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2005 Specs Lift Station TABLE OF CONTENTS Hunter's Pass Lift Station Albertville, Minnesota ' SPECIFICATIONS 00020 ADVERTISEMENT FOR BIDS 00200 INSTRUCTIONS TO BIDDERS 00410 PROPOSAL ' 00411 BID SCHEDULE 00420 BID BOND 00430 INFORMATION REQUESTED FROM BIDDER ' 00500 FORM OF AGREEMENT 00510 NOTICE OF AWARD 00520 NOTICE TO PROCEED 00610 PERFORMANCE BOND 00620 PAYMENT BOND 00700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 00800 SUPPLEMENTAL CONDITIONS ' 00801 RESIDENT PROJECT REPRESENTATIVE 00930 EQUAL OPPORTUNITY CLAUSE 00935 STANDARD FEDERAL E.E.O. CONSTRUCTION CONTRACT SPECIFICATIONS 00940 NOTICE TO LABOR UNIONS-OR OTHER EMPLOYMENT ORGANIZATION -NONDISCRIMINATION IN EMPLOYMENT 00945 EMPLOYMENT UTILIZATION REPORT 00950 SAFETY REQUIREMENTS 00960 MINORITY/WOMEN'S BUSINESS ENTERPRISES, SMALL BUSINESSES IN RURAL AREAS PROVISIONS AND NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 00991 CHANGE ORDER 00992 ENGINEER'S FIELD ORDER 00993 PROPOSAL REQUEST 00994 WORK CHANGE DIRECTIVE 00995 LETTER OF TRANSMITTAL DIVISION 1 -GENERAL REQUIREMENTS 01010 SUMMARY OF WORK 01025 01110 MEASUREMENT AND PAYMENT CULTURAL RESOURCES PROTECTION 01200 PROJECT MEETINGS 01300 SUBMITTALS 01400 TESTS AND INSPECTIONS ' 01410 REGULATORY REQUIREMENTS 01560 TEMPORARY ENVIRONMENTAL CONTROLS ' 01600 01700 MATERIALS, EQUIPMENT, LABOR AND WORKMANSHIP PROJECT CLOSEOUT DIVISION 2 -SITE WORK 02000 GENERAL INFORMATION 02010 SUBSURFACE INVESTIGATION 02370 TEMPORARY EROSION CONTROL ' 02720 02740 AGGREGATE BASE BITUMINOUS PAVEMENT DIVISION 11 -EQUIPMENT ' 11000 EQUIPMENT GENERAL PROVISIONS T16.21649 - Albertville, MN TABLE OF CONTENTS ' Hunter's Pass Lift Station PAGE 1 I~ J I SECTION 00020 -ADVERTISEMENT FOR BIDS Hunter's Pass Lift Station Albertville, MN RECEIPT AND OPENING OF PROPOSALS: Sealed proposals for the work described below will be received by Bridget Miller, City Clerk, at the Albertville City Hall, 5875 Main Ave. NE until 11:30 am, on the 28th day of June, 2005, at which time the bids will be opened and publicly read. DESCRIPTION OF WORK: The work includes the following: A. Construction of a submersible lift station. The major work includes submersible pumps, wetwell, valve vault, piping, electrical and controls. COMPLETION OF WORK: All work under the Contract must be complete within 120 calendar days after receipt of the Notice to Proceed. OBTAINING CONTRACT DOCUMENTS AND BIDDING REQUIREMENTS: Plans and specifications and all contract documents may be obtained at the office of Bolton & Menk, Inc., 12224 Nicollet Ave, Burnsville, MN 55337, upon payment of $50.00, (non-refundable) for each full set of specifications and accompanying drawings. A copy of the plans and specifications maybe inspected at the following locations: - Office of Bolton & Menk, Inc., 12224 Nicollet Ave., Burnsville, MN 55337. - St. Cloud Builders Exchange, 110 6a' Ave S. St. Cloud, MN 56302 • Bids will be received on a lump sum basis. ' • A certified check or a Bid Bond satisfactory to the City of Albertville, in the amount of not less than 5 percent of the total Bid price submitted must accompany each Bid. • The successful Bidder will be required to furnish a Performance Bond and Labor and Materials Payment Bond each in the amount of the Contract. ' • The Bid, Agreement, and Bonds shall be conditioned upon compliance with all provisions of the Bid Documents. n PROJECT ADMINISTRATION: All questions relative to this project prior to the opening of bids shall be directed to the Engineer/Manager for the project. It shall be understood, however, that no specification interpretations will be made by telephone. Address inquiries to: Bolton & Meek, Inc. 12224 Nicollet Ave Burnsville, MN 55337 Telephone: (952) 890-0509 Attn: Paul Saffert, P.E. Project Engineer OWNER'S RIGHTS RESERVED: The OWNER reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards in the interest of the OWNER. Date: June 10, 2005 T15.21649 -Albertville, MN Hunter's Pass Lift Station Owner: City of Albertville, Minnesota /S/ Bridget Miller City Clerk ADVERTISEMENT FOR BIDS PAGE 00020-1 C CI' C~ CI' 7 0 PART 1 -- GENERAL 1.1 DEFINED TERMS SECTION 00200 -INSTRUCTIONS TO BIDDERS A. Terms used in these Instructions to Bidders which are defined in the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (No. 1910-8, EJCDC C-700 2002 Edition) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to OWNER, as distinct from aSub-bidder, who submits a Bid to a Bidder. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Proposal Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Proposals). B. The OWNER of this project may also be referred to as the Buyer. C. The term Contractor shall be held to mean the firm which is given a Purchase Order and/or Contract for construction. The Contractor may also be referred to as Seller. D. The Engineer for this project is Bolton & Menk, Inc.,12224 Nicollet Ave., Burnsville, MN 55337 E. The terms "Bid" and "Proposal" have the same meaning. 1.2 COPIES OF BIDDING DOCUMENTS A. Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid maybe obtained from the Engineer. B. Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. C. OWNER and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the work and do not confer a license or grant for any other use. 1.3 QUALIFICATIONS OF BIDDERS A. To demonstrate qualifications to perform the work, each Bidder is requested to submit a completed Bidder General Information Form. In addition, the successful bidder must be prepared to submit within five days of OWNER's request additional written evidence, such as financial data, present commitments and other such data. Each Bid must contain evidence of Bidder's qualification to do business in the state where the project is located or covenant to obtain such qualification prior to award of the Contract. B. The OWNER reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the OWNER that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional Bids will not be accepted. 1.4 EXAMINATION OF CONTRACT DOCUMENTS AND SITE A. It is the responsibility of each Bidder before submitting a Bid, to: T15.21649 -Albertville, MN Hunter's Pass Lift Station INSTRUCTIONS TO BIDDERS PAGE 00200-1 1. Examine the Contract Documents thoroughly. 2. Visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the work. 3. Consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the work. 4. Study and carefully correlate Bidder's observations with the Contract Documents. 5. Notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. B. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data furnished to OWNER and Engineer by OWNERS of such underground facilities or others, and OWNER does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. C. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Sections 4.2 and 4.3 of the General Conditions. D. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the work and which Bidder deems necessary to determine its Bid for performing and furnishing the work in accordance with the time, price and other terms and conditions of the Contract Documents. E. On request in advance, OWNER will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. F. The lands upon which the work is to be performed, rights-of--way and easements for access thereto and other lands designated for use by Contractor in performing the work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. G. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Section, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as maybe indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. 1.5 INTERPRETATIONS AND ADDENDA A. No interpretation of the meaning of the Drawings, Specifications or other prebid documents will be made to any Bidder orally. Every request for such interpretation should be made in writing addressed to Bolton & Menk, Inc., 12224 Nicollet Ave., Burnsville, MN 55337 and to be given consideration must be received at least eight days prior to the date fixed for the opening of Bids. ii I~~ II~ 0 ~I~ T15.21649 -Albertville, MN INSTRUCTIONS TO BIDDERS , Hunter's Pass Lift Station PAGE 00200-2 ' B. Any and all such interpretation and any supplemental instructions will be in the form of written Addenda which, if issued, will be mailed by a delivery service with proof of delivery to all parties recorded as having received Bidding Documents (at the respective addresses furnished for such purposes), prior to the date fixed for the opening of Bids. ( ' C. It will be the Bidder s responsibility to verify with the Engineer that all Addenda have been received prior to submitting a Bid. ' D. All Addenda so issued shall become part of the Contract Documents and will be binding. Oral and other interpretations or clarifications will be without legal effect. ' E. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. ' 1.6 BID SECURITY A. Each Bid must be accompanied by Bid security made payable to OWNER in an amount and in the form as defined in the Advertisement or Invitation to Bid. If the amount of Bid security is not deemed in the Advertisement or Invitation to Bid, the Bid security shall be 5 percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the surety on any Bond furnished by BIDDER 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 above requirements, BIDDER shall within five days ' thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. B. The Bid security of the successful Bidder will be retained until such Bidder has executed the Agreement or accepted the Purchase Order and furnished the required Contract security, whereupon the ' Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement or accept the Purchase Order within fifteen days after the Notice of Award or issuance of Purchase Order, OWNER may annul the Notice of Award or Purchase Order and the Bid security of that Bidder will be 1 forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the seventh day after the Effective Date of the Agreement or the forty-sixth day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 1.7 CO NTRACT A. The number of days within which, or the dates by which, the work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Agreement. 1.8 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. I T15.21649 -Albertville, MN Hunter's Pass Lift Station INSTRUCTIONS TO BIDDERS PAGE 00200-3 1.9 SUBSTITUTE OR "OR EQUAL" ITEMS A. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment maybe furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement or issuance of Purchase Order. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Sections 6.7.1, 6.7.2 and 6.7.3 "Substitutions" of the General Conditions and may be supplemented in the Supplementary Conditions and the General Requirements. 1.10 SUBCONTRACTORS, SUPPLIERS AND OTHERS A. If requested a list of all Subcontractors shall be furnished with the Proposal on the Subcontractors List form provided with these Documents. An Equipment and Materials List shall be furnished with the Proposal on the form provided with these Documents. B. The Bidder shall furnish to the OWNER, within 5 days upon request, an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, and person or organization if requested by OWNER. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may before the Notice of Award is given or Purchase Order is issued request the Bidder to submit an acceptable substitute without an increase in Bid price. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, and other person or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award or issuing the Purchase Order will be deemed acceptable to OWNER and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Section 6.8.2 of the General Conditions. C. In Contracts where the Contract price is on the basis of Cost-of--the-Work Plus a Fee, the Bidder, prior to the Notice of Award or issuance of Purchase Order, shall identify in writing to OWNER those portions of the work that such Bidder proposes to subcontract and after the Notice of Award or Purchase Order issuance may only subcontract other portions of the work with OWNER's written consent. D. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 1.11 BID FORM A. The Bid Form or Proposal is included with the Bidding Documents; additional copies maybe obtained from the Engineer. B. All blanks on the Bid Form must be completed in ink or by typewriter. C. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown. D. Bids by partnerships must be executed in the partnership name and signed by a partner, and the official address of the partnership must be shown. ~~' ~I, r fl [] C r~ n iL T15.21649 -Albertville, MN INSTRUCTIONS TO BIDDERS ' Hunter's Pass Lift Station PAGE 00200-4 0 r ~I C~~ ~I i ~I n u E. All names must be typed or printed below the signature. F. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). G. The address and telephone number for communications regarding the Bid must be shown. 1..12 SUBMISSION OF BIDS A. Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid. B. Each Proposal must be submitted in ink or typewritten in a sealed envelope with the following information on the outside: the Bidder's name, address, name of the project and the word "Proposal." The Bid security must be submitted inside the envelope. The bid shall consist of the proposal, addendum acknowledgment, bidding schedule, and the bid bond or certified check. The bidder is also encouraged to include the Information Requested of Bidder to assist in the bid review. If the proposal is mailed, the bid with the above described information shall be within a separate sealed envelope and labeled on the outside with: the bidder's name, address, name of the project and the word "Proposal". 1.13 MODIFICATION AND WITHDRAWAL OF BIDS A. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. B. If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from fizrther bidding on the work to be provided under the Contract Documents. C. Bids received prior to the time of opening will be securely kept, unopened. The officer whose duty it is to open them will decide when the specified time has arrived, and no Bid received thereafter will be considered. Modification by telegraph of bids already submitted will be considered if received prior to the time set for opening and written confirmation of such modification over the signature of the Bidder is placed in the mail and postmarked prior to the time set for Bid opening; however, if written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification. Bidders are cautioned that, while telegraphic modifications of Bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall make the Bid so modified or amended subject to rejection by the OWNER. The telegraphic communication should not reveal the Bid price but should provide the addition or subtraction or other modification so that the fmal prices or terms will not be known by the OWNER until the sealed Bid is opened. 1.14 OPENING OF BIDS A. Bids will be opened at the OWNER's office. An abstract of the amounts of the Bids will be made available to Bidders, upon request, after the opening of Bids. ' 1.15 BIDS TO REMAIN SUBJECT TO ACCEPTANCE A. All Bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but ' OWNER may, in its sole discretion, release any Bid and return the Bid security prior to that date T15.21649 -Albertville, MN Hunter's Pass Lift Station INSTRUCTIONS TO BIDDERS PAGE 00200-5 I~~ 1.16 AWARD OF CONTRACT A. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the work and to negotiate Contract terms with the successful Bidder and the right to disregard all nonconforming, non-responsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. B. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award or issuance of Purchase Order. C. OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted, if requested, as provided in the Subcontractors List and the Equipment and Materials List which must be submitted with the Bid. OWNER also may consider the operating costs, maintenance requirements, performance data and guazantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice of Awazd or Purchase Order issuance. D. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and fmancial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. E. If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the project. F. Total Bid Price adjusted by the difference in the total installed prices of all "Basis of Bid" equipment items, all accepted "Alternate" equipment items and accepted deduct items shall be the basis for awarding the contract. G. If the Contract is to be awarded, OWNER will give the successful Bidder a Notice of Award or issue a Purchase Order within sixty (60) days after the day of the Bid opening H. The awazd of this Contractor is subject to the approval of the Construction Permit Application under review by the Minnesota Pollution Control Agency. 1.17 CONTRACT SECURITY A. Section 5.1 of the General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and payment Bonds. When the successful Bidder delivers the executed Agreement to OWNER or accepts the Purchase Order, it must be accompanied by the required performance and payment Bonds. 1.18 SIGNING OF AGREEMENT A. When OWNER gives a Notice of Award or issues a Purchase Order to the successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written ~~~ ~~ CI L ~~ ii 0 T15.21649 -Albertville, MN INSTRUCTIONS TO BIDDERS ' Hunter's Pass Lift Station PAGE 00200-6 L ' SECTION 00410 -PROPOSAL FOR Hunter's Pass Lift Station City of Albertville, MN BMI PROJECT NO. T15.21649 BID f ~ ~~ ~ ~Y o [~G I ) h V YI Name of Bidd ) er TO: City of Albertville, MN Albertville City Hall, 5875 Main Ave. NE Albertville, MN 55301 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents. To furnish all plant, labor, services, materials, equipment, tools, supplies, transportation, utilities and all other items and facilities necessary to perform all work necessary under the bidding schedule of this contract documents in accordance with the intent of the contract documents including specifications, drawings and all addenda issued by the OWNER prior to opening of proposals. 2. Bidder agrees that, within 15 calendar days after receipt of contract from said OWNER, he will execute said contract in the required form, of which the Advertisement for Bids, Instructions to Bidders, Proposal, Information Required of Bidder, Specifications, Drawings, and all addenda issued by said OWNER prior to the opening of proposals, are a part, and will secure the required insurance and bonds and furnish the required insurance certificates; and that upon failure to do so within said time, then the proposal guarantee furnished by said bidder shall be forfeited to said OWNER as liquidated damages for such failure; provided, that is said bidder shall execute the contract, secure the required insurance and bonds, and furnish the required insurance certificates within said time, his check, if furnished, shall become void. It is further understood that this bid may not be withdrawn for a period of 60 days after the date set for the opening thereof, unless otherwise required by law. 3. Bidder further agrees to complete all work required under the contract within the time stipulated in said specifications, and to accept in full payment therefore the prices(s) named in the above- mentioned bidding schedule. T15.21649 -Albertville, MN Hunter's Pass Lift Station PROPOSAL PAGE 00410-1 4. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date ~~2y-t~S~ Number i (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work,' Site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Section 00800, Paragraph 1.7 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or fiunishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, with the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. J n n ~i fl n 7 T15.21649 -Albertville, MN PROPOSAL Hunter's Pass Lift Station PAGE 00410-2 ' C 0 n n 7 i~ J l 7 J (h} BIDDER certifies that this proposal is made and submitted without fraud or collusion with any other firm or corporation whatsoever. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) The BIDDER acknowledges the right of the OWNER to reject any or all Bids, waive any irregularities or informalities therein and award the Contract to other than the lowest Bidder if, in its discretion, the interests of the OWNER would be best served thereby. 5. The BIDDER will complete the Work for the prices shown in the BIDDING SCHEDULE. The award of the contract will be made to the lowest, responsible bidder, based on the proposal with the lowest TOTAL PROJECT BID PRICE. The OWNER reserves the right to delete from, or add items of work to, the lowest acceptable bid. No compensation will be paid if deletions are made. All bids shall include sales tax and all applicable taxes and fees. 6. The BIDDER accepts the provisions of Section 00500 of these specifications "Agreement", including the limits of the completion date and liquidated damages which maybe enforced in the event of failure to complete the work on time. 7. The following documents are attached to and made a condition of this Bid: (a) Required bid security in the form of a Certified Check or Bidder's Bond, being at least five percent (5%) of the amount bid, and made payable to the OWNER. (b) Bid Schedule 8. Communications concerning this Bid shall be addressed to: BIDDER: ~ ~ ~ '? ~ b n ~ A L- 1 Ih !~ ADDRESS: ~, O u G k,? 1 2 y 7~ 1 CITY & STATE:~1 a ul/ V ~' ~ °1 ~ rah I~Y1 y~ S S f I Z TELEPHONE: 6 S/- 6 3 9 -! 2 3 3 CONTACT 9. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTED on Z ~ 20~ S T 15.21649 -Albertville, MN Hunter's Pass Lift Station PROPOSAL PAGE 00410-3 ~J A Corporation By ~~ ~ ~vrl~/C,L~ ~ n ~- (Corporation Name) (State of Incorporation) By -P~~L ~V~ h~vn (Name of Person Authorized [o Sign) p 1 Y2S;~ e+~~ A (Title) (Signature) (Corporate Seal) Attest p /, (Secrdary) Business Address 1 .y ~a ~C ~ ~~ 7 g n-~,``~ c3r,~ ~ t~~, m ~ Ss~~ z Phone No.: h ~ ~ ' 6~ % - ! Z 3 3 A Joint Venture By (Name) By (Address) (Signature) (Name) (Address, (Signature) (Each Joint Venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) T15.21649 -Albertville, MN PROPOSAL Hunter's Pass Lift Station PAGE 00410-5 n '~~ SECTION 00411-BID SCHEDULE Bid Form for construction of: Hunter's Pass Lift Station CITY OF ALBERTVILLE, MINNESOTA The undersigned declares that the only persons or parties interested in this Bid as principals are as stated; that the ' Bid is made without any collusion with other persons, firms, or corporations; that he has carefully examined all the Contract Documents as prepared by Bolton & Menk, Inc.; that he has informed himself fully in regard to all conditions pertaining to the Work and the place where it is to be done, and from them the undersigned makes this Bid. The Bid price covers all expenses incurred in performing the Work required under the Contract Documents, of which this Bid Form is a part. Note: Bids shall include sales tax and all applicable taxes and fees. The Bidder has based the following Lump Sum Base Bid upon providing the equipment and materials of the encircled manufacturers as listed in the Equipment/Materials Schedule attached to this Bid Form. Should Bidder fail to indicate which named manufacturer his Lump Sum Base Bid is based upon, the Bidder will supply the first-named manufacturer's equipment/material. Bidder has also indicated substitute equipment/materials that he proposes to be 1 utilized in place of the encircled manufacturers' equipment/materials, subject to the following: ' 1. Allowance of "alternate" equipment does not constitute a waiver of the Specifications. If the Bidder desires to offer equipment by an "alternate" manufacturer instead of the "Basis of Bid" manufacturer, he shall indicate in the appropriate schedule the installed price of the "alternate" equipment along with the installed price of the "Basis of Bid" manufacturer. Additional ' "alternate" manufacturers, along with installed prices, can be listed on the sheet provided. 2. In order that the OWNER may determine if the proposed "alternate" manufacturer is a satisfactory substitute to that specified, the bidder shall submit one set of drawings, Specifications, full ' descriptive material, performance data and a detailed list of exceptions taken to the Specifications with the bid or to the ENGINEER in advance of the bid. Any revisions to structures, piping, mechanical, electrical, instrumentation and control or any other work necessary by such "alternate" equipment must be submitted for approval and the entire cost for such revisions shall be included in the installed price of "alternate." 3. The Engineer will review all proposed "Alternate" Manufacturer's equipment qualification ' submittals in a timely manner to determine conformance with the performance and technical requirements of this project. The Engineer will be the sole judge as to the comparative quality and suitability of such alternative equipment, products or other materials, and his/her decision shall be fmal. 4. If awarded a Contract on this project, all equipment items be guaranteed by the undersigned and his Surety to meet the performance requirements of the Contract Documents. ' S. That all installed prices stated on the Equipment/Materials Schedule include the preparation and submittal of detailed drawings showing all modifications, if any, to the Contract Drawing necessary to accommodate such equipment and furthermore that all installed costs stated on the Schedule include complete operating installation, and the furnishing and installing of any and all ' change or additions in structures, piping, buildings, mechanical and electrical work, accessories and controls, necessary to accommodate the equipment. 6. The naming of a manufacturer in this specification is not an indication that the manufacturer's ' standard equipment is acceptable in lieu of the specified component features. Naming is only an indication that the manufacturer may have the capability of engineering and supplying a system as specified. All exceptions to the specifications shall be indicated in the shop drawing. T15.21649 -Albertville, MN BID SCHEDULE Hunter's Pass Lift Station PAGE 00411-1 Schedule of Prices for Construction of: Hunter's Pass Lift Station CITY OF ALBERTVILLE, MINNESOTA 0 i ~. n fl 1 Bidder agrees to perform all of the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: NOTE: BIDS shall include sales tax and all applicable taxes and fees. The CONTRACTOR shall include in the lump sum bid a construction allowance of $5,000. Any portion of this allowance not used at the end of the project shall be returned to the OWNER TOTAL PROJECT BID PRICE 1. Construction of all Facilities as shown on the Contract Drawings and as specified in the Contract Specifications. $_ ~ ~ 7 ~ ` ~ (~ , 6 T15.21649 -Albertville, MN Hunter's Pass Lift Station BID SCHEDULE PAGE 00411-3 EQUIPMENT/MATERIALS SCHEDULE ' INSTRUCTIONS ' A. Items in the following schedule have been designated as the major equipment and/or material items to , be furnished. For each item, the Bidder must indicate which of the named manufacturer's equipment/material he intends to supply and upon which he developed his Lump Sum Base Bid. Such indication should be shown by circling the manufacturer's name. ' B. The Bidder shall encircle one, and only one, manufacturer's name for each item in the schedule. Should Bidder fail to indicate which named manufacturer his Lump Sum Base Bid is based upon, the Bidder will supply the first-named manufacturer's equipment/material. The prices for the circled equipment/materials schedule do not have to be furnished with the Bid. The lowest three bidders shall supply the equipment/material prices as requested by the ENGINEER. C. If the Bidder wishes to supply items by an un-named manufacturer, he may propose a substitute manufacturer and indicate the amount by which his Lump Sum Base Bid maybe reduced, if the substitution is acceptable to the OWNER and Engineer. Substitute equipment/materials manufacturers will generally be considered provided that: ' 1. The substitute equipment is of equal quality, function and performance to the listed equipment item, and it will perform satisfactorily and continuously. In this case, it will be assumed that the cost to the Contractor, if the equipment proposed to be substituted is accepted, is less than the ' equipment named in the schedule, and, if the substitution is approved, the contract price shall be reduced a corresponding amount by a Change Order which will be executed simultaneously with the signing of the Agreement. The cost to be deducted from the Lump Sum Base Bid price for ' acceptable substitute equipment shall be listed in the appropriate space on this equipment schedule. 2. The equipment or material proposed for substitution is superior in construction and efficiency to that named in the Contract. In this case, there maybe no Lump Sum Base Bid reduction shown , (indicated by a price of zero). 3. No substitute equipment will be considered unless, in the opinion of the OWNER, it conforms to the Contract Drawings and Specifications in all respects, except for make and manufacturer and ' minor details. D 0 T15.21649 -Albertville, MN Hunter's Pass Lift Station BID SCHEDULE ' PAGE 00411-4 0 u u u u L'~ ~l EQUIPMENT/MATERIALS SCHEDULE Specification Section and Equipment Item Equipment or Material Item (circle one - if not circled, first item will be used Name of "Alternate" Manufacturer and Amount of Deduct for "Alternate" Manufacturer 11311 Flygt 1. __ _ Submersible Centrifugal Pumps ~ $ Installed Price Add/Deduct 2. Installed Price Add/Deduct 16900 Allen-Bradley 1. MCC's $ Installed Price Add/Deduct 2. Installed Price Add/Deduct 16950 weeney Controls 1. Supervisory Controls $ Installed Price Add/Deduct 2. Installed Price Add/Deduct ' T15.21649 -Albertville MN Hunter's Pass Lift Station **** END OF SECTION **** BID SCHEDULE PAGE 00411-5 SECTION 00420 -BID BOND BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address) Owners Name Address BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE: (Not later than Bid Due Date}: PENAL SUM: IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the following page hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER SURETY Bidder's Name and Corporate Seal By: Attest: Signature and Title Signature and Title Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title Note: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. T15.21649 -Albertville, MN Hunter's Pass Lift Station (Seal) BID BOND PAGE 00420-1 (Seal) 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner} the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2 All bid are rejected by Owner, or 3.3 Owner fails to issue a notice of award to Bidder within the time specified in the Bidding Documents (or any extensions thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided T15.21649 -Albertville, MN Hunter's Pass Lift Station that the time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety, and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the project is located. 8. Notice required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of the Bond conflicts with any applicable provision of any applicable statute, then the provision of said statue shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "bid" as used herein included a bid, offer or proposal as applicable. 7 C LIB I ~' BID BOND , PAGE 00420-2 n u [] 0 SECTION 00430 -INFORMATION REQUESTED FROM BIDDER PART 1 -- GENERAL 1.1 DETAILS OF GENERAL CONTRACTOR A. The bidder is requested to furnish the following information. This is not a requirement of the bid documents but will expedite the review of the low bidder. Additional sheets may be attached as required. 1. Contractor's name and address: ' 2. Contractor's telephone number: 3. Contractor's license: Primary classification State License No. I C C~' Supplemental classifications held, if any: 4. Number of years as a contractor in construction work of this type: 5. Names and titles of all officers of contractor's firm: ___ 6. ATTACH TO THIS BID a list of five (5) construction contracts completed by the Contractor during the last five (5) years involving work of similar type and comparable value. The list should include the following information as a minimum: - Name, address and telephone number of OWNER. -Name of project. - Location of project. - Brief description of work involved. - Contract amount. -Date of completion of contract. - Name, address and telephone number of architect or engineer. - Name of OWNER's project engineer. C T15.21649 -Albertville, MN Hunter's Pass Lift Station INFORMATION REQUESTED FROM BIDDER PAGE 00430-1 1.2 LIST OF SUBCONTRACTORS ' A. The bidder is requested to list below the name and business address of each subcontractor who will perform work under this contract in excess of one-half of one percent of the contractor's total bid price, , and shall also list the portion of the work which will be done by such subcontractor. After the opening of proposals, no changes or substitutions will be allowed except as otherwise provided by law. The City will review and approve all subcontractors. , Percent of Subcontractor's Work to be Performed Contract Name and Address e Note: Attach additional sheets, if required. , **** END OF SECTION **** ' T15.21649 -Albertville, MN Hunter's Pass Lift Station INFORMATION REQUESTED FROM BIDDER , PAGE 00430-2 SECTION 00500 -FORM OF AGREEMENT Hunter's Pass Lift Station ' CITY OF ALBERTVILLE, MINNESOTA ' THIS AGREEMENT is dated as of the 7th day of Ju~_ in the year 20 OS by and between CITY OF ALBERTVILLE, MINNESOTA (hereinafter called OWNER) and CCS Contracting, Inc. (hereinafter called CONTRACTOR). ' OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. ' CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: ' A. Construction of a submersible lift station. The major work includes submersible pumps, wetwell, valve vault, piping, electrical and controls. t ARTICLE 2. ENGINEER. The Project has been designed by Bolton & Menk, Inc., Consulting Engineers, 12224 Nicollet Ave., Burnsville, MN ' 55337, who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME. ' 3.1. The Work will be substantially completed within 120 calendar days after issuance of Notice To Proceed, in accordance with Article 2.3 of the General Conditions. Substantial completion shall be defined as ready to accept and pump wastewater. All work shall be completed by [ , 20_] in accordance with Article 2.3 of the General Conditions. ' 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also ' recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR ' shall pay OWNER as follows: 3.2.1 Liquidated Damages Amount for each calendar day that the Work is not complete within the time constraints specified in Article 3.1 of this Agreement. Completion shall be as defined in Article 3.1 of this Agreement ' T15.21649 -Albertville, MN Hunter's Pass Lift Station FORM OF AGREEMENT PAGE 00500-1 J '~ ARTICLE 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: Lump Sum of $ 127,600.00 (One Hundred Twenty-Seven Thousand, Six Hundred and zero cents DOLLARS) (With Bid Schedule Attachment) ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. ' S.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed). ' The initial Progress Payment shall be paid incoordination with the OWNER'S regular accounts payable schedule falling closest after the initial Progress Payment becomes due in accordance with Paragraph 14.4 of the General Conditions. Due to differences in the OWNER'S accounts payable cycle and start of construction, ' initial Progress Payment may cover a period of more than or less than one month of construction. After the initial Progress Payment, subsequent Progress Payments will be made monthly in accordance with the OWNER'S regular accounts payable schedule. ' 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with ' paragraph 14.7 of the General Conditions. 95% of Work completed (with the balance being retainage). 95% (with the balance being retainage) of materials and equipment not incorporated in the Work (but ' delivered suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). ' 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. ' S.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS. ' In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, ' performance or furnishing of the Work. ' T 15.21649 -Albertville, MN Hunter's Pass Lift Station FORM OF AGREEMENT PAGE 00500-2 ii G [~I J II~ J r r u u 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.2 of the General Conditions, and accepts the determination set forth in the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 6.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance of furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 7.1 Advertisement for Bids, Document 00020 7.2 Instructions to Bidders, Document 00100 7.3 Proposal, Document 00410 7.4 Bid Schedule, Document 00411 7.5 Bid Bond, Document 00420 7.6 Information Requested from Bidder, Document 00430 7.7 This Agreement, Document 00500 7.8 Exhibits to this Agreement (Exhibit A -Bid Schedule). 7.9 Performance Bond, Document 00610. 7.10 Payment Bond, Document 00620. 7.11 Notice of Award, Document 00630. 7.12 General Conditions, Document 00700 7.13 Supplemental Conditions, Document 00800 ' T15.21649 -Albertville, MN Hunter's Pass Lift Station FORM OF AGREEMENT PAGE 00500-3 n 7.14 Specifications in the Project Manual dated 20 and consisting of all sections as listed in the table of contents thereof. 7.15 Drawings, consisting of _ sheets numbered _ through _, inclusive with each sheet bearing the following ' 7.16. general title and dated 20 . Addenda: No.: 1 Dated: June 24 2005 No.: Dated: 20 No.: Dated: 20 No.: Dated: 20 ' 7.17 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to _, inclusive). 7.18 Certificates of Insurance. ' 7.19 Documents which maybe executed after this Agreement is executed. 7.20 The following maybe delivered or issued after the Effective Date of the Agreement and are not attached ' hereto: 20 7 1 N ti t P d . . o ce o rocee . 7.20.2 Written Amendments and Change Orders as signed by all parties to this Agreement. ' 7.20.3 Written Field Orders and written Engineer's interpretations and/or clarifications. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only ' be amended, modified or supplemented as provided in Paragraphs 3.4 and 3.5 of the General Conditions. ARTICLE 8. MISCELLANEOUS. ' 8.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction maybe limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. ' 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. ' 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. l T15.21649 -Albertville, MN Hunter's Pass Lift Station FORM OF AGREEMENT PAGE 00500-4 7 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One ' counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf: This Agreement will be effective on , 20 (which is the Effective Date of the Agreement). OWNER: ~ CONTRACTOR: ~ C S ~ n 1 V~ ~I~ M n ~ , By: ~-- ~ By: Attest (CORPORATE SEAL) ' Address for giving notices: L C (CORPORATE SEAL) Attest Address for giving notices: 5975 Main Avenue NE 2154 Pike Lake Drive #1 Albertville, MN 55301 P. O. Box 120781 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) ' T 15.21649 -Albertville, MN Hunter's Pass Lift Station New Brighton, MN 55112 License No. Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) FORM OF AGREEMENT PAGE 00500-5 C u i SECTION 00510 -NOTICE OF AWARD (To Be Executed After Bid Is Awarded) ' TO: CCS Contracting, Inc. 2154 Pik L k i D #1 r e a e ve P. O. Box 120781 New Brighton, MN 55112 ~I i C PROJECT DESCRIPTION: Hunter's Pass Lift Station OWNER'S NAME: City of Albertville, MN The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated June, 2005, and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of $ 127,600.00. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER within fifteen (15) days of this, the 7th day of July , 2005_. You must deliver to the OWNER 3 fully executed counterparts of the Agreement, including all the Contract Documents. Each of the Contract Documents must bear your signature. You must deliver with the executed Agreement acceptable Contract Security (Bonds), Certificate(s) of Insurance, and other required information. Within ten days after you comply with the above conditions, the OWNER will return to you one fully executed counterparts of the Agreement. Dated this 7th day of July, 20 OS . City of Albertville, MN BY: Paul Saffert TITLE: Proiect Engineer ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by , this, the _ day of , 20_. T15.21649 -Albertville, MN Hunter's Pass Lift Station BY: TITLE: NOTICE OF AWARD PAGE 00510-1 r SECTION 00520 -NOTICE TO PROCEED (To be Executed after Contract Bonds and Insurance Certificates are approved) TO: DATE: PROJECT: Hunter's Pass Lift Station Albertville, MN You are hereby notified to commence WORK in accordance with the Agreement dated 20_. The Contract Time shall commence to run on , 20_. WORK shall proceed in accordance with the dates set forth in Article 3 of the Agreement and all other provisions of the Contract Documents. BY: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by , this, the day of , 20_. BY: T15.21649 -Albertville, MN Hunter's Pass Lift Station NOTICE TO PROCEED PAGE 00520-1 C L ii r Bond No. Bda 691526 SECTION 00610 -PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address}: CCS Contracting, Inc. 2154 Pike Lake Drive #1 New Brighton, MN 55112 OWNER (Name and Address SURETY (Name and Address of Principal Place of BusinessZ AMCO Insurance Company 1100 Locust Street Des Moines, IA 50391-2006 City of Albertville ' Albertville City Hall, 5875 Main Ave. NE Albertville, MN 55301 ' CONSTRUCTION CONTRACT Date: July 7, 2005 ' Amount: One Hundred Twenty Seven Thousand Six Hundred and no/100 Dollars ($127,600.00) Description (Name and Location}: Hunter's Pass Lift Station, Albertville, MN ' BOND Date (Not earlier than Construction Contract Date): July 14, 2005 ' Amount: One Hundred Twenty Seven Thousand Six Hundred and no/100 Dollars ($127,600.00) Modification to this Bond Form: Paragraph 4.4.2 is hereby deleted and may not be relied upon b~y_partv to this ' Contract and Bond. ' ~ CONTRACTOR AS PRINCIPAL ~ ~~Q~ SURETY CCS Contracting, Inc. ~{~~~ AMCO Insurance Company (Seal) ' Bidder s Name and Corporate Seal ~'tY Surety s Name and Corporate Seal ' Signature and Title S' a re and tle Amy J • Nordaune Attorney-i n-Fact CONTRACTOR AS PRINCIPAL SURETY ' (Seal) (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature and Title Signature and Title ' T15.21649 -Albertville, MN PERFORMANCE BOND Hunter's Pass Lift Station PAGE 00610-1 7 I . The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3. I . The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contmctor Default and has requested and attempted to arrange a conference with the Contractor and the Swety to be held not later than fifteen days after receipts of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2. The Owner has declared a Contractor Default and formally terminated the Conhactor's right to complete the contract. Such Contractor Default shall not be declared earher than twenty days after the Contmctor and the Swety have received notice as provided in Subparagraph 3.1; and 3.3. The Owner has agreed to pay the Balance of the Contract Price to the Swety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Swety shall promptly and at the Swety's expense take one of the following actions: 4.1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contmct; or 4.2. Undertake to perform and complete the Construction Contract itself; through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secwed with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the resulting from the Contractor's default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or •7.