OF SECTION Section CIPP LINING OF EXISTING SEWERS Page 11 of 11

238 Intentionally Left Blank

239 SECTION DETAIL PIPING SPECIFICATION POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS - GRAVITY SERVICE PART 1: GENERAL 1.1 DESCRIPTION A. This section covers materials and installation for PVC plastic pipe materials for gravity service. B. Products and methods described herein are supplemental to products and methods specified in Section 15060, PIPING - GENERAL. PART 2: MATERIALS 2.1 PIPE A. Rigid PVC Pipe. 2.2 NIPPLES Inches Through 27 Inches: SDR 35 PVC conforming to ASTM D1784 and ASTM F679, T-1 wall thickness Inches Through 15 Inches: SDR 35 PVC conforming to ASTM D1784 and ASTM D Inches and Smaller: Schedule 40 PVC drain/waste/vent conforming to ASTM D1784 and ASTM D1785 with socket ends; NSF certified. A. Rigid Pipe. Same as pipe, except threaded nipples shall be Schedule JOINTS A. 4 Inches and Larger: Gasketed bell and spigot, manufacturer's standard. B. 3 Inches and Smaller: Solvent-weld, except where connecting to unions, valves, and equipment with threaded connections that may require future disassembly. Section PVC PIPE AND FITTINGS, GRAVITY SERVICE Page 1 of 3

240 2.4 FITTINGS A. 4 Inches and Larger: SDR 35 gasketed, as specified under PIPE above. B. 3 Inches and Smaller: Conforming to the requirements of ASTM D2466 for socket type and ASTM D2464 for threaded type. 2.5 GASKETS A. Full-faced, 1/8-inch thick, fabricated from ethylene propylene rubber (EPR). B. When mating flange has raised face, use flat ring gasket and provide filler gasket between OD of raised face and flange OD to protect PVC flange from bolting moment. C. Bell and spigot joints: Manufacturer's standard. 2.6 SOLVENT CEMENT A. All socket connections shall be joined with PVC solvent cement conforming to ASTM D2564. Manufacture and viscosity shall be as recommended by the pipe and fitting manufacturer to assure compatibility. 2.7 THREAD LUBRICANT A. Teflon tape. PART 3: EXECUTION 3.1 GENERAL A. See Section 15060, PIPING - GENERAL. B. All rigid PVC pipe shall be cut, made up, and installed in accordance with the pipe manufacturer's recommendations. Plastic pipe shall be laid by snaking the pipe from one side of the trench to the other. Offset shall be as recommended by the manufacturer for the maximum temperature variation between time of solvent welding and during operation. C. Schedule 40 pipe shall not be threaded. Use Schedule 80 threaded nipple where necessary to connect to threaded fittings. D. Only strap wrenches shall be used for tightening threaded plastic joints, and care shall be taken not to over tighten these fittings. Pipe shall not be laid when the Section PVC PIPE AND FITTINGS, GRAVITY SERVICE Page 2 of 3

241 temperature is below 40Ε F, nor above 90Ε F when exposed to direct sunlight. Ends to be joined shall be shielded from direct sunlight prior to and during the laying operation. E. Provide adequate ventilation when working with pipe joint solvent cement. END OF SECTION Section PVC PIPE AND FITTINGS, GRAVITY SERVICE Page 3 of 3

242 Intentionally Left Blank

243 SECTION VI PREVAILING WAGE RATES

244 Intentionally Left Blank

245 General Decision Number: MT /03/2018 MT78 Superseded General Decision Number: MT State: Montana Construction Type: Heavy Counties: Blaine, Chouteau, Fergus, Glacier, Golden Valley, Hill, Judith Basin, Liberty, Musselshell, Petroleum, Pondera, Sweet Grass, Teton and Wheatland Counties in Montana. HEAVY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at Modification Number Publication Date 0 01/05/ /16/ /01/ /27/ /03/2018 * ELEC /01/2018 Rates Fringes LINE CONSTRUCTION (1) Lineman...$ % (3) Groundman...$ % ELEC /01/2018 BLAINE, CHOUTEAU, FERGUS, GLACIER, JUDITH BASIN, LIBERTY, PETROLEUM, PONDERA,WHEATLAND, HILL, AND TETON COUNTIES Rates Fringes ELECTRICIAN...$

246 ELEC /01/2018 GOLDEN VALLEY AND MUSSLESHELL COUNTIES Rates Fringes ELECTRICIAN...$ ELEC /01/2018 SWEET GRASS COUNTY Rates Fringes ELECTRICIAN...$ % ENGI /01/2013 Rates Fringes POWER EQUIPMENT OPERATOR: (Zone 1) (1) A-frame truck Crane, oiler (except crane)...$ (2) Crane Oiler,Bulldozer, Roller (Dirt and Grade Compaction), Excavator...$ (3) Mechanic, Scraper...$ (4) Cranes, 25 tons - 44 tons...$ (5) Cranes, 45 tons to and incl. 74 tons...$ (6) Cranes, 75 tons to and incl. 149 tons; Cranes, Whirley (All)...$ (7) Cranes, 150 tons to including 250 tons (add $1.00 for every 100 tons over 250 tons); Crane, Stiff- Leg or Derrick; Helicopter Hoist; Crane, Tower (all)...$ ZONE DEFINITIONS FOR POWER EQUPMENT OPERATORS: The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Court House of the following listed towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL, MISSOULA Zone 1: 0 to 30 miles - Base Pay Zone 2: 30 to 60 miles - Base Pay + $3.50

