Loading...
2005-04-08 Specs Grading ImprovementHunter's Pass Estates Grading Improvement Project Bidder's List Bids are due on or before 2:00 PM, May 06, 2005 at the office of MEYER-ROHLIN 1) Gary Fehn, Dennis Fehn Gravel & Excavating, Inc., 5050 Barthel Industrial Drive, Albertville, MN 55301, (763) 497-2428 2) Kevin Miller, Doboszenski & Sons, Inc., 6450 Pioneer Trail, Loretto, MN 55357, (763) 478-6945 3) Dale McCullough, Integrity Excavating, Inc., 1355 South Frontage Road, Suite 360A, #327, Hastings, MN 55033 4) Tony Nyen, Nyen Excavating Inc., 525-D Creekridge Dr., Chaska, MN 55318, (952) 448-2824 5) Joe Lahr, Joe's Excavating, 1229 Pine Cone Rd N, Sartell, MN 56377 - 1871, (320) 252-?158 6) Randy Marsh, Matt Bullock Contracting, 14233 42nd Street NE, St. Michael, MN 55376, (763) 497-2880 7) Michael Eichers, Randy Kramer Excavating, 165 Central Ave. N., Watkins, MN 55389, (320) 764-6871 PROPOSAL FORM FOR HUNTER'S PASS ESTATES Grading Improvement Project Albertville, Minnesota Bids are due on or before 2:00 PM, May 06, 2005 at the office of Meyer-Rohlin. Owner: Minnesota Development Agency 201 West 7th St Monticello, MN 55362 Engineer: Meyer-Rohlin, Inc. 1111 Highway 25 North Buffalo, MN 55313 The undersigned, as bidder, hereby proposes and, if this proposal is accepted, agrees to furnish bonds as required and to enter into a contract with the Owner to furnish all materials, labor, skill, tools and equipment for the complete construction of streets and utilities, including all accessories as called for by the Specifications herewith, as prepared by Meyer Rohlin, Inc., Engineers and Land Surveyors, 1111 Highway 25 North, Buffalo, MN, 55313, acting as and in these contract documents entitled as the Engineer for the following estimated quantities and unit prices. Bid Submitter: Date: nm n CTADM r1DAlAl No. Item Qt . Unit Unit Price Total Price 1 8" Dual Wall HDPE all de the 119 LF 2 8" Metal FES w/ Trash Guard 6 EA 3 12" RCP, Class III, all de the 34 LF 4 12" HDPE all de the 18 LF 5 12" Metal FE w/ Trash Guard 3 EA 6 12" CMP all de the 80 LF 7 15" HDPE all de the 26 LF 8 15" Metal FES w/ Trash Guard 3 EA 9 15" RCP, Class III, all de the 79 LF 10 15" CMP, ali de the 80 LF 11 18" HDPE all de the 25 LF 12 18" Metal FES w/Trash Guard 1 EA 13 18" RCP, Class III, all de the 82 LF 14 24" Dual Wall HDPE all de the 297 LF 15 24" Metal FES w! Trash Guard 1 EA 16 36" HDPE all de the 220 LF 17 Pond A Outlet Structure No Pie 1 LS 18 Pond B Outlet Structure No Pie 1 LS 19 Pond C Outlet Structure No Pie 1 LS 20 Pond D Outlet Structure No Pie 1 LS 21 Pond E Outlet Structure No Pie 1 LS 22 Ri Ra , CL II w/Geotextile Fabric 35 CY BID A -STORM DRAIN TOTAL 4/4/2005 Page 1 BID B -GRADING No. Item Qt Unit Unit Price Total Price 1 Clearin & Grubbin 10 Acres Est. 1 AC 2 Erosion Control Silt Fence 8300 LF 3 Wood Fiber Blanket 7300 SY 4 Common Excavation 160,000 CY Est. 1 LS 5 Soil Correction EV 30000 CY 6 Seed, Fertilizer, Mulch 30 AC 7 Wetland Buffer Seed 4.8 AC 8 Wetland Seed 3.7 AC BID B -GRADING TOTAL 9 Common Excavation Contin enc 2500 CY BID C -MISCELLANEOUS No. Item Qt . Unit Unit Price Total Price 1 Rock Construction Entrance 1 EA 2 Buildin & Structure Demolition 1 LS 3 Utilit Pole Relocation 1 LS 4 4" Back and Draintile 100 LF 5 6" Back and Draintile 270 LF 6 Draintile Connection, Cleanouts, Etc. 6 EA BID C -MISCELLANEOUS TOTAL GRAND TOTAL OPTION ITEMS No. Item Qt . Unit Unit Price Total Price 1 Wetland Eco-Patchs 3.6 AC 4/4/2005 Page 2 Subcontractors to be used in the work must be shown below. Name Address Name Address If this proposal is accepted, the bidder agrees to commence work and to complete all work according to the schedule in the special provisions. This proposal is submitted after careful study of the plans and specifications and from a personal knowledge of the conditions, both surface and subsoil, at the various sites, which knowledge was obtained from the undersigned's own sources of information and not from any official or employee of the Owner. The undersigned does declare this proposal is made without improper connection with any other person or persons making a proposal on this same contract and is in all respects fair and without collusion...or fraud.and the...undersigned..does..further..declare that.no person-.or.persons acting in any official capacity for the Owner is directly or indirectly interested in the proposal herein or in the supplies or works to which it relates or in any portion of the profits thereof. . It is understood. and agreed .that this .proposal cannot be withdrawn within thirty (30) days after the opening of bids without the consent of the Owner and that the Owner has the right to accept the lowest responsive-responsible bidder or reject any or all proposals. ADDENDUM RECEIl'T The receipt of the following Addenda to the. Specifications is acknowledged. Addendum No. Date _ Addendum No. Date Legal Name of Person, Firm or Corporation BY ADDRESS PHONE SPECIFICATIONS FOR HUNTER'S PASS ESTATES GRADING IMPROVEMENT PROJECT ALBERTVILLE, MINNESOTA MEYER-ROHLIN, INC. ENGINEERS AND LAND SURVEYORS 1111 HIGHWAY 25 NORTH BUFFALO, MINNESOTA 55313 April 8, 2005 Project No. 04115 I hereby certify that this plan, specification, or report was prepared by me, or under my direct supervision and I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Thore P. Meyer, Profess~nal Engineer Lic. No. 6218 ~-~ TABLE OF CONTENTS Instructions to Bidders ............................................................................ pages 1-3 Proposal Form .......................................................................................................... pages 1-3 Contract Agreement ........................................................................................... pages 1-2 General Conditions ........................................................................................... pages 1-42 Supplemental General Conditions ...... pages 1- 9 Special Provisions ........................................................................................... pages 1-4 Soil Boring Logs Eco Patch Flyer, SWPPP Standard Specification for Trench Excavation ............. pages 1-21 Excavation and Embankment ...................................................................... pages 1-2 Lawns and Grasses ...............................................................................................pages l-2 Wetland Mitigation .................................................... pages 3-5 INSTRUCTIONS TO BIDDERS 1 In order .for proposals to be entitled to consideration, they must be in accordance with the following instructions: A. GENERAL e All proposals shall be submitted on forms furnished by the Engineer. All information, lump sums and unit prices requested shall be completely filled out by typewriter or in ink. All corporation bids shall bear the official seal of the corporation. The bid shall be submitted on the unbound proposal forms. ' A proposal may be withdrawn without prejudice to the bidder by written request prior to the hour of the letting. Proposals so withdrawn may be re-submitted at any time prior to the time set for opening of proposals. The Owner reserves the right to reject any or all proposals and to waive any informalities and irregularities in the bidding. B. _OUALIFICATIONS OF BIDDERS All bidders shall submit information necessary to satisfy the Owner that the bidder is adequately prepared to fulfill the contract. Such information shall include past performance records, lists of available personnel, plants and equipment, financial statements, or any other pertinent information. ' C. PREPARATION OF PROPOSAL The bidder shall submit his proposal on the forms provided by the Engineer. The blank spaces on the proposal shall be filled in correctly for every item for which a quantity is given, and the bidder shall state the prices for which he proposes to do each item of work. The bidder's proposal shall be signed correctly in ink. The signature acknowledges that the bidder is providing the ' information required and has received all Addenda to the Specifications. D. SUBCONTRACTORS The names and addresses of all subcontractors that the bidder intends to employ on the project shall be listed in the spaces provided on the proposal form. No other subcontractors shall be used on the project without the written approval of the Engineer. E. BID SECURITY. Each bid shall be accompanied by a certified check, cashier's check, or bidders bond in the amount of five (5%~of the bid, as a guarantee that the bidder will enter into the proposed contract within the time specified. Should the bidder whose proposal has been accepted by the Owner refuse, fail or neglect to execute the contract and furnish a satisfactory surety bond, it is understood and agreed between the Owner and said accepted bidder that the five (5%) percent of bid security shall be the amount of the liquidated damages occasioned by such refusal, failure, or neglect; and that thereupon said Owner shall realize on such bid security and use the proceeds in payment of said damages. The bid security accompanying rejected bids will be promptly returned to the bidders. upon the execution of a ' contract or the rejection of bids. 1 1 n F. PLANS AND SPECIFICATIONS Copies of proposal forms, Plans and Specifications, for use by contractors submitting a bid, may be obtained from Meyer- Rohlin, Inc., 1111 Highway 25 North, Buffalo, MN 55313, on deposit of the sum of Twenty-Five Dollars ($25.00). This deposit will not be refundable. G. EXAMINATION OF SITE AND DOCUMENTS Bidders shall satisfy themselves by a personal examination of the site as to all local conditions affecting flee performance of the Contract, such as the structure of the ground, the existence of surface and ground water, availability of drainage, obstacles which maybe encountered, means of approach to the site, and the manner of delivery and handling of materials. ' The bidder, in submitting his proposal, is deemed to accept all conditions as the same as are eventually found to exist and to waive all claim fox extra compensation arising from the encountering of unforeseen difficulties except as the same axe expressly provided for in either die Specifications or the contract. Bidders shall also carefully examine the Plans and read the Specifications before submitting bids on the work to be done. If any bidder contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the Plans, Specifications, or other proposed contract documents, he may submit to the Engineer a written request fox an interpretation thereof. The clarification of the proposed documents will be made only by an addendum duly issued. A copy of such an addendum will be mailed, faxed, or delivered to each person receiving a copy of the Plans and Specifications or to such other prospective bidders as have requested that they be furnished with a copy of such an addendum. All addenda issued to bidders prior to dze date of receipt of proposals shall become a part of the contract documents, and all proposals axe to include the work therein described. Each proposal submitted shall list all addenda by number which have been received prior to the time scheduled fox receipt of proposals. H. ADHERENCE TO SPECIFICATIONS ' All work shall be done in strict accordance with the Specifications and Plans acid such addenda as may be issued from time to tune by the Engineer. Bidders shall be held strictly to the intent of the Plans and Specifications. I. REJECTION OF BIDS The right is reserved to reject any or all bids or to accept such bid, as in die opinion of dze Owner will be to the best interests of the Owner. No bidder may withdraw lus bid for at least thirty (30) days after the scheduled closing time for the receipt of bids. ' J. CONDITIONS IN BIDDER'S PROPOSAL The bidder shall not stipulate in lus proposal any conditions not provided for on the proposal form. K. INTERPRETATION OF ESTIMATES Bidders shall exunuie to their satisfaction the quuitities of work to be done, as determined from the Plans and Specifications. The Enguzeer's estimate of quantities as shown on the proposal shall be used as a basis of calculation upon which die award of contract will be made, but these quantities are not guaranteed to be acciuate and are fuunshed without any liability on die part of flee Owner or Engineer. Bidders must rely on their own calculations and shall be diorougl~l}T familiar ~vifli die contract documents. n Ij, L. DELNERY OF PROPOSALS All bids shall be placed in a sealed envelope with a statement thereon showing the work covered by the bid and addressed to the address stipulated in the Request for Bids. Proposals may be mailed or submitted in person. No proposals received via facsimile shall be accepted. No bids will be received after the time set for receiving them. Bids arriving by mail at the office of the Owner after the hour designated for receiving bids will be returned to the sender unopened. The Engineer will not deliver bids to the place of the bid opening. M. REJECTION OF PROPOSALS Proposals may be rejected if they show any omission, alteration of form, additions not called for, conditional bids or alternate. bids not specified,=or.irregularities of any. kind. Proposals in which the prices are obviously unbalanced ' may be rejected. N. DISQUALIFICATION OF BIDDERS More than one proposal for the same project from any individual firm, partnership or corporation under the same or different names will not be considered.. Collusion between the bidders will be considered sufficient cause for the rejection of all bids so affected. Failure on the part of any bidder to carry out previous contracts satisfactorily, or his lack of experience or equipment necessary for the satisfactory completion of the work, may be deemed sufficient cause for his disqualification. O. UNIT PRICES ' In case. of error in the extension :of prices,. the unit .bid prices shall govern. The Owner reserves the right to: waive any informality in the bids at his discretion. 1 u n 1 1 1 1 1 1 1 PROPOSALFORM FOR HUNTER'S PASS ESTATES Grading Improvement Project Albertville, Minnesota Bids are due on or before 2:00 PM, May 06, 2005 at the office of Meyer-Rohlin. Owner: Minnesota Development Agency Engineer: Meyer-Rohlin, Inc. 201 West 7th St 1111 Highway 25 North Monticello, MN 55362 Buffalo, MN 55313 The undersigned, as bidder, hereby proposes and, if this proposal is accepted, agrees to furnish bonds as required and to enter into a contract with the Owner to furnish all materials, labor, skill, tools and equipment for the complete construction of streets and utilities, including all accessories as called for by the Specifications herewith, as prepared by Meyer Rohlin, Inc., Engineers and Land Surveyors, 1111 Highway 25 North, Buffalo, MN, 55313, acting as and in these contract documents entitled as the Engineer for the following estimated quantities and unit prices. Bid Submitter: Rlr] ~ _ ST(1RM nR~tN No. Item Ot . Unit Unit Price Total Price 1 8" Dual Wall HDPE all de the 119 LF 2 8" Metal FES w/ Trash Guard 6 EA 3 12" RCP, Class III, all de the 34 LF 4 12" HDPE all de the 18 LF 5 12" Metal FE w/ Trash Guard 3 EA 6 12" CMP all de the 80 LF 7 15" HDPE all de the 26 LF 8 15" Metal FES w/ Trash Guard 3 EA 9 15" RCP, Class III, all de the 79 LF 10 15" CMP, all de the 80 LF 11 18" HDPE all de the 25 LF 12 18" Metal FES w/ Trash Guard 1 EA 13 18" RCP, Class III, all de the 82 LF 14 24" Dual Wall HDPE all de the 297 LF 15 24" Metal FES w/ Trash Guard 1 EA 16 36" HDPE all de the 220 LF 17 Pond A Outlet Structure No Pie 1 LS 18 Pond B Outlet Structure No Pie 1 LS 19 Pond C Outlet Structure No Pie 1 LS 20 Pond D Outlet Structure No Pie 1 LS 21 Pond E Outlet Structure No Pie 1 LS 22 Ri Ra , CL II w/Geotextile Fabric 35 CY BID A -STORM DRAIN TOTAL 4/4/2005 Page 1 Rlrl R _ (:RAnW(; No. Item Qt Unit Unit Price Total Price 1 Clearin & Grubbin 10 Acres Est. 1 AC 2 Erosion Control Silt Fence 8300 LF 3 Wood Fiber Blanket 7300 SY 4 Common Excavation 160,000 CY Est. 1 LS 5 Soil Correction EV 30000 CY 6 Seed, Fertilizer, Mulch 30 AC 7 Wetland Buffer Seed 4.8 AC 8 Wetland Seed 3.7 AC BID B -GRADING TOTAL 9 Common Excavation Contin enc 2500 CY Rlr] C . MISCFI I ONFn11S No. Item Qt . Unit Unit Price Total Price 1 Rock Construction Entrance 1 EA 2 Buildin & Structure Demolition 1 LS 3 Utilit Pole Relocation 1 LS 4 4" Back and Draintile 100 LF 5 6" Back and Draintile 270 LF 6 Draintile Connection, Cleanouts, Etc. 6 EA BID C -MISCELLANEOUS TOTAL GRAND TOTAL APTIANI ITEMS No. Item Qt . Unit Unit Price Total Price 1 Wetland Eco-Patchs 3.6 AC 4/4/2005 Page 2 n ' Subcontractors to be used in the work must be shown below. Name Address ' Name Address If this proposal is accepted, the bidder agrees to commence work and to complete all work according to the schedule in the special provisions. This proposal is submitted after careful study of the plans and specifications and from a personal knowledge of the conditions, both surface and subsoil, at the various sites, which knowledge was obtained from the undersigned's own sources of information and not from any official or employee of the Owner. The undersigned does declare this proposal is made without improper connection with any other person or persons making a proposal on this same contract and is in all respects fair and without collusion..or fraud. and:the...undersigned,does.further.. declare that.no per5on.or persons acting in any official capacity for the Owner is directly or indirectly interested in the proposal herein or in the supplies or works to which it relates or in any portion of the profits thereof. . It is understood. and agreed .that this .proposal cannot be withdrawn within thirty (30) days after the opening of bids without the consent of the Owner and that the Owner has the right to accept the lowest responsive-responsible bidder or reject any or all proposals. ADDENDUM RECEIPT The receipt of the following Addenda to the. Specifications is acknowledged. Addendum No. Date Addendum No. Date Legal Name of Person, Firm or Corporation BY ADDRESS PHONE CONTRACT AGREEMENT HUNTER'S PASS ESTATES GRADING IMPROVEMENT PROJECT THIS AGREEMENT, made and entered into as of the day of 2005, by and between hereinafter called the Contractor, and Minnesota Development Agency, hereinafter called the Owner. i~ jl I.J I~ C WITNESSETH: That the Contractor and the Owner for the considerations hereinafter agree as follows: ARTICLE 1 - SCOPE OF WORK The Contractor shall furnish all of the material and perform all of the work shown on the plans and drawings as described in the specifications entitled, "HUNTER'S PASS ESTATES GRADING IMPROVEMENT PROJECT", as prepared by Meyer-Rohlin, Inc., Engineers and Land Surveyors, 1111 Highway 25 North, Buffalo, Minnesota, acting as and in these contract documents entitled "Engineer". ARTICLE 2 - COMPLETION OF WORK The Contractor shall complete the work as specified within the specifications. ARTICLE 3 - THE CONTRACT SUM The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the unit prices bid and based upon the estimated quantities for the combined estimated sum as set forth in the accepted Contractors Proposal on file with the Owner, to be ($ ) ARTICLE 4 - CONTRACT DOCUMENTS ' The Contract Documents shall consist of the following component parts: n 1) Contract Agreement 2) General Conditions 3) Supplemental Conditions 4) Special Provisions 5) Standard Specifications for Trench Excavation 6) Excavatioon and Embankment 7) Lawns and Grasses 8) Wetland Mitigation 9) Plan Sheets - 04115 This Instrument, together with the documents above mentioned, form the Contract, and they are as fully a part of the Contract as if hereto attached or herein repeated.. ARTICLE 5 - PAYMENTS The Contractor shall submit Engineer, as per specificatic payment for all materials, period. The Owner will retain payment until full completion monthly requests for payment to the ins, including lien waivers requesting and labor expended for the payment five (50) percent of the amount of the of the Contract. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and year first above written. MINNESOTA DEVELOPMENT AGENCY BY BY This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By National Society of American Society ~,~ ~ t,, ;. ~. ~ Professional Engineers ~~e~ of Civil Engineers ~AIE%IGN COIINCIL OI' ~NGINHC111NG Cn+.rutl¢s Professional Engineers in Private Practice PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES <:!. - AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by ~~'" The Associated General Contractors of America ' ~ fCnowledge Ior Creating and Sustaining Iha Built EnNronment Construction Specifications Institute i EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Copyright ©2002 National Society of Professional Engineers . 1420 King Street, Alexandria, VA 22314 American. Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions tNo. C-800) (2002 Edition). EJCDC C-700 Standard General Conditions of the Construction Contract ' Copyright ®2002 National Society of Professional Engineers for EJCDC. All rights reserved. - 00700 - 2 __ C'~ TABLE OF CONTENTS Pa:?e J ARTICLE 1 -DEFINITIONS AND TERMINOLOGY .....................................................:............... .........................................6 1.01 Defined Terms ................................................................................................................. .........................................6 1.02 Terminology .................................................................................................................... .........................................8 ARTICLE 2 -PRELIMINARY MATT'ERS ....................................................................................... .........................................9 2.OI Delivery of Bonds and Evidence of Insurance ................................•--............................. .........................................9 2.02 Copies of Documents ....................................................................................................... .........................................9 2.03 Commencement of Contract Times; Notice to Proceed .................................:................. .........................................9 2:04 Starting the Work ........................................................................................................... ..........................................9 2.05 Before Starting Construction ......................................................................................... ..........................................9 06 2 Preconstruction Conference ........................................................................................... ..........................................9 . 2.07 Initial Acceptance of Schedules ...................................................................................... ..........................................9 ARTICLE 3 -CONTRACT DOCUMENTS: IN'T'ENT, AMENDING, REUSE ............................... ........................................10 01 3 Intertt ...........................................................................................:.................................. ........................................10 . 3.02 Reference Standards ....................................................................................................... ........................................10 3.03 Reporting and Resolving Discrepancies .......................:................................................ ........................................10 3.04 Amending and Supplementing Contract Documents ...................................................... ........................................11 3.05 Reuse of Documents ....................................................................................................... ....:................................... i l 3.06 Electronic Data .............................................................................................................. ........................................11 ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ....................................................... .........................................I1 4.01 Availability of Lands ...............................................................................:..................... .........................................11 4.02 Subsurface and Physical Conditions ............................................................................. ......:..................................12 4.03 Differing Subsurface or Physical Conditions ................................................................ .........................................12 4.04 Underground Facilities ................................................................................................. .........................................13 4.05 Reference Points ........................................................................................................... .........................................13 06 4 Hazardous E~tvironmental Condition ai Site ....................................................:............ .........................................13 . ARTICLE 5 -BONDS AND INSURANCE ..................................................................................... .........................................14 S.OI Performance, Payrnertt, artd Other Bonds ..................................................................... .........................................14 02 5 ..................... Licensed Sureties and Insurers ................................ ................................ .........................................15 . 5.03 Certifcates of Insurartce ............................................................................................... .........................................15 04 5 Contractor's Liability Insurartce ................................................................................... .........................................15 . 05 5 Owner's Liability Insurance ......................................................................................... ..........................................16 . 5.06 Property Insurance ....................................................................................................... ..........................................16 5.07 Waiver of Righis ........................................................................................................... ..........................................17 5.08 Receipt and Application of Insurance Proceeds .......................................................... ..........................................17 5.09 Acceptance of Bonds and Insurance; Option to Replace ............................................. .....:....................................17 10 5 Partial Utilization, Acknowledgment of Property Irtsurer ........................................... ..........................................18 . ARTICLE 6 -CONTRACTOR'S RESPONSIBII..ITIES ................................................................ ..........................................18 6.01 Supervision and Superintendence ................................................................................ ..........................................18 6.02 Labor; Working Hours ................................................................................................. ..........................................18 03 6 Services, Materials, and Equipment ............................................................................. ..........................................18 . 6.04 ........ Progress Schedule ........................................................... ..................................... ..........................................18 05 6 Substitutes artd "Or-Equals" ....................................................................................... ..........................................19 . 6.06 Concerning Subcontractors, Suppliers, and Others ..................................................... ..........................................20 07 6 Patent Fees and Royaliies ........................................................................................... ...........................................21 . ..........21 6.08 Permits .............................:.......................................................................................... ................................. 21 6.09 Laws and Regulations ................................................................................................. ........................................... .........22 6.10 Taxes ........................ .................... ..................................... .......................................... .................................. 22 6.11 Use of Site and Other Areas ........................................................................................ ........................................... 6.12 Record Documents ...................................................................................................... ...........................................Z2 22 6.13 Safety and Protection .................................................................................................. ........................................... 23 6.14 Safety Represerttative .................................................................................................. ........................................... 23 6.15 Hazard Corn»tunication Programs ............................................................................. ........................................... EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. nn~nn 6.16 Emergencies ................................................................................................................ ...........................................23 23 6.17 Shop Drawings and Sarnples ....................................................................................... ........................................... 24 6.18 Continuing the Work ................................................................... ................................ ........................................... 24 19 6 Contractor's Geizeral Warranty and Guarmztee ........................................:................ ........................................... . 6.20 bzdemnification ........................................................... ................................................ ...:.......................................24 25 21 6 Delegation of Professio~zal Desig~z Services ............................................................... ........................................... . ARTICLE 7 -OTHER WORK AT THE SITE ............................................................................... ...........................................25 7.01 Related Work at Site .................................................................................................... ...........................................25 ..............26 7.02 Coordination ............................................................................................................... ............................. 26 7.03 Legal Relationships ....................... ................................................. ........................................... 26 ARTICLE 8 -OWNER'S RESPONSIBII.,TTIES .......................................................................... ............................................ 8.01 Cammunicatiotzs to Contractor .................................................................................. ............................................26 26 : 8.02 Replacement of Engineer ........................................................................................... ... ........................................ ......26 . 8.03 Furnish Data .............................................................................................................. .. ................................... ....26 8.04 Pay When Due ..................... ................................................. ...................................... ........................................ 26 8.05 Lands atzd Easements; Reports and Tests ....................................::............................ ............................................ ....................26 8.06 bzsura~zce .......................... .....................--•--........................................... ..................... ........................ ....26 . 8.07 Change Orders ........................................................................................................... . .......................--•--.......... 26 08 8 Lzspections, Tests, and Approvals .............................................................................. ...................:........................ . 09 8 Limitations az Owr:er's Responsibilities ................. .............................................:. .... ........'....................................27 . 10 8 Undisclosed Hazardous Environmental Condition .................................................... ............................................27 . 8.11 Evidence of Financial Arrangements ......................................................................... ............................................27 27 ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION ......................................... ............................................ 9.01 Owner's Representative ..................... ....................................................................... .............................................27 ..............27 . 9.02 Visits to Site .................... .................................................................................... ....... . ............................. 27 9.03 Project Representative ..............................................................,...... ......................... ............................................. 27 9.04 Authorized Variations in Work .................................................................................. ............................................. 27 9.05 Rejecting Defective Work ................... ................................................................ ....... ............................................. 28 : 06 9 Shop Drawings, Change Orders and Payments ........................................................ . ........................................... . 07 9 Determinations for Unit Price Work ......................................................................... .............................................28 . 08 9 Decisiazs on Requirements of Contract Documents and Acceptability of Work ...... .............................................28 . 09 9 Limitations on E~zgi-zeer's Authority and Responsibilities .......................:................ .............................................28 . ARTICLE 10 -CHANGES IN THE WORK; CLAIMS ............................................ .................. .............................................28 10.01 Authorized Clzatzges i~z the Work ................:...........................:.................................. .............................................28 29 10.02 Unauthorized Changes in the Work ......................................................................... .............................................. 29 10.03 ................................................. Execution of Change Orders .................................:. ....................................... ....... ........29 10.04 ................................................................................. Notification to Surety .............. ...................................... ................29 10.05 Claims ......................................................................................................:............... ARTICLE 11 -COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK .................... .............................. ..........................:......:............30 11.01 Cost of the Work ......................... .................................................................. ............ ..............................................30 ...............31 11.02 ................................................ Allowances ......................................... ...................... ............................... .......31 . . 11.03 Unit Price Work ....................................................................................................... . .. .................................. 32 ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ..................................................... 12.01 Change of Contract Price ...................... .................................................................. ..............................................32 . ...33 12.02 Cliarzge of Contract Times ....................................................................................... . ......................................... ..................33 12.03 Delays ........................................................................................:......................................................... REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......33 STS AND INSPECTIONS; CORRECTION , ARTICLE 13 -TE ...33 . 13.01 Notice of Defects ............................... ..............._.............................. ........................ .. ......................................... .....33 13.02 ................................................. Access to Work ............................ ........................... .......................................... .....33 13.03 Tests and Inspections ............................................. ................................................. .......................................... ..34 13.04 ....................... Uncovering Work ............................................. ................................ ............................................. 34 13.05 ................................... Owner May Stop the Work ....................... ............................ ............................................... 34 13.06 Correction or Removal of Defective Work .............................................................. ............................................... ...34 13.07 Correction Period ..................... .............................................................................. ............................................ 35 13.08 Acceptance of Defective Work ................................................................................. ............................................... 35 13.09 Owner May Correct Defective Work ....................................................................... ............................................... 36 ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION ............................... ................................................ ..36 : 14.01 Schedule of Values ............................. .................................................................... ......................... .................... ....36 . 14.02 Progress Payments :................................................................................................ . .......................................... 37 14.03 Contractor's Warranty of Title .............................................................................. ................................................ ...37 14.04 Substantial Completio~z .......................................................................................... ............................................. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 4 14.05 Partial Utiliiation ..................................................................................................................................................38 14.06 Final Inspectiore .....................................................................................................................................................38 14.07 Final Payment ........................................................................................................................................................38 14.08 Final Completion Delayed .....................................................................................................................................39 14.09 Waiver of Claims ....................................................................................................................................................39 ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION .........................................................................................39 15.01 Owner May Suspend Work .....................................................................................................................................39 15.02 Owner May Terminate for Cause ...........................................................................................................................39 15.03 Owner May Terminate For Convenience ...............................................................................................................40 ' 15.04 Contractor May Stop Work or Termirtate ..............................................................................................................40 ARTICLE 16 -DISPU'T'E RESOLUTION ................................................................................................................................41 16.01 Methods and Procedures ........................................................................................................................................41 ARTICLE 17 -MISCELLANEOUS .........................................................................................................................................41 17.01 Giving Notice .........................................................................................................................................................41 17.02 Computation of Times ............................................................................................................................................41 17.03 Cumulative Remedies .............................................................................................................................................41 17.04 Survival of Obligations ...........................................................................................................................................41 17.05 Controlling Law . ..41 17.06 Headings ................................................................................................................................................................41 L~ EJCDC C-700 Standard General Conditions of the Construction Contract. GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement--The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment--The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder--The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order--A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim--A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract--The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals,. and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price--The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work).. 14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor--The individual or entity with whom Owner has entered into the Agreement. 16. Cost af~the Work--See Paragraph 11.O1.A for definition. 17. Drawings--That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ` 19. Engineer--The individual or entity named as such in the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. n J 20. Field Order--A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste--The term Hazazdous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations- -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone--A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award--The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed--A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner--The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs--Polychlorinated biphenyls. 31. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standazd conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule--A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part_ 34. Project Manual--The bound documentary information prepared far bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material--Source, special nucle- az, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity - An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative--The autho- rized representative of Ergineer who may be .assigned to the Site or any part thereof. 38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish .the standazds by which such portion of the Work will be judged. 39. Schedule of Submittals--A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values--A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site--Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of--way and easements for access thereto, and such other lands furnished by Owner which aze designated for the use of Contractor. 43. Specifications--That pazt of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Construction Contract. i administrative requirements and procedural matters applicable thereto. 44. Subcontractor--An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work a[ the Site. but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology 45. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified pazt thereof) is suffciently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier--A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television; water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work--Work to be paid for on the basis of unit prices. 51. Work--The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive--A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives I. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terms of like effect or import.to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). 1 ii EJCDC C-700 Standard General Conditions of the Construction Contract. i~ E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context cleazly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 -PRELIMINARY MATTERS 2.01 Delivery of Bands and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site. prior to the date on which the Contract Times commence to run. 2.05 Before Starting Co~istruction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.OS.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.02 Copies of Documents 2.07 Initial Acceptance of Schedules A. At least 10 da s before submission of the first ' A. Owner shall furnish to Contractor up to ten y printed or hard copies of the Drawings and Project .Application for Payment a conference attended by Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be at the cost of reproduction. held to review for acceptability to Engineer as provided below the schedules submitted in accordance with 2.03 Commencement of Contract Times; Notice to Paragraph 2.OS.A. Contractor shall have an additional 10 Proceed days to make corrections and adjustments and to complete ~~~ and resubmit the schedules. No progress payment shall be ' A. The Contract Times will commence to run on made to Contractor until acceptable schedules aze the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C-760 Standard General Conditions of the Construction Contract. - _.._--. .. ... .... .. _ _____e__T..il~T!'. All ....1. ~.. ..ne~n....na 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose . on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.01 Intent A. The Contract Documents aze complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications ,and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.03 Reporting and Resolving Discrepancies ' A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Wark: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy .which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Pazagraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take .precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. No provision of -any such standard, '' specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of the Work EJCDC C-700 Standard General Conditions of the Construction Contract. .- .~ -....- -. .. ... ..w • .. _~ r__-_ ___ r_. TTn~Il+ Alt ..... {. ~......r......n.i r r (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hazdwaze differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2, reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract. 4.02 Subscrface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Pazagraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until .receipt of written order to do so, B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or >EJCDC C-700 Standard General Conditions of the Construction Contract. C ~~~ c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or azbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementazy Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following. will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time; Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be awaze of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Paints A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessazy to enable- Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: F.JCDC C-700 Standard General Conditions of the Construction Contract. 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazazdous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazazdous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected azea until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the offrcers, directors, partners, employees, • agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazazdous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazazdous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 -BONDS AND INSURANCE , 5.01 Performance, Payment, and Other Bonds e F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes ' Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard Gencral Conditions of the Construction Contract. .-._______v a nnn~ m... c......i C....:.,~.. ..v v-.. C..~..:......1 T. ......,nnrc fnr F7(`11(' All rivhfc racarvnd. ' ~__i J ~J in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as aze named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Pazagraph S.O1.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs S.O1.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the Iimits and coverages so required. Such surety and insurance companies shall also meet-such additional requirements and qualifications as may be provided in the Supplementazy Conditions. 5.03 Certif Cates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by-any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any- person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Pazagraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, paztners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; EJCDC C-700 Standard General Conditions of the Construction Contract. 