~ ..F 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perforn its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elected to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the Contmctor for correction of defective work and completion of the Construction Contract: 6.2. Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Swety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontractors, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1. Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Constmction Contract after all proper adjustments have been made, including allowance to the Contmctor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contmctor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Conhact Documents and changes thereto. 12.3. Contractor Default: Failure of the Contmctor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contmct. 12.4. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contractor to perform and complete or comply with the other terms thereof. ~I~ J 1 C L L ii fl n T15.21649 -Albertville, MN Hunter's Pass Lift Station PERFORMANCE BOND PAGE 00610-2 ~I~ C'~ r 1 J SECTION 00620 -PAYMENT BOND Bond No. Bda 691526 Any singular reference to the Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address SURETY (Name and Address of Principal Place of Business): CCS Contracting, Inc. AMCO Insurance Company 2154 Pike Lake Drive #1 New Brighton, MN 55112 1100 Locust Street Des Moines, IA 50391-2006 OWNER (Name and Address City of Albertville Albertville City Hall, 5875 Main Ave. NE Albertville, MN 55301 CONSTRUCTION CONTRACT Date: July 7, 2005 Amount: One Hundred Twenty Seven Thousand Six Hundred and no/100 Dollars ($127,600.00) Description (Name and Location): Hunter's Pass Lift Station, Albertville, MN BOND Date (Not earlier than Construction Contract Date): July 14, 2005 Amount: One Hundred Twenty Seven Thousand Six Hundred and no/100 Dollars ($127,600.00) Modification to this Bond Form: None. CONTRACTOR AS PRINCIPAL Q P`~' ~ `~` CCS Contracting, Inc. ~~ insurance Corlpany (Seal) Bidder's Name and Corporate Seal ~,i~rSS surety's Name and Corporate `Seal By: "- ~ By: ` ~ - - Signature and Title ign re and itle Amy J. Nordaune Attorney-in-Fact CONTRACTOR AS PRINCIPAL SURETY Bidder's Name and Corporate Seal (Seal) ' By. r Signature and Title T 15.21649 -Albertville, MN Hunter's Pass Lift Station Surety's Name and Corporate Seal By: Signature and Title (Seal) PAYMENT BOND PAGE 00620-1 i 1. The Contractor and the Surety, jointly and severally, bind Construction Contract and to satisfy claims, if any, under any e themselves, their heirs, executors, administrators, successors Construction Performance Bond. By the Contractor furnishing and assigns to the Owner to pay for labor, materials and and the Owner accepting this Bond, they agree that all funds equipment furnished for use in the performance of the earned by the Contractor in the performance of the Construction Construction Contract, which is incorporated herein by Contract are dedicated to satisfy obligations of the Contractor ' reference. and the Surety under this Bond, subject to the Owner's priority 2. With respect to the Owner, this obligation shall be null and void to use the funds for the completion of the work. if the Contractor: 9. The Surety shall not be liable to the Owner, Claimants or others 2.1 Promptly makes payment, directly or indirectly, for all for obligations of the Contractor that are unrelated to the ' sums due Claimants, and Construction Contract. The Owner shall not be liable for 2.2 Defends, indemnifies and holds harmless the Owner from payment of any costs or expenses of any Claimant under this claims, demands, liens or suits by any person or entity Bond, and shall have under this Bond no obligations to make whose claim, demand, lien or suit is for payment for payments to, give notices on behalf of, or otherwise have labor, materials or equipment furnished for use in the obligations to Claimants under this Bond. performance of the Construction Contract, provided the 10. The Surety hereby waives notice of any change, including Owner has promptly notified the Contractor and the changes of time, to the Construction Contract or to related Surety (at the address described in Paragraph 12) of any subcontracts, purchase orders and other obligations. t claims, demands, liens or suits and tendered defense of I I. No suit or action shall be commenced by a Claimant under this such claims, demands, liens or suits to the Contractor and Bond other than in a court of competent jurisdiction in the the Surety, and provided there is no Owner Default. location in which the work or part of the work is located of after 3. With respect to Claimants, this obligation shall be null and void the expiration of one year from the date (1) on wlch the , if the Contractor promptly makes payment, directly or Claimant gave the notice required by Subparagraph 4.1 or indirectly, for all sums due. Clause 4.2 (iii), or (2) on which the last labor or service was 4. The Surety shall have no obligation to Claimants under this performed by anyone or the last materials or equipment were Bond until: furnished by anyone under the Construction Contract, ' 4.1 Claimants who are employed by or have a direct contract whichever of (1) or (2) first occurs. If the provisions of this with the Contractor have given notice to the Surety (at the p~gmph are void or prohibited by law, the minimum period of address described in Paragraph 12} and sent a copy or (imitation available to sureties as a defense in the jurisdiction of , notice thereof, to the Owner, stating that a claim is being the suit shall be applicable. e made under this Bond and, with substantial accuracy, the 12. Notice to the Surety, the Owner or the Contractor shall be amount of the claim. mailed or delivered to the address shown on the signature page. 4.2 Claimants who do not have a direct contract with the Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient Contractor: compliance as of the date received at the address shown on the ' I. Have famished written notice to the Contractor and signature page. sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last 13. When this Bond has been furnished to comply with a statutory famished materials or equipment included in the or other legal requirement in the location where the construction claim stating, with substantial accuracy the amount was to be performed, any provision in the Bond conflicting with ' , of the claim and the name of the party to whom the said statutory or legal requirement shall be deemed deleted materials were furnished or supplied or for whom the herefrom and provisions conforming to such statutory or other labor was done or performed: and legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be constmed as a statutory bond 2. Have either received a rejection in whole or in part and not as a common law bond. ' from the Contractor or not received within 30 days of 14. Upon request by any person or entity appearing to be a potential furnishing the above notice any communication from beneficiary of this Bond, the Contractor shall promptly furnish the Contractor by which the Contractor has indicated a copy of this Bond or shall permit a copy to be made. the clahn will be paid duectly or indirectly; and ' 3. Not having been paid within the above 30 days, have 15. DEFINITIONS sent a written notice to the Surety (at the address 15.1 Claimant An individual or entity having a direct contract described in Paragraph 12) and sent a copy, or notice with the Contractor or with a subcontractor of the thereof, tc the Owner, stating that a claim is being Contract to furnish labor, materials or equipment for use ' made wider this Bond and enclosing a copy of the in the performance of the Contract. The intent of this previous written notice fuunished to the Contractor. Bond shall be to include without limitation in the terms 5. if a notice required by Paragraph 4 is given by the Owner to the "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental Contractor to the Surety, that is sufficient compliance. equipment used in the Construction Contract, ' 6. When the Claimant has satisfied the conditions of Paragraph 4, architectural and engineering services required for the Surety shall promptly and at the Surety's expense take the performance of the work of the Contractor and the following actions: Contractor's subcontractors, and all other items for which 6.1 Send an answer to the Claimant, with a copy to the a mechanic's lien may be asserted in the jurisdiction ' Owner, within 45 days after receipt of the claim, stating where the labor, materials or equipment were furnished. the amounts that are undisputed and that basis for 15.2 Construction Contract: The agreement between the Owner challenging any amounts that are disputed. and the Contractor identified on the signature page, 6.2 Pay or ar•ange for payment of any undisputed amounts. including all Contract Documents and change thereto. ' 7. The Surety's total obligation shall not exceed the amount of this 15.3 Owner Default: Failure of the Owner, which has neither Bond, and the amount of this Bond shall be credited for any been remedied nor waived, to pay the Contractor as payments made in good faith by the Surety. required by the Construction Contract or to perform and 8. Amounts owed by the Owner to the Contractor under the complete or comply with the other teems thereof. ' Consh~uction Contract shall be used for the performance of the T15.21649 -Albertville, MN PAYMENT BOND , Hunter's Pass Lift Station PAGE 00620-2 u u ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of County of } On this personally comes acknowledges to me that he_ executed the same. day of , in the year ,before me to me known and known to me to be the person who is described in and executed the foregoing instrument, and Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) ' State of County of } e On this day of , in the year ,before me personally come(s) , ' a member of the co-partnership of , to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he/she executed the same as the act and deed of the said co-partnership. ' Nota~,~~ , ~ ~ c ACKNOWLEDGMENT OF PRINCIP~ :~eion/LLC) State of , ~ v=~~~" r~~, ,~~ ~o~~ sh G County of Itia~ j~> } ' On this ~;.,t1 t t day of ~ ,~~.-y , in the year ~ t:^:~ ,before me personally come(s) }~° e ~ ,, ~-- ~J ~ _ ~ ~:~ ~-., .' . ,-.:~ , ' to me known, who being duly sworn, deposes and says that he/she resides in the City of ~~~'~ °''~-=y='''~-'~ that he/she is the t:,) '~-~ 'a~~~= ~_'~ of the ~,:. ~ `~.> ~-,: °"~-~ ~_~ ~~ ~ ~~ ~-~ ~'~ the corporation described in and which executed the foregoing instrument; that he/she knows the sealt ' corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order. ,°_-_.~, `. A~TR.ICK A. RUNYON ~-" ` ~~~.ti~ ~* ~~~ r~Y Notary Pubiic Nota Public ' ~` WGmesota D' My mmisston Expires Jan. 31,2006 C~ [] i J 0 Bond No. Bda 691526 Power of Attorney KNOW ALL MEN BY THESE PRESENTS That AlUICO Insurance Company, a corporation organized under the laws of the State of Iowa, with its principal office in the City of Des Moines, Iowa, hereinafter called "Company°, does hereby make, constitute and appoint JACK L. ANDERSON AMY J. NORDAUNE GEOFFREY HATHAWAY RITA MARIE JORGENSON BRENDA MARIE RISA RONAE M. ROSE MONTEVIDEO MN each in his individual capacity, its true and lawful Attorney-In-Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaranteeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of TWO MILLION FIVE HUNDRED THOUSAND AND NO f 100 DOLLARS ($ 2,500,000.00 ) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized oflcers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE 7 EXECUTION OF CONTRACTS "Section 7.4 Instruments Issued by the Corporation. Bonds, undertakings, and other obligatory instruments of similar nature, other than insurance policies and insurance endorsements, issued by the Corporation shall be validly executed and binding on the Corporation when signed by the President or a Vice President or by the Attorney(s)-In-Fact appointed by the President or by a Vice President." "Section 7.5 Appointment of Agents. The President or a Vice President shall have the power to appoint agents of the Corporation, or other persons, as Attorney(s)-In-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar nature, other than insurance policies and endorsements, with full power to bind the Corporation by their signature and execution of any such instrument. The appointment of such Attorney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President or the Vice President." This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE 7 EXECUTION OF CONTRACTS "Section 7.6 Verifications . The Secretary, or any Assistant Secretary, is authorized to certify that any such Power of Attorney signed is validly executed and binding on the Corporation and to certify that any bond, undertaking, or obligatory instrument of similar nature, other than insurance policies and endorsements, to which the Power of Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation, according to its terms, when executed by Attorney(s)-In-Fact appointed by the President or Vice President." "Section 7.7 Use of Corporate Seal. It shall not be necessary to the valid execution and binding effect on the Corporation of any bond, undertaking, or obligatory instrument of similar nature, other than insurance policies and endorsements, signed on behalf of the Corporation by the President or a Vice President, or Attorney(s)-In-Fact appointed by the President or a Vice President, or of any Power of Attorney executed on behalf of the Corporation appointing Attorney(s)-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary or an Assistant Secretary, as hereinabove in Sections 7.4, 7.5, and 7.6 provided, that the corporate seal be affixed to any such instrument, but the person authorized to sign such instrument may affix the corporate seal. A facsimile corporate seal affixed to any such instrument shall be as effective and binding as the original seal." "Section 7.8 Other Facsimile Signatures. A facsimile signature of the President or of a Vice President affixed to any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President or a Vice President, as herein in Sections 7.4 and 7.5 provided, or a facsimile signature of the Secretary or of an Assistant Secretary to any certificate as herein in Section 7.6 provided, shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such officers." "Section 7.9 Former Officers. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any insurance policy or insurance endorsement, any bond or undertaking, any Power of Attorney or certificate, as herein in Sections 7.1, 7.2, ?.4, 7.5, and 7.6 provided." IN WITNESS WHEREOF, the Company has caused these presents to be signed by its Vice President and its corporate seal to be hereunto affixed this 29 day of «gjwE 2005 ~ `"""°" ~ AMCO INSURANCE CONIPANY ~ ~ SEAL: ~ STATE OF IOWA f''t;,..9.:c; ~ By: f Vice President COUNTY OF POLK ss ~~ o.,~ On this 29 day of JUNE , 20a~ before me personally came Brett Harman, to me known, who, being by me duly sworn, did depose and say that he is Vice President of AMCO Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation, that the seal affixed to said instrument is such corporation seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and~th,,at~/h~e~has signed his name thereto pursuant to like authority, and acknowledged the same to be the act and deed of said corporation., fir'""'~' y~rz Sandy Alitz i NG Notary Public in and for the St e of Iowa `o`"` t~Y1ACti24 200! CERTIFICATE I, the undersigned, Assistant Secretary of AMCO Insurance Company, a corporation organized under the laws of the State of Iowa, do hereby certify that the foregoing Power of Attorney is still in force, and further certify that Sections 7.4 through 7.9 inclusion of Article 7 of the By-Laws of the Company set forth in said Power of Attorney are still in force. IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the company this 14th day o£ July 2005. ~~~ ~!~*,.\ i~o.•....,-~ ~ 24557 • :~ ~°A_ ak,F :r-{ This Po~x~er of Attorney expires / : gEpLi / Assistant Secretary 03~24JG7 ~~ " '.rHO,o'~ t Bda I (04-00) 00 ~~~~~ 0 u i C 0 C C L _~II~ 0 C~ 1 ACKNOWLEDGEMENT OF SURETY STATE OF MINNESOTA COUNTY OF CHIPPEWA On this 14th day of July 2005 ,before me, a Notary Public within and for said County, personally appeared Amy J. Nordaune to me personally known, who being by me duly sworn he/she did say that he/she is the attorney-in-fact of AMCO Insurance Company , the corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by authority of its Board of Directors and said Amy J. Nordaune acknowledged said instrument to be the free act and deed of said corporation. ~~ ~ . NOTAR Y PUBLIC My Commission Expires ``~' iiEBEtxA d PISA ~~ Nf)TARY PUBtlC • Y80Tl1 My Coma~taa 6~piet J~ 33.2010 ~I 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 A C E C National Society of American Society Professional Engineers ~~~~ nMrR,<.t c:>r;~~ ~r <,r Fnc:,veex,NC Coaaraxres Prvlessiona/ Engineers in Private Practice of Civil Engineers 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 1' Knowledge for Creating and Sustaining ' the Built Environment Construction Specifications Institute EJCDC C-700 Standard C,eneral Conditions of the Construction Contract. ' Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 1 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 (No. C-800) (2002 Edition). i r 0 L EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. ' 00700 - 2 7 r r u i r TABLE OF CONTENTS Paee ARTICLE 1 -DEFINITIONS AND TERMINOLOGY ................................................................................................ ..............6 1.01 Defined Terms ............................................................................................................................................. .............6 1.02 Terminology ................................................................................................................................................ .............8 ARTICLE 2 -PRELIMINARY MATTERS ................................................................................................................... .............9 2.01 Delivery of Bonds and Evidence oflnsurance .........................................................................................................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 2.06 Preconstruction Conference ........................................................................................................................ .............9 2.07 Initial Acceptance of Schedules .................................................................................................................. .............9 ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............................................................ ...........10 3.01 Intent ........................................................................................................................................................... ...........10 3.02 Reference Standards ................................................................................................................................... ...........10 3.03 Reporting and Resolving Discrepancies ..................................................................................................... ...........10 3.04 Amending and Supplementing Contract Documents ................................................................................... ........... l l 3.05 Reuse of Documents .................................................................................................................................... ...........11 3.06 Electronic Data ........................................................................................................................................... ........... l l ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ..................................................................................... ...........11 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 4.06 Hazardous Environmental Condition at Site ............................................................................................... ..........13 ARTICLE 5 -BONDS AND INSURANCE ................................................................................................................... ..........14 5.01 Performance, Payment, and Other Bonds .................................................................................................... ..........14 5.02 Licensed Sureties and Insurers .................................................................................................................... ..........15 5.03 Certificates oflnsurance .............................................................................................................................. ..........15 5.04 Contractor's Liability Insurance .................................................................................................................. ..........15 5.05 Owner's Liability Insurance ........................................................................................................................ ..........16 5.06 Property Insurance ...................................................................................................................................... ..........16 5.07 Waiver of Rights ........................................................................................................................................... ..........17 5.08 Receipt and Application of Insurance Proceeds .......................................................................................... ..........17 5.09 Acceptance of Bonds and Insurance; Option to Replace ............................................................................. ..........17 5.10 Partial Utilization, Acknowledgment of Property Insurer ........................................................................... ..........18 ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES .........................................................................................:................18 6.01 Supervision and Superintendence ................................................................................................................. .........18 6.02 Labor; Working Hours .................................................................................................................................. .........18 6.03 Services, Materials, and Equipment .......................................................................................................................18 6.04 Progress Schedule ......................................................................................................................................... .........18 6.05 Substitutes and "Or-Equals" ........................................................................................................................ .........19 6.06 Concerning Subcontractors, Suppliers, and Others ...................................................................................... .........20 6.07 Patent Fees and Royalties ............................................................................................................................. .........21 6.08 Permits .......................................................................................................................................................... .........21 6.09 Laws and Regulations ................................................................................................................................... .........21 6.10 Taxes ............................................................................................................................................................. .........22 6.11 U.se of Site and Other Areas .......................................................................................................................... .........22 6.12 Record Documents ........................................................................................................................................ .........22 6.13 Safety and Protectlon .................................................................................................................................... .........22 6.14 Safety Representative .................................................................................................................................... .........23 6.15 Hazard Communication Programs ............................................................................................................... .........23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 3 6.16 Emergencies .................................................................................................................................................... .......23 6.17 Shop Drawings and Samples ........................................................................................................................... .......23 6.18 Continuing the Work ....................................................................................................................................... .......24 6.19 Contractor's General Warranty and Guarantee ............................................................................................. .......24 6.20 Indemnification ............................................................................................................................................... .......24 6.21 Delegation of Professional Design Services ................................................................................................... .......25 ARTICL E 7 -OTHER WORK AT THE SITE .................................................................................................................. .......25 7.01 Related Work at Site ........................................................................................................................................ .......25 7.02 Coordination ................................................................................................................................................... .......26 7.03 Legal Relationships ......................................................................................................................................... .......26 ARTICLE 8 -OWNER'S RESPONSIBILITIES ................................................................................................................ ......26 8.01 Communications to Contractor ........................................................................................................................ ......26 8.02 Replacement of Engineer ................................................................................................................................. ......26 8.03 Furnish Data .................................................................................................................................................... ......26 8.04 Pay When Due ........................................................................................................................................................26 8.05 Lands and Easements; Reports and Tests ........................................................................................................ ......26 8.06 Insurance .......................................................................................................................................................... ......26 8.07 Change Orders ................................................................................................................................................. ......26 8.08 Inspections, Tests, and Approvals .................................................................................................................... ......26 8.09 Limitations on Owner's Responsibilities .......................................................................................................... ......27 8.10 Undisclosed Hazardous Environmental Condition .......................................................................................... ......27 8.11 Evidence ojFinancial Arrangements ............................................................................................................... ......27 ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION ............................................................................... ......27 9.01 Owner's Representative ................................................................................................................................... ......27 9.02 Visits to Site ...................................................................................................................................................... ......27 9.03 Project Representative ..................................................................................................................................... ......27 9.04 Authorized Variations in Work ......................................................................................................................... ......27 9.05 Rejecting Defective Work ................................................................................................................................. ......27 9.06 Shop Drawings, Change Orders and Payments ............................................................................................... ......28 9.07 Determinations for Unit Price Work ................................................................................................................ ......28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ...................................................28 9.09 Limitations on Engineer's Authority and Responsibilities ................................................................................ .....28 ARTICLE 10 -CHANGES IN THE WORK; CLAIMS ...........................................................................................................28 10.01 Authorized Changes in the Work ....................................................................................................................... .....28 10.02 Unauthorized Changes in the Work .................................................................................................................. .....29 10.03 Execution of Change Orders .............................................................................................:............................... .....29 10.04 Notification to Surety ........................................................................................................................................ .....29 10.05 Claims ............................................................................................................................................................... .....29 ARTICLE 11 -COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ............................................................. .....30 11.01 Cost of the Work ................................................................................................................................................ .....30 11.02 Allowances ........................................................................................................................................................ .....31 11.03 Unit Price Work ................................................................................................................................................ .....31 ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ................................................ .....32 12.01 Change of Contract Price ................................................................................................................................. .....32 12.02 Change of Contract Times ................................................................................................................................ .....33 12.03 Delays ............................................................................................................................................................... .....33 ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.. .....33 13.01 Notice of Defects ............................................................................................................................................... .....33 13.02 Access to Work .................................................................................................................................................. .....33 13.03 Tests and Inspections ........................................................................................................................................ .....33 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 .............................................................................................................................................. ....34 13.08 Acceptance of Defective Work ........................................................................................................................... ....35 13.09 Owner May Correct Defective Work .................................................................................................................. ....35 ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION ........................................................................... ....36 14.01 Schedule of Values ............................................................................................................................................. ....36 14.02 Progress Payments ............................................................................................................................................. ....36 14.03 Contractor's Warranty of Title .......................................................................................................................... ....37 14.04 Substantial Completion ...................................................................................................................................... ....37 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 4 r 7 7 J u 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 instnunent 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 fi-iable 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 fmal payment as evidenced by Engineer's written recommendation of fmal payment. 15. Contractor--The individual or entity with whom Owner has entered into the Agreement. 16. Cost of 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. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 6 J il~ 1 n 0 0 u i~~ n 0 u n J u n 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 Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 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 standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 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 for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material--Source, special nucle- ar, 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 Engineer 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 standards 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 are designated for the use of Contractor. 43. Specifications--That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. ______ __ 00700-7 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 at the Site. 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 part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 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, materiahnan, 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 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 A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the 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). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 8 L fl 0 1 ri n L._~I' 0 1 ~. 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 fmal 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 clearly 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 Bonds 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 fiu-nish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a 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 Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 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. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.OS.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 9 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 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract 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. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, 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 b. the provisions of any Laws or Regulations applicable to the performance of the Work EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 10 L' J u i ii l 1 u (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 Che receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party,. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 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. ' Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. oo7ou - tt 4.02 Subsurface 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 Paragraph 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 0 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. , 00700 - 12 ~J fl 0 i~ u fl 1 1 c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary 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 aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and 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: EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for E.ICDC. All rights reserved. 00700 - 13 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 Hazardous 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 Hazazdous 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 Hazazdous 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 azea affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected azea 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. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the 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 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 chazges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 1. The provisions of Pazagraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 -BONDS AND INSURANCE 0 `~ t/ u f] 5.01 Performance, Payment, and Other Bonds ' A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the ' Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect ' until one year after the date when final payment becomes due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. ____ _ 00700 - 14 0 ~,II u fl 0 0 0 n n n 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 are 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 Paragraph 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 limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as maybe provided in the Supplementary Conditions. 5.03 Certificates 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 C'ontractor'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 Paragraphs 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, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. Alt rights reserved. 00700 - 15 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 fmal 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 t7rvner's Liability Insurance 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: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by 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; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until fmal 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 listed 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 C CSI C~ u u u u fl 0 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. ' 00700 - 16 ~I i fl n i 0 0 n ii 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 Z. 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 fmal 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 loss 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. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 17 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 Nours 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. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 18 ii 0 0 C ii ii n 0 0 l 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- ments 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. 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 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. 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 Paragraph 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 19 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 similar 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.OS.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 Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified maybe 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 part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual I'~J ii n n 0 0 0 i ~~ EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. Ali rights reserved. ' 00700 - 20 7 J 7 0 L 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 or 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 Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the 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 charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations 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 engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 21 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction 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 areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the 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 clarifications 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 necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- u ii f r C f C 0 u u EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. ' 00700 - 22 ' 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 Shop Drawings 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. ' Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 23 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- 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 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, 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 fmal 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; 1 r r 0 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 24 n 0 J fl i u u C 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 maybe liable . B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any 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 Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. 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 l O.OS. 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 EJCDC C-700 Standard General Conditions of the Construction Contract. ' Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 25 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 are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. [l r u 7 I~ EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. ' 00700 - 26 ' 8.09 Limitations on Owner's Responsibilities Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. L 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 B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. n i~ r n 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 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 9.03 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 are 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 parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 27 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.O5.