247 Zone 3: Over 60 miles - Base Pay + $ IRON /01/2017 GLACIER COUNTY Rates Fringes IRONWORKER: Reinforcing and Structural...$ IRON /01/2017 BLAINE, CHOUTEAU, FERGUS, GOLDEN VALLEY, HILL, JUDITH BASIN, LIBERTY, MUSSELSHELL, PETROLEUM, PONDERA, SWEET GRASS, TETON, AND WHEATLAND COUNTIES Rates Fringes IRONWORKER: Reinforcing and Structural...$ * TEAM /01/2017 Rates Fringes TRUCK DRIVER (2) Dump Truck ZONE A...$ ZONE B (30-60 miles from County Courthouse of listed cities*): Add $3.05 per hour to ZONE A rates ZONE C (over 60 miles from County COurthouse of listed cities*): Add $4.85 per hour to ZONE A rates. *Zone pay will be calculated from the city center of the following listed cities: BILLINGS BOZEMAN BUTTE GREAT FALLS HELENA KALISPELL MISSOULA SUMT /08/2011 Rates Fringes CARPENTER (Form Work Only)...$ CARPENTER, Excludes Form Work...$ LABORER: Common or General...$ LABORER: Pipelayer...$

248 LABORER: Landscape and Irrigation...$ OPERATOR: Backhoe...$ OPERATOR: Bobcat/Skid Steer/Skid Loader...$ OPERATOR: Grader/Blade...$ OPERATOR: Loader (Front End)...$ WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were

249 prevailing for that classification in the survey. Example: PLUM /01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers indicates the local union number or district council number where applicable, i.e., Plumbers Local The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA /13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH /29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/cba rate of the union locals from which the rate is based WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be:

250 * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION

251 MONTANA PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2018 Effective: January 27, 2018 Steve Bullock, Governor State of Montana Galen Hollenbaugh, Commissioner Department of Labor and Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ERD at or contact: Employment Relations Division Montana Department of Labor and Industry P. O. Box Helena, MT Phone TDD The Labor Standards Bureau welcomes questions, comments, and suggestions from the public. In addition, we ll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections and of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of Section , et seq., MCA. It is required each employer pay (as a minimum) the rate of wages, including fringe benefits, travel allowance, zone pay and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at or by contacting the Labor Standards Bureau at (406) or TDD (406) In addition, this publication provides general information concerning compliance with Montana s Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at or contact the Labor Standards Bureau at (406) or TDD (406) GALEN HOLLENBAUGH Commissioner Department of Labor and Industry State of Montana

252 MONTANA PREVAILING WAGE REQUIREMENTS: TABLE OF CONTENTS A. Date of Publication. 3 B. Definition of Heavy Construction... 3 C. Definition of Public Works Contract... 3 D. Prevailing Wage Schedule 3 E. Rates to Use for Projects 3 F. Wage Rate Adjustments for Multiyear Contracts 3 G. Fringe Benefits. 4 H. Dispatch City. 4 I. Zone Pay.. 4 J. Computing Travel Benefits 4 K. Per Diem.. 4 L. Apprentices.. 4 M. Posting Notice of Prevailing Wages. 5 N. Employment Preference... 5 O. Projects of a Mixed Nature... 5 P. Occupations Definitions Website... 5 Q. Welder Rates. 5 R. Foreman Rates. 5 WAGE RATES: BOILERMAKERS.. 6 BRICK, BLOCK, AND STONE MASONS... 6 CARPENTERS.. 6 CEMENT MASONS AND CONCRETE FINISHERS.. 7 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP OPERATORS GROUP 2. 7 OPERATORS GROUP 3. 8 OPERATORS GROUP 4. 8 OPERATORS GROUP 5. 8 OPERATORS GROUP 6. 8 OPERATORS GROUP 7. 9 CONSTRUCTION LABORERS LABORERS GROUP 1. 9 LABORERS GROUP 2. 9 LABORERS GROUP LABORERS GROUP DIVERS. 10 DIVER TENDERS. 11 ELECTRICIANS HEATING AND AIR CONDITIONING INSULATION WORKERS - MECHANICAL (HEAT AND FROST) IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS. 12 LINE CONSTRUCTION EQUIPMENT OPERATORS GROUNDMAN LINEMAN MILLWRIGHTS.. 13 PAINTERS PILE BUCKS.. 13 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS.. 14 SHEET METAL WORKERS 14 SOLAR PHOTVOLTAIC INSTALLERS TRUCK DRIVERS

253 A. Date of January 27, 2018 B. Definition of Heavy Construction The Administrative Rules of Montana (ARM), (4) (4)(a), states Heavy construction projects include, but are not limited to, those projects that are not properly classified as either building construction, or highway construction. Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designed for commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut-offs, chemical complexes or facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredging projects, electrification projects (outdoor), fish hatcheries, flood control projects, industrial incinerators (other than building), irrigation projects, jetties, kilns, land drainage (not incidental to other construction), land leveling (not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries (other than buildings), pipe lines, ponds, pumping stations (prefabricated drop-in units not buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers (sanitary, storm, etc.), shoreline maintenance, ski tows, storage tanks, swimming pools (outdoor), subways (other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts (other than highway), water mains, waterway construction, water supply lines (not incidental to building), water and sewage treatment plants (other than buildings) and wells. C. Definition of Public Works Contract Section (11)(a), MCA defines public works contract as a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of $25, D. Prevailing Wage Schedule This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction, Highway Construction and Nonconstruction Services occupations can be found on the internet at or by contacting the Labor Standards Bureau at (406) or TDD (406) E. Rates to Use for Projects ARM, (1)(c), states The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised. F. Wage Rate Adjustments for Multiyear Contracts Section , MCA states: (1) Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3% increase. The adjustment must be made and applied every 12 months for the term of the contract. (3) Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency. 3

254 G. Fringe Benefits Section , MCA states: (1) To fulfill the obligation...a contractor or subcontractor may: (a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor. Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. H. Dispatch City ARM, (11), defines dispatch city as...the courthouse in the city from the following list which is closest to the center of the job: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, and Missoula. I. Zone Pay Zone pay is not travel pay. ARM, (24), defines zone pay as...an amount added to the base pay; the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job. See section H above for a list of dispatch cities. J. Computing Travel Benefits ARM, (22), states Travel pay, also referred to as travel allowance, is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job. See section H above for a list of dispatch cities. K. Per Diem ARM, (18), states Per diem typically covers costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer. L. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section (2), MCA states, The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract. Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. 4