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability btsurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fue, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; Owner; 5. allow for partial utilization of the Work by 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to, in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be Iisted as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C-7t?0 Standard General Conditions of the Construction Contract n......_:..ti. r, onm nr..F:......~ c,,..:ot., .,r n.-..ro~~:,.....i ~...,:..e..« fns FT!`rlr' e n rc.,ti~~ ro~..r.,a,~ ~J 1 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured lass under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order . B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by .any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract EJCDC C-700 Standard General Conditions of the Construction Contract. Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.O1.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall. notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR' S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such -' attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work. at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, .installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C-700 Standard General Conditions of the Construction Contract. .. ,,, ..,,,... ~. .. _. n__._L. _n... _~___.___. r.+_-_____r__r.Tnnn Ail .....1. s.. ....,...r....R 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times.. Such adjust- . merits will comply with any provisions of the General Re- quirements applicable thereto. ' 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be ' submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.OS.A.1, it will be considered a proposed substitute item. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items, of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.OS.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, ~: 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Pazagraph 6.OS.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and ~, F.JCDC C-700 Standard General Conditions of the Construction Contract. c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified ,and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or .credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similaz to those provided in Paragraph 6.OS.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.OS.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal: ' Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.OS.A.2 and 6.OS.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementazy Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable • replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued . No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute awaiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all. acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents create any obligation on the pazt of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract. or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor o:r Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on -the property insurance provided in Pazagraph 5.06„ the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, paztners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any. of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, .design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them-from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental chazges and inspection fees necessazy for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date 'of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6:09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineer"s, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids). having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. ~JCDC C-700 Standard General Conditions of the Construction Contract. 0.10 Tazes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Dther Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment. or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or azeas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) azising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading ,Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clazifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessazy safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. n-_.._: _e.. rn .,nm nT...:.._..~ C....:..~.. ..C T)....P..ee:......1 T....:..oo.~ F .~ RT!`Tl(' All riohfc rrerrvrA. r ings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, 'or other individual or entity directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise .expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Sl1op Y~rawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings a. Submit .number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: Contractor shall also submit Samples to Engineer for review .and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information. with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C-700 Standard General Conditions of the Construction Contract. with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any vaziations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication sepazate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample stibmit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor -has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 C.'ontractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that al] Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by .Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion- by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or F.JCDC C-?00 Standard General Conditions of the Construction Contract. n..._. _._. nw ..non wi_.e___i o., _:_... ..rn-.. r.,...-:......t e....:..ve..~ Pn.~ FT!'rl(' 0Il noble rnenrvnrj. i, u r r arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, paztners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Pazagraph 6.ZO.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepazed by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall beaz such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 -OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and 1/JCDC C-700 Standard General Conditions of tUe Construction Contract. properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable .provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or .entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the `. Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.O1.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.O1.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 -OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they aze due as provided in Pazagraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tesis A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Pazagraph 10.03. 8.08 Inspections, Tesis, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. EJCDC C-7110 Standard Gencral Conditions of the Construction Contract. l 8.09 Limitations on Owner's Respo~tsibilities Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site B. Engineer's visits and observations aze subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent- or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and aze compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the pazties aze unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment a Claim may be made therefor as provided in Paragraph 10.05. A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's .efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C-700 Standard General Conditions of tl~e Construction Contract. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Pazagraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings .submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminazy determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements. of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Pazagraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph I O.OS.B. partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations a: Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or onvssions of Contractor or of any Subcontractor, any Supplier, or of any other. individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 -CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work C. Engineer's written decision on the issue referred will be final and binding on Owner and A. Without invalidating the Contract and without Contractor, subject to the provisions of Paragraph 10.05, notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C-7l?0 Standard Gencral Conditions of the Construction Contract. n.._.. :..,.. r.+, onn-~ nr.. r.......~ c,...:,, t.. of n...v..~e,....ol F....;.,~orc fn.• Fi('Tl!' All rivhtc roccrvrd 1 promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.O1.A, (ii) required because of acceptance of defective Work under Pazagraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which aze agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days} after the stazt of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other pazty to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.O1.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 .days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the pazties that the Engineer is unable to .resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.O5.C or denial pursuant to Paragraphs 10.O5.C.3 or 10.O5.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C-700 Standard General Conditions of the Construction Contract. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.O1.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.O1.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site.,Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses,. sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, azchitects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: ' a. The proportion of necessary transportation, travel, and ,subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less mazket value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to O All trade discounts rebates and refunds and e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. caner. returns from sale of surplus materials and equipment shall f. Losses and damages (and related expenses) accrue to Owner, and Contractor shall make provisions so caused by damage to the Work, not compensated that they may be obtained. by insurance or otherwise, sustained by Contractor in connection with the performance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06.D), provided such losses and damages have EJCDC C-700 Standard General Conditions of the Construction Contract. resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items,: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.O1.A.1 or specifically covered by Paragraph 11.O1.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.O1.A and 11.O1.B. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall he determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the- Work, Contractor's fee shall be determined as set forth in Paragraph 12.O1.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Pazagraphs 11.O1.A and 11.O1.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation ,overhead, profit, and other expenses contemplated ,for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a .contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. !'TCDC C-0DO Standard General Conditions of [he Construction Contract. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Pazagraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and _ signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change .Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Pazagraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or allowance for overhead and profit not necessarily in accordance with Paragraph 12.OI.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.O1.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.O1.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.O1.A.1 and 11.O1.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.O1.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts aze on the basis of Cost of the Work plus a fee and no fixed fee is ab eed upon, the intent of Pazagraph 12.O1.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the. costs inctured by such Subcontractor under Paragraphs 11.O1.A.1 and 11.O1.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs l 1.O1.A.4, 11.O1.A.5, and 11.O1.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Pazagraphs 12.O1.C.2.a through 12.O1.C.2.e, inclusive. 12.02 Change of Contract Times 2. where the Work involved is not covered by A. The Contract Times may only be changed by unit prices contained in the Contract Documents, by a a Chan e Order. An Claim for an adjustment in the mutually agreed lump sum (which may include an g y Contract Times shall be based on written notice submitted ETCDC C-700 Standard General Conditions of the Construction Contract. r r by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12: 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Decays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and chazges of Engineers, azchitects, attorneys, and other professionals and al] court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2, that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Pazagraph 13.04.C; and 3. as otherwise specifically provided in the Con- tractDocuments. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to FTCnC C_7(ln Standard General Conditions of fhe Construction Contract. be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that. is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers. it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and chazges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating fo such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but riot limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether- or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and al] court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Pazagraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner"s special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. ~JCDC C-700 Standard General Conditions of [he Construction Contract. 0 1 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a pazticulaz item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Pazagraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties aze unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective. Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, azchitects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Pazagraph 13.09 will be chazged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Pazagraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress R7f`ilf' C_700 Rtandard t;rnerni Conditions of the Construction Contract. payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the .purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that. title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole '' or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- ' quently discovered evidence or the results of subsequent EJCDC C-700 Standard General Conditions of the Construction Contract. inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.S.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld .shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and. equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and cleaz of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, .and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial EJCDC C-700 Standard General Conditions of the Construction Contract. Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.OS Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed pazt of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such pazt of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer .shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that pazt of the Work to be .substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that pazt of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or sepazate operation of part of the Work may occur prior to compliance with the requirements of Pazagraph 5.10 regazding property insurance. that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed al] corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an: affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 14.06 Finallnspection 1. If, on the basis of Engineer's observation of A. Upon written notice from Contractor that the the Work during construction and final inspection, and entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for Payment Engineer will promptly make a final inspection with and accompanying documentation as required by the Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work writing of all particulars in which this inspection reveals has been completed and Contractor's other obligations EJCDC C-700 Standard Gencral Conditions of the Construction Contract. r~ under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend frnal payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and ,will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the. Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to • Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Pazagraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, • or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Pazagraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregazd of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the .authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, .after giving Contractor (and surety) seven. days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and EJCDC C-700 Standard General Conditions of the Construction Contract. expedient. complete the Work as Owner may deem C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph S.O1.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and termination. reasonable expenses directly attributable to B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss aiising out of or resulting from such termination. C 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 -DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be );JCDC C-700 Standard General-Conditions of the Construction Contract. governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request far mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.O5.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.O5.C.3 or 10.O5.D shall become final and binding 30 days after termination of the mediation unless, within that time period, -Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 -MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto. are in addition to, and aze not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the ConuactDocuments in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guazantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings aze inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-7Q0 Standard Gencra] Conditions of the Construction Contract. i i i i i i SUPPLEMENTAL GENERAL CONDITIONS TABLE OF CONTENTS 1.0 General 2.0 Defined Terms (GC-1) 3.0 Contract Bonds, Workmen's Compensation and Insurance (GC-5) 4.0 "Or Equal" Equipment (GC-6.05) 5.0 Subcontractors and Suppliers (GC-6.06) 6.0 Separate Contractor Claims (GC-6.20.A) 7.0 Engineer's Status During Performance of the Work (GC-9) 8.0 Correction Period (GC-13.07) 9.0 Unit Price Work (GC-11.03) 10.0 Application for Progress Payment (GC-14.02) 11.0 Lien Waivers (GC-14.02) 12.0 State of MN Withholding Requirements (GC-14.07.A2) 13.0 Arbitration (GC-16) 14.0 Failure to Complete Work on Time 1 SUPPLEMENTAL GENERAL CONDITIONS 1.0 GENERAL These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC No. 1910-8, 1996 edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect.. The reference in parenthesis for each item in these Supplementary Conditions corresponds to the relevant section of the General Conditions which is modified by the Supplementary Conditions. 2.0 DEFINED TERMS (GC-1) The terms used in these Supplementary Conditions which are defined in the Standard Conditions of the Construction Contract (No. 1910- 8, 1996 edition) have the meanings assigned to them in the General Conditions. Completion Date(s): Shall be the date(s) stated in the Special Provisions for the completion of the work. 3.0 CONTRACT BONDS, WORKMEN'S COMPENSATION & INSURANCE (GC-5) A. Contract Bond (GC-5.01) Prior to signing the contract, the Contractor shall furnish a performance bond and a labor and material payment bond to the Owner and the local municipality for the full amount of the contract, based on the lump sum bid on the ,anticipated quantities and unit prices as determined by the Engineer. This. bond shall have a maintenance guarantee for a period of two (2) years from final completion and acceptance of the work. B. Liability Insurance (GC-5.04) The Contractor shall, as provided in the General Conditions, obtain insurance acceptable to the Owner in a company or companies acceptable to the Owner and shall furnish copies of all certificates of insurance to the Owner at the time he executes the Contract. The Contractor shall not commence work nor shall he allow his employees or subcontractors or anyone to commence work until 2 all required insurance has been obtained and certificates of ' insurance submitted to the Owner. The Contractor shall take out and maintain at all times during the entire period of performance and until the work is ' accepted by the Owner under this contract the required policies of insurance. 1 The limits of liability for the insurance required by paragraph 5.3 of the General Conditions shall provide ' coverage for not less than the amounts stated in the purchase order terms and conditions or greater where. required by laws • and regulations. ' ' (1) Worker s Compensation, etc., under paragraphs 5.04.A1 and 5.04A2 of the General Conditions: ' -State: Statutory -Applicable Federal ' (e.g. Longshoreman's): Statutory -Employer's Liability $100,000 ' (2) Comprehensive General Liability under paragraphs 5.04.A3 through 5.04.A5 of the General Conditions; ' -Bodily Injury (including completed operations and products' liability): $250,000 Each Occurrence ' $500,000 Annual Aggregate -Property Damage: ' $250,000 $500,000 ~'~ Each Occurrence Annual Aggregate or combining single limit of $1,000,000 -Property Damage Liability insurance will provide explosion, collapse and underground coverages where applicable. -Personal Injury, with employment. exclusion deleted: $500,000 Annual Aggregate (3) Comprehensive Automobile Liability under paragraphs 5.04.A6 of the General Conditions: -Bodily Injury: $250,000 i Each Person 3 $500,000 Each Occurrence -Property Damage: ' $250,000 Each Occurrence or combined single limit of $1,000,000 ' C.' Contractual Liability Insurance (GC-5.04B) The Contractual Liability required by paragraph 5.4 of-the 1 General Conditions shall provide coverage for not less than the following amounts: -Bodily Injury: $500,000 Each Occurrence -Property Damage: $250,000 $500,000 Each Occurrence Annual Aggregate D. Owner's Liability Insurance (GC-5.05) The Owner and Meyer-Rohlin, Inc. shall be named and listed as additional insured on the Contractor's general liability policy. The inclusion of more than one named insured shall not operate or impair the rights of one insured against another insured, and the coverages afforded. shall apply as though separate policies has been issued to each insured. E. "All-Risk" Property Insurance (GC-5.06.A2) Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: "Contractor shall purchase and maintain until final payment property insurance upon the work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by laws and regulations). This insurance shall include the interests of Owner, Contractor, Subcontractors, Engineer and Engineer's consultants in the work (all of whom shall be listed as insured or additional insured parties),. shall insure against the perils of fire and extended coverage, shall include "all-risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in these Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including by not limited to fees and charges of engineers, architects, attorneys and 4 il~ LJ other professionals). If not covered under the "all-risk" ' insurance or otherwise provided in these Supplementary, Conditions, Contractor shall purchase and maintain similar property insurance on portions of the work stored on and off the site or in transit when such portions of the work are to be included in an application for payment. The policies of insurance required to be purchased and maintained by ' Contractor in accordance with this paragraph 5.6 shall comply with the requirements of GC-5.8". ' F. Boiler and Machinery Insurance GC-5.06.B) Delete paragraph 5.7 of the General Conditions in its entirety and insert the following in its place: "Contractor shall purchase and maintain such boiler and. machinery insurance or additional property insurance as may ' be required by the Supplementary Conditions or :Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, Engineer and Engineer's ' consultants in the work, all of whom shall be listed as insured or additional insured parties. All responsibility for the safety of the work involving any steam boiler or any machinery, including the steam boiler and machinery itself, shall remain with the Contractor on that part of the work, and shall so remain until after testing of the equipment has ' shown it to be acceptable to the Owner's boiler and machinery insurer, if any, and after such work has been accepted in writing by the Owner." ' G. Receipt and Application of Property Insurance Proceeds (GC- 5.08) ' If Contractor is required to purchase property insurance, then any insured loss will be adjusted with Contractor and payable to Contractor. ' H. Certificates of Insurance Certificates and endorsements of all required insurance policies thereof shall be submitted prior to commencing the work. Proof of insurance shall be submitted directly to the Owner for review and approval with a record copy only to the ' Engineer for this files. The Contractor shall not begin any work until the Owner has reviewed and approved the Insurance Certificate. If the Insurance Agent executing the Insurance Certificate indicates that there are special limitations on the insurance policy, then a copy of policy exclusions must be submitted with the Insurance Certificate. Insurance 1 5 policies need not be submitted unless specifically requested by the Owner. 