2001-04 Utility & Street Construction
CATIONS FOR
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SP
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~; UTILITY & STREET CONSTRUCTION
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Towne a
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.Singh Family Residential
~. Albertville, MN
April, 2001
Prepared for:
Contractor Property. Developers .Company
7100 Northland Circle, Suite 108
Minneapolis, MN 55428
763-971.-0477
Contact: Dave Hempel
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' Westwood Professional Services, Inc.
7599 Anagram Drive_
Eden Prairie, MN 55344
Phone 952-937-5150,. Fax 952-937-5822:
Contact: Fran Hagen, II
:Project # 99360
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SPECIFICATIONS FOR:
UTILITIES AND STREETS
Towne Lakes
ALBERTVILLE, MINNESOTA
Owner:
Contractor Property Developers Company
Planner, Engineer, Surveyor:
Westwood Professional Services, Inc.
MINNESOTA DEPARTMENT O~ HEAITH
Division of Environmental Health
This is to certify that this is
a copy of the plan referred to
in approval letter on 'wa~terv '
improvements, dated M,,~,,,,j,.~,~,„~Q~
I hereby certify that this specification was prepared by me or under my direct supervision and that I am a duly
Licenced Professional ~neer under the laws of the State of Minnesota.
rands D. Hagen, II, P. Date
Reg. No. 17716
i INDEX TO CONTRACT DOCUMENTS
DIVISION I -CONTRACT REQUIREMENTS
PROPOSAL FORM ........................................................................................P
"SAMPLE" AGREEMENT BETWWEN OWNER AND CONTRACTOR
ON THE BASIS OF STIPULATED PRICE ............................................................A
INSTRUCTIONS TO BIDDERS .........................................................................IB
SUPPLEMENTERY CONDITIONS TO THE GENERAL CONDITIONS ......................SC
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (EJCDC) ...............GC
DIVISION II -SPECIFICATIONS
SPECIAL PROVISIONS TO THE STANDARD UTILITY SPECIFICATIONS ...............SPU
SPECIAL PROVISIONS TO THE STANDARD HIGHWAY SPECIFICATIONS............SPH
DIVISION III - GEOTECHNICAL REPORT
BRAUN INTERTEC GEOTECHNICAL EVALUATION REPORT, DATED 12/15/99
nrvrstoN z
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of
2001 by and between CONTRACTOR PROPERTY DEVELOPERS COMPANY
OWNER) and (hereinafter called CONTRACTOR).
in the year
(hereinafter called
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1. WORK.
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows: Utilities and Streets, Towne Lakes, Albertville, MN
ARTICLE 2. THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the part is generally
described as follows: Utilities and Streets, Towne Lakes, Albertville, MN.
ARTICLE 3. ENGINEER
3.01 The Project has been designed by Westwood Professional Services, Inc., 7599 Anagram Drive, Eden
Prairie, MN 55344, 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 4. CONTRACT TIMES.
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for
final payment as state in the Contract Documents are of the essence of the Contract.
4.02 Days to Achieve Substantial Completion and Final Payment
A. The Work will be substantially completed on or before the date stated in the Bid Proposal and
completed and ready for final payment in accordance with paragraph 14.07 of the General
Conditions on or before the date stated in the Bid Proposal.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER 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 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the
General Conditions. The parties also recognize the delays, expense and difficulties involved in
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proving 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 One Hundred
Dollars ($100.00) for each day that expires after the time specified in paragraph 4.02 for
Substantial Completion until the work is substantially complete. After Substantial Completion, if
CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the time
specified in the Bid Proposal for completion and readiness for final payment or any proper
extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred Dollars
($100.00) for each day that expires after the time specified in paragraph 4.02 for completion and
readiness for final payment.
ARTICLE 5. CONTRACT PRICE.
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds as detailed in the attached CONTRACTOR'S Bid.
1 As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed,
and determination of actual quantities and classifications are to be made by ENGINEER as proved
in paragraph 9.08 of the Genera Conditions . Unit prices have been computed as provide in
paragraph 11.03 of the General Conditions.
ARTICLE 6. PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. 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
1 the General Conditions.
6.2 Progress Payments; Retainage.
I A. OWNER shall make progress payments on account of the Contract Price on the basis of
CONTRACTOR'S Applications for Payment as recommended by ENGINEER, on or about the
20th day of each month during construction as provided in paragraphs 6.02.A.1 and 6.02.A.2
below. All such payments will be measured by the schedule of values established in paragraph
2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of
units completed) or, in the event there is no schedule of values, as provided in the General
Requirements:
B. Prior to Substantial Completion, progress payments will be made in an amount equal to
thepercentage 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
1 accordance with Paragraph 14.02 of the General Conditions.95% of the Work completed (with
the balance being retainage). Payment for materials on site shall not be allowed at anytime.
C. Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such
amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with
Paragraph 14.02.B.5 of the General Conditions.
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6.3 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the
General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by
ENGINEER as provided in said paragraph 14.07.
ARTICLE 7. INTEREST
7.01 All money not paid when due as provided in Article 14 of the General Conditions shall bear interest
at a rate of 8.0% per annum.
ARTICLE 8. CONTRACTOR'S REPRESENTATIONS.
8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents (including the
Addenda listed in Article 9) and the other related data identified in the Bidding Documents
including"technical data."
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general,
local and Site conditions that may affect cost, progress, performance or furnishing of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
D. CONTRACTOR has carefully studied all (1) reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground
Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph
4.02 of the General Conditions and (2) reports and drawings of a hazardous Environmental
Condition, if any, at the Site which has been identified in the Supplementary Conditions as
provided in paragraph 4.06 of the General Conditions. CONTRACTOR acknowledges that such
reports and drawings are not Contract documents and may not be complete for CONTRACTOR'S
purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume
responsibility for the accuracy or completeness of information and data shown or indicated in the
Contract documents with respect to Underground Facilities at or contiguous to the site.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done
so) all such additional supplementary examinations, investigations, explorations, tests, studies
and data concerning 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
or which relate to any aspect of the means, methods, techniques, sequences and procedures of
construction to be employed by CONTRACTOR, including applying the specific means,
methods, techniques, sequences, and procedures of construction, if any, expressly required by the
Contract Documents to be employed by CONTRACTOR, and safety precautions and programs
incident thereto.
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F. CONTRACTOR does not consider that any additional examinations, investigations, explorations,
tests, studies or data are necessary for the performance and furnishing of the Work at the
Contract Price, within the Contract Times and in accordance with the other terms and conditions
of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others
at the site that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and data
with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
ARTICLE 9. CONTRACT DOCUMENTS.
9.01 Contents
A. The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the work consist of the following:
1. This Agreement
2. Performance, Payment Bonds, and Insurance Certificates
3. Notice to Proceed.
4. General Conditions (pages 1 to 42, inclusive).
5. Supplementary Conditions
6. Specifications bearing the title "Utilities and Streets" Towne Lakes, Albertville, MN.
7. Drawings consisting of sheets numbered 1 through 15, inclusive with each sheet bearing
the following general title: Utilities and Streets
8. Addenda -None.
9. CONTRACTOR'S Bid.
10. Documentation submitted by CONTRACTOR prior to Notice of Award
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11. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to paragraphs
3.5 and 3.6 of the General Conditions.
A. The documents listed in paragraphs 9.01.A above are attached to this Agreement (except as
expressly noted otherwise above).
B. There are no Contract Documents other than those listed above in this Article 9.
C. The Contract Documents may only be amended, modified or supplemented as provided in
Paragraphs 3.05 of the General Conditions.
ARTICLE 10. MISCELLANEOUS
10.01 Terms
1
A. Terms used in this Agreement which are defined in Article 1 of the General Conditions will
have the meanings indicated in the General Conditions.
10.03 Assignment of Contract
A. 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
may be 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.
' 10.03 Successors and Assigns
A. 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 to all covenants, agreements and obligations contained in the Contract documents.
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10.04 Severability
A. 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.
' A-5
INSTRUCTIONS TO BIDDERS
PROPOSALS. A separate copy of the Contractor's Proposal or bidding blank is included in loose form
with this manual. All proposals must be on these official blanks. Any alteration of the Proposal form
may be cause for rejection of the Proposal. Additional copies maybe obtained at the office of the
Engineer.
2. DELIVERY OF PROPOSALS. Each proposal and all papers bound and attached thereto shall be
placed in an envelope and securely sealed therein. Envelopes shall be so marked asto indicate the
following:
A. Bid for
TOWNE LAKES
B. Name of Bidder
I C. To be Opened
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The envelopes shall be addressed to the designated officials of the Owner. They may either be mailed,
delivered by messenger, or submitted in person.
A faxed bid will be accepted for this project
All proposals shall be at the office of the designated recipient before the time set for opening proposals.
Proposals arriving after the time designated for opening proposals will be returrnd unopened, or unread
should a faxed bid be allowed. Proposals arriving by mail after the designated opening time will be
returned to the sender unopened.
All bids will be opened and read privately, by the Owners, who will advise the Contractors as soonas
possible, of the decisions made.
3. CONDITIONS IN BIDDER'S PROPOSAL. The bidder shall stipulate in his proposal any conditions
for which provisions have not been provided on the proposal form.
4. WITHDRAWAL AND MODIFICATION OF PROPOSAL. A Bidder may, without prejudice to
himself, withdraw, modify, or correct a proposal after it has been deposited with the Owner. Any
request for such withdrawal, modification, or correction must be filed with the Owner in writing or by
telegram, before the time set for opening proposals. The original proposal, as modified by such written
or telegraphic communication, will be considered to be the proposal submitted by the Bidder.
No proposal can be withdrawn, modified or corrected after the time set for opening proposals.
5. PREPARATION OF PROPOSAL. The blank spaces in the proposal shall be filled in ink or typewritten
and any alterations or interlineations shall be initialed by the Bidder.
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For each and every item for which a quantity is given, the bidder must state the prbes for which he
' proposes to do each item of work contemplated.
The Bidder's Proposal must be signed in ink by the individual, by one or more members of the
partnership, or by one or more officers of the corporation submitting it. If the proposal is madeby an
individual, his name and post office address must be shown; if made by a partnership, the name and post
office address of each member of the partnership must be shown; if made by a corporation, the
corporate seal must be affixed and the name and title of the individual signing the proposal and the
corporation's business address must be shown. Anyone signing a proposal as agent may be required to
submit satisfactory evidence of his authority to do so.
A proposal may be considered irregular and maybe rejected if it shows any omissions, alterations of
form, additions not called for, conditional or alternate bids not called for, or irregularities of any kind
which may tend to make the proposal incomplete, indefinite or ambiguous as to its meaning.
6. EXAMINATION OF THE PROPOSED WORK AND PROJECT MANUAL REQUIlZEMENTS.
Bidders shall inform themselves concerning the conditions under which the work is to be performed,
determine the availability of materials and labor, examine to their satisfaction the quantiles of work to
be performed as determined from the drawings and project manual, thoroughly review the drawings,
project manual and other contract documents to make sure all requirements are fully understood.
' Failure on the part of the Bidder to ascertain all the requirements of the Drawings, Project Manual, other
Contract Documents, and conditions at the site of work shall not constitute a basis for extra
compensation nor relieve the Bidder from any obligations.
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No bidder may rely upon any statements or representations of any officer, agent, or employee of the
Owner with reference to the conditions of the work on the character of the soil or other hazards which
may be encountered during the course of construction.
The submission of a bid will constitute a7 incontrovertible representation by the Bidder that he has
A. Examined the Contract Documents thoroughly,
B. Visited the site to familiarize himself with local conditions affecting the Work and performed all
subsurface investigations which he has deemed necessary,
C. Familiarized himself with federal, state, county, and local laws, ordinances, rules and regulations
that may in any manner affect cost, progress or performance of the Work, and
D. Studied and carefully correlated his observations with the Contract Documents.
The Bidder shall base his proposal on materials and equipment complying fully with the Drawings and
Project Manual, and should his bid have been based on materials or equipment which do not conform,
or which in the judgment of the engineer does not meet the requirements of the "Or Equal"
determination, the Bidder shall furnish materials and equipment as specified, at no change in contract
price.
7. BID SECURITY. No bid security is required for this project.
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8. INTERPRETATIONS OF PROPOSAL ESTIMATES. The uantities as shown in the Pro osal are
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estimated and are furnished only as a basis to prepare a bid and to determine the low Bidder. The
quantities shown in the Proposal are not guaranteed to be exact. The Contractor agrees that he will
make no claim for anticipated profits, or for losses because of any difference between the work actually
done or materials furnished and the estimated quantities stated in the agreement.
9. INTERPRETATION OF CONTRACT DOCUMENTS. If any person contemplating submitting abid
for the proposed Contract is in doubt as to the true meaning of any part of the drawings, project manual
' or other Contract documents he may submit to the engineer a written request for an interpretation
thereof.
' An interpretation of the documents will be made only by an Addendum duly issued. The addendum will
be mailed, sent by telecopy, or delivered to each person receiving a copy of said documents
(planholders) and become a legal and binding part thereof.
10. COMPETENCY OF BIDDERS. If so requested by the Owner, the Bidder shall furnish a complete
statement of his experience as well as the amount of capital and equipment available for the proposed
work. No contract will be awarded except to a responsible Bidder, capable of performing the class cf
work contemplated.
' Failure on the part of any Bidder to satisfactorily complete previous projects within the specified time, or
his lack of experience, equipment or capital necessary for the satisfactory completion of the work, may
be deemed sufficient cause for disqualification.
11. DISQUALIFICATION OF BIDDERS. Evidence that any Bidder is interested in more than one
proposal for the same project will cause rejection of all such proposals. Collusion between the Bidders
will be considered sufficient cause for the rejection of all bids.
12. AWARD OF CONTRACT. The Owner reserves the right to reject any or all bids, or to accept such bid
or bids as, in the opinion of the Owner, will be to the best of his interests. No Bidder may withdraw his
' bid for at least ten (10) days after the scheduled closing time for the receipt of bids. Comparison of bids
will be based on the total bid after the addition of the amount of the correct multiplication of each unit
price applied to the number of units or the total bid lump sum.
13. TIME OF PERFORMING CONTRACT. The Notice to Proceed with the work will be issued at the
pre-construction conference. The dates that work shall commence and be substantially complete are
' stated in the Bid Proposal.
14. UNIT PRICES CONTROL. The total amount of the contract shall be based on the unit prices. The
' total amount of the contract shall be the correct addition of the extended prices which in turn shall be the
correct product of the number of the units times the unit price.
' 15. TAXES. Each Bidder shall include and shall be deemed to have included in the prices quoted in the
Contractor's Proposal the amounts which it is estimated will be payable by the successful Bidder on
account of taxes imposed by any taxing authority upon the sale, purchase or use of materials, supplies,
or equipment incorporated in the project. All taxes, shall be payable by the Bidder awarded the contract
for the construction of the project.
Successful Bidder is subject to payment of Minnesota income tax in amount prescribed bylaw. If
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successful Bidder is anon-Minnesota partnership, individual or association, he shall furnish evidence,
prior to execution of contract, that bond or securities have been posted with the Minnesota Department
of Revenue in the amount required by law.
17. O.S.H.A. PROVISIONS. This contract, including all materials, equipment and workmanship, is subject
to the provisions of the Williams-Steiger Occupational Safety and Health Act of 1970.
The Contractor shall have Right to-Know and AWAIR Programs approved by O.S.H.A. in place. If so
requested, the Contractor shall show evidence of these programs.
18. COST OF CHANGES. In all contracts where equipment is furnished, due to lack of standardization of
equipment as produced by the various manufacturers, it may become necessary to make minor
modifications in the structures, buildings, piping, mechanical work, electrical work, accessories,
controls, etc., to accommodate the particular equipment use. The Contract price shall include the cost of
making all of the aforementioned necessary changes as well as the cost of preparing detailed drawings
showing such changes subject to the approval of the Engineer.
19. SUBCONTRACTING. The Contractor may subcontract portions of the work; however, if the
subcontract exceeds $500.00, the Contractor must name such intended subcontractor and amount of
subcontract on a sheet to be attached to and included with the Proposal. The Contractor shall not
subcontract more than fifty percent (50%) of the value of the work.
20. PROJECT RECORDS. The payroll records and all other project records of the Contractor and each
subcontractor shall be maintained during the course of the work and retained for a period of 3 years after
completion and acceptance of the work. These records shall be made available during the 3-year period
to authorized representatives of the local, county, state and Federal governments.
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SUPPLEMENTARY CONDITIONS
TO THE
GENERAL CONDITIONS
The Standard General Conditions of the Construction Contract, EJCDC Document 1910-8 (1996
Edition), Articles 1 through 17 are hereby incorporated as the General Conditions of this Contract.
The articles contained in these following Supplementary Conditions may modify, delete or add to the
provisions of the General Conditions and shall take precedence over the General Conditions. Where a
portion of the General Conditions is modified or voided by these articles, the unaltered portion shall
remain in effect.
SCOPE OF PROJECT
This Contract shall consist of the furnishing of all labor, equipment and all else necessary to
' complete the project in accordance with the plans and specifications. The work shall include, but
not be limited to: utility and street construction together with all appurtenant items in the
proposed Towne Lakes.
SC-1 DEFINITIONS AND GENERAL TERMINOLOGY
SC-1.01 Defined Terms:
The terms used in these Supplementary Conditions or in the other Contract Documents and
Sections, have the meanings assigned to them in the General Conditions except as modified as
follows:
' 19. ENGINEER -The ENGINEER on this project shall be Westwood Professional
Services, Inc., 7599 Anagram Drive, Eden Prairie, MN 55344. Contact: Fran Hagen, II,
P.E. (952) 937-5150
30. OWNER -The OWNER of this project will be Contractor Property Developers
Company. Contact: Dave Hempel
42. Subcontractor - An individual, firm or corporation having a direct contract with
' CONTRACTOR or with any other subcontractor for performance of a part of the work
whether at or away from the site.
Whenever used in these Supplementary Conditions or in the other Contract Documents and
Sections, the following additional terms have the meanings indicated which are applicable to
both the singular and plural thereof.•
51. Access Road -That roadway used for egress and ingress to the construction site.
SC - 1
r 52. Bidder - An individual, firm or corporation who submits a bid for the work to be
performed.
i 53. Easement -Aright acquired to use or control property for a designated purpose.
54. Item - A unit of work for which a price is provided in the Agreement.
55. Right-of--way -The whole area which is secured and reserved for street purposes,
highway purposes, or through which the improvement is located.
56. Special Provisions -Additions and revisions to the standard and supplemental
specifications covering conditions peculiar to the project. These may also be termed
General Requirements.
57. Standard Drawings -Drawings which show standard construction details which have
been prepared and/or approved by the ENGINEER and are usually bound with the
specifications.
58. Successful Bidder -The lowest qualified responsible bidder to whom OWNER
makes an award on a project.
SC-3 CONTRACT DOCUMENTS: INTENT AMENDING REUSE
SC-3.01 Intent.•.
' Add the following to section 3.01 in THE STANDARD GENERAL CONDITIONS OF THE
CONTRACT.
' In resolving inconsistencies among two or more sections of the Contract Documents,
precedence shall be given in the following order:
' 1. Contract
2. Addenda
3. Proposal
4. Special Provisions
5. Supplementary Conditions
' 6. General Conditions of Contract
7. Standard Specifications
8. Plans or Drawings
SC-4 AVAILABILITY OF LANDS• SUBSURFACE AND PHYSICAL CONDITIONS•
REFERENCE POINTS
' SC-4.05 Reference Points:
' Replace section 4.OS.A in THE STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT with the following:
' SC-2
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ENGINEER will provide engineering surveys for construction including alignment,
grade and other necessary points as noted in the standard specifications with proper
notes thereon, accompanied when necessary by detailed instructions. The
CONTRACTOR will be responsible for the preservation of all survey stakes and marks,
and if, in the opinion of the ENGINEER, any of the survey stakes or marks have been
carelessly or willfully destroyed or disturbed by the CONTRACTOR, the cost to the
OWNER for replacing them shall be deducted from the payments due to the
CONTRACTOR for the Work. CONTRACTOR shall provide ENGINEER
sufficient notice of need for construction stakes to allow ENGINEER 48 hours for
scheduling surveys and sufficient time to accomplish survey. CONTRACTOR shall
provide a clear line of site for staking as required and shall immediately notify the
ENGINEER if any points or stakes set are not true to line or grade or if the staking
appears to deviate from the plan.
SC-5 BONDS AND INSURANCE
SC-5.01 Performance, Payment, and Other Bonds:
Add the following to section S.OLA in THE STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT as follows:
Bond forms used shall meet statutory requirements. The Contractor will be required to provide a
maintenance bond and lien waivers as required by the City at the time of final acceptance of the
project. Final payment will not be made until this bond is secured.
SC-5.04 CONTRACTOR'S Liability Insurance.•
The limits of liability for the insurance required by paragraph 5.04 of THE STANDARD
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT shall provide coverage for
not less than the following amount or greater where required by Law and Regulations:
Worker's compensation, etc. under paragraphs 5.04.A.1 and 5.04.A.2. in THE
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT:
1. State: Statutory
2. Applicable Federal (e.g. Longshoreman's): Statutory
3. Employer's Liability: $1,000,000 Per Accident
CONTRACTOR'S Liability Insurance under paragraphs 5.04.A.3 through 5.04.A.5 in
THE STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT 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:
1. General Aggregate (Except Products -Completed Operations) $1,000,000
SC-3
2. Products -Completed Operations Aggregate $1,000,000
3. Personal and Advertising Injury (Per Person/Organization) $1,000,000
4. Each Occurrence (Bodily Injury and Property Damage) $1,000,000
5. Property Damage liability insurance will provide Explosion,
Collapse and Underground coverages where applicable.
6. Excess Liability
General Aggregate $1,000,000
Each Occurrence $1,000,000
Automobile Liability under paragraph 5.04.A.6
1. Bodily Injury:
$1,000,000 Each Person
$1,000,000 Each Accident
Property Damage:
$1,000,000 Each Accident
or
2. Combined Single Limit (Bodily Injury and Property Damage):
$1,000,000 Each Accident
Add the following to section 5.04.E of THE STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT.
CONTRACTOR shall include as additional insured the City, the owner as
defined in section SC-1.O1.A.30, their officers and employees, Westwood
Professional Services, Inc., and their officers and employees.
The Contractual Liability required by paragraph S.O.B.4 of THE STANDARD
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
shall provide coverage for not less than the following amounts:
1. General Aggregate $1,000,000
2. Each Occurrence (Bodily Injury and Property Damage} $1,000,000
Umbrella Policy to cover excess liability, Employer's liability,
comprehensive general and automobile liability and contractors
liability combined: $4,000,000
If statutory limit in any case is higher than that specified, then the statutory limit shall be adhered to.
SC-6 CONTRACTOR'S RESPONSIBILITIES
SC-4
' SC-6.10 Taxes
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Replace section 6.IO.A in THE STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT with the following:
CONTRACTOR shall pay all sales, consumer, use and other similar taxes, contributions
for unemployment insurance, workman's compensation insurance, old age
retirement benefits, life pensions and annuities required to be paid by him in
accordance with the law of the place of the Project.
SC-9 ENGINEER'S STATUS DURING CONSTRUCTION
SC-9.03 Project Representative
Add the following to section 9.03.A in THE STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT.•
Resident Project Representative (RPR) is ENGINEER's Agent, will act as directed by
and under the supervision of ENGINEER, and will confer with ENGINEER regarding
his actions. Resident Project Representative's dealings in matters pertaining to the on-
site Work shall in general be only with ENGINEER and CONTRACTOR, and dealings
with subcontractors shall only be through or with the full knowledge of CONTRACTOR.
Written communication with OWNER will be only through or as directed by
ENGINEER. RPR duties and responsibilities will be as follows:
Review progress and shop-drawing submittal schedules, and schedule of values
prepared by the CONTRACTOR. The RPR should consult with the ENGINEER
' about acceptability of the work.
Attend conferences and meetings with the CONTRACTOR and prepare and
circulate minutes.
Serve as the ENGINEER'S liaison with the CONTRACTOR and report to the
ENGINEER concerning the adherence to the progress schedule.
Log shop drawings and samples. The shop-drawing schedule should indicate
' any work requiring a shop drawing or sample. The RPR should log
interpretations and clarifications as well as substitute proposals and field orders.
Review work performed, disapprove defective work, and verify that tests and
start-up procedures, as required by the contract documents, are accomplished.
Accompany the OWNER'S personnel and inspectors, or representatives of
agencies having jurisdictional interest, during site visits.
' Receive requests for information from the CONTRACTOR and transmit the
ENGINEER'S interpretations of the contract documents back to the
CONTRACTOR.
SC-5
C
Consider and evaluate the CONTRACTOR'S suggested modifications to the
contract drawings or specifications and report to the ENGINEER.
Maintain at the site orderly files of all job records. Keep a diary or log book of
weather conditions with names, addresses and telephone numbers of all
CONTRACTORS, subcontractors, and major suppliers.
Measure and record quantities of Work completed in accordance with the Units
and Method of Measurement specified in the Contract Documents, or contractor
breakdown in the case of lump sum bids.
t Submit to the ENGINEER periodic progress reports, and advice concerning
major inspections and tests, draft change orders, field orders, and work directive
changes.
Report immediately to ENGINEER upon the occurrence of any accident.
Review payment requests with the CONTRACTOR before sending them to the
ENGINEER.
Submit to the CONTRACTOR before a certificate of substantial completion is
issued, a list of items that remain to be completed or corrected, and conduct a
final inspection with the ENGINEER, OWNER AND CONTRACTOR. Verify
that all items on the final list have been completed or corrected.
Determine if certificates, operating and maintenance manuals, and other required
data have been assembled by the CONTRACTOR and forwarded to the
' ENGINEER.