255 M. Posting Notice of Prevailing Wages Section , MCA, provides that contractors, subcontractors, and employers who are performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees. N. Employment Preference Sections and , MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O. Projects of a Mixed Nature Section , MCA states: (1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification P. Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: Q. Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. R. Foreman Rates Rates are no longer set for foremen. However, if a foreman performs journey level work, the foreman must be paid at least the journey level rate. 5

256 WAGE RATES BOILERMAKERS Wage Benefit $30.25 $30.30 Duties Include: Construct, assemble, maintain, and repair stationary steam boilers, boiler house auxiliaries, process vessels, pressure vessels and penstocks. Bulk storage tanks and bolted steel tanks. Travel: mi. free zone >120 mi. federal mileage rate/mi. Special Provision: Travel is paid only at the beginning and end of the job. Per Diem: 0-70 mi. free zone > mi. $55.00/day >120 mi. $70.00/day Back to Table of Contents BRICK, BLOCK, AND STONE MASONS Wage Benefit $31.07 $13.90 Travel: 0-20 mi. free zone >20-35 mi. $30.00/day >35-55 mi. $35.00/day >55 mi. $65.00/day Back to Table of Contents CARPENTERS Wage Benefit $29.00 $13.07 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. Back to Table of Contents 6

257 CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit $21.73 $10.51 Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $2.95/hr. >60 mi. base pay + $4.75/hr. Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit $26.41 $12.20 This group includes but is not limited to: Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit $27.20 $12.20 This group includes but is not limited to: Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumpcrete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot (Self-Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine; Washing /Screening Plant Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. Back to Table of Contents 7

258 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit $28.45 $12.20 This group includes but is not limited to: Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt (Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit $29.45 $12.20 This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit $30.45 $12.20 This group includes but is not limited to: Cranes, 45 tons up to and incl. 74 tons. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit $31.45 $12.20 This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. Back to Table of Contents 8

259 CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit $32.45 $12.20 This group includes but is not limited to: Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons add $1.00 for every 100 tons over 250 tons; Crane, Tower (All); Crane Stiff-Leg or Derrick; Helicopter Hoist. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. Back to Table of Contents CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit $21.58 $9.99 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit $24.40 $9.99 This group includes but is not limited to: General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. Back to Table of Contents 9

260 CONSTRUCTION LABORERS GROUP 3 Wage Benefit $24.54 $9.99 This group includes but is not limited to: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker) Non- Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster (excluding all surface preparation work for paint); Sod Cutter-Power and Tamper. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. Back to Table of Contents CONSTRUCTION LABORERS GROUP 4 Wage Benefit $26.01 $9.99 This group includes but is not limited to: Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete) Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ***Hod Carriers will receive the same amount of travel and/or subsistence pay as bricklayers when requested to travel. Back to Table of Contents DIVERS Wage Benefit Stand-By $37.58 $16.14 Diving $75.16 $16.14 Depth Pay (Surface Diving) 0-20 ft. free zone > ft. $2.00 per ft. > ft. $3.00 per ft. > ft. $4.00 per ft. >220 ft. $5.00 per ft. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. Diving In Enclosures 0-25 ft. free zone > ft. $1.00 per ft. Back to Table of Contents 10

261 DIVER TENDERS Wage Benefit $36.58 $16.14 The tender shall receive 2 hours at the straight time pay rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. Back to Table of Contents ELECTRICIANS Wage Benefit $32.74 $13.84 Travel: No mileage due when traveling in employer s vehicle. The following travel allowance is applicable when traveling in employee s vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. >60 mi. $75.00/day Back to Table of Contents HEATING AND AIR CONDITIONING Wage Benefit $28.04 $17.38 Duties Include: Testing and balancing, commissioning and retrocommissioning of all air-handling equipment and duct work. Travel: 0-50 mi. free zone >50 mi. $0.25/mi. in employer vehicle. $0.65/mi. in employee vehilcle. Per Diem: $65/day Back to Table of Contents 11

262 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit $34.17 $19.47 Duties Include: Insulate pipes, ductwork or other mechanical systems. Travel: 0-30 mi. free zone >30-40 mi. $20.00/day >40-50 mi. $30.00/day >50-60 mi. $40.00/day >60 mi. $45.00/day plus $0.56/mi. if transportation is not provided. $0.20/mi. if in company vehicle. >60 mi. $80.00/day on jobs requiring an overnight stay plus $0.56/mi. if transportation is not provided. $0.20/mi. if in company vehicle. Back to Table of Contents IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit $27.25 $24.54 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. Travel: 0-45 mi. free zone >45-85 mi. $55.00/day >85 mi. $85.00/day Back to Table of Contents LINE CONSTRUCTION EQUIPMENT OPERATORS Duties Include: All work on substations Wage Benefit $34.02 $14.41 Travel: No Free Zone $60.00/day Back to Table of Contents LINE CONSTRUCTION GROUNDMAN Duties Include: All work on substations Wage Benefit $26.56 $13.56 Travel: No Free Zone $60.00/day Back to Table of Contents 12

263 LINE CONSTRUCTION LINEMAN Duties Include: All work on substations Wage Benefit $44.41 $15.54 Travel: No Free Zone $60.00/day Back to Table of Contents MILLWRIGHTS Wage Benefit $32.00 $13.07 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. Back to Table of Contents PAINTERS Wage Benefit $25.05 $16.72 Duties Include: All surface preparation for paint. Travel: No mileage due when traveling in employer s vehicle. The following travel allowance is applicable when traveling in employee s vehicle: No free zone. $0.60/mi. Per Diem: $80.00/day Back to Table of Contents PILE BUCKS Wage Benefit $29.00 $13.07 Duties Include: Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. Back to Table of Contents 13