4.0 "OR EQUAL" EQUIPMENT (GC-6.05) Major items or mechanical equipment, electrical equipment, and process equipment have been specified by name followed by the words "or equal". In all cases the dimensions shown on the plans are based on the named equipment. It shall be fully acknowledged and understood that the furnishing and installing of any "or equal" equipment shall include the preparation and submission of all details, shop and .construction drawings showing all modifications necessary to accommodate such equipment. It shall be further acknowledged and understood that if any "or equal" is bid, the bid shall include all costs necessary to make any and all architectural, structural, mechanical and electrical changes required to incorporate such equipment into the project. No extras will be allowed after the award of the Contract for any modifications required to install or properly operate "or equal" equipment. All "or equal" equipment shall conform to the requirements of the respective parts and sections of the plans and specifications. Guarantees shall also conform to the Contract Documents. The Contractor shall pay for all redesign costs associated with the retrofitting required for the installation and. use of "or equal" equipment. The Contractor shall acquire the approval of "or equal" equipment before installation, if installation includes the incorporation of "or equal" equipment. 5.0 SUBCONTRACTORS AND SUPPLIERS (GC-6.06) -- Refer to the Instructions to Bidders and the Special Provisions for any further requirements regarding subcontractor and supplier approval. 6.0 SEPARATE CONTRACTOR CLAIMS (New Section GC-6.20.A) Should Contractor cause damage to the work or property of any separate contractor at the site, or should any claim arising out of Contractor's performance of the work at the site be made by any 6 ~~ L~! Ci C! separate contractor against Contractor, Owner, Engineer, the Construction Coordinator or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. Contractor shall, to the fullest extent permitted by laws and regulations, indemnify and hold Owner, Engineer and the Construction Coordinator harmless from and against- all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against Owner, Engineer or the. Construction Coordinator. to the extent based on a claim arising out of Contractor's performance of the work. Should a separate contractor cause damage to the work or property of Contractor or should the performance of work by any separate contractor at the site give rise to any other claim, Contractor shall not institute any action, legal or equitable, against Owner, Engineer or the Construction Coordinator or permit any action against any of them to be maintained and continued in .its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from Owner, Engineer or the Construction Coordinator on account of any such damage or claim. If Contractor is delayed at any time in performing or furnishing work by any act or neglect of a separate contractor and Owner and Contractor are unable to agree as to the extent of any adjustment in contract time attributable thereto, Contractor may make a claim for an extension of time in accordance with Article 12 of the General Conditions. An extension of the contract time shall be Contractor's exclusive remedy with respect to Owner, Engineer and Construction Coordinator for any delay, disruption, interference or hindrance caused by any separate contractor. This paragraph does not prevent recovery from Owner, Engineer or Construction Coordinator fo.r activities that are their respective responsibilities. 7.0 ENGINEER'S STATUS DURING PERFORMANCE OF THE WORK (GC-9) This section is a supplement to Article 9-Engineer's Status During Construction of the General Conditions. A. Owner's Consultant The Engineer, as the design professional, will be the Owner's consultant during the performance of the work. The duties and responsibilities and the limitations. of authority of the Engineer as the Owner's consultant during this period are set forth in these .Contract Documents and will not be extended 7 without written consent of the Owner and the Engineer. In the event of an extension of the Engineer's duties and responsibilities, the Contractor will be provided with written notice of such amendment. B. Role as Interpreter The Engineer will be the initial interpreter of the terms and conditions of the Contract Documents and the judge of the performance thereunder. All matters relating to the execution and progress of the work, or the interpretation of or performance under the Contract Documents, shall be referred initially to the Engineer for decision which will be rendered promptly. The Engineer will issue such written interpretation of the Contract Documents (in the form of drawings or otherwise)- as - - he may determine necessary which will be consistent with or reasonably inferable from the overall intent of the Contract Documents. C. Communications with Contractor All communications with the Contractor performance of the work will normally Engineer. pertaining to be issued through the• ' D. Resident Project Inspector The Resident Project Inspector will be either the Engineer or the Engineer's agent, as so designated. The Resident Project Inspector is responsible for assisting the Project Engineer in determining, in general, if the work is completed in accordance with the plans and specifications and Contract Documents. Communications pertaining to compliance submittals, written interpretations, and amendments shall be directed to the Engineer at his home office with copies to the Resident Project Inspector. Communications pertaining to day-to-day operations at the site shall be directed to the Resident Project Inspector. E. Authority to Disapprove or Reject Defective Work All equipment and materials used and all work done with at all times will be subject to the inspection, tests, and approval of the Engineer or his authorized representatives. 8 The Engineer has the authority to disapprove or reject any work which is "defective". He also has the authority to require special inspection or testing of the work. The Engineer has the authority to disapprove or reject any defective workmanship, equipment or materials. If the work is defective or the Contractor fails to supply sufficient skilled workmen or suitable equipment or materials, the Engineer may order the Contractor to stop the ' work or any portion thereof until the cause for such order has been eliminated; however, this right of the Engineer to stop the work will not give rise to any duty on the part of the Engineer to exercise this right for the benefit of the Contractor or any other party. F. Limitations on Engineer's Responsibilities .This article states the limitations on the Engineer's responsibility as between the Engineer and the Contractor. ' Neither Engineer's authority to act under these Contract Documents nor any decision made by him in good faith either ' to exercise or not exercise such authority will give rise to any duty or responsibility of the Engineer to the Contractor, any Subcontractor, supplier or manufacturer, any of their ' agents or employees, or any other person performing any of the work. The Engineer is not responsible for construction, safety precautions, and programs incidental thereto. Neither is he responsible for the Contractor's failure to perform the work ' in accordance with the Contract Documents. The Engineer is not responsible for the acts or omissions of any Contractor or any Subcontractor, Contractor's supplier or manufacturer, or any of his or their agents or employees. ' The presence or absence of the Engineer or his representative will not relieve the Contractor of any responsibility or of any guarantee of his performance. Neither will observation ' by the Engineer or his representative in any way be understood to relieve the Contractor of any responsibility for proper supervision of the work at all times. ' The review and acce tance of the Contractor's com liance p p ' submittals by the Engineer will be understood to be only for conformance with the design concept, for compliance with the 9 intent of the Contract Documents, and to assist the Contractor in interpreting the Contract Documents, so as to preclude delivery of the equipment or materials not acceptable for the work. The Engineer's acceptance of compliance submittals will not place upon him any responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has in writing called the Engineer's attention to such deviation at the time of the submission and the Engineer has given written concurrence on the specific deviation. Such deviations will be included in a contract amendment. G. Engineer's Pay Estimates Any Engineer's pay estimate will constitute a representation by the Engineer to the Owner that work has progressed to the extent indicated. To the best of his knowledge, the quality of the work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount shown in the Engineer's pay estimate. Rendering the Engineer's pay estimate is not an approval of the quality or quantity of the work, the means or methods of construction, or the monetary methods used by the Contractor. The Engineer may refuse to render an Engineer's pay estimate for the whole or any part of any payment if, in his opinion, ' it would be an incorrect representation to the Owner. 8.0 CORRECTON PERIOD (GC-13.07) The correction period identified in paragraph 13.12 of the General Conditions is hereby amended to call for a two (2) year correcton period, which shall commence. after completion and acceptance of all the work identified in the plans and specifications. All other requirements of paragraph 13.12 shall remain in effect. 9.0 UNIT PRICE WORK (GC-11.03) Add the following paragraph: "11.9.4 If the actual quantity of a unit-priced item varies more than 15% above or below the estimated quantity, an equitable adjustment in the contract price shall be negotiated upon demand of either the Owner or the Contractor. The equitable adjustment shall be based upon any increase or decrease in costs-due solely to the variation above 115% or below 85% of the estimated quantity." 10 10.0 APPLICATION FOR PROGRESS PAYMENT (GC-14.02) Change the last sentence to read as follows: "The Owner shall retain five (5%) percent of the amount of each payment until final completion and acceptance of all works covered by the Contract Documents." 11.0 LIEN WAIVERS (GC-14.02) The Contractor shall furnish partial or complete lien waivers along with each payment request. The lien waivers shall be submitted by the Contractor, all subcontractors, and all material ' suppliers on the project. No payment will be authorized unless the lien waivers are received. 12.0 STATE OF MINNESOTA WITHHOLDING REQUIREMENTS (GC-14.07.A2) The Contractor and all subcontractors shall submit State form IC- ' 134, "Withholding Affidavit for Contractors" along with the final payment request. No payment will be authorized unless the IC-134 forms are received. ' The Contractor shall also be aware of Minnesota Statute 290.9705 regarding out-of-state contractors. Forms may be obtained. from the Minnesota Department of Revenue, Business Trust Tax Division. 13.0 ARBITRATION (GC-16) Add the following paragraph: 16.6 "The Contractor will carry on the work and maintain the progress schedule during an arbitration proceedings, unless otherwise mutually agreed in writing." ' 14.O FAILURE TO COMPLETE WORK ON TIME (GC-12.04) Should the Contractor fail to complete the work on or before the original date(s) set forth for completion in paragraph 1 of the Special Provisions or on or before the corrected date as granted by extension of time for completion, the Owner may permit the Contractor to proceed, and in such case, there shall be deducted from any monies due or that may become due the Contractor, the sum of $250.00 per day for each and every calendar day, exclusive of ' Sundays and holidays, that the work shall remain uncompleted. ' 11 This sum shall be considered and treated, not as a penalty, but as the cost of field and office Engineering and Inspections and Liquidated Damages. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after date to which the time of completion may have been extended, shall in no way operate as a waiver on the part of the Owner, or as a waiver of any of his rights under the contract. Neither by the taking over of the work by the Owner nor by the termination of the contract shall the Owner forfeit the right to recover liquidated damages from the Contractor or his surety for failure to complete the contract. 12 0 u C i C' C ~. [I G SPECIAL PROVISIONS HUNTER'S PASS ESTATES TABLE OF CONTENTS Page 1 1 . Project 2. Project Schedule 3. Foreman and Preconstruction Meeting 4. Construction Staking and Inspections 5. Utilities 6. Contractor-Engineer-Inspector Relationship 7. Subcontractors 8. Incidental Items 9. Responsibility PAGE 2 10. Starting Time 11. Compaction 12. Testing 13. Subsurface Exploration 14. Specifications which Apply 15. Standard Plates 16. Construction Limits PAGE 3 17. Permit Requirements 18. Lien Waivers 19. Test Rolling 20. Clearing and Grubbing 21. Silt Fence 22. Erosion Control 23. Soil Correction 24. Wood Fiber Blanket 25. Final Surface Leveling and Grading Tolerance PAGE 4 26. Demolition of Existing Structures 27. Common Excavation 28. Wetland and Wetland Buffer Seeding 29. Pond Outlet Structures 30. Future Sidewalks and Trails ~, SPECIAL PROVISIONS PROJECT NO. 04115 1. PRA -T The Project consists of the site grading and installation of erosion control measures in Albertville, Minnesota. 2. PROJECT SCHEDULE The Project schedule is as follows: ' June 1, 2005 July 16, 2005 Work may begin Complete grading July 23, 2005 Complete permanent erosion control ' 3. FOREMAN AND PRECONSTRUCTION MEETING Before work is initiated, apre-construction meeting shall be held between the Engineer, Contractor, Utility Companies and other involved parties, if any. The Contractor will .present to the Engin .r an timat d s h .dule for completion of various portions of the eject. The Contractor shall inform the Engineer who the foreman on the project will be. The foreman shall be on the job at all times. The foreman shall be responsible for all phases of the project, including work done by the General Contractor and the subcontractor. Engineering decisions with regard to the work done by subcontractors shall go through the General Contractor and specifically the foreman for the job. r u u n 4. The Contractor shall give the Engineer at least two (2) workj~g davs notice for any grade and line stakes or inspection that he requires for proper execution of any phase of the project. The Contractor shall preserve these stakes until the work is completed. Restaking required due to Contractor negligence will be the responsibility of the Contractor. 5. UTILITIES The Contractor shall be in communication with the respective utility companies to coordinate their schedule with any utility location work that is required. 6. CONTRACTOR-ENGINEER-INSPECTOR RELATIONSHIP The Engineer will not be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety. All phases of the project shall proceed in accordance with OSHA safety requirements. The presence of the Engineer or his agents or employees on the job site shall not relinquish the Contractor of this responsibility or hold the Contractor harmless for the quality of workmanship or defects in materials. 7. SUBCONTRACTORS All subcontractors that the General will use shall be shown on the ~posal form. The Engineer will not allow any other subcontractor without explicit written permission. The General Contractor shall coordinate all work between his subs and the Engineer. The Engineer will not correspond directly with any subcontractor. Any on-site meetings that are held will be conducted only if the General Contractor's foreman is present. 8. INCIDENTAL ITEMS Any and all additional items of work or other items not included, as bid items that must be done to fully complete this project shall be incidental to the bid items as bid. 9. RESPONSIBILITY The General Contractor shall be fully responsible for all work that is performed on this project. It is the General Contractor's responsibility to see that all specifications and testing requirements are followed. n 0 10. STARTING TIME The Contractor shall not engage in or permit construction activities involving the use of any kind of electric, diesel, or gas powered machine or other power equipment, within the hours designated by Township Ordinance, with no work on Sundays or legal holidays. Hours to be determined at Pre Construction meeting. 11. COMPACTION The required compaction of all lot grading shall be 95% of the standard proctor density. The required compaction within roadways shall be 100% of the Standard Proctor Density from finished subgrade to a point three (3) feet below finished subgrade and 95% of the Standard Proctor Density from three (3) feet or greater below finished subgrade. At the time of the compaction, the moisture content of the backfill soils shall be not less than 75% or more than 115% of optimum moisture content. If moisture content greater than 125% of optimum moisture content is encountered, the Engineer shall revise the compaction requirements to meet the best interest of the Owner. it Moisture content versus dry density curves (Proctor Curves) shall be developed utilizing a minimum of six curve points. The curve points shall extend to moisture contents of at least 40%. In addition, the Zero Air Voids curve for the soil shall be developed and shown with the Proctor Curves. All areas not conforming to these requirements shall be excavated and recompacted. The Contractor shall ~p~y the engineer at the time of the pr - on tr ~ tion m ting a list of ~q~,oment that will be used for backfilling and compaction o er~ation. The Engineer reserves the right to shut down work on the project if this equipment is not utilized during such backfilling and compaction operations. A maximum 12" lift shall be used. Smaller lifts may be required to obtain the specified density. 12. TESTING The Owner/Developer shall contract with an independent testing firm of his choosing for all soil testing and soil observation. Certification is to be made by the testing laboratory to the Owner, that all excavations and embankments of each building pad and street comply with the Project specifications. The certification shall be forwarded to the Owner prior to final payment. The Contractor shall be responsible for coordinating his schedule with the testing firm and all test results shall be documented with respect to plan stationing, depth and location. Sopies of all tests shall be given to the enaineer at a minimum of once every week. 13. SUgSLIRFACE EXPLORATION Recent soil borings have been taken on this project. Soil boring logs are attached to these specifications. The Contractor shall therefore conduct a thorough subsurface exploration to determine the site's condition. 14. SP .IFI .ATIONS WHI .H APP Y The Minnesota Department of Transportation "Standard Specifications for Construction", 2000 Edition, together with all supplements thereto, shall govern except as superseded by the attached general Conditions or modified herein by the Special Provisions and attached specifications. 15. STANDARD PLATES All references to standard plates MHD shall mean the "Standard Plates" of the Minnesota Department of Transportation. All other reference to standard plates shall mean those details attached to the plans. 16. CONSTRUCTION LIMITS The Contractor shall confine his activities to the right-of-way or designated .construction area. Equipment and material storage or deposition of excavated materials on private property must be approved in writing by the 0 0 property owners, a ~o_p~( of which shall be preGented to the Engineer prior to ~ h storage or de osp ition. Failure to do so will result in immediate suspension of work until such approval has been obtained or materials removed, and area restored to its previous condition or better. 17. PERMIT REOLIIREMENTS Permit applications have been submitted to the Minnesota Pollution Control Agency. The Contractor will be required to comply with all the requirements that this agency may have. 18. 1 IEN WAIVERS The Contractor shall furnish partial or complete lien waivers along with each payment request. The lien waivers shall be submitted by the Contractor, all subcontractors, and all material suppliers on the project. No Ryment will be authorized unless the lien waivers are received 19. TEST ROLLING The Contractor shall be required to test roll the subgrade in accordance to MnDOT Specification 2111. The subgrade shall pass the test rolling prior to acceptance of the project. ' 20. CI ARIN ~ AND ~R 1BBING The clearing and grubbing item for this Project shall be for the clear and grub work that is indicated on sheet 2 of the plan set. This item shall include the removal of trees, roots, stumps, vegetation, fencing, culverts, and all miscellaneous debris found within the designated construction limits and designated clearing and grubbing limits. The Contractor shall be responsible for disposal of all clear and grub material off of the Project site. 21. I T F N E The Contractor shall install erosion control silt fence as shown on the plans prior to any construction with the area unless noted on the plans. Silt fence installation shall conform to the Best Management Practices for Minnesota, Section 6.3. The Contractor throughout all construction phases shall maintain erosion control fence. Silt fence shall be inspected immediately after a rainfall event that creates runoff and daily during prolonged rainfall. Any damage to the fencing shall be repaired immediately. 22. EROSION CONTROL Bid items for bale checks and wood fiber blanket have been added on an "as needed" basis. Due to the nature of the soil there is a potential for continued erosion control depending on the development of grass cover. 23. SOI ORR .TION A bid item for soil correction has been added on an "as-needed" basis. It shall be the contractor's responsibility to notify the soil tester and design engineer of each correction. Each correction shall be inspected by the soil tester and dimensions of each correction shall be documented. It shall be responsibility of the contractor to document all corrections. 24. WOOD FIBER BLANKET Installation of wood fiber blanket shall include all grade preparation and seeding of the area prior to installation of the blanket. 25. FINA S IRFA . V IN ~ AND TO RAN . The entire grading surface area shall be finished to the required grade elevations, except for hold-downs as noted on the plan. The entire area shall be smoothed and graded so as not to impound water, free from all ruts and depressions. The Contractor is responsible for the even mating and matching of all grades. Drainage swales or ditches are to be graded to drain depression areas in future construction zones. The variations in grade from that shown on the plans shall be not more than 0.1 foot. i~ ~~ ~I J i! ICJ C ~~ 26. nFMOLITION OF EXISTING STRUCTURES The demolition of the existing structures shall be lump sum and shall be under the Building & Structure Demolition bid item on the proposal form. Work shall include all labor, equipment, and materials necessary to demolish the existing buildings and foundations on the existing farmstead. This shall include, but not be limited to, demolition of buildings, removal of debris, disposal of debris, abandonment of wells and septic systems, and all fees and permits necessary for completion of this work. All well and septic system demolition shall be completed in accordance to all local, state, and federal guidelines. The easternmost home structure (the newer one) will be moved by the developer. The bid item shall reflect the removal and disposal of the foundation of this home site. 27. COMMON EXCAVATION The amount of common excavation is a lump sum quantity. This quantity is based upon the absolute difference between the proposed hold down/road subgrade and original contours as shown on the plan. Topsoil stripping up to a depth of 18 inches shall be incidental to this lump sum amount. If soil correction beyond a depth of 18 inches is required, it shall be estimated with field measurements and will be compensated for based upon the unit bid price for soil correction. All grade changes made to the plan or designated by the Engineer after acceptance of the bid shall be incidental to the lump sum bid for common excavation within the amount of 2500 CY of additional earthwork, as estimated by the Engineer. Any changes resulting in the creation of more than 2500 cubic yards of earthwork shall be paid for based upon the unit bid price per cubic yard (shown as Common Excavation Contingency on the bid proposal form) and will be based upon the Engineer's estimate of the volume exceeding 2500 cubic yards. No changes will be made to the common excavation bid items or issuance of change orders for additional earthwork unless there are Engineer approved changes to the grading. 