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be 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 omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.47.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 A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. _____ 00700 - 28 f n I~~ I~ n n 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 Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party 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 parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. 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. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 29 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 11.01.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 fi-inge 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 legai holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and 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 market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such 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. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 30 n ~I~ L r ii 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 be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01 .C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 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 maybe 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 fmal 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. EJCDC C-700 Standard General Conditions of the Construction Contract. ' Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 31 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 Paragraph 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 Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.O1.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 i 1.O1.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.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 incurred 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 11.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 Paragraphs 12.O1.C.2.a through 12.O1.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 32 rl n [l 0 u ii 'I I~ [l 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 Tirnes will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as 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 charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. 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 Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 33 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 charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. n 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 all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 34 LII u n I~ 7 J ~i~ 0 n 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 particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of fmal 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 fmal payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted, If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take 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, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C-700 Standard General Conditions of the Construction Contract. ' Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 35 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 fmal 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. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 36 0 u CI 0 ii 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: 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 clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, 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. 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.S.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. 0 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. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. ---_ _ _ _ 00700 - 37 Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following 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 part 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 part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Finallnspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating 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 fmal payment following the procedure for progress payments. 2. The fmal 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 fmal 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 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 38 u i~ ~I n i C n ~II i 0 0 0 7 ~I~ ~~~ 7 u u ii 0 0 0 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 final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying 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 fixlly 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 Paragraph 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 Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 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. ' Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 007(10 - 34 3. complete the Work as Owner may deem expedient. 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.Ol.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 t7rvner 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 4. reasonable expenses drrectly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. i~ J i ii 0 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 fmally 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. - - __ 00700 - 40 i i n 0 0 0 u u ~I 0 ii ii 0 0 0 u becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 1 O.OS.E. I3. 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.O5.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 are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or 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 Contract Documents 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 guarantees 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 ternnation of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. III rights reserved. 00700 - 41 ~I~ ' PART 1 -- GENERAL 1.1 GENERAL iL L C L r 7 SECTION 00800 -SUPPLEMENTARY CONDITIONS A. These Supplementary Conditions amend or supplement the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (EJCDC C-700 (2002 Ed.)) 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. 1.2 DEFINED TERMS (GC-1.01) A. The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (EJCDC C-700 (2002 Ed.)) have the meanings assigned to them in the General Conditions. The following defmitions shall supplement the originals to expand their meaning: 1.O1.A.23 Hazardous Waste -This shall include all "Pollutants or Contaminants" and those materials specifically listed as hazardous by the U.S. Environmental Protection Agency, The Minnesota Pollution Control Agency, the Minnesota Department of Health and/or the Occupational Health and Safety Administration. 1.01.A.44 Subcontractor - An individual, firm or corporation having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the work whether at or away from the site. B. In contracts which involve issuance of a Purchase Order by the OWNER, a Notice to Proceed and Notice of Award may not be issued. In contracts involving issuance of a Purchase Order, the Effective Date of the Agreement shall be the date the OWNER issues the Purchase Order. 1.3 DELIVERY OF PROOF OF INSURANCE (GC-2.01) A. The following Sentence shall be added immediately after Paragraph 2.O1.B of the General Conditions. 2.01.B "At the time the CONTRACTOR delivers all certificates of insurance and other proof of insurance to OWNER, the CONTRACTOR shall include evidence of the carrier's "AM BEST" rating of A-VIII or better, as may be required by the General Conditions and/or these Supplemental Conditions." 1.4 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED (GC-2.03) A. In contracts involving issuance of a Purchase Order, the Contract Time will commence to run on the date the Purchase Order is issued. 1.5 CANCELLATION OF AWARD (GC-2.04) A. The following Paragraph 2.04.B shall be added immediately after Paragraph 2.04.A of the General Conditions. 2.04.B The OWNER reserves the right to cancel the award of any Contract at any time before issuance of Notice to Proceed for said Contract without any liability against the OWNER, its agents, officials, employees or consultants. T15.21649 -Albertville, MN Hunter's Pass Lift Station SUPPLEMENTARY CONDITIONS PAGE 00800-1 u LI~ 1.6 BEFORE STARTING CONSTRUCTION (GC-2.05) A. In case of conflict between the "Standard General Conditions and Supplementary Conditions" and applicable federal regulations for federally assisted projects (including 40 CFR Part 31), the provisions of the federal regulations shall govern. 1.7 SUBSURFACE CONDITIONS (GC-4.02,4.03,4.04 AND GC-4.06) A. A subsurface soils test report is available at the office of the ENGINEER and located in Appendix A. This information should be used by the CONTRACTOR. This is available as reference only. B. There is no express or implied guarantee as to the accuracy or completeness of the subsurface information, nor of the interpretation thereof by the OWNER, the ENGINEER, or any of their representatives. Each prospective bidder shall make his own interpretation of subsurface information and shall, at his own expense, make any surveys and investigations as he may deem necessary to evaluate conditions which will affect performance of the work. C. Delete paragraph 4.03 and all of its subparagraphs in their entirety and insert the following paragraphs 4.03 A. and 4.03 B. in its place: 4.03 A. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either fits the material descriptions of paragraph 4.06 or is of an historic or paleontologic nature, 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 permitted by paragraph 6.15), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not fiirther disturb such conditions or perform any work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.03 B. CONTRACTOR shall not construe this paragraph 4.03 or any of its subparagraphs to infer that a contract change maybe made for varying subsoil types or for varying groundwater levels. D. PHYSICAL CONDITIONS -UNDERGROUND FACILITIES (GC-4.04) 1. The following Paragraphs 4.04.C through 4.04.G shall be added immediately after Paragraph 4.04.B of the General Conditions. 4.04.C The CONTRACTOR maybe required to make certain exploratory excavations ahead of the construction to locate underground utilities such as existing water mains, sewer lines and services, gas mains, telephone lines and electrical lines. These excavations shall be made at the request and in the presence of the ENGINEER or his representatives in order that alignment and/or grade changes maybe made if deemed necessary. Any compensation for the cost of the exploratory excavations shall be considered incidental to the construction unless indicated otherwise in the Specifications. 4.04.D The CONTRACTOR shall notify the Gopher State One-Call Agency at least 48 hours prior to any excavation work in accordance with the requirements of that agency. 4.04.E No direct compensation will be paid by the OWNER for delays which may occur because of conflicts in grades with public or private utility lines; or, delays caused by private utility lines which may be found to be in conflict with the construction of the project. Further, the CONTRACTOR shall be prepared to cooperate with utility companies in any relocation or reconstruction of any portion of their lines within the construction zone, or directly affected by the construction of the project. 4.04.F The utility information shown on the Plan may not be complete and is furnished from information supplied by various utility companies as an indication of the presence of utility lines in the vicinity of construction. The CONTRACTOR is the sole party responsible for contacting the utility companies to i L CIS L_.JI T15.21649 -Albertville, MN SUPPLEMENTARY CONDITIONS Hunter's Pass Lift Station PAGE 00800-2 u ' determine the extent and exact location of their facilities and to ascertain whether they are likely to be affected by the construction. The CONTRACTOR shall review with them the location of their utilities within the project limits and shall discuss the intended progress. In the event of accidental damage to any such facility, the CONTRACTOR shall immediately notify the utility company and cooperate fully in ' whatever is necessary to repair such facility or restore service. 4.04.G The CONTRACTOR shall assume full responsibility for all damages to property of such character, resulting from any act, omission, neglect or misconduct in the execution or non-execution of the Work. E. HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE (GC-4.06) ' 1. Add the following language immediately prior to the first sentence of 4.06 C. of the General Conditions: The CONTRACTOR shall acknowledge that the cost of cleanup of newly exposed polluted or contaminated ' conditions is directly related to the extent of the exposure. The CONTRACTOR shall employ personnel who are trained in recognizing polluted or contaminated conditions. Failure to stop work in connection with newly exposed polluted or contaminated conditions will be construed to increase the CONTRACTOR'S liability relative to cleanup of continued construction beyond the time of initially ' uncovering the polluted or contaminated condition. F. HISTORIC OR PALEONTOLOGIC CONDITIONS (GC-4.07) 1. Add the following language immediately after Paragraph 4.06.I of the General Conditions and before Article 5. 4.07.A Notice of Discovery of Historic or Paleontologic Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed is potentially of an historic or paleontologic nature, 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 permitted by Paragraph 6.16), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any work in connection therewith (except as aforesaid) until receipt of written order to do so. ' 1.8 CONTRACT BONDS, WORKMEN'S COMPENSATION AND INSURANCE (ARTICLE 5) A. Contract Bond ' 1. The CONTRACTOR shall furnish a performance bond and a labor and material payment bond to the OWNER for the full amount of the Contract price. This bond shall have a maintenance guarantee for a period of one year from fmal completion. ' 2. Under this maintenance guarantee, the OWNER shall waive subrogation rights against the CONTRACTOR, Subcontractors, and ENGINEER. ' B. Liability Insurance 1. 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 ' policies of insurance (except Workmen's Compensation Insurance, in which case a certificate of insurance is adequate) to the OWNER at the time he executes the Contract. Insurance policies shall be from an insurance company having an "AM BEST" rating of A- and FSC VIII or better. 2. The CONTRACTOR shall not commence work nor shall he allow his employees or Subcontractors or anyone to commence work until all required insurance has been obtained and certificates of insurance submitted to the OWNER. C T15.21649 -Albertville, MN Hunter's Pass Lift Station SUPPLEMENTARY CONDITIONS PAGE 00800-3 r L 3. 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. 4. The limits of liability for the insurance required by paragraph 5.04 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. (a) Workers' Compensation, etc., under paragraphs 5.04.1 and 5.04.2 of the General Conditions: (1) State: Statutory (2) Applicable Federal (e.g. Longshoreman's): Statutory (3) Employer's Liability: $500,000 (4) Include right of subrogation against OWNER or its employees for any injury to a covered employee while working on OWNER`s premises. (b) Comprehensive General Liability under paragraphs 5.04.3 through 5.04.5 of the General Conditions which shall also include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody, and control of the contractor: $2,000,000 General Aggregate (Except Products-Completed Operations) $1,000,000 Products-Completed Operations Aggregate $1,000,000 Personal and Advertising Injury (Per Person/Organization) $1,000,000 Each Occurrence (Bodily Injury and Property Damage) - Property Damage liability insurance will provide Explosion, Collapse and Underground coverages where applicable. - Excess Liability $5,000,000 General Aggregate $5,000,000 Each Occurrence - Personal Injury, with employment exclusion deleted: $2,000,000 Annual Aggregate (c) Comprehensive Automobile Liability under paragraphs 5.04.6 of the General Conditions: - Bodily Injury: $1,000,000 Each Person $2,000,000 Each Occurrence - Property Damage: $1,000,000 Each Occurrence or combined single limit of $3,000,000 C. Contractual Liability Insurance 1. The Contractual Liability required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts: $1,000,000 General Aggregate $1,000,000 Each Occurrence (Bodily Injury and Property Damage) D. Owner's Liability Insurance 1. The OWNER and ENGINEER shall be named and listed as additional insureds on the CONTRACTOR'S general liability policy. The inclusion of more than one named insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded J J J J T15.21649 -Albertville, MN SUPPLEMENTARY CONDITIONS ' Hunter's Pass Lift Station PAGE 00800-4 ' shall apply as though separate policies had been issued to each insured. The CONTRACTOR agrees to defend and indemnify the OWNER and the ENGINEER for claims arising out of or relating to the CONTRACTOR'S work under the contract. The CONTRACTOR further agrees to indemnify the OWNER or the ENGINEER for defense costs incurred in defending any claims, ' unless the OWNER is determined to be at fault. 2. The OWNER endorsement as additional insureds or CONTRACTOR'S Liability Policy shall state the endorsement refers to "OWNER and/or its subsidiaries, associated, affiliated, owned, or ' controlled companies as now or hereafter constituted with respect to PROJECT." The 2004 Edition of ISO Additional Insured Endorsement CG 2010 is not acceptable. If ISO Additional Insured Endorsement CG 2010 is used then it must be a pre-2004 edition. ' 3. If the CONTRACTOR is unable to obtain appropriate coverage as an additional insured for the OWNER and the ENGINEER, then the CONTRACTOR shall purchase a separate "OWNERS and CONTRACTOR'S PROTECTIVE LIABILITY POLICY". ' E. "All-Risk" Property Insurance 1. CONTRACTOR shall purchase and maintain until fmal payment property insurance upon the ' Work at the site to the full insurable value thereof (subject to such deductible amounts as maybe provided in these Supplemental 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 insureds 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 maybe provided in these Supplemental 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 but not limited to fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all- ' risk" insurance or otherwise provided in these Supplemental 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. ' F. Boiler and Machinery Insurance 1. CONTRACTOR shall purchase and maintain such boiler and machinery insurance or additional property insurance as maybe required by the Supplemental 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 1. 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 1. 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 his 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 T15.21649 -Albertville, MN SUPPLEMENTARY CONDITIONS Hunter's Pass Lift Station PAGE 00800-5 0 the Insurance Policy, then a copy of policy exclusions must be submitted with the Insurance Certificate. 2. Errors and Omissions Coverage: Any insurance agent who signs the certificate of insurance shall furnish with it a certificate that the agent has Errors and Omissions coverage with limits of at least $600,000 per occurrence. 1.9 EQUIPMENT OR SUBSTITUTION (GC-6.05) A. Major items of 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. B. 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. C. 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. D. 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. E. The CONTRACTOR shall pay for all redesign costs associated with the retrofitting required for the installation and use of "or equal" equipment. 1.10 SUBCONTRACTORS AND SUPPLIERS (GC-6.06) A. Refer to Instructions to Bidders for any further requirements regarding subcontractor and supplier approval. 1.11 SEPARATE CONTRACTOR CLAIMS (GC-6.20) A. The following paragraph shall be added as Paragraph 6.20.D Separate Contractor Claims. 6.20D. 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 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 0 u i- n 0 0 0 T15.21649 -Albertville, MN SUPPLEMENTARY CONDITIONS Hunter's Pass Lift Station PAGE 00800-6 ' 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. 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 for activities that are their respective responsibilities. ' 1.12 ENGINEER'S STATUS DURING PERFORMANCE OF THE WORK (GC ARTICLE 9) A. This section is a supplement to Article 9-Engineer's Status During Construction of the General ' Conditions. B. Owner's Consultant ' 1. 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 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. C. Role as Interpreter 1. The ENGINEER will be the initial interpreter of the terms and conditions of the Contract ' Documents and the judge of the performance hereunder. 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. 2. 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. ' D. Communications With Contractor 1. All communications with the CONTRACTOR pertaining to performance of the work will normally be issued through the ENGINEER. r E. Resident Project Representative 1. If OWNER and ENGINEER agree that the ENGINEER will furnish a Resident Project ' Representative (RPR). Section 00801 will define the status of RPR for the project, including duties and limitation of authority. Nothing herein shall obligate the OWNER or the ENGINEER for the benefit of the CONTRACTOR to provide an RPR or other staff during the construction except as ' required by Paragraphs 1.9 B & C above in the Supplemental Conditions. 2. The Resident Project Representative will be either the ENGINEER or the ENGINEER'S agent, as so designated. The Resident Project Representative is responsible for assisting the Project ' Engineer in determining that the project is completed in accordance with the Plans and Specifications and Contract Documents. 3. 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 Representative. 4. Communications pertaining to day-to-day operations at the site shall be directed to the Resident ' Project Representative. T15.21649 -Albertville, MN SUPPLEMENTARY CONDITIONS Hunter's Pass Lift Station PAGE 00800-7 F. Authority to Disapprove or Reject Defective Work 1. 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. 2. 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. 3. The ENGINEER has the authority to disapprove or reject any defective workmanship, equipment, or material. 4. 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. G. Limitations on Engineer's Responsibilities 1. This article states the limitations on the ENGINEER'S responsibility as between the ENGINEER and the CONTRACTOR. 2. 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. 3. 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. 4. 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. 5. 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. 6. The review and acceptance of the CONTRACTOR'S compliance submittals by the ENGINEER will be understood to be only for conformance with the design concept, for compliance with the 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. H. Engineer's Pay Estimates 1. 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. 2. 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. J u fl L i 0 T15.21649 -Albertville, MN SUPPLEMENTARY CONDITIONS Hunter's Pass Lift Station PAGE 00800-8 u ' 3. 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. 1.13 UNIT PRICE WORK (GC-11.03) A. Delete Paragraph 11.03.C of the General Conditions in its entirety and insert the following Paragraph 11.03.C.1 in its place: ' 11.03.C.1 All quantities of work, whether increased or decreased, are to be performed at the unit prices bid and accepted. Any work item quantity may, at the OWNER'S discretion, be increased, decreased or eliminated without change in the accepted unit price, except however, that in the event that a reduction in ' quantity of a single work item constitutes a decrease of more than 20 percent of the value of the total contract (computed prior to the reduction), the CONTRACTOR may request a change in unit price for that work item to recover apro-rata share of fixed costs attributable to that work item. The request shall be in writing and shall be accompanied by evidence supporting the claim. In the event that an increase in ' quantity of a single work item constitutes an increase of more than 20 percent of the value of the total contract, the OWNER may request a change in unit price for that item to recover apro-rata share of excess fixed costs attributable to that work item. 1.14 DELAYS (GC-12.03) ' A. Delete Paragraph 12.03.B of the General Conditions in its entirety and replace it with the following: 12.03B If Owner, Engineer, or other contractors under direct contract with 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 Times. 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. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.B. ' 1.15 CONTRACT TIME AND LIQUIDATED DAMAGES (GC-ARTICLE 12) ' A. This section is a supplement to Article 12-CHANGES OF CONTRACT PRICE; CHANGE OF CONTRACT TIME B. The contract time and liquidated damages are stated in the Agreement. C. Time being an essential element of the Contract, it is hereby agreed that the OWNER will be entitled to damages for failure on the part of the CONTRACTOR to complete the work within the prescribed time. ' In view of the difficulty in making a precise determination of actual damages incurred, the CONTRACTOR will be assessed a daily charge in the amount stipulated, not as a penalty, but as liquidated damages to compensate for the additional costs incurred. ' D. In any suit involving assessment or recovery of liquidated damages, the reasonableness of daily charges shall be presumed and the amount assessed will be in addition to every other remedy not or hereinafter enforceable at law, in equity, by statute, or under the Contract. ' E. In the event that the work is not completed within the time constraints specified, the CONTRACTOR agrees to pay the OWNER liquidated damages for each calendar day that all work is not completed within the time constraints specified in the Agreement. This amount is in addition to the liquidated damages specified for substantial completion, if applicable. F. No liquidated damages will accrue during periods of authorized suspension. T15.21649 -Albertville, MN SUPPLEMENTARY CONDITIONS Hunter's Pass Lift Station PAGE 00800-9 G. Permitting the CONTRACTOR to continue and finish the work or any part of it after the time fixed for its completion shall not in any way operate as a waiver on the part of the OWNER of any of its rights under the contract. Neither by the act of taking over the work nor by annulment of the Contract shall the OWNER forfeit the right to recover liquidated damages from the CONTRACTOR or his Sureties. 1.16 LIQUIDATED DAMAGES (GC-12.04) A. Add the following Paragraph 12.04 immediately following Paragraph 12.03.E and before Article 13 of the General Conditions: 12.04 In the event that the work required by this Contract is not completed by the CONTRACTOR within the Contract Time, the CONTRACTOR agrees to pay the OWNER liquidated damages as indicated in the AGREEMENT. In action involving recovery of damages for delay, the reasonableness of daily, liquidated damage charges shall be presumed and the amount assessed will be in addition to every other remedy enforceable at law, in equity, by statute or under the Contract. 1.17 CORRECTION OR REMOVAL OF DEFECTIVE WORK (GC-13.06) A. Add the following text to the last sentience in Paragraph 13.06.B of the General Conditions: "..., or that would void or otherwise impair Owner's special warranty and guarantee on work on other projects as a result of making such corrections without first notifying the Owner." 1.18 START OF TWO YEAR CORRECTION PERIOD (GC-13.07) A. Modify Paragraphs 13.07.A and 13.07.C of the General Conditions to change all references for the correction period length from one year to two years. Add the following Paragraph 13.07.E immediately after Paragraph 13.07.D of the General Conditions and before Paragraph 13.08: 13.07.E For purposes of this Paragraph 13.07, the date of Substantial Completion shall be interpreted as the date when fmal payment is due in accordance with Paragraph 14.07B and 14.07.C, and the two year correction period shall commence on the date when fmal payment is due in accordance with Paragraph 14.07B and 14.07.C, unless otherwise modified by the Specifications or by Written Agreement. 1.19 APPLICATION FOR PROGRESS PAYMENT (GC-14.02.) A. Add paragraph A.4 as follows: A.4. All out-of--state contractors shall comply with all State of Minnesota surety deposit requirements. The OWNER will withhold an additional sum of 8 percent of the amount due the CONTRACTOR from each payment and forward it to the Department of Revenue until the CONTRACTOR'S state tax obligations are considered fulfilled unless the CONTRACTOR can show reason for exemption. Exemption will be granted provided the out-of--state contractor files Form SD-E (Exemption from Surety Deposits for Out-of--State Contractors) and meets the exemption guidelines established for the Minnesota Department of Revenue. All necessary forms may be obtained from the Minnesota Department of Revenue, Mail Station 4450, St. Paul, Minnesota 55146-4450, or phone 1-800-657-3777. B. Revise paragraph 14.02 b.l. to read as follows: 14.02 B.1. ENGINEER will, within fourteen (14) 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. Thirty days after approval of the Application for Payment by the OWNER with u n T15.21649 -Albertville, MN SUPPLEMENTARY CONDITIONS ' Hunter's Pass Lift Station PAGE 00800-10 ' 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. 1.20 PAYMENT BECOMES DUE FOR PROGRESS PAYMENT (GC-14.02 C.1) A. Revise the paragraph 14.02.C.lto read as follows: ' 14.02.C.1 Thirty (30) days after presentation of 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. ' 1.21 FINAL PAYMENT (GC-14.07) ' A. Revise paragraph 14.07 B.1 to read as follows 14.07 B.1. If, on the basis of ENGINEER'S observation of the Work during construction and final inspection, and ENGINEER'S review of the final Application for Payment and accompanying ' documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR'S other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application 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 to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the approval by the OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. ' 1.22 SUBSTANTIAL COMPLETION AND PARTIAL UTILIZATION WAIVERS (GC-14.04, 14.10) A. Add the following Paragraph 14.OS.A.3 immediately after Paragraph 14.OS.A.2 of the General Conditions. Paragraph 14.OS.A.3 modifies Paragraph 14.04.A and 14.05.A of the General Conditions and reference is made thereto. 14.OS.A.3 Nothing in Paragraph 14.04.A shall obligate the CONTRACTOR to apply for a Certificate of Substantial Completion for any part of this Project. The provisions for partial utilization of the Project, if any, are established by the Specifications and no Certificate of Substantial Completion will be issued for partial utilization occurring within the terms of the Specifications. Partial utilization of the Project not ' covered by the Specifications shall be in accordance with Paragraph 14.OS.A and its sub-paragraphs. If a Certificate of Substantial Completion is not issued, Substantial Completion shall be when final payment is due in accordance with Paragraph 14.07.B. ' 1.23 FINAL PAYMENT -WITHHOLDING OF INCOME TAX AT SOURCE (GC-14.07 A.) ' A. Add the following as Paragraph 14.07 A.4 of the General Conditions and immediately before 14.07 B.: 4. "Final payment will not be made to the CONTRACTOR until he furnishes a certificate showing that he has complied with the provisions of M.S.A. 290.92 requiring withholding of income tax on wages at the source. Said certificate shall be executed by the Commissioner of Revenue. Forms for certification maybe obtained from the Commissioner of Revenue, Centennial Building, St. Paul, Minnesota 55145." T15.21649 -Albertville, MN Hunter's Pass Lift Station SUPPLEMENTARY CONDITIONS PAGE 00800-11 1.24 OWNER'S RIGHT TO TERMINATE FOR CONVENIENCE (GC-15.03) A. Paragraphs 15.03.A.1 through 15.03.A.4 shall apply when the right to terminate has been exercised after on-site work has been started. Add the following Paragraph 15.03.A.5 immediately following Paragraph 15.03.A.4 of the General Conditions and immediately before 15.03.B. 15.03.A.5 In the event the OWNER exercises its right to terminate before any on-site work has commenced, and if the CONTRACTOR can prove incurred costs associated with ordering materials in good faith, the OWNER will, at its own discretion, either pay the material cost with full delivery of said materials to the OWNER, or pay any restocking charges. 1.25 ARBITRATION (GC-ARTICLE 16) A. Add the following paragraph as paragraph 16.O1D: 16.O1.D The CONTRACTOR will carry on the work and maintain the progress schedule during any arbitration proceedings, unless otherwise mutually agreed in writing. 1.26 PERMITS (GC-6.08) A. CONTRACTOR shall pay for and obtain storm water permit for construction site, if required, and shall be responsible for compliance with storm water regulations for construction sites. B. The CONTRACTOR shall pay for and obtain all building, plumbing, mechanical, and electrical permits as required by state and local ordinances. 1.27 TAXES (GC-6.10) A. CONTRACTOR shall include state sales tax in the bid price and shall copy all supply invoices to OWNER for OWNER's use in collecting any sales tax refund. 1.28 FAIR EMPLOYMENT PRACTICE AND MINIMUM WAGE RATE REQUIREMENTS (GC-17.06, 17.07) A. Add the following paragraphs 17.06 and 17.07 immediately after paragraph 17.05: 17.06 The Contractor and every subcontractor shall comply with all applicable provisions, terms, and conditions of applicable regulations pertaining to fair employment practice. The Contractor, in relation to the subject Contract, shall not discriminate against any employee of, or applicant for employment with, the Contractor in the locality of the work, and shall include a similar provision against discrimination in every subcontract germane thereto, requiring employment at the project. 17.07 The Contractor shall comply with Minnesota Statute 177.41-44 which is commonly known as the "Little Davis-Bacon Act". The rate paid for labor on this Contract or Contracts shall be no less than the minimum prevailing wage. If the Contractor is obliged to pay higher rates in order to obtain sufficient labor to properly carry out this Contract, no extra compensation will be allowed. **** END OF SECTION **** T15.21649 -Albertville, MN Hunter's Pass Lift Station SUPPLEMENTARY CONDITIONS PAGE 00800-12 0 C SECTION 00801 -RESIDENT PROJECT REPRESENTATIVE PART 1 -- GENERAL 1.1 RESIDENT PROJECT REPRESENTATIVE A. If OWNER and ENGINEER agree, the ENGINEER will furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the Work of the CONTRACTOR. ' 1.2 LIAISON WITH THE ENGINEER ' A. Through more extensive on-site observations of the Work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER endeavors to provide further protection for OWNER against defects and deficiencies in the Work; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, ' techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents. 1.3 DUTIES AND RESPONSIBILITIES OF THE RPR A. The duties and responsibilities of the RPR are limited to those of ENGINEER in the construction ' Contract Documents, and are further limited and described as follows: B. General ' 1. RPR is ENGINEER'S agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with ' the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. C. Duties and Responsibilities of RPR 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project related meetings, and prepare and circulate copies of minutes thereof. ' 3. Liaison: (a} Serve as ENGINEER'S liaison with CONTRACTOR, working principally through ' CONTRACTOR'S superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on-site operations. ' (b) Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: (a) Record date of receipt of Shop Drawings and samples. T15.21649 -Albertville, MN RESIDENT PROJECT REPRESENTATIVE Hunter's Pass Lift Station PAGE 00801-1 (b) Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. (c) Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: (a) Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. (b) Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. (c) Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. (d) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7. Modifications: Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 8. Records: (a) Maintain orderly files for correspondence, reports or job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other project related documents. (b) Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures. (c) Record names, addresses and telephone numbers of all contractors, subcontractors and major suppliers of materials and equipment. 9. Reports: (a) Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawing and sample submittals. (b) Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. (c) Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. ~~ I~ 7 u T15.21649 -Albertville, MN RESIDENT PROJECT REPRESENTATIVE , Hunter's Pass Lift Station PAGE 00801-2 f 0 I (d) Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12. Completion: (a) Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. (b) Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. D. Limitations of Authority Resident Project Representative: 1. Shall not authorize any deviation from the Contract Document or substitution of materials or equipment, unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEER'S authority as set forth in the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractor or CONTRACTOR'S superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. PART 2 -- NOT USED PART 3 -- NOT USED ' T15.21649 -Albertville, MN Hunter's Pass Lift Station **** END OF SECTION **** RESIDENT PROJECT REPRESENTATIVE PAGE 00801-3 0 0 0 i C~ EQUAL OPPORTUNITY CLAUSE 41 CFR 60-1.4 Section Number: 60-1.4 Section Name: Equal opportunity clause. (a) Government contracts. Except as otherwise provided, each contracting agency shall include the following equal opportunity clause contained in section 202 of the order in each of its Government contracts (and modifications thereof if not included in the original contract): During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. ' (6) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract maybe canceled, terminated or suspended in whole or in part and the contractor maybe declared ineligible for further Government contracts in ' accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions maybe imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding ' upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as maybe directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, 00930-1 the contractor may request the United States to enter into such litigation to protect the interests of the United States. (b) Federally assisted construction contracts. (1) Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will fun~ish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract maybe canceled, terminated, or suspended in whole or in part and the contractor maybe declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: 00930-2 n 0 0 0 L' r-, 'J Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation ' with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification ' subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as maybe imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity ' clause in each of its nonexempt subcontracts. (d) Incorporation by reference. The equal opportunity clause maybe incorporated by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Deputy Assistant Secretary may designate. (e) Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written. (f) Adaptation of language. Such necessary changes in language maybe made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. [43 FR 49240, Oct. 20, 1978, as amended at 62 FR 66971, Dec. 22, 1997] http://www.dol.gov/dol/allcfr/title 41/part_60-1/41CFR60-1.~4.htm CSI 00930-3 fl r r Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (includmg goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has ' employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register ' in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. ' S. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. Page 00935-1 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the- street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason; therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing Page 00935-2 L L i iL C 0 I~ 7 the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or ' anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where ' reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for ' promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. ' o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. ' p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. r J 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, maybe asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor maybe in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor maybe in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. Page 00935-3 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal , Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and ' penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to , achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. ' 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Page 00935-4 C 0 7 Li i i ' NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NON-DISCRIMINATION IN EMPLOYMENT ' To: (Name of union or organization) The undersigned is under contract or subcontract with Pierce County and is bound by the provisions of Executive Order 11246 as amended, the Civil Rights Act, and other federal and local laws and ' regulations. Pursuant to the requirement of said contract or subcontract, it is the policy of this company not to ' discriminate against any employee or applicant for employment because of race, color, creed, sex, age, national origin, income level or veteran status. The undersigned company will ensure that all employees are treated during their employment without regard to race, color, creed, sex, age, national origin, income ' level or veteran status. Such action shall include, but is not limited to activities relating to the following: employment, upgrading, transfer or demotion, recruitment and advertising, rates of pay or other forms of compensation, selection for training including apprenticeship, layoff or termination. 