264 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit $35.16 $17.86 Duties Include: Assemble, install, alter, and repair pipe-lines or pipe systems that carry water, steam, air, other liquids or gases. Testing of piping systems, commissioning and retro-commissioning. Workers in this occupation may also install heating and cooling equipment and mechanical control systems. Travel: 0-70 free zone >70 mi. On jobs when employees do not work consecutive days: $0.55/mi. if employer doesn t provide transportation. Not to exceed two trips. On jobs when employees work any number of consecutive days: $100.00/day. Back to Table of Contents SHEET METAL WORKERS Wage Benefit $28.04 $17.38 Duties Include: Testing and balancing, commissioning and retrocommissioning of all air-handling equipment and duct work. Manufacture, fabrication, assembling, installation, dismantling, and alteration of all HVAC systems, air veyer systems, and exhaust systems. All lagging over insulation and all duct lining. Metal roofing. Travel: 0-50 mi. free zone >50 mi. $0.25/mi. in employer vehicle $0.65/mi. in employee vehicle Per Diem: $65.00/day Back to Table of Contents SOLAR PHOTOVOLTAIC INSTALLERS Wage Benefit $32.74 $13.84 Travel: No mileage due when traveling in employer s vehicle. The following travel allowance is applicable when traveling in employee s vehicle: 0-08 mi. free zone >08-50 mi. federal mileage rate/mi. in excess of the free zone. >50 mi. $66.00/day Back to Table of Contents 14

265 TRUCK DRIVERS Wage Benefit Pilot Car Driver $24.85 $9.42 Truck Driver $28.88 $9.42 Truck drivers include but are not limited to: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks. Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay +.$4.85/hr. Back to Table of Contents 15

266 Intentionally Left Blank

267 APPENDIX A MISCELLANEOUS FORMS

268 Intentionally Left Blank

269 NOTICE OF AWARD TO: DATE: PROJECT: PROJECT NO: PROJECT DESCRIPTION: 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. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of,. OWNER: BY: SIGNATURE PRINT OR TYPE NAME TITLE ACCEPTANCE OF NOTICE OF AWARD Receipt of the above Notice of Award is hereby acknowledged this day of,. CONTRACTOR: BY: SIGNATURE PRINT OR TYPE NAME TITLE Notice of Award Page 1 of 1 ROBERT PECCIA & ASSOCIATES copyright c 2011 RPA

270 Intentionally Left Blank

271 AGREEMENT FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the day of, in the year, by and between, (hereinafter called Owner) and, (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. SCOPE OF WORK Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows (Title, Schedule): The Project which includes the Work in the Contract Documents may be generally described as follows (Project Name): ARTICLE 2. TIME OF COMPLETION The Work to be performed under this Contract shall be commenced on or before a date set forth by the Owner in a written "Notice to Proceed" and shall be completed within calendar days. Liquidated damages are as stipulated in Article 6. ARTICLE 3. THE CONTRACT SUM The Owner shall pay the Contractor for the performance of the Contract, subject to additions and deductions caused by quantity variations on unit price work, the amount of $. ARTICLE 4. PROGRESS PAYMENTS The Owner shall make payments on account of the Contract as follows: 100% of the value (less up to 5% retainage as provided in the Special Provisions), based on the Contract prices of labor and materials incorporated in the work and of materials suitably stored at the project site or at some other location agreed upon in writing, on a monthly basis, less the aggregate of the previous payments. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Upon final completion and acceptance of the Work in accordance with paragraph of the General Conditions, Owner shall pay the remainder of the Contract price as recommended by Engineer as provided in said paragraph ARTICLE 6. LIQUIDATED DAMAGES The contractor agrees to pay liquidated damages for each consecutive calendar day work continues past the contract time, until such work is substantially complete. Liquidated damages for this contract will be per day, plus reimbursement for the unscheduled employment of the Engineer. Page 1 of 3 ROBERT PECCIA & ASSOCIATES copyright c 2011

272 AGREEMENT ARTICLE 7. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement Contractor makes the following representations: 7.1 Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 Contractor has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Special Provisions of Contract Documents, and accepts the determination set forth in the Contract Documents of the extent of the technical data contained in such reports and drawings, and has personally completed his own field investigations. 7.3 Contractor has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site that otherwise may affect the cost, progress, performance or furnishing of the Work as Contractor considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 7.4 Contractor has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by Contractor in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.04 of the General Conditions. 7.5 Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 Contractor has given Engineer written notice of all conflicts, errors or discrepancies he has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. ARTICLE 8. NO DAMAGES FOR DELAY - OTHER CONTRACTORS It shall be the affirmative duty of each and every Contractor on the project to cooperate and coordinate the scheduling and progress of its work with that of all other Contractors. Under no circumstances shall the Owner be liable for any damages for delay. It is further stipulated and agreed that the terms of this provision shall govern any other Contract document as defined in this Agreement. ARTICLE 9. THE CONTRACT DOCUMENTS The Bid Documents, together with this Agreement, form the Contract; and they are as totally a part of the Contract as if hereto attached or herein repeated. The following is an enumeration of the Contract Documents: Invitation for Bid, Instructions to Bidders, Bid Proposal, Bid Bond, Notice of Award, Agreement, Performance Bond, Labor and Material Bond, Insurance Certificates, Consent of Surety, Notice to Proceed, Work Directive Change, Change Order, Affidavit on Behalf of Contractor, Approval of Subcontractors, Substitution Request Form, Schedule of Values, Payment Request, Contractor's Certificate of Completion, Certificate of Substantial Completion, General Conditions, Supplementary Conditions, Special Provisions, Technical Specifications, Drawings, Wage Rates. Page 2 of 3 ROBERT PECCIA & ASSOCIATES copyright c 2011

273 AGREEMENT IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpart each has been delivered to Owner, Contractor and Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor or by Engineer on their behalf. This Agreement will be effective on the first date written above. OWNER: CONTRACTOR: BY: SIGNATURE DATE BY: SIGNATURE DATE PRINT OR TYPE NAME PRINT OR TYPE NAME TITLE TITLE (SEAL) (SEAL) ATTEST: SIGNATURE DATE ATTEST: SIGNATURE DATE PRINT OR TYPE NAME PRINT OR TYPE NAME TITLE TITLE ADDRESS FOR GIVING NOTICES ADDRESS FOR GIVING NOTICES Page 3 of 3 ROBERT PECCIA & ASSOCIATES copyright c 2011