In coordination with the ENGINEER, prepare record plans and specifications as
' required.
The RPR operates under a number of limitations of authority. The RPR has no power or
right to:
1. Authorize any deviation from the contract documents or substitutions of
materials and equipment, except as specifically authorized by the
OWNER.
2. Exceed the limitations of the ENGINEER'S authority outlined in the
contract documents and the service agreement.
3. Assume any of the responsibilities of the CONTRACTOR,
' subcontractors, or their superintendents.
4. Advise on or issue instructions concerning the CONTRACTOR'S
techniques, sequences, or other procedures or construction unless
specifically required by the contract documents.
n
SC-6
5. Advise, issue directions concerning, or take control over safety
precautions and programs.
6. Accept shop drawings or samples from anyone other than the
CONTRACTOR.
7. Authorize the OWNER to occupy the project in whole or in part, except
as specified in the construction contract.
' 8. Participate in specialized field or laboratory tests or inspections
conducted by others, unless specifically authorized by the ENGINEER.
SC-10 CHANGES IN THE WORK• CLAIMS
SC-10.05 Claims and Disputes
Amend the first sentence of section IO.OS.A in THE STANDARD GENERAL CONDITIONS OF
THE CONSTRUCTION CONTRACT to read as follows:
1
'.l
r
Notice: Written notice stating the general mature of each claim, dispute, or other matter
shall be delivered by the claimant to ENGINEER and the other party to the Contract
promptly (but in no such event later than 10 days) after the start of the event giving rise
thereto.
SC-12 CHANGE OF CONTRACT PRICE: CHANGE OF CONTRACT TIMES
SC-12.01 Change of Contract Price
Replace sections 12.OLB.1, 12.O1.B.2, and 12.O1.B.3 in THE STANDARD GENERAL
CONDITIONS OF THE CONSTRUCTION CONTRACT with the following:
Where the Work involved is covered by unit prices contained in the
Contract Documents, by application of unit prices bid to the actual
quantities of the items involved. No adjustment in unit price bid will be
made for any increase or decrease in actual quantities of work from the
estimated quantity contained in the Contract Documents.
2. Where the Work involved is not covered by unit prices in the Contract
Documents, by mutual acceptance of a lump sum or by application of
the provisions of paragraphs 11.01 and 12.O1.C of the General
Conditions.
SC-13 TESTS AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
SC-13.06 Correction or Removal of Defective Work
SC-7
II~~
v
Add the following to section 13.06.A in THE STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRAC7:-
Costs shall include all direct and indirect cost to correct the work including
compensation for additional professional services.
SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION
SC-14.02
Replace section 14.02.A.1 in_THE STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT with the following:
Estimates of work completed will be prepared by the ENGINEER on or about the 30th
day of each month for all work completed to the 25th day of that month, less 5% to be
retained until final completion and acceptance of the work and less previous payments.
Progress estimates will be prepared by the ENGINEER as accurately as the available
information will permit but the only estimate that is binding is the final estimate.
Copies of progress estimates will be furnished to the CONTRACTOR on or about the
30th day of each month for his review and approval. Progress estimates approved by the
contractor shall be counter-signed by the ENGINEER and forwarded to the OWNER for
payment.
The CONTRACTOR will be required to keep accurate records of said construction, but
will not be required to apply said quantities for payment until final payment has been
requested. Estimates prepared by the ENGINEER that vary considerably from what the
CONTRACTOR claims shall be brought to the attention of the ENGINEER in writing
prior to the next pay period.
Payment will be made within 30 days of receipt of the estimate by the OWNER except as
otherwise agreed between the CONTRACTOR and OWNER.
The OWNER may withhold payment in whole or in part on an approved estimate to the
extent necessary to protect himself from loss on account of any of the following causes
discovered subsequent to approval of the estimate by the ENGINEER, as follows:
!~
i
1. Defective work not remedied.
2. Claims for labor or materials furnished the CONTRACTOR or
Subcontractor, or reasonable evidence indicating probable filing of such
claims.
3. Failure of CONTRACTOR to make payments properly to
Subcontractors or for work or labor.
4. Amounts necessary to insure that an overpayment on the total contract
amount will not occur.
5. Evidence of damage to another CONTRACTOR or private property.
SC-8
t
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 DOCUI-TENTS COitiibIITTEE
and
~~I Issued and Published Jointly By
~`® National Society of
Professions! Engineers .
AMERICAN CONSULTING Pro/essiona/EngineersinPrivatePract/ce AMERICAN SOCIETY OF
ENGINEERS COUNCIL CIVIL ENGINEERS
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
u
t
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
.i~ ~y .., .........
The Associated General ~ c`~ Contractors of America
~~~
1
Construction Specifications Institute
a Ca+amcxw
TKNgbyr
These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-1 or 1910-
8-A-2) (1996 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 User's Guide (No. 1910-50). For guidance in the
preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17)
(1996 Edition).
EJCDC No. 1910-8 (1996 Edition)
TABLE OF CONTENTS
~~
ARTICLE 1 -DEFINITIONS AND TERMINOLOGY
1.01 :::::: : :::::: . . . . . .. .
Defined Terms 00700 - 6
1.02
Terminology .....
.............. 00700 - 6
..
...................
ARTICLE 2 -PRELIMINARY MATTERS 00700 - 8
2.01 ..........................
Delivery of Bonds ......................... 00700 - 9
00
00
2.02 ......................
Copies of Documents ..
7
- 9
2.03
Commencement of Contract Times; Notice to Proceed 00700 - 9
2.04
Starting the Work ........................
• . • .. • - • • - .. 00700 - 9
..00700 - 9
2.05 Before Staving Construction ... • •
2.06 .........................
Preconstruction Conference ..... 00700 _ 9
2.07
ARTICLE 3 ............
Initial Acceptance of Schedules ....................
. . . . . . . . . . . . . .
C 00700 - 10
. 0Q700 - 10
- ONTRACT DOCUMENTS: INTENT, AMENDING
REUSE
:::::
3.01 ,
..............
Intent .00700 - 10
3.02 .............................
Reference Standards 00700 - 10
3.03 ..................................
Reporting and Resolving Discrepancies .... .00700 - 10
3.04 ..............................
Amending and Supplementing Contract Documents .00700 - 11
3.05 ..........................
Reuse of Documents ..... .00700 - 11
ARTICLE 4 - ............. .......
AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
R . 00700 - 11
EFERENCE POINTS .
4.01 ........................
....
Availability of Lands 00700 - 11
•
4.02
4
03 .................................
Subsurface and Physical Conditions .....
, , , . 00700 - 11
00700
12
. Differing Subsurface or Physical Conditions =
4.04 . • • . • • ....... - • • . - • ... • • • . • .
Underground Facilities ....
. • • 00700 12
4.05 ....................
Reference Points 00700 - 13
4.06 .................................
Hazardous Environmental Condition at Site 00700 - 13
00700
14
ARTICLE 5 - ................
BONDS AND INSURANCE -
5.01
......
....... ..............................
Performance, Payment
and Other Bonds 00700 - 15
5.02 ,
........ ...
Licensed Sureties and Insurers ........................................ 00700 - 15
00700 - 15
5.03 Certificates of Insurance ...
5.04 ........... .........
.....................
CONTRACTOR'S Liability Insurance 00700 - 15
5.05
5
06 ....................................
OWNER'sLiabilirylnsurance
_ •_._....•,,, 00700 - 15
00700_16
. ••
Property Insurance
5.07 .•.••-•••.••••..•.•••.••
...............
Waiver of Rights 00700 - 16
5.08 ..............................
Receipt and Application of Insurance Proceeds 00700 - 17
5.09 ...........
Acceptance of Bonds and Insurance; Option to Replace ...... 00700 - 18
00700
18
5.10 ............. . . . • ,
Partial Utilization, Acknowledgment of Property Insurer -
........................
ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 00700 - 18
6.01 ...................................
Supervision and Superintendence ....................................... 00700 - 18
00700 - 18
6.02 Labor,• Working Hours .......
6.03 ...................
Services, Materials, and Equipment ... 00700 - 19
6.04
6 ............
Progress Schedule ......
..............
" 00700 - 19
00700 - 19
.05 Substitutes and
Or-Equals"
.........
6.06 ...................
.
Concerning Subcontractors, Suppliers
and Others 00700 - 19
6.07
6
08 ,
.......
Patent Fees and Royalties
P
it 00700. - 20
00700_21
.
6.09 .•....•....••-••...-•.-•...••.-•.•..•. •.••••
erm
s
Laws and Regulations ....... 00700 - 21
6.10 ...................
.................
Taxes 00700 - 22
6.11 .........................
Use of Site and Other Areas .......................................... 00700 - 22
00700 - 22
6.12 Record Documents
6.13 ..........................
Safety and Protection
...................... 00700 - 22
6.14
6 ......................
Safety Representative ........
.................. 00700 - 23
00700 - 23
.15 Hazard Communication Programs
....................
, , .. 00700 - 23
00700 - 3
6.16 Emergencies .................................................... 00700 - 23
6.17 Shop Drawings and Samples .......................................... 00700 - 23
6.18 Continuing the Work ............................................... 00700 - 24
6.19 CONTRACTOR'S General Warranty and Guarantee ........................... 00700 - 25
6.20 Indemnification .................................................. 00700 - 25
ARTICLE?-OTHER WORK ................................................... 00700-26
7.01 Related Work at Site ............................................... 00700 - 26
..........
7.02 Coordination .........................................
ARTICLE 8 -OWNER'S RESPONSIBILITIES ........................................ 00700 - 26
00700 - 26
8.01 Communications to Contractor ........................................ 00700 - 26
8.02 Replacement of ENGINEER .......................................... 00700 - 26
8.03 Furnish Data ................ 00700 - 26
8.04 Pay Promptly When Due ............................................ 00700 - 26
8.05 Lands and Easements; Reports and Tests .................................. 00700 - 26
8.06
8.07 Insurance .............
Change Orders .................................................. 00700 - 27
00700 - 27
8.08 Inspections, Tests, and Approvals ...................................... 00700 - 27
8.09 Limitations on OWNER'S Responsibilities ................................. 00700 - 27
8.10 Undisclosed Hazardous Environmental Condition ............................ 00700 - 27
8.11 Evidence of Financial Arrangements ..................................... 00700 - 27
ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION ........................... 00700 - 27
9.01 OWNER'S Representative ........................................... 00700 - 27
9.02 Visits to Site .................................................... 00700 - 27
9.03 Project Representative ........................................:.... 00700 - 27
9.04
9.05 Clarifications and Interpretations ......................................
Authorized Variations in Work ........................................ 00700 - 28
00700 - 28
9.06 Rejecting Defective Work ............................................ 00700 - 28
9.07 Shop Drawings, Change Orders and Payments .............................. 00700 - 28
9.08 Determinations for Unit Price Work ..................................... 00700 - 28
9.09 Decisions on Requirements of Contract Documents and Acceptability of Work .......... 00700 - 28
9.10 Limitations on ENGINEER'S Authority and Responsibilities ...................... 00700 - 28
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ................................... 00700 - 29
10.01 Authorized Changes in the Work .................................... . .. 00700 - 29
10.02 Unauthorized Changes in the Work ..................................... 00700 - 29
10.03
10.04 Execution of Change Orders ..........................................
Notification to Surety .............................................. 00700 - 29
00700 - 29
10.05 Claims and Disputes ............................................... 00700 - 30
ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES;. UNIT PRICE WORK .............. 00700 - 30
11.01 Cost of the Work ................................................. 00700 - 30
11.02 Cash Allowances ................................................. 00700 - 32
11.03 Unit Price Work ................................................. 00700 - 32
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ............. 00700 - 33
12.01 Change of Contract Price ........................................... 00700 - 33
12.02 Change of Contract Times ........................................... 00700 - 33
12.03
12.04 Delays Beyond CONTRACTOR'S Control .................................
Delays Within CONTRACTOR'S Control .................................. 00700 - 33
00700 - 34
12.05 Delays Beyond OWNER'S and CONTRACTOR'S Control ........................ 00700 - 34
12.06
ARTICLE 13 - Delay Damages ..................................................
TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF 00700 - 34
DEFECTIVE WORK ............................................... 00700-34
13.01 Notice of Defects ................................................ 00700 - 34
13.02 Access to Work ......................... ...... 00700 - 34
13.03 Tests and Inspections .............................................. 00700 - 34
13.04 Uncovering Work ................................................. 00700 - 35
13.05
13
06 OWNER May Stop the Work . ..................................
Correction or Removal of Defective Work 00700 - 35
00700
35
. ................................. -
00700 - 4
i
13.07
13.08 Correction Period ................................................
Acceptance of Defective Work 00700 = 35
00700 36
13.09 OWNER May Correct Defective Work .................................... 00700 - 36
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ........................ 00700 - 36
14.01 Schedule of Values. 00700-36
14.02 .•.••....•.••.•.••...••.....-..•.•.•.......••.,
Progress Payments . 00700 - 37
14.03 CONTRACTOR's Warranty of Title ..................................... 00700 - 38
14.04
14.05 Substantial Completion ..............................................
Partial Utilization 00700 - 38
00700 - 39
14.06 Final Inspection ................................................. 00700 - 39
14.07
14.08 Final Payment ..................................................
Final Completion Delayed ........................................... 00700 - 39
00700 - 40
14.09 Waiver of Claims ................................................. 00700 - 40
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................ 00700 - 40
15.01 OWNER May Suspend Work ..... 00700 - 40
I 15.02 OWNER May Terminate for Cause .
..................................... 00700 - 40
15.03 OWNER May Terminate For Convenience ................................. 00700 - 41
15.04
ARTICLE 16 - CONTRACTOR May Stop Work or Terminate :::::::::::::::::::::::::::::::
DISPUTE RESOLUTION 00700 - 41
00700 - 41
16.01 Methods and Procedures ............................................ 00700 - 41
ARTICLE 17 -
17.01 MISCELLANEOUS ................................................
Giving Notice .....
................................. 00700 - 42
00700 - 42
17.02 .............
Computation of Times ................................. 00700 - 42
17.03 Cumulative Remedies .............................................. 00700 - 42
17.04 Survival of Obligations•••.•.••.•..••.•..••••.•.••••.••.....-...•••.•00700-42
17.05 Controlling Law 00700 - 42
1
00700 - 5
GENERAL CONDITIONS
ARTICLE 1 -DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Contract Documents and
printed with initial or all capital letters, the terms listed
below will have the meanings indicated which are applicable
to both the singular and plural thereof.
1. Addenda--Written or graphic instrumenu issued
prior to the opening of Bids which clarify, correct, or
change the Bidding Requirements or the Contract
Documents.
2. Agreement--The written instrument which is
evidence of the agreement between OWNER and
CONTRACTOR covering the Work.
3. Application for Payment--The form acceptable to
ENGINEER which is to be used by CONTRACTOR
during the course of the Work in requesting progress or
fmal payments and which is to be accompanied by such
supporting documentation as is required by the Contract
Documents.
4. Asbestos--Any material that contains more than
one percent asbestos and is friable or is releasing asbestos
fibers into the air above current action levels established
by the United States Occupational Safety and Health
Administration.
5. Bid--The offer or proposal of a bidder submitted
on the prescribed form setting forth the prices for the
Work to be performed.
6. Bidding Documents--The Bidding Requirements
and the proposed Contract Documents (including all
Addenda issued prior to receipt of Bids).
7. Bidding Requirements--The Advertisement or
Invitation to Bid, Instructions to Bidders, Bid security
form, if any, and the Bid form with any supplements.
8. Bonds--Performance and payment bonds and
other instruments of security.
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
00700 - 6
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 agreemenu, whether
written or oral.
12. Contract Documents--The Contract Documents
establish the rights and obligations of the parties and
include the Agreement, Addenda (which pertain to the
Contract Documents), CONTRACTOR'S Bid (including
documentation accompanying the Bid and any post Bid
documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement, the Notice
to Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the
Drawings as the same are more specifically identified in
the Agreement, together with all Written Amendments,
Change Orders, Work Change Directives, Field Orders,
and ENGINEER'S written interpretations and
clarifications issued on or after the Effective Date of the
Agreement. Approved Shop Drawings and the reports
and drawings of subsurface and physical conditions are
not Contract Documents. Only printed or hard copies of
the items listed in this paragraph are Contract Documenu.
Files in electronic media format of text, data, graphics,
and the like that may be furnished by OWNER to
CONTRACTOR are not Contract Documenu.
13. Contract Price--The moneys payable by OWNER
to CONTRACTOR for completion of the Work in
accordance with the Contract Documenu 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 Substantial
Completion; and (ii) complete the Work so that it is ready
for final payment as evidenced by ENGINEER'S written
recommendation of final payment.
15. CONTRACTOR--The individual or entity with
whom OWNER has entered into the Agreement.
t
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.
27. 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.
28. Notice of Atiti~ard--The written notice by OWNER
to the apparent successful bidder stating that upon timely
compliance by the apparent successful bidder with the
conditions precedent listed therein, OWNER will sign and
deliver the Agreement.
29. Notice to Proceed--A written notice given by
OWNER to CONTRACTOR fixing the date on which the
Contract Times will commence to run and on which
CONTRACTOR shall start to perform the Work under
the Contract Documents.
J
i~
19. ENGINEER--The individual or entity named as
such in the Agreement.
20. ENGINEER's Consultant--An individual or entity
having a contract with ENGINEER to furnish services as
ENGINEER'S independent professional associate or
consultant with respect to the Project and who is
identified as such in the Supplementary Conditions.
21. Field Order--A written order issued by ENGI-
NEER which requires minor changes in the Work but
which does not involve a change in the Contract Price or
the Contract Times.
22. General Requirements--Sections of Division 1 of
the Specifications. The General Requirements pertain to
all sections of the Specifications.
23. 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.
24. 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.
25. LmvS and Regulations; Lmvs or Regulations--Any
and alI applicable laws, rules, regulations, ordinances,
codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction.
26. Liens--Charges, security interests, or
encumbrances upon Project funds, real property, or
personal property.
00700 - 7
30. OWNER--The individual, entity, public body, or
authority with whom CONTRACTOR has entered into
the Agreement and for whom the Work is to be
performed.
31. Partial Utilization--Use by OWNER of a substan-
tially completed part of the Work for the purpose for
which it is intended (or a related purpose) prior to
Substantial Completion of all the Work.
32. PCBs--Polychlorinated biphenyls.
33. 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.
34. Project--The total construction of which the
Work to be performed under the Contract Documents
may be the whole, or a part as may be indicated
elsewhere in the Contract Documents.
35. 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.
36. Radioactive Material--Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act
of 1954 (42 USC Section 2011 et seq.) as amended from
time to time.
37. Resident Project Representative--The authorized
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.
steam, liquid petroleum products, telephone or other
communications, cable television, water, wastewater,
storm water, other liquids or chemicals, or traffic or
other control systems.
39. Shop Drawings--All drawings, diagrams, illustra-
tions, schedules, and other data or information which aze
specifically prepazed or assembled by or for CON-
TRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
40. 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.
41. Specifications--That part of the Contract
Documents consisting of written technical descriptions of
materials, equipment, systems, standards, and
workmanship as applied to the Work and certain
administrative details applicable thereto.
42. 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.
43. 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.
44. Supplementary Conditions--That part of the
Contract Documents which amends or supplements these
General Conditions.
45. Supplier--A manufacturer, fabricator, supplier,
distributor, materialman, or vendor having a direct
contract with CONTRACTOR or with any Subcontractor
to furnish materials or equipment to be incorporated in
the Work by CONTRACTOR or any Subcontractor.
46. Underground Facilities--AlI 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,
00700 - 8
47. Unit Price Work--Work to be paid for on the
basis of unit prices.
48. Work--The entire completed 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 b}' the Contract Documents.
49. 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.
50. Written Amendment--A written statement
modifying the Contract Documents, signed by OWNER
and CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonengineering
or nontechnical rather than strictly construction-related
aspects of the Contract Documents.
1.02 Terminology
A. Intent of Certain Terms or Adjectives
I. «'henever in the Contract Documents the terms
"as allowed," "as approved," or terms of like effect or
import are used, or 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 action or determination will be solely
to evaluate, in general, the completed 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
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use of any such term or adjective 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 9.10 or any other provision of the
Contract Documents.
B. Day
1. The word "day" shall constitute a calendar day
of 24 hours measured from midnight to the next midnight.
C. Defective
1. The word "defective," when modifying the word
"Work," refers to Work that is unsatisfactory, faulty-, or
deficient in that it does not conform to the Contract
Documents or does not meet the requirements of any
inspection, reference standard, test, or approval refereed
to in the Contract Documents, or has been damaged prior
to ENGINEER'S recommendation of fmal payment
(unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion in accor-
dance with paragraph 14.04 or 14.05).
D. Furnish, Install, Perform, Provide
1. The word "furnish," when used in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use
or installation and in usable or operable condition.
2. The word "install," when used in connection
with services, materials, or equipment, shall mean to put
into use or place in final position said services, materials,
or equipment complete and ready for intended use.
3. The words "perform" or "provide," when used
in connection with services, materials, or equipment,
shall mean to furnish and install said services, materials,
or equipment complete and ready for intended use.
4. When "furnish," "install," "perform," or "pro-
vide" is not used in connection with services, materials,
or equipment in a context clearly requiring an obligation
of CONTRACTOR, "provide" is implied.
E. Unless stated otherwise in the Contract Documents,
words or phrases which have awell-known technical or
construction industry or trade meaning are used in the
Contract Documents in accordance with such recognized
meantng.
ARTICLE 2 -PRELIMINARY MATTERS
2.01 Delivery of Bonds
A. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also deliver
to OWNER such Bonds as CONTRACTOR may be required
to furnish.
2.02 Copies of Documents
A. OWNER shall furnish to CONTRACTOR up to ten
copies of the Contract Documents. 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 commence
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. CONTRACTOR'S Review of Contract Documents:
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; however, CONTRACTOR shall not
be liable to OWNER or ENGINEER for failure to report any
conflict, error, ambiguity, or discrepancy in the Contract
Documents unless CONTRACTOR knew or reasonably
should have known thereof.
B. Preliminary Schedules: Within ten days after the
Effective Date of the Agreement (unless otherwise specified
00700 - 9
in the General Requirements), CONTRACTOR shall submit
to ENGINEER for its 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;
I. The progress schedule will be acceptable to
ENGINEER if it provides an orderly progression of the
Work to completion within any specified Milestones and
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. a preliminary schedule of Shop Drawing and
Sample submittals which will list each required submittal
and the times for submitting, reviewing, and processing
such submittal; 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.
C. 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.
2.06 Preconstruction Conference
A. Within 20 days after the Contract Times start to run,
but before any Work at the Site is started, a conference
attended by 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.B, procedures for handling
Shop Drawings and other submittals, processing Applications
for Payment, and maintaining required records.
2.07 Initial Acceptance of Schedules
A. Unless otherwise provided in the Contract Docu-
ments, at least ten days before submission of the first
Application for Payment a conference attended by CON-
TRACTOR, 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.B. CONTRACTOR shall have an additional ten 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.
2. CONTRACTOR'S schedule of Shop Drawing and
Sample 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 called for by one is as binding as if called for by alt.
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 Documents.
Any labor, documentation, services, materials, or equipment
that may reasonably be inferred from the Contract Docu-
ments 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),
00700 - 10
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except as may be otherwise specifically stated in the 3.04
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, nor shall
any such provision or instruction be effective to assign to
OWNER, ENGINEER, or any of ENGINEER'S
Consultants, agents, or employees any duty or authority
to supervise or direct the performance of the Work or any
duty or authority to undertake responsibility inconsistent
with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1. 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 report
it to ENGINEER in writing at once. 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; provided, however, that CONTRACTOR
shall not be liable to OWNER or ENGINEER for failure
to report any such conflict, error, ambiguity, or dis-
crepancy 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 specifi-
cally incorporated by reference in the Contract
Documents); or
b. the provisions of any Laws or Regulations
applicable to the performance of the Work (unless
such an interpretation of the provisions of the
' Contract Documents would result in violation of such
Law or Regulation).
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 in one or more of the
following ways: (i) a Written Amendment; (ii) a Change
Order; or (iii) 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: (i) a Field Order; (ii) ENGINEER'S approval of a
Shop Drawing or Sample; or (iii) ENGINEER'S written
interpretation or clarification.
3.05 Reuse of Documents
A. CONTRACTOR and any Subcontractor or Supplier
or other individual or entity performing or furnishing any of
the Work under a direct or indirect contract with OWNER:
(i) shall not 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 Consultant, including
electronic media editions; and (ii) shall not 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. This
prohibition will survive final payment, completion, and
acceptance of the Work, or termination or completion of the
Contract. Nothing herein shall preclude CONTRACTOR
from retaining copies of the Contract Documents for record
purposes.
ARTICLE 4 -AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
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, CONTRACTOR may make a Claim
therefor as provided in paragraph 10.05.
00700 - 11
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.
4.03 Differing Subsurface or Physical Conditions
li
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.
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 Docu-
ments; 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, ENGINEER, or any of
ENGINEER'S Consultants 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 [hereto; 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.
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 connection
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, perfor-
mance 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 9.08
and 11.03.
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00700 - 12
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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
fmal commitment to OWNER in respect of 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, exploration,
test, or study of the Site and contiguous areas
required by the Bidding Requirements or Contract
Documents to be conducted by or for CON-
TRACTOR prior to CONTRACTOR'S making such
final commitment; or
c. CONTRACTOR failed to give the written
notice within the time and 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,
ENGINEER, and ENGINEER'S Consultants 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 Supplementary Conditions:
I. 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 foil
responsibility for:
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 Underground 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 of 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 CON-
a. reviewing and checking all such information TRACTOR to proceed with the Work. CONTRACTOR
and data, shall be responsible for laying out the Work, shall protect and
preserve the established reference points and property
00700 - 13
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.