28. W T AND AND W T AND B IFF R S DIN -. An option item for the Eco-Patch is listed on the proposal form (See Attached Flyer). The Eco-Patch is being considered as a replacement for wetland seeding. The Eco-Patch decreases the time needed to grow seed and increases the durability of a newly formed wetland. The Eco-Patch is manufactured by Hild & Associates, Inc, 326 S. Glover Road, River Falls, W 154022, (715) 426-5131. Contact Jen at Hild & Associates. The Eco-Patch product will be delivered to the site by the manufacturer. It shall be the contractor's responsibility for installation. The option item shall include the price for the product and installation. Installation shall be done in accordance with the manufacture's recommendations. 29. POptD O IT T STR 1 .T IRES The five pond outlet structure bid items are for the structure, baffle, orifice, grate and anything to have to do with the structure itself besides inlet and outlet pipes. The inlet and outlet pipes have their own bid items. 30. FLIT IRE SID WA KS AND TRAILS Trails and sidewalks will be installed under a different contract. All sidewalk and trail sub-bases shall be corrected. No topsoil shall be respread in these areas. 4 I 0 EcoPatch°` VEGETATED EROSION CONTROL BLANKETS AND WETLAND PATCHES APPLICATIONS: • Shoreline stabilization • Waterway/ ditch checks • Construction sites • Wetlands/ prairies • Restorations/ landscaping • Steep slopes BENEFITS: • Rapid establishment • Eliminates costly seed & plug loss/failure • Guaranteed diversity • Habitat enhancement • Predator/wave resistant • Simple installation • 40-day product availability • Job site delivery • Custom species mix for various site requirements • Sizes available by the square yard ©2004 Hild & Associates, Inc. All rights reserved. F_coPatch is a registered trademark of Hild & Associates, Inc. Root mass six weeks into production of wetland restoration patch. SweetFlag Acorus calamus wetland restoration patch. HILD 8~ ASSOCIATES, Inc. POLACE AN ORDERT THIS PRODUCT OR Growers of Wetland & Prairie Nursery Stock Phone: 715-426-5131 Toll-free: 1-800-790-9495 326 S. Glover Rd River Falls, WI 54022 www.hildnatives.com Fax: 715-426-9887 E-mail: ghild@hildnatives.com Sedges and cover crop emerging 21 days into production. Vegetated erosion control blanket 30 days into production. MPCA Toolkit March 2004 Stormwater Pollution Prevention Plan (SWPPP) To comply with the General Stormwater Permit for Construction Activity (MN R100001) rnnc+riir_finn L1r_+ivifiv lnfnrmatinn Project Name HUNTER'S PASS ESTATES-GRADING IMPROVEMENT PROJECT Pro'ect Location ---- --~, Briefly describe where construction activity occurs. Include address if available In the southwest uadrant of 70t" Street NE and Mac Iver Ave NE City or Township State, Zip Code Albertville MN County Parcel ID # Attach list if necessary 101-500-361100 All cities where construction will occur Albertville All counties where construction will occur All townships where construction will occur Wri ht County N/A -- --- -- - Pro'ect Size number of acres to be disturbed _ 54 Acres - - - - - -- Pro'ect'T pe - _ _ _ XResidential ~! Commerci~~l ln~ustrial - - ~ Ro~~cl Constructi~~^ ^ Other (describe) Cumulative Impervious Surface_ _ Existin area of im ervious surface 2.0 (to the nearest uarter acre) Post construction area of impervious surface 17.5 (to the nearest quarter acre) - - - - - - - - --_- - Receivin Waters - Name of Water Body Type (ditch, pond, wetland, lake, stream, river) Appendix A s ecial water? Mud Lake Lake ^ Yes X No ^ Yes ^ No ^ Yes ^ No ^ Yes ^ No - - Dates of Construction ;' - - -- - - Construction Start Date Estimated Completion Date 6/1/05 8/1/05 wq strm 2-12 r~ MPCA Toolkit March 2004 0 I u G fl ~J 0 ~I ~I Contactlnformation Owner of'the 'Site _ _ ____ _ Business of Firm Name Federal Tax ID State "I'ax ID Minnesota Develo meat A enc Last Name First Name Title E-mail Telephone (include area Matt Froelich (Developer) code) 763 295-4146 Mailing Address City State Zip Code 201 West 7th St Monticello MN 55362 Alternate Contact Last Name First Name E-mail Telephone (include area Joe Huber code) 763 295-4146 Contractor Person who will oversee im plementation of the SWPPP _ Business of Firm Name Federal Tax ID State Tax ID Yet to be Determined Last Name First Name Title E-mail Telephone (include area code) Mailing Address City State Zip Code Alternate Contact Last Name First Name E-mail Telephone (include area code) Party Responsible#or Long Term Operation and'`Maintenance of the .Permanent Stormwater Mana ement S stem _ _ Business of Firm Name Federal Tax ID State Tax ID Minnesota Develo meat A enc Last Name First Name Title E-mail Telephone (include area Matt Froelich (Developer) code} (763 295-4146 Mailing Address City State Zip Code 201 West 7th St Monticello MN 55362 Alternate Contact Last Name First Name E-mail Telephone (include area Joe Huber code) 763 295-4146 General Construction Project''Information _ Describe the construction activity (what will be built, general timeline, etc.) Hunter's Lake Estates is a proposed Residential Planned Unit development for single family residences located on 76.6 acres of farmland in the City ofAlbertville. It involves the construction of approximately 95 single family homes with supporting infrastructure. City sewer and water will serve all homes. Describe soil types found at the project. Soil ser^ies present on the site according to the Soil Survey of Wright County, Minnesota (USDA 1968) are shown in the following table along with an estimate of their approximate percent coverage on the site. wq strm 2-12 7 7 n 0 f] 0 u _i 7 MPCA Toolkit March 2004 Soil Series Estimated % Coverage of Project Site Hayden Loam 22.7% Glencoe Loam 21.1 Dundas Loam 19.6% Cordova Loam 11.6% Marsh 25.0% General site information (IILA) _ __ _ _ Describe the location and type of all temporary and permanent erosion prevention and sediment control BMPs. Include the timing for installation and procedures used to establish additional temporary BMPs as necessary. (III.A.3.a) The temporary erosion controls will consist of silt fence at all downstream elevations and rock construction entrances to prevent tracking. These items will be installed before any site work will begin and will be inspected after each rain event and on a weekly basis. The permanent erosion control will be the immediate establishment of vegetation on all proposed green areas. Rip-rap will be installed at all overflows and pipe outlets. Attach to this SWPPP a site map that includes the following features (III.A.3.b - f): • Existing and final grades, including dividing lines and direction of flow for all pre and post- construction stormwater runoff drainage areas located within the project limits. • Locations of impervious surfaces and soil types. • Locations of areas not to be disturbed. • Location of areas of phased construction • All surface waters and existing wetlands within one-half mile from the project boundaries that will receive stormwater runoff from the site (identifiable on maps such as USGS 7.5 minute quadrangle maps or equivalent). Where surface waters receiving runoff associated with construction activity will not fit on the plan sheet, they must be identified with an arrow, indicating both direction and distance to the surface water. • Methods to be used for final stabilization of all exposed soil areas. See Hunter's Pass Estates construction plan: Hunter's Pass Estates Grading Improvement Project Were stormwater mitigation measures required as the result of an environmental, archaeological, or other required local, state, or federal review of the project? If yes, describe how these measures were addressed in the SWPPP. (IILA.S.) No special requirements. Only per NPDES/SDS, MPCA, and NURP requirements. The site will incorporate large detention ponds that will control water quality and quantity. The permanent pool volume was designed using the modified Walker method. The ponds ai°e designed to detain and discharge (at lower rates when compared to predevelopment conditions) for 2 year, 10 year, and 100 year storms. wq strm 2-12 MPCA Toolkit March 2004 Is the project located in a karst area such that additional measures would be necessary to protect drinking water supply management areas as described in Minn. R, chapters 7050 and 7060? If yes, describe the additional measures to be used. (III.A.6.) N/A Does the site discharge to an impaired water that has an approved TMDL implementation plan that contains requirements for construction stormwater discharges? (III.A.7) If yes, ', • Identify the receiving water and the areas of the site discharging to it ~I • Describe the type and locations of BMPs that are appropriate for the site and sufficient to comply with all applicable requirements of the TMDL implementation plan I N/A 'Selection of a''Permanent Stormwater.Mana ement S stem III.C _ Will the project create a new cumulative impervious surface greater than or equal to one acre? X Yes ^ No If yes, a water quality volume of'h inch of runoff from this area must be treated before leaving the site or enterin surface waters (1 inch if discharging to s ecial waters . Describe which method will be used to treat runoff from the new impervious surfaces created by the project (III.C): • Wet sedimentation basin • Infiltration/Filtration • Regional ponds • Combination of practices Include all calculations and design information for the method selected. See Part II.C of the permit for specific requirements associated with each method. Detention ponds with orifice%ulvert outlets will be utilized for thisproject. Thepermanentpool volume was designed using the modified Walker method. The ponds are designed to detain and discharge (at lower rates when compared to predevelopment conditions) for 2 year, 10 year,. and 100 year storms. The ponds are oversized to ensure quality performance for this area. Describe why it is not feasible to meet the treatment requirement for the water quality volume. This can include proximity to bedrock or road projects where the lack of right of way precludes the installation of any permanent stormwater management practices. Describe what other treatment, such as grasses swales, smaller ponds, or grit chambers, will be implemented to treat runoff prior to discharge to surface waters. (IILC) Ponds meet the required treatments for water quality If proposing an alternative method to treat runoff from the new impervious surfaces, describe how this alternative will achieve approximately 80% removal of total suspended solids on an annual average basis (III.C.S). NOTE: If proposing an alternative method, you must submit your SWPPP to MPCA at least 90 days prior to the starting date of the construction activity. N/A wq strm 2-12 7 J J I~ I~ 7 J 1 !~ 7 MPCA Toolkit March 2004 `Erosion Prevention' Practices IV.B _ Describe construction phasing, vegetative buffer strips, horizontal slope grading, and other construction practices to minimize erosion. Delineate areas not to be disturbed (e.g., with flags, stakes, signs, silt fence, etc.) before work begins. The construction phasing will go as follows: 1) Silt fence will be installed. 2) Topsoil stripping and detention pond construction shall commence (stockpiles shall be located in areas to prevent direct runoff into sensitive areas). 3) Site construction and grading to commence 4) Seeding and rip-rap to be installed. Describe temporary erosion protection or permanent cover used for exposed positive slopes within 200 lineal feet of a surface water (see section IV.B.2 for maximum time an area can remain exposed based on slope steepness). All slopes shall be seeded and mulched with straw. Seed mixture shall be #SOB and the mulch shall be Type 1, MnDOT 3882. All slopes 3:1 or steeper shall have wood fiber blanket installed in addition to the seed and mulch. The existing tree coverage will be maintained wherever possible. For drainage or diversion ditches, describe practices to stabilize the normal wetted perimeter within 200 lineal feet of the property edge or point of discharge to a surface water. None proposed Describe other erosion prevention practices (list and describe). _-- - - Sediment Control_Practices (IV.C) ' _ Describe sediment control practices used to minimize sediments from entering surface waters, including curb and gutter systems and storm drain inlets. At a minimum, these sediment control practices must include: • Sediment controls for temporary or permanent drainage ditches and sediment basins that are designed as part of a treatment system • Installation of check dams or other grade control practice to ensure sheet flow and prevent rills (for slope lengths greater than 75 feet with a grade of 3:1 or steeper). • Sediment control practices on all down gradient perimeters prior to land disturbing activities. • Storm drain inlet protection for all inlets. • Silt fencing or other sediment control surrounding temporary soil stockpiles. • Minimize vehicle tracking of sediments (e.g., stone pads, concrete or steel wash racks, or ', equivalent systems). • Street sweeping of tracked sediment. • Temporary sedimentation basins (see Part III.B). Silt-Fence, Rock Construction entrances, wood fibe~° blanket on steep slopes will be used on site. Also ,see See IV.B. wq strm 2-12 LJ MPCA Toolkit r n C 0 LI fl n 0 n March 2004 Dewaterin and Basin Drainin IV.D -- _- --- Will the project include dewaterin or basin drainin ? ^ Yes X No If yes, describe BMPs used so the discharge does not adversely affect the receiving water or downstream landowners. N/A Additional BMPs for Special Waters and Discharges to Wetlands (Appendix A, Parts. C and D Special Waters. Does your project discharge to special waters? ^ Yes X No If no, skip to Wetlands section below. If proximity to bedrock or road projects where the lack of right of way precludes the installation of any of the permanent stormwater management practices, then other treatment such as grassed swales, smaller ponds, or grit chambers is required prior to discharge to surface waters. Describe what other treatment will be provided. N/A Describe erosion and sediment controls for exposed soil areas with a continuous positive slope to a special waters, and temporary sediment basins for areas that drain 5 or more acres disturbed at one time. N/A Describe the undisturbed buffer zone to be used (not less than 100 linear feet from the special water). N/A Describe how the permanent stormwater management system will ensure that the pre and post project runoff rate and volume from the 1, and 2-year 24-hour precipitation events remains the same. N/A Describe how the permanent stormwater management system will minimize any increase in the temperature of trout stream receiving waters resulting in the 1, and 2-year 24-hour precipitation events. N/A Wetlands. Does your project discharge stormwater with the potential for significant adverse impacts to a wetland (e.g., conversion of a natural wetland to a stormwater ond)? ^ Yes X No If Yes, describe the wetland mitigation sequence that will be followed in accordance with Part D of Appendix A. All stormwater shall be treated in detention ponds before entering wetlands. wq strm 2-12 MPCA Toolkit March 2004 D. ~~ 'l 0 u ~~ ~! Inspections `.and Maintenance (IV.E) _ Describe procedures to routinely inspect the construction site: • Once every seven (7) days during active construction and, • Within 24 hours after a rainfall event greater than 0.5 inches in 24 hours. Inspections must include stabilized areas, erosion prevention and sediment control BMPs, and infiltration areas. It will also be the grading contractors responsibility to inspect and maintain all temporary erosion control measures during the grading operation. Representatives from the office of the site design engineer will also inspect and enforce inspections. Finally, representatives from the City of Albertville will also observe and require inspections. Pollution Prevention Mana ement Measures IV.F Describe practices to properly manage and dispose of solid waste, including trash (IV.F.l) All onsite trash produced during construction will be discarded in appropriate containers. Described practices to properly manage hazardous materials (IV.F.2). None expected, except for fuel. Fueling areas will be located in high regions of the site, furthest away from the downstream elevations of the site. Describe practices for external washing of trucks and other construction vehicles (IV.F.3) No washing of vehicles expected on site. Describe your spill prevention plan. Any spills such as fuels will be confined to the immediate area by emergency berming. Describe measures to address sanitary and septic waste. N/A Final Stabilization IV.G Describe how you will achieve final stabilization of the site (IV.G). Submit a NOT within 30 days after final stabilization. Final stabilization will commence within 72 hours after^ grading operations. See mix MnDOT SOB and mulching per MnDOT standards will be utilized. Erosion control silt fence will remain until 70% of the seeded area has established. Reseeding of bare areas shall be conducted as needed to ensure vegetative coverage. ' wq strm 2-12 u MPCA Toolkit [l 0 u u ri 0 CI ~~ March 2004 Records'Retention,(IILD) _ _ _~ Describe your record retention procedures (must be kept at the site) (III.D). Records must include: • Copy of SWPPP and any changes • Inspection and maintenance records • Permanent operation and maintenance agreements • Calculations for the design of temporary and permanent stormwater management systems. The above records shall be kept onsite in the main construction trailer. Inspection records from the design engineer shall be kept at the office of the design engineer. These records will be made available to all who are interested. ' wq strm 2-12 ®'SM INTERTEHC~ LOG OF BORING Braun Project AL-OS-00769A BORING: ST-1 GEOTECHNICAL EVALUATION Hunters Pass LOCATION: See attached sketch. 70th Street Albertville, Minnesota DRILLER: D. Ruchti METHOD: 3 1/4" HSA Arrtohammer DATE: 3/11/05 SCALE: 1" = 4' Elev. Depth feet ,feet ASTM Description of Materials BPF WL qp p200 Tests or Notes 956.4 0.0 Symbol (ASTM D2488 or D2487) tsf 955.6 0.8 CL SANDY LEAN CLAY, dark brown, frozen. Benchmark: The CL To soil soil borings were LEAN CLAY with SAND, brown, frozen to wet, rather staked and the soft to stiff: elevations measured (Glacial Till) 5 3/4 by Meyer-Rohlin, Inc. 16 11 11 945.4 11.0 SM ~:~ SILTY SAND,'fine- to medium-grained, with a little :: Gravel, brown, moist, medium dense to dense. (Glacial Outwash) 31 41 48 MC = 14% 24 935.9 20.5 END OF BORING. Water not observed with 19 feet of hollow-stem auger in the ground. Water not observed to cave-in depth of 11 feet • immediately after withdrawing the auger. Boring immediately backfilled. F u Q v ~~ ~u~ ~ .~„~~ «~ ~„~ N~~ a~~~~~ ai-i page i or i toy ~®'®SM I ~TE RTEC LOG OF BORING Braun Project AL-OS-00769A BORING: ST-2 GEOTECHNICAL EVALUATION Hunters Pass LOCATION: See attached sketch. 70th Street Albertville, Minnesota DRILLER: D. Ruchti METHOD: 3 1/4" HSA Autohammer DATE: 3/11/05 SCALE: 1" = 4' Elev. Depth ' feet feet ASTM ~ Description of Materials BPF WL clp Tests or Notes 954.4 0.0 Symbol (ASTM D2488 or D2487) tsf CL LEAN CLAY, dark brown, frozen. (Topsoil) 952.8 1.6 CL SANDY LEAN CLAY, light brown, frozen to wet, medium to stiff: 6 1 (Glacial Till) 8 1 1/4 16 12 9 1 3/4 11 10 933.9 20.5 END OF BORING. Water not observed with 19 feet ofhollow-stem auger in the ground. Water not observed to cave-in depth of 13 feet immediately after withdrawing the auger. . Boring immediately backfilled. a M C L- Q V uraun inrerrec ~orporauon ST-Z page I of I {iyM ~ p ®I 11, (y SM I NTE RTEC LOG OF BORING Braun Project AL-OS-00769A BORING: ST-3 GEOTECHNICAL EVALUATION LOCATION: See attached sketch. Hunters Pass 70th .Street Albertville, Minnesota DRILLER: D. Ruchti METHOD: 3 1/4" HSA Autohammer DATE: 3/11/05 SCALE: 1" = 4' Elev. Depth feet feet ASTM Description of Materials BPF WL qp Tests or Notes 956.4 0.0 Symbol (ASTM D2488 or D2487) tsf CL LEAN CLAY, black, frozen. 955.4 1.0 To soil CL LEAN CLAY with SAND, brown, frozen to wet, medium to rather stiff: (Glacial Till) 6 1 MC = 22% DD = 99 !b/ft3 11 1 1/2 12 10 9 11 , 8 935.9 .20.5 END OF BORING. Water not observed with 19 feet of hollow-stem auger in the ground. Water not observed to cave-in depth of 12 feet immediately after withdrawing the auger. Boring immediately backfilled, a; Drum m~enec i,°rporarton i -s page i or i r 91®~ gf~MSM I NTE RTEC LOG OF BORING Braun Project AL-OS-00769A BORING: ST-4 GEOTECHNICAL EVALUATION LOCATION: See attached sketch. Hunters Pass 70th Street Albertville, Minnesota - DRILLER: D. Ruchti METHOD: 3 1/4" HSA Autohatntner DATE: 3/11/05 SCALE: 1" = 4' Elev. Depth feet feet ASTM Description of Materials BPF WL qp Tests or Notes 960.4 0.0 Symbol (ASTM D2488 or D2487) tsf CL LEAN CLAY, dark brown, frozen. 959.4 1.0 To soil CL LEAN CLAY with SAND, with Poorly Graded Sand seams, brown, frozen to wet. (Glacial Till) 6 1 MC = 24% 6 1 9 1 1/2 12 Gray at 12 feet. 8 1 1/4 5 1 1/4 10 939.9 20.5 END OF BORING. Water not observed with 19 feet of hollow-stem auger in the ground. Water not observed to cave-in depth of 12 1/2 feet immediately after withdrawing the auger. Boring immediately backfilled. .} F .F c v a v ~~-u~-uuioyH tsrawi tntertec t;orporanon Sl-4 page 1 of I r r i ®p Mp SM I NTE RTEC LOG OF BORING Braun Project AL-OS-00769A BORING: ST-5 GEOTECHNICAL EVALUATION LOCATION: See attached sketch. Hunters Pass 70th Street Albertville, Minnesota DRILLER: D. Ruchti METHOD: 3 1/4" HSA Autohammer DATE: 3/10/05 SCALE: 1" = 4' , Elev. Depth feet feet ASTM Description of Materials BPF WL qp Tests or Notes 955.9 0.0 Symbol (ASTM D2488 or D2487) tsf CL LEAN CLAY, black, frozen. 954.8 1.1 To soil CL SANDY LEAN CLAY, with a trace of Gravel, with lenses of Poorly Graded Sand, brown, frozen to wet, medium to very stiff.. _ 12 1 3/4 (Glacial Till) 11 • ,11 _ 8 MC.= 20% _ DD = 103 lb/ft3 12 11 ~ _ An open triangle in the water level (WL) column indicates the depth at which groundwater was observed while drilling. A solid triangle indicates • 29 the stable groundwater 935.4 20.5 With Poorl Graded Sand seams at 20 feet. level in the boring on the END OF BORING date indicated. , Groundwater levels Water observed at 16 feet with 19 feet of hollow-stem fluctuate. auger in the ground. Water not observed to cave-in depth of 6 feet immediately after withdrawing the auger. Boring immediately backfilled. a c G a v AL-OS-00769A Braun lntertec C:orporatlon 51-5 page I of I SM INTERTEC LOG OF BORING Braun Project AL-OS-00769A BORING: ST-6 GEOTECHNICAL EVALUATION Hunters Pass LOCATION: See attached sketch. 70th Street Albertville, Minnesota DRILLER: D. Ruchti METHOD: 3 I/4" HSA Autohainmer DATE: 3/10/05 SCALE: 1" = 4' Elev. Depth feet feet ASTM. Description of Materials BPF WL qp Tests or Notes 968.6 0.0 Symbol (ASTM D2488 or D2487) tsf 968.3 0.3 CL LEAN CLAY, dark brown, frozen. CL To -soil LEAN CLAY with SAND, light brown, frozen to wet, medium. (Glacial Till) 7 1 1/2 964.6 4.0 CL SANDY LEAN CLAY, with a trace of Gravel, brown, wet, medium to rather stiff: 8 ~MC = 19% (Glacial Till) 7 1 1/2 7 10 9 ~ 12 948.1 20.5 END OF BORING. Water not observed with 19 feet of hollow-stem auger in the ground. Water not observed to cave-in depth of 7 feet immediately after withdrawing the auger, Boring immediately backfilled. r~L-u~-uvioyr~ rsraun in~ertec corporanon s t -a page i or. i f 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ~' y` IS ® SM INTERTEC LOG OF BORING Braun Project AL-OS-00769A BORING: ST-7 GEOTECHNICAL EVALUATION LOCATION: See attached sketch. Hunters Pass 70th Street Albertville, Minnesota DRILLER: D. Ruchti METHOD; 3 1/4" HSA Autohammer . DATE: 3/10/05 SCALE: 1" = 4' Elev, Depth feet feet ASTM Description of Materials BPF WL , qp p200 Tests or Notes 960.1 0.0 Symbol (ASTM D2488 or D2487) tsf CL SANDY LEAN CLAY, dark brown, frozen. 