274 Intentionally Left Blank

275 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 Contractor s Name and Corporate Seal (seal) Surety s Name and Corporate Seal (seal) By: Signature By: Signature (attach power of attorney) Print Name Print Name Title Attest: Signature Title Attest: 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. 1 of 3

276 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 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: 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 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. 2 of 3

277 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 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 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 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 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 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: 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 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

278 Intentionally Left Blank

279 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 Contractor s Name and Corporate Seal (seal) Surety s Name and Corporate Seal (seal) By: Signature By: Signature (attach power of attorney) Print Name Print Name Title Title Attest: Signature Attest: 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. 1 of 3

280 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, have furnished a written notice of nonpayment 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 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 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 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. 2 of 3

281 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 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 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 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 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 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: 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

282 Intentionally Left Blank

283 NOTICE TO PROCEED TO: DATE: PROJECT: PROJECT NO: 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,,. OWNER: BY: SIGNATURE DATE PRINT OR TYPE NAME TITLE ACCEPTANCE OF NOTICE TO PROCEED Receipt of the above Notice to Proceed is hereby acknowledged this day of,. CONTRACTOR: BY: SIGNATURE DATE PRINT OR TYPE NAME TITLE Notice to Proceed Page 1 of 1 ROBERT PECCIA & ASSOCIATES copyright c 2011 RPA

284 Intentionally Left Blank

285 APPROVAL OF SUBCONTRACTORS PROJECT TITLE: PROJECT NO: CONTRACTOR: 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. NAME AND ADDRESS OF SUBCONTRACTOR MONTANA PUBLIC CONTRACTOR S REGISTRATION NO. TYPE OF WORK APPROXIMATE VALUE OF SUBCONTRACT TOTAL: Any deviation from this list shall be approved by the Owner prior to the subcontractor conducting the work. SIGNED BY (Contractor): SIGNATURE PRINT OR TYPE NAME DATE CHECKED BY (Engineer): SIGNATURE PRINT OR TYPE NAME DATE APPROVED BY (Owner): SIGNATURE PRINT OR TYPE NAME DATE Approval of Subcontractors 1 of 1 ROBERT PECCIA & ASSOCIATES copyright c 2011 RPA

286 Intentionally Left Blank

287 SUBSTITUTION REQUEST FORM TO (Engineer): PROJECT TITLE: PROJECT NUMBER: We hereby submit for your consideration the following product instead of the specified item for the above project. SPECIFICATION SECTION: PARAGRAPH: SPECIFIED ITEM: PROPOSED SUBSTITUTION: 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.) 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) The undersigned states that the function, appearance, and quality are equivalent or superior to the specified item. CHECKED BY ENGINEER: SUBMITTED BY: Accepted Accepted As Noted SIGNATURE PRINT OR TYPE NAME TITLE DATE BY: Not Accepted SIGNATURE Received Too Late DATE ADDRESS: PRINT OR TYPE NAME TITLE REMARKS: DATE: TELEPHONE: OWNER APPROVAL: BY: SIGNATURE DATE PRINT OR TYPE NAME TITLE Substitution Request Form 1 of 1 ROBERT PECCIA & ASSOCIATES copyright c 2015 RPA

288 Intentionally Left Blank

289 SCHEDULE OF VALUES FOR CONTRACT PAYMENT (Applies ONLY to Lump Sum Bid Items) PROJECT TITLE: PROJECT NO: CONTRACTOR: BID ITEM NO. DESCRIPTION OF BID ITEM COMPONENT OF WORK (Describe) COST PER COMPONENT TOTAL COST OF WORK ITEMS FOR PAYMENT REQUEST: 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. SIGNED BY (Contractor): SIGNATURE PRINT OR TYPE NAME DATE CHECKED BY (Engineer): SIGNATURE PRINT OR TYPE NAME DATE APPROVED BY (Owner): SIGNATURE PRINT OR TYPE NAME DATE Schedule of Values for Contract Payment 1 of 1 ROBERT PECCIA & ASSOCIATES copyright c 2015 RPA

290 Intentionally Left Blank

291 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 Receipts No. Estimate Estimate Retainage Tax Total Totals: 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: 0 Contractor 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 Associates Engineer By: F:\waste\ Chester Engineering Services \2018 Design\Specs\Misc Form\APPLICATION AND CERTIFICATION FOR PAYMENT.xls

292 CONTINUATION SHEET Page 2 of 2 Application and Certification for Payment, containing Application No. 1 Contractor's signed Certification is attached. In tabulations below, amounts are stated to the nearest dollar. Date (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) (L) Total Amount Contract Previous Current Quantity Materials Less Earned Item Contract Unit Contract Quantity Quantity Complete Total on Materials This No. Description of Work Quantity Price Price Requested Completed To Date Cost Site Installed Estimate TOTALS F:\waste\ Chester Engineering Services \2018 Design\Specs\Misc Form\APPLICATION AND CERTIFICATION FOR PAYMENT.xls

293 WORK DIRECTIVE CHANGE Instructions on Next Page PROJECT TITLE: PROJECT NO.: OWNER: CONTRACT DATE: ENGINEER: CONTRACTOR: You are directed to proceed promptly with the following change(s): DESCRIPTION: PURPOSE OF WORK DIRECTIVE CHANGE: ATTACHMENTS: (List documents supporting change) 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). Method of determining change in Contract Price: Time and Materials Unit Prices Cost Plus Fixed Fee Other Estimated increase (decrease) in Contract Price: $ amount. If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Method of determining change in Contract Time: Contractor s Records Engineer s Records Other Estimated increase (decrease) in Contract Time: days. If the change involves an increase, the estimated time is not to be exceeded without further authorization. RECOMMENDED BY (Engineer): SIGNATURE PRINT OR TYPE NAME DATE AUTHORIZED BY (Owner): SIGNATURE PRINT OR TYPE NAME DATE ACCEPTED BY (Contractor): SIGNATURE PRINT OR TYPE NAME DATE Work Directive Change 1 of 2 ROBERT PECCIA & ASSOCIATES copyright c 2011 RPA