Environmental Condition, CONTRACTOR shall immedi-
ately: (i) secure or otherwise isolate such condition; (ii) stop
all Work in connection with such condition and in any area
affected thereby (except in an emergency as required by
paragraph 6.16); 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.
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 Hazazdous 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, ENGINEER or any of
ENGINEER's Consultants 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.
C. CONTRACTOR shall not be responsible for any
Hazardous Environmental Condition uncovered or revealed
at the Site which was not shown or indicated in Drawings or
Specifications or identified in the Contract Documents to be
within the scope of the Work. CONTRACTOR shall be
responsible for a Hazardous Environmental Condition created
with any materials brought to the Site by CONTRACTOR,
Subcontractors, Suppliers, or anyone else for whom CON-
TRACTOR is responsible.
D. If CONTRACTOR encounters a Hazardous
Environmental Condition or if CONTRACTOR or anyone for
whom CONTRACTOR is responsible creates a Hazardous
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
area is or has been rendered safe for the resumption of Work;
or (ii) specifying any special conditions under which such
Work may be resumed safely. If OWNER and
CONTRACTOR cannot agree as to entitlement to or on the
amount or extent, if any, of any adjustment in Contract Price
or Contract Times, or both, as a result of such Work stop-
page or such special conditions under which Work is agreed
to be resumed by CONTRACTOR, either party may make a
Claim therefor as provided in paragraph 10.05.
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, ENGINEER,
ENGINEER'S Consultants and the officers, directors,
partners, employees, agents, other 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
00700 - 14
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in this pazagraph 4.06.E shall obligate OWNER to indemnify
any individual or entity from and against the consequences 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, ENGINEER, ENGINEER's Consultants,
and the officers, directors, partners, employees, agents, other
consultants, and subcontractors of each and any of them from
and against all claims, costs, losses, and damages (including
but not limited to ali 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 created by
CONTRACTOR or by anyone for whom CONTRACTOR is
responsible. Nothing in this paragraph 4.06.F shall obligate
CONTRACTOR to indemnify any individual or entity from
and against the consequences of that individual's or entity's
own negligence.
I. The provisions of paragraphs 4.02, 4.03, and 4.04
are not intended to apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 -BONDS AND INSURANCE
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 CONTRACTOR'S obligations under the
Contract Documents. These Bonds shall remain in effect at
least until one year after the date when final payment
becomes due, 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 Companies" 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 such agent's authority to act.
C. If the surety on any Bond furnished by CON-
TRACTOR 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 within 20 days
thereafter substitute 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 may be 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 Supple-
mentary 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. OWNER shall deliver to
CONTRACTOR, with copies to each additional insured
identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance requested by
CONTRACTOR or any other additional insured) which
OWNER is required to purchase and maintain.
5.04 CONTRACTOR'S Liability Insurance
A. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and as will provide protection from claims
set forth below which may arise out of or result from
CONTRACTOR'S performance of the Work and
CONTRACTOR'S other obligations under the Contract
Documents, whether it is to be performed by
CONTRACTOR, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to
perform any of the Work, or by anyone for whose acts any
of them may be liable:
1. claims under workers' compensation, disability
benefits, and other similar employee benefit acts;
2. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR'S employees;
3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR'S employees;
00700 - 15
4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained: (i) by any person as a result of an offense directly
or indirectly related to the employment of such person by
CONTRACTOR, or (ii) 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 so required by this
paragraph 5.04 to be purchased and maintained shall:
1. with respect to insurance required by paragraphs
5.04.A.3 through 5.04.A.6 inclusive, include as
additional insureds (subject to any customary exclusion in
respect of professional liability) OWNER, ENGINEER,
ENGINEER's Consultants, and any other individuals or
entities identified in the Supplementary Conditions, all of
whom shall be listed as additional insureds, and include
coverage for the respective officers, directors, partners,
employees, agents, and other 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;
correcting, removing, or replacing defective Work in
accordance with paragraph 13.07; and
7. with respect to completed operations insurance,
and any insurance coverage written on a claims-made
basis, remain in effect for at least two years after final
payment (and CONTRACTOR shall furnish OWNER and
each other additional insured identified in the Supple-
mentary Conditions, to whom a certificate of insurance
has been issued, evidence satisfactory to OWNER and
any such additional insured of continuation of such
insurance at final payment and one year thereafter).
5.05 OWNER's Liability 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.
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;
3. include completed operations insurance;
4. include contractual liability insurance covering
CONTRACTOR's indemnity obligations under para-
graphs 6.07, 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 thirty 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
00700 - I6
5.06 Property Insurance
A. Unless otherwise provided in the Supplementary
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, CONTRAC-
TOR, Subcontractors, ENGINEER, ENGINEER'S
Consultants, and any other individuals or entities identi-
fied in the Supplementary Conditions, and the officers,
directors, partners, employees, agents, and other
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 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, and such other perils or
causes of loss as may be specifically 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);
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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 final payment is
made unless otherwise agreed to in writing by OWNER,
CONTRACTOR, and ENGINEER with 30 days written
notice to each other additional insured to whom a certifi-
cate 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, ENGINEER,
ENGINEER'S Consultants, and any other individuals or
entities identified in the Supplementary Conditions, 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 certificates 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 accordance 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
deductible amounts that are identified in the Supplementary
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 or
Written Amendment. 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, ENGINEER,
ENGINEER'S Consultants, 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, and other 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 CONTRAC-
TOR waive all rights against each other and their respective
officers, directors, partners, employees, agents, and other
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 ocher property insurance applicable to the
Work; and, in addition, waive all such rights against
Subcontractors, ENGINEER, ENGINEER'S Consultants, and
all other individuals or entities identified in the Supplemen-
tary Conditions to be listed as insureds or additional insureds
(and the officers, directors, partners, employees, agents, and
other 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, ENGINEER, ENGINEER'S Consultants, and
the officers, directors, partners, employees, agents, and other
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
peril whether or not insured by OWNER; and
2. loss or damage to the completed Project or part
thereof caused by, arising out of, or resulting from fire or
other insured peril or cause of loss covered by any
property insurance maintained on the completed Project
or part thereof by OWNER during partial utilization
pursuant to paragraph 14.05, after Substantial Completion
00700 - 17
pursuant to paragraph 14.04, or after final payment
pursuant to paragraph 14.07.
C. Any insurance policy maintained by OWNER cover-
ing any loss, damage or consequential loss referred to in
pazagraph 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,
ENGINEER, or ENGINEER's Consultants and the officers,
directors, partners, employees, agents, and other consultants
and subcontractors of each and any of them.
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
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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 appeaz, subject to the requirements of
any applicable mortgage clause and of paragraph 5.08.B.
OWNER shall deposit in a sepazate account any money so
received and shall distribute it in accordance with such agree-
ment 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 or Written Amendment.
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 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.OS.C. 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
A. If OWNER fords it necessary to occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work as provided in pazagraph 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 endorse-
ment 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, but 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 Documenu. CONTRACTOR shall
be responsible to see that the completed Work complies
accurately with the Contract Documents.
B. At all times during the progress of the Work,
CONTRACTOR shall assign a competent resident superin-
tendent thereto 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.
00700 - 18
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6.02 Labor; Working Hours
A. CONTRACTOR shall provide competent, suitably
qualified personnel to survey, lay out, and construct the
Work as required by the Contract Documents. CON-
TRACTOR shall at all times maintain good discipline 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, and CONTRACTOR will not
permit overtime work or the performance of Work on
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 General Re-
quirements, 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 warranties and guarantees
specifically called for 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. 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 Docu-
ments.
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.
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 (or Milestones).
Such adjustments will conform generally to the progress
schedule then in effect and additionally will comply with
any provisions of the General Requirements applicable
thereto.
2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall
be submitted in accordance with the requirements of
Article 12. Such adjustments may only be made by a
Change Order or Written Amendment in accordance with
Article 12.
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 circum-
stances 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 EIv'GINEER'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: (i) it is at least equal in
quality, durability, appearance, strength, and design
characteristics; (ii) it will reliably perform at least
equally well the function imposed by the design
concept of the completed Project as a functioning
whole, and;
b. CONTRACTOR certifies that: (i) there is no
increase in cost to the OWNER; and (ii) it will
conform substantially, even with deviations, 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
00700 - 19
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 procedure 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 first 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 shall certify that the proposed substitute
item will perform adequately the functions and
achieve the results called for by the general design,
be similar in substance to that specified, and be suited
to the same use as that specified. The application
will state the extent, if any, to which the use of the
proposed substitute item will prejudice
CONTRACTOR's achievement of Substantial
Completion on time, whether or not use of the
proposed substitute item in the Work will require a
change in any of the Contract Documents (or in the
provisions of any other direct contract with OWNER
for work on the Project) to adapt the design to the
proposed substitute item and whether or not
incorporation or use of the proposed substitute item
in connection with the Work is subject to payment of
any license fee or royalty. All variations of the pro-
posed substitute item from that specified will be
identified in the application, and available
engineering, sales, maintenance, repair, and
replacement services will be indicated. The
application will also contain an itemized estimate of
all costs or credits that will. result directly or indi-
rectly from use of such substitute item, including
costs of redesign and claims of other contractors
affected by any resulting change, all of which will be
considered by ENGINEER in evaluating the proposed
substitute item. ENGINEER may require CON-
TRACTOR to furnish additional data about the pro-
posed substitute item.
required by the Contract Documents, CONTRACTOR may
furnish or utilize a substitute means, method, technique,
sequence, or procedure of construction approved by ENGI-
NEER. CONTRACTOR shall submit sufficient information
to allow ENGIti'EER, in ENGINEER's sole discretion, to
determine that the substitute proposed is equivalent to that
expressly called for by the Contract Documents. The proce-
dure for review by ENGINEER will be similar to that
provided in subparagraph 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 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 CON-
TRACTOR 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 time required by ENGINEER and ENGINEER'S
Consultants in evaluating substitute proposed or submitted by
CONTRACTOR pursuant to paragraphs 6.OS.A.2 and 6.OS.B
and in making changes in the Contract Documents (or in the
provisions of any other direct contract with OWNER for
work on the Project) occasioned thereby. Whether or not
ENGINEER approves a substitute item so proposed or
submitted by CONTRACTOR, CONTRACTOR shall
reimburse OWNER for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such 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 Subcontractor,
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.
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B. Subsritute Construction Methods or Procedures: If a
specific means, method, technique, sequence, or procedure
of construction is shown or indicated in and expressly
B. If the Supplementary Conditions require the identity
of certain Subcontractors, Suppliers, or other individuals or
00700 - 20
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entities to be submitted to OWNER in advance for acceptance
by OWNER by a specified date prior to the Effective Date of
the Agreement, and if CONTRACTOR has submitted a list
thereof in accordance with the Supplementary Conditions,
OWNER's acceptance (either in writing or by failing to make
written objection thereto by the date indicated for acceptance
or objection in the Bidding Documents or the Contract
Documents) of any such Subcontractor, Supplier, or other
individual or entity so identified may be revoked on the basis
of reasonable objection after due investigation. CON-
TRACTOR shall submit an acceptable replacement for the
rejected Subcontractor, Supplier, or other individual or
entity, and the Contract Price will be adjusted by the differ-
ence in the cost occasioned by such replacement, and an
appropriate Change Order will be issued or Written
Amendment signed. No acceptance by OWNER of any such
Subcontractor, Supplier, or other individual or entity,
whether initially or as a replacement, shall constitute a
waiver of any right of OWNER or ENGINEER to reject
defective Work.
C. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for ali 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 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 shall it create any
obligation on the part of OWNER or ENGINEER to pay or
to see to the payment of any moneys due any such Subcon-
tractor, Supplier, or other individual 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 performing
or furnishing any of the Work to communicate with ENGI-
NEER through CONTRACTOR.
F. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among Subcontractors
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 appropriate
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, ENGINEER, ENGINEER'S
Consultants, 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, and other 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, CONTRAC-
TOR 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. To the
fullest extent permitted by Laws and Regulations,
CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER'S Consultants, and the
officers, directors, partners, employees or agents, and other
consultants 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 [he
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 Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER. shall assist
CONTRACTOR, when necessary, in obtaining such permits
00700 - 21
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. CONTRACTOR shall pay all charges of utility
owners for connections to the Work, and OWNER shall pay
all charges of such utility owners for capital costs related
thereto, such as plant investment fees.
6.09 Laws and Regulations
A. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable 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 [he Effective Date of the
Agreement if there were no Bids) having an effect on the cost
or time of performance of the Work may 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.
6.10 Taxes
A. CONTRACTOR shall pay all sales, consumer, use,
and other similar taxes required to be paid by CONTRAC-
TOR 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
equipment, 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, ENGINEER, ENGINEER'S
Consultant, and the officers, directors, partners,
employees, agents, and other consultants 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 con-
form to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the
Work CONTRACTOR shall clean the Site and make it ready
for utilization by OWNER. At the completion 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 o€ 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, Written Amendments, Change Orders, Work
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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
ENGINEER for OWNER.
6.13 Safety and Protection
A. CONTRACTOR shall be solely responsible for
initiating, maintaining and supervising all safety precautions
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. 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 CON-
TRACTOR, 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 Drawings or Specifications or to the acts or
omissions of OWNER or ENGINEER or ENGINEER's Con-
sultant, 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). 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 pazagraph 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 coordinating
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 protection 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 to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
submittals. All submittals will be identified as ENGINEER
may require and in the number of copies specified in the
General Requirements. The data shown on the Shop
Drawings will be complete with respect to quantities, dimen-
sions, 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 Iimited
purposes required by paragraph 6.17.E.
B. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
00700 - 23
submittals. Each Sample will be identified clearly as to
material, Supplier, pertinent data such as catalog numbers,
and the use for which intended and otherwise as ENGINEER
may require to enable ENGINEER to review the submittal
for the limited purposes required by paragraph 6.17.E. The
numbers of each Sample to be submitted will be as specified
in the Specifications.
C. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sample submittals acceptable to ENGINEER as required by
paragraph 2.07, 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.
Drawing and Sample submitted to ENGINEER for review
and approval of each such variation.
E. ENGINEER'S Review
1. ENGINEER will timely review and approve
Shop Drawings and Samples in accordance with the
schedule of Shop Drawings and Sample submittals
acceptable to ENGINEER. ENGINEER'S review and
approval will be only to determine if the items covered by
the submittals will, afrer 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 Documents.
D. Submittal Procedures
1. Before submitting each Shop Drawing or Sample,
CONTRACTOR shall have determined and verified:
a. all field measurements, quantities, dimen-
sions, specified performance criteria, installation
requirements, materials, catalog numbers, and
similar information with respect thereto;
b. 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 means, methods,
techniques, sequences, and procedures of construc-
tion and safety precautions and programs incident
thereto; and
d. CONTRACTOR 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 Docu-
ments.
2. Each submittal shall bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR'S obligations under the Contract
Documents with respect to CONTRACTOR'S review and
approval of that submittal.
3. At the time of each submittal, CONTRACTOR
shall give ENGINEER specific written notice of such
variations, if any, that the Shop Drawing or Sample
submitted may have from the requirements of the
Contract Documents, such notice to be in a written com-
munication separate from the submittal; and, in addition,
shall cause a specific notation to be made on each Shop
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
construction 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 of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the require-
ments of the Contract Documents unless CONTRACTOR
has in writing called ENGINEER'S attention to each such
variation at the time of each submittal as required by
paragraph 6.17.D.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 approval; nor will any approval
by ENGINEER relieve CONTRACTOR .from
responsibility for complying with the requirements of
paragraph 6.17.D.1.
F. Resubmittal Procedures
1. CONTRACTOR shall make corrections required
by ENGINEER and shall return the required number of
corrected copies of Shop Drawings and submit as
required new Samples for review and approval. CON-
TRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by ENGI-
NEER 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
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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, ENGINEER, and ENGINEER'S Consultants that
all Work will be in accordance with the Contract Documents
and will not be defective. 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.
B. CONTRACTOR'S obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not in accordance
with the Contract Documents or a release of
CONTRACTOR'S obligation to perform the Work in
accordance with the Contract Documents:
1. observations by ENGINEER;
2. recommendation by ENGINEER or payment by
OWNER of any progress or final payment;
3. the issuance of a certificate of Substantial
Completion by ENGINEER or any payment related
thereto by OWNER;
4. use or occupancy of the Work or any part thereof
by OWNER;
so;
5. any acceptance by OWNER or any failure to do
6. any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of acceptabil-
ity by ENGINEER;
7. any inspection, test, or approval by others; or
8. any correction of defective Work by OWNER.
6.20 Indemnificarion
A. To the fullest extent permitted by Laws and Regula-
tions, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER'S Consultants, and the
officers, directors, partners, employees, agents, and other
consultanu and subcontractors of each and any of them from
00700 - 25
and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
azchitects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or
relating to the performance of the Work, provided that any
such claim, cost, loss, or damage:
1. is attributable to bodily injury, sickness, disease,
or death, or to injury to or destruction of tangible
property (other than the Work iuelf), including the loss of
use resulting therefrom; and
2. is caused in whole or in part by any negligent act
or omission of CONTRACTOR, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly
employed by any of them to perform any of the Work or
anyone for whose acts any of them may be liable,
regardless of whether or not caused in part by any
negligence or omission of an individual or entity indem-
nified hereunder or whether liability is imposed upon such
indemnified party by Laws and Regulations regardless of
the negligence of any such individual or entity.
B. In any and all claims against OWNER or ENGINEER
or any of their respective consultants, agents, officers,
directors, partners, or employees by any employee (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 Consultants or to the
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them
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.
ARTICLE 7 -OTHER WORK
7.01 Related Work at Site
A. OWNER may perform other work related to the
Project at the Site by OWNER's employees, or let 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 CON-
TRACTOR prior to starting any such other work; and
2. if OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract Times
that should be allowed as a result of such other work, a
Claim may be made therefor as provided in paragraph
10.05.
B. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility owner
(and OWNER, if OWNER is performing the other work with
OWNER's employees) proper and safe access to the Site and
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.
Unless otherwise provided in the Contract Documents, CON-
TRACTOR 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 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.
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 Conditions:
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 responsibilities '
will be provided.
B. Unless otherwise provided in the Supplementary ,
Conditions, OWNER shall have sole authority and respon-
sibility for such coordination.
ARTICLE 8 -OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General Condi-
tions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.02 Replacement of ENGINEER
A. In case of termination of the employment of ENGI-
NEER, 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.
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.
8.04 Pay Promptly When Due
A. OWNER shall make payments to CONTRACTOR
promptly 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 reporu of explorations
00700 - 26
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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 responsibilities 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 intervals
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 OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work.
B. ENGINEER'S visits and observations are subject to
all the limitations on ENGINEER'S authority and
responsibility set forth in paragraph 9.10, and particulazly,
but without limitation, during or as a result of ENGINEER'S
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control, or have
authority over or be responsible for CONTRACTOR'S
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the performance of the
Work.
9.03 Project Representative
A. If OWNER and ENGINEER agree, ENGINEER will
furnish a Resident Project Representative to assist
ENGINEER in providing more extensive observation of the
Work. The responsibilities and authority and limitations
thereon of an}' such Resident Project Representative and
assistants will be as provided in paragraph 9.10 and in the
Supplementary Conditions. If OWNER designates another
00700 - 27
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 pur-
chasing and maintaining liability and property insurance 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 inspec-
tions, tests, and approvals is set forth in pazagraph 13.03.B.
8.09 Limitations on OWNER'S Responsibilities
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 CON-
TRACTOR to comply with Laws and Regulations applicable
to the performance of the Work. OWNER will not be
responsible for CONTRACTOR'S failure to perform the
Work in accordance with the Contract Documents.
8.10 Undisclosed Hazardous Environmental Condition
A. OWNER'S responsibility in respect to an undisclosed
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.
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 Supple-
mentary Conditions.
B. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12.
C. In connection with ENGINEER'S authority as to
Applications for Payment, see Article 14.
9.04 Clarifications and Interpretations
A. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents as ENGINEER may deter-
mine necessary, which shall be consistent with the intent of
and reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OWNER and CON-
TRACTOR 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, that should be allowed as
a result of a written clarification or interpretation, a Clatm
may be made therefor as provided in paragraph 10.05.
9.05 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 Documents. 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 and CONTRAC-
TOR 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 a Field Order, a
Claim may be made therefor as provided in paragraph 10.05.
9.06 Rejecting Defective Work
A. ENGINEER will have authority to disapprove or
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.
9.07 Shop Drawings, Change Orders and Payments
A. In connection with ENGINEER'S authority as to Shop
Drawings and Samples, see paragraph 6.17.
9.08 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 CON-
TRACTOR 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.
9.49 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. Claims, disputes and
other matters relating to the acceptability of the Work, the
quantities and classifications of Unit Price Work, the
interpretation of the requirements of the Contract Documents
pertaining to the performance of the Work, and Claims
seeking changes in the Contract Price or Contract Times will
be referred initially to ENGINEER in writing, in accordance
with the provisions of paragraph 10.05, with a request for a
formal decision.
B. When functioning as interpreter and judge under this
paragraph 9.09, 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. The rendering of a decision by
ENGINEER pursuant to this paragraph 9.09 with respect to
any such Claim, dispute, or other matter (except any which
have been waived by the making or acceptance of final
payment as provided in paragraph 14.07) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
of any such Claim, dispute, or other matter.
9.10 Limitations on ENGINEER's Authority and Respon-
sibilities
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
00700 - 28
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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 responsible 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 fmal Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules, guarantees,
Bonds, certificates of inspection, tests and approvals, and
other documentation required to be delivered by paragraph
14.07.A will only be to determine generally that their content
complies with the requirements 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 responsibility set
forth in this paragraph 9.10 shall also apply to ENGINEER'S
Consultants, Resident Project Representative, and assistants.
ARTICLE 10 -CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Agreement 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 Written Amendment, a Change Order, or a Work
Change Directive. Upon receipt of any such document,
CONTRACTOR shall 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
appropriate Change Orders recommended by ENGINEER (or
Written Amendments) 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 para-
graph 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.
00700 - 29
10.05 Claims and Disputes
A. Notice: Written notice stating the general nature of
each Claim, dispute, or other matter 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. Notice of the amount or extent
of the Claim, dispute, or other matter 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, dispute, or other matter). 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 adjust-
ment claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. The opposing
parry 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).
B. ENGINEER'S Decision: ENGINEER will render
a formal decision in writing within 30 days after receipt of
the last submittal of the claimant or the last submittal of the
opposing party, if any. ENGINEER'S written decision on
such Claim, dispute, or other matter will be final and binding
upon OWNER and CONTRACTOR unless:
1. an appeal from ENGINEER'S decision is taken
within [he time limits and in accordance with the dispute
resolution procedures set forth in Article 16; or
2. if no such dispute resolution procedures have
been set forth in Article 16, a written notice of intention
to appeal from ENGINEER'S written decision is
delivered by OWNER or CONTRACTOR to the other
and to ENGINEER within 30 days after the date of such
decision, and a formal proceeding is instituted by the
appealing party in a forum of competent jurisdiction
within 60 days after the date of such decision or within
60 days after Substantial Completion, whichever is later
(unless otherwise agreed in writing by OWNER and
CONTRACTOR), to exercise such rights or remedies as
the appealing party may have with respect to such
Claim, dispute, or other matter in accordance with
applicable Laws and Regulations.
C. If ENGINEER does not render a formal decision in
writing within the time stated in paragraph 10.O5.B, a
decision denying the Claim in its entirety shall be deemed to
have been issued 31 days after receipt of the last submittal of
the claimant or the last submittal of the opposing parry, if
any.
00700 - 30
1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work
under schedules of job classifications agreed upon by
OWNER and CONTRACTOR. Such employees shall
include without limitation superintendents, foremen, and
other personnel employed full time at the Site. Payroll
costs for employees not employed full time on the Work
shall be apportioned on the basis of their time spent on
the Work. Payroll costs shall include, but not be limited
to, salaries and wages plus the cost of fringe benefits,
which shall include social security contributions, unem-
ployment, excise, and payroll taxes, workers'
compensation, health and retirement benefits, bonuses,
sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of regular
working hours, on Saturday, Sunday, or legal holidays,
shall be included in the above to the extent authorized by
OWNER.
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 payments, 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.
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D. No Claim for an adjustment in Contract Price or
Contract Times (or Milestones) will be valid if not submitted
in accordance with this paragraph 10.05.
ARTICLE 11 -COST OF THE WORK; CASH
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 necessarily incurred and paid by CON-
TRACTOR 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 l I.O1.B.
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-
Hance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facili-
ties at the Site, and hand tools not owned by the
workers, which are consumed in the performance of
' the Work, and cost, less market value, of such items
used but not consumed which remain the property of
CONTRACTOR.
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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 equipment, ma-
chinery, or pare 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 CON-
TRACTOR is liable, imposed by Laws and Regu-
lations.
e. Deposits lost for causes other than negli-
gence 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 perfor-
mance 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 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, expressage, and similar petty cash items in
connection with the Work.
i. When the Cost of the Work is used to
determine the value of a Change Order or of a
Claim, the cost of premiums for additional Bonds
and insurance required because of the changes in the
Work or caused by the event giving rise to the
Claim.
j. When all the Work is performed on the
basis of cost-plus, 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 manag-
ers, engineers, architects, estimators, attorneys, audi-
tors, 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 I1.Ol.A.1 or specifically
covered by paragraph 11.O1.A.4, all of which are to be
' 00700 - 31
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 i 1.O1.B.
