B01 Att J03 Specs 20-120 Crow Waste Transfer.pdf

TABLE OF CONTENTS

Technical Specifications

Crow Waste Transfer Stations

Page Number

105 Control of work 1-10

109 Measurement and Payments 10-11

202 Removal of Structures and Obstructions 12-14

203 Excavation and Embankment 14-16

208 Water Pollution Control and Aquatic Resource Preservation 16-22

301 Aggregate Surfacing 22-30

501 Portland Cement Concrete Pavement 30-47

551 Hydraulic Cement Concrete 47-75

552 Concrete Structures 75-92

556 Steel Structures 92-104

557 Steel Bridge Railing 104-105

603 Culverts, Storm Drains, Sanitary Sewers, Stock passes and Underpasses 106-111

606 Guardrail and Concrete Barrier Rail 112-118

607 Fences 118-124

610 Roadside Re-Vegetation 125-130

Technical Specification

Crow Waste Transfer Stations

Crow Reservation, MT

Except for those items that have been supplemented and amended by the attached technical specifications, all work under this contract shall be performed in accordance with the 2014 or latest Edition of the “Montana Department of Transportation Standard Specifications for Road and Bridge Construction.”

A complete version of MDT Standard Specifications can also be accessed at the following website:

https://www.mdt.mt.gov/business/contracting/standard_specs.shtml

Section 105 CONTROL OF WORK

105.08.2 Contractor Survey and Layout

When required by the contract, furnish all surveys and calculations necessary to layout and control the work to specified lines, grades, and tolerances. Provide surveys with accuracy and control equal to or better than the requirements of the Montana Department of Transportation

Survey Manual (Survey Manual).

Protect Department-furnished control points. Set or reset destroyed control points, conduct all right-of-way and monumentation and public land monumentation surveys under the responsible charge of a Registered Land Surveyor licensed in Montana per Section 70-22-115 MCA. The

Department will measure quantities for payment, except items specified under predetermined quantities.

Identify Department set control points. Verify accuracy of the Department – furnished controls before any layout staking is performed.

A. Survey Plan. At least 14 calendar days prior to beginning survey work, submit two copies of a survey plan to the Project Manager that details each proposed survey operation including:

1. Methods for initial layout to include accuracy, references, independent verification and checks.

2. Methods for control surveys to include number and type of controls for various items and measurement tolerances and accuracy. The plan will be reviewed for compliance with the requirements of the Survey Manual.

The plan will be returned for correction if it does not meet or exceed requirements of the Survey

Manual. Do not begin survey operations until the survey plan has been reviewed and approved by the Project Manager.

B. Staking. Set all stakes necessary to control all work under the contract. This includes, but is not limited to:

• Bridges

• Centerline stations

• Clearing limits

• Drainage structures

• Fencing

• Pavement

• Reference points

• Retaining structures

• Right-of-way lines and monuments

• Sewers and waterlines

• Signs, pavement markings, guardrail

• Surfacing courses

• Wetland delineation

• Any other items of work included in the contract

• Special conditions for specific layout items

Determine the slope stake catch point and provide copies of the slope staking notes to the

Department. Replace any stakes that are obliterated by the Contractor or by construction activities. Do not begin grading operations until all slope stakes within a balance or at least 20% of the project have been set.

C. Culverts. Take cross sections and profiles. Adjust culvert locations to match existing field conditions. Use form MDT-CON-603-1 to submit the list of proposed culvert lengths to the

Project Manager. Profiles, cross sections, adjustments and culvert lengths must be approved by the Project Manager before culverts are ordered.

D. Bridges. Include a check of the bridge location relative to railroads, streams, roads, or fixed features in the initial layout. Report discrepancies before performing any bridge construction activities. Survey controls for the following are required as a minimum:

• Foundations

• Pile layout and cutoff

• All substructure elements

• Girder seat elevations

• Girder profiles

• Deck forms and placement

• Curbs, rails, joints

E. Plan Errors. Notification must be made immediately of any apparent errors, including but not limited to grade, alignment, location, dimensions and quantities. Changes to the plans must be approved in writing by the Project Manager.

F. Inspection. The Department may conduct inspections and random checks of any portion of the layout and control work. The Project Manager may order work not performed with sufficient accuracy to be corrected. No compensation will be allowed for corrective work.

The Contractor is responsible for securing proper dimensions, lines, grades, and elevations for all parts of the work and Department inspection will not relieve the Contractor of this responsibility.

G. Survey Notes. Submit survey notes, including electronic notes, to the Project Manager every

10 business days and upon completion of each survey function.

H. Extra Work. Survey required for extra work may be performed by the Contractor or by the

Department, as determined by the Project Manager.

I. Predetermined Pay Quantities. Quantity sheet amounts for items described under Sections

203 and 209 will be considered final quantities for payment. Requests for adjustment of bid schedule quantities for these items may be initiated by the Contractor or by the Project Manager if evidence indicates the total actual required in-place quantity varies from the bid schedule quantities by more than 5%.