294 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. Work Directive Change 2 of 2 ROBERT PECCIA & ASSOCIATES copyright c 2011 RPA

295 CHANGE ORDER PROJECT TITLE: PROJECT NO.: OWNER: CHANGE ORDER NO.: DATE OF CHANGE ORDER: CONTRACTOR: CONTRACT DATE: 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. ITEM NO. DESCRIPTION QUANTITY UNITS UNIT PRICE AMOUNT BASIS OF UNIT PRICE JUSTIFICATION OF CHANGE ORDER: SUMMARY OF COST AND TIME: COST BREAKDOWN: Original Contract Price: Previous Change Order Amount: Current Contract Price: Amount of This Change Order: New Contract Price: TIME BREAKDOWN: Start of Construction: Calendar Days by Contract: Contract Completion Date: No. of Days Granted This Change Order: New Contract Completion Date: 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. Change Order 1 of 2 ROBERT PECCIA & ASSOCIATES copyright c 2011 RPA

296 CHANGE ORDER 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 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 COMPANY By: SIGNATURE PRINT OR TYPE NAME TITLE SURETY COMPANY (SEAL) By: SIGNATURE PRINT OR TYPE NAME TITLE RECOMMENDED BY (Engineer): SIGNATURE PRINT OR TYPE NAME DATE ACCEPTED BY (Contractor): SIGNATURE PRINT OR TYPE NAME DATE APPROVED BY (Owner): SIGNATURE PRINT OR TYPE NAME DATE Change Order 2 of 2 ROBERT PECCIA & ASSOCIATES copyright c 2011 RPA

297 AFFIDAVIT ON BEHALF OF CONTRACTOR STATE OF: COUNTY OF: ):ss ) PROJECT: PROJECT NUMBER: DATE: 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. CONTRACTOR: Subscribed and sworn to before me this day of,. BY: SIGNATURE DATE NOTARY PUBLIC FOR THE STATE OF MONTANA RESIDING AT PRINT OR TYPE NAME TITLE MY COMMISSION EXPIRES Affidavit On Behalf of Contractor 1 of 1 ROBERT PECCIA & ASSOCIATES copyright c 2011 RPA

298 Intentionally Left Blank

299 CONTRACTOR S CERTIFICATE OF COMPLETION TO (Owner): DATE: PROJECT: PROJECT NO: ATTN (Engineer): FROM (Contractor): CONTRACT DATE: 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. CONTRACTOR: BY: SIGNATURE DATE PRINT OR TYPE NAME TITLE Contractors Certificate of Completion 1 of 1 ROBERT PECCIA & ASSOCIATES copyright c 2011 RPA

300 Intentionally Left Blank

301 CERTIFICATE OF SUBSTANTIAL COMPLETION TO (Owner): PROJECT: PROJECT NO: PROJECT OR PART SHALL INCLUDE: SUBSTANTIAL COMPLETION DATE: CONTRACT DATE: INSPECTION DATE: ENGINEER: PERFORMANCE BOND NO: DATE OF BOND: SURETY: CONTRACTOR: ADDRESS: MONTANA AGENT: ADDRESS: PHONE NO: PHONE NO: 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. DEFINITION OF SUBSTANTIAL COMPLETION The 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. 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. ENGINEER: BY: SIGNATURE DATE 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. CONTRACTOR: BY: SIGNATURE DATE 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. OWNER: BY: SIGNATURE DATE REMARKS: (include additional information if necessary) Certificate of Substantial Completion 1 of 1 ROBERT PECCIA & ASSOCIATES copyright c 2015 RPA

302 Intentionally Left Blank

303 CONSENT OF SURETY COMPANY TO FINAL PAYMENT OWNER: ENGINEER: CONTRACTOR: SURETY: PROJECT: PROJECT NUMBER: CONTRACT DATE: In accordance with the provisions of the contract between the Owner and the Contractor indicated above, the, SURETY COMPANY, on bond of (here insert name of Surety Company), CONTRACTOR, (here insert name and address 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. (here insert name and address of Owner) IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of,. SURETY COMPANY: COMPANY NAME ADDRESS (SEAL) SIGNATURE OF AUTHORIZED REPRESENTATIVE TITLE DATE NOTE: This form is to be used as a companion document to the Affidavit on Behalf of Contractor (current edition). Consent Of Surety Company To Final Payment 1 of 1 ROBERT PECCIA & ASSOCIATES copyright c 2011 RPA

304 Intentionally Left Blank

305 APPENDIX B ASBESTOS INSPECTION REPORT

306 Intentionally Left Blank

307 ASBESTOS IDENTIFICATION INSPECTION CHESTER WASTEWATER IMPROVEMENT PROJECT 2018 CHESTER, MONTANA June 19, 2018 Prepared For: ROBERT PECCIA & ASSOCIATES Helena, Montana I. EXECUTIVE SUMMARY G.E.D., Inc. was contracted by Robert Peccia & Associates (RPA) of Helena, Montana to perform an asbestos identification inspection for select components of the Chester Wastewater Improvements Project 2018 located in Chester Montana. The asbestos inspection is an element of the Wastewater Improvement project that includes the replacement/repairs to select areas of the sanitary sewer piping including all related piping system excavation, pipe lining, installation and related modifications. The purpose of the inspection was to identify potential asbestos containing materials that might be disturbed or damaged during the project as required to fulfill the National Emissions Standards for Hazardous Air Pollutants (NESHAPs) and Montana Department of Environmental Quality s (DEQ s) asbestos inspection requirements for a renovation, remodel or demolition project. John Carter with GED inspected the project site on May 3, Mr. Carter is accredited by the Montana DEQ as an asbestos inspector, management planner and designer (MTA 1276). The scope of this asbestos inspection is based on the preliminary design drawings, record drawings, and similar information provided by RPA. Gary Swanson with RPA was on site during the asbestos inspection to further describe the scope of work for the Wastewater Improvements Project. It was agreed that assumptions would be made based on existing information for pipe materials that were inaccessible (buried). The asbestos containing material assumptions would be verified by an accredited inspector during the construction project, or earlier, if an opportunity arose. All visible and/or accessible sanitary sewer piping systems within the project areas were constructed of clay tile pipe. The manholes within the project areas were constructed of precast concrete. Samples of the pipe and manhole concrete were collected and sent to an accredited laboratory for analysis. All samples were reported as no asbestos detected. No asbestos containing materials were identified that would impact the anticipated work required to complete this project. No asbestos specific work practices and waste disposal requirements are anticipated for this project. The information collected during the inspection and subsequent sample analysis has been tabulated within this report, sketches located in Appendix A and laboratory reports located in appendix B. 1