C. CONTRACTOR'S Fee: When alI 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.O1.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 Cash 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 as may be acceptable to OWNER
and ENGINEER. CONTRACTOR agrees that:
1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials
and equipment required by the allowances to be
delivered at the Site, and all applicable taxes; and
2. CONTRACTOR'S costs for unloading and
handling on the Site, labor, installation costs, overhead,
profit, and other expenses contemplated for the allow-
00700 - 32
2. there is no corresponding adjustment with
respect any other item of Work; and
3. if 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.
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ances 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.
B. Prior to final payment, an appropriate Change Order
will be issued as recommended by ENGINEER to reflect
actual amounts due CONTRACTOR on account of Work
covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or
part of the Work is to be Unit Price Work, initially the
Contract Price will be deemed to include for alI 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 Agree-
ment. 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
9.08.
B. 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.
C. OWNER or CONTRACTOR may make a Claim for
an adjustment in the Contract Price in accordance with
paragraph 10.0 if:
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1. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and
significantly from the estimated quantity of such item
indicated in the Agreement; and
' 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 or by a Written Amendment. 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 accor-
dance 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
1 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 agree-
ment 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 (deter-
mined as provided in paragraph 12.O1.C).
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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
based on the following percentages of
portions of the Cost of the Work:
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 in-
volved in any one change, the adjustment in
CONTRACTOR'S fee shall be computed on the
basis of the net change in accordance with para-
graphs 12.O1.C.2.a through 12.O1.C.2.e, inclu-
sive.
12.02 Change of Contract Times
A. The Contract Times (or Milestones) may only be
changed by a Change Order or by a Written Amendment.
Any Claim for an adjustment in the Contract Times (or
Milestones) 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. Any adjustment of the Contract Times (or
Milestones} covered by a Change Order or of any Claim for
an adjustment in the Contract Times (or Milestones) will be
determined in accordance with the provisions of this
then a fee Article 12.
the various
a. for costs incurred under paragraphs
11.O1.A.1 and 11.O1.A.2, the CONTRACTOR'S
fee shall be 15 percent;
b. for costs incurred under paragraph
11.O1.A.3, the CONTRACTOR'S fee shall be five
percent;
c. where one or more tiers of subcontracts are
on the basis of Cost of the Work plus a fee and no
12.03 Delays Beyond CO.tiTRACTOR's Control
A. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) 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 contemplated by
' 00700 - 33
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Article 7, fires, floods, epidemics, abnormal weather
conditions, or acts of God.
12.04 Delays Within CONTRACTOR'S Control
A. The Contract Times (or Milestones) will not be
extended due to delays within the control of
CONTRACTOR. Delays attributable to and within the
control of a Subconuactor or Supplier shall be deemed to be
delays within the control of CONTRACTOR.
12.05 Delays Beyond OWNER'S and CONTRACTOR'S
Control
A. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the conuol of both OWNER
and CONTRACTOR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR'S sole and exclusive remedy
for such delay.
12.06 Delay Damages
A. In no event shall OWNER or ENGINEER be liable
to CONTRACTOR, any Subconuactor, any Supplier, or any
other person or organization, or to any surety for or
employee or agent of any of them, for damages arising out of
or resulting from:
1. delays caused by or within the control of CON-
TRACTOR; or
2. delays beyond the control of both OWNER and
CONTRACTOR including but not limited to fires,
floods, epidemics, abnormal weather conditions, acts of
God, or acts or neglect by utility owners or other
contractors performing other work as contemplated by
Article 7.
B. Nothing in this paragraph 12.06 bars a change in
Contract Price pursuant to this Article 12 to compensate
CONTRACTOR due to delay, interference, or disruption
directly attributable to actions or inactions of OWNER or
anyone for whom OWNER is responsible.
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, ENGINEER's Consultants,
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.B; 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 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.
00700 - 34
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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 CON-
TRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and ENGI-
NEER 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. If it is found that
such 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 ail 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. If, however, such
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 Milestones), or both, directly attribut-
able to such uncovering, exposure, observation, inspection,
testing, replacement, and reconstruction. If the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a Claim therefor as provided in
paragraph 10.05.
13.05 OWNER May Stop the Work
A. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way that
the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop the
Work, or any portion thereof, until the cause for such order
has been eliminated; however, this right of OWNER to stop
the Work shall not give rise to any duty on the part of
OWNER to exercise this right for the benefit of
CONTRACTOR, any Subcontractor, any Supplier, any other
individual or entity, or any surety for, or employee or agent
of any of them.
13.06 Correction or Removal of Defective Work
A. 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).
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 Laws or Regulations or 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: (i) repair such defective land or areas, or (ii)
correct such defective Work or, if the defective Work has
been rejected by OWNER, remove it from the Project and
replace it with Work that is not defective, and (iii) satisfac-
torily correct or repair or remove and replace any damage to
other Work, to the work of others or other land or areas
resulting therefrom. If CONTRACTOR does not promptly
comply with the terms of such 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 removed and
replaced, and 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.
B. 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
00700 - 35
item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
C. 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.
D. 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 final payment,
ENGINEER) prefers to accept it, OWNER may do so.
CONTRACTOR shall pay all Claims, costs, losses, and
damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and
all court or arbitration or other dispute resolution costs)
attributable to OWNER'S evaluation of and determination to
accept such defective Work (such costs to be approved by
ENGINEER as to reasonableness) and the diminished value
of the Work to the extent not otherwise paid by
CONTRACTOR pursuant to this sentence. If any such
acceptance occurs prior to ENGINEER'S recommendation of
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, anappropriate
amount will be paid by CONTRACTOR to OWNER.
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the Site, take possession of alI or part of the Work and
suspend CONTRACTOR's services related thereto,' take
possession of CONTRACTOR'S tools, appliances, con-
struction equipment and machinery at the Site, and incorpo-
rate 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 CON-
TRACTOR, 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 (or Milestones) 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
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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 and remedy any such deficiency.
B. In exercising the rights and remedies under this
paragraph, OWNER shall proceed expeditiously. In
14.01 Schedule of Values
A. The schedule of values established as provided in
paragraph 2.07.A will serve as the basis for progress
payments and will be incorporated into a form of Application
for Payment acceptable to ENGINEER. Progress payments
on account of Unit Price Work will be based on the number
of units completed.
00700 - 36
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14.02 Progress Payments
A. Applications for Payments
I. At least 20 days before the date established 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 docu-
mentation 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 pro-
gress payments will be as stipulated in the Agreement.
B. Revietiv 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 profession-
al 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:
00700 - 37
a. the Work has progressed to the point
indicated;
b. the quality of the Work is generally in
accordance 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 fmal determination of
quantities and classifications for Unit Price Work
under paragraph 9.08, 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 ENGI-
NEER will not thereby be deemed to have represented
that: (i) 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 responsibilities specifically assigned to
ENGINEER in the Contract Documents; or (ii) 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 recom-
mending payments nor ENGINEER'S recommendation
of any payment, including final payment, will impose
responsibility on ENGINEER to supervise, direct, or
control the Work or for the means, methods, techniques,
sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for CON-
TRACTOR's failure to comply with Laws and Regu-
lations applicable to CONTRACTOR'S performance of
the Work. Additionally, said review or recommendation
will not impose responsibility on ENGINEER to make
any examination to ascertain how or for what purposes
CONTRACTOR has used the moneys paid on account of
the Contract Price, or 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 representa-
tions to OWNER referred to in paragraph 14.02.B.2.
ENGINEER may also refuse to recommend any such
payment or, because of subsequently discovered
evidence or the results of subsequent 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
Written Amendment or 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 para-
graph 15.02.A.
C. Payment Becomes Due
1. Ten days after presentation of the Application
for Payment to OWNER with ENGINEER'S recom-
mendation, the amount recommended will (subject to the
provisions of paragraph 14.02.D) become due, and when
due will be paid by OWNER [o CONTRACTOR.
D. Reduction in Payment
1. OWNER may refuse to make payment of the
full amount recommended by ENGINEER because:
a. claims have been made against OWNER on
account of CONTRACTOR'S performance or fur-
nishing 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 occur-
rence 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 must
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 CONTRAC-
TOR corrects to OWNER'S satisfaction the reasons for '
such action.
3. If it is subsequently determined that OWNER'S
refusal of payment was not justified, the amount
wrongfully withheld shall be treated as an amount due as
determined by paragraph 14.02.C.1.
14.03 CON7RACTOR'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. Promptly
thereafter, 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. If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and 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 corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time
of delivery of the tentative certificate of Substantial Comple-
tion ENGINEER will deliver to OWNER and CONTRAC-
TOR awritten recommendation as to division of responsibili-
00700 - 38
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ties 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 Completion,
ENGINEER'S aforesaid recommendation will be binding on
OWNER and CONTRACTOR until final payment.
B. OWNER shall have the right to exclude
CONTRACTOR from the Site after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on the
tentative list.
14.05 Partial Utilization
A. Use by OWNER at OWNER'S option of 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, may be
accomplished prior to Substantial Completion of all the Work
subject to the following conditions.
1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to be
ready for its intended use and substantially complete. If
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. CONTRACTOR at any time may notify
OWNER and ENGINEER in writing that
CONTRACTOR considers any such part of the Work
ready for iu intended use and substantially complete and
request ENGINEER to issue a certificate of Substantial
Completion for that part of the Work. 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.
2. No occupancy or separate operation of part of
the Work may occur prior to compliance with the
requirements of paragraph S.IO 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 CON-
TRACTOR 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 main-
tenance and operating instructions, schedules, guaran-
tees, Bonds, certificates or other evidence of insurance
certificates of inspection, marked-up record documents
(as provided in paragraph 6.12), and other documents,
CONTRACTOR may make application for final
payment following the procedure for progress payments.
2. The final Application for Payment shall be
accompanied (except as previously delivered) by: (i) all
documentation called for in the Contract Documents,
including but not limited to the evidence of insurance
required by subparagraph 5.04.B.7; (ii) consent of the
surety, if any, to final payment; and (iii) complete and
Iegally 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.
00700 - 39
B. Review of Application and Acceptance
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
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 for Payment to OWNER for pay-
ment. 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,
indicating in writing the reasons for refusing to
recommend final payment, in which case CON-
TRACTOR 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
will become due and, when due, will be paid by OWN-
ER 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 and
recommendation of ENGINEER, and without terminating the
Agreement, make payment of the balance due for that portion
of the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the
Agreement, and if Bonds have been furnished as required in
paragraph 5.01, the written consent of the surety to the
payment of the balance due for that portion of the Work fully
completed and accepted shall be submitted by CON-
TRACTOR 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
i
2. a waiver of all Claims by CONTRACTOR
against OWNER other than those previously made in
writing which are 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 CON-
TRACTOR 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 allowed
an adjustment 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.
A. The making and acceptance of final payment will B. If one or more of the events identified in paragraph
constitute: 15.02.A occur, OWNER may, after giving CONTRACTOR
(and the surety, if any) seven days written notice, terminate
00700 - 40
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the services of CONTRACTOR, 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), 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 fuush the Work as OWNER may deem
expedient. In such case, CONTRACTOR shall not be
entitled to receive any further payment until the Work is
finished. 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
azising 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.
C. 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.
15.03 OWNER May Terminate For Convenience
A. Upon seven days written notice to CONTRACTOR
and ENGINEER, OWNER may, without cause and without
prejudice to any other right or remedy of OWNER, elect to
terminate the Contract. In such case, CONTRACTOR shall
be paid (without duplication of any items):
1. for 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. for expenses sustained prior to the effective date
of termination in performing services and furnishing
labor, materials, or equipment as required by the
e Contract Documents in connection with uncompleted
Work, plus fair and reasonable sums for overhead and
profit on such expenses;
3. for all claims, costs, losses, and damages
(including but not limited to alI fees and chazges 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. for reasonable expenses directly attributable to
termination.
B. CONTRACTOR shall not be paid on account of loss
of anticipated profits or revenue or other economic loss
azising out of or resulting from such termination.
15.04 CONTRACTOR May Stop Work or Terminate
A. If, through no act or fault of CONTRACTOR, the
Work is suspended for more than 90 consecutive days by
OWNER or under an order of court or other public authority,
or ENGINEER fails to act on any Application for Payment
within 30 days after it is submitted, or 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. In lieu of terminating the Contract and
without prejudice to any other right or remedy, if ENGI-
NEER has failed to act on an Application for Payment within
30 days after it is submitted, or OWNER has failed for 30
days to pay CONTRACTOR any sum finally determined to
be due, CONTRACTOR may, seven days after written notice
to OWNER and ENGINEER, stop the Work until payment
is made of all such amounts due CONTRACTOR, including
interest thereon. The provisions of this paragraph 15.04 are
not intended to preclude CONTRACTOR from making a
Claim under paragraph 10.05 for an adjustment in Contract
Price or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR'S stopping the Work
as permitted by this paragraph.
ARTICLE 16 -DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Dispute resolution methods and procedures, if any,
shall be as set forth in the Supplementary Conditions. If no
method and procedure has been set forth, and subject to the
provisions of paragraphs 9.09 and 10.05, OWNER and
CONTRACTOR may exercise such rights or remedies as
either may otherwise have under the Contract Documents or
by Laws or Regulations in respect of any dispute.
' 00700 - 41
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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 delivered in person to the
individual or to a member of the fum or to an officer of the
corporation for whom it is intended, or if 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 Regulations, by special
warranty or guarantee, or by other provisions of the Contract '
Documents, and 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, warranties,
and guarantees made in, required by, or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will survive '
final payment, completion, and acceptance of the Work or
termination or completion of the Agreement.
17.05 Controlling Law
A. This Contract is to be governed by the law of the
state in which the Project is located.
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00700 - 42 '
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SCOPE OF WORK
SPECIAL PROVISIONS
to the
STANDARD UTILITY SPECIFICATIONS
This Contract shall consist of the furnishing of all labor, equipment and all else necessary to complete the
project in accordance with the plans and specifications. The work shall include, but not be limited to:
sanitary sewer, water main, storm sewer, and services together with all appurtenant items in the proposed
"Towne Lakes ", located in Albertville, Minnesota. Unless otherwise noted or modified herein, all sections
of the General Conditions shall apply.
SPECIFICATIONS WHICH APPLY
The specifications which apply to the construction of sanitary sewer and water main work as shown in the
plans shall be "Standard Utility Specifications for Water Main and Service Line Installation and Sanitary
Sewer and Storm Sewer Installation, 1999 Edition," as prepared by the City Engineer's Association of
Minnesota, City of Albertville Standard Specifications, and Joint Powers Water Board Standard
Specifications to the extent that they are modified by these special provisions.
2. STAKING
Staking for utilities provided by the ENGINEER shall be as follows:
Sanitary and Storm Sewers (1 complete set)
- Main: 50' center, offset per CONTRACTOR'S request
= Manholes: location and grade of invert and rim (offset w/witness stakes)
Services: Wye location noted on cut sheets, services staked to property line with offset and
witness stakes
Water Main (1 complete set)
- Main: 50' centers, offset per contractor
Hydrants/valves: line and grade with offset and witness
Tees & bends: as needed for construction
- Services: location and grade at building with offset and witness
ENGINEER shall provide the CONTRACTOR`S field foreman with copies of cut sheet indicating cuts
from stakes provided the same day the survey crew places stakes.
' All work shall be scheduled with the OWNER and/or the CONTRACTOR on site. Every attempt shall be
made to provide the requested staking within 24 hours of said request. Under no circumstances shall the
surveyor's response time be greater than 48 hours from request without notifying the owner.
3. SANITARY SEWER & STORM SEWER
A. Materials
1. Polyvinyl chloride pipe and fittings shall conform with the requirements of A.S.T.M.
Spec. D-1784 using Type 1, Grade 1 material, and shall have minimum wall thickness as
SPU-1
' b
covered
y S.D.R. - 35(heavy wall). .PVC pipe laid at depths of 16 to 35 feet shall have
minimum wall thickness as covered by S.D.R. - 26. All PVC pipe joints and fittings
shall be bell and spigot, O- ring gasket-type joints.
Forcemain shall conform to materials specifications requireded for PVC C900 Water
Main. All forcemain shall be Poyvinyl Chloride Pressure Pipe, conforming to AWWA
C-900The pipe shall be pressure class 150 with a DR rating of 18 and conforming with
the outside diameter dimensions of cast iron pipe. All materials shall meet the
specifications and approval of the Underwriters laboratories Factory Mutual and the
National Sanitation Foundation (NSF) Standard.
2. Ductile iron sanitary sewer pipe shall be used at depths over 30 feet and shall be class 52,
in conformance with the requirements of AWWA Standard C151 (Ductile Iron Pipe
Centrifugally Cast in Metal Molds or Sand-line Molds). Pipe shall be tar coated, cement
lined conforming to the requirements of AWWA C104. All ductile iron pipe shall be
mechanical or push-on type joints.
C
t
Reinforced concrete pipe shall conform to the requirements of the Standard
Specifications for Reinforced Concrete Sewer Pipe, A.S.T.M. Designation C-76, Wall B
with circular reinforcing for the class of pipe specified. All reinforced concrete pipe
joints shall be Type R-4. All R.C. pipe shall be Class 3 unless otherwise indicated on the
plan or proposal. All R.C. pipe shall meet the requirements of Mn/DOT Specification
3236.
4. High density polyethelene (HDPE) corrugated pipe with an integrally-formed smooth
interior shall conform to the following specifications:
The specification is applicable to nominal sizes 12 - 36 inches in diameter.
Requirements for test methods, dimensions and marking are those found in
AASHTO Designations M252, MP7-97 and M-294.
Pipe and fitting shall be made of polyethelene compounds which conform to the
physical requirements of Type III, Category 3, 4 or 5, p23, p33 or p34, Class 3
per ASTM D-1248 with the applicable requirements defined in ASTM D-1248.
Clean reworked material maybe used.
Minimum Pipe Stiffness values shall be as follows:
~~
1
Diameter Pipe Stiffness*
12 50 psi
15 42 psi
18 40 psi
24 34 psi
30 28 psi
36 22 psi *per ASTM Test Method D-2412
The pipe and fittings shall be free of foreign inclusions and visible defects. The ends of
the pipe shall be cut squarely and cleanly so as not to adversely affect joining.
SPU-2
r~
The nominal size for the pipe and fittings is based on the nominal inside diameter of the
pipe. Inside diameter tolerances shall be plus 3.0% minus 1.5%. Corrugated fittings may
be either molded or fabricated by the manufacturer. Fittings produced by manufacturers
other than the supplier of the pipe lengths shall not be permitted without the approval of
the ENGINEER.
Couplings shall be corrugated to match the pipe corrugations and the width of shall not
be less than %2 the nominal diameter of the pipe. Split couplings shall be manufactured to
engage an equal number of corrugations on each side of the pipe joint. A neoprene-type
gasket shall be utilized with the coupling to provide asoil-tight and water-tight joint.
A manufacturer's certification that the product was manufactured, tested and supplied in
accordance with this specification shall be furnished upon request to the ENGINEER.
Installation shall be in accordance with ASTM recommended practice D-2321 or as
specified by the ENGINEER.
Sewer services shall be 4" Polyvinyl chloride pipe (PVC) S.D.R. - 26 (heavy wall). All
riser pipe shall be 4" Polyvinyl chloride pipe (PVC) S.D.R. - 26 (heavy wall).
Manhole castings and covers and catch basin castings shall conform to the City of
Stillwater Standards. Pipe entrance to manholes shall be sealed water tight with O-ring
gaskets.
Storm sewer catch basin frames and covers shall be as noted on the plans.
Steps shall be included in manholes with a depth greater than 4'-0".
7. All cast iron fittings shall be mechanical joint unless otherwise indicated and shall be in
accordance with AWWA C110. All fittings shall be designed for not less than 250 psi
working pressure and shall have a standard thickness cement mortar lining conforming
with AWWA C104. Ductile iron compact fittings as specified in C153 with standard
1 thickness lining are acceptable in lieu of cast iron fittings. Lead-tipped gaskets will not
be approved for conductivity.
B. Construction Requirements
1. Trench widths must, in all cases, be held to a maximum width of two feet (2') greater
than the outside diameter of the pipe measured at the top of the pipe. The bedding of the
pipe shall be Class "C" or better.
2. Excavating operations shall proceed only so far in advance. ofpipe-laying as will satisfy
the needs for coordination of work and permit advance verification and unobstructed line
and grade as planned. The amount of open or unfilled trench shall not exceed 500 feet
unless ordered by the ENGINEER, and failure to comply with this requirement shall be
cause for shut-down of the entire job until such back-filling is accomplished. All trench
' SPU-3
work MUST be confined to the right-of--way and easement areas as shown on the plans.
Should trenches extend into side yard areas, the Contractor must be aware of the
construction limits. Refer to the final plat for easements if they are not noted on the
plans.
Where interference with existing structures is possible or in any way indicated, and
where necessary to establish elevation or direction for connection to in-place structures,
the excavating shall be done at those locations in advance of the main operation so actual
conditions will be exposed in sufficient time to make adjustments without resorting to
extra work or unnecessary delay.
3. PVC plastic sewer pipe shall be bedded in accordance with the requirements of A.S.T.M.
D-2321 "Standard Recommended Practice for Underground Installation of Flexible
Thermoplastic Sewer Pipe." Bedding material shall be in accordance with Section F1 of
the Standard Utility Specifications.
At depths of 16' or more, Class B Bedding using 100% crushed aggregate material
(maximum 3/4" size) and granular selected material compacted in place to 100%
specified density will be required.
Reinforced concrete pipe shall have Class C bedding.
4. The contractor shall keep accurate records of all service installations as to type, location,
elevation, point of connection and termination, etc. This service record shall be
maintained jointly by the contractor and the inspector on forms provided by the
ENGINEER. Service installations shall not be backfilled until all required information
has been obtained and recorded.
Services shall be located 10' beyond property line and plugged. (See plans for location
of sanitary services and requirements of this contract)
1 5. PVC pipe for under drains shall be constructed as per the detail as shown in the plans.
Material shall follow Mn/DOT spec. 2502.
6. All force main fittings, including plugs, caps, tees, bends, and other thrust points shall be
restrained with retainer glands or tie-bars. When tie-bars are used with steel bands around
the pipe barrel, only one rod should be attached to each band and the band should be cocked
to prevent slippage along the pipe barrel. A band placed behind the bell may be used for two
rods. For mechanical joint pipe, tie rods may be threaded through the bolt-holes in the flange
and secured by nuts. All rods and bands should be made ofcorrosion-resistant material or
coated to prevent rust or deterioration. All methods of restraint shall be approved by the
ENGINEER prior to construction.
C. Backfilling and Trench Compaction
The backfilling shall be accomplished with the use of suitable materials selected from the
excavated materials to the extent available and practical. Should the materials available within
the trench section be unsuitable or insufficient, the CONTRACTOR shall, when directed by the
ENGINEER, replace unsuitable material beneath roadways with suitable materials from other
parts of the project. The removal and disposal of unsuitable material and the hauling, placing,
SPU-4
i
D.
The CONTRACTOR shall remedy, at his own expense, any defects that appear in the backfill for
a period of one year following the final written letter of acceptance of the project from the City
and or ENGINEER.
Testing
Prior to final acceptance of each section of sewer line, the CONTRACTOR shall flush a ball, the
full diameter of the sewer, through the line. This shall be done to remove any dirt or debris
which has entered the new installation. The dirt and debris shall be prevented from entering the
existing sewer system by means of water-tight plugs or other suitable methods. The Contractor
shall give the City 48 hour notice prior to the start of any test and all testing must be witnessed by
a City Representative. Each reach of the sewer shall meet the requirements of the following tests:
1. Leakage tests
i. Upon completion of the mainline, services and manhole installation.
ii. Hydrostatic Pressure Test
iii. Air Test Method
The following paragraph shall replace paragraph 2 of the Air test method listed in the
CEAM Specifications.
After the temperature has been allowed to stabilize for the two minute period, the air
supply shall be disconnected, and the pressure is allowed to decrease to 3. S psig. At the
3. S psig the stopwatch is started to determine the time required for the pressure to drop
to 2.5 psig.
E
The time shall be equal or greater than the allowable time as follows:
Pipe Time
Size min: sec
6 " 2:15
8" 3:18
10" 3:57
12 " 5:40
IS" 7:05
18" 8:30
21 " 9: SO
24 " 11:20
2. Deflection Testing -The CONTRACTOR shall measure deflection of PVC sewer pipe
not sooner than 30 days after placement of backfill material in the trench and prior to
acceptance of the project. Deflections greater than 5% of the inside diameter shall be
considered failure of the bedding procedure and the CONTRACTOR may be required to
re-excavate the trench and provide additional compaction along the side of the sewer.
Safety Equipment
In addition to the usual safety equipment and procedures, the CONTRACTOR shall also make
available at the job site the following:
SPU-6
l
1. An air blower with a directional chute capable of delivering 1,500 c.f.m. of fresh air at
sewer manholes.
2. An approved harness or rope-sling for rescue of personnel from manholes.
3. An approved portable oxygen supply unit with face mask and goggles.
No personnel will be allowed to enter completed sanitary sewer manholes without this equipment
immediately available for use by a "top man" stationed at the manhole. All safety equipment
shall remain the property of the CONTRACTOR.
r F. Method of Measurement and Basis of Payment
' 1. Sewer pipe shall be paid for at the Contract Unit Price per lineal foot, which shall include
the cost of furnishing all pipe, pipe- bend sections, jointing material, bedding material,
and other material; and of delivering, handling, lying, de-watering, trenching, sheeting
and backfilling, compacting, restoring of all surfaces, necessary permits, and all material
' or work necessary to install the pipe, complete in place, at the depth specified. The
length of pipe for which payment is made shall be the actual overall length, measured
along the axis of the pipe, without regard to intervening manholes, T-sections, or bend-
sections.