959.1 1.0 To soil CL SANDY LEAN CLAY, brown, frozen to wet, soft. - (Glacial Till) 4 1/2 4 1/2 MC =19% 3 1/4 3 1/4 949.1 11.0 SM ~:: ~ SILTY SAND, fine- to medium-grained, brown, moist, medium dense. (Glacial Outwash) 11 26 MC = 19% 946.6 13.5' CL LEAN CLAY, brown,. moist, rather stiff to very stiff. (Glacial Till) 11 21 939.6 20.5 END OF BORING. Water not observed with 19 feet of hollow-stem auger in the ground. Water not observed to cave-in depth of 7 1/2 feet immediately after withdrawing the auger. Boring immediately backfilled. a a v AL-VJ-UU 76YA . tSTaUfI 1nCerteC C;°!p°laClOn ~t-i page I of I f~escri tive .Term' Re°.1°,D4 p ~no/og-y r a Standard D 2487 - 00 ~u1~ Classification of Soils for Engineering Purposes /NTERNAT/ON4L (Unified Soil Classification System) Criteria for Assigning Group Symbols and Soils Classification Group Names Using Laboratory Tests a Group - Symbol Group Name n o Gravels M th 50% f Clean Gravels C° Z 4 and 1 < C < 3 ° GW Well raded ravel a g ,o ~ ~ c ore an o coarse fraction Less than 5% fines ° C°<4 and/or 1 > C >3 ° ° GP Poorl raded ravel° Y 9 9 ~ a ~ ~ retained on .Gravels with Fines Fines classify as ML or MH GM Silt ravel °fa C \ N •~ ° o No. 4 sieve More than 12% fines ° Fines classif as CL or CH Y GC g dte Cla a ravel m ~ N m Sands Clean Sands C° >_ 6 and 1 < C < 3 c SW Well-graded sand n = z m -- 50% or more of coarse fraction Less than 5% fines 1 C° < 6 and/or 1 > C > 3 ° c SP n Poorly graded sand ci o passes Sands with Fines Fines classify as ML or MH SM Silty sand r9 n E No. 4 sieve More than 12% i Fines classify as CL or CH SC Cla a sand's n = Silt d Cl Inor anic g PI > 7 and plots on or above "A"line 1 CL Lean cla k I m m ~ ~ ~ d s an ays Liquid limit pl < 4 or plots below "A" liner ML Silt k t m ~ y 'm v m .y less than 50 Organic liquid limit -oven dried < 0.75 OL Organic clay k t m " c ~ o Li uid limit -not dried OL Organic silt k i m ° ~~ `o c°.i E Silts and cla s Inorganic PI plots on or above "A"line CH Fat cla k ~ m d y PI l t b l "A"li ~ o z Liquid limit p o s e ow ne MH k i m Elastic silt LL 0 50 or more Organic Liquid limit -oven dried < p 75 OH Organic clay k i m a /n Li uid limit -not dried OH Organic silt k ~ '" a Highly Organic Soils Primarily organic matter, dark in color and organic odor PT Peat a. Based on the material passing the 3-in (75mm) slave. b. If field sample contained cobbles or boulders, or both, add "with cobbles or boulders or both" to group name. c. Cu Deof Dto C°- tDao)2 D10xD~ d. If soil contains 215 % sand, add "with sand" to group name. e. Gravels witih 5 to 12 % lines require dual symbols: GW-GM well-graded gravel with silt GW-GC well-graded gravel with clay GP-GM poorly graded gravel with silt GP-GC poorly graded gravel with clay f. If fines classify as CL-ML, use dual symbol GC-GM or SC-SM. g. If fines are organic, add "with organic lines" to group name. h. If soil contains Z15 % gravel, add °with gravel" to group name. I. Sands with 5 to 12% lines require dual symbols: SVJ-SM well-graded sand with silt SW-SC well-graded sand with clay SP-SM poorly graded sand with silt SP-SC poorly graded sand with clay j. If Atterberg limits plot in hatched area, soil is a CL-ML, silty clay. k. If soil contains 15 to 29 % plus No. 200, add "with sand" or "with gravel" whichever is predominant. L If soil contains 2 30 % plus No. 200, predominantly sand, add "sandy" to group name. m. If soil contains Z 30% plus No. 20D predominantly gravel, add "gravelly" to group name, n. PI Z 4 and plots on or above "A" Ilne. o. PI < 4 or plots below "A;' line. p. PI plots on or above "A" line. q. Pf plots below "A" line. 60 50 ~- ao ,D 30 c •v 20 m a 10 7 4 0 ~i i ~` " i ~ ~ ~ ~t G i i ~ ~ ~ ~ t ~ ~ G~' MH rOH ~ - i c .~ ML MH or OH u 10 16 20 30 40 50 60 70 80 90 100 110 Liquid Limit (LL) - Laboratory Tests DD Dry density, pcf OC Organic content, WD Wet density, pcf S Percent of saturation, MC Natural moisture content, % SG Specific gravity LL Liqiuid limit, % C Cohesion, psf PL Plastic limit, °J Q~ Angle of internal friction PI Plasticity index, % qu Unconfined compressive strength, psf P2000 % passing 200 sieve qp Pocket penetrometer strength, tsf Particle Size identification Boulders .........................:..:. over 12" Cobbles ... ............................ 3" to 12" Gravel Coarse ...........................: 3/4" to 3" Fine ..... ............................ No. 4 to 3/4" Sand Coarse ............................ No. 4 to No. 10 Medium ........................... No. 10 to No. 40 Fine ..... ............................ No. 40 to No. 200 Silt ........... ............................ <No. 20D, PI<4 or below "A" line Clay ......... ............................ < No. 200, PI ~ 4 and on or above "A"line Relative Density of Cohesionless Soils Very loose ................................. 0 to 4 BPF Loose....... ....: ............................5 to 10 BPF Medium de nse ..........................11 to 30 BPF Dense ....... .........:..............:.......31 to 50 BPF Very dense .........:.....................: over 50 BPF Consistency of Cohesive Soils Very soft .................................... 0 to 1 BPF Soft ........................................ 2 to 3 BPF Rather soft ................................ 4 to 5 BPF Medium ..................................... 6 to 8 BPF Rather stiff ..........................:..... 9 to 12 BPF Stiff .....................:.................. 13 to 16 BPF Very stiff .................................... 17 to 30 BPF Hard ........................................ over 30 BPF Drilling. Notes Standard penetration test, borings were advanced by 3D" or 6D" ID hollow-stem augers unless noted otherwise,. Jetting water was used to clean out auger prior to sampling only where indicated on logs. Standard penetration test borings are designated by the prefix "ST" (Split Tube). All samples were taken with the standard 2" OD split-tube sampler, ex- ceptwhere noted. Power auger borings were advanced by 4" or 6" diameter continuous- flight, solid-stem augers. Soil classifications and strata depths were in- ferredfrom disturbed samples angered to the surface and are, therefore, somewhat approximate. Power auger borings are designated by the prefix "B." Hand auger borings were advanced manually with a 1 "' or 3D" diam- eterauger and were limited to the depth from which the auger could be manually withdrawn. Hand auger borings are indicated by the prefix "H BPF: Numbers indicate blows perfoot recorded in standard penetration test, also known as "N"value. The sampler was set 6" into undisturbed soil below the hollow-stem auger. Driving resistances were then counted for second and third 6" increments ahd added to get BPF. Where they differed significantly, they are reported in the following form: 2/12 for the second and third 6"increments, respectively. WH: WH indicates the sampler penetrated soil under weight of hammer and rods alone; driving not required. WR: WR indicates the sampler penetrated soil under weight of rods alone; hammer weight and driving not required. ' TW indicates thin-walled (undisturbed) tube sample. Note: All tests were run in general accordance with applicable ASTM standards. ~~~~~ INTERTEC I - ~ .;- ,1--.~ - ~,_ ~~ I~ ~ -. __....:. ~~ p.. I ~°~ ;~ ~ ~ ,~ ~~1, i . ~ ..--~ ~ ~ ~ / ~, ! ~ 1 . _ . _ _~- ~ . ~~ ~ ~~, 1 I -.," ""^..~ ~ ~ f, ~ ~~ ~~ r'"'"~ _~ ~~ ,~ ~ ~ ~.,.. ,- ~ ~~~ ~ ~ --~ `~.` ~•. --1:. ~... I ~ .._ ~ ~l \~~ ~~ \l ~~~~f I - 100' 0 200' _ SCALE 1" = 200' j~~l ~~I 1 ~ ~ /r~ t9 DENOTES APPROXIMATE LOCATION OF ~ ~ 11 I l STANDARD PENETRATION TEST BORING ~~,,/j~ \. ~ / r I - Z W ~~ _~ W ~ ~ m_ U Y. ~ ~ o ~¢z ¢a~ U N O W J Z ~ ~' D: ~ w O m m Q _J O - N ~~ W ~ ~ ~ '~ N N ~"' ~ N' N ~ -M M '~ ~ O O ^ N m ~ .I p m .~ Q o II ~ J z ~ ~ m m o 0 ~ ... Z J D Q ~ ~ fn FIGURE NO. C i TABLE OF CONTENTS SECTION 2600 n 0 l STANDARD SPECIFICATIONS FOR TRENCH EXCA VATION AND BACKFILL/SURFACE RESTORATION. 2600.1 Description ...............................................................:.................................... 3 2600.2 Materials ....................................................................................................... 3 A. Granular Materials .......................................................................... ~ ............. 3 Al Granular Material Gradation Classifications ................................................ 3 A 1 Granular Material Use Designations ......................................:..............:....... 4 B Piling .....: ......................................................................................................... 4 C Insulation ................:........................................................................................ 4 D Geotextile Fabric ............................................................................................. 4 2600.3 Construction Requirements ........................................................................ 5 A General Provisions ....................:..................................................................... 5 Al Maintenance of Traffic ................................................................................. 5 A2 Establishing Line and Grade ......................................................................... 5 A3 Protection of Surface Structures ................................................................... 6 A4 Interference of Underground Structures .................................:..................... 7 AS Removal of Surface Improvements .............................................................. 8 A6 Temporary Service Measures ....................................................................... ~ B Excavation and Preparation of Trench ............................................................ 9 B 1 Operational Limitations and Requirements .................................................. 9 B2 Classification and Disposition of Materials .................................................. 9 B3 Excavation Limitations and Requirements ................................................... 10 B4 Sheeting and Bracing Excavations ................................................................ 11 BS•Preparation and Maintenance of Foundations ............................................... 12 C Non Open Cut Pipe Installation ...................:.................................................. 13 C1 JackingBoring ..........................................:................................................... 13 C2 Directional Boring ......................................................................................... 14 D Placement of Insulation .................................................................................. 15 E Pipeline Backfilling Operations .....................................:................................ 15 F Restoration of Surface Improvements ............................................................. 17 F 1 Turf Restoration ............................................................................................. 18 F2 Pavement Restoration ................................................................................... 18 F3 Restoration of Miscellaneous Items .............................................................. 19 G Maintenance and Final Cleanup .......................:..........................................:.. 19 1999 Standard Utilities Specifications Page 1 1 ' 2600 STANDARD SPECIFICATIONS FOR TRENCH EXCAVATION & BACKFILL/SURFACE RESTORATION 2600.1 DESCRIPTION ' This work shall consist of the excavation, backfilling, and restoration of existing surface improvements for the purposes of installing new and/or relocating or adjusting existing underground utilities. ' " " within this specification shall be Plans, Specifications and Special Provisions Use of the term construed to mean those documents which compliment, modify, or clarify these specifications ' and are accepted as an enforceable component of the Contract or Contract Documents. All references to Mn/DOT Specifications shall mean the latest published edition of the Minnesota Department of Transportation Standard Specifications for Construction, as modified by any Mn/DOT Supplemental Specification edition published prior to the date of advertisement for bids. All reference to other Specifications of AASHTO, ASTM, ANSI, AWWA, etc. shall mean the latest published edition available on the date of advertisement for bids. ' 2600.2 MATERIALS A Granular Materials Granular materials furnished for foundation, bedding, encasement, Backfill, or other purposes as may be specified shall consist of any natural or synthetic mineral aggregate such as sand, gravel, crushed rock, crushed stone, or slag, that shall be so graded as to meet the gradation requirements specified herein for each particular use by the material manufacturer or as indicated ' in the Plans, Specifications, or Special Provisions.. Al Granular Material Gradation Classifications ' Granular materials furnished for use in Foundation, Bedding, Encasement, or Backfill construction shall conform to the following requirements: t Foundation materials shall have 100 percent by weight passing the 1-1/2 inch sieve and a maximum of 10 percent by weight passing the No. 4 sieve. Backfill materials shall consist of existing trench materials, except as otherwise specified in this specification or in the Special Provisions. ' Bedding and encasement materials for flexible pipe, where improved pipe foundation is not required, shall meet the requirements of Mn/DOT Specification 3149.2B1, Granular Borrow, except that 100 percent by weight shall pass the one-inch sieve. n 1999 Standard Utilities Specifications Page 3 A gradation report from an approved Independent Testing laboratory of the proposed granular materials shall be furnished to the Engineer before any of the granular materials are delivered to the project. A2 Granular Material Use Designations Granular materials provided for Foundation, Bedding, Encasement, or Backfill use as required by the Plans, Specifications, and Special Provisions, either as part of the pipe item work unit or as a separate contract item, shall be classified as to use in accordance with the following: Material Use Designation Zone Designation Granular Foundation ------------- Placed below the bottom of pipe grade as replacement for unsuitable or unstable soils, to achieve better foundation support. Granular Bedding ---------------- Placed below the pipe midpoint, prior to pipe installation, to facilitate proper shaping and to achieve uniform pipe support. Granular Encasement ----------- Placed below an elevation one foot above the top of pipe, after pipe installation, for protection of the pipe and to assure proper filling of voids or thorough consolidation of backfill. Granular Backfill ----------------- Placed below the surface base course, if any, as the. second stage ofbackfill, to minimize trench settlement and provide support for surface improvements. In each case above, unless otherwise indicated, the lower limits of any particular zone shall be the top surface of the next lower course as constructed: The upper limits of each zone are established to define variable needs for material gradation and compaction or void content, taking into consideration the sequence of construction and other conditions. The material use and zone designations described above shall-only serve to fulfill the' objectives and-shall:not be construed to restrict the use of any particular material in other zones where the gradation requirements are met. B Piling Piling shall be constructed in accordance with the provisions of Mn/DOT Specification 2452 and special plan details relating to piling. C Insulation Main Insulation shall be extruded rigid board material having a thermal conductivity of 0.23 BTU/hour/square foot/degree Fahrenheit/per inch thickness, maximum, at 40aF mean, a comprehensive strength of 35 psi minimum, and water absorption of 0.25 percent by volume minimum. Unless otherwise specified in the Plans, specifications, or Special Provisions, board dimensions shall measure 8 feet long, 2 or 4 feet wide, and 1, 1-1 /2, 2, or 3 inches thick. 1999 Standard Utilities Specifications Page 4 u ii ii ~l n fl C ~!~ n 0 C D Geotextile Fabric Geotextile fabric shall meet the requirements of Mn/DOT Specification 3733 and be used as. required by the Plans, Specifications, and Special Provisions. 2600.3 CONSTRUCTION REQUIREMENTS A General Provisions Al Maintenance of Traffic Whenever work interferes with the flow of traffic along a roadway, the Contractor shall provide for traffic control and signing and public safety in accordance with the provisions of the field manual of Temporary Control Zone Layouts of the Minnesota Manual of Uniform Traffic Control Devices and Mn/DOT Specifications 1404 and 1710, and the Special Provisions. Neither road closures nor detours shall be permitted unless specified in the Special Provisions or authorized by the Engineer. Where road closures or detours are permitted by the Engineer, the Engineer shall determine the appropriate agencies, boards, or departments the Contractor must notify prior to taking the action and the proper advance notice to be provided to each body. Compliance with this: requirement shall not be construed to relieve the Contractor from the responsibility of notifying agencies or institutions whose services may be predicated upon a roadway being opened to traffic: or whose services would be hindered if a roadway is.closed to traffic. Such agencies or institutions shall,include, but not be limited to; the police department;... the fire department, municipal bus service, school bus service, and ambulance-service. The Contractor shall keep the required-agencies informed of changing traffic patterns arri detour situations. ' A2 Establishing Line and Grade The primary line and grade will be established by the Engineer. For trench installation, line and ' grade stakes will be set parallel to the proposed pipeline at an appropriate offset therefrom as will best serve the Contractor's operations wherever practical. For tunnel installation, line and grade stakes will be set directly above the proposed pipeline setting. Grade and line stakes will be set at ' 25-foot intervals along the pipeline; at each change in line or grade; and as needed for pipeline appurtenances and service lines. ' The Contractor shall arrange operations to avoid unnecessary interference with the establishment of the primary line and grade stakes; and shall render whatever assistance may be required by the Engineer in accomplishing the staking. The Contractor shall be responsible for preservation of ' the primary stakes and, if negligent in providing necessary protection, shall bear the full cost of any restaking. ' The Contractor shall be solely responsible for the correct transfer of the primary line and grade to all working points and for construction of the work to the prescribed lines and grades as established by the Engineer. Following construction of a work shaft on tunnel installations, the 1999 Standard Utilities Specifications Page 5 line and grade shall be transferred down the shaft and be projected into and throughout the length of each tunnel heading. Unless otherwise specified in the Plans, Specifications, and Special Provisions, the water main shall generally be placed with the minimum specified cover. However, a greater depth may be required to clear existing storm and sanitary sewers and sewer services, and no additional compensation shall be provided for such adjustments. In locations where sewer is in direct conflict with existing water main and water services the water main and water services shall be lowered to provide at least 18 inches of vertical distance between the top of the water main or service and the bottom of the sanitary or relocated in accordance with the Plans. Water mains crossing above storm or sanitary sewers shall be laid to provide a separation of at leastl8 inches between the bottom of the water main and the top of the sewer. When local conditions prevent a vertical separation as described, the following construction shall be used: (1) Sewers passing over or under Water mains shall be constructed of materials equal to water main standards of construction for a distance of at least 9 feet on either side of the water main. (2) Watermain passing under sewers shall, in addition, be protected by providing: (a) a vertical separation of at least 18 inches between the bottom of the sewer and the top of the water main; (b) adequate structural support for the sewers to prevent excessive deflection of joints and settling on and breaking of the Water mains; (c) a length of water pipe shall be centered at the point of crossing so that the joints will be equidistant and as far as possible from the sewer. Water mains shall be laid at least 10 feet horizontally from any sanitary sewer or storm sewer, whenever possible. When .local conditions prevent a horizontal separation of 10 feet, a water main may be laid closer to a storm or sanitary sewer provided that: (1) The bottom of the water main is at least 18 inches above the top of the sewer; (2) Where this vertical separation cannot be obtained, the sewer shall be constructed of materials and with joints that are equivalent to water main standards of construction and shall be pressure tested to assure water tightness prior to backfilling. No deviation shall be made from the required line or grade except with the consent of the Engineer. 1999 Standard Utilities Specifications Page 6 J A3 Protection of Surface Structures All surface structures and features located outside the permissible excavation limits for underground installations, together with those within the construction areas which are indicated in the Plans as being saved, shall be properly protected against damage and shall not be disturbed or removed without approval of the Engineer. Within the construction limits, as required, the removal of improvements such as paving, curbing, walks, turf, etc., shall be subject to acceptable replacement after completion of underground work, with all expense of removal and replacement being borne by the Contractor to the extent that separate compensation is not specifically provided for in the Contract. Obstructions such as street signs, guard posts, small culverts, mailboxes, and other items of ' prefabricated construction may be temporarily removed during constructionprovided that essential service is maintained in a relocated setting as approved by the Engineer and that nonessential items are properly stored for the duration of construction. Upon completion of the ' underground work, all such items shall be replaced in their proper setting at the sole expense of the Contractor. ' The Contractor shall be responsible for protection of existing overhead utilities and poles. This shall include arranging with the utility and paying the utility for holding poles that will be close to the edge of any trench: Holding of poles and repair of any damage to these facilities shall be considered incidental to the project with no additional compensation allowed. If relocation or removal of these .facilities is required, the_Owner will contact the concerned utility and pay for the relocation or removal at no additional expense to the Contractor. 1 0 In the event of damage to any surface improvements, either privately or publicly owned; in the absence of construction necessity; the Contractor-will be required to replace or repair the damaged property to the satisfaction of the Engineer and without cost to the Owner. A4 Interference of Underground Structures When any underground structure interferes with the planned placement of the pipeline or appurtenances to such an extent that alterations in the work are necessary to eliminate the conflict or avoid endangering effects on either the existing or proposed facilities, the Contractor shall immediately notify the Engineer and the Owner of the affected structure. When any existing facilities are endangered by the Contractor's operations, the Contractor shall cease work at the site and take such precautions as may be necessary to protect the inplace structures until a decision is made as to how the conflict will be resolved. Without specific authorization from the Engineer, no essential utility service shall be disrupted, nor shall any change be made in either the existing structures or the planned installations to overcome the interference. Alterations in existing facilities will be allowed only to the extent that service will not be curtailed unavoidably and then only when the encroachment or relocation will satisfy all applicable regulations and conditions. 1999 Standard Utilities Specifications Page 7 i C Wherever alterations are required as a result of unforeseen underground interferences not due to any fault or negligence of the Contractor, the Engineer will issue a written order covering any additional or extra work involved and specifying the revised basis of payment, if any. Any alterations made strictly for the convenience of the Contractor, shall be subject to prior approval , and shall be at the Contractor's expense. No extra compensation will be allowed for delays caused by the interference of underground ' structures. AS Removal of Surface Improvements , Removal of surface improvements in connection with trench excavation shall be limited to actual needs for installation of the pipeline and appurtenances, based on the allowable trench widths and any other controls imposed in connection with the work. Removal operations shall be ' coordinated effectively with the excavation and installation operations as will cause the least practical disruption of traffic or inconvenience to the public. The debris resulting from removals shall become the property of the Contractor and shall be disposed of by the Contractor in ' accordance with Mn/DOT Specification 2104. Removal debris shall not be deposited at locations that will block access to fire hydrants, private driveways, or other essential service areas, mr obstruct surface drainage. Removal-and final disposal of debris shall be accomplished as a single e operation whereverpossible and; in any event, the debris shall be removed from the site before starting the excavating operations. Removal of concrete or bituminous structures. shall be by methods producing. clearrcut breakage to prescored lines as will preserve the remaining structure without damage. Removal equipment shall notbe operated in a manner that will cause damage to the remaining structure or adjoining. ' property. Where not removed to an existing joint, concrete structures shall be sawed along the break lines to a minimum depth of one-third of the structure depth. Any reusable materials generated during the work, such as aggregate, sod, topsoil, shall be segregated from other waste materials and be stockpiled so as to maintain suitability and permit proper reuse. , The use of drop weight equipment for breaking pavement will be allowed to the extent that the Contractor shall assume full responsibility for any damages caused thereby. The pavement ' .breaking operation shall not be allowed to become a nuisance to the public or a source of damage to underground or adjacent structures. The Engineer reserves the right to order discontinuance of drop weight breaking operations at any time. ' A6 Temporary Service Measures While any open excavations are maintained, the Contractor shall have available a supply of steel plates suitable for temporary bridging of open trench sections where either vehicular or pedestrian traffic must be maintained. Use of the plates shall be as directed or approved by the Engineer and where installed they shall be secured against possible displacement and be replaced ' with the permanent structure as soon as possible. 