0 u The undersigned is encouraged to take all reasonable steps to ensure that qualified non-minority and minority persons seeking employment with our firm are provided equal access to employment opportunities. Please furnish names of qualified individuals including women, minorities and low income residents whenever possible when we are seeking referral of applicants for employment. If for some reason this request cannot be met, please advise us in writing. Please respond, indicating your understanding of our employment needs and pledging your assistance and cooperation in meeting our Equal Opportunity obligations. Company: By: Project: 00940-1 CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to contracts, subcontracts, and agreements with applicants who are themselves performing federally assisted construction contracts exceeding $10,000, which are not exempt from the provisions of the Equal Opportunity clause.) By the submission of this bid, the bidder, offerer, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not pernut his employees to perform their services at any location under his control where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this proposed contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants, and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are in fact segregated on the basis of race, creed, color, or national origin because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed contractors for prior to the award of subcontracts exceeding $10,000 which are not exempt from his provisions of the Equal Opportunity clause; that he will retain such certifications in files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10.000 which is not exempt from the provisions of the Equal Opportunity Clause. The certification my be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Respectfully submitted, By: Print: Title: Business Address: 00940-2 I~ r u E (~O L 0 ~ O U 0 C_C E ' ~ G U MC a W Q (D ~ C ,~ ~ o ~ U ~ c ' o Q 4- O O ' ~ N n. U ~ w O Q C O a.~ N a-+ C ^O LL ' W L .i-+ O ~. ° I ~ c v y n Ew ~ I c ~ ~ i o ii¢ ~~ O ~ M M ( F ~ D T ~ I O y O ~ C~ •~ a a ~ O W of ° Z W I 'p II 11 - ~ ~ j t/1 Z ~ m m °~ ~ m ~ i N D a~ 0 a ~ I ~ W m ~~ I i .Q U I N C ~ a I r~ I W U ` LL ~ ~ - - > a ' i j O ~ N O Q 1, h ', Q (A U C d ~ ._ N ._ ... E "6 ~ i I I I I i (n ~ N C m Q Z i -_ i ~, ~ ~ I '' L ~ ~ ~ - ~ ~ i .G £. Q S LL i '. ~~ ~ ~ ~, Z~ a~i Y 'i I m ~ ` ~ i ca m 'o O °~~ o ~m C..) ~ c :~ ~ ~ ~c> ~2 ~, I ~, p, R d d O v IDQd N ~' I~ I ~' ~ 3 V I -._ I -. r - .. _.._.- V N C i ~i ~. T v ~ I , ~ Z j I II li to O u ' o u V d V m ~ I I c ~ J ~ _~ co 2 ~ ~ N ~ N E C O V W ~ ~ I . i ~---- I ° A c `d W LL v W I > « c mo ~ U O ~ c _ d ~` U y I ~ O ~ y O C_ m y0 I I , p ) ' w o .~ J i ~- cDm?O i I I L 'O ~ t r - i {L '~ M Q y ~ a E F - - N ~ tnd`~ Z O ¢°m ~ i c c I I , ` ~ v « a o .. ~ ~ ~ ~ ~p o ~~ a o ~ ~ ~ ~ ~ R m ao c m 0 ~ v 0 ~ v 0 ~ ~ 0 ~ ~ o ~ ~ d ~ L ~ u ~ a `" N c a~ d I- c y d F~- c a i d ~ ~ y d ~ ~ y i a F c x°~ '~ N ~~ ~ `° U L ~ ~ °- fl C ~ a ~ 3 ~ a Q C ~ ~ .6 ~ ~ ~ a C R .Q ~. ~ ~ Q- C ~ ~ ~ ~ ~ a C ~ .a ~ in W ` T r d of 11. p I- p ~ . Q ~"' 3 ~ p ~ . Q ~"' 3 ~ 0 7 Q Q ~" O ~ O 7 Q Q H 3 ~ 0 7 Q Q ~"' 3 (/1 t y ~ C ~ .. ~ ` ~ ~ Y L _ ~C) ._ w = v y Z O ~ ~ ~ v O ~ N '~- d C N O ~ U W ~ C ~' C '~ V w N Q' Q ~ ' 7 Q O ~ d d va i~ ~ z ~ Q H o Nc. ~ U ~ °c E ~ :° :a _ ~ ~ ~ U y ~~ N W r U c E~ lL d K vvy4~-i Instructions For Filing Monthly Employment Utilization Report (CC-257) The Monthly Utilization Report is to be completed by each subject contractor (both prime and sub) and signed by a responsible official of the company. The reports are to be filed by the 5th day of each month during the term of the contract, and they shall include the total work-hours for each employee classification in each trade in the covered area for the monthly reporting period. The prime contractor shall submit a report for its aggregate work force and collect and submit reports for each subcontractors aggregate work force to the Federal compliance agency that has Executive Order 11246 responsibility. (Additional copies of this form may be obtained from the U.S. Department of Labor, Employment Standards Administration, OFCCP's regional office for your area.) Compliance Agency U.S. Government agency assigned responsibility for equal employment opportunity. (Secure this Information from the contracting officer.) Federal Funding Agency U.S. Government agency funding project (in whole or in part). If more than one agency, list all. Contractor Any contractor who has a construction contract with the U.S. Govemment or a contract funded in whole or in part with Federal funds. ' Minority Includes Blacks. Hispanics, American Indians. Alaskan Natives, and Asian and Pacific Islanders -both men and women. 1. Covered Area. Geographic area identified in Notice required under 41 CFR 60-4.2. 2. Employer's Identification Number Federal Social Security Number used on Employer's Quarterly Federal Tax Retum (U.S. Treasury Department Form 941 }. 3. Current Goals (Minority & Female) See contract Notification. 4. Reporting Period Monthly, or as directed by the compliance agency, beginning with the effective date of the contract. 5. Construction Trade Only those construction crafts which contractor employs in the covered area. 6. Work-Hours of Employment (a-e) a. The total number of male hours and the total number of female hours worked by employees in each classification. b.-e. The total number of male hours and the total number of female hours worked by each specified group of minority employees in each classification. Classification The level of accomplishment or status of the worker in the trade (Journey Worker, Apprentice, Trainee) 7. Minority Percentage The percentage of total minority work-hours of all work-hours (the sum of columns 6b, 6c, 6d. and 6e divided by column 6a; just one figure for each construction tradel. 8. Female Percentage For each trade the number reported in 6a. F divided by the sum of the numbers reported In 6a. M and F. 9. Total Number of Employees Total number of male and total number of female employees working In each classification of each trade in the contractor's aggregate work force during reporting period. 10. Total Number of Minority Employees Total number of male minority employees and total number of female minority employees working in each classification in each trade in the contractor's aggregate work force during reporting period. Public Burden Statement- We estimate that it will take an average of 60 minutes per response to complete this collection of information, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection of information, including suggestions for reducing the burden, send them to the Office of IRM Policy, U.S. Department of Labor, Room N1301, 200 Constitution Avenue, N.W., Washington, D.C. 20210; and to the Office of Management and Budget, Paperwork Reduction Project (1215-0163). Washington, D.C. 20503. DO NOT SEND THE COMPLETED SURVEY TO EITHER OF THESE OFFICES ~U.S. GOVERNMENT PRINTING OFFICE: 1992-656-216 00945-2 0 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION REQUIREMENTS The Contractor shall comply with all relevant State of Minnesota and Federal Occupational Safety and Health Administration (OSHA) requirements, which include, but are not limited to, the following regulations: A. 29 CFR Part 1926 (Construction); and B. 29 CFR Part 1910 (those portions identified as applicable to construction). C. Minnesota -OSHA Regulations Chapters 5205, 5206, 5207, 5210, 5215 OUTSIDE BULLETIN BOARD An outside, weather-protected bulletin board will be required on the job site at all times. It must be located in a conspicuous and public place and accessible to all workers. The following items, at a minimum, must be posted: 1. Wage Rates 2. OSHA safety poster 3. Non-discrimination poster 4. Equal Employment Opportunity Statements signed by a company official for the contractor and applicable subcontractors. SAFETY PLAN ~~ The Contractor is also required to develop and submit to the owner upon commencement of construction a safety plan that will address, at a minimum, administrative and hazard analysis. Suggested Contractor Safety Plan Topics The contractor must develop and submit to owner a safety plan. The safety plan should address, at minimum, two principal issues: administrative matters and hazard ' analysis. C! Items to include, but not limited to: Administrative Section: - Identification and accountability of contractor personnel responsible for accident prevention. - Local requirements, such as noise control, traffic problems, etc. - Methods of control and coordination of subcontractors. - Plans for layout of temporary construction facilities. - Plans for initial indoctrination, continued safety education, and training of employees. - Plans for traffic control and marking of hazards (haul roads, highway intersections, railroads, utilities, bridges, restricted areas, etc.) - Plans for job cleanup and safe access and egress. - Plans for fire protection and emergency services. 00950-1 ~II - Plans for safety inspections by qualified persons and reports to be kept and filed with the ' grantee on a regular basis. - Accident investigation procedures. - Fall protection system details. - Sketch of temporary power distribution system. , - Safe clearance procedures. - Office trailer anchoring plans. - Severe weather contingency plans. ' - Reports scheduled to be filed with grantee on a regular basis. Activity Hazard Analysis: ' - Activity hazard analysis must be prepared for every contract activity and operation in each major phase of work. - The plan should identify the sequence of work, the specific hazards anticipated and the ' control measures to be implemented to minimize or eliminate each hazard. The activity hazard analysis shall address these major points: ^ Activity being performed (in each phase) , ^ Sequence of work ^ Hazards to be controlled in each activity ^ Reports scheduled to be filed with grantee on a regular basis. , C n i~ I~ 00950-2 , Form 6 Minnesota Public Facilities Authority DWRF / WPCRF Loan Application FEDERAL REQUIREMENTS FOR MINORITY /WOMEN'S BUSINESS ENTERPRISE AND SMALL BUSINESS IN RURAL AREAS Municipalities that receive loan funding must comply with federal requirements concerning utilization of Minority and Women's Business Enterprises (M/WBE) and Small Businesses in Rural Areas (SBRA). These requirements are designed to encourage loan recipients and prime contractors to utilize M/WBE's and SBRA's whenever procurement opportunities occur (including small purchases). REGULATIONS: 40 C.F.R. Section 35.3145(d) Application of other Federal Authorities, M/WBE Requirements Executive Orders No.11625, 12138 and 12432 -Promoting the use of M/WBEs Section 129 of Public Law 100-590 -Small Business Administration Reauthorization and Amendment Act of 1988 Regulations detailed in the EPA's Cross-Cutting Federal Authorities -Clean Water Act State Revolving Fund Program and Safe Drinking Water Act State Revolving Fund Program IMPLEMENTATION: " " 1. Include as part of the loan application a fair share statement proposing a fair share target percentage (3.5%) for MBE and (11.5%) for WBE participation in the project. 2. Include in bid documents the "fair share" percentages for all contracts and subcontracts. 3. Applicants will take all necessary affirmative steps to assure that MBE, WBE and SBRA business ' enterprises are used when possible. Affirmative steps shall include: (a) Including MBEs, WBEs and SBRAs, on solicitation lists; (b) Assuring that MBEs, WBEs and SBRAs are solicited whenever they are potential sources; ' (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by MBEs, WBEs and SBRAs; (d) Establishing delivery schedules, when the requirements of the work permit, which will ' encourage participation by MBEs, WBEs and SBRAs; (e) Using the services and assistance of the Small Business Administration, and the Office of Minority Business Enterprise of the Department of Commerce, as appropriate; and ' (f) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (a) through (e). 4. It is the borrower's responsibility to review the documentation of actions taken by its consulting firm and contractors to solicit MBEs, WBEs, and SBRAs and to determine whether they are in conformance ' with the above affirmative steps. The municipality MUST retain documentation of its review and findings in its files, including records and documentation received from the contractor. 5. After the award of a loan the borrower agrees to submit to the PFA an EPA Form 5700-52A showing the level of MBE and WBE utilization on a quarterly basis until the project is completed. Minnesota Public Facilities Authority Electronic Application Forms 10/04 ' 00960-1 Form 6 ' DEFINITIONS: Procurement -The acquisition through purchase, lease or barter of supplies, equipment, construction or services needed to accomplish Federal assistance programs. Minority Business Enterprise (MBE) - A business concern that is (1) at least 51 percent owned by one or more minority individuals, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more minority individuals; and (2) whose daily business operations are managed and directed by one or more of the minority owners. There is no standard definition of minority individuals used by all Federal financial assistance agencies. However, recipients shall presume that minority individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans or other groups whose members are found to be disadvantaged by the Small Business Act or by the Secretary of Commerce under Section 5 of Executive Order 11625. Women Business Enterprise (WBE) - A business concern that is, (1) at least 51 percent owned by one or more women, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more women; and (2) whose daily business operations are managed and directed by one or more of the women owners. Business firms, which are 51 percent, owned by minorities or women, but are in fact managed and operated by non-minority individuals do not qualify for meeting MBE/WBE procurement goals. Small Business -Any business which meets the criteria of a small business entity as defined by the Small Business Administration (SBA); i.e. a profit making concern, including its affiliates which is independently owned and operated and not dominant in its field of operations, and qualifies as a small business under the criteria and size standards set forth in 13 CFR 121.2. Rural Areas -The U.S. Department of Agriculture developed in 1980 aRural-Urban Continuum Code Classification. The Classification Code applies to every county in the United States. Counties with a code of six through nine are identified as rural counties. Small Businesses in a Rural Area - A small business entity meeting the definition of a small business (see above), which is located in and conducts its principal operations in a rural county coded six through nine in the Rural-Urban Continuum code Classification (attached with application materials). FAIR SHARE STATEMENT The (Borrower} proposes a "fair share" target percentage of 3.5% for Minority Business Enterprises and 11.5% for Women's Business Enterprises for the above-mentioned project. The Borrower acknowledges it will follow the affirmative steps for M/WBE participation and require its contractor(s) to follow these steps and provide documentation. The Borrower will retain all documentation and make it available for inspection. The Borrower acknowledges that it agrees to submit quarterly reports, if required, on forms provided by the Authority, of total contracts awarded for the quarter and the amount awarded to Minority and Women Business Enterprises. Signature of Authorized Representative Title Date Minnesota Public Facilities Authority Electronic Application Fonns 00960-2 C u 10/04 ' t SECTION 00991- CHANGE ORDER (Instructions on reverse side) No. PROJECT: DATE OF ISSUANCE: EFFECTNE DATE: OWNER: OWNER's Contract No.: CONTRACTOR: ENGINEER: You are directed to make the following changes in the Contract Documents. Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion days or dates $ Read for final a ment days or dates Net changes from previous Change Orders No._to No._ Net changes from previous Change Orders No._to No._ $ _ days Contract Price Prior to this Change Order Contract Times prior to this Change Order Substantial Completion days or dates $ Read for final anent days or dates Net Increase (Increase/Decrease) of this Change Order Net Increase (Increase/Decrease) of this Change Order $ -days Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion days or dates $ Ready for final ayment days or dates RECOMMENDED: By: Engineer (Authorized Signature) APPROVED: By: Owner (Authorized Signature) ACCEPTED: By: Contractor (Authorized Signature) EJCDC No. 1910-8-B (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. T15.21649 -Albertville, MN Hunter's Pass Lift Station CHANGE ORDER PAGE 00991-1 1 CHANGE ORDER ' INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Contract Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed, any effect of a Change Order thereon should be addressed. , For supplemental instructions and monitor changes not involving a change in the Contract Price or Contract Times, a Field Order may be used. ' B. COMPLETING THE CHANGE ORDER FORM Engineer initiates the form, including a description of the changes involved and attachment based upon ' documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After approval by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that , does not apply. T15.21649 -Albertville, MN Hunter's Pass Lift Station CHANGE ORDER PAGE 00991-2 SECTION 00992 -ENGINEER'S FIELD ORDER OWNER ^ ENGINEER'S ENGINEER ^ CONSULTANTS ^ FIELD ORDER coNTRACTOR ^ FIELD ^ OTHER ^ PROJECT: (name, address) OWNER: TO: (CONTRACTOR} FIELD ORDER NO: DATE: ENGINEER'S PROJECT NO: CONTRACT FOR: CONTRACT DATED: You are hereby directed to execute promptly this Field Order which interprets the Contract Documents or orders minor changes in the Work without change in Contract Sum or Contract Time. If you consider that a change in Contract Sum or Contract Time is required, please submit your itemized proposal to the Engineer immediately and before proceeding with this Work. If your proposal is found to be satisfactory and in proper order, this Field Order will in that event be suspended by a Change Order. Description: (Here insert a written description of the interpretation or change) Attachments: (Here insert listing of attached documents that support description) ENGINEER: DATE: T15.21649 -Albertville, MN Hunter's Pass Lift Station ENGINEER' S FIELD ORDER PAGE 00992-1 PROPOSAL REQUEST PROJECT: (name, address) OWNER: TO: (CONTRACTOR) SECTION 00993 -PROPOSAL REQUEST OWNER ENGINEER CONSULTANTS CONTRACTOR FIELD OTHER 0 PROPOSAL REQUEST NO: DATE: ENGINEER'S PROJECT NO: CONTRACT FOR: CONTRACT DATED: Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. DCSCTIptlOri: (Written Description of the Work) 1~tt1C~11112ritS: (List Attached Documents that Support Description) ENGINEER: DATE: T15.21649 -Albertville, MN Hunter's Pass Lift Station PROPOSAL REQUEST PAGE 00993-1 t SECTION 00994 -WORK CHANGE DIRECTIVE (Instructions on reverse side) No. PROJECT: DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: OWNER's Contract No.: CONTRACTOR: ENGINEER: You are directed to proceed promptly with following change(s). Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) If a claim is made that the above change(s) have affected Contract Price or Contract Times, any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the change(s). Method of deterring change in Contract Price: Method of deterring change in Contract Times: ^ Unit Prices ^ Contractor's records ^ Lump Sum ^ Engineer's records ^ Other ^ Other Estimated Increase (Increase/Decrease) in Contrnct Price: Estimated Increase (Increase/Decrease) in Contract Times: $ Substantial Completion: days; If the change involves an increase, the estimated amount is not to be Ready for final payment: days. exceeded without further authorization. [f the change involves an increase, the estimated times are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED ENGINEER By: (Authorized Signature) By: T15.21649 -Albertville, MN Hunter's Pass Lift Station OWNER (Authorized Signature) WORK CHANGE DIRECTIVE PAGE 00994-1 WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This documents was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a possible change in the Contract Price or the Contract Times a Field Order maybe used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERRING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or change Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated price is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable". METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT TIMES: Mark the method to be used in determining the change in Contract Times and the estimated increase or decrease in Contract Times. If the change involves an increase in the Contract Times and the estimated times are approached before the additional or changed Work is complete, another Work Change Directive must be issued to change the times or Contractor may stop the changed Work when the estimated times are reached. If the Work Change Directive is not likely to change the Contract Times, the space for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize change in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Once the Work covered by this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR THE CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. T15.21649 -Albertville, MN WORK CHANGE DIRECTIVE Hunter's Pass Lift Station PAGE 00994-2 n u D 0 C 0 0 0 0 i~ ~~ ~- DATE: JOB NO. ATTENTION: RE: SUBMITTAL NO. ' WE ARE SENDING YOU ^ Attached ^ Under separate cover via the following items: ^ Shop drawings ^ Prints ^ Specifications ^ Copy of letter ' D BOI_.TON $~. M ~ N K , INC. Consulting Engineers 8c Surveyors 1960 Premier Drive • Mankato, MN 56001-5900 Phone (507) 625-4171 • FAX (507) 625-4177 LETTER OF TRANSMITTAL No. Copies Submitted Specification Section Subject of Sho Drawing or Other Submittal Review Action Review Action Explanation: A. No Exceptions Taken C. Amend-Resubmit B. Make Corrections Noted D. Rejected-Resubmit Comments: ^ The CONTRACTOR hereby notifies the OWNER that this Shop Drawing is in conformance with Article 6 of the General Conditions to the Contract Documents. ^ The CONTRACTOR hereby notifies the OWNER that this Shop Drawing is not in conformance with Article 6 of the General Conditions to the Contract Documents and nevertheless asks approval thereof. The features not in conformance are as follows: 1 • SIGNED: 2. 3 • DATE: 4. 5. DISTRIBUTION: 1. Contractor 2. Owner 3. Proj. Engr. 4. Field Office 5. File COPY TO: SIGNED: DATE: T 15.21649 -Albertville, MN Hunter's Pass Lift Station LETTER OF TRANSMITTAL PAGE 00995-1 u n C~~! n r PART 1 -- GENERAL 1.1 GENERAL SECTION 01010 -SUMMARY OF WORK A. The WORK to be performed under this Contract shall consist of furnishing all plant, tools, equipment, materials, supplies, and manufactured articles and for furnishing all transportation and services, including fuel, power, water, and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. The WORK shall be complete, and all work, materials, and services not expressly shown or called for in the Contract Documents which may be necessary for the complete and proper construction of the WORK in good faith shall be performed, furnished, and installed by the CONTRACTOR as though originally so specified or shown, at no increase in cost to the OWNER. 1.2 PROJECT LOCATION A. The project is located in the City of Albertville, Minnesota, which is located in Wright County. The project location is shown on the vicinity map in the design drawing set. 1.3 PROJECT DESCRIPTION A. The work hereafter referred to requires the complete construction and start-up necessary for the facility with all required necessary equipment, generally described, but not limited to, in the following paragraphs. B. Construction of a submersible lift station. The major work includes submersible pumps, wetwell, valve vault, piping, electrical and controls. 1.4 ORDER OF THE WORK A. The work shall be carried on at such places on the project and also in such order or precedence as may be found necessary by the Engineer to expedite the completion of the project. After work has begun on any portion of the project, it shall be carried forward to its final completion. All work shall conform to the provisions of the approved Contractor's schedule. 1.5 INTERFERENCE WITH WORK ON UTILITIES A. The Contractor shall cooperate fully with all utility forces of the OWNER or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities which interfere with the progress of the work, and shall schedule the work so as to minimize interference with said relocation, altering, or other rearranging of facilities. 1.6 SEQUENCE OF CONSTRUCTION A. The Contractor shall at all times conduct his operations so as to minimize any impact on existing treatment processes and water supply. At no time shall the Contractor's operations cause the OWNER to abandon any portion of the treatment process. B. The Contractor shall coordinate all process interruptions with the OWNER, Engineer and operations staff. All construction shall be coordinated with the plant operations staff at all times. Any night work ' T15.21649 -Albertville, MN Hunter's Pass Lift Station SUMMARY OF WORK PAGE 01010-1 u I~I lJ and overtime payments which maybe required for modifications performed at low flow shall be considered to have been included in the price bid for work. ' 1.7 CONTRACTOR USE OF PROJECT SITE ' ' A. The CONTRACTOR s use of the project site shall be limited to its construction operations, including on-site storage of materials, on-site fabrication facilities, and field offices. 13. Describe any work being done at the project site`under a separate contract include start date and expected completion date. The contractor shall cooperate with the other contractor. 1.8 OWNER USE OF THE PROJECT SITE ' A. The OWNER may utilize all or part of the existing site and existing facilities during the entire period of construction. The CONTRACTOR shall cooperate with the OWNER to minimize interference with the CONTRACTOR's operations and to facilitate the OWNER's operations. In any event, the OWNER ' shall be allowed access to the project site during the period of construction. PART 2 -- PRODUCTS (NOT USED) ' PART 3 -- EXECUTION (NOT USED) **** **** , END OF SECTION L T1521649 -Albertville, MN Hunter's Pass Lift Station SUMMARY OF WORK ' PAGE 01010-2 LI~~ t n r SECTION 01025 -MEASUREMENT AND PAYMENT PART 1 -- GENERAL 1.1 SCHEDULE OF VALUES A. Within ten days after the Effective Date of the Agreement, the CONTRACTOR shall prepare and submit to the ENGINEER for approval, a detailed Schedule of Values or cost by breakdown by major specification sections of the total contract price. The Schedule of Values shall be sufficiently detailed to provide a basis for progress payments. 1.2 REQUEST FOR PAYMENTS A. Applications for payment shall be submitted in accordance with the Schedule of Values and General Conditions and shall be submitted on forms approved by the ENGINEER. Application for payment shall be made at least two days prior to the monthly Construction Progress Meeting. B. The CONTRACTOR shall furnish the ENGINEER promptly, upon request, all information and records necessary to determine the cost of the work for purposes of estimating monthly payments, including a satisfactory itemized statement of the actual cost of all acceptable materials delivered by the CONTRACTOR to the site as required by paragraph 14.2 of the General Conditions. 1.3 ENGINEER'S PAY ESTIMATE A. On or about the 25th day of each month, the ENGINEER will prepare and certify to the OWNER, an estimate of the cumulative amount and value of work performed by the CONTRACTOR up to that date. Said amount will include all acceptable materials and equipment delivered to the site of the work as defined in the General Conditions. Said value will be based on certified copies of invoices delivered by the CONTRACTOR to the ENGINEER. To this figure will be added all amounts due or paid the CONTRACTOR for performance of extra work in accordance with change orders. B. The ENGINEER's estimate of the monthly payment due the CONTRACTOR will not be required to be made by strict measurement, and an approximate estimate will suffice. The monthly payments maybe withheld or reduced if, in the ENGINEER'S opinion, the CONTRACTOR is not diligently or efficiently endeavoring to comply with the intent of the contract, or if the CONTRACTOR fails to pay his labor and material bills as they become due. C. No monthly payment shall be construed as an acceptance of the work or of any portion of the work, nor shall the making of such payment preclude the OWNER from demanding and recovering from the CONTRACTOR any damages caused by the CONTRACTOR'S failure to comply with the requirements of the Contract. 1.4 PROGRESS PAYMENT A. Progress payments will become due thirty days after presentation of the Application for Payment with ENGINEER'S recommendation as required by paragraph 14.4 and subject to the provisions of paragraph 14.7 of the General Conditions and as modified by Paragraph 1.11 of Section 00800, Supplemental Conditions. B. The schedule of Progress Payments may be altered by the Agreement or Purchase Order. T15.21649 -Albertville, MN MEASUREMENT AND PAYMENT Hunter's Pass Lift Station PAGE 01025-1 ~I n CIS' SECTION 01110 -CULTURAL RESOURCES PROTECTION PART 1 -- GENERAL 1.1 THE REQUIREMENTS A. The Contractor's attention is directed to the National Historic Preservation Act of 1966 (16 U.S.C. 470) and PRM 75-27 which provides for the preservation of potential historical, architectural, archaeological, or cultural resources (hereinafter called "cultural resources"). B. The Contractor shall conform to the applicable requirements of the National Historic Preservation Act of 1966 as it relates to the preservation of cultural resources and fair compensation to the Contractor for delays resulting from such cultural resources investigations. 1.2 STOP WORK PROCEDURES A. In the event potential cultural resources are discovered during subsurface excavations at the site of construction, the following procedures shall be instituted: 1. The Engineer will issue a Stop Work order directing the Contractor to cease all construction operations at the location of such potential cultural resources. 2. Such Stop Work Order shall be effective until such time as a qualified archaeologist can be called to assess the value of these potential cultural resources and make recommendations to the State Archaeologist. Any Stop Work Order shall contain the following: B. A Clear description of the work to be suspended. C. Any instructions regarding issuance of further orders by the Contractor for material services. D. Guidance as to action to be taken on subcontracts. E. Any suggestions to the Contractor as to minimizing his costs. ' F. Estimated duration of the temporary suspension. 1. If the archaeologist determines that the potential find is a bona fide cultural resource, at the direction of the State Archaeologist, the Engineer will extend the duration of the Stop Work Order ' in writing, and the Contractor shall suspend work at the location of the find. Equitable adjustment of the construction contract time will be made. n PART 2 -- PRODUCTS (NOT USED) PART :3 -- EXECUTION (NOT USED) **** END OF SECTION **** T15.21649 -Albertville, MN Hunter's Pass Lift Station CULTURAL RESOURCES PROTECTION PAGE 01110-1 n SECTION 01200 -PROJECT MEETINGS PART 1 -- GENERAL 1.1 PRECONSTRUCTION CONFERENCE ' A. Prior to the start of construction, a joint meeting will be held with representatives of the Contractor, the OWNER, the Engineer, and any other interested parties. This meeting is intended to introduce the various key personnel from each organization and to discuss the start of construction, order of work, labor and legal requirements, provisions of State labor laws, insurance requirements, method of payment, weekly payrolls, shop drawing requirements, protection of existing facilities, location of disposal and stockpile areas, and other pertinent items associated with the project. ' B. The Contractor shall be required to discuss his proposed detailed construction progress schedule as presented in Section 01300, and Schedule of Values as required by paragraph 2.6.3 of the General Conditions at this conference. All such construction schedules shall be subject to the approval of the Engineer and applicable public agencies. 1.2 CONSTRUCTION PROGRESS MEETINGS n A. Meetings maybe held at least monthly or as needed between the OWNER, Contractor and Engineer for the purpose of reviewing the project schedule, the status of the project, and the Contractor's request for payment. B. The Contractor shall submit within at least two working days before the Construction Progress Meeting, a brief written report as to status of project in relation to the construction schedule and issues to be discussed at the Construction Progress Meeting. C. The Contractor shall submit to the Engineer at least two working days before the monthly progress meeting a request for payment. 1.3 FINAL PROJECT COMPLETION MEETINGS A. Final project completion meetings shall be held between the Contractor, the OWNER, and the Engineer and any other interested parties to determine final acceptance of the project. The final project completion meeting shall follow the loan or grant issuing agency and state regulatory agency completion of construction policy. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) **** END OF SECTION **** T15.21f>49 -Albertville, MN Hunter's Pass Lift Station PROJECT MEETINGS PAGE 01200-1 SECTION 01300 -SUBMITTALS ' PART 1 -- GENERAL 1.1 LIST OF SUBCONTRACTORS AND SUPPLIERS ' A. Prior to the execution and delivery of the contract, the successful bidder shall submit a complete list of all sub-contractors and suppliers with whom he proposes to contract. The list shall be divided into sections corresponding to the specification divisions, and shall state name, address and telephone numbers together with work or items to be furnished. The list cannot be revised without written approval by the OWNER. The CONTRACTOR is responsible for compliance with specified requirements by all sub-contractors. ' B. This list shall be submitted in addition to or as a supplement to any similar lists required to be submitted with the bid. 1.2 CONSTRUCTION PROGRESS SCHEDULE A. A project management tool such as a bar chart shall be employed by the CONTRACTOR for cost value 1 reporting, planning and scheduling of all work required under the Contract Documents. B. Time of Submittal: Within 10 working days after the Effective Date of the Agreement, the CONTRACTOR shall submit for approval of the ENGINEER a bar chart diagram describing the activities to be accomplished in the project and their dependency relationships. The schedule produced and submitted shall indicate a project completion date on or before the contract completion date. The ENGINEER, within 10 working days after receipt of the bar chart diagram, shall meet with a 1 representative of the CONTRACTOR to review the proposed plan and schedule. C. Review Period: Within five working days after the conclusion of the ENGINEER's review period, the ' CONTRACTOR shall revise the bar chart diagram as required and re-submit the diagram. D. Acceptance: When the initial construction schedule has been accepted, the CONTRACTOR shall submit to the ENGINEER four copies of the accepted schedule. ' E. Construction Schedule Revisions: The ENGINEER may require the CONTRACTOR to modify any portions of the bar chart schedule that become infeasible because of "activities behind schedule" or for any other valid reason. An activity that cannot be completed by its original latest completion date shall be deemed to be behind schedule. Failure to submit a revised project schedule where so requested by the ENGINEER shall be cause for withholding a requested progress payment. ' F. Revision Due to Change Order: Upon approval of a change order, the approved change shall be reflected in the next bar chart submittal by the CONTRACTOR. ' 1.3 SCHEDULE OF VALUES A. Schedule of values shall be submitted as specified in Section 01025 "Measurement and Payment." 1.4 CONTRACTOR'S DAILY REPORTS A. The CONTRACTOR shall complete a daily report on forms furnished by the ENGINEER indicating ' manpower, equipment and sub-contractors involved in performance of the work. ' T15.21b49 -Albertville, MN Hunter's Pass Lift Station SUBMITTALS PAGE 01300-1 B. CONTRACTOR shall submit copies of daily report forms to the ENGINEER monthly. , 1.5 MONTHLY PROJECT STATUS REPORT A. The CONTRACTOR shall submit within two working days before the Construction Progress Meeting, a brief written Monthly Project Status Report. B. The Monthly Project Status Report shall discuss the status of the project in relation to the construction progress schedule and identify issues to be discussed at the Monthly Construction Progress Meeting. ' 1.6 SHOP DRAWINGS A. The CONTRACTOR shall submit, within 10 days after the effective date of the agreement a complete list of equipment and materials requiring shop drawing approval. The term "shop drawing" as used herein shall be understood to include detailed design calculations, fabrication and installation drawings, erection drawings, lists, graphs, operating instructions, catalog sheets, data sheets and similar items. , Unless otherwise required, said drawings shall be submitted at a time sufficiently early to allow review of same by the ENGINEER, and to accommodate the rate of construction progress required under the contract. The shop drawing list shall contain an estimated submittal date for each piece of equipment. The ENGINEER shall return prints of each shop drawing with his comments within 30 calendar days after receipt of shop drawings from the CONTRACTOR. B. The CONTRACTOR shall review all the submittals before forwarding them to the ENGINEER for , review. The submittals shall be on conformance with the CONTRACT DOCUMENTS and any minor variations shall be noted in the transmittal form. It is considered reasonable that the CONTRACTOR shall make a complete and acceptable submittal by the second submission of drawings. The OWNER , reserves the right to withhold money due the CONTRACTOR to cover additional costs of the ENGINEER's review beyond the second submission. Six copies of shop and settings drawings and schedules are required. The CONTRACTOR shall make any corrections required by the ENGINEER, ' file with him six corrected copies, and furnish such other copies as required. If the CONTRACTOR desires more than one approved copy, he shall submit additional drawings. C. All shop drawings shall be submitted through the General CONTRACTOR and be accompanied by the , ENGINEER's standard shop drawing transmittal form. This form maybe obtained in quantity from the ENGINEER at reproduction cost. All resubmittals shall include one copy of the previously rejected submittal. ' D. Revisions indicated on shop drawings shall be considered as changes necessary to meet the requirements of the Contract Drawings and Specifications, and shall not be taken as the basis of claims for extra work. The CONTRACTOR shall have no claim for damages or extension of time due to any ' delay resulting from the CONTRACTOR'S having to make the required revisions to shop drawings. If the review by the ENGINEER is delayed beyond a reasonable period then the CONTRACTOR shall notify the ENGINEER in writing that unless the said shop drawing is returned to the contractor within , three (3) business days there may be a delay CONTRACTOR's construction schedule. E. The review of said drawings by the ENGINEER will be limited to checking for general agreement with , the specifications and drawings, and shall in no way relieve the CONTRACTOR of responsibility for errors or omissions contained therein, nor shall such review operate to waive or modify any provision contained in the Specifications or Contract Drawings. Fabricating dimensions, quantities of material, ' applicable code requirements and other contract requirements shall be the CONTRACTOR'S responsibility. F. Each submittal shall contain data representing only one specification Section. ' T15.21649 -Albertville, MN Hunter's Pass Lift Station SUBMITTALS ' PAGE 01300-2 1.7 SAMPLES A. Unless otherwise specified, whenever in the Specifications samples are required, the CONTRACTOR shall submit not less than two samples of each such item or material to the ENGINEER for approval at no additional cost to the OWNER. B. Samples, as required herein, shall be submitted for approval a minimum of 21 days prior to ordering such material for delivery to the job-site, and shall be submitted in an orderly sequence so that ' dependent materials or equipment can be assembled and reviewed without causing delays in the work. C. All samples shall be individually and indelibly labeled or tagged, indicating thereon all specified ' ' physical characteristics and manufacturer s names for identification and submittal to the ENGINEER for approval. Upon receiving approval of the ENGINEER, one set of the samples will be stamped and dated by the ENGINEER and returned to the CONTRACTOR. One set will be retained by the ' ENGINEER until completion of the work. D. Unless otherwise specified, all colors and textures of specified items will be selected by the ENGINEER from the manufacturer's standard colors and standard materials, products or equipment ' lines. 1.8 MAINTENANCE MANUALS ' A. The CONTRACTOR shall submit to the ENGINEER, four (4) copies of the manufacturer's maintenance manuals for all mechanical, electrical and instrumentation equipment provided under this contract. B. All maintenance manuals shall be submitted together with a copy of approved shop drawings for the respective item of equipment. Maintenance manuals shall be submitted prior to the 75 percent project ' completion stage. C. The maintenance manuals shall be complete with recommended maintenance procedures, recommended spare parts and complete assembly and disassembly instructions. D. Operation and maintenance instructions shall include, as a minimum, the following data for each item of mechanical, electrical, and instrumentation equipment: 1. An itemized list of all data provided. 2. Name and location of the manufacturer, the manufacturer's local representative, the nearest supplier and spare parts warehouse. 3. Approved submittal information applicable to operation and maintenance. ' 4. 5. Recommended installation, adjustment, start-up, calibration, and troubleshooting procedures. Tabulation of proper setting for all pressure relief valves (low/high), pressure switches and other related equipment protection devices. ' 6. Recommended lubrication, includmg lubricant SAE grade, frequency of required lubrication and an estimate of yearly quantity needed. 7. Recommended step-by-step procedures for all modes of operation. 8. Complete internal and connection wiring diagrams, including list of all electrical relay settings. 9. Recommended preventive maintenance procedures and schedule. T15.21649 -Albertville, MN Hunter's Pass Lift Station SUBMITTALS PAGE 01300-3 10. Complete parts lists, by generic title and identification number with exploded views of each assembly. 11. Recommended spare parts. 12. Disassembly, overhaul, and reassembly instructions. E. The CONTRACTOR shall furnish four (4) complete sets of maintenance manuals bound in black expandable three post binders. Each set shall include a table of contents and a quick reference list of local manufacturer's representatives. 