Length of branches will be measured from the centers of connecting manholes to the
center of the manhole. All lengths will be measured in a horizontal plane unless the
grade of the pipe is more than 15%. The depth of the cut for payment shall be defined as
the distance between the invert of the pipe at a particular point, and the intersection of the
vertical or plumb line, extended from the set point to the point of intersection of the line
with the ground surface as it exists at the time of construction.
2. Standard manholes, drop manholes, catch basins, and catch basin manholes shall be paid
for at the Contract Unit Price and shall include the cost of furnishing all pipe, pre-cast
sections, sewer block, concrete slabs, adjusting rings, mortar, castings, waterproofing,
jointing and other materials, and of delivering, excavating, sheeting, backfilling,
compacting, de-watering, restoring of the surface and all material or work necessary to
install the units complete, in place, at the Contract Unit Price per depths specified for the
depth of 0-8 feet, plus an additional payment of the Contract Unit Price per lineal foot of
depth greater than 8 foot.
1
Manholes shall be measured from the invert of the sewer to top of the cover.
2a. Connect to Existing Sanitary Sewer Manhole
In cases where a short sanitary pipe stub out of a manhole exists, the
CONTRACTOR will be required to remove the existing stub and connect the
new pipe to the connection provided as directed by the ENGINEER. Connect to
Existing Manhole shall be paid for at the Contract Unit Price bid per each.
2b. Connect to Existing Sanitary Sewer
SPU-7
Where a connection to an existing sanitary sewer line is required, the
CONTRACTOR shall remove the existing plug, verify the invert elevation and
alignment of the existing pipe and connect the new pipe as directed by the
ENGINEER. Removal of plugs and verification shall be considered to be
incidental to the connection. Connect to Existing Sanitary Sewer shall be paid
for at the Contract Unit Price bid for each.
2c. Connect to Existing Storm Sewer Manhole
Where a connection to an existing storm sewer manhole is required, the
CONTRACTOR shall knock out the wall of the manhole and connect the new
pipe to the existing manhole. Also, the CONTRACTOR shall grout the new
connection and reconstruct and grout the invert to provide for smooth flow. Any
grouting and reconstructing shall be considered to be incidental to the
connection. Connect to Existing Storm Sewer Manhole shall be paid for at the
Contract Unit Price bid per each.
2d. Connect to Existing Storm Sewer
Where a connection to an existing storm sewer line is required, the Contract shall
remove the existing plug or bulkhead, verify the invert elevation and alignment
of the existing pipe and connect the new pipe as directed by the ENGINEER.
Removal of plugs bulkheads and verification shall be considered to be incidental
' to the connection. Connect to Existing Storm Sewer shall be paid for at the
Contract Unit Price bid per each
.
2e. Drop Section For Manholes
Type A: The drop section with the tee for drop manholes shall consist of a
CIP/DIP tee, concrete base, pipe supports and concrete collar and will be paid for
at the Contract Unit Price for each unit.
Type B: The drop section without the tee for drop manholes shall consist of a
CIP/DIP elbow, CIP/DIP plug, concrete base and pipe support and will be paid
for at the Contract Unit Price bid per each unit.
2f. Risers for Drop Manholes
The risers for drop manholes consist of DIP including pipe support and will be
1 paid for at the Contract Unit Price per lineal foot. The length of riser shall be
computed as distance from the tee invert to the spring line of the lowest pipe
entering the manhole less one foot (1.0').
2g. Connection to Existing Drop Sections
A connection to an existing drop section shall consist of completing a type B drop
section, as covered under 2e above, by coring into the existing manhole and
furnishing a tee completely installed and will be paid for at the Contract Unit
Price per each unit.
SPU-8
2h. Core Existing Sanitary Sewer Manhole
In cases where an additional invert/pipe is to be installed in an existing sanitary
manhole, the CONTRACTOR will be required to core the existing manhole with
the correct size and install a Link Seal as manufactured by Thunderline Corp. or
approved equal. Also, the CONTRACTOR will be required to reconstruct and
1 re-grout the invert to provide for smooth flow. Payment for Core Existing
Sanitary Sewer Manhole shall be incidental to the Contract Unit price per
1 "Connect to Existing Sanitary Sewer Manhole".
3. Wyes, tees, plugs and special fittings will be paid for at the Contract Unit Price
per each unit furnished of the size and classifications specified in the proposal
form.
1 4. R.C. Aprons shall be measured as a unit and shall be paid for at the Contract Unit
Price per each. The unit price per R.C. Apron shall include trash guard and pipe
ties, where specified, and all labor and materials complete in place.
5. Rip-rap of each type and class will be measured by in-place volume of material
based on the surface dimensions staked, and the specified thickness. Payment for
rip-rap shall be by the Contract Unit Price per cubic yard (CY) fully installed.
6. Granular Filter will be measured by in-place volume of material based on the
' surface dimensions staked, and the specified thickness. Payment for Granular
Filter shall be by the Contract Unit Price per cubic yard (CY) fully installed
.
7. Trench stabilization material shall be measured and paid for by the Contract Unit
Price per ton based upon scale receipts furnished to the ENGINEER. Payment for
trench stabilization material shall include the extra depth of excavation and all
materials, labor and equipment required to place the material. Payment for trench
stabilization materials shall not be made when it is used for the CONTRACTOR'S
convenience or for de-watering purposes. Only material authorized by the
ENGINEER shall be paid for.
8. PVC under drains shall be paid for by the Contract Unit Price per lineal foot and
shall include all materials, labor and equipment (including fabric and aggregate)
necessary to install the pipe according to the detail shown in the plans.
9. Sanitary sewer service risers shall be measured by the Contract Unit Price per
vertical foot from the center of PVC main to the center of 45 degree bend at the
point where a 2% grade starts.
10. Hay bales will be paid for by the each for each one used as erosion control at
drainage structures.
11. The cost of all materials and labor required to complete this project, as specified
and shown on the plans, but not specifically included as a paid item, shall be
merged with the various unit prices bid.
12 Ductile Iron Force Main Fittin
s and s
ecials will be
aid f
r at the C
ntract
. g
p
p
o
o
SPU-9
Unit Price per pound for the standard weight of the fitting and specials installed,
on the basis of body weight only. All joints, restraints, nuts, bolts, and tie bars
1 shall be incidental with no direct compensation thereto.
4. WATER MAIN
A. Materials
1. A114", 6", 8" and, 12", water main shall be Poyvinyl Chloride Pressure Pipe, conforming
to AWWA C-900The pipe shall be pressure class 150 with a DR rating of 18 and
conforming with the outside diameter dimensions of cast iron pipe. All materials shall
meet the specifications and approval of the Underwriters laboratories Factory Mutual and
the National Sanitation Foundation (NSF) Standard.
t
1
All ductile iron fittings shall be mechanical joint unless otherwise indicated and shall be
in accordance with AWWA C110. All fittings will be epoxy coated and installed with
"blue bolts" per City of Albertville standards. All fittings shall be designed for not less
than 250 psi working pressure and shall have a standard thickness cement mortar lining
conforming with AWWA C104. Ductile iron compact fittings as specified in C153 with
standard thickness lining are acceptable in lieu of cast iron fittings. Lead-tipped gaskets
will not be approved for conductivity.
Hydrants
All hydrants shall be Waterous "Pacer" No. WB-67 with the following requirements:
a. Hydrants are to have afive-inch minimum valve opening. They shall be equipped with
two 2-1/2" diameter nozzles and one 4-1/2" steamer connection. Outlet threads shall be
National Standard threads.
b. Hydrant barrels shall be two piece, with a 16" break-off traffic flange and flanged joint
no more than two inches above the finished grade line with a mechanical joint connection
at the hub end. Hydrants shall have an 8.0-foot bury.
All hydrants shall have asix-inch mechanical joint inlet for connecting into the six inch
branch pipe from the main. There shall be a gate valve between the hydrant and the
water main.
d. Hydrant operating mechanism shall be provided with "O" ring seals preventing the
entrance of moisture and shall be lubricated through an opening in the operating nut or
bonnet.
e. Shall open to the left (counterclockwise), and be able to drain when the hydrant is closed.
f. The size and shape of the operating nut shall be National Standard pentagon nut.
g. Hydrant must have permanent markings showing:
1) Manufacturer's name
2) Year of manufacture
3) Bury depth
SPU-10
h. The hydrant shall be furnished with a location flag. The flag will be a 60" Hydra-finder
as manufactured by Rodon Corp.
4. Valves
a. Gate Valves
Gate valves shall be resilient wedge type in accordance with AWWA 509 Specifications
and have a working pressure of 200 psi. Valves shall be equipped with a mechanical joint
ends in accordance with AWWA C111, shall have O-ring seals with non-rising stems a
two inch (2") square nut and shall open to the right. Gate valves must show on the
bonnet or body:
1) Open indicating arrow
2) Manufacturer's name
3) Pressure rating
4) Year of manufacture
5) Size
Gate valves shall be vertical Buffalo type, cast iron shaft 5-1/4" in diameter. The valve
box shall consist of three pieces with a box length to provide for 7.5 feet of cover and
able to provide adjustment of at least six inches.
b. Butterfly Valves
~J
Butterfly valves shall meet the requirements of ANSI/AWWA 504 and shall be designed
for 150 psi of working pressure. The valve shall be short body with mechanical joint
ends, a non rising stem with "O" ring seal, a two inch square nut and shall open to the
right. Butterfly valves shall show on the bonnet or body:
1) Open indicating arrow
2) Manufacturer's name
3) Pressure rating
4) Year of manufacture
5) Size
5. All hydrants and all fittings not in the main line shall be tied. All gate valves are to be
tied no matter where they are in the system. All mechanical joints shall be restrained
with retainer glands.
6. Retainer glands shall be American, Mega-Lug or US Pipe and be designed to withstand
pressures shown in Table 9-6 of American Cast Iron Pipe Company's Catalog.
7. Corporation Stops
Corporation stops will be provided and installed by City of Stillwater personnel. The
contractor will be required to connect to the corporation stop as provided.
8. Curb Stop and Box
SPU-11
Curb stop shall be Minneapolis pattern for copper service pipe inlet and outlet, of stop
design with an inverted key and shall be Mueller H-15154 Mark II Oriseal or approved
equal.
The stop box shall be an extension type with stationary rod Minneapolis Pattern. Boxes
shall have 6" adjustment with an 8' length when fully extended. Stop boxes shall be
Mueller H-10300, ford EM2-80-56-75R or approved equal.
Lids shall be Mueller 89375 or approved equal.
9. Insulation
Insulation shall be equal to DOW Chemical Company STYROFOAM HI brand plastic
foam installed in accordance with the manufacturer's recommendation and at a minimum
4" total thickness.
1 10. Joint Conductivity
Conductive gaskets shall be those as manufactured by American Ductile Iron Pipe
Company.
"
"
Copper jumpers shall be a minimum of 1/16
xl/2
wide flat copper strip or annealed
round copper wire conforming to ASTM B 152, Type DHP.
Field application of the copper jumpers shall conform to the Burndy Method as supplied
by Burndy Corporation, Norwalk, Connecticut or the Cadeweld Method by Erico
Products Co., Cleveland, OH.
Silicon bronze nuts and bolts shall be used on all bolted connections.
Welded connections shall be made on a clean metal surface, which has been grounded to
remove coating and oxide. The area at the connection, including the weld shall be
refinished with the original coating or other suitable protective coating.
11. Water Service Pipe
All copper tubing used for services shall be new and unused, meeting specification
ASTM B 88 for Seamless Copper Water Tube, Type K, soft annealed temper.
B. Construction Requirements
' 1. Excavating operations shall proceed so far in advance ofpipe-laying as will satisfy the
needs for coordination of work and permit advance verification of unobstructed line and
grade as planned. The amount of open or unfilled trench shall not exceed 500 feet unless
ordered by the ENGINEER, and failure to comply with this requirement shall be cause
for shut-down of the entire job until such backfilling is accomplished.
Where interference with existing structures is possible, or in any way indicated, and
where necessary to establish elevation or direction for connections to in-place structures,
' SPU-12
'
the excavating shall be done at those locations in advance of the main operation so actual
conditions will be exposed in sufficient time to make adjustments without resorting to
extra work or unnecessary delay.
2. Class C bedding shall be used to bed the pipe. The pipe shall be placed with ordinary
care on earth foundation, shaped to closely fit the width of at least 50% of the pipe
' breadth. The remainder of the pipe shall be backflled to a height of 12 inches above the
pipe with the material hand shovel-placed and thoroughly tamped in 6" layers to
completely fill all the voids around the pipe.
3. All plugs, caps, tees, bends, hydrants, and other thrust points shall be restrained with
retainer glands or tie-bars. When tie-bars are used with steel bands around the pipe
barrel, only one rod should be attached to each band and the band should be cocked to
prevent slippage along the pipe barrel. A band placed behind the bell may be used for
two rods. For mechanical joint pipe, tie rods may be threaded through the bolt-holes in
the flange and secured by nuts. All rods and bands should be made of corrosion-resistant
material or coated to prevent rust or deterioration. All methods of restraint shall be
approved by the ENGINEER prior to construction.
4. The bottom of the water main and water services shall be laid at least 18 inches above the
top of the sewer. Where this vertical separation cannot be obtained, the sewer shall be
constructed of materials and with joints that are equivalent to water main standards of
construction and shall be pressure tested to assure water tightness prior to backfilling; or
t shall have a ten (10) foot horizontal separation.
5. Water mains crossing house sewers, storm sewer, or sanitary sewers shall be Iaid to
provide a separation of at least 18 inches between the bottom of the water main and the
top of the sewer. When local conditions prevent a vertical separation as described, the
following construction shall be used:
a. Sewers passing less than 18 inches above or below water mains shall be
constructed of materials equal to water main standards of construction.
b. In addition, sewers passing over water mains shall be protected by providing:
1) a vertical separation of at least 18 inches between the bottom of the
sewer and the top of the water main,
2) adequate structural support for the sewers to prevent excessive deflection
I of joints and settling on and breaking the water mains.
C. Backfilling and Trench Compaction
r l
A
l backfilling and trench compaction requirements are identical to the requirements as
previously stated under Paragraph 3. Sanitary Sewer and Storm Sewer Item C. Backfilling and
Trench Compaction..
D. Testing
t 1
Pressure and Leaka
e Tests
.
g
' SPU-13
u
i. Upon completion of water main, hydrants and services.
ii. May be conducted at the same time.
iii. Maximum amount of leakage to be one half the volume allowed by ANSI/AWWA c-600
in accordance with the following:
L=SD(p)1 /2
266,400
2. Electrical Conductivity Test.
3. Disinfection (ANSUAWWA C-651)
' E. Method of Measurement and Payment
1. PVC pipe shall be paid for at the Contract Unit Price per lineal foot for each diameter of
pipe installed and shall include the cost of furnishing the pipe, rubber gasket, joints, and
other material and of delivering, handling, laying, trenching, backfilling, compacting,
testing, disinfecting, and all material or work necessary to install the pipe complete, in
place, at all depths.
The length of pipe for which payment is made shall be the actual overall length measured
1 along the axis of the pipe, without regard to intervening valves or fittings.
2. Ductile Iron fittings and specials will be paid for at the Contract Unit Price per pound for
' the standard weight of the fitting and specials installed, on the basis of body weight only.
All joints, restraints, nuts, bolts, and tie bars shall be incidental with no direct
compensation thereto.
1 3. Plugs will be paid by the each and shall include all material, equipment and labor to
install the plug in a permanent position.
4. Hydrants will be paid for at the Contract Unit Price per hydrant installed complete with
drainage pit, gravel, concrete base, and bracing. The unit price for the hydrant does
include the auxiliary hydrant valve.
5. Valves and boxes (including extensions) will be paid for at the Contract Unit Price bid
for each size valve and box furnished and installed complete.
6. Material used for stabilizing trench to assure firm foundation for pipe shall be paid for at
the Contract Unit Price per ton in place. No foundation material will be paid for that is
installed without the knowledge or consent of the ENGINEER nor will payment be made
for rock installed only for de-watering purposes. Payment shall include cost of
excavation and placement.
t
7. Copper water service pipe will be paid for at the Contract Unit Price per lineal foot, for
each diameter of pipe furnished, measured from the centerline of the pipe to the
centerline of the curb box. The unit price shall include all pipe fittings, laying,
excavation, backfilling, compacting and testing.
' 8. Corporation stops will be paid for at the Contract Unit Price per each, this includes all
city fees and cost of coordination.
SPU-14
9
10
11
12
13
Curb stops, boxes and extensions will be paid for at the Contract Unit Price per each size
furnished and installed and shall include the necessary fill when required..
Unless otherwise stated, cut-ins or connections to existing mains will be paid for at the
Contract Unit Price per each cut-in or connection, and the unit price will include all
fittings, materials, equipment, and labor necessary to make said installation.
Steel casing pipe shall be measured by the lineal foot of pipe actually jacked.
This shall include all costs for equipment, materials, and labor for providing the jacking
pit, de-watering, excavation, steel casing, sand fill, and backfilling the jacking pit to the
specified density.
Items to be salvaged shall be paid for by the each for each item or group of items as
stated in the proposal form or as shown in the plans.
The cost of all material and labor required to complete this project as specified and
shown on the plans, but not specifically included as a pay item, shall be merged with the
various Contract Unit Prices bid.
SPU-15
t
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SPECIAL PROVISIONS
TO THE
STANDARD HIGHWAY SPECIFICATIONS
SCOPE OF WORK
This Contract shall consist of the furnishing of all labor, equipment and all else necessary to complete the
project in accordance with the plans and specifications. The work shall include, but not be limited to:
subgrade preparation, aggregate base, curb and gutter, paving, and restoration, together with all
appurtenant items in the proposed Towne Lakes ,located in Albertville, Minnesota. Unless otherwise
noted or modified herein, all sections of the General Conditions shall apply.
SPECIFICATIONS WHICH APPLY
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Specifications which apply to construction of street work as shown in the plans shall be Division II
(Construction Details) and Division III (Materials) of the "Standard Specification for Highway
Construction", Minnesota Department of Transportation, June 9, 1988 and current revisions, and the City
of Albertville Standard Specifications, to the extent that they are modified by these special provisions.
STAKING
Staking for parking areas and streets provided by the ENGINEER shall be as follows:
Street Centerline (1 set)
- 50' centers (after utility construction) for subgrade verification
Curb and Gutter (1 set)
- Alignment and grade stakes 3' offset (or as appropriate)
- 25' center, plus additional stakes at curb returns
Driveway cuts as needed for construction
WPS will require the CONTRACTOR to have a minimum of 1 days work available on all survey
requests.
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PROTECTION AND ADJUSTMENT OF EXISTING UTILITY CASTINGS
The CONTRACTOR shall be responsible for the protection of and damage to all utilities including, but
not limited to public gas mains, telephone lines, electric power lines, cable television, water valve boxes,
manholes and catch basins. He shall also be responsible for cleaning, repairing or replacement of same if
damaged in this phase of construction.
4.
BARRIERS
The CONTRACTOR shall furnish and place sufficient bamcades and warning lights at the terminals of
all construction to prevent use of the right- of--way during construction operations, except that access to
private development shall be maintained.
MAINTENANCE OF TRAFFIC
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Sufficient flag men and warning signs shall be employed on streets which abut the project area to warn
and control traffic during all hauling and construction activity.
' The CONTRACTOR shall maintain all roadways either on or off the project area which are used for haul
roads. Such maintenance shall consist of blading and dust control determined necessary by the
ENGINEER in order to keep the roads suitable for automobile traffic and to control dust. Beginning on a
date as established by written notification to the CONTRACTOR from the ENGINEER, said date to be
on or after the formal execution of the contract, the CONTRACTOR shall be responsible for all
maintenance of streets and roads that are a part of this contract. This maintenance responsibility shall
include whatever work is necessary to keep the streets in a condition suitable for local access traffic, and
shall generally consist of periodic blading and dust control procedures until surfacing has been
completed.
6. MISCELLANEOUS REMOVALS AND REPLACEMENT
' The temporary removal, storage and replacement of street signs, traffic control signs, mailboxes, fences,
and miscellaneous items shall be performed by the CONTRACTOR and they shall be considered
' incidental to the project as a whole, with no direct payment therefore.
7. EXCAVATION AND EMBANKMENT (2105}
' All rough grading will be completed under a separate contract and will not be a part of this work.
Excavation for the installation of pipe and the preparation of curb and gutter is considered incidental to
the unit item as bid.
8. SUBGRADE PREPARATION
Subgrade preparation shall include the work necessary to prepare the subgrade material for the laying of
base material and grading for curb and gutter construction. This work will include grade variation
corrections of up to 4 inches plus or minus. It shall also include scarifying, disc drying or applying
1 water to obtain a subgrade compacted to a minimum of 100% of standard proctor dry density.
The basis of payment for this work shall be by the Contract Unit Price per square yard and shall be
measured to 0.5 feet behind the back of curb. Should the only work performed include getting the street
to grade without any drying effort, (scarifying and disk drying), payment for this item will be based on
50% of the Contract Unit Price per square yard as listed above.
Equipment at hourly rate items as shown in the bid proposal shall be paid only as authorized by the
ENGINEER for subgrade correction and grading work required beyond the scope of subgrade
preparation as specified above. The CONTRACTOR shall notify the ENGINEER and receive notice to
proceed prior to making any claim for such work.
9. TEST ROLLING
Prior to placement of the aggregate base, the OWNER will require the completion of a test roll on the
street subgrade. The CONTRACTOR shall provide a loaded tandem axle truck with a minimum gross
weight of 25 tons. The CONTRACTOR shall provide a weight ticket for the test roll vehicle to the
ENGINEER during the test roll. The test rolling shall be at the direction of the ENGINEER and in the
presence of the Soils ENGINEER. The OWNER may require test rolling of the aggregate base, once the
base section has been constructed. Test rolling (including all repairs to unstable sections and retesting)
will be considered to be incidental work and no direct compensation will be made therefore.
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The utility CONTRACTOR will be required to use every means available to provide a stable subgrade
' prior to the placement of Class S aggregate. The CONTRACTOR may be required to work material with
a blade and disc below the upper 12" of subgrade material (as required under subgrade Preparation) to a
point 3'-0" below subgrade elevation to ensure a stable subgrade.. This work shall be paid for at the
equipment hourly rates as provided in the contract, but in no means shall be used unless specifically
directed by the ENGINEER.
10. 3" MINUS CRUSHED QUARRY ROCK STABILIZING AGGREGATE
When authorized by the ENGINEER, the CONTRACTOR shall complete subgrade correction with the
placement of 3" minus crushed quarry rock stabilizing aggregate. 3" minus crushed quarry rock
stabilizing aggregate will be used to stabilize subgrade areas which fail the test rolling procedure, but
only after the CONTRACTOR has completed subgrade preparation work, inclusive of scarifying,
disc drying and recompacting of the upper 12 inches of the subgrade to a minimum of 100% of
standard proctor dry density to the satisfaction of the engineer. The basis of measurement and
payment for this work shall be by the Contract Unit Price per ton, based upon scale receipts furnished to
' the ENGINEER. Payment for 3" minus crushed quarry rock stabilizing aggregate shall include the
excavation and proper disposal of the failing subgrade material and all materials, labor and equipment
required to place the stabilizing aggregate.
Only material authorized by the ENGINEER shall be paid for and the CONTRACTOR must agree in
writing with the ENGINEER or his representative prior to the work being performed.
11. AGGREGATE BASE (2211)
Class S (100% crushed material) aggregate base shall be constructed to the depth shown on the plans and
in accordance with Section 2211.
Compaction shall be by the Specified Density Method and shall conform to the requirements of Section
2211.
Measurement and Payment shall be by the Contract Unit Price per square yard of the minimum depth
' specified and shall be computed on the basis of planned dimensions using base area measured to O.S feet
behind the back of curb. Any requests by the ENGINEER for different lift thickness not included in the
proposal shall be prorated using 110 pounds per square yard of area per inch of thickness from the
thinnest lift described in the Contract. Shaping and compacting the aggregate base shall be incidental to
the cost of the aggregate.
12. PLANT-MIXED BITUMINOUS BASE COURSE (2331) Type 31 (B)
The plant-mixed bituminous pavement shall be constructed in accordance with the provisions of 2331,
' except as modified as follows:
The bituminous material for mixture shall be Performance Grade Binder PG 58-28. The CONTRACTOR
shall furnish the ENGINEER the mix design prior to placing any pavement. Compaction shall be
obtained by the Ordinary Compaction Method.
The bituminous material required as specified in 2331.3C2a shall be considered an incidental expense
and no direct compensation will be made therefore.
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Recycled, Type 32 mixtures may not be substituted for Type 31 mixtures.
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Measurement and payment shall be by the Contract Unit Price per square yard in place to the minimum
compacted thickness specified and shall include the bituminous material for mixture.
13. PLANT-MIXED BITUMINOUS WEAR COURSE (2331) Type 41 (A)
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The plant-mixed bituminous surface shall be constructed in accordance with the Provisions of 2331,
except as modified as follows:
The bituminous material for mixture shall be Performance Grade Binder PG 58-28 for wearing course
mixture. The percent by weight of bituminous material shall be as determined by Mn/DOT design
formula for all wearing course mixtures. The CONTRACTOR shall furnish the ENGINEER the mix
design prior to placing any pavement. Compaction shall be obtained by the Ordinary Compaction
Method.
The bituminous material required as specified in paragraph 9 of 2331.3C2a shall be considered an
incidental expense and no direct compensation will be made therefore.
Recycled, Type 42 mixtures may not be substituted for Type 41 mixtures.
Measurement and payment shall be by the Contract Unit Price per square yard in place to the minimum
compacted thickness specified for each course and shall include the bituminous material for mixture.