Not taking cross section elevations during slope staking waives any adjustment to pre-determined pay quantity items, including borrow.

The party requesting the quantity adjustment must notify the other party in writing and furnish acceptable survey data and calculations to accurately establish any quantity adjustments. Load counts will not be considered acceptable for excavation and borrow items. The quantity adjustment will only apply for the amount greater than 5% of the bid schedule quantity.

Quantity adjustments due to changes ordered and approved in writing will be determined by measurement, calculation or both. These quantities will be added or deducted from bid schedule quantities without regard to the 5% limitations outlined herein.

105.08.3 Finish Grade Control

Provide all finish grade control required to establish the surfacing sections shown in the plans.

Calculate the finish grades for the subgrade and each surfacing course using the plan information and the furnished staking notes. Special borrow is a surfacing course for finish grade control purposes.

Run a level circuit to check the project benchmarks on each roadway section where finish grade is being controlled.

Use a finish grade control method that provides positive horizontal and vertical alignment control for the required surfacing sections and ride quality.

105.08.5 Materials and Equipment

Furnish all materials and equipment required to perform this work.

Keep survey notes in a standard field notebook, written in a clear, orderly, neat manner meeting the Department’s Survey Manual requirements and standard surveying practice. If survey notes are generated electronically, produce notes in a format meeting these requirements. The Project

Manager will inspect the field notes for acceptance. The finished notes become the Department’s property.

105.08.6 Survey Tolerances and Inspection

The Department will perform finish grade checks based on the following:

A. Subgrade. Three random stations per 1,000-foot (300 m) section will be checked. The 1,000-foot (300 m) section will be accepted if 80% or more of the points checked are within a vertical tolerance range of + 0.05 to - 0.10 foot (+ 15 to - 30 mm), and the horizontal alignment is within

0.30 foot (90 mm) of the true line. If not within required tolerances, rework the entire 1,000-foot

(300 m) section. Three new random stations will be checked after rework is completed. Random checks will be performed for finish ditch grade control to ensure proper drainage.

B. Special Borrow. Three random stations per 1,000-foot (300 m) section will be checked. The

1,000-foot (300 m) section will be accepted if 80% or more of the points checked are within a vertical tolerance range of + 0.05 to - 0.10 foot (+ 15 to 30 mm), and the horizontal alignment is within 0.30 foot (90 mm) of the true line. If not within required tolerances, rework the entire

1,000-foot (300 m) section. Three new random stations will be checked.

C. Aggregate Surfacing. Six random stations per 1,000-foot (300-m) section will be checked.

Each 1,000-foot (300-m) section will be accepted if 85 percent or more of the points checked meet the requirements listed in Table 301-1, and the horizontal alignment is within 0.30 foot (90

mm) of the true line. If not within required tolerances, rework the entire 1,000-foot (300 m) section. Six new random stations will be checked.

Sections that are obviously defective may or may not be checked prior to rejection.

A station check consists of centerline, shoulders, any break in cross slope, and intermediate points not to exceed intervals of 20 feet (6 m). All elevation checks are taken on the material, not on the finish grade control. The Project Manager may increase or decrease the number of stations being checked. After receiving notification of a completed section, the Project Manager will perform the finish grade check by the close of the following business day. Contract time will be extended day for day, without any other compensation, for Department caused delays beyond the allotted time to perform the finish grade check.

105.08.7 Method of Measurement

A. Finish Grade Control. Finish grade control is measured by the course foot (km) along the roadway centerline. A course foot (CR km) is one foot (1 km) for each two-lane roadway including shoulders and ditches. Each traffic lane is considered as one-half course foot (one-half

CR km) including the adjacent shoulder, ditch, parking, turning, median lanes, and chain up areas.

The subgrade and each surfacing course requiring finish grade control are measured separately by the course foot (CR Km) for each roadway section, ramp, intersecting roadway, PTW connection, temporary detour, and each frontage road. Finished grade control for approaches is not measured for payment.

B. Contractor Survey and Layout. Contractor survey and layout is measured by the lump sum.

C. Bridge Survey. Bridge survey is measured by the lump sum.

105.08.8 Basis of Payment

Payment for the completed and accepted quantities is made as follows:

Pay Item Pay Unit

Finish Grade Control Course Foot (km)

Contractor Survey and Layout Lump Sum

Bridge Survey Lump Sum

Correct all deficient work due to incorrect finish grade control or bridge survey and reset reference points lost or destroyed by traffic or construction at Contractor expense. Payment at the contract unit price is full compensation for all resources necessary to complete the item of work under the contract.

105.09 AUTHORITY AND DUTIES OF PROJECT MANAGER

Each project will be staffed with a Project Manager who is the Engineer’s direct representative.

The Project Manager has immediate charge of the engineering details of each construction project and is responsible for the administration and satisfactory completion of the project.

The Project Manager can:

1. Reject defective material.

2. Suspend work being improperly performed.

3. Execute any authority delegated to the Project Manager by the Engineer.

The Project Manager will be identified before work begins.