1.9 RECORD DRAWINGS A. The CONTRACTOR shall maintain at the construction site one complete set of drawings suitably marked to show all deviations from the original set of drawings and other information as specified. Supplementary sketches shall be included, if necessary, to clearly indicate all work as constructed. B. All work shall be clearly shown and the record drawings shall be satisfactory to the OWNER in order to insure that adequate information is indicated to show the actual construction. The complete set of the record drawings shall be submitted to the ENGINEER prior to submittal of the final Application for Payment. Failure of the CONTRACTOR to maintain an up-to-date set of record drawings on the project site shall be reason to withhold payments. All underground lines shall be determined from the record drawings. 1.10 MATERIAL SAFETY DATA SHEETS A. The Contractor shall submit two copies of material safety data sheets for each material on site to the OWNER. B. The Contractor shall maintain an orderly file of material safety data sheets at the job site. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) **** END OF SECTION **** L Ci 0 u T15.21649 -Albertville, MN SUBMITTALS Hunter's Pass Lift Station PAGE 01300-4 ' SECTION 01400 -TESTS AND INSPECTIONS PART 1 -- GENERAL 1.1 SCOPE OF TESTS ' A. All materials, equipment, installation, and workmanship included in this contract, if so required by the ENGINEER, shall be tested and inspected to prove compliance with the contract requirements. B. No tests specified herein shall be applied until the item to be tested has been inspected and approval given for the application of such test. C. Tests and inspections shall include: 1. The delivery acceptance tests and inspections. Z. The installed tests and inspections of items as installed. ' 3. Performance guarantee tests. 4. Final testing and start-up. D. Tests and inspections, unless otherwise specified or accepted, shall be in accordance with the recognized standards of the industry. E. The CONTRACTOR shall pay for tests and inspections normally conducted by manufacturers and material suppliers and for any other tests and inspections, which maybe so specified herein. The OWNER shall pay the cost of testing and inspection not normally conducted by manufacturers or ' material suppliers or not specified herein. F. CONTRACTOR shall conduct field tests on his work as required to comply with applicable codes, to ' determine acceptability of workmanship, and as specified including but not limited to the following: 1. Hydrostatic tests of piping, equipment and water retaining structures. 2. Tests of welded joints as specified. ' 3. Leakage tests on steel tanks assembled by CONTRACTOR and hydraulic structures. 4. Calibration tests. 5. Simulation tests on control systems. 6. Preliminary tests and checks associated with placing equipment and systems into service. ' 7. Thickness and holiday tests on painting. 8. Other tests as defined in the specifications. ' 1.2 EVIDENCE OF TEST A. The form of evidence of satisfactory fulfillment of delivery acceptance test and of installed test and inspection requirements shall be, at the discretion of the ENGINEER, either by tests and inspections carried out in his presence or by certificates or reports of tests and inspections carried out by approved persons or organizations. T15.21649 -Albertville, MN Hunter's Pass Lift Station TESTS AND INSPECTIONS PAGE 01400-1 1.3 DELIVERY ACCEPTANCE TESTS A. The delivery acceptance tests and inspections shall be at the CONTRACTOR'S expense for any materials or equipment specified herein and shall include the following: 1. Test of items during the process of manufacture and/or on completion of manufacture, comprising material test, hydraulic pressure tests, electric tests, performance and operating tests, and inspections in accordance with the relevant standards of the industry and, more particularly, as detailed in individual clauses of these specifications or as may be required by the ENGINEER to satisfy himself that the items tested and inspected comply with the requirements of this contract. 2. Inspection of all items delivered at the site in order that the ENGINEER may be satisfied that such items are of the specified quality and workmanship and are in good order and condition at the time of delivery. 1.4 INSTALLED TESTS AND INSPECTIONS OF ITEMS AS INSTALLED A. All mechanical and electrical equipment shall be tested by the CONTRACTOR to the satisfaction of the ENGINEER before any facility is put into operation. Tests shall be as specified herein and shall be made to determine whether the equipment has been properly assembled, aligned, adjusted, and connected. Any changes, adjustments, or replacements required to make the equipment operate as specified shall be carried out by the CONTRACTOR as part of the work. 1.5 PERFORMANCE GUARANTEE TEST A. Where performance guarantee tests are required, the CONTRACTOR shall conduct the test as specified in the presence of ENGINEER. 1.6 FINAL TESTING AND START-UP A. At least 60 days before the time allowed in his construction schedule for commencing testing and start- up procedures, the CONTRACTOR shall submit to the ENGINEER, in duplicate, details of the procedures he proposed to adopt for testing and start-up of all mechanical and electrical equipment to be operated singly and together, excepting when such procedures have been covered in the specifications. Tests of pumps or other equipment requiring water for operation shall be conducted using clear water. The water required for such tests shall be provided by the CONTRACTOR. B. During the testing of mechanical, instrumentation, and electrical equipment, the CONTRACTOR shall make available experienced factory-trained representatives of the manufacturers of all the various pieces of equipment, who shall instruct the OWNER'S personnel in the operation and care thereof. Instruction shall include step-by-step troubleshooting procedures with all necessary test equipment. C. After successful testing, the manufacturer's representatives shall provide the CONTRACTOR with an affidavit that the equipment installation is complete and has been carried out in full conformance with the manufacturer's recommendations. The CONTRACTOR shall forward to the ENGINEER copies of each affidavit received prior to fmal payment. D. If, under test, any portion of the work fails to fulfill the contract requirements and is altered, renewed or replaced, tests on that portion so altered, removed, replaced, together with all other portions of the work as are affected thereby, shall, if so required by the ENGINEER, be repeated within reasonable time and in accordance with the specified conditions, and the CONTRACTOR shall pay to the OWNER all reasonable expenses incurred by the OWNER as a result of the carrying out of such tests. LI CIS ii T15,21649 -Albertville, MN TESTS AND INSPECTIONS Hunter's Pass Lift Station PAGE 01400-2 C'~ u ~! I~ [I ii i E. Before final acceptance of the work, the CONTRACTOR shall return any units, which have been put in temporary storage to an operating condition. He shall demonstrate that all components of the mechanical systems are properly functioning and in a fully operational condition. All pumps, motors, and related equipment shall be operated during the trial period. A range of discharge head conditions shall be affected for pumping units by partially closing valves as directed by the ENGINEER. In the event malfunctions are discovered, the CONTRACTOR shall correct them. If necessary, manufacturer's representatives shall be recalled to make corrections or adjustments. F. Final testing and start-up shall be combined with the instruction of operating personnel to the end that when final testing is completed, the stations can be turned over to the OWNER in an operating condition and the district personnel will be prepared to continue the operation in an orderly manner. Instruction of operating personnel by manufacturer's representatives shall be performed during this period. 1.7 REPEAT TESTS A. Where, in the case of an otherwise satisfactorily installed test, any doubt, dispute or difference should arise between the ENGINEER and the CONTRACTOR regarding the test results or the methods or equipment used in the carrying out by the CONTRACTOR of such test, then the ENGINEER may order the test to be repeated. If the repeat test, using such modified methods or equipment as the ENGINEER may require, substantially confums the previous test, then all costs in connection with the repeat test will be paid the OWNER; otherwise, the costs shall be borne by the CONTRACTOR. Where the results of any installed test fail to comply with the contract requirements for such test, then such repeat tests as maybe necessary to achieve the contract requirements shall be made by the CONTRACTOR at his own expense. 1.8 TESTING AND LABORATORY SERVICES A. Independent Testing Laboratory: Where test or inspections by an independent testing laboratory are required by this specification, the CONTRACTOR shall employ and arrange for, at his expense, the services of an approved independent testing laboratory satisfactory to the ENGINEER to perform the testing utilizing recognized standard procedures and criteria. B. Reports and Certificates: The CONTRACTOR shall submit reports and certificates of all inspections and test to ENGINEER in duplicate. The reports and certificates become the property of the OWNER. C. Sample Materials: The CONTRACTOR shall furnish all sample materials required for these tests and shall deliver same without charge to the testing laboratory or other designated agency when and where directed by them. D. Additional Tests: Any additional tests required beyond these required under this specification may be ordered by the ENGINEER to settle disagreements with the CONTRACTOR regarding quality of work done. If the work is defective, the CONTRACTOR shall pay all costs of the extra tests and shall correct the work. If the work is satisfactory, the OWNER will pay for extra tests. 1.9 ENGINEER'S REPRESENTATIVE AND TESTING A. The ENGINEER will provide apart-time Resident Project Representative (RPR) to ascertain that the work is generally accomplished properly and in accordance with the plans and specifications. Whether in the field or in the CONTRACTOR'S shop or shops of his subcontractors, the RPR shall have full access to the work and shall be given full cooperation. The RPR shall have the authority, subject to the final decision of the ENGINEER, to reject any defective work or material or to suspend the work if not T1521649 -Albertville, MN Hunter's Pass Lift Station TESTS AND INSPECTIONS PAGE 01400-3 n I~J being properly performed. The RPR shall have no authority to permit any deviation from the plans and specifications except on written order from the ENGINEER. B. The OWNER will retain and compensate a qualified testing laboratory to provide testing of concrete, earthwork, roadway surfacing and similar items of work. Field tests and job samples shall be made by the CONTRACTOR at the option of the ENGINEER to ensure proper control of materials and installation of materials under this Contract. 1.10 LEAKAGE TESTING AND DISINFECTION A. General 1. Except as otherwise provided herein, the CONTRACTOR shall furnish all equipment, labor and materials required for testing hydraulic structures and pipelines as specified. Water for testing and disinfecting will be furnished by the OWNER; however, the CONTRACTOR shall make all necessary provisions for conveying the water from the OWNER-designated source to the points of use. 2. All hydraulic structures and pressure pipelines shall be tested; however, disinfection shall be limited to pipelines, tanks, and structures designed for potable water service. Disinfection shall be accomplished by chlorination. Chlorine dosages will be computed by the ENGINEER who will furnish the CONTRACTOR with instructions for proper application of the chlorine. All chlorinating and testing operations shall be done in the presence of the ENGINEER. 3. Disinfection operations shall be scheduled by the CONTRACTOR as late as possible during the Contract time period, so as to assure maximum degree of sterility of the facilities at the time work is accepted by the OWNER. Bacteriological testing shall be performed by a certified testing laboratory acceptable to the OWNER. Results of the testing shall be satisfactory to the Department of Health. 4. Release of water from structures and pipelines, after testing and disinfecting have been completed, shall be as directed by the ENGINEER. 5. Prior to both testing and disinfecting, all hydraulic structures shall be cleaned by thoroughly hosing down all surfaces with a high pressure hose and nozzle of sufficient size to deliver a minimum flow of 50 gpm; all pipelines shall be thoroughly flushed or blown out, as appropriate. B. Testing of Hydraulic Structures 1. Testing shall be performed prior to backfilling, except where otherwise permitted by the ENGINEER. Testing shall not be performed sooner than 14 days after all portions of structure walls have been completed. The test shall consist of filling the structure with water to the maximum operating water surface. The rate of filling shall not exceed 24 inches of depth per day After testing has been completed, water shall be disposed of as directed by the ENGINEER. After the structure has been filled as specified, the leakage test shall be performed as follows: An initial water level reading shall be made. Seven days following the initial reading, a second reading shall be made. The structure shall be considered to have passed the test if water loss during the 7-day period, as computed from the 2 water level readings, does not exceed 0.7 percent of the total volume of water in the structure, after allowance is made for evaporation loss. Should the structure fail to pass the test, the test shall be repeated for up to 3 additional ?-day test periods. If, at the end of 28 days, the structure still fails to pass the leakage test, the CONTRACTOR shall empty the structure as directed by the ENGINEER and shall examine the interior for evidence of any cracking or other conditions that might be responsible for the leakage. Any cracks shall be "vee'd" and sealed with rubber sealant. Any evidence of leakage through the joints shall be repaired to the satisfaction of the ENGINEER. Following these operations, the CONTRACTOR ~'~ i u I~ T15.21649 -Albertville, MN TESTS AND INSPECTIONS ' Hunter's Pass Lift Station PAGE 01400-4 shall again test the hydraulic structure. In the case of a reservoir, the retesting shall again be combined with disinfection exclusive of the spraying operation , . C. Disinfection of Hydraulic Structures and Appurtenant Pipelines ' 1. All hydraulic structures, which store or convey potable water, shall be disinfected by chlorination. Chlorination of hydraulic structures shall be performed in accordance with the requirements of AWWA C652 using Method 1, 2 or 3 or a combination of methods, except that filter basins shall be disinfected in accordance with AWWA C653. D. Hydrostatic Testing of Pipelines 1. Process piping maybe field tested for leakage at 100 psi in accordance with the appropriate section (hydrostatic tests) of AWWA C600-87. Test pressure and duration shall be per AWWA C600-87, and allowable leakage shall be determined in accordance with the formula: L = SD,~P where factors and units are defined as follows: L=Leakage (gaUhr), S=Length (ft.), 133,200 D =Nominal Diameter (in.), and P =Average Test Pressure (PSI}. ' CONTRACTOR shall conduct tests under supervision of the ENGINEER. Line Test Pressure* Forcemains and Watermains 150 psi ' Two-Inch Water Service 150 psi Gravity Full Flow Process Piping 50 psi ' * Test pressure based on the elevation of the lowest point in the line under test and corrected to the elevation of the test gauge . E. Testing Gravity Pipe Lines and Sewer Mains ' 1. Hydrostatic Test Procedure (a) The test section shall be bulkheaded and the pipe be subjected to a hydrostatic pressure produced by a head of water at a depth of three (3) feet above the top of the pipe or sewer at ' the upper structure or manhole under test. In areas where the groundwater exists, this head shall be 3 feet above existing water table. (b) This head of water shall be maintained for a period of one (1) hour for pipe body to absorb water completely and thereafter for a further period of one (1) hour for the leakage test. During this one hour test period, the measured maximum allowable rate of exfiltration shall _ not exceed 100 gallons per inch diameter per mile of pipe per 24 hours. ii Sewer Diameter inches Max. Allowable Loss GaUhr 100 ft. 6 0.5 8 0.6 10 0.8 12 1.0 15 1.2 18 1.4 21 1.7 24 & larger 1.9 2. Air Test Procedure (a) If the CONTRACTOR elects to air test, he shall perform these tests with equipment similar to Air-Loc equipment manufactured by Cherne Industrial Inc., Hopkins, Minnesota. ' T15.21649 -Albertville, MN Hunter's Pass Lift Station TESTS AND INSPECTIONS PAGE 01400-5 u (b) The air test shall be made on clean pipe. The line shall be plugged at each end with pneumatic balls. Low pressure air shall be introduced into the line to pressurize line 4 psi above the average back pressure on pipe due to submergence in groundwater. Allow at least two (2) minutes for air temperature to stabilize and then start timing and the pressure readings. (c) The portion of the line being tested shall not loose air at a rate to cause the pressure to drop form 3.6 psi to 3.0 psi in less time than listed below: Pipe Diameter in. Minimum Allowable Time minutes 4 2.0 6 3.0 8 4.0 10 5.0 12 6.0 14 7.0 15 7.0 18 8.5 20/21 10.0 F. Disinfecting Pipe Lines 1. All potable water pipelines, except those appurtenant to hydraulic structures, shall be disinfected in accordance with the requirements of AWWA C651 using either continuous-feed method as modified herein. 2. Chlorination: A chlorine-water mixture shall be uniformly introduced into the pipeline by means of solution feeding equipment. The chlorine solution shall be introduced at one end of the pipeline through a tap such that an initial concentration of 50 mg/L shall be obtained in the watermain being tested. The dosage of calcium hypochlorite powder containing 70% available chlorine shall be one pound for each 1680 gallons of water of pipe capacity. 3. Retention Period: Chlorinated water shall be retained in the pipeline for at least 24 hours. After the chlorine treated water has been retained for 24 hours, the free chlorine residual at the pipeline extremities and at other representative points shall be at least 10 mg/L. 4. Final Flushing: After applicable retention period, the heavily chlorinated water shall be flushed from the pipeline until chlorine measurements show that the concentration in the water leaving the pipeline is no higher than that generally prevailing in the system or is acceptable for domestic use. If there is any question that chlorinated discharge will cause damage to the environment, a reducing agent shall be applied to the water to neutralize thoroughly the chlorine residual remaining in the water. 5. Bacteriological Testing: After fmal flushing and before the pipeline is placed in service, a sample (or samples) shall be collected from the end of the pipeline and shall be tested for bacteriological quality in accordance with the requirements of the Department of Health. For this purpose the pipe shall be re-filled with fresh potable water and left for a period of 24 hours before any sample is collected. Should the initial disinfection treatment fail to produce satisfactory bacteriological test results, the disinfection procedure shall be repeated until acceptable results are obtained. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) **** END OF SECTION **** 7 ~II ~_ u ii t T15.21649 -Albertville, MN TESTS AND INSPECTIONS Hunter's Pass Lift Station PAGE 01400-6 u 0 ~I'~ u ii I' 0 0 i ii SECTION 01410 -REGULATORY REQUIREMENTS PART 1 -- GENERAL 1.1 SUMMARY A. Applicable codes and standards referred to in these specifications shall establish minimum requirements for equipment, materials, construction and shall be superseded by more stringent requirements of drawings and specifications when and where they occur. B. All equipment furnished and installed under the contract shall be designed, fabricated, assembled, installed, and placed into service. The equipment will conform to the applicable provisions of the Federal and State Safety and Health Standards, including but not limited to Federal Occupational Safety and Health Regulations for Construction; the Division of Environmental Health, Minnesota Department of Health; the Minnesota Pollution Control Agency; the Department of Natural Resources; the Minnesota Department of Transportation, Division of Highways; the Minnesota Industrial Commission and ordinances of the City that apply to this work. C. All construction methods and tools shall comply with commonly accepted standards for safety and health of personnel engaged on construction, including but not limited to Federal Occupational Safety and Health Regulations for Construction; the Division of Environmental Health, Minnesota Department of Health; the Minnesota Pollution Control Agency; the Department of Natural Resources; the Minnesota Department of Transportation, Division of Highways; the Minnesota Industrial Commission and ordinances of the City that apply to this work. D. Any conflicts between specifications and applicable codes and standards shall be referred to the Engineer. 1.2 PERMITS OBTAINED BY OWNER A. The Owner has applied for the following permits from appropriate authorities. It is anticipated that permission to proceed will be authorized prior to execution of Contract. The Contractor shall perform all work and conduct itself in full accordance with the requirements of the applicable permit: 1. Minnesota Pollution Control Agency (MPCA) -General Storm Water Permit -The Contractor and Owner shall jointly apply for this permit once the contract is awarded. B. Contractor shall be responsible for posting any bonds, which maybe required as a condition to any permit, and for securing and paying the cost of any other permits not mentioned above, which may be required. 1.3 PERMITS OBTAINED BY THE CONTRACTOR A. The Contractor shall secure and pay the cost of any other permits not mentioned below, which may be required including but not limited to: 1. Work within City right-of--way permit. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** T15.21649 -Albertville, MN Hunter's Pass Lift Station REGULATORY REQUIREMENTS PAGE 01410-1 u 7 u r Ci SECTION 01560 -TEMPORARY ENVIRONMENTAL CONTROLS PART 1 -- GENERAL 1.1 EXPLOSIVES AND BLASTING A. The use of explosives will not be permitted. 1.2 DUST ABATEMENT A. The CONTRACTOR shall furnish all labor, equipment and means required and shall carry out effective measures wherever and as often as necessary to prevent his operation from producing dust in amounts damaging to property, cultivated vegetation, or domestic animals, or causing a nuisance to persons living in, or occupying buildings in, the vicinity. The CONTRACTOR shall be responsible for any damage resulting from any dust originating from his operations. The dust abatement measures shall be continued until the CONTRACTOR is relieved of further responsibility by the ENGINEER. No separate payment will be allowed for dust abatement measures and all costs thereof shall be included in the CONTRACTOR'S bid price. 1.3 RUBBISH CONTROL A. During the progress of the work, the CONTRACTOR shall keep the site of the work and other areas used by him in a neat and clean condition, and free from any accumulation of rubbish. The CONTRACTOR shall dispose of all rubbish and waste materials of any nature occurring at the work site, and shall establish regular intervals of collection and disposal of such materials and waste. He shall also keep his haul roads free from dirt, rubbish, and unnecessary obstructions resulting from his operations. Equipment and material storage shall be conl`med to areas approved by the ENGINEER. Disposal of all rubbish and surplus materials shall be off the site of construction, at the CONTRACTOR's expense, all in accordance with local codes and ordinances governing locations and methods of disposal, and in conformance with all applicable safety laws, and to the particular requirements of Subpart H, Section 1926.252 of the OSHA Safety and Health Standards for Construction. 1.4 CHEMICALS A. All chemicals used during project construction or furnished for project operation, whether defoliant, soil sterilant, herbicide, pesticide, disinfectant, polymer, reactant or of another classification, shall show approval of either the U.S. Environmental Protection Agency or the U.S. Department of Agriculture. Use of all such chemicals and disposal of residues shall be in strict accordance with the printed instructions of the manufacturer. 1.5 EROSION CONTROL A. The CONTRACTOR shall comply with the MPCA's "General Storm Water Permit" B. The CONTRACTOR shall furnish all labor, equipment and means required and shall carry out effective measures wherever and as often as necessary to prevent his operation from producing any soil erosion in amounts damaging to property or adjacent lands. The CONTRACTOR shall be responsible for any damage resulting from any soil erosion originating from his operations. Erosion abatement measures shall be continued until the CONTRACTOR is relieved of further responsibility by the ENGINEER. No separate payment will be allowed for erosion abatement measures and all costs thereof shall be included in the CONTRACTOR's bid price. T15.21649 -Albertville, MN Hunter's Pass Lift Station TEMPORARY ENVIRONMENTAL CONTROLS PAGE 01560-1 C. Suggested erosion abatement measures are as follows: 1. Proper site grading and prompt turf re-establishment. 2. The use of bales on all excavated or non re-established turf slopes. 3. Completion of all county ditch crossings during workday. 4. Backfilling of all open trenches to within 25 feet of the pipe laying area at the end of each working day. It is also recommended that all open trenches be fenced at the end of the workday to prevent soil being accidentally pushed into the trench and as an additional safety feature. 5. Re-pavement of all disturbed streets as quickly as practical. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) 3.1 GENERAL STORM WATER PERMIT A. Where applicable, the CONTRAC TOR will be required to co-sign fora "General Storm Water Permit" for construction activity with the Minnesota Pollution Control Agency (MPCA). The Owner will initiate the Permit Process and pay the required "Application Fee". The contractor will be required to cosign the permit application and comply with the all the terms and conditions of the permit which also may include performing the required inspections of the erosion control devices. **** END OF SECTION **** J i i u fl 7 J T15.21649 -Albertville, MN TEMPORARY ENVIRONMENTAL CONTROLS ' Hunter's Pass Lift Station PAGE 01560-2 0 ' SECTION 01600 -MATERIALS, EQUIPMENT, LABOR AND WORKMANSHIP PART 1 -- GENERAL ' 1 1 TH E REQUIREMENTS . ' A. B Products T i d . ransportat on an Handling ' C. Storage and Protection 1.2 PR ODUCTS A. In case of conflict between codes, reference standards, drawings and the other Contract Documents, the ' most stringent requirements shall govern. All conflicts shall be brought to the attention of the ENGINEER for clarification and directions prior to ordering or providing any materials or labor. The ' CONTRACTOR shall bid the most stringent requirements. B. The naming of a manufacturer in this specification is not an indication that the manufacturer's standard equipment is acceptable in lieu of the specified component features. Naming is only an indication that the manufacturer may have the capability of engineering and supplying a system as specified. All ' exceptions to the specifications shall be indicated in the shop drawing. C. Unless otherwise specified, all equipment and materials shall be new and of first line quality. All ' workmanship shall be of first line quality and free from defects. D. All equipment and materials incorporated in the work shall be designed to meet the applicable safety standards of federal, state and local laws, rules and regulations. Ail equipment requiring electrical ' power shall have Underwriter Laboratories "UL" label. Equipment sent to the project site without "UL" label will be rejected. E. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the source, kind and quality ' of equipment and materials. ' F. CONTRACTOR shall furnish, or require his subcontractors to furnish, proper tools and equipment and the services of all mechanics, laborers, and other employees necessary in the construction, testing, and execution of the work and the placing of all equipment in service. G. All equipment and materials shall be applied, installed, connected, erected, used, cleaned and ' conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processor, except as otherwise provided in the Contract Documents. ' 1.3 TR ADE NAMES AND ALTERNATIVES A. For convenience in designation in the Contract Documents, materials to be incorporated in the WORK maybe designated under a trade name or the name of a manufacturer and its catalog information. The use of alternative material which is equal in quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements: 1. The burden of proof as to the quality and suitability of such alternative equipment products, or ' other materials shall be upon the CONTRACTOR. MATERIALS, EQUIPMENT, LABOR T15.21649 -Albertville, MN AND WORKMANSHIP Hunter's Pass Lift Station PAGE 01600-1 2. The ENGINEER will be the sole judge as to the comparative quality and suitability of such alternative equipment, products, or other materials and its decision shall be final. B. Wherever in the Contract Documents the name or the name and address of a manufacturer or distributor is given for a product or other material, or if any other source of a product or material is indicated, such information is given for the convenience of the CONTRACTOR only, and no limit, restriction, or direction is indicated or intended thereby, nor is the accuracy or reliability of such information guaranteed. It shall be the responsibility of the CONTRACTOR to determine the accuracy of the information and to identify and locate any such manufacturer, distributor, or other source of any product or material called for in the Contract Documents. 1.4 TRANSPORTATION AND HANDLING A. All equipment shall be adequately and effectively protected against damage from moisture, dust, handling, or other cause during transport from the CONTRACTOR's premises to the site. Ponding of water shall not be permitted in the equipment storage area. B. Prior to any equipment delivery, the CONTRACTOR shall attain the manufacturer's storage requirements for his equipment and forward one copy to the ENGINEER. C. Each item or package shall be clearly marked with the appropriate number of this specification, and each separate portion of the plant shall receive, as far as practicable, a fitting or distinguishing mark which shall be shown on the packing lists. Each item of equipment shall have a firmly affixed label or tag with its equipment number or other discrete identifying marks. D. The bearings of motors shall be relieved of load during transport by means of jacks or some other method to prevent "Brinelling." E. Stiffeners shall be used where necessary to maintain shapes and to give rigidity. Parts or equipment may be delivered in assembled or sub-assembled units where possible. 1.5 STORAGE AND PROTECTION A. Products shall be stored in accordance with the manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather-tight enclosures which maintain temperature and humidity recommended by the manufacturer. B. Store loose granular materials on solid surfaces in well-drained area; prevent mixing with foreign matter. C. Arrange storage to provide access for inspection. D. Prior to and after installation, all equipment shall be protected against weather, dust, moisture and mechanical damage. During concrete operations, including finishing, all equipment that maybe affected by cement dust must be completely covered. During painting operations, all grease fittings and similar openings shall be covered to prevent the entry of paint. Electrical switchgear, unit substation, and motor load centers shall not be installed until after the concrete work in those areas has been completed and accepted and the ventilation systems installed. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) **** END OF SECTION **** J L i r u MATERIALS, EQUIPMENT, LABOR T15.21649 -Albertville, MN AND WORKMANSHIP ' Hunter's Pass Lift Station PAGE 01600-2 ' SECTION 01700 -PROJECT CLOSEOUT ' PART 1 -- GENERAL 1.1 CL EANUP ' A. The CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the work, and at the completion of the work he shall remove all waste materials, rubbish and debris from the premises as well as all tools, construction equipment and machinery, and surplus materials. He shall leave the site clean and ready for occupancy by the ' OWNER. Early acceptance of process equipment shall not waive clean up prior to final acceptance. B. The Contract shall provide cleaning of all surfaces, systems and fixtures, including removal of labels, ' tags, grease, oil, dirt stains, etc. C. This cleaning will include removal of dust from walls and other vertical surfaces and ceilings washing , of all glass and counter surfaces. It also will include cleaning and waxing or sealing of all floors as specified for the individual floor material. ' D. Upon acceptance of a building, the OWNER will assume the normal janitorial cleaning services. Re- cleaning of any soiled areas due to CONTRACTOR'S operation shall be the responsibility of the CONTRACTOR. ' 1.2 GU ARANTEE A. The CONTRACTOR shall guarantee all work and material against all defects for a period of at least one year from substantial completion or as specified in the General Conditions or under various items. ' The CONTRACTOR shall repair or replace any such defective work and materials to conform to the provisions of the contract and without expense to the OWNER, within ten (10) days after notification in writing by the OWNER or ENGINEER of such defective work or material. The CONTRACTOR shall ' perform his work so as to cause the OWNER a minimum of inconvenience and interruption of services. If the CONTRACTOR has not done said repairs or replacements or made arrangements for the correction thereof within the period specified above, the OWNER may do so and charge the cost to the CONTRACTOR. B. Guarantee on equipment placed into operation prior to substantial completion shall start from the date of substantial completion. ' C If f b . per ormance ond is posted, the performance bond will not be released until the guarantee period is over. ' 1.3 CORRECTION OF DEFECTIVE WORK DURING THE WARRANTY PERIOD A. If, during the warranty period, any work is found to be defective, the CONTRACTOR shall promptly, ' without cost to the OWNER and in accordance with the OWNER's written instructions, either correct such defective work, or if it has been rejected by the OWNER, remove it from the site and replace it with acceptable work. ' B. Replacement of earth fill or backfill, where it has settled below the required finish elevations, shall be considered as a part of such required repair work, and any repair or resurfacing constructed by the CONTRACTOR which becomes necessary by reason of such settlement shall likewise be considered as ' part of such required repair work. T 15.21689 -Albertville, MN Hunter's Pass Lift Station PROJECT CLOSEOUT PAGE 01700-1 C. If the CONTRACTOR does not promptly comply with the terms of such instructions, the OWNER may have the defective work corrected or the rejected work removed and replaced and all direct and indirect costs of such correction or removal and replacement, including compensation for additional professional services, shall be paid by the CONTRACTOR. D. The OWNER shall give notice of observed defects with reasonable promptness. E. Under emergency conditions, the OWNER may remedy defective work without waiting for action by the CONTRACTOR. The OWNER will notify the CONTRACTOR immediately of the circumstances and actions taken and the CONTRACTOR shall pay all reasonable substantiated costs of such actions. 1.4 FINAL INSPECTION A. After the cleaning up of the work, premises, and all other areas and structures connected with the performance of the contract, the work as a whole, shall be inspected by the ENGINEER and OWNER; and, any workmanship or materials found not meeting the requirements of the specifications shall be removed by, and at the expense of, the CONTRACTOR and good and satisfactory workmanship or material substituted therefore. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 1.5 PROJECT ACCEPTANCE A. The project shall be accepted after the fmal inspection has been conducted and all settlement, defects, damages, etc., discovered during the final inspection have been remedied. 1.6 FINAL SUBMITTALS A. The CONTRACTOR, prior to requesting fmal payment, shall obtain and submit the following items to the ENGINEER for transmittal to the OWNER: 1. Written guarantee, where required. 2. Operating manuals and instructions. 3. Keying schedule. 4. Maintenance stock items; spare parts, special tools. 5. Completed record drawings. 6. Bonds for roofing, maintenance, etc., as required. 7. Certificates of inspection and acceptance by local governing agencies having jurisdiction. 8. Releases from all parties who are entitled to claims against the subject project, property or improvement pursuant to the provision of the law. 1.7 FINAL ESTIMATE AND PAYMENT A. When the ENGINEER is of the opinion that the CONTRACTOR has completely performed all work required under the contract, he will submit to the CONTRACTOR a draft of the fmal estimate. The CONTRACTOR will be expected to submit his written approval of said fmal estimate within 5 calendar days after receipt, or in the event the CONTRACTOR disagrees with said final estimate, he shall within said 5 day period, file a written statement of all claims which he intends to present. If the CONTRACTOR delays more than 5 calendar days in approving said final estimate or in presenting his own claims, the time for the final payment shall be extended by the period of such delay. i~ ~~ J C~ L is T1521649 -Albertville, MN PROJECT CLOSEOUT Hunter's Pass Lift Station PAGE 01700-2 B. Upon receipt by the ENGINEER of the CONTRACTOR'S written approval of said final estimate, the ENGINEER will certify physical completion of the work to the OWNER and will recommend acceptance of the work. ' C. After acceptance of the work by the OWNER's governing body and 30 calendar days after filing of the Notice of Completion, the OWNER will pay to the CONTRACTOR the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the contract. ' In the event acceptance of the work is delayed more than 30 calendar days beyond the date of the last partial payment under the contract, the OWNER will make a further partial payment. D. If the CONTRACTOR disagrees with the ENGINEER's fmal estimate and files a written statement of his claims in accordance with Subsection 01700-1.7 A., the ENGINEER will issue, as asemi-final estimate, the proposed estimate submitted to the CONTRACTOR, and the OWNER will make payment to the CONTRACTOR in accordance with the provisions of Subsection 01700-1.7 C. The ' ENGINEER then will investigate the CONTRACTOR'S claims, make any revisions to said semi-fmal estimate as he deems appropriate, and certify in writing to the OWNER the amount and value of the work performed by the CONTRACTOR. The OWNER then will make final payment to the CONTRACTOR in accordance with the provisions of Subsection 01700-1.7 C. E. Final payment terminates liability of OWNER. The acceptance by the CONTRACTOR of the final payment shall be a release of the OWNER and its agents from all claims of and liability to the ' CONTRACTOR for anything done or furnished for, or relating to, the work or for any act or neglect of the OWNER or of any person relating to or affecting the work, except claims against the OWNER for the remainder, if any, of the amounts kept or retained. The CONTRACTOR shall certify [that the provisions of Minnesota Statues 290.92 have been complied with, and] that all claims against the CONTRACTOR by reason of the CONTRACT have been paid or satisfactorily secured. PART 2 -- PRODUCTS (NOT USED) ' PART 3 -- EXECUTION (NOT USED) C C r T15.21649 -Albertville, MN Hunter's Pass Lift Station **** END OF SECTION **** PROJECT CLOSEOUT PAGE 01700-3 SECTION 02000 -GENERAL INFORMATION PART 1 -- GENERAL 1.1 THE REQUIREMENTS A. The Contractor shall furnish all labor, materials, tools, and equipment and perform all work and services necessary or incidental for site work and yard improvements in accordance with the requirements of the Contractor Documents. B. The site work includes, but is not limited to, the following major items of work: 1. Site Preparation 2. Excavation, Backfill and Grading 3. Erosion Control ' 1.2 SUMMARY OF WORK A. The General Conditions, Supplementary Conditions and Special Conditions of these Contract Documents apply to Division 2. 1.3 REFERENCE SPECIFICATIONS, CODES AND STANDARDS ' A. The State of Minnesota, Department of Highways, "Standard Specifications for Construction," 2000 Edition and Current Supplemental Specifications for Construction Division II & III, shall govern. The numbers shown in parenthesis in the following Special Provisions refer to the section of the governing specifications. B. "Standard Utilities Specifications for Watermain and Sanitary Sewer and Storm Sewer Installation," as ' prepared and published by the City Engineers Association of Minnesota, dated 1999 shall apply to construction in this contract except as modified or altered in these Special Provisions and are referred to as CEAM Specifications. ' PART 2 -- PRODUCTS 2.1 SHOP DRAWINGS ' A. All submittals of Shop Drawings and Equipment Data shall be as specified in Section 01300 "Submittals". ' PART 3 -- EXECUTION 3.1 RIGHT-OF-WAY ' A. The Contractor shall confine his area of operations to the space within the boundaries of the easements and property lines shown on the plans. ' B. The Contractor shall be held responsible for unnecessary damage to all the existing facilities. Care shall be used to avoid injury to property. ' C. It shall be the responsibility of the Contractor to comply with local road restrictions. T15.21649 -Albertville, MN GENERAL INFORMATION Hunter's Pass Lift Station PAGE 02000-1 n D. Work in agricultural areas shall be limited to the easement area to avoid any crop damages being claimed. 3.2 ESTABLISHING LINE AND GRADE A. Survey control monuments, benchmarks, or other reference points shall be protected. If damaged or destroyed through negligence of Contractor, they shall be replaced at the Contractor's expense. The Engineer shall provide qualified personnel, and necessary equipment to properly set horizontal and vertical control stakes for laying out the various structures and piping. The property boundary corners or survey control points shall be set by the Engineer. B. In the event of apparent or questionable errors or inconsistencies in such stakes or references set for the control of line and/or grade, the Contractor shall promptly notify the Engineer of such error or inconsistency and shall not proceed with the work until such stake, grade or mark has been verified or corrected by the Engineer. 