14. BITUMINOUS TACK COAT (2357)
Bituminous Tack Coat shall be used between all courses of bituminous pavement constructed by the
CONTRACTOR. Tack material shall be RC 250 or RC 70. Payment for bituminous tack coat shall be by
the Contract Unit Price per gallon applied at a rate of 0.05 gallons per yard of pavement.
15. ADNST MANHOLES, CATCH BASINS, and GATE VALVES
Manholes and gate valves adjustments shall be in accordance with the provisions of MNlDOT 2506
except as modified below:
The CONTRACTOR shall adjust all manhole and gate valve castings to 0.5 inches below bituminous
base grade to provide interim access to all structures for the first season. Final adjustment shall be made
to 0.5 inches below finished pavement grade prior to paving the final wear course.
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easurement an
payment o
adjustments shall by the Contract Unit Price per each manhole or gate
valve casting adjusted, as provided on the proposal, only after the final adjustment. Upon request, the
' ENGINEER may pay 1/2 the contract amount after the first raising. The turning of Mexican hats, cones
or slabs to align with curb and gutter, if necessary, shall be incidental to the contract.
16. CONCRETE SIDEWALK (2521)
This work shall be done in accordance with Mn/DOT 2521. The sidewalk shall be of the dimensions and
at the location shown on the plans. This shall include all labor, material and equipment necessary to
rough grade; place the granular base; place, finish and cure the concrete and backfill along the edges of
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the sidewalk.. Edges of the sidewalk are to be backfilled within five (5) working days of the trail
placement. Payment will be at the Contract Unit Price per square foot of sidewalk measured in place.
17. BITUMINOUS TRAIL
' Bituminous trail shall be constructed at the location shown on the plans or as directed by the ENGINEER.
Work under this pay item will include grading; aggregate base (conforming with Mn/DOT 2211);
bituminous pavement (conforming to Mn/DOT 2331) and backfilling of the trail edges. The bituminous
1 mixture shall be a Type 41 A mixture. Edges of the trail are to be backfilled within five (5) working days
of the trail placement. Payment will be at the contract unit price for Bituminous Trail as measured by the
lineal foot that includes a 6" Class 5 aggregate base.
18. PEDESTRIAN RAMPS
Pedestrian ramps shall placed at the location and be of the dimensions shown on the plan. Payment for
pedestrian ramps shall be by the each and shall include all labor, material and equipment necessary to
rough grade; place the granular base; place, finish and cure the concrete.
19. CONCRETE CURB AND GUTTER (2531)
' Concrete curb and gutter shall be constructed in accordance with the provisions of 2531 except as
modified herein:
Concrete curb and gutter type shall be as noted on the plans. Plates for forming contraction joints shall
extend not less than two inches nor more than three inches below the surface of the concrete. Full depth
plates will not be permitted on this job. Place expansion joints at intervals of 120 feet and at the ends of
all street returns. Joint sealing as specified in Mn/DOT 2531.3H will not be required.
Cure concrete using the membrane method. Apply membrane to all exposed surfaces, including formed
surfaces. Apply membrane in two lateral directions at the rate of one gallon per 150 square feet. Apply
' membrane to the back of curb and face of gutter as soon as forms are stripped, or after final brushing.
The compound must contain a fugitive dye. A double layer of polyethylene with insulation between the
layers will be required if the freezing weather is expected within 5 days of the pour.
' Excavation and grading for curb construction shall be incidental to curb and gutter.
' Project cleanup shall include backfill to back of curb and fine grading of all disturbed areas. The cost of
this work is to be incidental to the price bid per foot of curb and gutter. Partial payment will not be made
on curb and gutter until backfilling is completed.
Measurement and payment shall be by the Contract Unit Price per lineal foot of each type of curb and
gutter constructed and shall include the B618 used as radii and dropping back of the curb for pedestrian
' ramps.
The CONTRACTOR shall submit a current test from an approved testing laboratory indicating that the
materials of the concrete supplier meet the requirement of the Mn/DOT Specifications.
20. INSTALL TRAFFIC BARRICADES
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Traffic Barricades shall be at the location shown on the plans. Payment will be at the Contract Unit Price
for each installation and will include all labor, equipment and material necessary for a complete
installation.
21. STREET CLEANING FOR WEAR COURSE INSTALLATION
Payment for street cleaning shall be paid for at the Contract Unit Price per lump sum and shall include all
equipment, labor and material costs incurred to properly clean the base course prior to the installation of
the wear course.
22. PATCHING PRIOR TO INSTALLATION OF BITUMINOUS WEAR COURSE
Prior to the installation of Bituminous Wear Course all areas of failed bituminous base, aggregate base
and settlements shall be repaired by the CONTRACTOR.
Settlements (if they do not show bituminous or aggregate base failure) shall be repaired by the addition of
a leveling patch of bituminous base material or by removing bituminous base, adding compacted
aggregate base and reinstalling the required bituminous base. Patching of settlements shall be the
responsibility of the CONTRACTOR and no extra compensation will be allowed therefore.
Areas which show evidence of bituminous base failure or bituminous base and aggregate base failure
shall be repaired by the removal of the failed bituminous base or bituminous base and aggregate base.
All such patch areas shall have square cut edges in the bituminous base. The removed materials shall be
disposed of off site at a disposal site of the CONTRACTOR'S choice. The cost of bituminous base or
bituminous base and aggregate base repair shall be borne by the CONTRACTOR except in those areas as
designated by the ENGINEER to have been caused by use exceeding normal wear and tear and use
beyond the control of the CONTRACTOR. Payment for such ENGINEER authorized exceptional
bituminous base or bituminous base and aggregate base repair shall be by the Contract Unit Price per
square yard and shall be payment in full for all costs of labor, materials, equipment and all else necessary
to remove, dispose of removed materials off site, and replace and compact the required thickness of
bituminous base or bituminous and aggregate base including any necessary edge tacking material.
23. UTILITY CROSSINGS
Payment for utility crossings shall be at the Contract Unit Price for each crossing and shall include the
excavation for conduit placement and the backfilling of the trench after conduit placement. Trench
compaction shall meet the requirements of the Subgrade Preparation specifications in this document. It
will be the responsibility of the CONTRACTOR to coordinate the conduit installation with the utility
company.
24. IRRIGATION CROSSINGS
Payment for irrigation crossings shall be at the Contract Unit Price for each crossing and shall include the
excavation for conduit placement and the backfilling of the trench after conduit placement. Trench
compaction shall meet the requirements of the Subgrade Preparation specifications in this document. It
will be the responsibility of the CONTRACTOR to coordinate the conduit installation with the utility
company.
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/~c,- P~Iber4v~lle
A Geotechnical Evaluation Report for
Contractors Property Developers Company
Proposed Housing Subdivisions
Albertville, Minnesota
Z'iu~.~r I ~ i~~S
Project BPDX-99-141A
December 15, 1999
Braun n e ec orpora ion.
R~ ~ SM
I NTE RTEC
Braun Intertec Corporation
1017 109th Avenue Northest
Bloine, Minnesota 55434-3729
651.487.3245 fax: 612.754.2750
Engineers and Scientists Serving
the Built and Natural Environments
s
December 15, 1999
Project BPDX-99-141A
Mr. Homer Tompkins
Contractors Property Developers Company
9110 83rd Avenue North
Brooklyn Park, MN 55445
Dear Mr. Tompkins:
Re: Geotechnical Evaluation for Proposed Housing Subdivisions on the Balfany Property and
adjacent property to the East, Albertville, Minnesota.
We have completed the geotechnical evaluation you authorized. The purpose of the geotechnical
evaluation was to provide subsurface soil and groundwater data to help you and your consultants
design footings, foundations and pavements for the new single family housing subdivisions; and help
you prepare plans and specifications for their construction.
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Please refer to the attached report for results and recommendations. If we can provide additional
assistance or observations and testing services during construction, please call Darin Hyatt at (651)
487-7014.
Sincerely,
C IJR~~.
Darin E. Hyatt, T
Staff Enginee
d, PE, PG
Senior Technical Consultant
deh:cdhlkah\rpts\p9141a1.doc
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Table of Contents
A. Introduction ........................................................................................................................:...............1
A.1. Project ......................................................................................................................................... I
A.2. Purpose ............................................ .................1
A.3. Scope .....................................................................................................•-----................................1
A.4. Documents Provided ...................................................................................................................2
A.S. Boring Locations and Elevations ................................................................................................2
B. Results ................................................................................................................................................3
B .1 . LObS .............................................................................................................................................~
B.2. Site Conditions ............................................................................................................................3
B.3. Materials Encountered ................................................................................................................3
B.4. Groundwater Measurements .......................................................................................................4
C. Analyses and Recommendations .......................................................................................................6
C.1. Proposed Construction ................................................................................................................6
C.2. Evaluation of the Boring Data ....................................................................................................7
C.3. General Site Preparation ........................................................................................................... I O
C.4. Footings .....................................................................................................................................11
C.S. Floor Slabs ................................................................................................................................13
C.6. Exterior Slabs ............................................................................................................................14
C.7. Utilities ......................................................................................................................................14
C.8. Pavements .................................................................................................................................15
D. Construction ......................
D.1. Excavation ..................
D.2. Dewatering .................
D.3. Observations ..............
D.4. Backfill and Fills........
D.S. Testing ........................
D.6. Cold Weather ......:......
................................17
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................................19
E. Procedures ...................................................•--..........................................:.......................................19
E.1. Drilling and Sampling...-• ..........................................................................................................19
E.2. Soil Classification .....................................................................................................................20
E.3. Groundwater Observations ........................................•---.....................................................---....20
F. General Recommendations .................................................................................
F.1. F.1. Basis of Recommendations .................................................................
F.2. Review of Design ........................................................................................
F.3. Groundwater Fluctuations ...........................................................................
F.4. Use of Report ...............................................................................................
F.S. Level of Care ...............................................................................................
Professional Certification
Boring Location Sketch
Log of Boring Sheets
Descriptive Terminology
.......................20
.......................20
.......................21
............... .. ......21
..........-•---........21
.......................22
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$M
INTERTEC
A. Introduction
A.3. Project
Braun Interiec Corporation
1017 109th Avenue Northest
Blaine, Minnesota 55434-3729
651.487.3245 Fax: 612.754.2750
Engineers and Scientists Serving
the Built and Natural Environments®
Contractors Property Developers Company (CPDC), is planning to develop the Balfany Property for
use as a single family residence housing subdivision. The project is located north of Interstate
Highway 94 between School Lake and Mud Lake, in Albertville, Minnesota. A parcel of land
located on the east side of Mud Lake is also being considered for development.
A.2. Purpose
The purpose of this evaluation was to provide subsurface soil profile and groundwater data to help
CPDC prepare plans and specifications for the proposed construction.
A.3. Scope
The desired scope of services was outlined in arequest-for-proposal sent via facsimile by Mr.
Dwight Jelle of Westwood Professional Services, Inc. (Westwood}, actin, on behalf of CPDC. On
September 28, 1999, we submitted a proposal to Mr. Homer Tompkins of CPDC. Mr. Tompkins
authorized us to proceed in accordance with the proposal. Our services were provided under the
terms of our General Conditions dated February 1, 1996.
Our scope of services was limited to:
• coordinating the locating of underground utilities near the boring locations,
• drilling the penetration test borings to a depth of 20 feet,
• installing temporary piezometers in five of the boreholes to permit additional measurements of
groundwater levels,
• classifying the penetration test samples and preparing boring logs,
• conducting routine laboratory tests to aid in classification and engineering analysis,
• analyzing the results of the borings,
• formulating recommendations for earthwork, spread footing foundations and pavements.
• discussing the results and recommendations with Mr. Tompkins, and
Contractors Property Developers Company
Project BPDX-99-141A
December 15, 1999
Page 2
• submitting this geotechnical evaluation report containing loos of the borings, our analysis of the
boring information, and recommendations for earthwork, spread footing foundations and
pavements.
A.4. Documents Provided
Mr. Ed Hasek from Westwood provided us with copies of the following documents:
• Soil Boring Location Diagram and Log of Borings B-1 through B-5 for "1998 Northeast Truck
Sanitary Sewer Expansion" by GME Consultants, Inc. (GME), dated April 9 and 10, 1998,
• Plat survey of the site drawn by Plat System Services Inc_, revised July 1998,
• "Report of Geotechnical Exploration and Review, Proposed Residential Development Between
Mud and School Lakes'' by American Engineering Testing, Inc. (AET), dated July 17, 1997,
• "1997 Northeast Sanitary Sewer and Water Main Extension, Preliminary Engineering Study" by
Short Elliot Hendrickson Inc. (SEH), dated December 30, 1996
• Undated topographic survey of the proposed site, with no preparer indicated,
• Various photographs of the site taken from an airplane.
A.S. Boring Locations and Elevations
We selected the locations of Borings ST-1 through ST-4, P-5, ST-6, P-7, P-8, ST-9 and P-10. The
locations of Borings ST-11 to ST-20 were selected by Westwood. The approximate locations are
shown on the attached sketches. All the boring locations were staked by Westwood.
Generally, the borings are denoted with an "ST" prefix, indicating they were penetration test borings.
Boring number 1, 5, 7, 8 and 10, however, are denoted with a "P" prefix, indicating that piezometers
were installed at those locations.
Ground surface elevations at the boring locations were provided by Westwood.
Contractors Property Developers Company
Project BPDX-99-141A
December 15, 1999
Page 3
~. Results
B.l. Logs
Log of Boring sheets indicating the depths and identifications of the various soil strata, penetration
resistances, laboratory test data and groundwater observations are attached. The strata changes were
inferred from the changes in the penetration test samples and auger cuttings. It should be notes that
the depths shown as changes between the strata are only approximate. The changes are likely
transitions and the depths of the changes vary between the borings.
Geologic origins presented for each stratum on the Log of Boring sheets are based on the soil types,
blows per foot, and available common knowledge of the depositional history of the area.
B.2. Site Conditions
The proposed sites are located adjacent to School and Mud Lakes. The sites have numerous hills and
a few small wetlands shown on the provided sketches. The sites are currently being fanned.
B.3. Materials Encountered
B.3.a. Topsoil. The borings generally encountered approximately 1/2 to 2 feet of topsoil at the
surface. The topsoil consisted of dark brown to black clayey sand, silty sand, lean clay and organic
clay. At the locations of Borings P-8, ST-I 1, ST-12 and ST-20, however, the topsoil extended to
depths of 4 to 5 feet. The topsoil was moist to wet.
B.3.b. Alluvial Soils. At approximately half of the boring locations, soils consisted of alluvial
clayey sand, silty sand, poorly graded sand with silt, and lean clay, were encountered beneath the
topsoil. The alluvial soils extended to depths of approximately 4 to 14 feet. The alluvial soils were
generally brown or gray and moist although, at lower elevations throughout the site, the soils were
wet.
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Contractors Property Developers Company
Project BPDX-99-141A
December 15, 1999
Page 4
B.3.c. Glacial Till. Where alluvial soils were not encountered beneath the topsoil glacial till was
encountered. The till was also encountered beneath the alluvial soils. The till generally consisted of
moist, brown or gray clayey sand and lean clay.
B.3.d. Outwash. In Boring ST-2, poorly graded sand (glacial outwash) was encountered beneath
the till. The outwash was brown and moist.
B.3.e. Swamp Deposits. Boring ST-15 encountered swamp deposits consisting of peat and organic
clay to the 24 foot depth. These soils were brown to black and wet.
B.3.e. Penetration Resistances. During drilling, penetration resistance tests were performed in the
borings and the results are shown on the corresponding Log of Boring sheets in the column marked
"BPF" (blows per foot). These values provide and indication of the soils relative strength. Table 1
summarizes the results of the penetration test data and provides our interpretive comments.
Table 1. Penetration Resistance Data
Material/Soil Predominate Soil Types Penetration Resistances Comments
Origin
Alluvium clayey sand, silty sand, lean 1 to I3 BPF in clayey soils, very soft to stiff; generally
clay and poorly graded sand most in the range of 6 to 10; medium to rather stiff (clays)
with silt 4 to 16 in granular soils, with very loose to medium dense,
an avg. of 11 BPF generally loose (sands)
Till clayey sand, lean clay 6 to 89 BPF, most in the range medium to hard, generally
of 9 to ] 6 BPF rather stiff to stiff
Outwash poorly graded sand 20 to 2s BPF medium dense
Swamp Deposit peat and organic clay WH* very loose/very soft
• wti indicates that the weight of the sampler alone was sufficient to cause 1 foot of penetration.
B.4. Groundwater Measurements
Although a static groundwater level was not observed in many of the borings during drilling, wet
soils were observed in samples collected in nearly all of the borings. After the auger had been
withdrawn from the holes, groundwater was not observed to cave-in depths ranging from 3 to 16
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Contractors Property Developers Company
Project BPDX-99-141A
December 15, 1999
Page 5
feet. Only Boring ST-15 encountered groundwater after withdrawal of the auger. The water was
encountered at a depth of 12 feet below the surface, which corresponded to an elevation of 950.
The soils encountered are generally fine-Grained and tend to release water slowly. Thus it was likely
that insufficient time was available after auger withdrawal to allow groundwater to seep into the
holes. For this reason, we installed temporary piezometers in Borings P-1, P-5, P-7, P-$ and P-10.
Additional water level monitoring was done in order to define and further evaluate the static water
level. Table 2 presents the results of our extended monitoring at the piezometer locations.
"fable 2. Piezometer Groundwater Elevation 'T'abulation
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Measured Groundwater Elevations°
Boring ~7umber Surface Elevation 10/]2/99 20/18/99 10/27/99
P-1 953.8 ne ne ne
P-~ 950.4 ne ne 936 ;h
P-7 966.3 953 954 952 '/
P-8 943.9 945 944 945
P-] 0 950.9 ne ne ne
r~ rtevauons were rounaea to the nearest v2 toot. ne mmcates arounowater not encounterea.
Groundwater Ievels in the piezometers ranged from elevations 936 I/2 to 954, however, for
comparative purposes, the Department of Natural Resources (DNR) has determined that School and
Mud Lakes have an ordinary high water level (OHWL) of 947.3.
Seasonal and annual fluctuations of groundwater levels, and variations in the presence, number and
volume of perched groundwater deposits at the site, should be anticipated. At this site we anticipate
fluctuations in unison with the Iakes.
B.S. Laboratory Tests
Results of our laboratory tests are presented in the following table. Although some laboratory tests
do not measure the engineering properties of subsurface materials directly, they can be used to
estimate them empirically.
Contractors Property Developers Company
Project BPDX-99- 141 A
December I5, 1999
Page 6
Table 4 Laboratory Test Results Summary
Boring
Number Sample
Depth Class. MC" P2006 OC` DDd LL` PIr
ST-2 2 '/' clayey sand 20 39 --- --- --- ---
ST-3 2 '/' lean clay 28.8 --- --- --- 36.2 18.5
ST-4 2 !~z' clayey sand 17 41 --- --- ---
P-~ 2 ',~z'
5'0 lean clay
lean clay 19
17.8 62
--- ---
--- ---
--- ---
303 ---
12.7
P-8 7 './z'
l0' lean clay
lean clay 31
31.5 87
--- ---
--- ---
--- 39.1
--- ---
16.3
P-10 7 %' clayey sand 17 42 --- --- ---
ST-17 2 Y~' clayey sand 14.9 47? --- --- --- ---
ST-20 ~' lean clay 26.4 51.6 --- --- --- ---
Moisture content as a percent of sample dry weight.
'' Combined percent silt and clay of sample dry weight.
` Organic content as a percent of sample dry weight.
'' Dry density.
` Liquid limit as a percent of sample dry weight.
r Plastic index as a percent of sample dry weight.
C. Analyses and Recammendations
C.1. Proposed Construction
Mr. Ed Hasek of Westwood indicated that the proposed development will include approximately 100
to 1 l O lots for single family residences. Sanitary sewers and watermains will also be installed. After
backfilling the utility trenches, roadways will be constructed.
Mr. Hasek also indicated the proposed residences will generally be look-out or walk-out homes with
lowest floor elevations set at least 4 feet above the OHWL of the lakes. This elevation would
correspond to approximate elevation 951 '/2. The proposed residences will generally be one to two
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December 15, 1999
Page 7
story, wood-framed structures supported on shallow spread footing foundations. We anticipate that
the footing loads for these homes will not exceed 2,000 pounds per lineal foot of wall (plf).
We have assumed that the roads will have a relatively low volume of traffic, used primarily by
automobiles and light duty trucks and occasionally by refuse and delivery vehicles. We have further
assumed that axle loads for the automobile and light duty tnicks will generally not exceed 7 tons and
axle loads for the refuse and delivery trucks will not exceed 10 tons.
The pipe size and placement depth of the proposed watermains and sanitary sewers were not
finalized at the time of this report. We have assumed that they will be placed less than 15 feet below
existing grades.
We have further assumed that there will be no homes constructed in the vicinity of Boring ST-15,
which encountered swamp deposits to a depth of 24 feet.
If our understanding of the proposed construction is not correct, if the achaal structural loads exceed
the assumed values, or if the design or location of the proposed residences change, we should be
informed. Additional analyses and revised recommendations may be necessary.
C.2. Evaluation of the Boring Data
C.2.a. Building Support. A comparison of the borehole surface elevations and the anticipated floor
elevations indicate that most of the structures' footings will be underlain with alluvial or glacial
soils, some of which were wet and soft. Such soils should not be depended on to provide direct
support to 2,000 plf footings. Provisions should be made to remove portions of these soils from
below the footings and replace them with compacted backfill. The softest of these soils appeared to
be located near Borings ST-3, P-3 and ST-12.
Although relatively competent soil may be encountered in most building areas, additional
subexcavations may be required depending on the condition of the soils at the time of construction.
Clayey soils are moisture- and strength sensitive, and exposure inclement weather and disturbance
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Project BPDX-99-141 A
December 1 ~, 1999
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during construction could render them unstable, requiring partial removal. We highly recommend
that all footing excavations be observed by a soils technician at the time of construction to help
evaluate actual versus recommended subexcavation depths.
Excavations to remove the unsuitable soils should be oversized (widened) to provide lateral stability
for the backfill. We recommend the bottoms of the subexcavations be oversized 1 foot beyond the
edges of the footings for each foot of subexcavation below the bottoms of the footing (1:1
oversizing).
In any case, it is our opinion that, where very soft to rather soft and/or wet soils are exposed,
sufficient stability can be achieved by providing 2 feet of compacted backfill beneath the building
footings.
Since the excavation spoils will likely be wet and the excavation bottoms will likely be wet, we
recommend replacing these soils with "clean" coarse sand. Such materials are not likely to be found
on-site in large quantities. Perched water may increase the volume of excavation required by
softening exposed competent soils.
It is also important that we recommend the site be graded to prevent water from ponding in building
areas. If the subgrade soils become wet and dishirbed, it may be necessary to remove even more soil
and replace it with drier backfill.
C.2.b. Pavement Support. Generally, the clayey soils encountered in the borings are suitable for
pavement support. Pavement performance could, however, still be affected by the variable
composition and competence of these soils. The effects of variable soils on pavements are also more
severe than on slabs, mainly because pavement subgrades are subject to seasonal freezing and
thawing. Such effects could be compounded by perched groundwater within a few feet of the
proposed pavement subgrades.
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In areas where rather soft clays are present eve recommend removing them to a depth of at least 2
feet below subgrade elevations, and replacing them with compacted backfill. Grading in the
pavement areas should also be performed during dry weather to limit construction delays.
Due to the fine-grained nature of the soils and perched groundwater, a stabilization geotextile may be
needed in extreme circumstances. Consideration may also have to be given to using a sand
cushion/subbase instead of excavated clayey soils as backfill, to enhance subgrade stability,
especially during wet weather.
Sand used in compacted cushions below the pavements will drain more freely than the clayey soils
on which they lie. Because the sand could act as a reservoir for surface drainage and groundwater,
reducing subgrade strengths and contributing to frost heaving, we recommend that subdrains be
installed in the sand cushion.
C.2.c. hTtility Support. Utility excavations in the native soils may require-shallow subexcavations
to allow placement of stable bedding and facilitate installation. Subexcavation may also be
necessary where the trench subgrades are wet and-become easily disturbed. The pipe bedding should
consist of a coarse, free-draining aggregate to facilitate the removal of seepage occurring from the
excavation sidewalk and bottoms. Subexcavations on the order of 1 to 2 feet should provide
sufficiently stable bedding to facilitate utility installation and dewatering.
Dewatering may be necessary during installation of some of the utilities and should perched water
enter the subexcavations for the house lots.
C.Z.d. Reuse of On-Site Soils as Excavation Backfill and Required Fill. The boring data
indicates that the clayey soils were generally moist to wet. We anticipate that perched or trapped
water has made them wet. This being the case, and considering the fine-grained consistency of these
soils, it is our opinion that they will be very difficult to reuse unless they can be dried. Drier soils of
similar composition could be imported to the site to balance fills or replace wet soils removed from
excavations.
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Imported sands should spread and compact more easily over wet and potentially unstable subgrades
and excavation bottoms, particularly if wet. Additionally; it should be possible to spread and
compact sand in somewhat thicker lifts, and under variable weather. These advantages should also
limit contractor down-time and delays due to recompaction of poorly compacted; marginal soils.
Importing sand exclusively would also limit the number of potential borrow sources.
C.2.e. Groundwater Considerations. In general, placing the lowest floor 4 feet above the OHWL
(elevation 947.3) of the lakes, which corresponds to an elevation of approximately 951 %2 should be
adequate. However, based upon the soil boring and piezometer information a higher floor elevation
may be necessary near Borings P-7 and ST-15. At these locations. the highest observed groundwater
level may be above the proposed slab levels. As a precautionary measure against water level
variations, Federal Housing Administration (FHA) recommends that floor slabs be located at least 4
feet above the known groundwater level.