105.10 AUTHORITY AND DUTIES OF INSPECTORS

Department Inspectors are authorized to:

A. Inspect all work being done and materials furnished. Inspection extends to all or any part of the work and to the preparation or manufacture of the materials to be used. Inspection does not relieve the Contractor’s obligation to perform the work as specified in the contract.

B. Reject materials or suspend the work until the issue can be referred to and decided by the

Project Manager.

Inspectors, Technicians, and Aides cannot:

A. Revoke, alter, enlarge, or relax any requirements of the contract.

B. Final approve or accept any portion of work.

C. Issue instructions contrary to the contract.

Only the Project Manager is authorized to make contract changes, waive or alter the contract specifications, and then only if it is made in writing. Ensure that the change, waiver, or alteration is in writing before taking action on it.

105.11 INSPECTION OF WORK

All work is subject to Department inspection. Inspectors may not be at all work activities nor available for all work shifts for each work activity. Perform the work meeting the contract requirements regardless of inspection.

Allow the Inspector access to all parts of the work and furnish information and assistance necessary to make a complete and detailed inspection. Provide a safe environment for the Inspector during the inspections.

Inspection of the work does not relieve the Contractor of its responsibility to meet the contract requirements. The Inspector cannot waive contract requirements.

Remove or uncover portions of the finished work as directed. Once examined, restore the work to the contract requirements. If the work is acceptable, the uncovering, or removing and replacing the covering or making good the parts removed is paid for as extra work. If the work is unacceptable, the uncovering, removing, and replacing the covering or making good the parts removed is at

Contractor expense.

Work done or materials used without inspection by an authorized Department Inspector may be ordered removed and replaced at Contractor expense.

When a government agency, political subdivision, a utility or railroad is to accept or pay a portion of the cost of the work covered by the contract, the organization’s representatives may inspect the work. The inspection does not make that entity a party to the contract nor permit it to interfere with the rights of either party to the contract.

105.12 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK

Work not meeting the contract requirements is unacceptable, unless determined acceptable under

Subsection 105.03.

Remove and replace any unacceptable work before final acceptance at Contractor expense. This requirement has full effect regardless of the fact that the unacceptable work or defective materials were known or overlooked by the Inspector.

Work done contrary to instructions received, or beyond the plan limits, or extra work done without the permission of the Project Manager will not be considered for payment. Work so done may be ordered removed, restored or replaced at Contractor expense.

Neither the Contractor nor the Department incurs any liability by reason of any verbal directions or instructions received from the Project Manager. The Department will not be liable for extra materials furnished or used, or for extra work or labor done, unless required by written order from the Project Manager.

If the Contractor fails to follow any order made under this subsection, the Project Manager has the authority to remove, replace, or restore the work and deduct the costs from any monies due or to become due the Contractor.

105.15 COMPONENT INSPECTION

Upon notice of completion for a project component with a contract specific warranty

(nonmanufacturer), a milestone, or defined phase or unit of construction, the Project Manager will arrange to make an inspection of that work. Seal Coat warrantees will be administered in accordance with Section 409.

If the contract work is found satisfactorily completed, the inspection will constitute the component inspection. If the inspection discloses unsatisfactory work, the Project Manager will issue written instructions to the Contractor on the necessary corrections. When the deficiencies are corrected, another inspection will be made which constitutes the component inspection.

Upon completion of the component inspection, submit a completed “Contractor’s Component

Inspection” (form CSB105_15_1). The form is available from the Department’s website or the

Project Manager. The Contractor’s project superintendent must sign the form. The form must state that:

1. The Department and the Contractor have completed a component inspection of the work, and the Contractor verifies that the work was completed in full accordance with the specifications and the requirements of the contract.

2. If applicable, the component has an associated incentive or disincentive, and they have been assessed.

3. If applicable, the component has an associated warranty and what the expiration date is.

Contract time assessment will not cease until all contract-specific warranties have expired, but may be suspended under Subsection 105.17.2. Within 14 calendar days of being notified of necessary warranty repairs, submit a plan detailing repair procedures, the expected date activities will begin, and expected duration of repair work. The time suspension will be rescinded and contract time charged if a repair plan is not provided within the allotted 14 calendar days.

The time suspension will be rescinded and contract time charged beginning on the date that repair activities begin or the date provided in the repair plan, whichever is earlier, and continue until repairs are complete.

Completion and approval of the Contractor’s Work Component Inspection is not a statement or commitment by the Department that all work meets the contract requirements, and does not waive or alter any of the contract’s terms.

105.16 CLAIMS FOR ADJUSTMENT AND DISPUTES

105.16.1 Notice of Claim

Submit a notice of claim using the Department’s Notice of Claim Form CSB105_16_1A no later than the next business day of disagreements that are to be the subject of a claim for additional compensation, time extension, contract change, or other remedy. Provide full details in the written notice why additional compensation, time extension, contract change, or other remedy is warranted. Attach to the notice of claim all documentation showing the history of the disagreement.