3.3 INTERFERENCE OF UNDERGROUND STRUCTURES A. The Contractor shall protect from damage all existing sanitary sewer and sanitary sewer manholes, storm sewer and storm sewer manholes, gas lines and regulators, watermains, watermain valve boxes, underground or overhead telephone wires or cables, underground or overhead electric wires or cables and all other similar utilities, including service connections, curb and gutter and sidewalk, except as required to be removed for the actual construction of the project. See Reference Specification CEAM 2621.3A2. B. The existing utilities must remain in service throughout the construction period. The Contractor shall provide all labor, equipment and appurtenances, to properly perform this requirement. This work shall be considered incidental to the construction. C. The utility information shown on the plans may not be completely accurate and is furnished from information supplied by the various utility companies and the OWNER as an indication of the presence of utility lines in the vicinity of construction. It is the sole responsibility of the Contractor to contact the utility companies to determine the extent and exact location of their facilities and to ascertain whether they are likely to be affected by the construction. The Contractor shall review with them the location of any and all of their utilities and improvements within the project limits and shall discuss his intended progress. In the event of accidental or necessary damage to any such facility, he shall immediately notify the utility company and shall cooperate fully in whatever is necessary to repair such facility or restore service. Exploratory excavation shall be coordinated with the utility companies to assure the exact locations. D. The Contractor shall assume full responsibility for all damages to property of such character, resulting from any act, omission, neglect or misconduct in the execution or non-execution of the work, except that he will not be held responsible for damage to underground property within the right of way of its existence and approximate location was not made known to him before the damage was done. To the extent of his liability, and his own expense, the Contractor shall restore damaged property to a condition equal to that existing before the damage was done, by repairing, rebuilding or replacing it as directed, or he shall otherwise compensate for the damage in an acceptable manner. E. Any services which are cut or otherwise damaged shall be repaired and/or rebuilt with the same materials or structurally heavier material than that which the service is constructed. T15.21649 -Albertville, MN GENERAL INFORMATION Hunter's Pass Lift Station PAGE 02000-2 r r C ~I r CI' r fl fl ~~ Ifl ~I ~~~ 7 7 0 0 0 F. It is recommended that the Contractor conduct exploratory excavations ahead of the construction to locate utilities and reduce conflicts which may affect the progress of the project. These excavations are at the Contractor's expense, unless the excavations are requested by the OWNER. G. Existing sanitary sewer or storm sewer pipes which are not removed shall be abandoned. Plug all open ends with brick and mortar or concrete. This will be considered incidental work. 3.4 PROTECTION OF SURFACE IMPROVEMENTS A. The Contractor shall provide protection during construction for buildings, structures, street crossing, and other facilities located within the construction and/or perpetual easement areas which are not noted to be removed in the plans. B. The Contractor shall protect existing trees, shrubs, lawns, utilities, buildings and other features or facilities, on or adjacent to the site from damage where such items are not designated to be removed. The Contractor shall replace damaged items at his own expense. C. No direct compensation shall be paid to provide the necessary protection (such as sheeting, shaping, bracing, tunneling, etc.) for the facilities. This work shall be considered incidental to the project. D. The Contractor shall exercise extreme care in constructing that segment of the relief sewer constructed on private property. Contact landowners prior to entering upon their property. Property damage shall be corrected by the Contractor at his expense. 3.5 REMOVAL OF SURFACE IMPROVEMENTS A. The Contractor shall refer to CEAM Specification 2621.3A4. B. Concrete surfaces shall be sawed prior to excavation of the trench, unless a construction joint is convenient to the trench limits. C. Bituminous street surface shall be sawed or cut, as stated in the referenced specification, prior to the excavation of the trench. D. Trees to be cleared and grubbed are shown on the plans. In general, the work shall be done as described in Mn/DOT Specification 2101. Brush shall be cleared and grubbed; the cost for doing so shall be incidental to the construction of the project. Trees shall be determined by counting the number of trees cleared which measure more than four (4) inches in diameter at a point two (2) feet above the ground surface. Trees of smaller diameter shall be considered as brush. 3.6 SHEETING AND BRACING EXCAVATION A. The Contractor shall refer to CEAM Specification 2621.3B4. B. 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. T15.21649 -Albertville, MN Hunter's Pass Lift Station GENERAL INFORMATION PAGE 02000-3 C. 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. D. 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 in place structures to any extent that may cause damage. E. Sheeting, shoring and bracing materials shall be removed only when and in such manner as will assure adequate protection of the in place 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 maybe 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. F. 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 incidental to the CONTRACT and will not be compensated for separately. 3.7 PREPARATION AND MAINTENANCE OF FOUNDATIONS A. The Contractor shall perform any dewatering of the area excavated at his own expense. B. Bedding required to stabilize the trench bottom shall be incidental to the construction of the project. C. Coarse rock bedding or granular encasement of the PVC pipe is required and shall be considered as incidental to the cost of the pipe in place. The bedding and encasement zone shall extend from 6 inches below the pipe barrel to 1 foot above the pipe barrel. **** END OF SECTION **** ii ~J C' 0 ii n T15.21649 -Albertville, MN GENERAL INFORMATION ' Hunter's Pass Lift Station PAGE 02000-4 0 J J PART 1 -- GENERAL 1.1 GENERAL SECTION 02010 -SUBSURFACE INVESTIGATION A. It shall be the responsibility of the Contractor to examine the site of the project and become familiar with all site conditions relating to the construction of the project. ' B. The Contractor shall accept the site in the condition it is in. 1.2 SOIL INFORMATION ' A. Soil borings have been made on the construction sites. Copies of the data obtained are attached in Appendix A. The information contained in the above referenced document is being made available to the Contractor solely for his information and convenience. The information and data contained in the ' referenced document do not constitute a part of the Contract. B. Neither the OWNER nor the Engineer represents that the information being made available shows the t complete range of conditions which will be encountered in the construction of the Project. The information furnished in the referenced document represents only the opinion of the OWNER and the Engineer as to the character of materials encountered during field investigations. All surface water and ground water levels indicated in the soils report refer to levels at the time of the field investigation only. ' C. The OWNER and the Engineer disclaim responsibility for any opinions, conclusions, interpretations, or deductions that maybe expressed or implied in any of the information and data contained in the ' referenced document, it being expressly understood that the making of deductions, interpretations, and conclusions is the Contractor's sole responsibility. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) i T15.21649 -Albertville, MN Hunter's Pass Lift Station **** END OF SECTION **** SUBSURFACE INVESTIGATION PAGE 02010-1 i r SECTION 02370 -TEMPORARY EROSION CONTROL ' PART1-- GENERAL 1.1 SUMMARY ' A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to temporary erosion control as indicated on the plans or as specified herein or as directed by the Engineer. u J Il J 7 n u u L ~_ 1.2 METHOD OF MEASUREMENT AND PAYMENT A. The furnishing and installing specific items and/or the performance of work shall not be individually paid. The costs shall be included in the lump sum. Such items of work include but are not limited to: 1. Complying with the MPCA's "General Storm Water Permit", where applicable. 2. Maintaining clean exit areas or roads from the site. 3. Sweeping adjacent streets clean of excess soil. 4. Cleaning storm sewers, drain tiles and culverts that have been partially or completely obstructed by sediment that originated from the site. 1.3 SPECIFICATION REFERENCES A. Mn/DOT Specification Section 2573 shall apply to the construction of temporary erosion control. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS 2.1 MATERIALS A. No exception to the referenced specification is made. B. The following is added to Mn/DOT 2573.2: H Fiber Log Mn/DOT 3895 I Temporary Ditch Checks Mn/DOT 3889 C. Silt Fence -Heavy Duty & Machine Sliced (Mn/DOT 2573.502) 1. Heavy duty and machine sliced silt fence shall be installed in accordance with the Details shown on the Plan at the locations determined by the Engineer 2. All silt fence installed shall be removed according to individual drainage areas after fmal stabilization of vegetative cover meets 70% of surface area as required by the NPDES Permit, unless otherwise determined by the Engineer. 3. Prior to final acceptance, all excess sediment shall be removed and damaged sections repaired before silt fence installations are accepted. T15.21649 -Albertville, MN Hunter's Pass Lift Station TEMPORARY EROSION CONTROL PAGE 02370-1 PART 3 -- EXECUTION 3.1 TEMPORARY EROSION CONTROL A. The Contractor shall control drainage and erosion on the project including: haul roads, temporary construction, waste disposal sites, plant and storage locations, and borrow pits, other than commercially operated sources. The contractor shall clean up the area, shape the area to allow storm runoff with a minimum of erosion and/or siltation, replace topsoil, and establish vegetative cover to the satisfaction of the Engineer on areas where the potential for pollution has been increased due to the Contractor's operations. B. Unless precluded by snow cover, all exposed soil areas with a continuous positive slope within 100 feet of surface waters, or from a curb, gutter, storm sewer inlet, temporary or permanent drainage ditch, or other storm water conveyance system, shall have temporary protection or permanent cover for the exposed soil areas within the following time frames (For the purpose of this provision, exposed soil areas do not include stockpiles or surcharge areas of sand, gravel, aggregate, concrete, or bituminous.): Type of Slope Temporary Protection or Permanent Cover Where the Area Has Not Been, or Will Not Be Worked b the Contractor for: Steeper than 1 Vertical: 3 7 Days Horizontal Between 1:3 and 1:10 14 Da s Flatter than 1:10 21 Da s C. When the Engineer determines that the erosion control practices installed by the Contractor have failed, the Contractor shall correct the cause and alleviate all sediment deposition outside the construction limits, to the fullest extent possible. Unless the project has received approval or certification for depositing fill into surface waters, the Contractor shall remove all deltas and sediment deposited in drainage ways or catch basins and re-stabilize the areas where sediment removal results in exposed soil. The removal and stabilization shall take place within 7 calendar days of discovery unless precluded by legal, regulatory, or physical access restraints. If precluded, removal and stabilization must take place within 7 calendar days of obtaining access. The Contractor is responsible for contacting all local, regional, State, and Federal authorities before working in surface waters and obtaining applicable permits. D. No direct compensation for temporary erosion control shall be made. 3.2 CONSTRUCTION REQUIREMENTS A. A goal of the project during construction is to get the cleanest water possible into the storm drainage systems as quickly as possible. Every effort shall be required by the Contractor to achieve this goal. B. The Contractor shall install erosion control devices where control is required and/or where directed by the Engineer. The erosion control measures as shown on the plans shall be considered the minimum requirements with additional measures required dependent on construction sequencing and scheduling. C. Where applicable, the Contractor will be required to co-sign fora "General Storm Water Permit" for construction activity with the Minnesota Pollution Control Agency (MPCA). The application form and information is included an appendix of these specifications. The Owner will initiate the Permit process and pay the required "Application Fee". The Contractor will be required to comply with all of the terms and conditions of die Permit which also includes performing the required inspections of the 7 r 0 ~~ T1S.21649 -Albertville, MN TEMPORARY EROSION CONTROL Hunter's Pass Lift Station PAGE 02370-2 1 ' erosion control devices and maintaining an Inspector's Log for the MPCA Storm Water Permit. A copy of the proposed "Log" form is included in the appendix. D. Bale Checks shall be used around catch basins and/or other surface water accesses to any existing or proposed storm water conveyance system. E. The Contractor shall take all steps necessary to prevent excess soil erosion of the project. Temporary erosion control devices shall be constructed, maintained and left in place to such time as permanent ' erosion control measures are in place or instructed to remove them by the Engineer. Exit areas or roads shall be kept clean of excess soil by routine sweeping. ' F. The Contractor shall construct temporary sediment traps with granular outlets within the disturbed roadway area and shall stockpile a sufficient quantity of suitable fill material to re-grade sedimentation ponds and temporary ditches to match the subgrade elevation. ' G. The Contractor shall salvage, transport and place cohesive materials excavated from the work for use in constructing the berm for the temporary sediment traps. H. Prior to construction, the Owner, Engineer and Contractor shall observe the existing storm water outfall system and discharge area and shall document the existing conditions. Upon completion of the paving and turf establishment, the storm water outfall system and discharge area shall be observed and all increased sediment deposits shall be removed and disposed of by the Contractor. All increases in sediment deposits shall be considered to have originated from the project site. ' ****END OF SECTION**** 7 u u n r T15.21649 -Albertville, MN Hunter's Pass Lift Station TEMPORARY EROSION CONTROL PAGE 02370-3 SECTION 02720 -AGGREGATE BASE PART 1 - GENERAL ' 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work ' and services necessary or incidental to construct the aggregate base course as indicated on the drawings or as specified herein. ' 1.2 METHODS OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: ' 1. Payment for this item shall be included in the Lump Sum bid price for this Project. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the lump sum bid for the associated aggregate items. Such items of work include but are not limited to: ' 1. Protecting existing improvements and previously accepted in-process improvements from damage. 2. Subgrade excavation, furnishing stabilizing aggregate, geotextile fabric installation, compaction, regrading and/or other efforts necessary to repair the subgrade after satisfying the rolling test and ' failing to protect the integrity of the subgrade. 3. Gradation and compaction testing to meet requirements of Source and Field Quality Control, if required. ' 1.3 SPECIFICATION REFERENCES A. Mn/DOT Specification Section 2211 shall apply to the construction of aggregate base except as ' , modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. ' PART 2 -- PRODUCTS 2.1 MATERIALS t A. When no percent crushing is designated in the Schedule of Prices, the material to be used shall conform to the Specifications for Aggregate Base Class 5 modified so that the percent passing the No. 200 sieve ' shall be 5 to 10 percent. B. Materials included here consists of new aggregate surfacing, Class 5 aggregate base, aggregate bedding (rock), bedding and encasement material. If additional rock is used to provide a coarser Class 5 ' gradation, the added materials must pass the Los Angeles Rattler (L.A.R.) test. The percent crushed shall also be tested on the aggregate surfacing or aggregate base class 5 samples. ' T 15.21649 -Albertville, MN AGGREGATE BASE Hunter's Pass Lift ©Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02720-1 Station ' SECTION 02740 -PLANT-MIXED BITUMINOUS SURFACING ' PART 1 -- GENERAL ' 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work ' and services necessary or incidental to the construction of plant-mixed bituminous surfacing as indicated on the plans or as specified herein. ' B. This is a Certified Plant Proiect. The supplier shall have sufficient testing facilities and qualified personnel including Certified Technicians. If requested by the Engineer, the required tests shall be performed in a timely manner and with a good quality control program. ' 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced ' specification or as modified below: 1. Payment shall be included in the Lump Sum price for this Project._The amount bid shall include all material and work required to mix and place the tack coat specified. ' 2. Payment shall be included in the Lump Sum price for this Project for bituminous surfacing for the respective bituminous courses. The amount bid shall include all material and work required to mix and place the bituminous course specified. ' 3. Payment shall be included in the Lump Sum price for this Project for bituminous surfacing for the respective bituminous courses and compacted depth specified. The amount bid shall include all material and work required to mix and place the bituminous course specified. ' 4. The Contractor shall allow one thousand dollars ($1,000) in the bid to cover the expense of taking ten (10) random, 3-inch diameter core samples and patching the bore holes. Should any or all of the core samples be deleted. the proportionate core expense shall be deducted from the final proiect ' cost. Additional core samples required by the Engineer shall be compensated at thirty dollars ($30) per core. ' B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the unit price bid for the associated bituminous paving items. Such items of work include but are not limited to: 1. Equipment and materials necessary for meeting the testing requirements of Source Quality Control for the bituminous tack coat, if required, include in price bid for bituminous tack coat. 2. The cost of all labor, equipment and materials necessary to comply with the testing requirements of ' the "Certified Plant" designation, include in price bid for Plant-Mixed Bituminous Surfacing. 3. The cost of all labor, equipment and materials necessary for constructing clean, vertical, solid edge at the adjacent asphalt surface, include in the price bid for Plant-Mixed Bituminous surfacing. ' 1.3 SPECIFICATION REFERENCE A. Mn/DOT Specification Section 2350, Plant Mixed Asphalt Pavement, shall apply to the construction of plant-mixed bituminous surfacing, except as modified herein. A copy of Standard Specification 2350 is available from the Engineer upon request. T 15.21549 -Albertville, MN PLANT-MIXED BITUMINOUS SURFACING ' Hunter's Pass Lift ©Bolton & Menk. Inc. 2004. Atl Rights Reserved PAGE 02740-1 Station , 1. Mn/DOT Specification Section 2357 shall apply to the construction of bituminous tack coat, except as modified herein. 2. Mn/DOT Section 02350.6B5 : The maximum payment factor for density is 100%. ' 3. Mn/DOT Section 02350.7C (pavement smoothness) is hereby DELETED. B. Unless noted otherwise, the provisions in this Section are in addition to the referenced specification. ' PART 2 -- PRODUCTS 2.1 MATERIALS A. The bituminous material for tack coat shall be CRS-1 or CRS-2. , B. Bituminous material for the bituminous mixture shall be PG 58-28 asphaltic cement. C. No recycled materials will be allowed in the bituminous wearing course. ' D. The wear mix shall be produced with gradation 3 aggregate for lifts of 1-1/2" and more, and shall be produced with gradation 4 aggregate for lifts of less than 1-1/2". ' PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS ' A. Bituminous Tack Coat 1. The material shall be applied at the rate of 0.05 gallons per square yard. ' 2. The contact surfaces of all fixed structures, the edge of the in-place mixture in all courses at transverse joints, and the wearing course at longitudinal joints shall be given a uniform coating of Liquid Asphalt or Emulsified Asphalt before placing the adjoining mixture. The bituminous ' material shall be applied by methods that will ensure uniform coating and in no case shall the application be excessive. B. The Contractor is requued to use the self-propelled pneumatic tire roller as an intermediate roller on the wearing courses. C. The bituminous surfacing shall be constructed with maximum deviation of plus or minus 1/4-inch from. , the planned compacted thickness. D. The contact surfaces of all fixed structures, the edge of the in-place mixture in all courses at transverse joints, and the wearing course at longitudinal joints shall be given a uniform coating of Liquid Asphalt or Emulsified Asphalt before placing the adjoining mixture. The bituminous material shall be applied by methods that will ensure uniform coating and in no case shall the application be excessive. Refer to ' Specification 02745 for compensation. E. Cut the adjacent asphalt surface prior to construction of the bituminous surface course to obtain a clean, ' vertical, solid edge. ****END OF SECTION**** ' T 15.21549 -Albertville, MN PLANT-MIXED BITUMINOUS SURFACING Hunter's Pass Lift ©Bolton & Menk Inc. 2004. All Ri~,hts Reserved PAGE 02740-2 ~ ' Station 0 7 7 I!~ 1 i J i i SECTION 11000 -EQUIPMENT GENERAL PROVISIONS PART 1 -- GENERAL 1.1 THE REQUIREMENTS A. The Contractor shall furnish all equipment not designated as OWNER furnished in the bidding documents. B. The Contractor shall install all equipment complete with necessary appurtenances to provide a complete, and operable system. C. The Contractor shall furnish complete shop drawings of all mechanical equipment, together with appurtenant piping, valves, and controls. D. Each item of equipment shipped shall have a legible identifying mark or tag corresponding to the equipment number shown or specified for the particular item. E. All equipment shall be designed to meet federal and state noise levels and safety requirements. F. The Contractor shall furnish and install all oils and lubricants required for initial equipment start-up. G. Contractor's bid price shall include the costs of any necessary manufacturer's representatives which may be required for equipment installation and start-up. Unless otherwise specified, a manufacturer's field representative shall be provided for a minimum of 8 hours start-up services for each piece of process equipment. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Section 01300 Submittals B. Section 16950 Instrumentation and Control 1.3 REFERENCE SPECIFICATIONS, CODES AND STANDARDS A. Codes: 1. Uniform Building Code (UBC) -Latest Edition 2. National Electric Code ANSI/NFPA 70 3. References herein to "Plumbing Code" or NPC shall mean the National Plumbing Code of the American Public Health Association and the American Society of Mechanical Engineers (APHA/ASME). The latest edition of the codes, as adopted as of the date of award by the agency having jurisdiction, shall apply to the work herein. B. Commercial Standards All equipment, products, and their installation shall be in accordance with the following standards, as applicable, and as specified in each Section of these specifications: 1. American Society for Testing and Materials (ASTM). 2. American Public Health Association (APHA). 3. American National Standards Institute (ANSI). 4. American Society of Mechanical Engineers (ASME). 5. American Water Works Association (AWWA). 6. American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE). ' T15.21649 -Albertville, MN Hunter's Pass Lift Station EQUIPMENT GENERAL PROVISIONS PAGE 11000-1 0 ii 7. American Welding Society (AWS). 8. National Fire Protection Association (NFPA). 9. Federal Specifications (FS). 10. National Electrical Manufacturers Association (NEMA). 11. Manufacturer's published recommendations and specifications. 12. General Industry Safety Orders (OSHA). The following standazds have been referred to in this Section of the specifications: ANSI B16.1-75 Cast Iron Pipe Flanges and Flanged Fittings Class 25, 125, 250 and 800. ANSI B 16.5-81 Pipe Flanges and Flanged Fittings, Steel, Nickel Alloy, and Other Special Alloys. ANSI B46.1-78 Surface Texture. ANSI S 12.6-84 Method for the Measurement of the Real-Eaz Attenuation of Hearing Protectors. ANSI/ASME B1.20.1-83 General Purpose Pipe Threads (Inch). ANSI/ASME B31.1-83 Power Piping. ANSUAWWA D100-84 Welded Steel Tanks for Water Storage. AWWA C206-82 Field Welding of Steel Water Pipe. ASTM A 48-83 Specification for Gray Iron Castings. ASTM A 108-81 Specification for Steel Bazs, Carbon, Cold-Finished, Standard Quality 1.4 CONTRACTOR SUBMITTALS A. Shop Drawings: The CONTRACTOR shall furnish complete shop drawings for all equipment specified in the various Sections, together with all piping, valves, and controls for review by the ENGINEER in accordance with Section 01300 entitled "Submittals". B. O & M Manuals: Complete and descriptive operation and maintenance manuals shall be submitted in accordance with Section 01300 entitled "Submittals". C. Tools: The CONTRACTOR shall supply one complete set of special wrenches or other special tools necessary for the assembly, adjustment, and dismantling of the equipment. All tools shall be of best quality hardened steel forgings with bright, fmished heads and with work faces dressed to fit nuts. The set of tools shall be neatly mounted in a labeled tool box of suitable design provided with a hinged cover. D. Spare Parts: The CONTRACTOR shall obtain and submit from the Supplier a list of suggested spaze parts for each piece of equipment. After approval, he shall furnish such spaze parts suitably packaged, identified with the equipment number, and labeled. He shall also furnish the name, address, and telephone number of the nearest distributor for each piece of equipment. E. Torsional Analysis: The CONTRACTOR shall furnish to the ENGINEER a torsional analysis of the following, which shall be submitted in accordance with Section 01300 entitled "Submittals". 1. All engine drives. 2. All blowers and compressors with drives of 100 horsepower and over. 3. All other equipment where specified. 1.5 QUALITY ASSURANCE A. Inspection, Start-up, and Field Adjustment: The CONTRACTOR shall demonstrate that all equipment meets the specified performance requirements. Upon completion of installation of mechanical equipment controls, the CONTRACTOR shall provide the services of an experienced, competent, and r C C r C L CI f 1, r C T15.21649 -Albertville, MN EQUIPMENT GENERAL PROVISIONS ' Hunter's Pass Lift Station PAGE 11000-2 f authorized service representative of the manufacturer or supplies of each item of major equipment who shall visit the site of work to perform the following tasks: 1. Assist the CONTRACTOR in the installation of the equipment. C u L n r C ~~ 2. To inspect, check, adjust if necessary and approve the equipment installation. 3. To start-up and field-test the equipment for proper operation, efficiency, and capacity. 4. To perform necessary field adjustments during the test period until the equipment installation and operation are satisfactory to the ENGINEER. 5. To instruct the OWNER's personnel in the operation and maintenance of the equipment. Instruction shall include step-by-step trouble shooting procedures with all necessary test equipment. B. The costs of all inspection, start-up, testing, adjustment, and instruction work performed by said factory-trained representatives shall be borne by the CONTRACTOR. C. Public Inspection: It shall be the responsibility of the CONTRACTOR to inform the local authorities, such as building and plumbing inspectors, fire marshall, OSHA inspectors, and others, to witness all required tests for piping, plumbing, fire protection systems, pressure vessels, safety systems, etc., to obtain all required permits and certificates, and pay all fees. PART 2 -- PRODUCTS 2.1 GENERAL REQUIREMENTS A. Noise Level: When in operation, no single piece of equipment shall exceed the OSHA noise level requirements for a one hour exposure. B. Service Factors: Service factors shall be applied in the selection or design of mechanical power transmission components. Unless otherwise specified, the following load classifications shall apply in determining service factors: T e of E ui ment Load Classification Blower: Centrifu al or vane Uniform Lobe Uniform Reci rocatin Air Com ressor: Multi-C Linder Moderate Shock Sin le-C Linder Hea Shock Pum Centrifu al or Rota Uniform Reci rocatin Moderate Shock Dia hra Moderate Shock Mixer: Constant Densi Uniform Variable Densi Moderate Shock Crane or Hoist Moderate Shock Fans Uniform C. For service factors of electric motors, see Section 16950 entitled "Electric Motors". Where load classifications are not specified, best modern practice shall be used. T1521649 -Albertville, MN Hunter's Pass Lift Station EQUIPMENT GENERAL PROVISIONS PAGE 11000-3 D. Weldine: Unless otherwise specified or shown, all welding shall conform to the following: 1. Latest revision of ANSI/AWWA D100. 2. Latest revision of AWWA C206. 3. All composite fabricated steel assemblies which are to be erected or installed inside a hydraulic structure, including any fixed or movable structural components of mechanical equipment, shall have continuous seal welds to prevent entrance of air or moisture. 4. All welding shall be by the metal-arc method or gas-shielded arc method as described in the American Welding Society's "Welding Handbook" as supplemented by other pertinent standards of the AWS.Qualification of welders shall be in accordance with the AWS Standards governing same. 5. In assembly and during welding, the component parts shall be adequately clamped, supported, and restrained to minimize distortion and for control of dimensions. Weld reinforcement shall be as specified by the AWS code. Upon completion of welding, all weld splatter, flux, slag, and burrs left by attachments shall be removed. Welds shall be repaired to produce a workmanlike appearance, with uniform weld contours and dimensions. All sharp corners of material which is to be painted or coated shall be ground to a minimum of 1/32-inch on the flat. E. Protective Coatinss: All equipment shall be painted or coated in accordance with Section 09900 entitled "Painting", unless otherwise approved by the ENGINEER. Non-ferrous metal and corrosion- resisting steel surfaces shall be coated with grease or lubricating oil. Coated surfaces shall be protected from abrasion or other damage during handling, testing, storing, assembly, and shipping. F. Protection of Equipment: All equipment shall be boxed, crated, or otherwise protected from damage and moisture during shipment, handling, and storage. All equipment shall be protected from exposure to corrosive fumes and shall be kept thoroughly dry at all times. Pumps, motors, drives, electrical equipment, and other equipment having anti-friction or sleeve bearing shall be stored in weather tight storage facilities prior to installation. For extended storage periods, plastic equipment wrappers should be avoided, to prevent accumulation of condensate in gears and bearings. G. Identification of Equipment Items: Each item of equipment shipped shall have a legible identifying mark corresponding to the equipment number shown or specified for the particular item. H. Vibration Level: All equipment subject to vibration shall be provided with restrained spring-type vibration isolators or pads per manufacturer's written recommendations. I. Shop Fabrication: Shop fabrication shall be performed in accordance with the Contract Documents and the approved shop drawings. 2.2 ANCHORING OF MECHANICAL EQUIPMENT A. Equipment that does not vibrate during normal operation shall be rigidly attached to the foundation or other adequate support to prevent lateral and vertical displacement. Equipment that vibrates during normal operation shall be provided with isolators with mechanical stops which are securely anchored to foundation or other adequate support. B. Jacking screws shall be provided in the equipment bases and bedplates to aid in leveling prior to grouting. C. Equipment suppliers shall furnish anchor bolts, nuts, washers, and sleeves of adequate design as required for proper anchorage of the bases and bedplates to the concrete bases. Sleeves shall be a minimum of 1-1/2 times the diameter of the anchor bolts. Unless otherwise shown or specified, anchor bolts for items of equipment mounted on baseplates shall be long enough to permit 1-1/2 inches of grout beneath the baseplate and to provide adequate anchorage into structural concrete. J J ~~ [l 1 n 7 ~~ J J i T15.21649 -Albertville, MN EQUIPMENT GENERAL PROVISIONS ' Hunter's Pass Lift Station PAGE 11000-4 r r ' D. Anchor bolts, together with templates or setting drawings, shall be delivered sufficiently early to permit setting the anchor bolts when the structural concrete is placed. E. All bolts and anchor bolts, buried, submerged, or below the top of the wall of any hydraulic structure shall be of Type 18-8 stainless steel. F. The Contractor shall submit, along with the mechanical equipment shop drawings, complete details showing method of anchoring equipment and/or mechanical stops in full compliance with these ' requirements. All engineering required to comply with these provisions shall be the Contractor's responsibility. Submittals shall state the weight of the equipment involved, the materials of the anchor system, and show all information in sufficient detail to permit an evaluation of its structural adequacy. ' Submittals not meeting these requirements in full will be returned, not approved, with deficiencies noted. The Contractor shall be required to correct all deficiencies and resubmit the proposed system of anchorage for approval. ' 2.3 EQUIPMENT INSTALLATION A. The Contractor shall obtain installation instruction booklets or other recommendations from the equipment manufacturers as to procedures for, sequence of, and tolerances allowed in equipment installation. In particular, the manufacturer's recommendations as to grout spaces required, type of grout to be used, and tolerances for level and alignment, both vertical and horizontal, shall be obtained and followed. Whenever applicable, the Contractor shall obtain the service of a manufacturer's ' representative specifically trained in erection of his equipment to supervise the installation. B. Skilled craftsmen experienced in installation of the equipment or similar equipment shall be used. Applicable specialized tools and equipment, such as precision machinist levels, dial indicators, and gauges, shall be utilized as required in the installations. The work shall be accomplished in a workmanlike manner to produce satisfactory equipment installation free of vibration or other defects. ' C. All equipment shall be installed on 3-inches high concrete housekeeping pad unless noted otherwise. After assembly and installation on the concrete base, each unit shall be leveled and aligned in place but not grouted until after the initial fitting and alignment of connecting piping. Each unit shall then be grouted to the concrete base. Each base and bedplate shall be completely filled with grout. The grout ' shall extend to the edge of each base or bedplate and shall be beveled at 45 degrees all around the unit. Grout which is exposed at horizontal surfaces shall be rounded to provide drainage to appropriate points. After grout has set, jacking screws shall be removed and nuts on anchor bolts shall be ' tightened, followed by an overall check on leveling and alignment. Should equipment not meet tolerances of level and alignment, as recommended by the manufacturer, corrective measures shall be taken to obtain the tolerances required. ' D. Non-shrink grout used in setting machinery and anchor bolts shall be made with ahydraulic-type cement which, when mixed with water according to manufacturer's instructions, will harden rapidly to produce a permanent high-strength material. Non-shrink grout shall be POR-ROK, as manufactured by the Hallemite Manufacturing Company of Cleveland, Ohio; Burke-Stone manufactured by Burke ' Concrete Accessories, Inc., Oakland, California; or equal. 2.4 PROTECTION OF EQUIPMENT ' A. All equipment shall be boxed, crated, or otherwise completely enclosed and protected during shipment, handling, and storage. All equipment shall be protected from exposure to the elements and shall be kept thoroughly dry at all times. Pumps, motors, drives, electrical equipment, and other equipment having anti-friction or sleeve bearings shall be stored in weather-tight storage facilities such as warehouses. B. Painted surfaces shall be protected against impact, abrasion, discoloration, and other damage. All ' painted surfaces which are damaged prior to acceptance of equipment shall be repainted. T15.21649 -Albertville, MN Hunter's Pass Lift Station EQUIPMENT GENERAL PROVISIONS PAGE 11000-5 J 2.5 2.6 C. Electrical equipment, controls, and insulation shall be protected against moisture or water damage. All space heaters provided in the equipment shall be connected and operating at all times from the time of delivery until equipment is placed in operation. SHAFTING A. General: All shafting shall be continuous between bearings and shall be sized to transmit the power required. Keyways shall be accurately cut in line. Shafting shall not be turned down at the ends to accommodate bearings or sprockets whose bore is less than the diameter of the shaft. All shafts shall rotate in the end bearings and shall be turned and polished, straight, and true. B. Materials: Shafting materials shall be appropriate for the type of service and torque transmitted. Environmental elements such as corrosive gases, moisture, and fluids shall be taken into consideration. Materials shall be as shown or specified unless furnished as part of an equipment assembly. 1. Low carbon cold-rolled steel shafting shall conform to ASTM A 108, Grade 1018. 2. Medium carbon cold-rolled shafting shall conform to ASTM A 108, Grade 1045. 3. Corrosion-resistant shafting shall be stainless steel or Monel, whichever is most suitable for the intended service. C. Differential Settlement: Where differential settlement between the driver and the driven equipment maybe expected, a shaft of sufficient length with 2 sets of universal type couplings shall be provided. BEARINGS B. To assure satisfactory bearing application, fitting practice, mounting, lubrication, sealing, static rating, housing strength, and other important factors shall be considered in bearing selection. A. General: Bearings shall conform to the standards of the Anti-Friction Bearings Manufacturing Association (AFBMA). C. All re-lubricatable type bearings shall be equipped with a hydraulic grease fitting in an accessible location and shall have sufficient grease capacity in the bearing chamber. D. All lubricated-for-life bearings shall be factory-lubricated with manufacturer's recommended grease to insure maximum bearing life and best performance. E. Bearing Life: Except where otherwise specified or shown, all bearings shall have a minimum B-101ife expectancy of 5 years or 20,000 hours, whichever occurs first. Where so specified, bearings shall have a minimum rated B-1 O life expectancy corresponding to the type of service, as follows: T e of Service Desi n Life Years B-10 Desi n Life Hours (whichever comes first 8-hour shift 10 20,000 16-hour shift 10 40,000 Continuous 10 60,000 F. Bearing housings shall be of cast iron or steel and bearing mounting arrangement shall be as specified or shown, or as recommended in the published standards of the manufacturer. Split-type housings may be used to facilitate installation, inspection, and disassembly. G. Sleeve-type bearings shall have a Babbitt or bronze liner, unless otherwise shown. n I~ ~J 0 ~I~ r T15.21649 -Albertville, MN Hunter's Pass Lift Station EQUIPMENT GENERAL PROVISIONS ' PAGE 11000-6 n ~J ' 2.7 GEARS AND GEAR DRIVES A. Unless otherwise specified, gears shall be of the helical or spiral-bevel type, designed and manufactured in accordance with AGMA Standards, with a minimum service factor of 1.7, a minimum ' B-10 bearing life of 60,000 hours and a minimum efficiency of 94 percent. Worm gears shall not be used. B. All gear speed reducers or increasers shall be of the enclosed type, oil or grease-lubricated and fully ' sealed, with a breather to allow air to escape but keep dust and dirt out. The casing shall be of cast iron with lifting lugs and an inspection cover for each gear train. An oil level sight glass and an oil flow indicator shall be provided. C. Gears and gear drives as part of an equipment assembly shall be shipped fully assembled for field installation. ' D. Material selections shall be left to the discretion of the manufacturer, provided the above AGMA values are met. Input and output shafts shall be adequately designed for the service and load requirements. Gears shall be computer-matched for minimum tolerance variation. The output shaft shall have 2 positive seals to prevent oil leakage. ' E. Oil level and drain location relative to the mounting arrangement shall be considered in selection of gear drives. Oil drains shall be provided with adequate clearance to allow for a container of sufficient ' size to be placed to collect the full amount of oil to be drained. Oil coolers or heat exchangers with all required appurtenances shall be furnished when necessary. F. Where gear drive input or output shafts have to connect to couplings or sprockets supplied by others, the CONTRACTOR shall have the gear drive manufacturer supply matching key taped to the shaft for shipment. 2.8 NAMEPLATES ' A. Equipment nameplates of stainless steel shall be engraved or stamped and fastened to the equipment in an accessible location with No. 4 or larger oval head stainless steel screws or drive pins. Nameplates shall contain manufacturer's name, model, serial number, size, characteristics, and appropriate data describing the machine performance ratings. 