1999 Standard Utilities Specifications Page 8 ' B Excavation and Preparation of Trench Bl Operational Limitations and Requirements Excavating operations shall proceed only so far in advance of pipe laying as will satisfy the needs for coordination of work and permit advance verification of unobstructed line and grade as ' planned. Where interference with existing structures is possible or in any way indicated, and where necessary to establish elevation or direction for connections to inplace structures, the excavating shall be done at those locations in advance of the main operation so actual conditions will be exposed in sufficient time to make adjustments without resorting to extra work or unnecessary delay. Where possible, excavated materials shall be placed in areas that will not block existing vehicle ' and pedestrian traffic and drainage ways. The Contractor shall review proposed methods of operation with the Engineer prior to beginning the work. All installations shall be accomplished by open trench construction except for short tunnel sections approved by the Engineer and with the exception that boring and jacking or tunnel construction methods shall be employed where so specifically required by the Plans, ' Specifications, or Special Provisions. Installation of pipe through tunnel excavations will be allowed only where the surface structure ' can be properly supported and the backfill restored to the satisfaction of the Engineer. 1 The excavating operations shall be conducted so as to carefully expose all inplace underground structures without damage. Wherever the excavation extends under or approaches so close to an . existing structure as to endanger it'in any way; precautions. and protective-measures-shall be ' taken as necessary to preserve the structure and provide temporary support. Hand methods of excavating shall be utilized to probe--for and expose such critical or hazardous installations as gas pipe and power or communication cables. ' The Engineer shall be notified of any need for blasting to remove materials which cannot be broken up mechanically, and there shall be no blasting operations conducted until the Engineer's approval has been secured. Blasting will be allowed only when proper precautions are taken to ' protect life and property, and then shall be restricted as the Engineer directs. The hours of blasting operations shall be set by the Owner. The Contractor shall assume full responsibility for any damages caused by blasting, regardless of the requirements for notification and approval. The Contractor shall secure any required permits for blasting and shall conduct blasting operations in conformance with all applicable local, state and federal laws, regulations, and ordinances. B2 Cl ifi ti d Di iti f M t i l ass ca on an spos on o a er a s ' Excavated materials will be classified for payment only to the extent that the removal of materials classified by the Engineer as Rock will be paid for as provided in the Special Provisions or shown in the Proposal. All other materials encountered in the excavations, with the 1999 Standard Utilities Specifications Page 9 u exception of items classified for payment as structure removals, will be considered as ' Unclassified Excavation and unless otherwise specified in the Plans, Specifications, and Special Provisions, no additional compensation shall be provided for their removal. Unclassified materials shall include muck, rubble, wood debris, and boulder stone, masonry or ' concrete fragments less than one cubic yard in volume, together-with other miscellaneous matter that can be removed effectively with power operated excavators without resorting to drilling and , blasting. Rock excavation shall be defined to include all hard, solid rock in ledge formation, bedded ' deposits and unstratified masses; all natural conglomerate deposits so firmly cemented as to present all the characteristics of solid rock; and any boulder stone, masonry or concrete fragments exceeding one cubic yard in volume. Materials such as shale, hard pan, soft or ' disintegrated rock which can be dislodged with a hand pick or removed with a power operated excavator will not be classified as Rock Excavation. Excavated materials will be classified for reuse as being either Suitable or Unsuitable for backfill or other specified use, subject to selective controls. All suitable materials shall be reserved for backfill to the extent needed, and any surplus remaining shall be utilized for other construction on the project as may be specified or ordered by the Engineer. To the extent practicable, granular - -materials and topsoil shall~be segregated from%other materials during the excavating and stockpiling operations so as to permit best use ofthe available materials at the time of backfilling. Unless otherwise specified in the Plans, Specifications, and Special Provisions, ' -material handling as described .above shall. be considered incidental with no additional compensation provided. - All excavated materials reserved for backfill or other use on the project shall~be stored at locations approved by the Engineerthat. will cause a minimum of inconvenience. to public travel, adjacent properties, and other special interests. The material shall not be deposited so close to the ' edges of the excavations as would create hazardous conditions, nor shall any material be placed so as to block the access to emergency services. All materials considered unsuitable by the Engineer, for any use on the project, shall be immediately removed from the project and be , disposed of as arranged for by the Contractor at no extra cost to the Contract. B3 Excavation Limitations and Requirements ' Trench excavating shall be to a depth that will permit preparation of the foundation as specified and installation of the pipeline and appurtenances at the prescribed line and grade, except where e alterations are specifically authorized. Trench widths shall be sufficient to permit the pipe to be laid and joined properly and the backfill to be placed and compacted as specified. Extra width shall be provided as necessary to permit convenient placement of sheeting and shoring and to ' accommodate placement of appurtenances. Excavations shall be extended below the bottom of structure as necessary to accommodate any required Granular Foundation material. When rock or unstable foundation materials are ' encountered at the established grade, additional materials shall be removed as specified or 1999 Standard Utilities Specifications Page 10 n ordered by the Engineer to produce an acceptable foundation. Unless otherwise indicated or directed, rock shall be removed to an elevation at least six inches below the bottom surface of the pipe barrel and below the lowest projection of joint hubs. All excavations below grade shall be to a minimum width equal to the outside pipe diameter plus two feet. Rock shall be removed to such additional horizontal dimensions as will provide a minimum clearance of six inches on all sides of appurtenant structures such as valves, housings, access structures, etc. ' Where no other grade controls are indicated or established for the pipeline, the excavating and foundation preparations shall be such as to provide a minimum cover over the top of the pipe as specified. Trench widths shall allow for at least six inches of clearance on each side of the joint ' hubs. The maximum allowable width of the trench at the top of pipe level shall be the outside diameter of the pipe plus two feet, subject to the considerations for alternate pipe loading set forth below. The width of the trench at the ground surface shall be held to a minimum to prevent ' unnecessary destruction of the surface structures. The maximum allowable trench width at the level of the top of pipe maybe exceeded only by approval of the Engineer, after consideration of pipe strength and loading relationships. Any alternate proposals made by the Contractor shall be in writing, giving the pertinent soil weight data and proposed pipe strength alternate, at least seven days prior to the desired date of decision. Approval of alternate pipe designs shall be with the understanding that there .will be no extra compensation: allowed for any increase in material or•construction costs. If the trench is excavated to a greater width than that authorized, the Engineer may. direct the Contractor ta_provide a higher class of bedding and/or a higher trength pipe than that required by the Plans, Specifications, and Special Provisions in order to satisfy design requirements,. without additional compensation. ' B4 Sheeting and Bracing Excavations All excavations shall be sheeted, shored, and braced as will meet all requirements of the applicable safety codes and regulations; comply with any specific requirements of the Contract; and prevent disturbance or settlement of adjacent surfaces, foundations, structures, utilities, and other properties. Any damage to the work under contract or to adjacent structures or property caused by settlement, water or earth pressures, slides, cave-ins, or other causes due to failure or ' lack of sheeting, shoring, or bracing or through negligence or fault of the Contractor in any manner shall be repaired at the Contractor's expense and without delay. Where conditions warrant extreme care, the Plans, Specifications, and Special Provisions may require special precautions to protect life or property, or the Engineer may order the installation of sheet piling of the interlocking type or direct that other safety measures be taken as deemed necessary. Failure of the Engineer to order correction of improper or inadequate sheeting, shoring, or bracing shall not relieve the Contractor's responsibilities for protection of life, property, and the work. 1999 Standard Utilities Specifications Page 11 u The Contractor shall assume full responsibility for proper and adequate placement of sheeting, ' shoring, and bracing, wherever and to such depths that soil stability may dictate the need for support to prevent displacement. Bracing shall be so arranged as to provide ample working space and so as not to place stress or strain on the inplace structures to any extent that may cause damage. Sheeting, shoring and bracing materials shall be removed only when and in such manner as will , assure adequate protection of the inplace structures and prevent displacement of supported grounds. Sheeting and bracing shall be left in place only as required by the Plans, Specifications, and Special Provisions or ordered by the Engineer. Otherwise, sheeting and bracing may be , removed as the backfilling reaches the level of respective support. Wherever sheeting and bracing is left in place, the upper portions shall be cut and removed to an elevation of three feet or more below the established surface grade as the Engineer may direct. ' All costs of furnishing, placing and removing sheeting, shoring, and bracing materials, including the value of materials left in place as required by the Contract, shall be included in the prices bid ' for pipe installation and will not be compensated for separately. When any sheeting, shoring, or bracing materials are left in place by written order of the Engineer, in the absence of specific requirements of the Contract to do so, payment will be made for those materials as an Extra Work item, including waste material resulting from upper cut-off requirements. BS Preparation and Maintenance of Foundations Foundation preparations.shallbe conducted as necessary to produce a stable foundation and ' provide continuous and uniform pipe bearing between bell holes.. The initial excavating or backfilling operations shall produce a subgrade level slightly above finished -grade as will permit ' hand shaping to finished grade by trimming of high spots and without the need for filling of low spots to grade. Final subgrade preparations shall be such as to produce a finished grade at the centerline of the pipe that is within 0.03 foot of a straight line between pipe joints and to provide ' bell hole excavation at each joint as will permit proper joining of pipe and fittings. In excavations made below grade to remove rock or unstable materials, the backfilling to grade , shall be made with available suitable materials unless placement of Granular Foundation or Bedding material is specified and provided for or is ordered by the Engineer. Placement of the backfill shall be in relatively uniform layers not exceeding 8 inches in loose thickness. Each layer of backfill shall be compacted thoroughly, by means of approved mechanical compaction ' equipment, as will produce uniform pipe support throughout the full pipe length and facilitate proper shaping of the pipe bed. ' Where placement of foundation materials will not provide an adequate foundation for laying pipe due to the instability of the existing materials and where ordered by the Engineer, the Contractor shall place Geotextile Type I fabric on top of the unstable materials prior to placing foundation ' materials. Sufficient geotextile fabric shall be used to completely enclose the foundation materials and pipe. 1999 Standard Utilities Specifications Page 12 n It shall be the Contractor's responsibility to notify the Engineer of changing soil conditions which may be of poor bearing capacity and when organic soils are encountered. Where utilities are placed on unstable soils without notification of the Engineer, the Contractor shall be responsible for all repairs and correction of the installation without further compensation. Where the foundation soil is found to consist of materials that the Engineer considers to be so ' unstable as to preclude removal. and replacement to a reasonable depth to achieve solid support, a suitable foundation shall be constructed as the Engineer directs in the absence of special requirements in the Plans, Specifications, and Special Provisions. The Contractor may be required to furnish and drive piling and construct concrete or timber bearing supports or other work as may be ordered by the Engineer. Care shall be taken during fmal subgrade shaping to prevent any over-excavation. Should any ' low spots develop, they shall only be filled with approved material, which shall have optimum moisture content and be compacted thoroughly without additional compensation to the Contractor. The fmished subgrade shall be maintained free of water and shall not be disturbed during pipe lowering operations except as necessary to remove pipe slings. The discharge of trench dewatering pumps shall be directed to natural drainage channels or storm water drains. ' Draining trench water into sanitary sewers or combined sewers will not be permitted. The Contractor.shall-install and.operate a dewatering system of wells orpoints to maintain pipe ' trenches free of water wherever necessary or as directed by the Engineer to meet the intent of these specifications. Unless otherwise specified in the Plans, Specifications, and Special Provisions, such work shall be considered incidental.. All costs of excavating below grade and placing foundation or bedding aggregates as required shall be included in the bid prices for pipe items to the extent that the need for such work is indicated in the Contract provisions and the Proposal does. not provide for payment under ' separate Contract Items. Any excavation below grade and any foundation or bedding aggregates required by order of the Engineer in the absence of Contract requirements will be compensated for separately. ' If examination by the Engineer reveals that the need for placement of foundation aggregate was caused by the Contractor's manipulation of the soils in the presence of excessive moisture or lack of proper dewatering, the cost of the corrective measures shall be borne by the Contractor. C Non Open Cut Pipe Installation C1 JackingBoring The terms "auger", "boring", "jack", "jacking", and "tunneling" in the proposal, specifications, and plans refers only to norropen cut construction. The Contractor shall inspect and verify soil conditions to his own satisfaction in order to determine the type of construction to employ. ' During the construction, the Contractor shall be responsible for protecting all existing utilities above the pipe invert. 1999 Standard Utilities Specifications Page 13 iJ The minimum diameter of the casing pipe shall be four (4) inches greater than the outside ' diameter of the bell of the carrier pipe. For any installation beneath a railroad, the top of the casing pipe shall not be closer than the specified dimensions indicated in the permit. If the Contractor elects to install steel casing, the minimum wall thickness shall be as specified on the Plans, in the Special Provisions, or in the applicable Permit. Where required by the Engineer, two 17-pound anode packs shall be attached to the casing for corrosion protection. , A 1-1/2 inch pipe shall be forced along the top of the casing pipe. The front end of this pipe shall be 18 inches behind the front end of the casing pipe. A mixture of water and bentonite clay shall be forced through this pipe at all times during the casing installation to fill any voids that may be present above the casing pipe. Upon completion of the casing installation, this pipe shall be slowly withdrawn while bentonite is forced through the pipe to fill any remaining voids. The Contractor shall revent excavated materials from flowin back into the excavation durin ' p g g the norropen cut construction. This shall include the use of a shield conforming to the size and shape of the casing that will prevent materials from flowing into the leading edge of the casing. The machine used shall be capable of controlling line and grade and shall conform to the size and shape of the casing pipe. No jacking/augering of pipe will be allowed below the water table unless the water table has been lowered sufficiently to keep the water below the pipe being installed. The use of water under pressure (jetting) or puddling will not be permitted to facilitate jacking/augering , operations. If any installation is augered, the head shall be approved by the Engineer and the auger shall be located six (6) inches behind the lead edge of the casing or carrier pipe. If a void develops, the jacking/augering shall be stopped immediately and the void shall be filled , by pressure grouting. The grout material shall consist of asand-cement slurry of at least two sacks of cement per cubic yard and a minimum of water to assure satisfactory placement. Skids and blocking shall be used as necessary to install the carrier pipe to the proper line and , grade inside the casing pipe. Voids between carrier and casing pipes shall be filled with sand and the casing pipe sealed at both ends with a suitable material to prevent water or debris from ' entering the casing pipe. C2 Directional Boring Direction boring/drilling installation shall be accomplished where required on the Plans or in the Special Provisions to minimize disturbance of existing surface improvements. The installer shall have a minimum of three years of experience in this method of construction and have installed at ' least 1,000 feet of 8-inch or larger diameter pipe to specified grades. The field supervisor employed by the Contractor shall have at least three years of experience and shall be at the site at , all times during the boring/drilling installation, and be responsible for all of the work. 1999 Standard Utilities Specifications Page 14 The Contractor shall submit boring/drilling pit locations to the Engineer before beginning construction. ' The drilling equipment shall be capable of placing the pipe as shown on the plans. The installation shall be by a steerable drilling tool capable of installing continuous runs of pipe, without intermediate pits, a minimum distance of200 feet. The guidance system shall be capable ' of installing pipe within 1-1/2 inch of the plan vertical dimensions and 2 inches of the plan horizontal dimensions. The Contractor shall be required to remove and reinstall pipes which vary in depth and alignment from these tolerances. Pull back forces shall not exceed the allowable pulling forces for the pipe being installed. Drilling fluid shall be a mixture of water and bentonite clay. Disposal of excess fluid and spoils shall be the responsibility of the Contractor. D Placement of Insulation ' Rigid insulation board shall be placed within the pipe encasement zone, 6 inches above the pipe. Prior to placement of the insulation, Granular Borrow (MnDOT 3149) shall be leveled and ' compacted until there is no further visual evidence of increased consolidation or the density of the compacted layer conforms to the density requirements specified in the Special Provisions, then leveled and lightly scarified to a depth of 1/2-inch. Borrow material placed above and bebw the insulation shall be free of rock or stone fragments measuring 1-1/2 inches or greater. Insulation boards-shall be laced on the scarified material with the lon dimension parallel to the P g centerline of the pipe. Boards shall be placed in a single layer with tight joints. No continuous joints or seams shall be placed directly over the pipe. If two or more layers of insulation boards are used, each layer shall be placed to cover the joints of the layer immediately below. The Contractor shall exercise precaution to insure that all joints between boards are tight during placement and Backfilling with only extruded ends placed end to end or edge to edge. ' The first layer of material placed over the insulation shall be 6 inches in depth, free of rock or stone fragments measuring 1-1/2 inches or greater. The material shall be placed in such a manner that construction equipment does not operate directly on the insulation and shall be compacted ' with equipment which exerts a contract pressure of less than 80 psi. The first layer shall be compacted to conform to the density requirements specified in the Special Provisions. E Pipeline Backfilling Operations All pipeline excavations shall be backfilled to restore preexisting conditions as the minimum ' requirement, and fulfill all supplementary requirements indicated in the Plans, Specifications, and Special Provisions. The Backfilling operations shall be started as soon as conditions will permit on each section of pipeline, so as to provide continuity in subsequent operations and restore normal public service as soon as practicable on asection-by-section basis. All operations shall be pursued diligently, with proper and adequate equipment, as will assure acceptable results. 