Upon submission of the written notice, immediately begin keeping and maintaining complete and specific daily records using the Department’s Claim Cost Record Form CSB105_16_1 of all details and costs directly related to the disagreement. The form is available from the Project Manager or the Department’s website. Base equipment costs on internal rates for ownership, depreciation, and operating expense. Provide the Project Manager with updates of details and costs related to the disagreement as they develop.

Failure to timely provide the written notice as required waives the Contractor’s right to make any claim for the disagreement. Ensure that any notice of disagreement is fully and completely explained and documented, as the Department expects and requires early notice to mitigate costs and to fully document any potential costs.

The Project Manager will attempt to resolve the disagreement after the written notice is submitted.

The Project Manager will issue a written response no more than 14 calendar days after receipt of the written notice.

105.16.2 Submission of Certified Claims

If an agreeable resolution is not reached within 14 calendar days of the written notice, the

Contractor may submit a Certified Claim using the Certified Claim Form CSB105_16_2 to the

Project Manager no more than 7 calendar days after receipt of the Project Manager’s response.

The form is available from the Project Manager or the Department’s website. Include all Claim

Cost Records to date with the Certified Claim. Provide copies to the DCE and the CES Engineer of the Engineering Division. The Project Manager will continue to attempt to resolve the disagreement after the Certified Claim is submitted.

Detail the following in the Certified Claim:

A. Reasons for each requested remedy, referenced to the applicable contract provisions;

B. Objections to the Project Manager’s response; and

C. Basis for and amount of any additional compensation, extension of time, contract change, or other remedy, including any potential solutions.

If the claim includes requests for delay compensation, follow all procedures in Subsection

108.07.6.

The Prime Contractor must verify the claim data and certify the claim. Claims from a subcontractor or supplier will not be accepted. Only the Prime Contractor may submit the Certified

Claim.

Failure to timely submit the completed Certified Claim form or the Claim Cost Records as required is a material breach of contract and waives the Contractor’s right to make any claim for the disagreement or be entitled to any compensation, time extension or contract change related to the disagreement.

Allow the Project Manager access to and provide copies of all records when requested by the

Department. Make other project records available for technical and audit evaluation during the project and after the claim-related work has been performed. Promptly furnish written clarification and any additional information or data requested by the Department.

After the Certified Claim is submitted, continue keeping and maintaining complete and specific daily records using the Department’s “Claim Cost Record” form of all details and costs directly related to the claim. Base equipment costs on internal rates for ownership, depreciation, and operating expense.

Submit claim updates every month until the claim is resolved. Include all costs incurred and any other pertinent information discovered after the Certified Claim was submitted, and include copies of all Claim Cost Records for that month.

For claims over $100,000, all claim costs must be certified by a certified public accountant (CPA) prior to the claim being resolved.

Do not change the basis of a claim after submitting the written notice. Do not supplement a faulty submission to rebut or dispute a decision made by the Project Manager. Claims that have changed in basis or that have been supplemented due to an original faulty submission will not be considered, and are waived by the Contractor.

The Contractor waives the claim and any compensation, time extension, or contract change for any of the following:

1. Not filing a timely, complete written notice;

2. Not submitting a timely and complete Certified Claim form;

3. Not submitting monthly claim updates as required; or

4. Not keeping and submitting timely and complete Claim Cost Records.

105.16.3 Decision on Claims

The Prime Contractor must verify the claim data and certify the claim. Claims from a subcontractor or supplier will not be accepted. The DCE will provide a written decision no more than 30 calendar days after receipt of the Certified Claim for Contracts that do not require Escrow of Bid Documents. The DCE will provide a written decision no more than 45 calendar days after receipt of Bid Documents for Contracts that do require Escrow of Bid Documents. If additional time is required to research and evaluate the Claim, the DCE can extend the time period 14 calendar days by notifying the Contractor in writing.

To advance the claim, appeal the DCE’s decision to the Claims Review Board (Board). Submit the “Request for Appeal” Form CSB105_16_3H to the CES Engineer no more than 30 calendar days after the date of the DCE’s decision. Provide a copy of the appeal to the DCE. The DCE’s decision is final unless appealed no more than 30 calendar days after the date of the decision. If appealed, the DCE will forward the original claim, supporting documents or evidence, and the

District’s evaluation to the CES Engineer.

The CES Engineer will submit the claim to the Board. Board meetings are scheduled on a quarterly basis, with the schedule available on request from the CES Engineer. Claim appeals received less than 60 calendar days in advance of the next scheduled Board meeting may not be presented to the

Board until the following scheduled meeting.

The Board will only review those documents and evidence submitted in the original claim, its supporting documents, and the District’s evaluation, but may request further information from the

DCE or the Contractor.

The Board may affirm, overrule, or modify, in whole or in part, the decision of the DCE. The decision of the Board is the Department’s final decision.

The Contractor or Department may request non-binding, independent third party mediation. The

Contractor’s request for third party mediation must be submitted to the Construction Engineer on the Request for Mediation Form CSB105_16_3E no more than 30 calendar days after the date of the Board’s decision. If the Department and Contractor both agree to mediation, they must mutually agree on a mediator and a mediation date within 14 calendar days of the date of the request for mediation. All costs associated with mediation will be shared equally between the

Contractor and the Department.