2.9 SAFETY REQUIREMENTS A. Where work areas are located within a flammable or toxic gas environment, suitable gas detection, ventilating, and oxygen deficiency equipment shall be provided. Workers shall be equipped with approved breathing apparatus. ' PART 3 -- EXECUTION 3.1 COUPLINGS ' A. The CONTRACTOR shall have the equipment manufacturer select or recommend the size and type of coupling required to suit each specific application; installation shall be per equipment manufacturer's printed recommendations. ' 3.2 INSULATING CONNECTIONS A. All insulating connections shall be installed in accordance with manufacturer's printed instructions. ' **** END OF SECTION **** T15.21649 -Albertville, MN Hunter's Pass Lift Station EQUIPMENT GENERAL PROVISIONS PAGE 11000-7 J i ~~J SECTION 11309 -LIFT STATION STRUCTURE PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work ' and services necessary or incidental to lift station construction as indicated on the drawings or as specified herein. B. The minimum lift station structure has been sized to accommodate the volume of storage required and the space required for the particular make and model pump specified, including all appurtenances necessary for a complete operational system. Should a Bidder wish to substitute another make and ' model pump as an equal, any change necessary in the design of the pump station to accommodate the substitution must be included in the original bid price for lift station and no additional compensation shall be granted. ' 1.2 METHOD OF MEASUREMENT AND PAYMENT 0 [~ C C CI~I A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Wet Well /Valve Vault (a) Measurement and payment for all materials, equipment, supplies and labor required to construct a fully operational lift station, complete, shall be at the lump sum bid price of lift station. The amount bid includes all labor and material required to complete the structure and operating equipment, as specified including all pumps, piping, and electrical equipment and wiring to the utility power source complete in place. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the price bid for the lift station, as indicated. Such items of work include but are not limited to: 1. Interference of other underground structures and utilities, include in the price bid for lift station. (a) The removal and restoration, or protection of existing utilities which are shown on the plans and for which there is no bid item for removing and restoring, or working around the utility. 2. Lift Station Site Preparation (a) The unit price bid shall include all labor and materials to prepare the lift station site, including but limited to topsoil stripping, driveway and embankment construction, grading and compaction. 3. Unless separately itemized in the Schedule of Unit Prices, any dewatering necessary for lift station construction, include in the price bid for lift station. 4. Foundation materials placed in lieu of performing necessary dewatering, include in the price bid for lift station. 5. Locating and connecting to an existing sanitary sewer, include in the price bid for lift station. 6. Maintenance of service, include in the price bid for lift station. 7. Establishing the foundation for the structure or placing rock to stabilize the subgrade, include in the price bid for lift station. T15.21649 -Albertville, MN ' Hunter's Pass Lift Station LIFT STATION STRUCTURE PAGE 11309-1 '~ 8. The replacement of all material displaced due to shrinkage or loss during the excavation and backfilling operations, include in the price bid for lift station. 9. Delays due to other utility conflicts which result during the course of construction, include in the price bid for lift station. 10. Protecting existing improvements from damage, include in the price bid for lift station. 11. Protecting the inverts of other utility pipes from the accumulation of debris and soil, the removal of blockages which threatens to damage property, and/or the cleaning of both the newly constructed lines and the existing lines of all debris and soil which accumulated during the construction, include in the price bid for lift station. 12. As specified elsewhere in these Specifications, all equipment, labor, materials, supplies, fees and permits to construct a full and operable system, include in the price bid for lift station. 1.3 SPECIFICATION REFERENCES A. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. 1.4 SUBMITTALS A. Shop drawings of the wet well and valve vault construction shall be submitted prior to their fabrication. The submittal shall indicate the pipe penetration locations in the wet well and the valve vault and the access hatch location on the top slab. PART 2 -PRODUCTS 2.1 PIPE AND FITTINGS A. Ductile Iron Pipe (DIP) 1. Ductile iron pipe shall conform to the requirements of ANSI A221.51 (AWWA C151}standard specification for centrifugally cast ductile iron pipe for water or other liquids. 2. Ductile iron pipe in exterior locations shall be provided with flanged, or mechanical joint type ends as shown on the plans and all interior ductile iron piping shall be ANSUAWWA thickness Class 53 (minimum). 3. Ductile iron flanges shall conform to ANSUAWWA C115 standard 125# template and shall be rated for 250 psi. Mechanical joints and push-on joints shall conform to ANSUAWWA C111 standard for rubber gasket joints for ductile iron and gray iron pressure pipe and fittings. 4. Unless otherwise shown on the plans, ANSUAWWA short-body ductile iron fittings shall be furnished. Short body fittings shall conform to ANSUAWWA C110. Flanged long radius elbows, reducing on-the-run tees, side outlet fittings eccentric reducers and laterals shall conform to ANSI B 16.1 standard specification for flanged fittings and flanges. All fittings shall be ductile iron. Compact fittings conforming to ANSUAWWA C15./A21-53 may be supplied for mechanical and push-on joints. 5. Ductile iron pipe and fittings shall be furnished with standard bituminous interior coating. Pipe used for interior and exposed location shall not have a bituminous exterior coating but shall be furnished with a shop primed coating of Tnemec Primer, or equal, to facilitate painting as specified. il~ I~ l i~ u n 0 II I~ T15.21649 -Albertville, MN LIFT STATION STRUCTURE Hunter's Pass Lift Station PAGE 11309-2 ' ~l 7 n r. 2.2 BOLTS AND ANCHOR BOLTS 1. Pump anchor bolts shall 18-8 stainless steel. All nuts and bolts on the piping inside the wet well shall be 304 stainless steel. All bolts and nuts in the valve vault shall be ASTM 307 Zinc plated hex bolts. All below grade fittings, and valves shall be secured with Cor-Blue T-Bolts as manufactured by NSS Industries or equal. 2.3 GATE VALVES A. All valves furnished and installed on the force main shall be AWWA C-509-80, non-rising stem, iron body, resilient-sealed gate valves, with two-inch square opening nut rated fora 200 psi working pressure. These valves shall be Kennedy Ken-Seal or approved equal. All valves shall open "left" unless noted otherwise. 2.4 PLUG VALVES A. Plug valves shall be of the non-lubricated, eccentric type with resilient faced plugs, and flanged joint ends as shown on the plans. Port areas shall be at least 80% of full pipe area. Valve bodies shall be pressure rated not less than 125 psi. Bodies shall be semi-steel with raised seats. Seats shall have a welded in overly of not less than 90% pure nickel on all surfaces contacting the plug face. Valves shall have stainless steel permanently lubricated upper and lower plug stem sleeves and bronze bushings. All valves shall be of the bolted bonnet design. Operating shaft seal on all valves shall be multiple ring "U" cup type or adjustable packing type. Shaft seals on valves shall be repairable without removing valve bonnet. All exposed nuts, bolts, springs and washers on all valves shall be zinc plated. Flanged valves shall be furnished with ANSUAWWA standard 125# flanges. B. Plug valves shall be equipped with a heavy 2" square operating nut for wrench operation, unless indicated otherwise on the plans or specifications. A total of 2 wrenches shall be provided for operating the operating unit. C. Manufacturers or Equal: 1. Dezurik Corporation 2. Clow 2.5 CHECK VALVES A. Swing Check Type 1. Check valves shall be of either the standard or increasing swing check type as noted on the plans. Check valves shall be provided with an extended hinge pin and outside weight and lever allowing field adjustment. 2. Valve bodies shall be cast iron of minimum 175 psi pressure rating and shall be provided with ANSI standard 125# flanges. Valve gates shall be ductile or cast iron. Renewable gate ring shall be Buna-N Rubber. Body seat shall be 304 stainless steel. 3. Each check valve shall be provided with a stainless steel hinge pin extending through bronze bushings. Valves shall have outside packed glands made of graphite and Kevlar. 4. Each valve shall be provided with a cushion chamber. The cushion chamber shall be of bronze construction and the shock absorption shall be by air. The cushion chamber shall be so arranged that the closing speed is adjustable to meet the service requirements. T15.21649 -Albertville, MN ' Hunter's Pass Lift Station LIFT STATION STRUCTURE PAGE 11309-3 5. Manufacturers or Equal: (a) Golden Anderson Fig. No. 250-D (b) APCO (Valve and Primer Corp.) 2.6 AIR AND VACUUM RELEASE VALVES A. Air and Vacuum Release valves shall be of the size shown on the plans and shall have flanged or screwed ends to match piping and shall be for wastewater applications. B. The Valves shall have cast iron bodies, stainless steel floats and Buna-N seats. C. The valves shall be installed with gate valves of size shown for positive shut off. D. The discharge piping shall be properly screened with 24 mesh corrosion resistant screen and shall be mounted not less than 24-inches above the floor. E. Manufacturers or Equal: 1. APCO 2. Golden Anderson 2.7 WET WELL /VALVE VAULT A. Precast Concrete Structure 1. The pump station structure shall be constructed of Class I precast reinforced concrete with R4 joints and having an inside diameter as shown on the plans. The structure base shall be integrally cast with the bottom barrel section. The base, as shown on the plans, shall be fabricated to accommodate the loading condition. The pump station structure shall be constructed as shown on the detail drawings and in accordance with the approved shop drawings. The concrete mix shall be Type II cement (Sulfate resistant) with entrained air content of not less than 4 percent and not more than 7 percent, Grade A concrete with acement-water ratio of 0.50 and a minimum compressive strength of 4,000 psi at 28 days. Precast structure shall have attained the specified design strength when delivered to the project site. 2. The top slab of the structures shall be Type II precast reinforced concrete having the dimensions shown on the detail drawings. Frames for access hatches and vent pipe shall be cast in the slab when fabricated. Cut-outs to accommodate all piping entering the wetwell shall be preformed or pre-cut and provided with a seal or water stop to ensure a watertight connection between pipe and wetwell. The type of seal proposed shall be submitted to the Project Engineer for approval before installation of the wetwell is undertaken. 3. Joints between barrel riser sections and top slab shall be sealed with two strips of flexible bitumastic preformed joint compound. 4. The interior of the wetwell shall be painted as specified below. 5. Aluminum or steel reinforced plastic manhole steps similar to Neenah R-1981-J shall be provided in the lift station. r ~II C! fl fl T15.21649 -Albertville, MN LIFT STATION STRUCTURE Hunter's Pass Lift Station PAGE 11309-4 ' C i,l ~~ 2.8 ACCESS HATCHES ' A. Pump manufacturer shall verify hatch size and location in top slab for clearance of pumps positioned as shown on Drawings. Minimum clearance of 3-inches required. Size shown on the Drawings is the minimum acceptable size. i B. Door leaves of minimum '/<-inch aluminum, diamond pattern, to withstand live load of 300 pounds per square foot. C. Channel frame of minimum 3-inch welded aluminum with anchor flange around the perimeter. D. Each door leaf equipped with heavy duty recessed hinges, totally enclosed spring or torsion bar ' operators as necessary for easy operation, drop handle, and automatic hold open arm with release handle. Locate hold open arm release such that it can be easily operated without endangering personnel. u i 7 0 0 L E. Maximum hatch opening force is not to exceed 15 pounds when applied perpendicularly to the hatch edge through any part of the hatch-operating arc. F. Each door leaf secured with snap lock with removable handle and padlock hasp welded to each leaf and frame. G. Aluminum surfaces mill fmished. Apply bituminous paint to the exterior of the frame in contact with concrete. H. Mechanical fasteners and hardware: Series 300 stainless steel. I. Approved Manufacturers 1. Halliday 2. Bilco 3. Nystrom 4. Or equal. 2.9 SAFETY GRATING A. The protective grating panel as manufactured by Halliday Products, of Orlando, Florida or equal shall be I-1/2 in. "I" bar aluminum grating with Safety Orange powder-coated fmish. Grating shall be hinged, and shall be supplied with a positive latch to maintain unit in an upright position. Grating shall have a 6-in. viewing area on each lateral unhinged side for visual observation and limited maintenance. Grating support ledges on 3001bs. psf loaded access covers only shall incorporate nut rail with a minimum of four (4) stainless steel spring nuts. A padlock hasp for owner-supplied padlock shall be provided. 2.10 CASTINGS A. The type of casting assembly to be used shall be Neenah R-1642 with Type C Lid with gasketed cover, concealed pick hole and no lug, unless otherwise specified on the plan. T15.21649 -Albertville, MN ' Hunter's Pass Lift Station LIFT STATION STRUCTURE PAGE 11309-5 0 2.11 CHIMNEY SEAL A. Chimney seals accepted for use, when specified as shown in the plans, shall be one of the following listed as standard of quality: 1. Infra-shield (exterior only) 2. Cretex (exterior or interior) 2.12 SAND BACKFILL AND ENGINEERED FILL A. Water from areas to receive sand backfill shall be removed before commencing work, and areas shall be kept free of water during filling and compaction. All topsoil and organic materials in any area to receive Engineered Fill shall be removed to a minimum depth of 12 inches. B. Where concrete floor slabs are to be supported on Engineered Fill, the entire surface of the fill area shall be smoothed, leveled, and compacted using heavy vibratory equipment until there is no loss of elevation. The sand fill material shall be placed in 6" deep lifts and compacted to at least 100% of the maximum density given by ASTM D698 (Standard Proctor Density). The fill shall extend beyond the edges of the footings one foot for each one foot of fill placed below the footings. The compacted lift shall be relatively smooth and level. C. Frozen material or material containing ice or snow shall not be used for fill. Sand fill shall not be placed on soil that is frozen or covered with ice or snow. Necessary precautions shall be taken during freezing weather to prevent freezing of the sand fill during placing and compaction D. All debris shall be removed from the excavated areas before backfilling. E. Excavations shall be promptly backfilled as work permits. F. The excavated area outside of the lift station structure and valve manhole shall be filled with sand fill. Unless otherwise noted, the fill area shall be defined by a line 30Evertical plane, starting at a point at the base of the foundation. Sand fill shall be placed in 6 inch deep lifts, and each lift shall be compacted by approved methods to not less than 95% of the maximum density given by ASTM D698 (Standard Proctor Density). Compacted lifts shall be relatively smooth and level. G. The sand fill to be used for backfill shall be a SW clean well graded sand (Unified Soil Classification System), free of organic impurities. The well graded sand shall have less than 40% passing the No. 40 sieve and less than 10% passing the #200 sieve with the maximum aggregate size of 1 1/2". H. The Contractor shall furnish tests for all fill material prior to use from an independent testing laboratory. The testing laboratory reports shall be reviewed and approved before the material is placed. The tests are to include optimum density ASTM D698-70 and gradation. 2.13 PAINTING A. This section shall include the furnishing of all labor and materials for the painting and finishing of pumping station as well as described hereinafter. B. All paints and materials furnished shall be the standard product of a reputable manufacturer. The standard products of manufacturers other than that specified hereinafter as a descriptive standard will be accepted if they are equal in composition, durability, utility and in all other respects are equal for the purpose intended to those specified. 0 i ~II C 0 0 T15.21649 -Albertville, MN LIFT STATION STRUCTURE Hunter's Pass Lift Station PAGE 11309-6 ' f !~~ C. All paint shall be delivered to the site of the work in unbroken containers. Each container shall show the name of the manufacturer, date of manufacture, the designated name of the paint or formula, the color, and any special instructions for mixing or application. All mixing and tinting will be done on the premises, and no material shall be reduced or changed, except as specified by the manufacturer. All paints shall be stored in a manner to prevent contamination of painting materials after containers are ' opened. D. Lift Station Structure. A coal-tar epoxy shall be applied to all internal surfaces, concrete or metallic, including all piping and valves. Using a protective coating system of Carboline Bitumastic No. 300-M, Tnemec=s 46H-413 Tneme-Tar or equal. The total coating thickness shall be not less than 16 mils DFT. ' 2.14 SIGNAGE A. Provide a caution sign at the top of the entrance to wetwell. B. Sign shall be yellow and black and shall have a minimum size of 10" x 14" and shall read: 1. "Dangerous/hazardous gases ' 2. Level 2 Confined Space 3. Do Not Enter Without Proper Equipment" ' C. Letter shall be a minimum one inch. D. Caution sign shall be Lab Safety reference #6113761, or equal. 2.15 ACCESS DRIVE ' A. Provide 4,000 psi concrete access drive as shown on the plans. PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS ' A. Temporary Service 1. If needed, the Contractor shall furnish, install and maintain equipment to bypass and control the storm and/or sanitary sewer flow around the construction zone. Failure to operate and maintain the bypass equipment could result in direct damage claims as well as consequential damage claims to the Contractor. ' B. Internal and External Pipe Restraint 1. Piping shall be secured against movement with fixed supports or approved joint restraints. 2. If the structures are located on disturbed soils or where differential subsidence is a potential, ' provision to allow for differential settlement shall be made at the time of construction. The Contractor shall notify the Engineer of the methods to be employed before construction. C. Connection to Sanitary Sewer 1. When connection to a sanitary sewer is made at the lift station, the Contractor shall expose and verify the elevation of any existing sewers prior to laying any sanitary sewer to, or from, the connection point. If the elevation of the existing sewer does not match the elevation shown on the T 15.21649 -Albertville, MN LIFT STATION STRUCTURE ' Hunter's Pass Lift Station PAGE 11309-7 plans, the Contractor shall notify the Engineer, at which time the Engineer may adjust the proposed grades. 3.2 EXCAVATION A. Interference of Underground Structures I . If an existing utility is shown on the plans and there is no bid item for removing and restoring, or working around the utility, the Contractor is required to remove and restore, or protect the utility. B. Excavation Limits and Requirements 1. The Contractor shall dewater the excavations as necessary to construct the station. Excavation may require shoring and sheeting to maintain stable slopes or facilitate dewatering. 2. The Contractor shall excavate to the limits required by safety and to adequately install the lift station structures. Oversize excavation one foot horizontally beyond the footing slab for each foot vertically that the excavation is below the footing. The azea shall be protected from surface runoff. Pumps and related appurtenances shall be readily available to remove excess water. 3. Existing inverts shall be protected during construction. If debris enters the sewer, it shall be the responsibility of the Contractor to clean the sewer. C. Preparation and Maintenance of Foundation. 1. The Contractor shall undercut the foundation one foot, smooth and compact the existing subgrade. Any areas below the base of the structure shall be backfilled with :inch crushed rock. 2. If the subgrade material becomes soft or unstable during the Contractor's operations, undesirable material shall be excavated, refilled with :inch crushed rock. 3.3 BACKFILL A. Placement of backfili adjacent to the structure shall be delayed until any field constructed concrete has attained its design compressive strength. Any backfill placement prior to attaining this strength shall be considered the responsibility of the Contractor, who shall be liable for any resultant damage to the structure. **** END OF SECTION **** C'~ ~I~ i fl T15.21649 -Albertville, MN LIFT STATION STRUCTURE Hunter's Pass Lift Station PAGE 11309-8 , fl 0 7 J ii i 7 0 0 r SECTION 11311 -SUBMERSIBLE WASTEWATER LIFT STATION PART 1 -- GENERAL 1.1 SUMMARY A. This section of the specification shall include the complete construction and placing into operation of a submersible wastewater lift station and appurtenant equipment and material as shown on the plans and as specified. B. The CONTRACTOR shall provide all materials, labor, tools and equipment for the complete construction of the submersible wastewater lift station; including duplex non-clog submersible centrifugaUpump system, wet-well, cover, valves, piping, automatic controls, control panel with circuit breakers and motor starters, wiring, ventilation, valves manhole structure, site work and all exterior sewer and forcemain construction on the pumping station site, as shown on the site plan. C. The submersible sewage lift station is to be constructed at the location shown on the plans. D. The submersible station shown is designed to be constructed in a dry excavation. The CONTRACTOR may propose alternate methods of construction; however, any such alternative method must be approved by the Project Engineer and is subject to the limitations of the site acquired by the City. 1.2 SUBMITTALS A. Shop drawings of all pumps shall be submitted for review by the ENGINEER. Shop drawings shall contain the following information: 1. Pump name, identification number and specification number. 2. Performance curve and pump data. The name plate motor horsepower of the pump shall not be exceeded at any point on the performance curve. 3. The manufacturer shall indicate points on the H/Q curves, and the limits recommended for stable operation between which the pumps may be operated without surge, cavitation and vibration. The stable operating range shall be as wide as possible based on actual hydraulic and mechanical tests. 4. Pump detailed description and specification. 5. Electrical data including control and wiring diagrams. 6. Assembly and installation drawings including shaft size, coupling, anchor bolt plan, part nomenclature, material list, outline dimensions and shipping weights. 7. Where pumps are installed in precast manholes, the pump supplier shall submit lift station layout drawings showing the spacing of the pumps relative the centerline of the manhole structure and the location of the access hatch on the top slab. B. O & M Instructions: The CONTRACTOR shall provide four (4) copies of operation and maintenance manuals for each size pump. The manuals shall be prepared specifically for the equipment furnished and shall include all required catalog cut sheets, drawings, instructions and other materials required to instruct operating and maintenance personnel in the proper use, adjustment, operation and repair of equipment furnished. C. Field Procedures: Instructions for field procedures for installation, adjustments, inspection and testing shall be provided prior to installation of the pumps. T15.21649 -Albertville, MN Hunter's Pass Lift Station SUBMERSIBLE WASTEWATER LIFT STATION PAGE 11311-1 1.3 QUALITY ASSURANCE A. Equipment: Tests shall be performed in accordance with the Test Code for Centrifugal Pumps of the Standards of the Hydraulic Institute, Inc. Tests shall be performed on the actual assembled unit from shut-off head condition to 25 percent above the required design capacity. Prototype model tests will not be acceptable. B. All pumps shall be factory-tested in accordance with the above specifications. Test data in triplicate shall be submitted to the ENGINEER. Equipment shall not be shipped until the test data have been approved by the ENGINEER. C. All pumps shall be field-tested after installation to demonstrate satisfactory operation without causing excessive noise, cavitation, vibration and overheating of the bearings. D. In the event of failure of any pump to meet any of the above requirements or efficiencies, the CONTRACTOR shall make all necessary modifications, repairs, or replacements to conform with these specifications at no additional compensation. E. The services of a factory representative to check the pump during and after installation, shall be furnished for the pump, at no additional cost to the OWNER. 1.4 WARRANTY A. The pump manufacturer shall warrant the pump being supplied to the OWNER against defects in workmanship and materials for a period of five (5) years under normal use, operation and service. The warranty shall be in published form and apply to all similar units. A copy of this warranty shall be placed on file with the OWNER and ENGINEER prior to installation of this equipment. PART 2 -- PRODUCTS 2.1 PUMPING UNITS A. The CONTRACTOR shall furnish and install two (2} identical submersible centrifugal wastewater pumps with enclosed electric motors, and all appurtenant work, complete and operable, in accordance with the requirements of the Contract Documents. The pumps shall be manufactured by Flygt Corporation. B. Pump manufacturers shall provide one (1) day service by a qualified service engineer to inspect the completed installation for lubrication, alignment, full operations, etc., and to instruct the appropriate personnel in the proper operation and maintenance of the equipment. n n n 0 lJ~ C C C J ~~ T15.21649 -Albertville, MN SUBMERSIBLE WASTEWATER LIFT STATION Hunter's Pass Lift Station PAGE 11311-2 ~ ,~ PUMP OPERATION AND PERFORMANCE REQUIREMENTS Pump Locati ~ Lift 5tatioii No. of Pumps 2 Rated Pump Speed 1750 Capacity at Rated Speed 130 gpm @ 31' TDH Minimum Sphere Diameter 3 in. Minimum Efficiency at Maximum Rated Flow 48% Discharge Outlet Diameter 3 in Motor H.P. 3.0 Explosion Proof Motor (yes/no) Yes Voltage 460 Liquid Pumped Raw Sewage Max. Solids Conc. 1% Type of Impeller Non-clog PUMP CONSTRUCTION A. General: Pumping units shall be of the centrifugal, non-clog submersible type. The design shall be such that pumping units will be automatically connected to the discharge piping when lowered into place on the discharge connection. The pumps shall be easily removable for inspection or service, requiring no bolts, nuts or other fastenings to be removed for this purpose, and no need for personnel to enter basin. Each pump shall be fitted with stainless steel chain of adequate strength and length to permit raising the pump for inspection and removal. B. Pump casting, pump discharge elbow, and impeller shall be Class 30 or 40B cast iron. Pump volute shall be non-concentric design. All exposed nuts and bolts shall be of stainless stee1304. All mating surfaces where watertight sealing is required shall be machined and fitted with nitrile rubber o-rings. No secondary sealing compounds, rectangular gaskets, elliptical o-rings, grease or other devices shall be used. All exposed nuts and bolts shall be 316 Ti stainless steel. C. All surfaces coming into contact with sewage, other than stainless steel, shall be protected by an approved sewage-resistant coating. Impeller shall be sprayed with PVC epoxy primer. Pump exterior shall be sprayed with PVC epoxy primer with chloric rubber paint finish. D. The pump shaft shall be ASTM A276, Type 420 stainless steel or ASTM A576, Grade 1045 carbon steel. The carbon steel pump shaft shall not be exposed to the pumped liquid and shall be protected and completely isolated by an ASTM A276, Type 420 stainless steel. E. Each p,mp shall be provided with a tandem mechanical rotating shaft seal system. Seals shall run in an oil reservoir. Lapped seal faces must be hydrodynamically lubricated at a constant rate. The lower seal unit, between the pump and oil chamber, shall contain one stationary and one positively driven rotation tungsten carbide or silicon carbide ring. The upper seal unit, between the soil sump and motor housing, shall contain one positively driven rotating carbon ring. Each interface shall be held in contact by its own spring system. The seals shall require neither maintenance nor adjustment, but shall be easily inspected or replaceable. No seal damage shall result from operating the pumping unit out of its liquid environment. The followin sg eal types shall not be considered acceptable nor equal to the dual independent seal specified: (1) rotating shaft seals that are not clipped or set screwed to the shaft; (2) conventional double mechanical seals containing either a common single or double spring acting T15.21649 -Albertville, MN Hunter's Pass Lift Station SUBMERSIBLE WASTEWATER LIFT STATION PAGE 11311-3 n 1 between the upper and lower units; (3) seal that requires a pressure differential to offset external pressure and to effect sealing. F. Each pump shall be provided with an oil chamber for the shaft sealing system. The soil chamber shall be designed to assure that air is left in the oil chamber to absorb the expansion of the oil due to temperature variations. The drain and inspection plug, with positive anti-leak seal, shall be easily accessible from the outside. G. The pump shaft shall rotate on two (2) permanently lubricated bearings. The upper bearing shall be a single row deep groove ball bearing and the lower bearing a two row angular contact ball bearing. On units of 12 HP or more, the manufacturer shall use one upper bearing and two lower bearings consisting of one single row angular contact ball bearing and a single row roller bearing. The bearings shall have a minimum B-10 life of 40,000 hours. H. The impeller shall be of gray cast iron, Class 30 or class 40B, double shrouded clog-inhibiting type characterized by a constant area throughlet. The throughlet of these single vane impellers must eliminate areas of turbulence and flow reversal which lead to clogging of trash pumping-type impellers. The impellers must be hydraulically and dynamically balanced to run "vibration free" both in air and water. The impeller design shall be as indicated in the pump schedule above. The pump manufacturer shall, upon request, furnish mass moment of inertia data for the proposed impeller. The impeller shall be capable of passing a minimum 3-inch solid sphere. The fit between the impeller to the shaft shall be made by a locking assembly which is perfectly sealed from the liquid by a protective rubber cap and a bolt threaded to the shaft terminal. I. A wear ring system shall be installed to provide sealing between the volute and impeller. The stationary volute and rotating impeller wear ring shall have a minimum Brinell hardness of 200. 2.4 PUMP MOTOR A. The pump motor cable shall be S.P.C. suitable for submersible pump applications. The power cable shall be sized according to NEC and ICDA standards and have P-MSHA approval. The pump cable end will be sealed with a protective covering prior to electrical installation. B. Design cable entry with a machined precision fit. It shall preclude specific torque requirements to ensure watertight and submersible seal. Do not use epoxies, silicones or other secondary sealing systems. C. The junction chamber containing the terminal board shall be sealed from the motor by o-ring seal. Connection between the cable conductors and stator leads shall be made with threaded compressed type binding post permanently affixed to a terminal board and thus perfectly leak proof. D. The pump motor shall be squirrel-cage, induction, shell type design, in an air filled watertight chamber, NEMA Design B and shall be explosion proof, designed for a Class 1, Group C and D, Division I hazardous location. The stator winding and stator leads shall be insulated with moisture-resistant Class F insulation which will resist a temperature of 311 °F. The stator shall be dipped and baked three times in Class F varnish. The motor shall be designed for continuous operation in a totally, partially or non-submerged condition. The pump shall be capable of sustaining a minimum of ten (10) starts per hour. The rotor bars and short circuit rings shall be made of aluminum. All three-phase motors shall be dual voltage. Thermal sensors shall be used to monitor stator temperatures. The stator shall be equipped with three (3) thermal switches embedded in the end coils of the stator windings (one switch in each stator phase). These shall be used in conjunction with a supplemental to external motor, over protection, and wired to control panel. i u C ~II T15.21649 -Albertville, MN SUBMERSIBLE WASTEWATER LIFT STATION Hunter's Pass Lift Station PAGE 11311-4 n LI i r n 0 0 u L n C CII 7 2.5 ACCESSORIES A. Pump Guide Rails/Cable and Discharge Connections The CONTRACTOR shall furnish and install, a complete set of guide bars or cables as required in each pump station, designed to permit raising and lowering of pumps. Guide bars shall be 316 stainless steel pipes, and cables shall be 316 stainless steel. The guide bars or cables shall be of adequate length to extend from the lower guide holders on the pump discharge connection to the upper holders. Intermediate stainless steel supports shall be installed at intervals not be exceed ten (10) feet. 2. The CONTRACTOR shall furnish and install the required discharge connections in each lift station, each consisting of a discharge elbow connected to a mounting base, which will be permanently installed in the lift station. Sealing of the pumping unit to the discharge connection elbow shall be accomplished by a simple linear downward motion of the pump unit. The entire weight of the pump unit shall be guided by no less than two guide bars or cables and pressed tightly against discharge connection elbow with cast-iron-to-cast-iron contact. The guide bars or cables shall not support any portion of the weight of the pump. Sealing of a discharge interface by means of a diaphragm, o-ring or other device will not be acceptable. No portion of the pump shall bear directly on the floor of the sump. The pump, with its appurtenances and cable, shall be capable of continuous submergence under water without loss of watertight integrity to a depth of 65 feet. 3. Locations for guide rails or cables and discharge connections shall be as shown on the plans. PART 3 -- EXECUTION 3.1 INSTALLATION A. Pumping equipment shall be installed in accordance with approved procedures submitted with the shop drawings and as shown, unless otherwise approved by the ENGINEER. 3.2 ALIGNMENT A. Equipment shall be field tested to verify proper alignment, operation as specified, and freedom from binding, scraping, vibration, shaft runout, or other defects. Pump drive shafts shall be measured just prior to assembly to ensure correct alignment without forcing. Equipment shall be secure in position and neat in appearance. 3.3 LUBRICANTS A. The installation work shall include furnishing the necessary oil and grease for initial operation. 3.4 BASIS OF PAYMENT A. Payment for the Lift Station shall be at the total lump sum bid price listed on the Proposal Form. All work to be included shall be as listed in Section 11311 of these Specifications and shall also include incidental items required for a complete and operable pumping system to the satisfaction of the ENGINEER. ' T15.21649 -Albertville, MN Hunter's Pass Lift Station **** END OF SECTION **** SUBMERSIBLE WASTEWATER LIFT STATION PAGE 11311-5 u J I~ I IIL_ J SECTION 16010 -ELECTRICAL GENERATION PROVISIONS PART 1 -GENERAL 1.1 DESCRIPTION A. Related Documents Bidding Requirements, Conditions of the Contract and pertinent portions of Sections in Division One of these Specifications apply to the Work of this Section as fully as though repeated herein. B. THE CONTRACTOR SHALL ALSO REFER TO THE OTHER DIVISIONS OF THE PLANS AND SPECIFICATIONS FOR INFORMATION WHICH PERTAINS TO THE ELECTRICAL SECTION. C. The work included in the project shall include the furnishing of all required labor and materials for a complete and operable electrical system as indicated on the accompanying drawings and as required by the project manual inclusive of all appurtenances not specifically shown or covered by the specifications but required for complete operation of the electrical system as defined in the documents. The work shall also include the testing, adjustment, start-up and troubleshooting of the electrical equipment and the training of the Owner's operating personnel in its operation and maintenance. D. It shall be the responsibility of the Contractor to furnish a complete and fully operating system. The Contractor shall be responsible for all details which may be necessary to properly install, adjust and place in operation the complete installation. The Contractor shall assume full responsibility for additional costs which may result from unauthorized deviations from the contract documents. 1.2 VERIFICATION OF DRAWINGS A. The contract drawings indicate the required size of conduit and cable for wiring. The locations of ' equipment shall be verified in the field by the Contractor. In the event it should become necessary to change the location of any work due to interference with other work, consult with the Engineer before making any changes. The Contractor shall determine and be responsible for the proper location and ' character of all anchor bolts, inserts, hangers, sleeves, etc. for the electrical equipment, unless specifically detailed otherwise. 1.3 SUBMITTALS A. The Contractor shall submit for approval complete shop details for all equipment including but not limited to: ' 1. Cable 2. Conduit ' 3. Control panels B. Operating and maintenance manuals shall be provided as defined in the prof ect manual. The manual shall ' include a complete parts list. The manuals shall be submitted with the shop drawings. C. Submittals shall include complete schematic diagrams of individual devices and system diagrams. ' Manufacturer's standard "cut sheets" only are not acceptable. 1.4 ALTERNATES, SUBSTITUTIONS ' A. See General and Supplemental Conditions and Division 1. T16.21649 -Albertville, MN ELECTRICAL GENERAL PROVISIONS ' Hunter's Pass Lift Station PAGE 16010-1 1.5 NAMEPLATES A. Each piece of equipment shall have a standard nameplate securely affixed in a conspicuous place, showing the manufacturer, model number and serial number as is applicable. The nameplate of the distributing agent only will not be acceptable. 1.6 QUALITY A. All work shall be installed by skilled mechanics in a neat and workmanlike manner and shall be approved by the Engineer before fmal acceptance by the Owner. B. If equipment is furnished having power and control requirements other than as specified, the Contractor shall make all necessary changes and furnish a complete set of drawings for installing the alternate equipment. The installation shall comply with the requirements of the 2002 Edition of the National Electrical Code, local and state codes and ordinances. Where the contract documents call for workmanship or materials in excess of code requirements, the project manual shall take precedence. Electrical equipment and materials shall be Underwriter's Laboratory approved, where U.L. standards for such products exist. C. All equipment to be installed on the project shall be new and unused. Existing equipment, if applicable, shall be reused only after obtaining written permission from the Engineer. 1.7 GUARANTEE A. See General and Supplemental Conditions and Division 1. PART 2 -PRODUCTS (NOT USED) PART 3 -EXECUTION 3.1 GENERAL A. The following items shall be included in the work to be done: All work shall be under the direct supervision of a master electrician. 2. Furnish permits as required for electrical construction. Pay all electrical inspection charges for the construction. 3. Furnish and install all power and control conduit and cable. 4. Furnish and install the ground system and complete all grounding connections. C~ u l J 5. Furnish and install electrical equipment as specified in accordance with the manufacturer's recommendations, instructions and directions. All equipment shall be properly protected during ' construction. 6. Complete all connections and test operate the equipment in cooperation with the Owner, the , Engineer and others working on the project. 7. Provide temporary wiring for construction use including ground fault protection in accordance with the 2002 National Electrical Code. ' r T16.21649 -Albertville, MN ELECTRICAL GENERAL PROVISIONS Hunter's Pass Lift Station PAGE 16010-2 ' ' 3.2 INSPECTION ' A. The Contractor shall inspect all the electrical equipment and shall notify the Engineer in writing before the equipment is installed if the equipment appears to be deficient in fit, form or function. 3.3 CONSTRUCTION A. The Contractor, under this portion of the contract, shall be responsible for all cutting, patching, excavation, backfill, sleeves, chases, openings, etc. for equipment specified in this portion of the contract documents or for cable and conduit and associated electrical equipment that is specified in this portion of the contract documents to serve equipment that is provided by a different portion of these documents. Ifthe Contractor provides equipment that has power and control requirements that are different from those ' specified, then that Contractor shall be responsible for any additional costs incurred for engineering, construction, and all wiring changes required to make the alternate equipment perform per the intent of the contract documents. B. All patching, cutting, etc. shall have a finish that is compatible with the final finish of the remainder of the surface and shall meet with the approval of the Engineer. ' ****END OF SECTION**** 7 0 u T16.21649 -Albertville, MN ELECTRICAL GENERAL PROVISIONS ' Hunter's Pass Lift Station PAGE 16010-3 SECTION 16100 -BASIC MATERIALS AND METHODS PART 1 -GENERAL ' 1.1 DESCRIPTION A. Related Documents ' 1. Bidding Requirements, Conditions of the Contract and pertinent portions of Sections in Division One of these Specifications apply to the Work of this Section as fully as though repeated herein. 1.2 QUALITY ASSURANCE A. All material shall meet the requirements of the National Electrical Code (N.E.C.), National Electrical Manufacturers Association (NEMA) specifications and local codes and ordinances, and shall be ' Underwriter's Laboratories listed, where U.L. standards for such products exist. 1.3 SUBMITTALS A. The Contractor shall submit complete technical data on: 1. Conductors 2. Conduit, boxes and fittings ' PART 2 -PRODUCTS 2.1 CONDUCTORS -COPPER ' A. Conductors shall be of soft drawn, annealed copper, having a conductivity of not less than 98% of pure copper. Conductors shall be NEMA Class B stranded. The conductors shall conform to ICEA and NEMA standards. ' B. The minimum size for wiring shall be #12 AWG copper, unless shown otherwise. All conductor sizes are based on copper with THWN insulation rated at not less than 75 deg C and suitable for wet and dry locations unless noted otherwise. C. All circuits shall be installed using wire with 600V insulation, unless wire with a different voltage rating is indicated. The insulation, as a minimum, shall have a conductor rating of not less than 75 deg C in both wet and dry locations. All cable shall have the same type of insulation by the same manufacturer throughout the project. Insulation shall meet all applicable NEMA and ICEA standards. ' D. All cable shall be stranded. 