Wet and waterbearing soils (perched groundwater) will likely be encountered throughout the
building area; footing trenches and subexcavations. Provisions for dewatering and these excavations
and diverting water away from the construction area should therefore be anticipated.
C.3. General Site Preparation
C.3.a. Excavations/Subexcavations. We recommend completely removing vegetation, topsoil and
organic deposits within the proposed building pads. We further recommend that where soft or rather
soft and wet soils are exposed, such as those encountered in Borings ST-3, P-8 and ST-12 they be
removed from beneath the buildings to a depth minimum depth of 2 feet, or to a competent bearing
strata, whichever is less.
The subexcavations should be oversized to provide lateral stability for the backfill. The bottoms of
the subexcavations should be oversized 1 foot beyond the edges of the footings for each foot of
subexcavation below the bottoms of the footing (1:1 oversizing). Loosened soil in the bottoms of the
excavation should be compacted prior to backfilling.
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Project BPDX-99-141 A
December l5. 1999
Page 1 1
C.3.b. Available Backfill and Fill. As mentioned previously, the on-site clayey soils will likely be
wet and will likely be very difficult to reuse unless they can be sufficiently dried. Sand, silty sand,
clayey sand or sandy lean clay with plastic indices less than I S may be used provided they are within
2 to 3 percent of their optimum moisture contents and can be adequately compacted. Sand is the
preferred material especially in the bottom of a wet excavation.
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For ease of compaction we also recommend that the initial lifts of backfill or fill be a clean sand. We
recommend the sand have less than 50 percent passing a 40 sieve and less than 5 percent of its
particles by weight passing a 200 sieve. If the bottom of the excavations are wet the sand backfill
should be used until it is a minimum of 18 inches above the wet bottom or water.
The backfill should be placed in lifts, and each lift should be compacted to a minimum of 9S percent
of its maximum dry density determined in accordance with American Society for Testing and
Materials (ASTM} Method of Test D 698 (standard Proctor).
C.4. Footings
C.4.a. Depth. We recommend that the perimeter footings bear a minimum of 3 1/2 feet below
adjacent exterior grades for frost protection. Interior footings may be placed immediately beneath
the slab.
C.4.b. Subexcavations. To provide adequate bearing capacities and to limit footing settlements, we
recommend subexcavations as recommended in Section C.3.a. above.
C.4.c. Allowable Bearing Pressure. If the site has been prepared as recommended above, it is our
opinion that the footings may be designed to exert a net allowable bearing pressure up to 2,000
pounds per square foot. This bearing pressure includes a factor of safety of at least three with regard
to punching failure.
C.4.d. Settlement. After the site has been prepared as recommended above, we anticipate total
settlement of the foundations will be less than l inch under the assumed loads and differential
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December I S, 1999
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settlement will be less than '/~ inch. Residences similar to those proposed can generally tolerate
settlements of this magnitude.
C.4.e. Subsurface Nall Backfill and Lateral Earth Pressure. We recommend that backfill
against the subsurface walls be compacted to a minimum of 90 percent of its standard Proctor
maximum dry density. Beneath steps, exterior slabs and pavements, it should be compacted to a
minimum of 95 percent. Interior wall backfill should be compacted to 9~ percent. The walls should
be braced prior to backfilling.
The lateral earth pressure used for the design of walls will depend on the material used to backfill the
wall. The active and passive coefficients of lateral pressure may be employed only if movement of
the wall can be tolerated to reach the active state. If movement cannot be tolerated, we recommend
using the at-rest coefficients to design the wall. Table 4, below. provides lateral earth pressure
coefficients for relatively clean sand and clavev soils. which we assume will be used to backfill the
walls. These values do not include a safety factor.
Table 4. Earth Pressure Coefficients
Earth Pressure Coefficients
Soil Types Assumed Wet Density
(pct
Active (Ka)
Passive (Kp)
At-Rest (Ko)
Clayey (CL or SC) 130 0.35 2.9 0.47
Sand (SP or SP-SM) 125 0.30 3.3 0.40
C.4.f. Seepage Control. The lowest level will likely be surrounded by clay soils. If water
percolates down alongside the walls, it may become perched on a clay layer and then enter the lowest
Ievel through shrinkage cracks in the concrete. Collecting run-off and discharging it well away from
the foundations and sloping the ground surface down and away from the lowest level walls are two
common methods of reducing infiltration and percolation.
As a precaution against seepage into the lowest level, we recommend installing a perimeter
foundation drain system. The system should include a perforated pipe with a invert within 2 inches
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of bottom-of-footing elevation. Collected seepage should be routed to a sump and then drained by a
pump or gravity to a storm sewer or low area on the site.
The seepage control system should include permeable material against the lowest level wall, such as
a synthetic wall drainage system or at least 2 feet (horizontal) of permeable sandy gravel or sand
backfill. The sandy gravel or sand backfill should have less than 5 percent of the particles by weight
passing a 200 sieve. Where the sandy gravel or sand backfill extends outside the footprint of the
building, it should be capped by a slab, pavement or at least 1 foot of topsoil and clay.
If less than a 4-foot separation is provided between The lowest level floors and the recommended
high groundwater elevation of 947.3, we recommend a subfloor drain system be installed. The
system should include a geotextile filter fabric over the soil subgrade, a layer of drainage gravel, and
drain pipes leading to a sump.
C.S. Floor Slabs
C.S.a. Subgrade Modulus. The anticipated floor subgrade is compacted clayey soils. It is our
opinion that a modu}us of subgrade reaction, k, of I50 pounds per square foot per inch of deflection
(pci) may be used to design the floor.
C.S.b. Vapor Retarder/Barrier. Excess transmission of water vapor could cause floor dampness,
certain types of floor bonding agents to separate, or floor coverings to mildew. If floor coverings or
coatings less permeable than the concrete slab will be used, of if moisture is a concern, we
recommend that a vapor retarder or barrier be installed. Industry standards generally recommend
burying the vapor retarder or barrier beneath a layer of sand to reduce curling and shrinkage of the
concrete. Precautions should be taken however, to limit the risk of trapping water between the slab
and vapor retarder or barrier. To preserve any warranty assurances, we recommend consulting with
and adhering to the floor covering manufacture's recommendations regarding the appropriate type,
use, and installation of the vapor retarder or barrier
Contractors Property Developers Company
Project BPDX-99- I41 A
December 1 ~, 1999
Page 1 d
C.b. Exterior Slabs
C.6.a. Subgrades. We recommend that topsoils and organic soils be removed from beneath the
proposed slabs. Fills and backfills should be compacted to a minimum of 95 percent of their
standard Proctor maximum dry densities.
C.6.b. Frost Protection. Clayey soils are frost susceptible soils. If these soils become saturated
and freeze, I to 2 inches of heave may occur. This heave can be a nuisance for slabs or steps in front
of doors and at other critical grade areas. One way to reduce this heave is to remove the frost-
susceptible soils down to bottom-of-footing level and replace them with non-frost-susceptible sand
or sandy gravel. Sand or sandy gravel with Less than 5 percent of the particles by tiveight passing a
200 sieve is non-frost-susceptible.
An alternative method of reducing frost heave is to place a minimum of 2 inches of extruded
polystyrene foam insulation beneath the slabs and extending about 4 feet beyond the slabs. The
insulation will reduce frost penetration into the underlying subgrade and thereby reduce heave. Six
to 12 inches of Granular material is generally placed over the insulation to protect it during
construction.
A second alternative for reducing frost heave is to support the steps or slabs on frost-depth footings.
A void space of at least 4 inches should be provided between the bottoms of the steps/slabs and frost-
susceptible soils to allow the soils to heave without affecting the steps/stabs.
C.7. Utilities
C.7.a. Subgrade Preparation. Utility excavations may expose wet or soft soils, and may be subject
to seepage through the excavation sidewalk and bottoms. Where soft soils are encountered, where
the soils become disturbed from construction equipment, or where seepage is encountered, we
recommend replacing the upper 1 to 2 feet of the subgrade soils with a stabilizing aggregate (1 I/2
inch minus). In addition to stabilizing the excavation bottoms, the stabilizing aggregate will serve as
a reservoir from which water can be pumped.
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C.7.b. Backfilling and Compaction. Backfill placed over utilities may consist of available non-
organic on-site or imported soils that can be adequately compacted. For ease of compaction,
however, sands are preferred. Clayey soils will be more difficult to compact, particularly if wei.
We recommend compacting utility backfill placed below exterior slabs, and more than 3 feet below
pavement subgrades, to at least 95 percent of its maximum standard Proctor density. Backfill placed
beneath interior slabs should be compacted to 98 percent and backfill placed within 3 feet of
pavement subgrades should be compacted to at least 100 percent.
C.8. Pavements
C.B.a. subgrade Support and Effect of Weather on Construction. We have assumed the soils
encountered in the borings will be present in the roadway. If these soils are maintained near
optimum moisture and recompacted, they should, in our opinion, be suitable for pavement support.
Clayey soils, however, are moisture sensitive such that they will be difficult to compact if they are
wet or become wet. Perched water encountered during site grading will also cause the subgrade soils
to become unstable and hamper constniction effort.
In general, the months of June, July, and August are favored for grading operations, particularly
when clayey subgrade soils are wet and may require drying. Cooler temperatures and rainy weather
conditions in September and on into October tend to slow or delay grading and paving operations.
All paving should be completed as soon as possible, preferably before mid September, to limit
surface water infiltration into the moisture sensitive clayey soils. Clay soils which become saturated
during late fall will not become adequately dry, provide limited support to heavy construction traffic,
and will likely require subexcavation and backfilling with drier imported sand prior to paving
operations.
C.8.b. Excavations and Removals. We recommend all surface vegetation, topsoil, wet clays, and
organic soils in the proposed pavement areas which are present within the top 3 feet of the pavement
subgrade be removed. In fill areas where more than 3 feet of fill will be placed to achieve top of
subgrade elevation, the soft clays can remain in-place. After stripping, we recommend the resulting
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subgrade be scarified, moisture-conditioned to a moisture content near optimum, and compacted to a
minimum of 95 percent of its standard Proctor maximum dry density. Where fill is required, we
recommend that it be similarly moisture-conditioned and compacted. If there are areas which cannot
be compacted, we recommend that the unstable materials be subexcavated to a depth of 2 feet and be
replaced by materials which can be compacted.
C.B.c. Anticipated Subgrade. After the preparation, we anticipate the subgrade will be compacted
on-site soils, which should be a blend of compacted lean clays, clayey sand, silty sand and poorly
graded sands. Laboratory tests to determine the resistance (R) values of these soils were not
included in our scope of services. Based on Table 5-3.2(a) of the Minnesota Department of
Transportation (Mn/DOT) Geotechnical and Pavement Design Manual, however, we recommend
assuming an R value of 12.
C.8.d. Proofrolls. Before placing the aggregate base, we recommend the pavement areas be
proofrolled to help detect soft areas. As a final check after placing the aggregate base, we
recommend the area again be proofrolled. This precautionary measure will assist in detecting
localized soft spots. Any salt spots noted during the proofrolling process should be subexcavated,
replaced with drier soils, and compacted. A qualified geotechnical engineer should observe the
proofrolling process to make a final evaluation of the subgrade.
C.8.e. Materials and Compaction. We recommend all backfill and fill placed beneath proposed
pavements be compacted to a minimum of 95 percent of the standard Proctor maximum dry density
up to within 3 feet of the final subgrade elevations. We recommend all fill placed in the top 3 feet of
the pavement subgrades be compacted to a minimum of 100 percent.
We recommend specifying crushed gravel base meeting the requirements of Mn/DOT Specification
3138 for Class 5. We recommend that the bituminous surface meet the requirements of Specification
2341 and that the bituminous base meet specification 2331. We recommend that the crushed gravel
base be compacted to a minimum of 100 percent of the standard Proctor maximum dry density. We
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Contractors Property Developers Company
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December 15. 1999
Page 17
recommend that the asphaltic concrete surface be compacted to a minimum of 95 percent of the
Marshall density.
Where a sand subbase is placed beneath the proposed gravel surfacing, we recommend the sand meet
the requirements for either Mn/DOT Specification 3149.2B2 for select granular material or
Specification 3138 for Class 3 Subbase.
D. construction
D.1. Excavation
It is our opinion that the soils encountered by the borings can be excavated with a backhoe, front-end
loader or scraper. The borings indicated that the soils in the sidewalk of the excavations will be
Type B soils under Department of Labor Occupational Safety and Health Administration (OSHA}
Guidelines, except where seepage makes them Type C.
We recommend that low-ground-pressure tracked equipment whenever possible to prevent excessive
rutting of subgrades.
D.2. Dewatering
Dewatering may be necessary during installation of some of the utilities and excavation of the house
lots. When excavating below groundwater in clayey soils, we anticipate it will be possible to
dewater the utility trenches and excavations with sumps and pumps located in the trenches and low
points of excavations
D.3. Observations
We recommend that all excavation, footing, slab and pavement subgrades be observed by a
geotechnical engineer to evaluate if the subgrade soils are similar to those encountered by the
borings, adequate to support the proposed construction and adequately oversized. The se
observations should be conducted prior to placing backfills, fills or forms for footings.
Contractors Property Developers Company
Project BPDX-99-141A
December I5, 1999
Page 18
D.4. Backfill and Fills
Site soils which will be excavated and reused as backfills and fills will likely be wet of optimum.
We anticipate it will be necessary to dry these soils to achieve the recommended compaction. We
recommend that backfills and fills be placed in lifts not exceeding 4 to 12 inches, depending upon the
size of the compactor and material used.
D.S. Testing
We recommend density tests of backfills and fills placed beneath footings, slabs and pavements. We
also recommend density testing of the compacted pavement sttbgrade and gravel base course.
Samples of proposed backfill and fill materials should be submitted to a testing laboratory at least
three days prior to placement for evaluation of their suitability and determination of the optimum
moisture content and maximum dry density.
We recommend at least one density test be performed for every 1 foot of fill placed in the building
areas and every 5,000 square feet of pavement area, with at least one test for every 2 vertical feet of
fill placed. At least one compaction test should be taken for every 100 feet of footing trench backfill
and one for every 300 feet of utility trench backfill at vertical intervals not exceeding 2 feet.
Table 5. Summary of Minimum Compaction Recommendations
Backfill Areas Recommended Compaction ASTVI D 698 (standard Proctor)
Fi11 below footings 95
Fili below interior slabs 95
Interior utility trench backfill 95
Fill below exterior concrete slabs 95
Fill below pavements
-less than 3 feet below grade
-more than 3 feet below grade
100
95
Exterior utility trench backfill 95
Landscaped areas 90 %
-- a uuuues are ~eneam pavements. use compaction recommenaanons for pavements.
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We recommend slump, air content and strength tests of Portland cement concrete.
I' D.S. Cold Weather
If site grading and construction is anticipated during cold weather, we recommend that good winter
construction practices be observed. All snow and ice should be removed from cut and fill areas prior
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to additional grading. No fill should be placed on soils which have frozen or contain frozen material.
No frozen soils should be used as fill.
Concrete delivered to the site should meet the temperature requirements of ASTM C 94. Concrete
should not be placed upon frozen soils or soils which contain frozen material. Concrete should be
protected from freezing until the necessary strength is attained. Frost should not be permitted to
penetrate below footings bearing on frost-susceptible soil since such freezing could heave and crack
the footings and/or foundation walls.
E. Procedures
E.1. Drilling and Sampling
The penetration test borings were performed on October 5; 6, 26 and 27, 1999, with an off road-
mounted core and auger drill 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.'' Using this method, we advance the bore hole with the hollow-stem
auger to the desired test depth. A 140-pound hammer falling 30 inches was then used to drive the
standard 2-inch spilt 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 10-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.
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Prior to withdrawing the hollow-stem auger from Borings P-I, P-5, P-7, P-8 and P-10 a piezometer
with a 5 -foot long screen section at the bottom was placed. Sand was placed around the screen.
After the auger had been withdrawn from the boring, the remainder of the annulus was backfilled
with cuttings.
E.2. Soil Classification
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Soils encountered in the borings were visually and manually classified in the field by the crew chief
in accordance with ASTM D 2488, "Description and Identification of Soils (Visual-Manual
Procedures)". A summary of the ASTM classification system is attached. A11 samples were then
returned to our laboratory for review of the field classifications by a soils engineer. Representative
samples will remain in our St. Paul office for a period of 60 days to be available for youur
examination.
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E.3. Groundwater (3bservations
Immediately after taking the final samples in the bottoms of the borings, the holes were probed
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 immediately backfilled.
The piezometers were read once per week for three weeks following installation.
F. General Recommendations
F.1. F.1. Basis of Recommendations
The analyses and recommendations submitted in this report are based upon the data obtained from
the soil borings performed at the locations indicated on the sketch included in the Appendix. Often,
variations occur between these borings, the nature and extent of which will not become evident until
additional exploration or construction is conducted. A re-evaluation of the recommendations of this
report should be made after performing on-site observations during construction and noting the
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characteristics of the variations. The variations may result in additional costs, and it is suggested that
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a contingency be provided for this purpose.
It is recommended that we be retained to perform the observation and testing program for the site
preparation phase of this project. This will allow us to correlate the soil conditions encountered
during construction to the soil borings, and will provide continuity of professional responsibility.
F.2. Review of Design
This report is based on the design of the proposed residences as submitted to us for preparation of
this report. It is recommended that we be retained to briefly review the final design and
specifications. With this review, we will evaluate whether any changes in design have affected the
validity of our recommendations, and whether our recommendations have been correctly interpreted
and implemented in the design and specifications.
F.3. 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.
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F.4. Use of Report
This report is for the exclusive use of Contractors Property Developers Company and their
representatives to use to design the proposed residences described herein 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
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December 15, 1999
Page 22
absence of our written approval, we make no representation and assume no responsibility to other
parties regarding this report.
I~.j. I.e~el of Care
Services performed by Braun Intertec Corporation personnel 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.
Professional Certification
I hereby certify that this report was prepared by
me or under my direct supervision and that I am
a duly Registered Professional Engineer under
the laws of the State of Minnesota.
rpts\p9141 a2. doc
Registration Number: 21153
Date: December 9, 1999
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oil boring locations
~,
I NEE R~E~
Geotechnical Evaluation
Proposed Housing Developments
Albertville, Minnesota
t
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fIGURE#
~R~UN
LOG OF BORING
INTERTEC
PROJECT
BP
:
DX-99-141A BORING: P-1
Geotechnical Evaluation
Proposed Rousing Development LOCATION:
Balfany Property See attached sketch. Offset 30' N of
Albertville, Minnesota staked location.
CREW CHIEF:Niesen METHOD: 3 I/4" HSA, Autohamr DATE: 10/6/99 SCALE: 1" = 4'
Elev. Depth ASTM
953.8 0.0 Symbol Description of Materials BPF L Tests or Notes
953.0 0.8 SC CLAYEY SAND, black, moist.
SC :r _ : (Topsoil) Ground surface elevations at
- CLAYEY SAND, brown, moist, stiff. the bore hole locations were
`:
(Alluvium)
13
provided by Westwoo;
Professional Services, Inc.
949.8 4.0
SC CLAYEY SAND, brown with gray, moist, medium.
(Alluvium) 8
946.8 7.0
SC :..~ CLAYEY SAND, with trace of Gravel, brown with 12
iron stains, moist, rather stiff.
(Glacial Till)
~ 9
' ~ 12
12
936.8 17.0 -
SC CLAYEY SAND, with trace of Gravel, gray, moist,
:. stiff.
'_ ~ (Glacial Till)
~:`
- _
16
3.3 20.E
END OF BORING.
Water not observed with 19 feet of hollow-stem
auger in the ground.
Water not observed to cave-in depth of 13 feet
immediately after withdrawal of auger.
Pi
ezometer installed.
BPDX-99-141A Braun Intertec - 12/8/99 P-1 page 1 of 1
~~~~~
INTERTEC
LOG OF BORING
PROJECT: BPDX-99-141A BORING: $T-2
Geotechnical Evaluation
Proposed Housing Development LOCATION:
Balfany Property See attached sketch.
Albertville, Nlinnesota
CREW CHIEF:Niesen METHOD: 3 1!4" HSA, Autohamr DATE: 10/6/99 SCALE: 1" = 4'
Elev. Depth ASTM
954.3 0.0 Symbol Description of Materials BPF L Tests or Notes
953.4 0.9 SC ;l CLAYEY SAND, dark brown, moist-
SC = ~ (Topsoil)
CLAYEY SAND, with trace of Gravel, brown,
,~~ moist to wet, medium to rather stiff. 12 P200 = 39%
~~~-~ (Glacial Till) ~~ MC = 20%
9
i.
9
~ 7
'~
%: ;
942.3
12.0 y
F.
SP POORLY GRADED SAND, fine-grained, brown, 23
moist, medium dense.
(Glacial Outwash)
25
936.3 18.0
SP POORLY GRADED SAND, fine- to
-" medium-grained, brown, moist, medium dense.
(Glacial Outwash) 20
3.8 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 14 1/2 feet
immediately after withdrawal of auger.
Boring then backfilled.
i,i LA-JJ-IY1H nraun lnaer~ec - iliaiyy S'1'-Z page 1 of 1
~w ~ ^®u-
11`1 I L-\i LL
LOC ~F S®~tNG
PROJECT: BPDX-99-141A BORING: $T-3
Geotechnical Evaluation
Proposed Housing Development LOCATION:
Balfany Property See attached sketch. Offset 20' W. of
Albertville, 1Vllnnesota staked location.
CREW CHIEF:Niesen METHOD: 3 1/4" HSA, Autohamr DATE: 10!6/99 SCALE: 1" = 4'
Elev. Depth ASTM
.947.6 0.0 Symbol Description of Materials BPF L Tests or Notes
OL r` ` ' ORGANIC CLAY, black, wet.
(Topsoil)
945.9 1.7
CL SANDY LEAN CLAY, gray, wet, soft. 3
~ (Alluvium) LL = 362%
943.6
4.0
. ~~
~% PL = 17.7%
MC
22
8%
SC f- : CLAYEY SAND, gray with iron stains, wet, very =
.
soft. ~ ~VH/
?y-
~f (Alluvium) '
940.6 7.0 /:
SC _: CLAYEY SAND, with trace of Gravel, gray, wet, 9
medium to rather stiff. ;
~
(Glacial Till)
f: F
8
,~
`
r
_
8
7.1 20.5
END OF BORING.
Water not observed with 19 1/2 feet of hollow-stem
auger in the ground.
Water not observed to cave-in depth of 16 feet
immediately after withdrawal of auger.
Boring then backfilled.
nraun in[enec - 1~iuiyy J'1'-3 page 1 of 1
~ R~ii ICI`
INTERTEC
LOS OF ~ORINC
PROJECT: BPDX-99-141A BORING: ST-~
Geotechnical Evaluation
Proposed Housing Development LOCATION:
Balfany Property. See attached sketch.
Albertville, Minnesota
CREW CHIEF:Niesen METHOD: 3 1/4" HSA.Autohamr DATE: 10/Si99 SCALE: I" = 4'
Elev. Depth ASTM
951.6 0.0 Symbol Description of Materials BPF L Tests or Notes
950.8 0.8 CL ; ~
~ SANDY LEAN CLAY, dark brown, moist.
SC ~
- (Topsoil)
i
CLAYEY SAND, gray with iron stains, moist,
= rather stiff. 10 P200 = 41
'~ (Alluvium) MC = 17%
947.6 4.0
SC _ CLAYEY SAND, with a little Gravel, brown with
iron stains, moist, medium to rather stiff. 9
~ (Glacial Till}
~. 8
'y ~ I2 ~
- ~
j
i
19
~~
937.6 14.0
CL ~' SANDY LEAN CLAY, with trace of Gravel, brown
j with iron stains, moist, stiff to very stiff. 23
i (Glacial Till)
15
1.1 20.5
END OF BORING.
Water not observed with 19 feet of hollow-stem
auger in the ground.
Water not observed to cave-in depth of 15 1/2 feet
immediately after withdrawal of auger.
Boring then backfiIled.
nr„n-y7-iyiri nralln lnierLCC - tl/i51YY 3"1'-4 page 1 of 1
~~~~+
lNTERTEC
LOG OF ROR(NG
PROJECT: BPDX-99-141A BORING: ~-~
Geotechnical Evaluation
Proposed housing Development LOCATION:
Balfany Property See attached sketch.
Albertville, Minnesota
CREW CHIEF:Niesen METHOD: 3 1/4" HSA, Autohamr DATE: IO/~/99 SCALE: 1" = 4'
Elev. Depth ASTM
950.4 0.0 ~
Symbol Description of Materials BPF L Tests or Notes
949.6 0.8 SC l CLAYEY SAND, with organic fines, dark brown,
CL j moist.
(Topsoil} ~
.SANDY LEAN CLAY, gray, moist to wet, rather 12 P200 = 62 ~ ~
stiff. MC = 19%
946.4 4.0 (Glacial Till)
CL ~% SANDY LEAN CLAY, gray with brown, moist,
,, / rather stiff. 9 ~
(Glacial Till) LL = 30.3 %
PL = 17.6 ~o
943.4 7.0 , MC = 17.8%0
SC CLAYEY SAND, with trace of Gravel, brown with ll
iron stains, moist, rather stiff to stiff.
~= %
f
~ (Glacial Till) ~
.
;;
10
i_
~ ~. ~ 10
16
23
9.9 20.5 -. with layer of Poorly Graded Sand with Silt at 20 feet
END OF BORING.
Water not observed with 19 feet of hollow-stem
auger in the ground.