105.17 PROJECT FINALIZATION

105.17.1 Final Walk-through Process

When all physical work has been completed in accordance with the contract requirements, a final walk-through process will be completed to inspect the work and identify and resolve all punch-list items. If all work is complete but deferment of the final walk-through is necessary for causes outside the Contractor’s control, the Project Manager will suspend contract time.

The following describes the process between the Project Manager and the Contractor:

1. The Contractor requests a final walk-through inspection using form MDT-CON105_17_1B.

Submit the preliminary MPDES/NPDES storm water permit package, if applicable, for review with this form if not previously submitted.

2. A final walk-through inspection is conducted between the Project Manager, DCE and

Contractor. The final walk-through process may be postponed due to project conditions outside of

Contractor control.

3. A final storm water walk-through is conducted between the Project Manager, District

Environmental Engineering Specialist, Contractor, and Maintenance or local entity as appropriate.

4. Punch-list items are identified; including site work deficiencies, outstanding materials and/or

Civil Rights requirements, environmental permit compliance issues, and outstanding claims. A written list of punch-list items is submitted to the Contractor within 30 calendar days of the request for the final walk-through inspection.

5. The Contractor submits the final MPDES/NPDES storm water permit package.

6. When punch-list items are completed and/or resolved, the Contractor requests a final verification using form MDT-CON-105_17_1C. The Department is exercising some operational control of the MPDES/NPDES storm water permit when the requested changes are completed.

7. The Project Manager will grant Conditional Final Acceptance within 30 calendar days of the request for the final walk-through verification. The final acceptance is granted with the condition that all contract-specific warranties have expired and all warranty issues have been resolved. If the punch-list items are fully resolved, no further action is required. If deficiencies still exist, payment will be deducted from the estimate as appropriate. Contract time assessment will not cease until all contract-specific warranties have expired, but may be suspended under Subsection 105.17.2.

105.17.2 Final Acceptance

When the Final Walk-through Process is complete, all project-specific warranties have expired, and all warranty issues have been resolved, submit the Contractor’s Certificate of Work Complete using form MDT-CON-105_17_2. Before the form will be approved by the Department, the contractor’s representative must provide a sworn and notarized certification that the following items have been completed:

1. The work has been completed in accordance with the contract’s specifications, and the required materials have been used, both in quality and quantity.

2. The Department and the Contractor have completed the final walk-through process, and the

Contractor has corrected all deficiencies to the satisfaction of the Project Manager or payment will be deducted for outstanding deficiencies.

3. The project has been inspected for compliance with the MPDES/NPDES Storm Water Permit, all necessary corrective actions taken.

4. There are no pending investigations referencing alleged nonpayment to subcontractors or suppliers.

5. There are no pending labor compliance or nonpayment claims on the contract.

6. There are no known environmental violations. The Contractor is responsible for any violations issued for damages or non-compliance with permit requirements and conditions prior to the transfer of the MPDES/NPDES Storm Water Permit. The Contractor will defend and hold the

Department harmless from any violations, claims, enforcement actions, penalties or fines issued for Contractor activities or recordkeeping that occurred prior to the transfer of the MPDES/NPDES

Storm Water Permit; this does not include activities specifically directed by the Department in writing.

7. Liquidated damages have or have not been assessed, and damages that have been assessed either are or are not disputed by the Contractor.

8. The contract does or does not include any contract specific warranties (nonmanufacturer). If it does, all contract specific warranties have expired and all corrective actions have been completed.

If any of the above is not completed in full before the certification form is submitted, the Project

Manager will reject the form.

Contract time assessment will not cease until all warranty issues are corrected and the Contractor’s

Certificate of Work Complete form has been received and approved. The Project Manager may suspend contract time for punch-list items provided the roadway is in a safe and convenient condition. The date the form is approved is the Final Acceptance. Maintain the insurance specified in Subsection 107.13 until the Final Acceptance.

Completion and approval of the Contractor’s Certificate of Work Complete form is not a statement or commitment by the Department that the work meets all contract requirements, and does not waive or alter any of the contract’s terms.

105.17.3 Final Estimate Process

When the contract has reached the Final Acceptance under Subsection 105.17.2, the contract documents will be finalized and the final estimate processed within 90 calendar days. The final estimate will include the amount and value of each class of work performed and any extra work and materials. Errors made in previous partial payments will be corrected in the final estimate.

When the final estimate is prepared and all required documentation (such as material certifications, labor dispute resolutions, etc.) has been received, the Construction Administration

Services Bureau will send a copy of the final estimate to the Contractor for review. The Contractor has 10 calendar days to notify the Project Manager in writing if the final estimate is acceptable. If no response is received within that timeframe, concurrence will be assumed.

To dispute the final estimate, submit the items disputed and justification to the Construction

Administration Services Bureau. Provide a copy to the Project Manager. The Construction

Administration Services Bureau will provide a written decision on the disputed items.