308 II. INTRODUCTION A. Purpose G.E.D., Inc. was contracted by Robert Peccia & Associates (RPA) of Helena, Montana to perform an asbestos identification inspection for select components of the Chester Wastewater Improvements Project , located in Chester, Montana. The purpose of the limited inspection was to identify potential asbestos containing materials that might be disturbed during the demolition and construction phases of the project. The intent of the asbestos identification inspection was to comply with NESHAPs and the ARM Chapter 74, Subchapter 3, Inspection Requirements for Demolition and Renovation Activities prior to initiating the construction elements of this project. Demolition as used in the context of this report doesn t include the removal of load bearing structural members or elements as defined by NESHAPs. An inspection must be completed by a professional accredited by the DEQ. This inspection was performed by John Carter with GED, Inc. who is accredited by the DEQ as an asbestos Inspector, Management Planner and Designer. Asbestos Inspector: MTA1276-IN Expires 9/14/2018 Asbestos Management Planner: MTA1276-MP Expires 9/14/2018 Asbestos Project Designer: MTA1276-PD Expires 9/13/2018 The site inspection was performed on May 3, B. Scope of Inspection The asbestos inspection is an element of the Wastewater Improvements Project that, in brief, includes the repair and/or replacement of select sanitary sewer piping systems. The work will include sewer main replacement, Cured In Place Pipe (CIPP) lining and all related piping system excavation, installation, modifications and/or repairs including manhole installation or modification. The inspection focused on identifying suspect asbestos containing materials that are typically impacted during construction and renovation activities based on the preliminary design drawings, record drawings and similar information provided by RPA. Gary Swanson, RPA, and John Kleinsasser, Chester Public Works Director, were on site on May 3, 2018 to further describe the scope of work for the Wastewater Improvements project prior to, and during, the asbestos inspection field work. It was agreed that homogeneous material assumptions would be based on the visual observations made during the asbestos inspection and existing information for pipe materials that were inaccessible (buried). These asbestos containing material assumptions would be verified by an accredited inspector and sample analysis for additional materials, if required, during the construction project. 2

309 III. HOMOGENEOUS MATERIAL and SAMPLE INFORMATION A. Homogeneous ACMs In brief, homogeneous materials identify materials that are considered consistent throughout an area of the building or project system based on the material s appearance (texture, size, color), manufacturers labels, and/or construction era. No specific construction dates were made available for the areas where the work will occur. The piping system and manhole materials were considered homogeneous based on the information provided, field observations and the inspector s professional judgment. B. Material Sample Information Seven (7) samples of two (2) suspect homogeneous materials as defined and interpreted by the DEQ Asbestos Control Program administrators were collected in the project areas. The DEQ interprets all surfacing and miscellaneous materials that are not wood, metal or glass to be considered as asbestos containing, irrespective of date of manufacturer or installation. Current DEQ regulations require three samples for each homogeneous material to be reported as less than 1% asbestos to be considered a non-asbestos containing material. The samples were sent to Mountain Laboratories in Spokane, Washington for Polarized Light Microscopy/Dispersion Staining (PLM/DS) analysis to determine asbestos content. Mountain Laboratories participates in the National Voluntary Laboratory Accreditation Program governed by the National Institute for Standards and Technology. It s (NIST) NVLAP ID number is As required by the sample analysis methodology and determination by the microscopist; materials with distinct layers have the individual layers analyzed independently for asbestos content. No additional layers were identified for the sample sets collected. All samples collected and analyzed within the project areas were reported as no asbestos detected via PLM analysis by the laboratory. The following is a summary of the samples analyzed for the suspect materials identified within the project work areas. This information is supplemented by the attached sample collection identification sketches (Appendix A) and laboratory reports (Appendix B). Sample ID Asbestos Content Description and Location Information CH53-01 None Detect Concrete Concrete used for pre-cast manholes. Sample collected from manhole 21-1 in alley east of hospital (Sketch AS-3). CH53-02 None Detect Concrete Concrete used for pre-cast manholes. Sample collected from the lift station manhole in alley between 3 rd and 5 th streets, south of US 2. (Sketch AS-2). 3

310 Sample ID Asbestos Content Description and Location Information CH53-03 None Detect Concrete Concrete used for pre-cast manholes. Sample collected from manhole 31-1 located on 1 st street SW between Quincy and Jackson Streets. (Sketch AS-3). CH53-04 None Detect Clay Tile Pipe clay tile piping used for sanitary sewer mains (typical). Sample collected from Manhole 44-1 in alley between 3 rd and 5 th streets, south of US 2. (Sketch AS-2). CH53-05 None Detect Clay Tile Pipe clay tile piping used for sanitary sewer mains (typical). Sample collected from creek bed in alley between 3 rd and 5 th streets, south of US 2. (Sketch AS-2). CH53-06 None Detect Clay Tile Pipe clay tile piping used for sanitary sewer mains (typical). Sample collected from manhole 21-1 in alley east of hospital (Sketch AS-3). CH53-07 None Detect Clay Tile Pipe clay tile piping used for sanitary sewer mains (typical). Sample collected from manhole 29-1 in alley between 3 rd and 4 th streets, south of Jackson Street. (Sketch AS-3). IV. SUMMARY A. Inspection Findings and Recommendations The asbestos identification inspection performed focused on construction materials used within the existing Wastewater Treatment systems infrastructure that will, or could be disturbed, damaged or scheduled for removal/replacement during the improvement project. The Federal and State of Montana asbestos regulations (ARM Chapter 74, Subchapter 3, Inspection Requirements for Demolition and Renovation Activities) were originally written with a focus on existing buildings that are now being applied towards road and utility construction projects. Utilities that are currently in operation and/or are buried create a unique challenge until the actual construction phase. As per current DEQ Asbestos Control Program regulatory interpretations and administrative policies, materials that are not constructed of wood, metal or glass are assumed to be asbestos containing materials, irrespective of construction era or the professional judgement of the accredited inspector. Samples of the clay tile sewer piping and precast concrete manhole materials were collected at accessible locations in the quantities required by the regulations and sent to an accredited laboratory for analysis. 4