1999 Standard Utilities Specifications Page 15 The backfilling shall be accomplished with the use of Suitable Materials selected from the excavated materials to the extent available and practical. Should the materials available within the trench section be unsuitable or insufficient, without loading and hauling or the employment of unreasonable measures, the required additional materials shall be furnished from outside sources as an Extra Work item in the absence of any Special Provision requirements. Suitable Material shall be defined as a mineral soil free of foreign materials (rubbish, debris, etc.), frozen clumps, oversize stone, rock, concrete or bituminous chunks, and other unsuitable materials, that may damage the pipe installation, prevent thorough compaction, or increase the risks of after settlement unnecessarily. Material selection shall be such as to make the best and fullest utilization of what is available, taking into consideration particular needs of different backfill zones. Material containing stone, rock, or chunks of any sort shall only be utilized where and to the extent there will be no detrimental effects. Within the pipe bedding and encasement zones described as that portion of the trench which is below an elevation one foot above the top of the pipe, the materials placed shall be limited in particle size to 1-1/2 inches maximum in the case of pipe of 12 inches in diameter or less and to 2 inches maximum in the case of larger pipe. Above these zones, the placement of material containing stones, boulders, chunks, etc. greater than 8 inches in any dimension shall not be allowed. I~ ~' All flexible pipe shall be bedded in accordance with ASTM Specification D2321, "Recommended Practice for Underground Installation of Flexible Thermoplastic Sewer Pipe". Thisahall.include..placement of.granular.:bedding.and encasement;materials from, a point six -: inches below the bottom of pipe to a point twelve inches above the top of the pipe. Placement and compaction of bedding and encasement materials around the pipe shall.be considered incidental to the-installation of the pipe. Where_ existing soils do not meet he requirements. of bedding and encasement materials, the Contractor shall furnish the required granular materials. Compaction of materials placed within the pipe bedding and encasement zones shall be accomplished with portable or hand equipment methods, so as to achieve thorough consolidation under and around the pipe and avoid damage to the pipe. Above the cover zone material, the use of heavy roller type compaction equipment shall be limited to safe pipe loading. Backfill materials shall be carefully placed in uniform loose thickness layers up to 12 inches thick spread over the full width and length of the trench section to provide simultaneous support on both sides of the pipeline. Granular backfill may be placed in 12 inch layers above an elevation one foot above the top of the pipe, and with the provision that, by authority and at the discretion of the Engineer in consideration of the demonstrated capability of special type vibrating compactors, the stated maximums may be increased. Each layer of backfill material shall be compacted effectively, by approved mechanical or hand methods, until there is no further visual evidence of increased consolidation or the density of the compacted layer conforms to the density requirements specified in the Special Provisions. Compaction of the inplace layer shall be completed acceptably before placing material for a 1999 Standard Utilities .Specifications Page 16 0 u 1 ~J 0 succeeding layer thereon. The manner of placement, compaction equipment, or procedure effectiveness shall be subject to approval of the Engineer. All surplus or waste materials remaining after completion of the backfilling operations shall be disposed of in an acceptable manner within 24 hours after completing the backfill work on each particular pipeline section. Disposal at any location within the project limits shall be as specified, or as approved by the Engineer; otherwise, disposal shall be accomplished outside the project limits at the Contractor's discretion. The backfilling and surplus or waste disposal operations shall be a part of the work required under the pipeline installation items, not as work that may be delayed until fmal cleanup. Compaction of backfill within Roadbed areas shall meet the density requirements of Mn/DOT Specification 2105. Compaction of backfill in all other areas shall be as required in the Special Provisions. Until expiration of the guarantee period, the Contractor shall assume full responsibility and expense for all backfill settlement and shall refill and restore the work as directed to maintain an acceptable surface condition, regardless of location. All additional materials required shall be furnished without additional cost to the Owner. Any-settlement;ofyoad surfaces that are either placed<under his. Contract:or.by others under either public. or private contract; that are in excess. of one inch, as measured by a ten foot straight edge; and that are within the:guarantee period shalLbe considered .failure of the:.mechanical compaction..The..Contractorahallbe:required;to repair suchsettlement.including:alLitems placed.:: by others. F Restoration of Surface Improvements. Wherever any surface improvements such as pavement, curbing, pedestrian walks, fencing, or turf have been removed, damaged or otherwise disturbed by the Contractor's operations, they shall be repaired or replaced to the Engineer's satisfaction, as will restore the improvement in .kind and structure to the preexisting condition. Each item of restoration work shall be done as soon as practicable after completion of installation and backfilling operations on each section of pipeline. In the absence of specific payment provisions, as separate Contract Items, the restoration work shall be compensated for as part of the work required under those Contract Items which necessitated the destruction and replacement or repair, and there will be no separate payment. If separate pay items are provided for restoration work, only that portion of the repair or reconstruction which was necessitated by the Contract work will be measured for payment. Any improvements removed or damaged unnecessarily or undermined shall be replaced or repaired at the Contractor's expense. 1999- Standard Utilities Specifications Page 17 Fl Turf Restoration Turf restoration shall be accomplished. by sod placement except where seeding is specifically allowed or required. Topsoil shall be placed to a minimum depth of four inches under all sod and in all areas seeded. The topsoil material used shall be light friable loam containing a liberal amount of humus and shall be free of heavy clay, coarse sand, stones, plants, roots, sticks and other foreign matter. Topsoil meeting these requirements shall be selected from the excavated materials to the extent available and needed. All turf establishment work shall be done in substantial compliance with the provisions of Mn/DOT Specification 2575 using seed mixtures as specified in the Special Provisions or Proposal. F2 Pavement Restoration The inplace pavement structure (including base aggregates) shall be restored in kind and depth as previously existed, using base aggregates salvaged from the excavated materials to the extent .available and. needed; and with new .materials -being provided for reconstruction: of .the concrete . or bituminous surface courses. - - -If;. through no fault° of the.:Contractor. in failingao reserve sufficient,aggregate materials. from the -_ excavations, there should: be insufficientquantity-of suitable aggregate o. reconstruct the - pavement base courses; the additional. materials required will be furnished by the Owner at its expense; or the Contractor will be ordered: to.furnish the additional materials. from outside.. -.~ sources: Placement'of.any_additional aggregate.materials delivered o the siterby he:Owner or of any additional materials furnished by the Contractor shall be an incidental expense, as will. also be the disposal of any excess materials resulting therefrom; unless special payment provisions . are otherwise agreed upon. Reconstruction of aggregate base courses and concrete or bituminous surface courses shall be in substantial compliance with all applicable Mn/DOT Specifications pertaining to the item being restored. The materials used shall be comparable to those used in the inplace structure, and the workmanship and fmished quality shall be equal to that of new construction to the fullest extent obtainable in consideration of operational restrictions. Existing concrete and bituminous surfaces at the trench wall shall be sawed or cut with a cutting wheel to form a neat edge in a straight line before surfaces are to be restored. Sawing or cutting may be accomplished as a part of the removal or prior to restoration at the option of the Contractor. However, all surface edges will be inspected prior to restoration. 1999 Standard Utilities Specifications Page 18 i ~i F3 Restoration of Miscellaneous Items Wherever any curbing, curb and gutter sections, pedestrian walks, fencing, driveway surfacing, or other improvements are removed or in any way damaged or undermined, they shall be restored to original condition by repair or replacement as the Engineer considers necessary. Replacement of old materials will be acceptable only to the extent that existing quality can be fully achieved, such as in the case of fencing. Otherwise new materials shall be provided and placed as the Engineer directs. Workmanship and finished quality shall be equal to that of new construction, where new materials are used, to the extent obtainable in consideration of operational restrictions. A proper foundation shall be prepared before reconstructing concrete or bituminous improvements. Unless otherwise directed, granular material shall be placed to a depth of at least four inches under all concrete and bituminous items. No direct compensation will be made for furnishing and placing this material even though such course was not part of the original construction. G Maintenance and Final Cleanup C~ All subgrade. surfaces shall be maintained acceptably until the start of surfacing. construction or . restoration works and until the work has been fmally accepted.,Additional materials shall be provided and placed as needed to compensate for trench settlement and to serve as temporary construction pending .completion of the. final surface improvements. Final disposal of debris, waste materials, .and .other remains or consequences of construction, shall be accomplished intermittently as new construction items are completed and shall not be left to await final completion of all work. Cleanup operations shall be considered as being a part of the work covered under the Contract.Items .involved and only that work which cannot be accomplished at_any early time-shall be considered as fmal cleanup work not attributable to a specific Contract Item. If disposal operations and other cleanup work are not conducted properly as the construction progresses, the Engineer may withhold partial payments until such work is satisfactorily pursued or he may deduct the estimated cost of its performance from the partial estimate value. Maintenance of sodded and seeded areas shall include adequate watering for plant growth and the replacement of any dead or damaged sod as may be required for acceptance of the work. 2600.4 METHOD OF MEASUREMENT All items will be measured separately according to design designation as indicated in the Pay Item name and as may be detailed and defined in the Plans, Specifications, or Special Provisions. Complete-in Place items shall include all component parts thereof as described or required to complete the unit, but excluding any excesses covered by separate Pay Items 1999 Standard Utilities Specifications Page 19 A Rock Excavation Rock Excavation shall be measured by volume in cubic yards. Depth shall be measured from the top of the rock to a point six inches below the outside barrel of the pipe and width shall be the inside diameter of the pipe plus twent}~ four inches (12" from each side). The minimum width of measurement shall be four feet. B Granular Materials Granular materials furnished and placed as special foundation, bedding, encasement, or backfill construction will be measured by weight or volume of material furnished by the Contractor from outside sources and placed within the limits defined. Unless otherwise specified, volume will be determined by vehicular measure (loose volume) at the point of delivery. Measurements will not include any materials required to be placed as a component part of other Contract Items as may be specified. C Geotextile Fabric Where geotextile fabric is used for improving pipe foundation, it shall be measured by the square foot of material installed. D Piling Piling shall be measured according to the provisions of Mn/DOT Specification 2452. Dl Pile Bents Pile bents shall be measured as a unit and shall include all materials and labor required, except the pile. E Insulation Rigid board insulation shall be measured on a square foot basis installed to the specified thickness noted on the Plans, Specifications, and Special Provisions and shall include all materials, equipment, and labor required for placement. 2600.5 BASIS OF PAYMENT All costs of excavating to foundation grade, preparing the foundation, placing and compacting backfill materials, restoring surface improvements, and other work necessary for prosecution and completion of the work as specified, shall be included for payment as part of the pipe and pipe appurtenance items without any direct compensation .being made. 1999 Standard Utilities Specifications Page 20 I~ i When special aggregate backfill materials are required to be furnished and placed to comply with the indicated Laying Conditions, the costs shall be included for payment as part of the pipe items without any direct compensation. Otherwise, the furnishing of aggregate materials for backfill by order of the Engineer in the absence of such requirements will be compensated for as an Extra Work item. I In the absence of special payment provisions, all costs of restoring surface improvements as required, disposal of surplus or waste materials, maintenance and repair of completed work, and final cleanup operations shall be incidental to the Contract Items under which the costs are incurred. Granular materials furnished for foundation, bedding, cover, or backfill placement as specified in connection with pipe or structure items will only be paid for as separate Contract Items to the extent that the Proposal contains specific Pay Items. Otherwise the furnishing and placing of granular materials as specified shall be incidental to the pipe or structure item without any direct compensation being made. 0 1999 Standard Utilities Specifications Page 21 I ri EXCAVATION and ElViBANKMENT 1 1 PART1-GENERAL 1.01 DESCRIPTION OF THE WORK This work shall consist of constructing all excavation and embankments for buildings, roadways, drainage and site grading within the property and easements in the project area. 1.02 RELATED WORK OF OTHER SECTIONS The following items of related work are covered under other sections: A. Bidding Requirements, Conditions of the Contract, and pertinent portions of the Special Provisions apply to the work of this section. B. Seeding: Lawns and Grasses 1 1.03 APPLICABLE PUBLICATIONS The following publications of the issues listed below, but referred thereafter by basic designatwn only, form a part of this specification to the extent indicated by the references thereto: A. Minnesota Department of Transportation, Standard Specifications for Construction, 2000 Edition, including Supplemental Specifications thereto. (MnDOT) 1. MnDOT 2105 -Excavation and Embankment 2. MnDOT 1803.5 -Erosion Control 3. MnDOT 2573 -Temporary Erosion Control 4. MnDOT 2101 -Clearing and Grubbing B. Minnesota. Pollution Control Agency, General Contractor's Copy, "General Permit, Authorization to Discharge Storm Water Associated With a Construction Activity lNnder the National Pollutant Discharge Elimination System/State Disposal System Permit Program" (NPDES/SDS permit). The Contractor shall carefully review the permit and shall implement all conditions listed. Special conditions have been identified under the permit for erosion control measures, inspection and record keeping. PART 2 -CONSTRUCTION MATERIALS 2.01 GENERAL Excavation and borrow materials shall conform to MnDOT 2105.2. PART 3 -CONSTRUCTION REQUIREMENTS REVISED 4/25/01 1 u C. All erosion control barriers shall be installed prior to initiating grading operations. D. Protect all existing improvements to remain, including structures, pavements'`, utilities, trees, shrubs, and lawn areas. The Contractor is liable for damage he causes ou~ir~e. of the "construction limits" designated on the site plan. E. Construction shall be done in conformance to MnDOT 2105.2 and sh~[I include excavation of unsuitable soils, pumping as required to maintain dry excavations. protection of excavations from freezing and provisions for surface runoff and erosion cor~Brol. The Contractor shall complete grading operations in any given area prior to startir~q another area. F. Compaction for embankment materials shall be by the Specified Density Method) specified in MnDOT 2105.3F1. Density tests shall be taken by an Independent Tes#ing tats; at the rate of one test per 2 feet of fill placed for every 100 feet of roadway and 10,000 sg~uare feet for building areas. G. The Contractor shall locate all existing underground utilities prior to excavation_ !i. Before commencing excavation or embankment construction, the Contractor shall remove all topsoil and sod from street areas and embankment building pads. gufficient topsoil shall be salvaged or provided from an off-site source to restore all disturbed areas with a topsoil depth as noted in the Special Provisions. The topsoil shall be plaoe~ prior to commencing the turf restoration. The salvaging, stockpiling and placement of the fiopsoil in excavation areas shall be incidental to the common excavation (EV) bid item. The stripping of the first one (1) foot of topsoil in embankment areas has been accounted 11~c in the "common excavation" bid quantity. If topsoil or unsuitable soil thickness greater than one and one (1) foot in depth is encountered, they shall be removed and reused as alsescribed above, the volume measured and the volume paid for at the soil correction (EVj unit price. No adjustment of the common excavation (E~ bid price shall be allowed for the additional topsoil.. I. The Contractor shall grade all roadways and parking areas to within plus or minus 0.1 feet. 3.02 EXCESS MATERIAL Excess material .not used on-the project shall be disposed of on-site by the Conhactor, at a location designated by the Engineer. The Contractor will deliver and stockpile the nnaterial to the location at no additional cost to the Owner. The stockpile shall have slopes ~ greater than 3:1 upon completion. PART 4-MEASUREMENT AND PAYMENT The work of this section shall be measured and paid for pursuant to MnDOT 2105, 2573, and 21(P't, except where modified below. It shall include-the following bid items: 1. Common Excavation: Will be measured by the cubic yard in the original, unexcavate~ position, using original ground survey data. Final surveys shall be used for authorized aver-depth excavation. Except for authorized over-depth excavation, no allowance will be unade for materials removed outside of lines and grades shown. 2. Clearing and Grubbing: Acre 3. Silt Fence: Linear Feet (LF) z ~ 1 LAWNS AND GRASSES PART 1 -GENERAL 1.01 DESCRIPTION OF THE WORK This work shall consist of the seeding and sodding of all areas disturbed during the construction process. 1.02 RELATED WORK OF OTHER SECTIONS The following items of related work are covered under other sections: A. Bidding Requirements, Conditions of the Contract and pertinent portions of the Special Provisions apply to the work of this Section. B. Grading: Excavation and Embankment. -' 1.03 APPLICABLE PUBLICATIONS The following publications of the issues listed below, but referred thereafter by basic designation only, form a part of this Specification and shall govern except as modified herein. A. Minnesota Department of Transportation, Standard Specifications for Construction, 2000 Edition, including Supplemental Specifications thereto. (MnDOT) 1. MnDOT 2575 Turf Establishment 2. MnDOT 3876 Seed 3. MnDOT 3878 Sod 4. MnDOT 3882 Mulch Material 5. MnDOT 3886 Silt Fence B. Minnesota Pollution Control Agency, general contractor's Copy, "General Permit, Authorization to Discharge Storm Water Associated with a Construction Activity. Under the National Pollutant discharge Elimination system/State Disposal System Permit Program" (NPDES/SDS permit). PART 2 -MATERIALS 2.01 SEED MIXTURE A. The seed mixture to be used on this project shall be Mixture Number 506 per MnDOT 3876 or a dormant seed mixture to be reviewed and approved by the Engineer. B. The seed mixture to be used on the wetland mitigation areas shall be in accordance with the attached seed mixtures as appropriate. 2.02 SOD Sod shall be the "Lawn and Boulevard Sod" per MnDOT 3878. ' 2.03 MULCH The mulch material shall be Type 1, per MnDOT 3882. REVISED 3/25/03 2.04 WOOD FIBER BLANKET The wood fiber blanket shall be the High Velocity Type per MnDOT 3885. 2.05 SILT FENCE The silt fence shall be the Heavy Duty Type per MnDOT 3886. PART 3 -CONSTRUCTION REQUIREMENTS 3.01 GENERAL All construction activities under this section shall be performed in accordance to MnDOT 2575 except as modified below. 3.02 SEEDING Within 48 hours of completion of site grading operations in a given watershed area, all disturbed areas shall be seeded and mulched. Seed shall be applied at the rate of 50 pounds per acre or 56 kg. per hectare. All areas seeded shall be mulched and disk anchored, unless wood fiber blanket is placed. 3.03 FERTILIZER All areas seeded shall be fertilized. The fertilizers shall be dry and shall contain available nitrogen, phosphoric acid and potash in proportions which will supply the minimum quantities of these plant foods. 3.04 BLACK DIRT All placement of black dirt behind curbing shall be done prior to paving. The Contractor shall be aware that the quantities of sod and seed used next to the curb shall be at the Owner's discretion and that they may be changed or deleted with no change in the unit price. PART 4 -MEASUREMENT AND PAYMENT The work of this section shall be measured and paid for pursuant to MnDOT 2575. It shall include the following bid items: 1. Seeding, Mulch Material (Type 1), Disk Anchoring: (acre - ac) 2. Wetland Mitigation Construction and Seeding: (acres-ac) 3. Wood Fiber Blankets, Type High Velocity: Square Yard (s.y.) 4. Sod (square yard - s.y.) The Contractor shall have the topsoil tested to determine the type and application rate of fertilizers to use. For bidding purposes, the Contractor shall use an application rate of 300 pounds per acre of a 20-10-10 fertilizer. REVISED 3/25/03 2 1 t 0 1 i u WETLAND MITIGATION CONSTRUCTION AND SEEDING Native Plant Community Planting Plan Seeding and Early Management Process 1. Till the area to be seeded to prepare a seedbed and control early spring weeds. 2. Harrow and pack the area to be seeded. This will create an adequate seedbed for final seeding. Packing will be considered adequate when only a slight footprint is left in the soil after walking across the area. 3. Proceed with seeding in late May to mid June with the selected native seed mixture and appropriate cover crop. If the area to be seeded is small or irregular in shape, broadcasting seed with hand broadcasting equipment is adequate. Equipment must be capable of broadcasting chaffy and light seed without plugging or settling in the holding chamber. If the area to be seeded is large and regular in shape, seeding should be completed with a specially designed native seed drill. 4. If the seed is broadcast, the area should be harrowed and packed again. This will provide the best soil to seed contact and maximize the certainty of seedling establishment. 5. Clean native grass mulch should be applied in moderate thickness. Mulch is adequately applied when approximately 50% of the soil is visible after application. 6. The seeding site should be mowed at least one time during the seeding year and 2 times in the first year after seeding. Mowing should be completed when weeds are no more than three feet tall Mowing height should be approximately six inches. If the mowed mulch is heavy it should be removed to prevent "smothering" the new seedlings. 7. Spot treatment with a herbicide to eliminate undesirable weeds may be required. REVISED 3/25/03 3 Seed Mixture for Wet Areas A seed mixture should be selected from local seed sources. This will be best suited for the environmental conditions of the seeding area. Our suggestion for a seed mixture of appropriate grass and wildflower seeds for a marginally wet area would include the following species in the approximate percentages listed: Grass mixture Big bluestem 25% Canada W ild Rye 30 Little Bluestem 5 Giant Manna Grass 7 Dark Green Bulrush 2 Canada Bluejoint 2 Wooly Bulrush 4 Fox Sedge 1 Indian Grass 10 Prairie Cordgrass 5 Prairie Dropseed 1 Softstem Bulrush 2 River Bulrush 2 Bottlebrush Sedge 2 Giant Burreed 2 The grass mixture should be seeded at approximately 10 pounds (Pure Live Seed basis) per acre. Wildflower mixture Culvers root 0.5% Tall Meadow Rue 9.5 Purple Prairie Clover 5.0 White Prairie Clover 7.0 Bottle Gentian 0.5 Marsh Blazing Star 0.5 St. Johns Wort 1.0 Maximillion Sunflower 5.0 Boneset 3.0 Golden Alexander 7.0 Pale Gentian 0.5 Prairie Blazing Star 5.0 Blackeyed Susan 4.0 False Sunflower 12.0 Blue Vervain 4.0 Marsh Milkweed 3.0 Wild Bergamont 4.0 False Indigo 3.0 Flattopped Aster 3.0 Cupplant 2.0 New England Aster 3.0 Blue Flag Iris 7.0 Red Stemmed Aster 1.0 Mud Plantain 2.0 Marsh Betony 0.5 _ _ ______ Joepye Weed 3.0 Ironweed 4.0 The wildflower mixture should be seeded at approximately 3 pounds (PLS) per acre. We recommend that ashort-lived cover crop of Regreen (10 pounds per acre) be seeded with this mixture to help crowd out weeds and minimize risk of soil erosion. Seed Mixture for Buffer Areas Our suggestion for a seed mixture of appropriate grass and wildflower seeds for a mesic prairie area for short grasses would include the following species in the approximate percentages listed: Grass mixture Canada Wild Rye 20 Little Bluestem 40 Switch grass 10 Prairie Dropseed 5 Sideoats gramma 25 The grass mixture should be seeded at approximately 10 pounds (Pure Live Seed basis) per acre. REVISED 3/25/03 4 1 Wildflower mixture Pale Gentian 0.5 Prairie Sage 0.5 Rough Potentilla 0.5 Yarrow 0.5 Missouri Goldenrod 1.0 Showy Goldenrod 0.5 Blackeyed Susan 5.0 Wild Bergamont 4.0 Stiff Goldenrod 2.0 Wood Betony 0.5 Gray headed Coneflower 4.0 Hoary Vervain 5.0 Prairie Smoke 1.0 White Prairie Clover 7.0 Tall Meadow Rue Purple Prairie Clover 5.5 18.0 Pasque Flower False Cromwell 2.0 1.0 Leadplant 5.0 Rough Blazingstar 0.5 Maximillion Sunflower 3.0 Heartleaf Goldenaster 3.0 Prairie Blazingstar 2.0 Canada Tick Trefoil 3.0 Pale Purple Cone 2.0 False Sunflower 8.0 Partridge Pea 10.0 Wild Prairie Rose 1.0 Sky Blue Aster 4.0 The wildflower mixture should be seeded at approximately 3 pounds (PLS) per acre. We recommend that ashort-lived cover crop of Regreen (10 pounds per acre) be seeded with this mixture to help crowd out weeds and minimize risk of soil erosion. ~J fl REVISED 3/25/03 1