The Department reserves the right to withhold all or part of the final payments earned under the contract until all taxes and assessments due and owing to the State of Montana for any reason have been paid in full unless a written release is received from the Department or the state agency having a claim against the Contractor.

SECTION 109 MEASUREMENT AND PAYMENTS

109.09 MOBILIZATION

109.09.1 General

Mobilization is the preparatory work and operations performed including, but not limited to, those necessary for:

1. The movement of personnel, equipment, supplies, and incidentals to the project site;

2. The establishment of all offices, buildings, and other facilities necessary for work on the project;

3. Premium on contract bonds;

4. Insurance for the contract;

5. Other work and operations that must be performed or costs incurred before beginning contract work;

6. Mobilization costs for subcontracted work; and

7. Submission of all forms, certifications, and documentation required by the Department to prepare the final estimate and issue a certificate of completion. Mobilization is only to be used for these reasonably-anticipated expenses, and is not to be used either to front-load a bid in order to receive payment earlier, or to unbalance a bid.

109.09.2 Payment

The original contract amount is the total price of the contract as bid. The contract amount paid is the cumulative amount paid on progress estimates, excluding all price adjustments. Partial payments for mobilization will be made based on the lump sum contract unit price under Table

109-3. No payments will be made for mobilization until the requirements of Subsection 108.03 have been satisfied.

Payment at the contract unit price is full compensation for all necessary resources to complete the item of work under the contract.

SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS

202.01 DESCRIPTION

Remove and dispose of all structures and obstructions not designated to remain or to be removed and disposed of under other items of the contract.

202.02 RESERVED

202.03 CONSTRUCTION REQUIREMENTS

A. General. Retain a Blasting Consultant as required in Subsection 204.03.1 when using explosives to remove structures or obstructions. Raze, remove, and dispose of all buildings, foundations, structures, fences, debris, and other obstructions on the R/W, excluding utilities.

Remove and transport specified salvage material designated to remain property of the

Department, without damage, to the specified locations. Obtain the Project Manager’s written permission to use any salvaged materials. Dispose of unusable combustible material in accordance with Subsection 201.03.5(A). Dispose of unusable noncombustible material in accordance with Subsection 201.03.5(B). Backfill cavities caused by removing structures and obstructions level with the surrounding ground and compact the backfill in accordance with

Subsection 203.03.3. Install the necessary traffic control devices when removing and transporting structures to maintain traffic in the work area.

B. Structure Removal. Submit to the Project Manager, 5 copies of a written proposal that describes the proposed plan for removal and/or salvage of bridges. Do not begin removal or salvage operations prior to receiving approval. Include in the proposal a narrative of all operations, including all cutting and welding procedures, done in conjunction with the removal of the existing bridge. Include welder’s certifications and descriptions of welding processes.

Approval of the plan is contingent on the plan meeting the requirements of the contract and all permits.

202.03.1 Removal of Bridges and Major Drainage Structures

A. Removal of Superstructures. Repair or replace all damaged or destroyed members, pins, nuts, and plates from steel or timber structures designated to be salvaged at Contractor expense.

Match-mark all members to be salvaged with paint before dismantling. Similarly mark all pins, nuts, and plates to indicate their location in the structure. Paint all pins, pin holes, and machined surfaces with a zinc-rich paint, and wire all loose parts to adjacent members or pack in clearly marked boxes showing the contents and index-numbered for identification.

B. Removal of Substructures. Remove or cut off piles and substructures to 3 feet (915 mm) below the finished grade or existing ground surface elevation, whichever is lower. Shape and contour the removal areas to blend with the surrounding terrain. Do not damage new work while removing existing structures.

C. Disposal of Materials Removed.

1. Structural Steel. Store salvaged structure members and all steel beams above the ground on skids at the designated sites.

2. Concrete and Masonry. Use concrete and masonry removed from old structures in backfills or approach embankments in accordance with Subsection 202.03.3. Dispose of concrete or masonry not placed in backfills or embankments at Contractor expense.

Remove all contract related concrete rubble from streams.

3. Timber and Other Materials. Store all salvageable timber or other salvaged materials above ground on skids at the designated sites.

D. Disposal of Temporary Structures. Remove and dispose of all temporary structures in accordance with Subsection 202.03.1(C).

E. Removal and Salvage of Structure. Do not weld or use a cutting torch on any portion of existing bridge without an approved welding or cutting plan. Follow the requirements of Section

624 and perform no welding without the presence of the CWI.

Notify the Project Manager at least 5 working days prior to welding/cutting operations for scheduling of the CWI. Assume all costs for repairs of contractor caused damage to the structure, including inspection and testing. Inspection/testing costs include salaries, travel expenses and fees for professional services by whomever the State assigns or hires to perform those services.

Notify each party (as listed in contract as owner) at least 30 days prior to the anticipated date of structure removal. Keep each party informed about any changes to the removal dates. If the new owners have a transport available on site at the time of removal, set the truss and floor materials on the transport provided by the new owners. If the new owners do not provide a transport at the time of removal, set the truss and floor materials aside on site at a location as directed. If the new owners have not transported the structure off the project within 60 calendar days of removal, dispose of it unless otherwise directed by the Project Manager.