Piezometer installed.
nrnun iutenec - tataiyy Y-5 page 1 oi-1
INTERTEC
L®G ~F B~R1111('a
PROJECT: BPDX-99-141A BORING: $T-6
Geotechnical Evaluation
Proposed Housing Development LOCATION:
Balfany Property See attached sketch.
Albertville, Minnesota
CREW CHIEF:Niesen METHOD: 3 I/4" HSA. Autohamr DATE: 10/5/99 SCALE: 1" _ ~'
Elev. Depth ASTM
952.7 0.0 Symbol Description of Materials BPF L Tests or Notes
951.9 0.8 CL ~ ~ LEAN CLAY, with organic fines, dark brown,
CL j moist. (Topsoil)
/ SANDY LEAN CLAY, with a little Gravel, gray
~ with iron stains, moist, medium. 6
~ (Glacial Till)
8
945.7 7.0
SC CLAYEY SAND, with a little Gravel, brown with 8
iron stains, moist, medium to rather stiff.
=:~ (Glacial Till)
~. l0 I
;_ 12
~l
ll
934.7 18.0
CL SANDY LEAN CLAY, with trace of Gravel, brown
to dark brown, moist, very stiff.
(Glacial Till) 26
2.2 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 14 1/2 feet
immediately after withdrawal of auger.
Boring then backfilled.
nraun intertec - i~iaiyy J7'-b page I of 1
S it~-~1 N"
lNTERTEC
LOG OF BORING
PROJECT: BPDX-99-141A BORING: P-7
Geotechnical Evaluation
Proposed Housing Development LOCATION:
Balfany Property See attached sketch.
Albertville, Minnesota
CREW CHIEF:Niesen METHOD: 3 1/4" HSA, Autohamr DATE: 10!5/99 SCALE: 1" = 4'
Elev. Depth ASTM
966.3 0.0 Symbol Description of Materials BPF L Tests or Notes
SC CLAYEY SAND
black
moist.
965.3 1.0 ,
,
(T
il
SNI opso
)
SILTY SAND, fine-grained, brown, moist, loose.
_ - (Alluvium) 7
10
959.3 7.0
P-S - ~~ POORLY GRADED SAND with SILT, 4
- - fine-grained, brown, moist, very loose to medium
dense. ~
(Alluvium) i
13
954.3 12.0
SC CLAYEY SAND, with trace of Gravel, brown, 15 ~
~. moist, stiff to very stiff. ~
-- (Glacial Till) f
19
--
17 f
5.8 20.5
END OF BORING.
Water not observed with 19 feet of hollow-stem
auger in the ground.
Piezometer installed.
yiauu iu~enec - ic~ai7y r=i page 1 ot~l
~~~~ ~~
lNTERTEC
LOG JF BORING
PROJECT: BPDX-99-141A BORING: P-8
Geotechnical Evaluation
Proposed Housing Development LOCATION:
Balfany Property See attached sketch.
Albertville, Minnesota
CREW CHIEF:Niesen METHOD: 3 1!4" HSA, Autohamr DATE: 10/6/99 SCALE: I" = 4'
Elev. Depth ASTM
948.9 0.0 Symbol Description of Materials BPF L Tests or Notes
. LEAN CLAY, with organic fines, black, moist.
OL ~
(Topsoil)
ORGANIC CLAY, black, moist, medium.
(Topsoil) 8
n
944.9 4.0
CL LEAN CLAY, mixed with Organic clay, gray and
black, wet, rather soft. 5
942.9 6.0 (Alluvium)
CL LEAN CLAY, gray with brown, wet, rather soft.
(Alluvium)
' 4 P200 = 87 %
MC = 31
4
LL = 39.1
PL = 22.8
936.9 12.0 MC = 31.5 %
CL LEAN CLAY, gray, wet, medium. ~ 7
(Alluvium)
934.9 14.0
SC -: CLAYEY SAND, with trace of Gravel, gray, wet,
- medium. 8 ~
'- (GIacial Till}
8.4 20.5 8
END OF BORING.
Water down 15 feet with 19 feet of hollow-stem
auger in the ground.
Piezometer installed.
nrnuii iuaer~ec - iciaiyy r-~S page 1 ot" 1
~RAt1N'
INTERTEC
LOG OF BORING
PROJECT: I3PDX-99-141A BORING: ST-g
Geotechnical Evaluation
Proposed Housing Development LOCATION:
Balfany Property See attached sketch.
A1Bertville, Minnesota
CREW CHIEF:Niesen METHOD: 3 1/4" HSA, Autohamr DATE: 10/6/99 SCALE: 1" = 4'
Elev. Depth ASTM
952.6 0.0 Symbol Description of Materials BPF L Tests or Notes
951.8 0.8 SC =_: CLAYEY SAND, dark brown, moist.
SC (Topsoil}
- CLAYEY SAND, with a little Gravel, brown with
_= iron stains, moist, medium to rather stiff- 9
(Glacial Till)
is
8
946.6 6.0
SC CLAYEY SAND, with a little Gravel, brown with
iron stains, moist, rather stiff to stiff.
-
(Glacial Till) 11
~
-:` 11
is=-.
~-
i
/l
14
938.6 14.0
CL SANDY LEAN CLAY, with trace of Gravel, gray
with iron stains, moist, rather stiff. 12
(Glacial Till)
934.6 18.0
SC CLAYEY SAND, with trace of Gravel, gray, moist,
- rather stiff.
- (Glacial Till) 9
2.1 20.5
END OF BORING.
Water not observed with 19 feet of hollow-stem
auger in the ground.
Water not observed to cave-in depth of 14 feet
immediately after withdrawal of auger.
Boring then backfilled.
nraun uuercec - t~iaiYY J1-Y Page 1 OI 1
~~~~~
I NTE RTEC
LOG OF BORING
PROJECT: BPDX-99-141A BORING: P-1®
Geotechnical Evaluation
Proposed Housing Development LOCATION:
Balfany Property See attached sketch.
Albertville, Minnesota
CREW CHIEF:Niesen METHOD: 3 1/4" HSA, Autohamr DATE: 10/6!99 SCALE: 1" = 4'
Elev. Depth ASTM
950.9 0.0 Symbol Description of Materials BPF L Tests or Notes
SM SILTY SAND, fine-grained, dark brown, moist.
949.7 1.2 (Topsoil)
SC -: CLAYEY SAND, brown to gray, moist, medium.
- (Alluvium) 6
946.9 4.0
SC :;_~: CLAYEY SAND, brown with iron stains, medium.
f. (Alluvium) 7
943.9 7.0
SC CLAYEY SAND, brown with iron stains, moist, 16 P200 = 4210 E
~: stiff. MC = 1710 ~
=-. (Glacial Till) ~
~. with trace of Gravel at 7 1/Z feet ~
- 13 j
938.9 12.0 -
_ f !!
SC CLAYEY SAND, with trace of Gravel, brown, 14
moist, stiff.
=% (Glacial Till)
14
17
0.4 20.5
END OF BORING.
Water not observed with 19 feet of hollow-stem
auger in the ground.
Piezometer installed.
Dl"LA-77-1y1H nraun mtenec - tais~yy Y-lU page 1 of 1
~3tAUN'
LOG OF BORING
INTERTEC
PROJECT: BPDX-99-141A BORING: ST-1 "~
Preliminary Geotechnical Evaluation
'
Proposed Housing Development
Albertville, 1vlinnesota LOCATION:
See attached sketch.
CREW CHIEF:McWilliams METHOD: 3 I/4" HSA, Autohamr DATE: IO/27/99 SCALE: t" = 4'
Elev. Depth ASTM
946.5 0.0 Symbol Description of Materials B PF L Tests or Notes
SM SILTY SAND, fine-grained, dark brown, moist.
(Topsoil}
~
Ground surface elevations at
944.5 2.0 the borehole locations were
SC
:~~
CLAYEY SAND
dark brown; wet..
2 rovided b Westwood
~
~~ ,
. (Topsoil) Profession 1 Services, Inc.
941.5 5.0 6
SC :f: : CLAYEY SAND, with a little Gravel, brown and
gray with iron stains, moist, medium to stiff.
(Glacial Till)
16
937.5 9.0
' SC -
~ CLAYEY SAND, with a little Gravel, gray, moist
. to wet, medium to rather stiff.
8
, (Glacial Till)
~.
/ 9
%r:`
l IO
j:;
9
~6.0 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 3 feet
immediately after withdrawal of auger.
Boring then backfilled.
BPDX-99-141A Braun Intertec - 12/8/99 ST-il page 1 of 1
LOG OF BORING
PROJECT: BPDX-99-141A BORING: ST-12
Preliminary Geotechnical Evaluation
Proposed Housing Development LOCATION:
Albertville, Minnesota See attached sketch.
CREW CHIEF:McWilliams METHOD: 3 1/4" HSA, Autohamr DATE: 10/27/99 SCALE: I" = 4'
Elev. Depth ASTM
943.9 0.0 Symbol Description of Materials BPF L Tests or Notes
SM SILTY SAND, fine-grained, dark brown, moist.
(Topsoil)
941.9 2.0
OL _ ORGANIC CLAY, black, wet, rather soft. 4
(Topsoil)
938.9 5.0 = ~
CL / LEAN CLAY, gray, wet, soft.
(Alluvium)
2
934.9 9.0
SM SILTY SAND, fine-grained, gray, waterbearing,
- loose 5
.
_- - (Alluvium)
~
931.9 12.0
SC ~ CLAYEY SAND, gray, wet, loose. 6
j (Glacial Till)
6
- 7
3.4 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 5 feet
immediately after withdrawal of auger.
Boring then backfilled.
Drauii iu~er~ec - i~iaiyy 9"1"-1Z page 1 of 1
~ w ~ ®^..-
11`! 1 Llil LL
LOG OF BORING
PROJECT: BPDX-99-141A BORING: ST-1 ~
Preliminary Geotechnical Evaluation
Proposed Housing Development LOCATION:
Albertville, Minnesota See attached sketch.
CREW CHIEF:McWilliams METHOD: 3 1/4" HSA, Autohamr DATE: 10/27/99 SCALE: 1" = 4'
Elev. Depth ASTM
983.4 0.0 Symbol Description of Materials BPF L Tests or Notes
SM -= SILTY SAND, fine-grained, dark brown, moist.
981.9 1.5 (Topsoil}
SC CLAYEY SAND, with a little Gravel, brown,
~`: moist, rather stiff to very stiff. 11
(Glacial Till)
18
16
~!
~'~
~ 13 {
972.4
11.0 .<
~
~
SC CLAYEY SAND, with a little Gravel, brown with #
iron stains, moist, stiff to hard. I
,.:. (Glacial Till) 13
11
-f
- 89
2.9 20.5
END OF BORING.
Water not observed with 19 feet of hollow-stem
auger in the ground.
Water not observed to cave-in depth of 12 feet
immediately after withdrawal of auger.
Boring then backfilled.
I' BPDX-99-141A Braun Intertec - 12/8!99 ST-13 page i of 1
' BRAUN' LOG OF BORING
INTERTEt
i
Il
r
J
PROJECT: BPDX-99-141A BORING: $T-14
Preliminary Geotechnical Evaluation
Proposed Housing Development LOCATION:
Albertville, Minnesota See attached sketch.
CREW CHIEF:McWilliams METHOD: 3 1/4" HSA, Autohamr DATE: IO/27/99 SCALE: t" = 4'
Elev. Depth ASTM
968.0 0.0 Symbol Description of Materials BPF L Tests or Notes
SM _ : SILTY SAND, fine-grained, dark brown, moist.
966.5 1.5 (Topsoil)
5C CLAYEY SAND, brown, moist, medium to rather
f-~ stiff. 6
(Glacial Till)
=:~
10
962.0 6.0
SC ` j CLAYEY SAND, with a little Gravel, brown,
moist, medium to rather stiff.
= ~
(Glacial Till) 10
~f
- 8
957.0 11.0
~
j SC j CLAYEY SAND, with a little Gravel, brown with
iron stains, moist, very stiff.
(Glacial Till) 18
t-
-
- 26
f
/_
-- 30
7.5 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 5 feet
immediately after withdrawal of auger.
Boring then backfilled.
nraun incenec - iaiaiyy J1-i4 page 1 oI 1
IIY 1 LI\I LL
PROJECT: BPDX-99-141A BORING: $T-16
Preliminary Geotechnical Evaluation
Proposed Housing Development LOCATION:
Albertville, Minnesota See attached sketch.
CREW CHIEF:McWilliams METHOD: 3 1/4" HSA, Autohamr DATE: 10/26/99 SCALE: 1" = 4'
Elev. Depth ASTM
969.4 0.0 Symbol Description of Materials BPF L Tests or Notes
SM f : _ SILTY SAND, fine-grained, dark brown, moist.
968.4 1.0 i -_ (To
soil)
p
~
SM SILTY SAND, fine-grained, brown, moist, medium
dense. 15
(Alluvium)
15
' 16
960.4 9.0 -
SC CLAYEY SAND, with a little Gravel, brown and
gray with iron stains, moist, rather stiff. 12
(Glacial Till) ~
/,
,
y
j
r ll
~-_
_~
~~ g
I
11
8.9 20.5 -
END OF BORING.
Water not observed with 19 feet of hollow-stem
auger in the ground.
Water not observed to cave-in depth of 12 feet
immediately after withdrawal of auger.
Boring then backfilled.
ISYU1'i-YY-141A Braun lntertec - 12/BfYY 5'P-16 page 1 of i
~~~~
INTERTEC
LOG OF BORING
PROJECT: BPDX-99-141A BORING: ~T-17
Preliminary Geotechnical Evaluation
Proposed Housing Development LOCATION:
Albertville, Minnesota See attached sketch.
CREW CHIEF: McWilliams METHOD: 3 1/4" HSA, Autohamr DATE: 10/26/99 SCALE: 1" = 4'
EIev" Depth ASTM
964.1 0.0 Symbol Description of Material.> BPF L Tests or Notes
SM SILTY SAND, fine-grained, dark brown, moist.
962"6 1.5 (Topsoil)
SC with trace of Gravel, brown with
CLAYEY SAND
,
iron stains, moist, rather stiff to very stiff. l0
P200 = 47
2%
,:
,y<
(Glacial Till)
.
MC = 14.9%
14
'j
26
r
~-
16
'y
~~-
~l 18 ~
i
-f {
I
;r i
I
I
f I
946.1 18.0 -
SC :j`: CLAYEY SAND, gray, wet, stiff.
(Glacial Till)
15
3.6 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 12 feet
immediately after withdrawal of auger.
Boring then backfilled.
BYllX-Y9-141A Braun Intertec - 12/8/99 S'1'-17 page 1 of 1
~~~~
INTERTEC
L®G ®~ BORiNG
PROJECT: BPDX-99-141A BORING: ST-18
Preliminary Geotechnical Evaluation
LOCATION:
Proposed Housing Development See attached sketch.
Albertville, Minnesota
CREW CHIEF:McWilliams METHOD: 3 i/4" HSA. Autohamr DATE: 10/26(99 SCALE: 1" = 4'
Elev. Depth ASTM
959.9 0.0 Symbol Description of Materials BPF L Tests or Notes
SNI : _ = SILTY SAND, fine-grained, dark brown, moist.
958.4 1.5
SC f`: CLAYEY SAND, brown with iron stains, rather
-i stiff. 10
(Alluvium)
955.9 4.0 f'~<
CL ~' SANDY LEAN CLAY, with a little Gravel, brown
with iron stains, moist, medium to rather stiff. 8
~/ (Glacial Till)
i
8
%,~
;i
~
8
~~
;j
12
945.9 14.0
SC CLAYEY SAND, with a little Gravel, brown with
~:~_ iron stains, moist, stiff. 14
(Glacial Till)
941.9
18.0 ~:
SC CLAYEY SAND, with a little Gravel, gray with
iron stains, moist, hard.
(Glacial Till) 42
9.4 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 13 feet
immediately after withdrawal of auger.
Boring then backfilled.
tSYlix-yy-141A tsrann intenec - i~iaiyy ~~-_~ rases _ ~~
~ ItAt! N'
iNTERTEC
LOC; OF BORING
PROJECT: BPDX-99-141A BORING: $T-'~ Q
Preliminary Geotechnical Evaluation
Proposed Housing Development LOCATION:
Albertville, Minnesota See attached sketch.
CREW CHIEF:McWitliams METHOD: 3 1/4" HSA, Autohamr DATE: 10/27/99 SCALE: 1" = 4'
Elev. Depth ASTM
957.5 0.0 Symbol Description of Materials BPF L Tests or Notes
SC ~ CLAYEY SAND, black, moist.
956.0 1.5 ~`
~ (Topsoil)
SC : CLAYEY SAND, brown with iron stains, moist,
stiff. 14
(Alluvium)
953.j 4.0 ~=
SC = CLAYEY SAND, with a little Gravel, brown with
-- iron stains, moist, rather stiff to very stiff. 13
;r=.. (Glacial Till)
-:.;
; 17
.
-
11
946.5 11.0
SC - CLAYEY SAND, with a little Gravel, gray with
`~~ iron stains, moist to wet, medium to stiff.
r; (Glacial Till) 13
~:.
10
f:
8
7.0 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 13 feet
immediately after withdrawal of auger.
Boring then backfilled.
nrnuL ^ncercec - iwaiyy J'1'-19 page 1 of 1
' BRAUN' LOG OF BORING
INTERTEC
n
~~
PROJECT: BPDX-99-141A BORING: ST-20
Preliminary Geotechnical Evaluation
Proposed Housing Development LOCATION:
Albertville, Minnesota See attached sketch.
CREW CHIEF: McWilliams METHOD: 3 1/4" HSA, Autohamr DATE: 10/26!99 SCALE: 1" = 4'
Elev. Depth ASTM
954.5 0.0 Symbol Description of Materials BPF L Tests or Notes
SC ; CLAYEY SAND, black, moist to wet.
(Topsoil)
2
950.5 4.0 /y
CL LEAN CLAY, with a Iittle Gravel, brown, moist to
wet, rather stiff. 9
(Glacial Till) P200 = 51.6
MC = 26.4%
947.5 7.0
SC ` ~ CLAYEY SAND, gray with iron stains, moist to 14
- ~ wet, stiff.
945.5 9.0 ~ (Glacial Till)
SC :. % CLAYEY SAND, with a little Gravel, gray, moist
~~ to wet
medium to very stiff 8
,
.
(Glacial Till)
9
~:.
~ 9
19
4.0 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 14 feet
immediately after withdrawal of auger.
Boring then backfilled.
nYLa-YY-141A Braun lntertec - 12/8!99 ST-20 page 1 of 1
1
1
1
1
1
1
1
1
1
1
~eseriptive Termirac~i®~y ,
Stcndard D 2487 - 93
C[assificetion of Soils for Engineering Purposes
(Unified Soil C[assiication System)
r As
Grou
s
mbols and
Criteri
f
i
nin ~ C ifi 'o '
y
a
o
g
g
p
s
Group Names Using lnborotory Tests ° Group
5 bpi Grou Name °
= o
~ I Gravels C}twn Gravels ~ C, > 4 and 1 < C- < 3 ` GW Weli-graded gravel `
ii ~
~ a More than 50% of
f
i Less than $ % Fines ` C < 4 and/or 1 > C > 3 `
' GP Poorly graded gravest
m m I coane
ract
on
retained on Grovels with Fines i Fines classifv as ML or MH GM SiIN orvvel t~N'
•o a oo No. 4 sieve More than 12% Fines ` ~ Fines dazsi'ry as C1 or CH GC Clayey arovel r.yn
~ ~ `r I
S Clean Sands j C„ > d and 1 < C < 3 ` SW WelLgroded sand'
Z ` or more of
50% Less than 5°e fines ° I C < 6 and/or 1 > C > 3 ` SP Fooriy graded sond'
o `eo I
u E coorse kgction posses
4
N
i Sands with Fines I fines dossi as ML or MH
fi'
$th w
SiIN sand
~ o.
s
eve s
More than 12°6 fines I Fines dossiry as Cl or CH $C Clayey sond"
-= g - i PI > 7 and plots on or above `A" Liner
inor gmc CL lean ti "~
m m
ra Silts and Clays
li
id li
it ~ PI < 4 or plots below "A" line ~ ML Silt <r~
n
u -°a-„ qu
m
less than 50 organic I Liquid limit -oven dried < 0
75 Ol Organic ciov u"°
e e S
~o o .
I liquid limit -not dried Organic silt us'°
r
`m E d
I fl plots on or above "A" line
inor
anic
CH
fat tlw `~
0 o Z
~ Silts and CI z
aY g
I PI plots below 'A" line MH El
il
u'°
o
~ liquid limit astic s
t
p (
'^ 50 or more organic I Cioyid limit -oven dried < 0 75 OH Organic clay ", °'
Liquid limit -not dried Organic silt s"`4
Highly Organic Soils Primarily organic maser, dgri in color. and organic odor PT Peat
Based on the motenol passing the 3~n {75,nm) veve.
b. If field sample contained cobbles or boulder:, or both, odd 'with cobbles or boulder, or both,' ro group some.
c Grovels with 5 to . 2% fines reauke duo{ symboh:
Gw~M we;~graded gravel with rm
GW-GC well-graded grovel with <ioy
GRGM poorly graded grovel with sill
GP~C poorly graded arovel with ciov
d. Sands with 5 ro 12°f. fines revuire duoi symbols:
SW.SM well-oraood sond with slit
SW-SC weitaraded sand with cloy
$P.SM poorly eroded sond with zih
SRSC poorly oraded sand with ciov
D_zC
r. If rail <antainr > i s°o rand, add -with sond• ro group name.
c. IF fines classify os Clans. me duoi svmbot GCvM or SCSM.
h. If fines pro oroonic. add 'wuh organic fines' b group name.
i. If snit contmrss > 15'.e arovel, odd 'with arovel' ro proud name.
j. If Anerberg limits pion in hatched area, soil is a CLJdt. silt' ciw.
k. II soil contains 15 ro 29"L oivs No. 200, add 'with sond' or "with gravel,' whichever is oredominanL
L If soil contains > 30`.e pins Na_ 200, predaminonriv sond, odd "sandy' b group some.
m. If rnil contains > 30°6 plus rvo. 200; predominantfv arovel, odd -gravelly' io Droop name.
n. Pi > d and plots or, or wove 'A" line.
u. PI < a or plop below "A' Iin .
p. PI pioh on or above •:: line.
q. PI Dior: below ',.' line.
60
50
a
x d0
m
'II
C 30
•~ 20
a
a
t0
7
d
0
0 10 16 20 30 a0 50 60 70 BO 90 100 110
Liquid Limit (LL)
Laboratory Tests
DD Dry density, pcf OC Organic content, °o
WD Wet density, pcf 5 Fercent of saturation, °o
MC Natural moisture co
- ntent, °o SG Specific gravity
u Liquid
limit, °o C Cohesion, psf
PL Plastic limit, °o ~ Angie of internal friction
PI Plasticity index, °o qu Unconfined compressive strength, psf
P200 ~o passing 200 sieve qp Pocket penetrometer strength, tsf
Particle Size Identification
Boulders ........................... over 12"
Cobbles ............................. 3" to 12"
Gravel
Coarse ........................... 3/4" to 3,r
Fine ............................... No. 4 to 3/d"
Sand
Coarse ........................... No. d to No. 10
Medium .......................... No. 10 to No. 40
Fine ............................... No. 40 to No. 200
Silt ...--.. ............................. No. 200 to .005 mm
Clay .................................. less than .005 mm
Re[otive Density of
Cohesionless Soils
very loose 0 to 4 BPF
loose 5 to 10 BPF
medium dense 1 1 to 30 BPF
dense 31 to SO BPF
very dense over 50 BPF
Consistency of Cohesive Soils
very soft ............................ 0 to 1 BPF
sort ......-• ........................... 2 to 3 BPF
rather soft .......................... 4 to SBPF
medium ............................. 6 to &BPF
rather stiff .......................... 9 to 12 BPF
stiff ................................... 13 to 16 BPF
very stiff ............................. 17 to 30 BPF
hard .................................. over 30 BPF
Drilling Notes
Standard penetrarion test borings were advanced by
3 1 /4" or 6 1 jd" ID hollow-stem augers unless noted other-
wise. letting water was used to clean out auger prior to
sampling Drily where indicated on logs. Stonaara penetration
test borings are designated by the prefix "5T" (Soffit Tube).
Power auger borings were advanced by 4" or b" diometert
continuous-flight, solid-stem augerz. Soil classifications ana
strata depths were inferred tram disturbed samples angered to
the surface and aret therefore, somewhat aporoximare. Tower
auger borings ore aesignated by the prefix "B".
Hand auger borings were advanced manually with a 1 1 /2"
diameter auger grid were limited to the depth from which the
auger could~6e manually withdrawn, Hand auger borings are
inaicated by the prefix ' H".
Sampling: All samples were taken with the standard 2" C;D
split-tube sampler, except where noted- TW indicates thin-
walled (undisturbed} tube sample.
BPF: Numbers indicate blows per foot recorded in standard
penetration tests also known os''N" value. The sampler was se
6" into undisturoed 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.
WFi: WH indicates the sampler penetrated sot! under weight
of hammer and rods oione; driving not required.
WR: WR indicates the sampler penetrated soil under weight of
rods oione; hammer weight and driving not reouired.
Note: All tests were run in general accordance with oppli-
cabie ASTM standards.
~srw
I ~! ~ E R [ E ~ Rev.- 2/9i
Px clossiiirnrion of fine-greir><d
sails and Fne-grained fracrien of
e
c
Eouonoa of 'A- fine: V `~,e
Hanzontoi of P{_t Io Li-25.5, •J/ O~ r ~
then PI_0.73 (LL-201
o
Vemcol ar Li-16 ro PI-7, /
d,.n PI_o
~ iu-al
.
/
~,
os
G~
MH or OH
ML or OL
a - ML
I I