311 No asbestos containing materials were identified for the accessible sewer main piping and associated manholes inspected, therefore this project may proceed without any asbestos specific work methods, personal protective equipment or material disposal requirements. It was assumed that the materials accessible for observation and sample collection are homogeneous to the materials that are buried and inaccessible. The physical observations and sample results were supplemented by information provided by the Chester Public Works department, prior construction records and video inspection of the piping interiors. There is a high degree of confidence that the materials that will be encountered to complete the work of this project are not asbestos containing materials. These asbestos containing material assumptions would be verified by an accredited inspector and sample analysis for additional materials, if required, during the construction phase of the project. A copy of this report should be maintained on the project site at all times that work is being performed. Notification to the Montana Department of Environmental Quality is not required for a renovation project where no asbestos materials have been identified. This project does not meet the NESHAPs definition of a demolition project (load bearing members are not being removed), therefore the DEQ s 10-day advance notification requirement for a demolition project is not required. V. REPORT INTEGRITY John Carter and GED, Inc. certify this inspection to be in substantial compliance with the requirements of NESHAPs and the Administrative Rules of Montana (Environmental Quality, Chapter 74, Occupational Health, Sub-Chapter 3) for asbestos sampling and analytical protocol using recognized procedures and standards of the industry. The findings within this report are limited to the scope of work defined and/or anticipated based on the existing construction and design information provided. The inspector is required to use professional judgment and experience to envision the work practices that will be utilized to complete the work when making the decision as to whether a facility component will be disturbed or damaged. John Carter and GED, Inc. shall not be held responsible for the non-identification of asbestos containing materials which: are not common to the construction industry; require destructive testing, extensive demolition, excavation and/or disassembly of equipment to access. GED shall not be held responsible for information prepared and provided by others. The identification and assessment of material conditions and potential asbestos health hazards was performed on the day the facility was inspected. John Carter and GED, Inc. shall not be held responsible for changed or differing site conditions which may have occurred since the performance of the inspection. 5

312 John Carter and GED, Inc. shall not be held responsible for the client s interpretation of the information contained within this report. John Carter GED, Inc. June 19, 2018 Date 6

313 Appendix A Asbestos Material and Sample Location Drawings

314 Intentionally Left Blank

315 PROJECT AREA 1 SKETCH AS-2 ASBESTOS SEWER LINE REPAIR LOCATIONS ASBESTOS IDENTIFICATION INSPECTION CHESTER WASTEWATER IMPROVEMENTS G.E.D. Inc. June 15, 2018 Not To Scale Scale: May 3, 2018 Drawing Date: Inspection Date: Helena, Montana Environmental and Facility Management Consulting N PROJECT AREA 2 SKETCH AS-3 ENVIRONMENTAL AS-1

316 CH53-05 CLAY TILE PIPE NONE DETECTED ASBESTOS Asbestos Sample Locations Scale: Not To Scale May 3, 2018 June 15, 2018 Inspection Date: Drawing Date: Helena, Montana Environmental and Facility Management Consulting G.E.D. Inc. CH53-02 LIFT STATION CONCRETE NONE DETECTED PROJECT AREA 1 SEWER LINE REPLACEMENT and REPAIR CHESTER WASTEWATER IMPROVEMENTS CH53-04 CLAY TILE PIPE NONE DETECTED N NO ASBESTOS CONTAINING MATERIALS IDENTIFIED IN THIS PROJECT AREA ENVIRONMENTAL AS-2

317 CH53-01 MANHOLE CONCRETE NONE DETECTED CH53-07 CLAY TILE PIPE NONE DETECTED ASBESTOS Asbestos Sample Locations PROJECT AREA 2 SEWER LINE REPLACEMENT and REPAIR CHESTER WASTEWATER IMPROVEMENTS Scale: Not To Scale May 3, 2018 June 15, 2018 Inspection Date: Drawing Date: Helena, Montana Environmental and Facility Management Consulting G.E.D. Inc. CH53-06 CLAY TILE PIPE NONE DETECTED CH53-03 MANHOLE CONCRETE NONE DETECTED N NO ASBESTOS CONTAINING MATERIALS IDENTIFIED IN THIS PROJECT AREA ENVIRONMENTAL AS-3

318 Intentionally Left Blank

319 Appendix B Laboratory Reports

320 Intentionally Left Blank

321 9922 East Montgomery Suite 13 NVLAP LAB CODE Spokane Valley, WA (509) Fax (509) May 14, 2018 G.E.D., Inc. John Carter 4924 Birdseye Road Helena, Montana Project Name: Chester Wastewater Improvements-2018 Project #: 2018-RPA-17 Dear Mr. Carter, The enclosed report details results for the analysis of the bulk sample(s) submitted to Mountain Laboratories on May 7, Sample analysis was performed to determine asbestos type and content using Polarized Light Microscopy, supplemented by Dispersion Staining (PLM/DS). This report includes a summary of the analytical results and chain of custody. Analytical results are only reflective of the samples, which were tested and presented in this report. Mountain Laboratories limits warranty to proper analysis methods and takes no responsibility for sample procurement. It has been our pleasure providing you with these analytical services. If you have any questions regarding this report, please do not hesitate to call us at (509) Sincerely, Heidi L. McCarthy Laboratory Manager Mountain Laboratories Mountain Laboratories NW, Inc. Enclosure: H Polarized Light Microscopy, NVLAP Accreditation