Any loss or damage, suffered by the new owner of a removed bridge or by a firm or entity that is to remove the bridge on behalf of the new owner, caused by the contractor’s failure to fully comply with the provisions of this contract, will be solely the responsibility of the contractor and will be paid by the contactor, or will subject the contractor to action under its bond or insurance policy, at no expense to the State.

Dispose of all non-salvageable materials in accordance with approved methods and applicable rules, laws and regulations for disposal of solid waste. At the conclusion of the project, clean up all affected areas to the satisfaction of the Project Manager.

202.03.2 Removal of Minor Drainage Structures

Remove minor drainage structures as specified in the contract. Replace lost or damaged salvaged material at Contractor expense.

202.03.3 Removal of Pavement, Concrete, and Masonry

Remove and dispose of all existing bituminous or concrete materials to be removed unless otherwise specified. If used for new roadway construction, process, handle and transport these materials for embankments; or crush, screen, mix and process for use as base, surfacing or traffic gravel as approved. Otherwise, dispose of them as solid waste in conformance with applicable laws, rules, regulations and the Montana Solid Waste Management Act.

Existing materials used for base gravel or surfacing must meet the specifications for the particular item. Process bituminous material to be used as embankment to a maximum 6-inch

(150 mm) size in its largest dimension. Process concrete material, to be used in the embankment, to a maximum 12-inch (305 mm) size in its largest dimension. Do not place the removed bituminous or concrete material in ephemeral drainages or within 100 feet (30 m) of standing water and groundwater wells. Bituminous materials used for embankment of the new roadway must be covered with plant mix surfacing or 12 inches (305 mm) of soil capable of supporting plant growth. Include all costs of this work in the unit price for the applicable contract item.

202.04 METHOD OF MEASUREMENT

202.04.1 Remove Structures and Obstructions

Remove structures and obstructions is measured by the lump sum and includes the removal and disposal of all structures and obstructions encountered within the right-of-way.

202.05 BASIS OF PAYMENT

Payment for the completed and accepted quantities is made under the following:

Remove Structures and Obstructions Lump Sum

Payment at the contract unit price is full compensation for all resources necessary to complete the item of work in accordance with the contract. When the contract does not contain estimated quantities or lump sum items for removal and disposal of structures and obstructions, the work is incidental to and included in payment for other items of work

SECTION 203 EXCAVATION AND EMBANKMENT

203.01 DESCRIPTION

This work is the excavation, placing, compacting and disposal of material encountered within the construction limits necessary to construct the project. This is also referred to as grading.

203.01.1 Excavation

A. Unclassified Excavation. Unclassified excavation is excavating and disposing, when required, of material from the R/W or construction easement areas except borrow excavation and muck excavation.

B. Borrow Excavation. Borrow for embankment construction is Contractor furnished excavation from outside the R/W or construction easement areas.

1. Unclassified Borrow. Use Department approved sources meeting current environmental and cultural resource preservation regulations. Material from a

Department-optioned or Department-owned borrow source may be available at no cost.

The applicable provisions of Subsections 102.06 and 106.02 apply to unclassified borrow.

2. Special Borrow. Special borrow-excavation and special borrow-neat line is the providing and placing of the specified quality of borrow material from designated sources or from other approved sources. The applicable provisions of Subsections 106.02 and

203.01.1(B)(1) apply to special borrow-excavation and special borrowneat line.

203.03.1 Excavation

A. General. Do not begin grading operations before the area is cleared of vegetation and obstructions in accordance with Sections 201 and 202. Ensure erosion controls are placed as specified in the contract.

Excavate without disturbing material and vegetation outside of the slope limits. Use all suitable material removed from the excavation in embankments, subgrade, shoulders, top soiling, and other designated locations. Excavated material not used as specified or directed is not paid for.

Sequence excavation of backfill or road finishing material so it is placed into final position as soon as possible. Stockpile suitable material that is not immediately used.

Construct temporary fencing to restrict livestock and vehicular traffic from the work in accordance with Subsection 607.03.5.

Replace temporarily removed fence and repair damaged fence to a condition equal to the existing fence at Contractor expense. Confine livestock when fencing is disturbed.

If excavated material from the roadbed is used outside the embankments, furnish and place at

Contractor expense, an equal quantity of borrow to replace the material.

Do not dispose of excess or unusable material within the right-of-way limits unless approved by the Project Manager.

Compact the top 8 inches (200 mm) of the subgrade in cut sections in accordance with

Subsection 203.03.3.

203.03.3 Moisture and Density Requirements

Compact each layer of material to the in-place density requirements of Table 203-1 for the method of moisture and density control used. The moisture and density control is the Proctor method or the Zero Air Voids method, determined by the Project Manager.