2.2 CONDUITS, FITTINGS, BOXES AND DEVICES ' A. The Contractor shall supply conduit, couplings, connectors, junction boxes, fittings and all other required items for a complete raceway system. The conduit fills indicated in the contract documents are based on copper conductors with THWN insulation suitable for 75 deg C insulation in wet or dry locations. The ' Contractor shall resize conduits for other conductor and/or insulation systems, if approved. The conduit shall be reamed and cleaned and made free of burrs. Exposed conduit runs shall be straight and true with the building lines and elbows, bends and offsets shall be uniform and symmetrical. All conduit runs shall be installed with adequate means for drainage provided at the low points. T16.21649 -Albertville, MN BASIC MATERIALS AND METHODS ' Hunter's Pass Lift Station PAGE 16100-1 B. Schedule 80 PVC Conduit: ' 1. Underground conduit shall be Schedule 80 PVC. ' 2. The conduit shall be supported as recommended by the manufacturer or as required by applicable codes and ordinances, whichever is the most stringent. The conduit shall be composed of high impact PVC and shall be rated for 90°C wire. The conduit shall be listed for underground, encased, , and exposed applications. The PVC conduit system shall contain fittings for connecting the system to junction boxes and other devices as required. 3. Wherever a PVC conduit system is used, the Contractor shall furnish and install copper ground ' conductors. The conductors shall be continuous with no splices or joints unless permitted by the National Electrical Code. The size of the ground conductor shall be as required by the National Electrical Code or as shown on the drawings whichever is more stringent. , , C. Rigid Steel Conduit: 1. Exposed above-grade conduit shall be galvanized rigid steel. The conduit shall bear the U.L. label. , 2. Job-site threading shall be painted with oil-base gray primer. , PART 3 -EXECUTION 3.1 UNDERGROUND WORK ' A. The Contractor shall be responsible for all excavating, concrete work where applicable, and backfilling. The underground conduit shall be at least 30 inches below the finished grade. , B. Backfill shall be earth or sand tamped into place. The trench shall be filled to the top and the surface restored to a finished condition. All excess earth shall be removed. 3.2 INSTALLATION A. The Contractor shall furnish, install, wire and start-up equipment as required by the contract documents. The manufacturer's installation recommendations shall be observed and the completed assembly shall ' meet applicable code requirements. 3.3 CONDUCTOR INSTALLATION , A. Conductors shall be installed using industry accepted techniques as defined by Underwriter's Laboratories, National Electrical Code, NEMA, ICEA, and other applicable standards. The Contractor shall use approved pulling compound where applicable. B. No splices shall be made in power wiring except in junction boxes. Conductors shall be continuous from outlet to outlet. Wiring shall be terminated as required in the contract documents. ' C. No splices shall be made in signal or control conductors. The wiring shall be continuous from device to device. , D. All wire and cable shall be tested for grounds and continuity before the circuit is energized. The Contractor shall assume full responsibility for damage done to the equipment due to circuit grounds or open circuits. ****END OF SECTION**** T16.21649 -Albertville, MN BASIC MATERIALS AND METHODS Hunter's Pass Lift Station PAGE 16100-2 ' SECTION 16201 -PORTABLE GENERATOR PROVISIONS ' PART 1 -GENERAL 1.1 SECTION INCLUDES A. Supply and installation ofportable generator receptacle with control panel for connection to the Owner's existing portable generator. ' B. Coordination with Owner's separate existing portable generator. ' G Verificafion of portable generator operation at the Lift Station. 1.2 SCOPE ' A. The Owner will furnish the existing portable generator, including transportation of the generator to the jobsite for testing. ' B. Under this contract, Contractor will: 1. Coordinate phase rotation and receptacle configuration/compatibility with separate portable genset. 2. Verify compatibility and satisfactory operation of the portable genset at the lift station. The Owner will provide transportation of the portable genset to and from the project site. 3. Notify the Owner of the project schedule and coordinate prof ect scheduling and sequencing with the Owner. Coordinate inspection of installed equipment with the separate, portable genset provided by the Owner. 4. Work cooperatively with the Owner during genset start-up and assist in minor wiring revisions during the start-up procedures. Attend all start-up procedures. Contractor is required to verify operation of the City's existing portable generator at the Lift Station. PART 2 -PRODUCTS (NOT USED) PART 3 -EXECUTION 3.1 SCHEDULING A. Coordinate scheduling with Owner to meet the overall project schedule. ' ****END OF SECTION**** C C T16.21649 -Albertville, MN PORTABLE GENERATOR PROVISIONS Hunter's Pass Lift Station PAGE 16201-1 7 J i L L r L L i PART 1 -GENERAL 1.1 DESCRIPTION SECTION 16400 -ELECTRICAL SERVICE A. Bidding Requirements, Conditions of the Contract and pertinent portions of Sections in Division One of these Specifications apply to the Work of this Section as fully as though repeated herein. 1.2 MAIN SERVICE A. The Contractor shall coordinate the installation of the new main services. The system voltage and ampacity shall be as shown. It shall be the responsibility of the Contractor to contact the utilities serving the project sites and coordinate the details of the service entrances. B. Coordinate metering requirements with serving utility. C. The Owner will separately pay utility service charges. D. Utility will furnish and install the pad-mount transformer; will make primary and secondary terminations at the transformer; and will provide and install the utility meter on the Contractor-furnished meter base. E. The Contractor shall furnish and install the secondary service cable and conduit from the utility transformer to the lift station control panel. F. It is the Contractor's responsibility to confum all requirements and the fmal scope split with utility companies before installation. G. Contractor shall furnish and install the utility transformer concrete pad per Utility specifications. Coordinate fmal installation details with Utility. I. The local electrical utility is: Wright-Hennepin Coop Electric P. O. Box 330 6800 Electric Drive Rockford, MN 55373 Contact: Mr. Wayne Bauernschmitt Phone: (763) 477-3000 PART 2 -PRODUCTS 2.1 GROUNDING MATERIALS A. The entire installation shall be grounded in accordance with the National Electrical Code and as otherwise detailed. PART 3 -EXECUTION 3.1 SCHEDULING A. Coordinate scheduling with the serving utility to meet the overall project schedule. ****END OF SECTION**** T16.21649 -Albertville, MN ELECTRICAL SERVICE ' Hunter's Pass Lift Station PAGE 16400-1 SECTION 16900 -LIFT STATION CONTROLS PART 1 -GENERAL ' 1.1 DESCRIPTION A. Bidding Requirements, Conditions of the Contract and pertinent portions of Sections in Division One of these Specifications apply to the Work of this Sections as fully as though repeated herein. ' B. The Contractor shall furnish and install, complete, a lift station control panel and field instruments. All internal buswork and wiring shall be completed by the manufacturer and where connections must be ' completed between equipment sections in the field, the wiring or buswork, shall be terminated in each section of equipment in a manner to facilitate field connections. The Contractor shall furnish, properly sized and coordinated, connectors for the conductors entering the equipment. All equipment shall meet the requirements of NEMA standards and the latest edition of the National Electrical Code, where applicable. 1.2 SUBMITTALS ' A. The Contractor shall submit complete shop drawings, instruction manuals, and record drawings to the Engineer for review, approval and forwarding to the Owner. The quantity and general format shall be as defined in the General Conditions. The information shall include: 1. System schematic drawings. 2. Component schematic drawings. 3. Dimension drawings, wiring and/or piping drawings. ' 4. Equipment specification sheets. 5. Fabrication and nameplate legend drawings on panels and other enclosures. ' 6. Complete control panel layout, structural, panel and equipment location. B. After installation and before the fmal acceptance of the equipment, bound books containing the record drawings in addition to complete information in connections with the assembly, operation, adjustments, maintenance and repair of all equipment, together with a detailed parts list with drawings and photographs shall be furnished to the Engineer for transmittal to the Owner. These required bound books shall be referred to as the "Operation and Maintenance" Manuals and shall be in quantity and general format as ' defined in the General Conditions. C. The shop drawings submittal shall conform to the requirements of the contract documents. All wiring shall be terminated on barrier type terminal strips with the use of crimp type spade connectors. Where the contract documents show a nomenclature used on the terminal strips then the shop drawings and manufactured equipment shall also utilize the same nomenclature. Where none is assigned the ' manufacturer shall generate a nomenclature. D. The Contractor shall not accept or install any equipment until he or she has received complete review for the drawings. The Contractor, manufacturer and supplier accept total responsibility for any modifications to equipment or any costs incurred due to the removal and replacement of equipment that has not had shop drawing reviewed with no exceptions being taken. T16.21649 -Albertville, MN LIFT STATION CONTROLS ' Hunter's Pass Lift Station PAGE 16900-1 1.3 SUPPLIER EXPERIENCE AND CAPABILITIES A. The supplier shall be normally engaged in the assembly, installation, repair, and maintenance ofmunicipal and industrial wastewater pumping control systems. B. The supplier shall have provided at least five (5) successful systems of similar or larger complexity in the State of Minnesota or five contiguous states in the last two (2) years. C. The supplier shall modify or supplement the supplier's "standard products" to meet these specifications. Standard products of a particular supplier that do not meet the functional and technical requirements of the specification are not acceptable. D. The supplier shall be capable of offering an extended service contract after completion of the warranty period, including 24 hour, 7-day per week emergency services. E. Supplier shall test, and support the system using its own facilities and employees. F. Supplier shall produce all project drawings using computer-aided drafting. G. Upon request, the supplier shall submit: 1. List of five (5) projects referenced above, including customer's name, customer contact person, engineering contact person, and phone numbers. Include a description of the proj ect hardware and cost. 2. Description of service capabilities, including number ofpersonnel, resumes, their location, and types of service contract available. H. Supplier shall have a staffed service and parts office within 250 miles of the project site. The office shall have a minimum of two (2) full-time service personnel. I. Supplier shall submit a certification letter, signed by a corporate officer, stating in detail how the supplier meets each of the above requirements. 1.4 BASIS OF BID A. In order to assure uniform quality, ease of maintenance, and minimal parts storage, it is the intent of this Specification, that all equipment called for under this section be supplied to match the equipment and general layout of the existing "Savitski's"Lift Station control panel that is currently in service for the City of Albertville. The referenced existing control panel was manufactured by Sweeney Controls Company; Fargo, ND. B. Bids shall be based upon the following manufacturers offering products and services to comply with the specified requirements: 1. Sweeney Controls Company; Fargo, ND C. Products and services from other manufacturers with equal quality may be proposed as a Contractor- proposed "Alternate". See Division 1. 1.5 SOFTWARE UNIFORMITY WITH EXISTING LIFT STATIONS A. The City has recently constructed several similar lift stations with similar control systems. Under this Contract, Supplier shall visit existing lift stations (as determined by Owner during construction), obtain existing PLC and Panelview application files, and use the PLC and Panelview application files as the basis J J I~'~ T16.21649 -Albertville, MN LIFT STATION CONTROLS Hunter's Pass Lift Station PAGE 16900-2 , u 0 0 II~~ 7 I~~ 7 0 u u n for software development for this project, to result in a system having similar function and appearance as existing stations. PART 2 -PRODUCTS 2.1 LIFT STATION CONTROL PANEL A. The control panel shall be constructed in accordance with Underwriter's Laboratories (UL) Standard 698A - "Industrial Control Panels for Hazardous Locations", and applicable portions of UL Standard 913 - "Intrinsically-Safe Apparatus and Associated Apparatus for use in Class I, II, and III, Division 1, Hazardous Locations". The panel(s) shall be shop-inspected by UL, or constructed in a UL-recognized facility. Each completed panel shall bear a serialized UL label indicating acceptance under Standard, 698A. B. Enclosure The enclosure shall be a NEMA 3R tamperresistant, stainless steel unit. All panels shall be of not less than 14 gauge Type 304 stainless steel with continuously welded seams. The enclosure shall contain an interior sub-panel for mounting all control components and the enclosure shall be sufficiently large to accept all control components without crowding. Larger enclosures shall contain door and panel stiffeners as required. The front door shall have a rolled lip and the door flanged and the corners ground smooth. All enclosure welding seams shall also be ground smooth. 2. The doors shall be fastened to the enclosure with a continuous type stainless steel piano hinge and locking three-point nunimum, stainless steel hardware. The doors shall be lockable with a padlock. The inside of the door shall contain data pockets. Doors shall not require the use of screwdrivers or removal of hand bolts to open. 3. Enclosure shall havefull-height dead-front inner hinged doors that house all front-panel components including switches, indicating lights, circuit breaker operating handles, running time meters, overload reset pushbuttons, and other controls that require operator access. 4. The enclosure shall be insulated on all interior surfaces with one-inch thick closed-cell foam insulation. 5. Enclosure shall be shall have thermostatically-controlled heater(s) to prevent condensation and freezing within the enclosure. 6. Provide minimum clear space in the control panel for SCADA telemetry equipment as indicated on the Drawings. 7. Provide Type 304 stainless steel legs and ventilated skirts with tamper-proof hardware as indicated on Drawings. C. Starters The starters shall be UL labeled. Starters shall be NEMA-rated for the motor horsepower. Starter shall have three ambient compensated quick-trip heater elements for submersible pumps. The starter operating coil shall be suitable for operation at 120 VAC. IEC style starters are not acceptable. T 16.21649 -Albertville, MN LIFT STATION CONTROLS ' Hunter's Pass Lift Station PAGE 16900-3 0 D. Control Devices All control devices including, but not limited to, selector switches, pushbutton switches and indicating lights, shall be of the heavy duty, oil tight type. The contacts shall meet NEMA rating designation A600. The devices shall be Cutler-Hammer Type T, Allen Bradley Bulletin 800T, or Square D Class 9001 units, or equal. Each shall be supplied complete with escutcheon and nameplate. 2. Indicating lights shall not require the use of special tools to re-lamp. Re-Tamping shall be capable by hand only. E. Control Relays Relays shall be of the plug-in type with associated sockets and retaining clips. The relays shall have dust covers. All contacts shall be rated for not less than 10 amps at 120 VAC with 3/16" diameter gold flashed silver cadmium oxide moving and stationary points. Insulation resistance shall be 1000 megohms, nominal, at 500 VDC between all non-connected terminals. Dielectric withstand shall be 2,000 VAC between non-connected terminals. F. Circuit Breakers All circuit breakers shall be UL labeled and shall be of the size shown. All breakers shall have an interrupting rating of not less than 22,000 amps, sym. Circuit breakers that are down-stream of a control panel step-down transformer may have 10,000 amp interrupting rating. The main circuit breaker and the portable generator circuit breaker shall have hardware to prevent simultaneous closure. G. Receptacle 0 u ii n i i C 1. The receptacle for portable tools, etc. shall be a 20 amp specification grade, UL-listed ground fault ' interrupter. H. Terminals and Wiring ' 1. All field wiring shall be terminated on terminal strips. The terminal strips shall be of the barrier type. Each terminal shall be of the two screw type. The contacts shall betin-plated copper, capable of carrying 10 amps at 600 VAC. The contacts shall be large enough to accept up to and including ' No. 12 AWG wire. The barrier strip shall have a minimum voltage withstand of 5,000 volts. The barrier strip shall be suitable for the required number of contacts. 2. Power wiring shall be terminated on barrier-type blocks sized for the application. , 3. Number all ternnals and tag all panel wiring and field conductors to correlate with manufacturers' drawings. ' Surge Arresters, Lightning Arresters 1. Controls shall include surge protectors on all incoming phases, Square D Class 6671 or equal. ' 2. Control circuit surge arrester shall be EDCO #HSP121BT-1RU, or approved equal. ' Indicating Lights 1. Nominal 1-inch diameter, opaque colored lens. ' T16.21649 -Albertville, MN LIFT STATION CONTROLS Hunter's Pass Lift Station PAGE 16900-4 ' ~Ii C CI L LI 2. Press-to-test feature. 3. Heavy-duty, oil-tight. 4. Indicating lights must be large enough to allow hand replacement of the lamps without the use of special tools. K. Running Time Meters 1. Six digit, indicate hours and tenths. 2. Non-resettable. 3. 3-inch diameter front, nominal. L. Enclosure Heat 1. Manufactured strip-type unit with metal housing, thermostat and 0 - 100°F adjustable range. 2. UL labeled. 3. Provide quantity and size as required to meet temperature requirements specified. M. Exterior "Alarm" Light 1. Weatherproof, vandal-proof unit with red polycarbonate globe and 120 VAC lamp. 2. Suitable for top-mounting on panel. 3. UL labeled. N. Float Switches 1. Polypropylene with encapsulated mercury switch. 2. Contact rating: 3 amps, 120 VAC, resistive. 3. Operating differential: 1 inch, nominal. 4. Extra flexible cord in length as required for application. O. Intrinsically-Safe Barrier 1. UL labeled unit suitable for using non-rated devices in NEC Class 1, Division 1 explosive area. 2. Ternunal strip connections. P. 3-Phase Power Monitor Relay: 1. Unit which monitors 3-phase power lines for abnormal power conditions: low voltage, high voltage, phase loss, phase reversal, or phase unbalance. Unit includes an adjustable trip delay of 1 to 10 seconds and overvoltage and undervoltage LED indicators. 2. Manufacturer: Time Mark Corporation, Model 269 or equal. T16.21649 -Albertville, MN LIFT STATION CONTROLS ' Hunter's Pass Lift Station PAGE 16900-5 Q. Generator Receptacle 1. Provide weatherproof unit with male pins, angle adaptor and spring-loaded cover, manufacturer and model number as indicated on Drawings. 2. Generator receptacle shall be compatible with Owner's existing portable engine-generator set. Contractor shall field confirm requirements. R. Interior Panel Light 1. Hoffman Engineering Company #A-LTDB 1, or equal 120VAC unit with integral switch actuated by enclosure door. S. Uninterruptible Power Supply (UPS) 1. Continuous on-line, 120VAC, single-phase unit that constantly rectifies, stores and inverts power to load. Capacity (VA) as determined by supplier, but not less than 150% of maximum load. 2. Invensys "Powerware" Series 5115, or equal. T. Programmable Logic Controller (FLC) 1. Allen-Bradley "Micrologix 1500" to match existing units. 2. #1764-LRP processor with DH-485 port (for Panelview unit) and RS-232 port (for radio SCADA communication). Provide input and output modules as required. 3. No substitutions. U. Operator Interface Unit 1. Allen-Bradley "Panelview 550" to match existing units. 2. #2711-KSAS, no substitutions. V. Power Supply 1. IDEC Series PSSR, to match existing units. 2. No substitutions. W. Panel Intrusion Switch 1. G.E./ Sentrolwide-gap style magnetic switch with integral cord and matching magnet. Model # 151- 7Z-06K, or approved equal. X. Submersible Level Transmitter 1. Sigma Controls, Inc. Series 6100, to match existing units. 2. Confirm measurement range with Engineer during construction. 3. Two-wire, loop-powered design that derives operating power from 4-20mA current loop. 4. Provide stainless steel mounting hardware for free-hanging installation in sewage wetwell. T16.21649 -Albertville, MN LIFT STATION CONTROLS Hunter's Pass Lift Station PAGE 16900-6 PART 3 -EXECUTION 3.1 START-UP SERVICES A. Confirm proper operation of all features and functions. Demonstrate operation to Engineer. 3.2 SUPPLIES A. Provide the following expendable items at project completion: 1. Twenty percent (20%) spare fuses and lamps, but not less than six (6) of each type furnished. 2. Two (2) spare relays of each type furnished. 3. One (1) complete set of replacement motor overloads for each size pump. B. Contractor shall provide all expendable items such as lamps, fuses, etc. for system start-up and checkout. 3.3 TRAINING A. Training on the lift station control panel shall be for four (4) hours, minimum, at each site. 3.4 WARRANTY A. 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Inc. b €~ ~~~ Fv11 ~~3d ~ ~-~ a ~ ~~ ~ ~ ~~ N ~ t N g ~~ ~~ ~x °~ _~ ~~ ~~ ~ ~g 7 ~ p' L > ~ /~ ' 9 ~= n ~~ Zt ~t 111"111 $_.. __'li~r~ Hi ~' F A f ^ g ~ 1 1 _ 1 ~~ ~ ---------- I------ I '~y~ ~~ ~~~ ~- _ ~~ I I~ w ~ Q '{v i : li i.._,._.i~b'u"~' fC 3C Y Y Y ~ ~8•' ~ ~^~~~_~.> _ ~~ ~~`~-~-~-' ilfi i ~ F ~~.~ ~ _ ~+ -- -- K I ~~ , L--J ..I.. 1~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ $ -- ~ -- ' - -- a ~ _= .... -------- T----- - --------- - ------ - ~ ~ :Y ~ ~~ ~~ ~~ ~ ~ ~~ ~ ~ 3~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a Z~ 0 a m L-------- ----------- -- -------- ---------- -- -- - ----- --- -- -- -- - ---- ~ ----- ~ ------- ~ ---- ~ ~ -- -- -- ~ - ~ -- ~ ---- Vl P N L+ N ~~ ~ ~ ~ c ~ ~~~~ g _ S ~~ ~~~~ ~ ~ ~ ~~ ~~ n_ ~ o~ ~~ ~~ ~~ ~~ ~~ g ~ ~ ~ ~~ ~ ~~ ~ o ~~ ~ ~ o Y r r l_ l A Geotechnical Evaluation Report Proposed 70th Street Lift Station and 52nd Street Utility and Street Construction Albertville, Minnesota Prepared for City of Albertville Professional Certification I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Henry Vloo, PE Associate -Senior Engineer License Number: 21140 May 31, 2005 Project AL-OS-01652 Braun Intertec Corporation BRAUN Braun Intertec Corporation Phone 952.995.2000 ~NTER.~EC 11001 HompshireAvenueS ~ Fax 952.995.2020 Minneapolis, MN 5543f3 Web hrauninierteccorn May 31, 2005 City of Albertville c/o Bolton & Menk, Inc. Attention: Mr. Dan Faulkner 2638 Shadow Drive, Suite 200 Chaska, MN 55318-1172 Project AL-OS-01652 Re: Geotechnical Evaluation Proposed 70th Street Lift Station and 52nd Street Utility and Street Construction Albertville, Minnesota Dear Mr. Faulkner: As you authorized, we completed the geotechnical evaluation for the proposed 70th Street lift station and 52nd Street utility and street construction in Albertville, Minnesota. The purpose of the soil borings was to assist in evaluating the subsurface soil and groundwater conditions with regard to support of the proposed structures and pavements. Boring Locations and Elevations Boring ST-1 for the Lift station location was chosen and staked in the field by Bolton & Menk, Inc. Borings ST-2 through ST-4 were chosen and staked by Braun Intertec. Surface elevations at Borings ST-2 through ST-4 were referenced to the top nut of a fire hydrant about 300 feet east of Barthel Industrial Drive on the south side of 52nd Street. An elevation of 100A feet was given this benchmark. The approximate locations of Borings ST-2 through ST-4, can be reviewed on the sketch attached to this report. Summary of Results Boring ST-1, taken for the lift station, encountered about 1 foot of clay topsoil over mostly sandy lean clay or clayey sand to the termination depth of the boring. A 2-foot layer of silty sand was encountered from 12 to 14 feet below the surface. The penetration resistance in the clayey soil ranged from 5 to 17 blows per foot (BPF), corresponding to consistencies of rather soft to very stiff. The penetration resistance in the layer of silty sand was 12 BPF, corresponding to medium dense conditions. Borings ST-2 through ST-4, taken on 52nd Street, encountered about 4 inches of a silty sand aggregate base at the surface. Borings ST-2 and ST-4 then encountered clay fill to depths of 5 and 9 feet, respectively. Boring ST-2 then encountered 1 foot of clay topsoil. Below the silty sand surface, clay fill and clay topsoil, these borings encountered sandy lean clay to the termination depths of the borings. The penetration resistances in the clay fill ranged from 5 to 11 BPF, indicating these soils were somewhat compacted. The penetration resistance in the natural clay ranged from 4 to 23 BPF, corresponding to consistencies of rather soft to very stiff. Providing engineering anc{ environmen~al solutions since 1957 City of Albertville Project AL-OS-01652 May 31, 2005 Page 3 While drilling, or after the hollow-stem auger had reached the termination depth of the borings, groundwater was not encountered in the boreholes. After the auger had been withdrawn from the boreholes, water was only encountered in Boring ST-1 at a depth of 17 feet. Boreholes ST-2 through ST-4 were left open for about 15 minutes, at which time, water was only observed in Boring ST-4 at a depth of 14 1/2 feet. Based on the recovered soil samples, it is our opinion that a general groundwater level likely exists where the soils change in color from brown to darker gray, which was encountered at depths of 12 to 18 feet below the surface. Summary of Recommendations It is our understanding that a new lift station will be constructed on 70th Street in the vicinity of Boring ST-1. New utilities and a paved surface are planned for a portion of 52nd Street. The soils encountered in Boring ST-1 below the 7-foot depth are judged suitable for support of the proposed lift station using an allowable soil bearing pressure of up to 3,000 pounds per square foot (psf). During excavation for the lift station, groundwater maybe present but could likely be controlled with sump pumps within the excavation. The lift station slab and foundations should be constructed on the undisturbed, medium to stiff clay soils. If the excavation bottom becomes disturbed, the unstable soils should be subcut and replaced with compacted gravel or sand. The soils at depth in Borings ST-2 through ST-4 in 52nd Street generally appear suitable for support of the proposed utilities. It should be anticipated granular bedding material will be needed around the pipes. Because the soils on this site were generally clayey, any underground pipes should be designed to resist corrosion. We recommend that the utility trench backfill, as well as the backfill around the lift station, be compacted to a minimum of 95 percent of the standard Proctor density (ASTM D 698). In paved areas, the minimum compaction requirements in the upper 3 feet of subgrade should be 100 percent. The moisture content of the soils should be within 3 percentage points of optimum to obtain a minimum of 95 percent. The moisture content should be no more than 1 percentage point over optimum to obtain a minimum of 100 percent in the upper 3 feet. Thick (deep) masses of clay ftll tend to consolidate long-term so final lifts of asphalt should be delayed one year or more to allow most of this settlement to occur. Based on a predominately clayey subgrade, we recommend that the pavements be designed for an assumed Hveem stabilometer R-value of 10. Drilling and Sampling We performed the penetration test borings on May 10 and 12, 2005, with both atruck-mounted and off- road-mounted drill rig equipped with 3 1/4-inch inside-diameter hollow-stem auger. Sampling for the borings was conducted in general accordance with ASTM D 1586, "Penetration Test and Split-Barrel Sampling of Soils." We advanced the boreholes with the hollow-stem auger to the desired test depths. 0 u ii n 0 u n 0 u u n ~~ City of Albertville Project AL-OS-01652 May 31, 2005 Page 4 ' A 140-pound automatic hammer falling 30 inches was then used to drive the standard 2-inch split-barrel sampler a total penetration of 1 1/2 feet below the tip of the hollow-stem auger. The blows for the last foot of penetration were recorded and are an index of soil strength characteristics. Samples were taken at 2 1/2 foot vertical intervals to the 15-foot depth and then at 5-foot intervals to the termination depths of the borings. A representative portion of each sample was then sealed in a glass jar capped with a lid. Soil Classification Our drill crew chief visually and manually classified soils encountered in the borings in general accordance with ASTM D 2488, "Description and Identification of Soils (Visual-Manual Procedure)." A summary of the ASTM classification system is attached. All samples were then returned to our laboratory for review of the field classifications by a geotechnical engineer. Representative samples will remain in our office for a period of 30 days to be available for your examination. Groundwater Observations ' Immediately after taking the final samples in the bottoms of the borings, our drill crew probed the holes through the hollow-stem auger to check for the presence of groundwater. Immediately after withdrawal of the auger, the holes were again probed and the depths to water or cave-ins were noted. The borings were left open for about 15 minutes, at which time water levels were again checked and the boreholes backfilled. Basis of Recommendations ' To permit correlation of the soil data obtained to date with the actual soil conditions encountered during construction and to provide continuing professional responsibility for the conformance of the construction to the concepts originally contemplated in this report and to the plans and specifications, it ' is recommended that we be retained to develop and perform the recommended observation and testing program for construction of the lift station, utility lines, and streets. Review of Design This report is based on the design of the proposed lift station, utility and street improvements 'as related to us for preparation of this report. It is recommended that we be retained to review the geotechnical aspects of the designs and specifications. With the review, we will evaluate whether any changes in design have affected the validity of the recommendations, and whether our recommendations have been correctly interpreted and implemented in the design and specifications. Groundwater Fluctuations Water level readings have been made in the borings at the times and under the conditions stated on the boring logs. These data have been reviewed and interpretations made in the text of this report. However, it must be noted that the period of observation was relatively short and that fluctuations in the groundwater level may occur due to rainfall, flooding, irrigation, spring thaw, drainage, seasonal and annual variations and other factors not evident at the time measurements were made and reported herein. Design drawings and specifications and construction planning should recognize the possibilities of variations. City of Albertville ' Project AL-OS-01652 May 31, 2005 , Page 5 Use of Report This report is for the exclusive use of the City of Albertville and Bolton &Menk, Inc., to use to design the proposed lift station, underground utilities and streets, and prepare construction documents. The data, analyses and recommendations may not be appropriate for other structures or purposes. We recommend that parties contemplating other structures or purposes contact us. In the absence of our written approval, we make no representation and assume no responsibility to other parties regarding , this Level of Care ' Services performed by Braun Intertec for this project have been conducted with that level of care and skill ordinarily exercised by members of the profession currently practicing in this area under similar budget and time restraints. No warranty, expressed or implied, is made. General We appreciate the opportunity to be of service to you on this project. If you have any questions, please contact Henry Vloo at 952.995.2238 or Jim Craig at 952.995.2372. , Sincerely, BRAUN INTERTEC CORPORATION Henry Vloo, PE Associate -Senior Engineer J es J. Cr ' , Jr., PE ' enior En neer Attachments: Boring Location Sketch Log of Boring Sheets, ST-1 through ST-4 Descriptive Terminology c: Mr. Kelly Yanke, Bolton and Menk (Burnsville) Georpt Albertville lift i~ ~~ i~ '~ _~ i ~ ~~ ~ 1~ ~ i U) Q J ~ ~ ~ a c~c o a mz p ~~ ~~ = f 3 ~ : ~ ~~~~ r ;~ I ''~~ ' '~ iY 1 .•} LN h ~ P In 1 ~e ;: a ~ ,~ 1 ~~} e! N ~1 ~~~~~ 0 U O N .~ ~.~ 0 ,~ -- c~ O o Q o V Z ~ ~I~ a~ W ~~ mZ O L N C O U c ,_~ m L w ~+ ~:r i+ ~ ~ ~ N y t0 ~ 'C c = W d !C ~ ~ ~_ w ~ ~ d V Q i NG d .= C~ ~ V w ~ i d O +• Cl OV'a~~ a~ +... Q ~ ~ ti J m a 0 Q. 0 i a o--z° 0 N ~ N O ~ O V1 O a ~ ~ as ~ ~ ~ w a ~ a BRAt~N'" LOG OF BORINGt I NTE RTEC Braun Project AL-OS-01652 BORING: ST-I , GEOTECHNICAL EVALUATION 70th Street Lift Station and 52nd Street Utility Improvements LOCA'T'ION: Proposed Lift Station-70th Street Albertville, Minnesota DRILLER: M. McWilliams METHOD: 3 I/4" HSA Autohammer DATE: 5/12/05 SCALE: 1" = 4' Depth ' feet ASTM Description of Materials BPF WL Tests or Notes 0.0 Symbol (ASTM D2488 or D2487) CL LEAN CLAY, with organics, black, wet. , 1.0 To soil CL SANDY LEAN CLAY, grayish brown to brown, wet, rather soft to medium. (Glacial Till) 5 , ith f Sil S d 8 w seams o ty an at 5 feet. c ~~ 7.0 SC CLAYEY SAND, with a trace of Gravel, brown, wet, stiff 13 , (Glacial Till) 0 o 9.0 CL SANDY LEAN CLAY, with a trace of Gravel, gray, wet, stiff. ' (Glacial Till) 14 iu <° 12.0 ' SM SILTY SAND, fine-grained, brown, waterbearing, medium dense. I2 ti (Glacial Outwash) 0 14.0 ~ CL SANDY LEAN CLAY, with a trace of Gravel, gray, wet, rather ' ~ stiff to very stiff. 17 t= (Glacial Till) U A An open triangle in the water level (WL) column indicates ~ b i d t was o served w h le nllinga A 11 solid triangle indicates the groundwater level in the borin on the date indicated. , Groundwater levels fluctuate. 0 0 a V Q 9 ~ with lenses of Poorly Graded Sand at 25 feet. * Water not observed with 29 ~ feet of hollow-stem auger in the ground. ~ Water observed at 17 feet , o immediately after withdrawing ~ the auger. `'' 14 Boring immediately backfilled. , 30.5 ~ *END OF BORING. ~ , AL-OS-01652 Braun fntertec Corporation ST-I nape I of I Y Y Y BRAUN'" INTERTEC LOG OF BORING Braun Project AL-OS-01652 BoRtNG: ST-2 GEOTECHNICAL EVALUATION LOCATION: 52nd Street -West End 70th Street Lift Station and 52nd Street Utility Improvements Albertville, Minnesota DRILLER: M. McWilliams METHOD: 3 I/4" HSA Autohammer DATE: 5/10/05 SCALE: 1" = 4' Elev. Depth feet feet ASTM Description of Materials BPF WL Tests or Notes 89.0 0.0 Symbol (ASTM D2488 or D2487) 88.7 0.3 FILL FILL: Silty Sand, fine- to medium-grained, with a trace Benchmark: Surface elevation FILL Gravel dark brown wet. of Borings ST-2, ST-3 and FILL: Sandy Lean Clay, with a trace of Gravel, dark ST-4 were reference to the top brown and gray, moist to wet. nut of the fire hydrant about 9 300 feet east of Barthel Industrial Drive on the south side of 52nd Street. Elevation = 100.0 9 CL LEAN CLAY, with Sand, black, wet. To soil CL SANDY LEAN CLAY, with a trace of Gravel, grayish brown, wet, medium. 6 (Glacial Till) 8 <° 77.0 12.0 CL SANDY LEAN CLAY, with a trace of Gravel, gray, wet, 9 medium to very stiff. (Glacial Till) 8 >F- 68.5 I 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 18 feet '^ immediately after withdrawing the auger. q Water not observed to cave-in depth of 18 feet after 15 - ~ minutes. m a Boring then backfilled. ~~ n AL-0 raun [ntertec Corporation 17 CT'-~ Wane 1 BRAUr~,M INTERTEC t3raun Project AL-OS-01652 GEOTECHNICAL EVALUATION 70th Street Lift Station and 52nd Street Utility Improvements Albertville, Minnesota LOG OF BORING BORING: ST-3 LOCATION: 52nd Street -Center DRILLER: Scott McLean METHOD: 3 1/4" HSA Autohammer DATE: 5/10/OS SCALE: 1'• = 4' Elev. Depth feet feet ASTM Description of Materials BPF WL Tests or Notes 88.8 0.0 Symbol (ASTM D2488 or D2487) 88.5 0.3 FILL FILL: Silty Sand, fine- to medium-grained with a trace CL , Gravel brown moist. SANDY LEAN CLAY, with a trace of Gravel, brown, wet, rather soft to very stiff. (Glacial Till) 4 4 i; 0 .~ 14 0 a 0 13 0 19 0 0 ~ 23 v v a 70.8 18.0 CL SANDY LEAN CLAY, with a trace of Gravel, gray, wet, very stiff. (Glacial Till) 18 68.3 20.5 END OF BORING. Water not observed with l9 feet of hollow-stem auger in the ground. Water not observed to cave-in depth of 18 feet immediately after withdrawing the auger. Water not observed to cave-in depth of 18 feet after 15 minutes. Boring then backfilled. ai _ns_ni~t~ ST-3 page I of I ~ ' B R A U N'M INTFRTFC I ~~ LOG OF BORING Braun Project AL-OS-01652 BORING: ST-4 GEOTECHNICAL EVALUATION LOCATION: 52nd Street -East End 70th Street Lift Station and 52nd Street Utility Improvements Albertville, Minnesota DRILLER: Scott McLean METHOD: 3 I/4" HSA Autohammer DATE: 5/10/OS SCALE: 1" = 4' Elev. Depth feet feet ASTM Description of Materials BPF WL Tests or Notes 93. L 0.0 Symbol (ASTM D2488 or D2487) 92.8 0.3 FILL FILL: Silty Sand, fine- to medium-grained, with a trace FILL Gravel brown moist. FILL: Sandy Lean Clay, with a trace of Gravel, dark brown, gray and brown, wet. (Glacial Till) 11 9 5 i 84.1 9.0 CL SANDY LEAN CLAY, with a trace of Gravel, brown, s wet medium 6 . , (Glacial Till) 6 1 8 75. I 18.0 CL SANDY LEAN CLAY, with a trace of Gravel, gray, wet, rather stiff. (Glacial Till) 10 72.6 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 17 feet immediately after withdrawing the auger. Water observed at 14 1/2 feet after 15 minutes. Boring then backfilled. A~-os-ut e~z Braun Intertec l:orporauon J 1 -4 Pa~'C I UI 1 Descriptive Termino/o, Standard D 2487 - 00 Classification of Soils for Engineering Purposes -situ - (Unified Soil Classification System) rwrsrruarroxn~ Criteria for Assigning Group Symbols and So ils Classification Group Names Using Laboratory Tests a Group Symbol Group Name " H o Gravels Clean Gravels C° _> 4 and 1 ~ C° < 3 ° More than 50% of L . ° GW Well-graded gravei° o ~ m ~ ~ coarse fraction ess than 5% fines C°< 4 and/or 1 > C°> 3 c GP Poorly graded gravel ° ' -°-' retained on Gravels with Fines Fines classify as ML or MH GM Silt ravel ° r9 ~ c ~ N L°o°o No. 4 sieve More than 12% fines • Fines classify as CL or CH GC Cla a ravel ° r9 4r ~ o ~ ° Sands 50 /° or more of Clean Sands C° ~ 6 and 1 < C° ~ 3 ° SW Well-graded sand " Z f°_ o m coarse fraction Less than 5% fines' C° < 6 and/or 1 > C > 3 ° c SP " Poorly graded sand U g passes Sands with Fines Fines classify as ML or MH SM Silty sand r9" E No. 4 sieve More than 12%' Fines classify as CL or CH SC Cla a sand r9" -c w -" Sills and Clays Inor anic 9 PI > 7 and plots on or above "A" line i CL Lean da k' m m N m Liquid limit Pi < 4 or plots below "A" Tine i ML Silt k i m ~ n -~ less than 50 Organic Liquid limit -oven dried < 0 75 OL Organic day k' m " c ~, o ° Li uid limit -not dried OL Organic silt k' m ° L o c v ,~ E d Silts and days Inorganic PI plots on or above "A" line CH Fatcla k' "' ~o Z Liquid limit PI Plots below "A" line MH Elastic silt k' m LL ~ 50 or more Organic Liquid limit -oven dried OH Organic clay k' m p Li uid limit -not dried < 0.75 OH k I m Organic sift v Highly Organic Soils Primarily organic matter, dark in color and organic odor PT Peat a. leased on the material passing the 3-in (75mm) sieve. b. If field sample contained cobbles or boulders, or both, add 'YriUi cobbles or boulders or both" to group name. D10 x D~ d. If soil contains >_ 15 % 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 Unes classify as CL-ML, use dual symbol GC-GM or SCSM. g. If fines are organic, add'With organic lines" to group name_ h. B soil contains ?15 % gravel, add `with gravel" to group name. i. Sands with 5 to 12 % lines require dual symbols: SW-SM well-graded sand with silt SW-SC well-graded sand with clay SPSM poorly graded sand with silt SP-SC poorly graded sand with clay j. 8 Atterberg limits plot in hatched area, soil is a CL-ML, silty clay. k. U soil contains 15 to 29 % plus No. 200, add'With sand" or "with gravel" whichever is predominant. I. If sail contains ~ 30 % plus No_ 200, predominantly sand, add "sandy" to group name. m. If soil contains ~ 30 % plus No. 200 predominantly gravel, add "gravelly" to group name. n. PI Z 4 and pots on a above "A" line. o. PI < 4 or plots below "A" line. p. PI plots on or above "A" line. q. PI pots below 'A" line. 4d a_ `X "~t7 ~ 20 to m a 10 7 4 0 1 1 '' .S ' ' oe v~ ~ i ~ . i ,' ~ G i i i i ~ ~ dt ,' G~' MH r OH - CL -~ ML MH or OH n w io cu ou au 5u 60 70 80 90 100 110 Liquid Limit (LL) Laboratory Tests DD WD Dry density, pd Wet density pcf OC Organic content, 'MC , Natural moisture content, % S Percent of saturation, SG Specific gravity LL PL Liqiuid limit, % Plastic limit, °/ C Cohesion, psf ~ An l f i t PI Plasticity index % g e o n ernal friction P2000 , /° passing 200 sieve qu Unconfined compressive strength, psf qp Pocket penetrometer strength, tsf Rev. 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 ........... ............................ <Na. 200, PI<4 below "A" line Clay ......... ..................... <No. 200, PI>4 ~.._ on or above "A"li ne 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 Sfrff ....... .............. . •----- -.... 13 to 16 BPF Very stiff ............................_...... 17 to 30 BPF Hard ...............°---.................._. over 30 BPF Drilling Notes Standard penefration test borings were advanced by 3D" or 6D" I hollow-stem augers unless noted otherwise, Jetting water was used t clean out auger prior to sampling only where indicated on logs. Standar penetration test borings are designated by the prefix "ST" (Split Tube). Ali 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 dassifications and sfrata depths were in- ferred from 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 30" 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 per foot 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 and 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 atone; 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: Ali tests were run in general accordance with applicable ASTM standards. L BRau INTERTE