If proctors are used for density control, the Contractor may make a written request to the Project

Manager to compact the soils at lower moisture content. Identify the soil class in the request. The

Project Manager may approve the request provided a Department investigation determines the lower moisture content is not detrimental to the soil for the given application. For A-1 material in embankments, MT 218 and MT 230 tests will be used.

Compact rock embankments that cannot be tested by Montana Test Methods MT 212 and MT

218 (Proctor Method) or MT 229 (Zero Air Voids Method) with compaction equipment and hauling and spreading equipment. Use grid rollers, pneumatic-tired rollers, vibrating rollers, vibrating compactors, or self-propelled tamping rollers. Do not use sheepsfoot rollers unless approved by the Project Manager. Use water as required.

SECTION 208 WATER POLLUTION CONTROL AND AQUATIC RESOURCE

PRESERVATION

208.01 DESCRIPTION Water pollution control is the planning, scheduling, installing, maintaining, and removing of measures and devices to prevent or minimize pollution and control sediment transport and soil erosion. Aquatic resource preservation is the avoidance and minimization of impacts to aquatic resources.

208.02 MATERIALS Use materials meeting contract requirements or approved by the Project

Manager if permanent and temporary materials are not specified.

208.03 CONSTRUCTION REQUIREMENTS

208.03.1 General

Comply with all local, state, tribal, and federal laws and regulations as well as applicable permits, authorizations, and notifications for prevention or abatement of erosion, water pollution, and siltation. Obtain and submit copies of any required permits, authorizations, and notifications to the Project Manager before beginning construction activities covered under the applicable permit. The Department is not responsible for delays caused by incomplete or inaccurate submittals by the Contractor. Defend, indemnify, and hold harmless the Department from legal actions or fines resulting from violations of the rules, regulations, permits, authorizations, and notifications due to any act, omission, neglect, or Contractor misconduct. Plan, install, inspect, and maintain temporary and permanent water pollution controls (i.e. BMPs) to provide economical, effective, continuous erosion and sediment control, prevent pollution during and after completion of construction activities, and preserve existing aquatic resources. Erosion and sediment control is required on all projects as necessary to minimize damage to the highway and adjacent properties and abate pollution of surface and ground water resources.

208.03.2 Water Pollution Control

Contractor failure to provide erosion, sediment, and water pollution controls may cause the

Department to provide the work and deduct those costs from monies due or to become due the

Contractor, or otherwise billed to the Contractor. The Department may also stop the work or withhold any payments due until acceptable corrective action is taken.

A. Spill Prevention and Waste Disposal. Prevent chemicals, fuels, lubricants, bitumen, raw sewage, and other wastes from entering regulated aquatic resources. Dispose of all wastes, refuse, and discarded materials in accordance with Subsection 107.11.

B. Erosion and Sediment Control Measures. Control erosion, sediment, and water pollution during all work and work suspensions. Design, install, and maintain erosion and sediment controls to control stormwater discharges, including both peak flow rates and total stormwater volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion.

1. Temporary Control Measures. Install BMPs prior to, or concurrently with, soil disturbance activities. When BMP installation is concurrent with the soil disturbance activity, limit the work to an area that can be protected by BMPs no later than the same day the work is performed. Failure to install BMPs within the same day will result in suspension of all work relating to those BMPs. Maintain all temporary erosion control, sediment control, and other pollution control measures until it is no longer needed or conflicts with the work. If devices that conflict with the work are removed, replace these devices no later than the end of each shift. Re-grade work sites to match the surrounding terrain after the devices are removed. Repair or replace damaged, inadequate, non-functioning, or non-conforming devices. Initiate work to fix the problem immediately after discovering the problem. Unless specified differently in permits or authorizations, complete this work as soon as practicable, but no later than 7 calendar days after discovering any deficiencies. Temporary pollution control measures required due to the

Contractor’s negligence, carelessness, failure to maintain, or failure to install designed permanent controls in place of temporary controls are at Contractor expense.

2. Permanent Control Measures. Install permanent pollution controls concurrently or immediately following work that disturbs natural ground.

C. Inspections. Conduct inspections as specified in the permit. When no permit is required, conduct inspections to evaluate performance and maintenance needs of water pollution controls in accordance with the following schedule unless specified differently in permits or authorizations:

• At least once per month; and

• Within 24 hours of a storm event of 0.25 inches (6.5 mm) or greater.

Use the Department’s most current SWPPP Inspection Report, when no permit is required. Use the Department’s form or another form that conforms to permit requirements when a permit is required. Provide one copy of the signed inspection report to the Project Manager.

Failure to conduct inspections and submit inspection reports renders the BMPs unacceptable.

Immediately report potential noncompliance in accordance with applicable regulations, guidance, and permit conditions. The Contractor is wholly responsible for all violations including but not limited to those that result during the times when the required monitoring is not conducted, inspection report forms are not submitted, BMPs are ineffective, required maintenance or monitoring of BMPs is not performed.

BMPs will be inspected as part of the final inspection to ensure they are adequate, maintained, and functioning properly.

D. Erosion Control Plan. MPDES permits are issued by the DEQ for discharges within the state of Montana not including Indian Countries.